201 KAR 12:010. Administrator's duties.
RELATES TO: KRS 317A.030, 317A.040
STATUTORY AUTHORITY: KRS 317A.040
NECESSITY, FUNCTION, AND CONFORMITY: KRS 317A.040 requires the employment of an administrator to coordinate the examinations, inspections, and supervise the general office functions of the agency.
Section 1. The administrator shall serve as the board's liaison officer and coordinator in all administrative matters.
Section 2. The administrator shall have full powers to inspect any establishment licensed by this board or investigate any reported illegal practice.
Section 3. The administrator shall have the power for and on behalf of the board to issue subpoenas for licenses, for the attendance of witnesses, and the production of such records, documents, and material as may be necessary in the conduct of board meetings.
Section 4. The administrator shall assist the members of the board in the giving and supervising of examinations.
Section 5. The administrator shall fill all merit positions from the merit register as required by the Department of Personnel statutes and rules and administrative regulations. Any or all dismissals of employees shall be made by the majority decision of the board with notification to be made by the administrator. Any suspension or disciplinary action may be made by the appointing authority of the board. (KBHC:Adm:1-1; 1 Ky.R. 720; eff. 5-14-75; Am. 11 Ky.R. 1437; eff. 5-14-85; 20 Ky.R. 1026; eff. 1-10-94.)
201 KAR 12:020. Examination.
RELATES TO: KRS 317A.010, 317A.020, 317A.050, 317A.100, 317B.025
STATUTORY AUTHORITY: KRS 317A.050, 317A.060, 317B.020
NECESSITY, FUNCTION, AND CONFORMITY: KRS 317A.060 and 317B.020 require the board to promulgate administrative regulations regarding examinations of applicants for licenses in cosmetology, nail technology, and esthetics. This administration regulation establishes the procedure and qualifications for these examinations.
Section 1. (1) A graduate of any school of cosmetology licensed by this board shall not be accepted for apprentice examination who has not registered with the board at least ten (10) months and two (2) weeks prior to the examination.
(2) A graduate nail technician shall not be accepted for examination who has not registered with the board at least seventy-five (75) days prior to examination.
(3) A graduate esthetician shall not be accepted for examination who has not registered with the board at least six (6) months and two (2) weeks prior to examination.
Section 2. An applicant for licensure who completed hours in another state shall submit a certification from the state board of the state in which the hours were obtained.
Section 3. A student, apprentice cosmetologist, nail technician, or esthetician shall not be permitted to take the board's examination whose application completed in full has not reached the office of the board at least ten (10) working days prior to the beginning date of examination.
Section 4. (1) The board's examination shall be given only to an applicant who has been notified to appear for the examination and who is wearing a clean, washable uniform, and who has with him or her instruments and all supplies needed to be used in the giving of practical examination.
(2) A uniform shall be considered a lab jacket or smock over clothing.
(3) Bibs or aprons shall not be allowed.
Section 5. The examination shall consist of both a written test and practical demonstration in subjects from the curriculum as specified in 201 KAR 12:082 and 201 KAR 12:088. The practical demonstration shall be performed on a mannequin head and hand for the cosmetology practical examination, mannequin head for the esthetician practical examination and a mannequin hand for the nail technician practical examination provided by the applicant.
Section 6. (1) An average grade of seventy (70) percent in theory and practical shall be required as a passing grade on the board's apprentice cosmetologist nail technician and esthetician examination. A license shall not be issued to an applicant, not including instructors, with a grade below seventy (70) percent in any one subject. An applicant shall submit to reexamination on subjects not successfully completed.
(2) An instructor's license shall not be issued to any applicant receiving a grade below eighty (80) percent on written and eighty-five (85) percent on practical. An applicant shall submit to reexamination on subjects not successfully completed.
Section 7. A student who practices cosmetology, nail technology or esthetics in a beauty salon prior to the examination given by the board may be considered ineligible to take the examination pending hearing before the board.
Section 8. A bulletin board shall be provided by a school and the examination schedule shall be conspicuously displayed thereon at all times.
Section 9. An applicant successfully completing the state board examinations shall buy his or her license within thirty (30) days following the examination. Failure to purchase the license shall require the paying of the appropriate restoration fee as required by 201 KAR 12:260 and appropriate restoration fee as required by 201 KAR 12:220(4) for an esthetics license.
Section 10. The fee accompanying an application shall not be refunded unless the application is rejected by the board.
Section 11. Any applicant who fails the state board examinations may be rescheduled for examination during any examination period if all qualifications are met.
Section 12. (1) Except as provided by subsections (2) or (3) of this section, any applicant that fails to report for examination on the date in which the applicant was notified shall submit an examination application and pay the examination fee as required by 201 KAR 12:260 prior to being rescheduled for examination.
(2) The board shall waive the examination fee under the following circumstances:
(a) Illness or medical condition of the applicant that prohibits the applicant from reporting to the examination;
(b) Death, illness, or medical condition in the applicant's immediate family that prohibits the applicant from reporting to the examination;
(c) Car trouble or interstate closure on the way to the examination site that prohibits the applicant from arriving at the scheduled time; or
(d) For not more than two (2) consecutive examination periods, the applicant contacts the office of the board not later than two (2) business days prior to the scheduled examination.
(3) The board may waive the examination fee for other reasonable circumstances beyond the applicant's control.
Section 13. Incorporation by Reference. (1) The following material is incorporated by reference:
(a) "Apprentice Cosmetologist Application for Examination", June 30, 3006;
(b) "Manicurist/Nail Technician Application for Examination", June 30, 2006; and
(c) "Esthetician Application for Examination", June 30, 2006.
(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at Kentucky State Board of Hairdressers and Cosmetologists, 111 St. James Court, Suite A, Frankfort, Kentucky, 40601, Monday through Friday, 8 a.m. to 4:30 p.m. (KBHC:Sch:Exam. 1-2; 1 Ky.R. 720; eff. 5-14-75; Am. 5 Ky.R. 542; eff. 3-7-79; 7 Ky.R. 481; 639; eff. 2-4-81; 11 Ky.R. 1438; eff. 5-14-85; 16 Ky.R. 1599; eff. 4-12-90; 30 Ky.R. 953; 1905; eff. 2-16-2004; 32 Ky.R. 2066; 33 Ky.R. 381; eff. 9-1-06.)
201 KAR 12:025. Additional study after failing examination.
RELATES TO: KRS 317A.050, 317B.025(1)(e)
STATUTORY AUTHORITY: KRS 317A.050, 317.060, 317B.020
NECESSITY, FUNCTION, AND CONFORMITY: KRS 317A.060 and 317B.020 require the board to promulgate administrative regulations regarding examinations of applicants for licenses in cosmetology, nail technology and esthetics. This administrative regulation establishes the procedure taken if an examination is failed.
Section 1. An applicant for apprentice cosmetologist, nail technician or esthetician license who does not pass the examination conducted by the board may complete a further course of study in a licensed school of cosmetology on the subject or subjects failed. A reenrollment application shall be filed in the office of the board and a certification of additional hours to be completed shall accompany application for reenrollment.
Section 2. An applicant for instructor's license who does not pass the instructor's examination conducted by the board may complete a further course of study in a licensed school of cosmetology on the subject or subjects failed. A reenrollment application shall be filed in the office of the board and a certification of additional hours to be completed shall accompany application for reenrollment.
Section 3. Any applicant failing the examination required by the board shall complete a new examination application and shall pay the appropriate examination fee. (KBHC: Appr: Exam-1-1; 1 Ky.R. 1398; Am. 2 Ky.R. 143; eff. 8-13-75; 16 Ky.R. 1600; eff. 4-12-90; 30 Ky.R. 955; 1906; eff. 2-16-2004.)
201 KAR 12:030. License required.
RELATES TO: KRS 317A.020, 317A.050, 317B.025
STATUTORY AUTHORITY: KRS 317A.060, 317B.020
NECESSITY, FUNCTION, AND CONFORMITY: KRS 317A.060 and 317B.020 require the board to promulgate administrative regulations governing cosmetology, nail technology, and esthetics. This administrative regulation establishes special licensing requirements.
Section 1. An establishment or licensee of this board shall not employ an unlicensed person to perform or practice cosmetology, nail technology or esthetics. (KBHC:Lic:PL: Bus-1; 1 Ky.R. 720; eff. 5-14-75; Am. 9 Ky.R. 12; eff. 8-11-82; 13 Ky.R. 1710; eff. 6-9-87; 15 Ky.R. 2103; eff. 4-14-89; 30 Ky.R. 955; 1906; eff. 2-16-2004.)
201 KAR 12:031. Replacement of license - duplicate license.
RELATES TO: KRS 317A.050, 317B.025
STATUTORY AUTHORITY: KRS 317A.060, 317B.020(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 317A.060 and 317B.020 authorize the board to promulgate administrative regulations regarding licensure for cosmetology, nail technology and esthetics. KRS 317B.020(3)(l) authorizes the board to promulgate administrative regulations to establish fees required pursuant to KRS 317B.010 to 3178.060. This administrative regulation establishes the procedure for issuance of a duplicate license and establishes the fee for issuance of a duplicate esthetician license.
Section 1. If a license is lost, destroyed or stolen after issuance, a duplicate license shall be issued to the licensee. The licensee shall file a statement verifying the loss of the license and each duplicate license shall be indicated "duplicate."
Section 2. The fee for a duplicate esthetician license shall be the same as the initial license fee as required by 201 KAR 12:220(1). (3 Ky.R. 417; eff. 12-1-76; Am. 11 Ky.R. 1439; eff. 5-14-85; 16 Ky.R. 1600; eff. 4-12-90; 20 Ky.R. 1027; eff. 1-10-94; 30 Ky.R. 956; 1907; eff. 2-16-2004.)
201 KAR 12:040. Apprentices; ratio to operators.
RELATES TO: KRS 317A.030, 317A.060
STATUTORY AUTHORITY: KRS 317A.050
NECESSITY, FUNCTION, AND CONFORMITY: KRS 317A.050 requires an apprentice cosmetologist to work six (6) months under the supervision of a licensed cosmetologist.
Section 1. (1) Salons employing apprentice cosmetologists shall maintain the following ratio:
(a) Two (2) apprentice cosmetologists to one (1) cosmetologist.
(b) Three (3) apprentice cosmetologists to two (2) cosmetologists.
(c) Four (4) apprentice cosmetologists to three (3) cosmetologists.
(2) Any salon employing more than four (4) apprentice cosmetologists shall maintain an equal ratio of one (1) apprentice cosmetologist per cosmetologist.
Section 2. A licensed cosmetologist shall be available for immediate supervision any time an apprentice cosmetologist provides any service relating to the practice of cosmetology. (KBHC:Sh:Appr-1; 1 Ky.R. 720; eff. 5-14-75; Am. 11 Ky.R. 1439; eff. 5-14-85; 16 Ky.R. 1601; eff. 4-12-90.)
201 KAR 12:045. Apprentice, nail technician, esthetician, and instructor's licensing.
RELATES TO: KRS 317A.050, 317B.025
STATUTORY AUTHORITY: KRS 317A.060, 317B.020
NECESSITY, FUNCTION, AND CONFORMITY: KRS 317A.060 and 317B.020 authorize the board to promulgate administrative regulations regarding licenses in cosmetology, nail technology and esthetics. This administrative regulation establishes procedures for examination and license applications.
Section 1. An application for any examination established under KRS Chapter 317A and 317B shall be accompanied by a notarized certification of hours from the school the student attended.
Section 2. (1) An apprentice cosmetologist shall apply for a regular license no sooner than six (6) months and no longer than eighteen (18) months after passing the apprentice examination. Any extension of this period of time shall be granted at the discretion of the board.
(2) Six (6) month apprenticeship consists of working in a licensed beauty salon for an average of twenty (20) hours per week for six (6) months.
Section 3. An apprentice cosmetology instructor shall apply for an instructor license no sooner than six (6) months and no longer then twenty-four (24) months after receiving an apprentice instructor license. Any extension of this period of time to be granted at the discretion of the board. (KBHC: Bd-Exam-1-1; Appr. Exam 4-1; 1 Ky.R. 1398; Am. 2 Ky.R. 143; eff. 8-13-75; 16 Ky.R. 1601; eff. 4-12-90; 30 Ky.R. 957; 1907; eff. 2-16-2004.)
201 KAR 12:050. Reciprocity for valid licensee.
RELATES TO: KRS 317A.050, 317A.100, 317B.040
STATUTORY AUTHORITY: KRS 317A.060, 317A.100(1), 317B.020, 317B.040(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 317A.100(1) and 317B.040(1) allow the board to prescribe reasonable administrative regulations pertaining to the issuance of a cosmetology license to any person holding a comparable license by another state, and the issuance of an esthetics license to any person holding a comparable license issued by another state or country. This administrative regulation establishes reciprocity requirements for cosmetology and esthetics applicants licensed in other states and for an esthetic practitioner licensed in another country.
Section 1. Any applicant from another state within the United States, who holds a valid cosmetology or esthetic license and who can show proof of two (2) years current experience, may come before the state board for examination (practical only) by paying the out-of-state cosmetologist examination fee established in KRS 317A.050(10)(e) and the cosmetologist license fee established in KRS 317A.050(2)(d), or by paying the esthetician license fee established in 201 KAR 12:220, Section 1(1) and the out-of-state esthetician examination fee established in 201 KAR 12:220, Section 3(3).
Section 2. An applicant shall provide:
(1) A certification or official equivalent and copy of current license from the state board or state granting original license; and
(2)(a) Proof of two (2) years high school education or its equivalent for a cosmetologist license; or
(b) Proof of four (4) years high school education or its equivalent for an esthetician license.
Section 3. (1) An esthetic practitioner who is a Comite’ International D’Esthetique Et de Cosmetologie Organization (CIDESCO) Diplomate shall receive a license to practice esthetics without examination if the practitioner:
(a) Provides proof of successful completion of the CIDESCO examination; and
(b) Pays a fee of $200.
(2) Proof of successful CIDESCO examination completion shall be the following:
(a) Date, time and place of sitting for and passing the CIDESCO examination; and
(b) Copy of the CIDESCO diploma and statement of verification from the CIDESCO International organization in Zurich, Switzerland. (KBHC: Rec.-1; 1 Ky.R. 599; eff. 4-9-1975; Am. 7 Ky.R. 482; eff. 3-4-81; 16 Ky.R. 1602; eff. 4-12-90; 20 Ky.R. 1027; eff. 1-10-94; 30 Ky.R. 958; 1907; eff. 2-16-2004; 30 Ky.R. 2414; 31 Ky.R. 29 eff. 8-6-04.)
201 KAR 12:055. Instructor's license for out-of-state applicant.
RELATES TO: KRS 317A.050, 317A.100, 317B.025, 317B.040
STATUTORY AUTHORITY: KRS 317A.050, 317A.100(1), 317B.020, 317B.040(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 317A.100(1) and 317B.040(1) allow the board to prescribe reasonable administrative regulations pertaining to the issuance of a cosmetologist or esthetician license to any person holding a comparable license issued by another state. This administrative regulation establishes requirements for out-of-state applicants for instructor's licenses.
Section 1. (1) Any applicant from another state within the United States who holds a current instructor of cosmetology or esthetics license and who can show proof of two (2) years current experience as a licensed cosmetology or esthetics instructor and proof of the statutory educational requirements established in KRS 317A.050(6)(b) and 317B.025(4)(c) may come before the state board for examination (written and practical) by paying the statutory out-of-state instructor fee pursuant to KRS 317A.050(10)(f) for cosmetologists and 201 KAR 12:220, Section 3(3) for estheticians.
(2) Before the first instructor license may be issued, the applicant shall:
(a) Pass the prescribed examination for cosmetology instructors;
(b) Pay the examination fee as set forth in KRS 317A.050(10)(b) for regular cosmetologists; and
(c) Pay the first cosmetology license fee as set forth in KRS 317A.050(2)(d).
(3) After passing the prescribed examination for esthetic instructors, an applicant shall pay the esthetician initial license fee established in 201 KAR 12:220, Section 1(1) and the esthetic instructor fee established in 201 KAR 12:220, Section 1(3). (1 Ky.R. 1399; Am. 2 Ky.R. 442; eff. 3-10-1976; 7 Ky.R. 482; eff. 3-4-81; 16 Ky.R. 1603; eff. 4-12-90; 20 Ky.R. 1028; eff. 1-10-94; 30 Ky.R. 959; 1908; eff. 2-16-2004.)
201 KAR 12:060. Inspections.
RELATES TO: KRS 317A.050, 317A.060, 317B.025
STATUTORY AUTHORITY: KRS 317A.060, 317B.020
NECESSITY, FUNCTION, AND CONFORMITY: KRS 317A.060 and 317B.020 require the board to promulgate administrative regulations governing the operation of any schools and salons of cosmetology, nail technology and esthetics, and to protect the health and safety of the public. This administrative regulation establishes inspection and health and safety requirements for all schools and salons of cosmetology, nail technology, and esthetics.
Section 1. Any board member, the administrator and inspectors shall be allowed to enter any establishment licensed by this board or any place purported to be practicing cosmetology, nail technology or esthetics at any reasonable hour for the purpose of determining if the individuals are complying with KRS Chapters 317A, 317B and 201 KAR Chapter 12.
Section 2. Each licensee shall attach his or her picture to the license. and place it in a conspicuous area in the salon or school.
Section 3. (1) Any salon closing for business but maintaining yearly license renewal shall be considered an inactive salon and shall remain same provided plumbing and equipment is not removed.
(2) The salon shall be inspected periodically.
(3) Any salon removing equipment and plumbing shall be considered out of business and the license voided.
Section 4. (1) All establishments licensed by this board shall be inspected a minimum of two (2) times per year.
(2) The owner and manager of each establishment licensed by the board are responsible for compliance with KRS Chapters 317A, 317B, and 201 KAR Chapter 12. (KBHC:Insp-1-1; 1 Ky.R. 721; eff. 5-14-1975; Am. 11 Ky.R. 1440; eff. 5-14-85; 16 Ky.R. 1603; eff. 4-12-90; 20 Ky.R. 1028; 1780; eff. 1-10-94; 30 Ky.R. 960; 1908; eff. 2-16-2004.)
201 KAR 12:065. New, relocated and change of owner salons.
RELATES TO: KRS 317A.050, 317A.060, 317B.025
STATUTORY AUTHORITY: KRS 317A.060, 317B.025
NECESSITY, FUNCTION, AND CONFORMITY: KRS 317A.060 and 317B.020 require the board to promulgate administrative regulations governing the operation of any salons of cosmetology, nail technology and esthetics. This administrative regulation establishes requirements for beauty salons, nail salons and esthetic salons which are new, relocating or changing owners, and the separation of salons from barber shops.
Section 1. All beauty salons, nail salons and esthetic salons which are new or relocating shall complete a "Beauty Salon Application" or "Nail Salon Application" furnished by the board.
Section 2. Five (5) days before opening for business, all beauty salons, nail salons and esthetic salons which are new relocating or changing owners shall notify the board of the new location, date on which the salon is to be opened for business and name of the owner and manager of the salon.
Section 3. All beauty salons, nail salons and esthetic salons which are new or relocating shall be inspected by an inspector employed by the board before issuance of license. A salon shall not open for business prior to issuance of a salon license.
Section 4. All beauty salons, nail salons and esthetic salons which are new or relocating shall comply with all city, county, and state zoning, building and plumbing laws, administrative regulations and codes.
Section 5. (1) Except as provided by subsection (2) of this section, all beauty salons, nail salons and esthetic salons shall be separated from all barber shops by a solid partition extending to the ceiling and each facility shall have its own individual entrance.
(2) The provisions of subsection (1) of this section shall not apply to a nursing home if it:
(a) Has obtained a salon license from the board; and
(b) The practice of barbering does not occur at the same time as the practice of cosmetology.
(3) If the provisions of subsection (2) of this section have been met, a cosmetologist may engage in the practice of cosmetology on the premises of a nursing home in the same facility established by the nursing home for the practice of barbering.
Section 6. Any salon located in a residence shall have its own outside entrance separate from that of the residence.
Section 7. Incorporation by Reference. (1) The following material is incorporated by reference:
(a) "Beauty Salon Application" (2003); and
(b) "Nail Salon Application" (2003).
(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at Kentucky State Board of Hairdressers and Cosmetologists, 111 St. James Court, Suite A, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. (KBHC: Inspect.-2-2; 1 Ky.R. 1399; Am. 2 Ky.R. 144; eff. 8-13-1975; 6 Ky.R. 416; eff. 4-1-80; 15 Ky.R. 1676; eff. 3-10-89; 16 Ky.R. 1604; eff. 4-12-90; 20 Ky.R. 1029; 1781; eff. 1-10-94; 30 Ky.R. 960; 1909; eff. 2-16-2004.)
201 KAR 12:070. Requirements for esthetic salons.
RELATES TO: KRS 317B.025
STATUTORY AUTHORITY: KRS 317B.020
NECESSITY, FUNCTION AND CONFORMITY: KRS 317B.020(3) requires the board to promulgate administrative regulations to protect the health and safety of the public; set standards for the operation of the schools and salons; and establish the quality of equipment, supplies, materials, records, and furnishings required in esthetic salons or classrooms. This administrative regulation establishes requirements for equipment, supplies and materials used in esthetic salons and licensure requirements for establishments where esthetics are practiced.
Section 1. Any beauty salon practicing esthetics and esthetic salons shall meet the following minimum requirements for each work area:
(1) Privacy for changing;
(2) One (1) sink in each work area with hot and cold running water;
(3) One (1) steamer for hot towels;
(4) One (1) autoclave;
(5) Closed cabinet for clean towels and linens;
(6) Closed container for used towels and linens;
(7) Sufficient number of covered waste containers;
(8) Seventy (70) percent alcohol at every station;
(9) Hand disinfectant;
(10) Hospital grade disinfectant;
(11) Antiseptics;
(12) Sharps containers;
(13) Gloves;
(14) Dry sanitizer; and
(15) Disposable applicators.
Section 2. Under the "immediate supervision" requirement established by KRS 317B.015(1), an esthetician may perform the activities listed in the statute only if a doctor is in the same room overseeing these activities at all times.
Section 3. Any establishment or facility where esthetics is performed shall be licensed by the board pursuant to KRS 317B.025(3). (30 Ky.R. 1138; Am. 1564; 1909; eff. 2-16-2004.)
201 KAR 12:080. Salon and school public identification.
RELATES TO: KRS 317A.020, 317A.050, 317B.025
STATUTORY AUTHORITY: KRS 317A.060, 317B.020
NECESSITY, FUNCTION, AND CONFORMITY: KRS 317A.060 and 317B.020 require the board to promulgate administrative regulations governing the operation of any schools and salons of cosmetology, nail technology, and esthetics and to protect the health and safety of the public. This administrative regulation sets forth requirements for public identification of establishments licensed by the board to aid the general public and inspectors in locating these establishments.
Section 1. The main entrance to any establishment licensed by the board shall display a sign indicating a beauty salon, nail salon, esthetic salon or cosmetology school. The sign shall indicate the name of the salon or school and shall be clearly visible at the main entrance of said place. (KBHC: Iden-1-1; 1 Ky.R. 721; eff. 5-14-1975; Am. 20 Ky.R. 1030; eff. 1-10-94; 30 Ky.R. 961; 910; 2-16-2004.)
201 KAR 12:082. School's course of instruction.
RELATES TO: KRS 317.050(8), 317A.090
STATUTORY AUTHORITY: KRS 317A.060(1), 317A.090
NECESSITY, FUNCTION, AND CONFORMITY: KRS 317A.060(1) requires the board to promulgate administrative regulations governing schools of cosmetology, including their hours and courses of instruction. KRS 317A.090 establishes the requirements for schools of cosmetology. This administrative regulation establishes requirements for the hours and courses of instruction of schools of cosmetology.
Section 1. The regular courses of instruction for cosmetology students shall contain the following:
(1) Professional practices.
(a) The cosmetology profession.
1. Cosmetology vocabulary.
2. Brief history: how it began, and changes.
3. Ethics: ethics in a beauty salon; and salon conduct.
(b) Salon procedures.
1. Hygiene and good grooming.
a. Personal and public;
b. Personal characteristics; and
c. Responsibilities of a cosmetologist.
2. Professional attitudes and salesmanship.
a. Personality development;
b. Salesmanship and business management;
c. Customer relationship; and
d. Telephone personality.
3. Public relations and psychology.
a. Behavior; and
b. Proper image.
(c) Specialty services.
1. Facial treatments and make-up.
a. Facial treatment/make-up preparation;
b. Implements and supplies;
c. Procedure in giving a plain facial;
d. Purpose and effect of massage movements;
e. Facial cosmetics;
f. Special problems;
g. Eyebrow arching; and
h. Lash and brow dye.
2. Nail technology.
a. Purpose and effect;
b. Preparation;
c. Equipment; and
d. Procedures, including the following:
(i) Plain manicure;
(ii) Oil manicure;
(iii) Removal of stains;
(iv) Repair work;
(v) Hand and arm massage;
(vi) Buffing;
(vii) Application of lacquer; and
(viii) Application of artificial nails.
(2) Life sciences (general anatomy).
(a) Osteology.
1. Definition; and
2. Functions.
(b) Myology.
1. Definition;
2. Functions; and
3. Types.
(c) Neurology.
1. Definition;
2. Functions;
3. Types (motor and sensory); and
4. Principal nerves of the head, face and neck.
(d) Angiology.
1. Definition;
2. Composition of blood; and
3. Function of blood.
(e) Dermatology.
1. Structure of skin;
2. Functions of skin;
3. Appendages of skin;
4. Conditions of the skin; and
5. Lesions of the skin.
(f) Trichology.
1. Structure of hair;
2. Composition;
3. Blood and nerve supply;
4. Growth and regeneration;
5. Color;
6. Texture;
7. Elasticity;
8. Porosity; and
9. Conditions to be recognized.
(g) Nails.
1. Structure and composition;
2. Growth and regeneration; and
3. Irregularities.
(3) Physical sciences (chemistry and treatment).
(a) Chemistry.
1. Elements, compounds, and mixtures.
a. Properties of;
b. Acid and alkali; and
c. Chemistry of water.
2. Composition and uses of cosmetics.
a. For the body;
b. For the skin and face; and
c. For the scalp and hair.
3. Chemistry of hair lightening.
4. Chemistry of hair coloring.
5. Chemical hair relaxing.
6. Chemistry of make-up.
7. Chemistry of facial treatments.
8. Chemistry of rinses.
a. Soaps and shampoos; and
b. Detergents.
9. Chemistry of cold waving.
(b) Scalp and hair treatments.
1. Purpose and effects;
2. Preparation and procedure;
3. Use of cap;
4. Electricity and therapeutic ray; and
5. Safety rules.
(c) Shampoos and rinses.
1. Importance of good shampoo;
2. Purpose of effects;
3. Required materials and implements;
4. Brushing and drying;
5. Types of shampoos;
6. Rinses (not colored); and
7. Composition.
(d) Hair coloring.
1. Principal reasons for coloring;
2. Advantages of coloring;
3. Classifications of hair coloring;
4. Variation of products;
5. Procedures; and
6. Safety measures.
(e) Hair lightening.
1. Types of lighteners;
2. Implements and supplies;
3. Procedure;
4. Special problems in hair lightening;
5. Fillers and toners;
6. Removal of aniline derivative tints; and
7. Tint back to natural coloring.
(f) Cold waving.
1. Basic requirements;
2. Scalp and hair analysis;
3. Hair porosity;
4. Hair texture;
5. Hair elasticity;
6. Hair density;
7. Curling rods and chemicals;
8. Variation of permanent wave products;
9. Procedures;
10. Problems; and
11. Safety measures.
(g) Sterilization and sanitation.
1. Definitions;
2. Importance;
3. Sterilization rules; and
4. Methods of sterilization.
(4) Hair designing or sculpturing.
(a) Hair shaping.
1. Fundamentals of hair shaping;
2. Correct use of tools;
3. Designing and planning the hair cut;
4. Sectioning and thinning;
5. Razor and shear shaping;
6. Wig shaping; and
7. Safety precautions.
(b) Hair styling.
1. Finger waving;
2. Pin curls;
3. Hair partings;
4. Artistry hair styling;
5. Dressing of the coiffure;
6. Special consideration in hair styling;
7. Chemical hair relaxing and styling;
8. Facial types; and
9. Hair pressing and types of hot-iron curling.
(c) Care and styling of wigs.
1. Purpose;
2. Quality;
3. Types of wigs;
4. Ordering wigs;
5. Cleaning;
6. Shaping;
7. Tinting and color rinsing;
8. Setting; and
9. Safety precautions.
Section 2. A school shall teach the students about the various supplies and equipment used in the usual salon practices.
Section 3. A school shall have the following charts or visual aids available for students' use:
(1) Charts or visual aids showing anatomy of muscles of face and neck with special reference to the direction of muscle fibers and function of muscle or groups of muscles; and
(2) Charts or visual aids showing anatomy of nails.
Section 4. A student shall receive not less than 1,800 hours in clinical class work and scientific lectures with 450 minimum lecture hours for science and theory and 1,305 minimum clinic and practice hours; and forty-five (45) hours of applicable Kentucky statutes and administrative regulations.
Section 5. One (1) hour per week shall be devoted to the teaching and explanation of the Kentucky law as set forth in KRS Chapter 317A and the administrative regulations of the board.
Section 6. A school of cosmetology shall maintain and teach the following curriculum:
(1) Curriculum for freshmen students.
(a) Theory and related theory class, 100 hours.
1. General theory, including Kentucky cosmetology law and applicable administrative regulations promulgated thereunder.
2. Clinical theory.
3. Lecturing theory.
(b) Clinical and related theory class (freshman practice class on students or mannequins), 200 hours.
1. Cold waves.
2. Facials and make-up.
3. Complete "S" formations or complete finger waves.
4. Pin curl technique.
5. Hair shaping.
6. Hair styling techniques.
7. Lash and brow tint.
8. Eyebrow arches.
9. Nail technology.
10. Scalp treatments.
11. Shampooing.
12. Hair coloring, bleaching, and rinsing (mixing and formulas).
13. Heat permanent.
14. Safety measures.
(2) Curriculum for junior and senior students.
(a) Theory and related theory class, 500 hours, including:
1. Professional practices;
2. Life sciences (general anatomy);
3. Physical sciences (chemistry and treatment);
4. Hair designing safety measures; and
5. Kentucky cosmetology laws and applicable administrative regulations.
(b) Clinical class, 1,000 hours.
1. Hair conditioning treatments.
2. Scalp treatments.
3. Hair shaping.
4. Shampoos.
5. Cold waves.
6. Chemical hair relaxing (permanent wave).
7. Complete "S" formation and complete finger waves.
8. Pin curl techniques.
9. Hair styles.
10. Iron curling.
11. Hair coloring and toning.
12. Bleaches and frostings.
13. Facials and make-up.
14. Nail technology.
15. Lash and brow tints.
16. Eyebrow arches.
17. Color rinses (certified color).
18. Wiggery.
19. Professional ethics and good grooming.
20. Salesmanship.
21. Reception desk and telephone answering.
22. Recordkeeping.
23. Dispensary (procedures for ordering supplies and retail merchandise).
24. Personality development.
25. Salon management.
26. Public relations.
Section 7. In addition to the regular course of instruction, a cosmetology school may have two (2) related lectures and demonstrations per month.
Section 8. Time not utilized in theory or clinic work shall be used for study periods or library work.
Section 9. A school shall furnish students text books that have been approved by the board.
Section 10. A student of cosmetology shall not be permitted to work on the public until the student has completed 300 hours of instruction.
Section 11. A student of cosmetology shall be allowed a total of sixteen (16) hours for out-of-school activities pertaining to the profession of cosmetology per 1,800 hours, not to exceed eight (8) hours per day, if:
(1) It is reported to the board office on "Certification of Cosmetology Field Trip * Hours (95)" form, or "Certification of Cosmetology Student Education Show * Hours (95)" form, as appropriate; and
(2) The form is received in the board office within ten (10) days of the date of the field trip.
Section 12. A student of cosmetology shall be allowed a total of sixteen (16) hours for attending educational programs per 1,800 hours, not to exceed eight (8) hours per day, if:
(1) Reported to the board office on "Certification of Cosmetology Field Trip * Hours" form, or "Certification of Cosmetology Student Education Show * Hours" form, as appropriate; and
(2) The form is received in the board office within ten (10) days of the date of the educational show.
Section 13. A copy of the Kentucky State Board of Hairdressers and Cosmetologists' statutes and administrative regulations shall be made available to all students.
Section 14. Nail technician curriculum shall include the following:
(1) Science and theory; 200 hours.
(a)1. Equipment;
2. Sterilization;
3. Sanitation;
4. Chemistry and types of artificial nails;
5. Public and personal hygiene safety measures; and
6. Statutes and administrative regulations governing cosmetology and nail technology.
(b) Nail condition and manicure techniques.
(c) Hand and arm massage.
(d) Science pertaining to areas of hands and arms.
(e)1. Personality;
2. Grooming;
3. Salon management;
4. Professional ethics; and
5. Cosmetic theory laws.
(f) Nails:
1. Structure and composition;
2. Growth and regeneration; and
3. Irregularities.
(2) Clinical; 400 hours.
(a) Oil and plain manicure.
(b) Nail polish changes;
1. Nail polish changes;
2. Moons;
3. Half-moons; and
4. Tips.
(c) Hand and arm massage.
(d) Safety measures.
(e) Care of equipment.
(f) Removal of stains.
(g) Repair work including wraps and tips.
(h) Buffing.
(i) Application of lacquer.
(j) Application of artificial nails.
Section 15. The course of study and curriculum for an apprentice instructor shall include as a minimum, for a total of 1,000 hours, the following:
(1) Orientation, fifteen (15) hours.
(2) Psychology of student training, fifty (50) hours.
(3) Introduction to teaching, thirty (30) hours.
(4) Good grooming and personality development, fifty (50) hours.
(5) Course outlining and development, forty (40) hours.
(6) Lesson planning, forty-five (45) hours.
(7) Teaching techniques (methods), eighty (80) hours.
(8) Teaching aids, audio-visual techniques, eighty (80) hours.
(9) Demonstration techniques, fifty-five (55) hours.
(10) Examinations and analysis, sixty (60) hours.
(11) Classroom management, forty-five (45) hours.
(12) Recordkeeping, twenty-five (25) hours.
(13) Teaching observation, sixty-five (65) hours.
(14) Teacher assistant, ninety (90) hours.
(15) Pupil teaching (practice teaching), 270 hours.
Section 16. An apprentice instructor shall be under the immediate supervision and instruction of a licensed instructor during the school day. An apprentice instructor shall not assume the duties and responsibilities of a licensed supervising instructor.
Section 17. All records of apprentice instructors' hours earned shall be recorded on the "Monthly Attendance Report" form supplied by the board office on or before the tenth day of each month.
Section 18. If the board permits a student to enroll in a school for a special brush-up course in any of the following subjects, the student shall be required to have a course of training of the following number of hours in the course or courses he desires to take:
(1) Permanent waving, and all chemical control, 150 hours.
(2) Nail technology, hand and arm massage, and application of artificial nails, 100 hours.
(3) All iron curls, 100 hours.
(4) Facials, 125 hours.
(5) Hair coloring and bleaching, 150 hours.
(6) Scalp massage, 25 hours.
(7) Hair shaping, trimming, and thinning, 125 hours.
(8) Science, 100 hours.
(9) Hair dressing and styling, 150 hours.
Section 19. Incorporation by Reference. (1) The following material is incorporated by reference:
(a) "Certification Of Cosmetology Field Trip * Hours" (2003);
(b) "Certification Of Cosmetology Student Education Show * Hours" (2003); and
(c) The "Monthly Attendance Report" Form, (2003).
(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at Kentucky State Board of Hairdressers and Cosmetologists, 111 St. James Court, Suite A, Frankfort Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. (2 Ky.R. 182; eff. 11-12-1975; Am. 3 Ky.R. 388; eff. 12-1-76; 7 Ky.R. 483; 640; eff. 2-4-81; 11 Ky.R. 1441; eff. 5-14-85; 16 Ky.R. 1605; eff. 4-12-90; 22 Ky.R. 613; 1452; eff. 1-25-96; 23 Ky.R. 2195; 2969; eff. 3-14-97; 30 Ky.R. 962; 1565; 1910; eff. 2-16-2004.)
201 KAR 12:083. Educational requirements.
RELATES TO: KRS 317A.050, 317A.140, 317B.025(1)(c), (4)(c)
STATUTORY AUTHORITY: KRS 317A.060, 317B.020(3)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 317A.060 and 317B.020 require the board to promulgate administrative regulations governing the operation of schools of cosmetology and esthetics, including the proper education and training of students. This administrative regulation establishes proof of education and other enrollment requirements.
Section 1. (1) Any person enrolling in a school of cosmetology for a cosmetology or nail technician course shall complete a "Student Enrollment Application for Kentucky Cosmetology School" provided by the board.
(2) The applicant shall furnish proof that he or she has completed two (2) years of high school or its equivalent.
(3) The required proof shall be any one (1) of the following:
(a) A transcript of subjects and grades showing the applicant has completed grades nine (9) and ten (10);
(b) G.E.D. test indicating score equivalent to tenth grade high school as determined by the Department of Education; or
(c) High school diploma or G.E.D. certificate.
Section 2. Any person enrolling in a school of cosmetology for the esthetics course shall complete the application for enrollment provided by the board. The applicant shall furnish proof that he or she has completed four (4) years of high school or its equivalent. The required proof shall be any one (1) of the following:
(1) A transcript of subjects and grades showing the applicant has completed 12th grade.
(2) G.E.D. indicating score equivalent to 12th grade high school as determined by the Department of Education.
(3) High school diploma or G.E.D. certificate.
Section 3. (1) The student enrollment application, accompanied by the applicant's proof of education, shall be received by the board no later than ten (10) working days after the student date of enrollment.
(2) A student shall not receive credit hours if the application is not received within the ten (10) day period.
(3) The school shall forward to the board the enrollment application and proof of education so that the board receives the information no later than ten (10) working days after the student date of enrollment.
(4) Failure of the school to timely forward the information to the board may result in suspension or revocation of the school's license or a fine of twenty-five (25) dollars a day for every day the application is late.
Section 4. (1) A person shall not be permitted to enroll in a school of cosmetology for a brush-up course unless:
(a) The applicant holds a current license issued by this board; or
(b) The applicant has obtained special permission from the board.
(2) The applicant shall complete the application for enrollment.
Section 5. Incorporation by Reference. (1) "Student Enrollment Application for Kentucky Cosmetology School" (2003) is incorporated by reference.
(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at Kentucky State Board of Hairdressers and Cosmetologists, 111 St. James Court, Suite A, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. (3 Ky.R. 418; eff. 12-1-1976; Am. 7 Ky.R. 486; 643; eff. 2-4-81; 9 Ky.R. 932; eff. 3-2-83; 16 Ky.R. 1607; eff. 4-12-90; 30 Ky.R. 965; 1567; 1913; eff. 2-16-2004.)
201 KAR 12:085. School advertising.
RELATES TO: KRS 317A.050
STATUTORY AUTHORITY: KRS 317A.050
NECESSITY, FUNCTION, AND CONFORMITY: Schools advertise for student enrollments and services rendered.
Section 1. Schools shall not use deceptive statements and false promises which act as inducements in an effort to get students to enroll in the schools.
Section 2. A school of cosmetology shall display in the reception room, clinic room, or any other area in which the public receives services a sign to read: "School of Cosmetology - Work Done by Students Only." The sign shall be large enough to be read the length of the room in which the sign is posted.
Section 3. A school shall not be permitted to guarantee students' work.
Section 4. Schools shall be forbidden to guarantee future employment to students. (KBHC:Sch:Adver- 1-1; 1 Ky.R. 1399; Am. 2 Ky.R. 144; eff. 8-13-75; 7 Ky.R. 486; eff. 2-4-81; 16 Ky.R. 1608; eff. 4-12-90; 20 Ky.R. 1030; 1781; eff. 1-10-94.)
201 KAR 12:088. Esthetic course of instruction.
RELATES TO: KRS 317B.020(1)(d), 317B.025
STATUTORY AUTHORITY: KRS 317B.020(3)
NECESSITY, FUNCTION AND CONFORMITY: KRS 317B.020 requires the board to promulgate administrative regulations establishing course work and conduct of school owners, instructors, estheticians, esthetic salons, and cosmetology schools conducting classes in esthetic practices; set the requirements for the proper education and training of students; and set the standard for the hours and courses of instruction in esthetic practices. This administration regulation establishes requirements for the hours and courses of instruction for esthetician students.
Section 1. Definition. "Cosmetic resurfacing exfoliating procedures" means the application of cosmetic resurfacing exfoliating substances by licensed practitioners for the purpose of improving the aesthetic appearance of the skin.
Section 2. The regular course of instruction for esthetician students shall consist of the following:
(1) Professional practices.
(a) The esthetics profession.
1. Orientation.
2. History and evolution of skin care.
3. Esthetics vocabulary.
4. Ethics: personal and professional.
5. State law.
(b) Salon procedures.
1. Hygiene and grooming.
2. Responsibilities of an esthetician.
3. Standards and procedures.
4. Salesmanship.
5. Personality development.
6. Customer relations and business developments.
(2) Science, theory and state and federal law relating to the practice.
(a) Life sciences, anatomy and physiology of the skin.
1. Skin function.
2. Biochemistry.
3. Layers of the skin.
(b) Body systems.
1. Skeletal.
2. Muscular.
3. Circulatory.
4. Nervous.
5. Endocrine.
6. Immune.
7. Respiratory.
8. Digestive.
9. Reproductive.
10. Integumentary.
(c) Bones, muscles and nerves of the face and skull.
(d) Chemistry.
1. Elements, compounds and mixtures.
2. Composition and uses of cosmetics for the skin and face.
3. Chemistry of makeup.
4. Chemistry of facial treatments and products.
(e) Bacteriology and sanitation.
1. Microorganisms.
2. Sanitation and sterilization.
3. State and federal requirements.
(f) Disorders and diseases.
1. Dermatological terms.
2. Lesions.
3. Common, contagious and other diseases.
4. Allergens.
5. Autoimmune diseases.
(g) Facials.
1. Products, supplies and set up.
2. Benefits, purpose and function.
3. Procedures including:
a. Skin analysis.
b. Consultation.
c. Deep cleansing.
d. Exfoliation.
e. Extractions, including:
(i) Comodone extractor.
(ii) Light therapy.
(iii) Brushes.
f. Use of steamer and brush.
g. Electrodes.
h. Massage.
i. Masks.
4. Equipment and technological tools.
a. Machines: use and safety.
b. Electricity and light therapy.
c. Microdermabrasion.
5. Body treatments.
a. Sanitation and hygiene.
b. Cleansing, exfoliation, scrubs and wraps.
c. Hydrotherapy.
(h) Pharmacology.
1. Over the counter and prescription drugs.
2. Allergic reactions.
3. State and federal requirements.
(i) Methods of hair removal.
(j) Make up application.
1. Color theory.
2. Facial shapes.
3. Products, tools and equipment.
4. Client consultation.
5. Basic, corrective and camouflage application.
6. Artificial eye lashes.
7. Lash and brow tint.
(k) Advanced skin care.
1. Aging.
2. Reactions to sun.
3. Sensitive skin.
4. Ethnic skin.
5. Exfoliation.
6. Alternative skin care.
(l) Clinical skin care.
1. Plastic and reconstructive surgery under the supervision of a medical doctor.
2. Glycolic peels.
a. Cosmetic resurfacing exfoliating substance and equipment, which includes cosmetic use of the following:
(i) Thirty (30) percent alpha hydroxy acid (AHAs which include glycolic and lactic acids with a pH of three (3.0) or higher).
(ii) Zero percent beta hydroxy acid (BHAs which include salicylic acid with a pH of three (3.0) or higher).
(iii) Trichloroacetic acid (TCA) with levels less than twenty (20) percent.
(iv) Jessner's solutions (14) percent salicylic acid, lactic acid, and two (2) percent resorcinol).
(v) Proteolytic enzymes (papain and bromelain).
b. Equipment and instruments that mechanically administer substances, including:
(i) Brushing machines.
(ii) Polyethylene granular scrubs.
(iii) Loofah or textured sponges.
(iv) Gommage.
(v) Lancets with blades less than 2mm.
(vi) Microdermabrasion instruments, provided the manufacturer has established and substantiated product and equipment safety with the Federal Food and Drug Administration (FDA).
c. Glycolic peels exclude all other chemical and mechanical exfoliation/peeling procedures and substances, including:
(i) Carbolic acid (phenol).
(ii) Products listed above that exceed the stated maximum levels or combinations thereof.
(iii) Lancets when used to penetrate the stratum corneum or remove hair.
(iv) All adulterated chemical exfoliating/peeling substances.
(v) Devices that penetrate beyond the stratum corneum of the epidermis.
d. Cosmetic resurfacing exfoliating procedures.
3. Microdermabrasion.
a. The FDA lists microdermabrasion equipment as Class I devices intended for use by licensed practitioners trained in the appropriate use of such equipment.
b. For purposes of this rule, microdermabrasion equipment is considered a cosmetic resurfacing exfoliating substance only if the equipment is used in a manner that is not intended to remove viable (living) skin below the stratum corneum.
4. Pre- and postoperative procedures.
Section 3. A student of esthetics shall not receive less than 1,000 hours in clinical and theory class work with 350 minimum lecture hours for science and theory; fifty (50) hours of applicable Kentucky statutes and administrative regulations; and 600 minimum clinic and practice hours.
Section 4. A student of esthetics shall have completed 300 hours in clinical and related theory class before working on and providing services to the general public. Clinical practice shall be performed on other students or mannequins.
Section 5. A school of cosmetology shall maintain and teach the following curriculum:
(1) Curriculum for beginning students:
(a) Theory and related theory class, 100 hours.
1. General theory, including applicable Kentucky statutes and administrative regulations and applicable federal requirements.
2. Clinical theory.
3. Scientific lecturing theory.
(b) Clinical and related theory class with clinical practice class on students or mannequins, 200 hours.
1. Skin analysis.
2. Esthetic practices.
3. Diseases and disorders of the skin.
4. Electricity and light therapy.
5. Sanitation and sterilization.
6. Basic facials.
7. Chemistry.
8. Color theory and makeup.
9. Introduction and safety of machines.
10. Procedures for arching by tweezing or waxing.
(2) The curriculum for students with more than 300 hours shall include theory and clinical practice as follows:
(a) Chemical peels - 100 hours.
(b) Esthetic practices - 175 hours.
1. Consultation.
2. Skin analysis.
3. Facial and body treatments.
4. Disorders and diseases of the skin.
5. Electricity and light therapy.
6. Eyebrow arching by tweezing or waxing.
7. Skin care machines - proper use and safety.
8. Techniques of massage.
9. Artificial eyelash application.
10. Lash and brow tinting.
(c) Facial and body procedures with and without machines including disincrustation, ionization, all skin types, acne, body wraps - 125 hours.
(d) Makeup application and artistry including corrective and camouflage - fifty (50) hours.
(e) Removal of excess or unwanted hair by tweezing or waxing - twenty-five (25) hours.
(f) Beautifying or cleansing of the body with preparations, antiseptics, tonics, lotions or creams - twenty-five (25) hours.
(g) Providing preoperative and postoperative skin care under the immediate supervision of a licensed physician - seventy-five (75) hours.
(h) Salon management - twenty-five (25) hours.
Section 6. Time not utilized in theory or clinic work and practice shall be used for study periods and library work to be counted toward the necessary number of hours to be completed as established in Sections 2, 3, and 4 of this administrative regulation. (30 Ky.R. 1139; Am. 1568; 1914; eff. 2-16-2004.)
201 KAR 12:100. Sanitation standards.
RELATES TO: KRS 317A.060, 317B.020(3)
STATUTORY AUTHORITY: KRS 317A.130, 317B.020(3)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 317A.060 and 317B.020(3) authorize the Kentucky State Board of Hairdressers and Cosmetologists to regulate the practice of cosmetology, nail technology and esthetics in Kentucky and establish uniform standards for sanitation. This administrative regulation establishes sanitation standards for all facilities.
Section 1. (1) All establishments, and all furniture, equipment, utensils, floors, walls, ceilings, restrooms and lavatories used in those establishments, shall be kept in a clean and sanitary condition.
(2) Clean towels or linens shall be provided for use of the patrons.
(3) The use in common of towels or linens of any type shall be prohibited.
Section 2. (1) Each student, apprentice cosmetologist, and cosmetologist shall have a sufficient number of combs and brushes at their disposal.
(2) Combs and brushes shall be sterilized after each use.
(3) A comb or brush shall not be used in common on any patron.
(4) Any article dropped on the floor shall be disinfected before being used again.
Section 3. All water supply and waste connections shall be constructed in conformity with the city, county, and state plumbing statutes, administrative regulations and code.
Section 4. A sufficient number of covered waste receptacles shall be provided in every establishment for disposal of trash and other waste.
Section 5. (1) A protective covering shall be placed around the patron's neck so the cape does not come into contact with the skin.
(2) The protective covering shall be discarded after each use.
Section 6. The Cabinet for Health Services Department for Public Health, has approved the following methods of disinfection.
(1) Dry disinfection. The use of Formalin, ultraviolet rays, or any other dry disinfectant approved by the Cabinet for Health Services and EPA are considered acceptable methods of dry disinfection provided labels and manufacturer's directions are followed.
(2) Liquid disinfection.
(a) A ten (10) percent solution of Formalin shall be satisfactory for disinfection of all equipment. Formalin does not attack copper, nickel, zinc, or other metal substances.
(b) A seventy (70) percent solution of alcohol or bleach shall be an effective disinfectant for cleaning equipment.
(c) Any other liquid disinfectant approved by the Cabinet for Health Services shall be acceptable, provided labels and manufacturer's directions are followed.
Section 7. Implements shall be disinfected and sanitized as follows:
(1) Remove all debris, dirt and foreign material;
(2) Wash implement with soap in warm water;
(3) Immerse implement in liquid disinfectant according to manufacturers direction;
(4) Air dry; and
(5) Place implement in dry sanitizer or autoclave.
Section 8. Use of brush rollers shall be prohibited in any establishment licensed by this board.
Section 9. (1) The following grading shall be used for the inspection of any salon or school of cosmetology: 100%-90% = A; 89%-80% = B; 79%-70% = C.
(2) Any standard of less than an "A" rating shall indicate failure to comply with the statutes and administrative regulations of the board. (KBHC:San-1; 1 Ky.R. 1399; Am. 2 Ky.R. 144; eff. 8-13-1975; 5 Ky.R. 806; 970; eff. 6-6-79; 16 Ky.R. 1609; eff. 4-12-90; 20 Ky.R. 1031; 1781; eff. 1-10-94; 30 Ky.R. 1332; 1917; eff. 2-16-2004.)
201 KAR 12:101. Equipment sanitation.
RELATES TO: KRS 317A.130, 317B.020
STATUTORY AUTHORITY: KRS 317A.060, 317B.020
NECESSITY, FUNCTION, AND CONFORMITY: KRS 317A.060 and 317B.020 require the board to promulgate administrative regulations governing the operation of any cosmetology, nail technology and esthetics schools and salons and to protect the health and safety of the public. This administrative regulation establishes sanitation requirements for schools and salons.
Section 1. All implements, tools and equipment shall be cleaned and sterilized before using.
Section 2. Combs or brushes shall not be used on more than one (1) person without first cleaning and sterilizing.
Section 3. Towels, linens, bed and chair coverings shall be changed after each use.
Section 4. All instruments shall be kept in a closed sterilizing container when not in use.
Section 5. All student kits shall contain an approved method of sterilization and shall be kept closed when not in use.
Section 6. All creams, lotions, tonics, shampoos, and other liquids shall be kept covered when not in use.
Section 7. Covered containers shall be supplied for disposal of waste.
Section 8. Floors, walls, furniture, and fixtures shall be kept clean at all times.
Section 9. All bowls and basins shall be kept clean at all times.
Section 10. All glass and other metallic electrodes shall be sterilized between patrons.
Section 11. (1) Treatment of any kind shall not be given to any person manifesting a physical sign of a suspected communicable disease except those excluded by the Americans with Disabilities Act without written clearance by a medical physician licensed by the Kentucky Board of Medical Licensure.
(2) When a beauty salon or cosmetology school has reasonable cause to suspect the possibility of infection or disease transmission from a licensee or student, except those excluded by the Americans with Disabilities Act, it may require any or all of the following measures:
(a) The immediate exclusion of the licensee or student from the beauty salon or cosmetology school; and
(b) A written clearance by a medical physician licensed by the Kentucky Board of Medical Licensure.
Section 12. All creams shall be removed from the container by a disposable spatula or sterile spoon and any unused cream remaining thereon shall not be replaced in the container or used on any other person.
Section 13. Any comb, brush, implement, or other instruments that are dropped on the floor shall be washed, disinfected and placed in a sterilizer.
Section 14. Combs, brushes, tweezers, shears, razors, or other implements shall not be kept in the pockets of the students or licensees.
Section 15. Towels shall not be used more than once without being laundered. Towels intended for use on patrons shall not be dried on lines, radiators, or steam pipes used towels shall not be dipped into a receptacle containing hot water and used on patrons.
Section 16. Each licensed place of business shall provide an appropriate space in which to keep all linens sanitized. (3 Ky.R. 418; eff. 12-1-76; Am. 11 Ky.R. 1443; eff. 5-14-85; 16 Ky.R. 1610; eff. 4-12-90; 30 Ky.R. 966; 1918; eff. 2-16-2004.)
201 KAR 12:105. School districts.
RELATES TO: KRS 317A.060(1)(a)
STATUTORY AUTHORITY: KRS 317A.030(1), 317A.060(1)(a)
NECESSITY, FUNCTION, AND CONFORMITY: The six (6) Congressional Districts provide an equal division for the location of beauty schools. The number of eight (8) per Congressional District would allow all districts to have an equal number of schools.
Section 1. To protect the public and implement the provisions of KRS Chapter 317A, the state is hereby divided into six (6) districts the same as the United States Congressional Districts and shall change when the Congressional Districts are properly changed. At all times these districts shall remain in conformity with these Congressional Districts.
(1) District 1. Fulton, Hickman, Carlisle, Ballard, McCracken, Graves, Marshall, Calloway, Livingston, Crittenden, Lyon, Trigg, Caldwell, Union, Webster, Hopkins, Christian, Henderson, McLean, Muhlenberg, Todd, Logan, Butler, Ohio, Cumberland, Simpson, Allen, Monroe, Russell, Clinton, and Adair County excluding that precinct in District 2.
(2) District 2. Daviess, Warren, Barren, Edmonson, Hart, Grayson, Hancock, Breckinridge, Meade, Hardin, Larue, Marion, Washington, Nelson, Bullitt, Spencer, Green, Metcalf, Taylor, Casey, Adair County excluding those precincts in District 1, Lincoln County excluding those precincts in District 6, and Jefferson County excluding District 3.
(3) District 3. Louisville and Jefferson County precincts presently constituting United States Third Congressional District of Kentucky.
(4) District 4. Oldham, Trimble, Carroll, Gallatin, Boone, Kenton, Campbell, Grant, Henry, Owen, Pendleton, Shelby, Bracken, Robertson, Mason, Fleming, Lewis, Rowan, Greenup, Carter, Elliott, Boyd, Lawrence County excluding those precincts in District 5, and Nicholas County excluding those precincts in District 6.
(5) District 5. Pulaski, Wayne, Rockcastle, McCreary, Lee, Jackson, Laurel, Whitley, Owsley, Clay, Knox, Bell, Leslie, Harlan, Menifee, Morgan, Johnson, Wolfe, Magoffin, Floyd, Pike, Breathitt, Knott, Letcher, Perry, Marion, and Lawrence County excluding those precincts in District 4.
(6) District 6. Franklin, Scott, Woodford, Mercer, Boyle, Harrison, Bourbon, Fayette, Clark, Anderson, Madison, Montgomery, Nicholas County excluding those precincts in District 4, Garrard, Jessamine, Powell, Estill, Bath, and Lincoln County excluding those precincts in District 2.
Section 2. For the protection of the public good and welfare, for the public's protection against misrepresentation, deceit or fraud in the teaching of beauty culture, a new license for a school of cosmetology shall not be issued which would cause any district, as defined in Section 1 of this administrative regulation, to have more than eight (8) schools of cosmetology.
Section 3. (1) Schools of cosmetology presently existing and licensed or hereafter licensed, shall not be permitted to move or transfer from one district to another district, as defined in Section 1 of this administrative regulation, without application being made to and approval received from the board.
(2) Schools of cosmetology presently existing and licensed, or hereafter licensed, shall not be permitted to move or transfer from one district to another district, as defined in Section 1 of this administrative regulation, if the move or transfer would cause the district to have more than eight (8) schools of cosmetology as provided in Section 2 of this administrative regulation.
Section 4. Sections 1 through 3 of this administrative regulation shall not be construed to prevent the issuance or the reissuance of a license to an existing beauty school.
Section 5. This administrative regulation controls the location of private schools only. (KBHC:Sch:Dist-1; 2 Ky.R. 73; eff. 9-10-75; Am. 12 Ky.R. 671; eff. 1-3-86; 19 Ky.R. 1825; eff. 3-12-93.)
201 KAR 12:110. School license.
RELATES TO: KRS 317A.060, 317A.090
STATUTORY AUTHORITY: KRS 317A.050, 317A.060
NECESSITY, FUNCTION, AND CONFORMITY: Each school owner shall submit an application to operate a school of cosmetology, furnish proof of financial responsibility, and meet all city, county, and state zoning, building, and plumbing codes.
Section 1. Each person, firm or corporation applying for a license to operate a school of cosmetology shall submit an application provided by the board.
Section 2. Each individual owner, or one (1) partner, in the instance of a partnership, or one (1) corporate officer in the instance of a corporation, shall submit a financial statement indicating financial assets in the amount of $10,000 for twenty (20) students enrolled and $1,000 for each additional student enrolled.
Section 3. A person having any interest in operating a school shall submit a minimum of two (2) character references, proposed copy of student contract indicating all financial charges to enrolling students, and term of lease for location, if applicable.
Section 4. Application for license to operate a school of cosmetology shall be accompanied by an architect's or draftsman's plan of proposed premises drawn to scale, showing the arrangements of the classroom, clinic area, mannequin area, dispensary, reception area, shampoo area, office and any other area of the school, entrance and exits, and placement of equipment.
Section 5. A license to operate a cosmetology school carries the approval of this board and shall be valid only for the location and person, firm, or corporation named on application and license issued by the board. A school of cosmetology license shall not be transferable from one location to another or from one person, firm or corporation to another.
Section 6. The owners, firm or corporation operating a school of cosmetology shall notify the board in writing twenty (20) days prior to selling, transferring, or changing of ownership and management of a school. Prospective ownership shall meet all qualifications of owning a school and have the approval of the board.
Section 7. Following approval of the application to operate a school of cosmetology by the board, the site shall be inspected by a quorum of the board or by at least one (1) member of the board and the board administrator. A final inspection of the premises shall be conducted by the members of the board prior to issuing of license. All schools shall comply with city, county, and state zoning laws, plumbing and building codes. The construction or renovation of the proposed school shall be completed and a final inspection conducted by the board within twelve (12) months from the date of approval of the site. Any extension of this period of time shall be granted for good cause shown provided the request is presented, in writing, to the board.
Section 8. Any cosmetology school owner, manager, or instructor who misrepresents facts to the board, to the students, or to the general public concerning any information regarding the school or any student enrolled in the school, or in any way violates administrative regulations adopted by this board, may be served notice to show cause before this board, why the school's license and the instructor's license should not be revoked.
Section 9. Any person, establishment, firm or corporation which accepts, directly or indirectly, compensation for teaching persons any branch or subjects of cosmetology as defined in KRS 317A.010 shall be classified as a school and shall be required to comply with all the provisions of law and the rules and administrative regulations of this board.
Section 10. The board shall not license a correspondence school, nor shall the board license any school of cosmetology in an establishment that teaches any other trade, profession or business, excluding vocational training schools.
Section 11. A person who is an owner, partner, stockholder, corporate officer or who has any financial or other interest in the management and control of the school, shall not be enrolled in the school as a student.
Section 12. A school of cosmetology shall not permit or require students to be in attendance at school more than forty (40) hours in any one (1) week.
Section 13. Any school of cosmetology desiring night classes may, by proper application, be granted permission from the board to operate the classes. Under no condition shall the school operate past 10 p.m. local time.
Section 14. (1) It shall be considered a conflict of interest and therefore impermissible for a member of the board or for an employee of the board to apply for a new school license or to apply for any existing school license under KRS 317A.090 and this administrative regulation. If any member of the board or any employee of the board desires to apply for a new school license or for any existing school license, the board member or employee of the board shall submit a letter of resignation to the board no later than thirty (30) days prior to submitting an application for a school license.
(2) The board may choose not to consider any application for a school license submitted by a relative of a member of the board, by a relative of a board employee or by any person with whom a member of the board or a board employee shares a significant financial interest. Failure to make full disclosure to the board as to the exact nature of the relationship between the board member or employee of the board and the applicant may result in denial of approval of licensure.
(3) The provisions of this section shall apply only to applications for licenses approved or filed, licenses issued, or actions of a person serving as a member of the board or as a board employee after June 10, 1986. (KBHC:Sch:Fac. 2-1; 2 Ky.R. 74; eff. 9-10-75; Am. 12 Ky.R. 672; eff. 1-3-86; 12 Ky.R. 1455; eff. 3-6-87; 20 Ky.R. 1032; 1782; eff. 1-10-94.)
201 KAR 12:120. School faculty.
RELATES TO: KRS 317A.020(5), 317A.060(1), 317A.090, 317B.025(4)
STATUTORY AUTHORITY: KRS 317A.060(1), 317B.020
NECESSITY, FUNCTION, AND CONFORMITY: KRS 317A.060 and 317B.020 authorize the board to promulgate administrative regulations relating to the activities and responsibilities of instructors and apprentice instructors. This administrative regulation establishes the standards that shall be met by instructors and apprentice instructors.
Section 1. Any person employed by a school for the purpose of managing, teaching and instruction, shall be licensed as a cosmetologist instructor or esthetic instructor. Each licensed instructor or apprentice instructor shall keep a personal photograph posted with his or her license.
Section 2. All students shall be under the immediate supervision of a licensed instructor during all classes and study hours and practical student work.
Section 3. A licensed cosmetologist, nail technician or esthetician shall not render services in a school. Instructors and apprentice instructors shall render services only incidental to and for the purpose of instruction.
Section 4. Every instructor and apprentice instructor employed in a school of cosmetology shall devote their entire time during the school hours to that of instructing the students and shall not apply his or her time to that of private or public practice for compensation during school hours or permit students to instruct or teach other students in the absence of a teacher.
Section 5. Teaching by demonstrators shall be prohibited, except that properly qualified licensed individuals may demonstrate to the students new processes, new preparations, and new appliances in the presence of licensed instructors. A demonstration may only take place in a licensed school. Schools shall not permit more than one (1) demonstration in any calendar month.
Section 6. All services rendered in a school on patrons shall be done by students only. Instructors shall be allowed to teach and aid the students in performing the various services.
Section 7. Instructors and apprentice instructors in attendance shall, at all times, wear a clean, washable uniform, and an insignia or badge indicating they are an instructor or apprentice instructor in the school.
Section 8. Each school of cosmetology shall, within five (5) days after the termination, employment or other change in faculty personnel, notify the board of that change.
Section 9. Schools enrolling an apprentice instructor shall maintain the following ratio: one (1) apprentice instructor to one (1) instructor.
Section 10. The following minimum faculty to student ratio shall be maintained at all times:
(a) One (1) instructor for every twenty (20) cosmetology students enrolled, which includes nail technician students; and
(b) One (1) instructor for every twenty (20) esthetician students enrolled. (KBHC:Sch.Lic.: 1-2; 2 Ky.R. 74; eff. 9-10-1975; Am. 5 Ky.R. 546; 801; eff. 4-4-79; 12 Ky.R. 1731; eff. 6-10-86; 13 Ky.R. 237; eff. 9-4-86; 16 Ky.R. 1955; eff. 5-13-90; 20 Ky.R. 1033; 1783; eff. 1-10-94; 30 Ky.R. 969; 1571; 1919; 2-16-2004.)
201 KAR 12:125. Schools' student administrative regulations.
RELATES TO: KRS 317A.090, 317B.020(3)(b), (c), (d), (f), (g), (i)
STATUTORY AUTHORITY: KRS 317A.060, 317B.020(2)(b), (c), (d), (f), (g), (i)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 317A.090 and 317B.020 authorize the board to protect the health and safety of the public and to protect the general public and students enrolled in schools of cosmetology against misrepresentation, deceit, or fraud while seeking services or while enrolled. This administrative regulation establishes requirements for students and requirements for schools regarding students.
Section 1. A student enrolled in a school of cosmetology shall not be permitted to receive a salary or commission from the school while enrolled as a student in the school.
Section 2. A student shall not be permitted to smoke while providing services to patrons.
Section 3. A student shall not be allowed to remain in the school to work on patrons upon completion of the required hours for the appropriate course of enrollment.
Section 4. After graduation from school, a student shall not be allowed to return to that school or any other school for further practice or work in the pay departments without permission of the board.
Section 5. A school shall, at all times, display in a centralized conspicuous place the enrollment permits of all students enrolled.
Section 6. A school shall require a student to wear some kind of insignia, badge, cap, or marking on his or her uniforms to indicate that he or she is a student in the school.
Section 7. A school shall require students to wear a clean washable uniform, coat, or smock while on school premises.
Section 8. A student shall be on time for all class studies and work.
Section 9. A student shall not be permitted to leave during school hours without special permission from the manager.
Section 10. A student shall not be permitted to leave a class during a lecture or demonstration without permission from the instructor.
Section 11. A student shall not be permitted to operate any equipment in which there is a known operating hazard.
Section 12. All student kits containing all equipment, tools, and implements shall remain on school premises until completion of the course of enrollment or the student's withdrawal from the school.
Section 13. A student desiring to change from one (1) school to another shall notify the school in which the student is presently enrolled of the student's withdrawal and shall complete an application for enrollment when entering another school.
Section 14. A student shall be required to comply with the rules of his or her school, as long as those rules do not conflict with KRS Chapter 317A or the administrative regulations of the board.
Section 15. An owner of a school shall include the school's refund policy in school-student contracts.
Section 16. Each student in a school shall be permitted to file a complaint with this board concerning the school in which the student is enrolled, provided the information is clearly and concisely given and the complaint shall at all times be signed by the complainant.
Section 17. Student Dismissal and Appeals. (1) A school may dismiss a student for law violations, rule violations, insubordination, or for any reason for which the board could deny, refuse to renew or revoke a license if the student was licensed pursuant to KRS Chapter 317A.
(2) A school may dismiss a student for a violation of any of KRS Chapter 317A or for the violation of any administrative regulation adopted by the board or for violation of any school rule not in conflict with KRS Chapter 317A or the administrative regulations.
(3) Any student aggrieved by dismissal from a school may appeal to the board by writing the board and requesting that an appeal be granted, but the appeal shall be taken within ten (10) days after the date of dismissal and the appeal shall be docketed by the board for a hearing within thirty (30) days after the appeal request is received. The hearing day shall be set for as early a day as possible. The hearing and production of evidence shall be in conformity with that provided for board hearings in KRS Chapters 317A and 317B.
(a) Upon hearing the appeal, the board shall determine: whether the school acted within the scope of its power; and whether or not there is sufficient evidence to support the order of dismissal appeal from the school.
(b) After the hearing the board shall enter an order sustaining or setting aside the school's order of dismissal. If the order of dismissal is overruled and set aside by the board, then the school shall reinstate the student.
Section 18. Within ten (10) working days from a student's withdrawal, a cosmetology school shall report the name of the withdrawing student and send the permit card and a notarized certification of the total number of hours that the withdrawing student has acquired in the cosmetology school to the board's office.
Section 19. In the event that the school after receiving request for the information outlined in Section 18 of this administrative regulation does not forward that information to the board within ten (10) days after receiving requests, a verified affidavit from the student as to the number of hours received may be accepted by the board and entered on their records as the appropriate number of hours earned.
Section 20.(1) A training period for students shall be as follows: eight (8) hours per day, forty (40) hours per week (maximum).
(2) A student of cosmetology shall have a minimum of 225 days of school attendance under instruction.
(3) A student of nail technology shall have a minimum of seventy-five (75) days of school attendance under instruction.
(4) A student of esthetics shall have a minimum of 125 days of school attendance under instruction.
Section 21. A student shall be allowed thirty (30) minutes toward the middle of any eight (8) hour day for eating or taking a rest break. A student shall not be given credit for the one-half (1/2) hour break toward meeting the 1,800 hour requirement.
Section 22. An informational copy of the statutes and administrative regulations of the Kentucky Board of Hairdressers and Cosmetologists shall be provided to each student enrolled in a school of cosmetology. Copies may be obtained from the board's office.
Section 23. A student shall not be in attendance in a school of cosmetology more than eight (8) hours in one (1) day and no more than five (5) days in one (1) week.
Section 24. A person completing hours in a school of cosmetology within a period of five (5) years from date of enrollment shall be given credit by the board for hours completed. Any extension of this period of time may be granted at the discretion of the board. (3 Ky.R. 419; eff. 12-1-1976; Am. 5 Ky.R. 547; eff. 3-7-79; 10 Ky.R. 776; eff. 1-4-84; 11 Ky.R. 1619; eff. 6-4-85; 16 Ky.R. 2255; eff. 6-10-90; 20 Ky.R. 1034; 1783; eff. 1-10-94; 30 Ky.R. 970; 1920; eff. 2-16-2004.)
201 KAR 12:130. School fees for services.
RELATES TO: KRS 317A.060
STATUTORY AUTHORITY: KRS 317A.050
NECESSITY, FUNCTION, AND CONFORMITY: Schools are considered establishments of teaching and learning and shall not operate as a beauty salon or charge the public or students enrolled additional fees.
Section 1. Each school of cosmetology shall submit a price list for services rendered and subsequent revisions of price changes to the office of the board. Said price list shall remain on file in the office of the board.
Section 2. A copy of such prices shall be posted on a card in each room of the school where work is done on the public. Price list shall be printed in type large enough to be read at a distance of ten (10) feet.
Section 3. Schools shall not be permitted to charge students additional fees for demonstrations, nor shall any supply house or manufacturer be permitted to charge students fees for such demonstrations. (KBHC:Sch.Fees 1-1; 2 Ky.R. 75, eff. 9-10-75; Am. 5 Ky.R. 1076, eff. 8-1-79; 7 Ky.R. 487, eff. 2-4-81; 16 Ky.R. 1957; eff. 5-13-90.)
201 KAR 12:140. School equipment.
RELATES TO: KRS 317A.050(7)(a), 317A.060(1)(b), 317B.020(3)(e), 317B.025(6),
STATUTORY AUTHORITY: KRS 317A.060, 317A.090, 317B.020(3)(e)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 317A.050(7)(a) and 317B.025(6) require cosmetology and esthetics schools to meet the requirements established in administrative regulations relating to equipment, supplies, and facilities. This administrative regulation establishes the requirements for equipment, supplies, and space for instruction that are necessary for cosmetology and esthetics schools.
Section 1. (1) A licensed school of cosmetology shall have the following equipment:
(a) Shampoo bowls;
(b) Facial chairs;
(c) Dryers;
(d) Manicure tables;
(e) Styling chairs;
(f) Curling irons;
(g) Facial supplies;
(h) Covered containers for:
1. Hairpins;
2. Clips; and
3. Rollers;
(i) Mannequins for use in practicing:
1. Iron curling;
2. Finger waving; and
3. Other related subjects; and
(j) Necessary supplies including:
1. Shampoos;
2. Color preparations;
3. Permanent waves;
4. Cosmetics; and
5. Manicuring equipment.
(2) All equipment and supplies shall be available for student use and practice.
(3) A licensed school offering an esthetics course shall meet the requirements of 201 KAR 12:115.
Section 2. A school shall be located as to be entirely separated and shall not have a connection with any beauty salon or barber shop, or any other place of business.
Section 3. A school shall not be approved and shall not operate if it:
(1) Has space of less than thirty-six (36) square feet in the clinical area for each student involved on the floor of the clinical area at any one (1) time;
(2) Has a space less than eighteen (18) square feet in the mannequin area for each student involved on the floor of the mannequin area at any one (1) time; and
(3) Does not have a reasonable amount of area allotted for training of students in all areas other than those previously mentioned.
Section 4. All schools licensed by this board shall have a separate room to be used for demonstration and study. This room shall have necessary charts and equipment to carry out the curriculum. This room shall also contain a blackboard, charts relating to the curriculum, classroom chairs with armrests, or desks for students' use.
Section 5. Every school shall maintain a separate lavatory and toilet for male and female students.
Section 6. Lockers shall be provided by the schools for student use.
Section 7. Booths or partitions in the work department shall be sufficiently low to permit observation of students while they are working.
Section 8. Every school shall have a reference library composed of the books recommended and set forth in the administrative regulations as well as any other literature and materials pertinent to the teaching and study of cosmetology, including the informational copy of the Kentucky State Board of Hairdressers and Cosmetologists statutes and administrative regulations.
Section 9. (1) Each school of cosmetology shall furnish a supply or dispensing room in which each student shall obtain actual experience for a period of time as indicated by the course of instruction.
(2) The supply room shall contain the following:
(a) A supply of clean towels or linens;
(b) A lavatory, or sink;
(c) Bottles and containers distinctly and correctly labeled;
(d) A large wet sterilizer;
(e) A large dry sterilizer;
(f) Soap;
(g) Covered waste containers;
(h) Closed storage space for supply of clean towels or linens;
(i) Covered containers for used towels or linens;
(j) A stove;
(k) Pressing combs;
(l) Irons; and
(m) All other solutions, and preparations used. (KBHC:Sch. Equip. 1-1; 2 Ky.R. 75; eff. 9-10-1975; Am. 16 Ky.R. 1958; eff. 5-13-90; 30 Ky.R. 971; 1921; eff. 2-16-2004.)
201 KAR 12:150. School records.
RELATES TO: KRS 317A.060(1)
STATUTORY AUTHORITY: KRS 317A.060
NECESSITY, FUNCTION, AND CONFORMITY: KRS 317A.060 authorizes the board to promulgate administrative regulations to set standards for the operation of schools and to protect the students. This administrative regulation establishes the requirements relating to the records kept, the retention requirements, and the information that is to be forwarded to the board.
Section 1. A daily record of the attendance of the enrollment, including full-time, and part-time students and apprentice instructors shall be kept by the schools and shall be available to the employees of the state board or to the members of the state board at all times.
Section 2. A school shall keep daily records, approved and signed by the instructor, showing practical work and work performed on clinic patrons. Those records shall be available to the employees of the state board or to the members of the state board at all times.
Section 3. A detailed record shall be kept of all enrollments, withdrawals and dismissals.
Section 4. All records shall be kept in a lockable fireproof file on the premises of the school and shall be available for inspection by the state board or its employees during hours of operation.
Section 5. The student permit and certification of hours completed shall be forwarded to the office of the board within ten (10) working days of the date of the students' withdrawal, dismissal, completion, or closure of the cosmetology school.
Section 6. A cosmetology school shall be held fully responsible for the completeness, accuracy, and mailing or delivery to the state board office no later than the 10th of each month on forms that are incorporated by reference in 201 KAR 12:082 showing the total hours obtained for the previous month and the total accumulated hours to date for students enrolled. Only the hours recorded shall be submitted each month and that report shall not be amended without satisfactory proof of error.
Section 7. A copy of the students' hours, provided to the office of the board, shall be posted monthly on a bulletin board in the school to be available to the students and employees or agents of the board. (KBHC L:Sch:Rec. 1-1; 2 Ky.R. 76; eff. 9-10-75; Am. 11 Ky.R. 1444; eff. 5-14-85; 1791; eff. 7-9-85; 16 Ky.R. 1959; eff. 5-13-90; 30 Ky.R. 972; 1922; eff. 2-16-2004.)
201 KAR 12:175. Fines in lieu of suspension.
RELATES TO: KRS 317A.140
STATUTORY AUTHORITY: KRS 317A.140
NECESSITY, FUNCTION, AND CONFORMITY: KRS 317A.140 provides for the licensee an alternative, subject to approval of the board, to pay in lieu of part or all of the days of suspension of a license a payment of not less than twenty-five (25) dollars per day and not to exceed $500 total. The board shall set the amounts of such payments by administrative regulation.
Section 1. After a hearing before the board, the licensee may pay in lieu of part or all of the days of any suspension period, as determined by the board, a payment of twenty-five (25) dollars or more per day. Payments in lieu of suspension shall not exceed $500. This administrative regulation shall apply to any violation of a statute or administrative regulation of the board. (14 Ky.R. 1994; eff. 5-9-88.)
201 KAR 12:180. Hearing procedures.
RELATES TO: KRS 317A.070, 317A.140, 317A.145
STATUTORY AUTHORITY: KRS 317A.070
NECESSITY, FUNCTION, AND CONFORMITY: KRS 317A.140 provides for the revocation or suspension of licenses by the board. This administrative regulation sets forth procedural guidelines for hearings before the board.
Section 1. The board may refuse to issue or renew a license or may revoke or suspend such licenses as are issued based upon the grounds set forth in KRS 317A.140.
Section 2. When the board has grounds to refuse to issue or renew or revoke or suspend a license, the board shall give the licensee or applicant twenty (20) days written notice of the board's intent to deny, suspend, or revoke the license prior to taking any final action. The notice shall inform the licensee or applicant of the grounds upon which the denial, suspension, or revocation is based and the licensee's right to request a hearing before the board. The notice shall also inform the licensee or applicant of the date, time and place of the hearing in the event that a hearing is requested, the right to be represented by counsel, the right to present witnesses on his behalf and the right to cross-examine any witnesses who may appear against him.
Section 3. Within ten (10) days of receipt of the board's notice, the licensee shall notify the board in writing if a hearing is requested. If the licensee does not request a hearing, in writing, within ten (10) days, the board may take final action on denial, suspension, or revocation of the license.
Section 4. The chairman of the board or the designated hearing officer shall preside over all hearings and shall have the authority to rule on all motions and objections, to establish the hearing procedures, and to admit or exclude testimony or other evidence.
Section 5. The rules of civil procedure and the strict rules of evidence shall not apply to hearings before the board. Unless varied by the presiding chairman or designated hearing officer, the order of proof shall be:
(1) Evidence and witnesses testifying on behalf of the board as to violations and grounds for denial, suspension, or revocation;
(2) Evidence and witnesses testifying on behalf of the licensee or applicant;
(3) Rebuttal evidence and witnesses on behalf of the board;
(4) Closing statement or argument by the licensee or applicant; and
(5) Closing statement or argument by the board.
Section 6. After the conclusion of the hearing and the board's consideration of the evidence, the board or the designated hearing officer shall prepare findings of fact, conclusions of law and order. The findings of fact, conclusions of law and order shall be reviewed by the board for final approval at the next regularly scheduled meeting of the board or as soon thereafter as possible. Following the board's final approval of the findings of fact, conclusions of law and order, the licensee shall be notified of the board's decision. (14 Ky.R. 1994; eff. 5-9-88.)
201 KAR 12:190. Investigations and complaints.
RELATES TO: KRS 317A.140, 317A.145
STATUTORY AUTHORITY: KRS 317A.145
NECESSITY, FUNCTION, AND CONFORMITY: KRS 317A.060, 317A.145. The board shall receive and investigate complaints relating to licensee's business or professional practices and illegal practices.
Section 1. The board or other board personnel shall receive all complaints against any person licensed under the provisions of KRS Chapter 317A relating to the licensee's business or professional practices.
Section 2. The board shall make available to the public a complaint form which may be used by any person filing a complaint against any licensee.
Section 3. "Complaint" shall be defined as any writing received by the board which contains the name of the complainant and alleges violations of any board statute or administrative regulation or other wrongdoing by any licensee relating to the licensee's business or professional practices.
Section 4. A log or record shall be maintained and shall be made available for public inspection, containing at least the following information concerning complaints received by the board:
(1) Licensee's name;
(2) Complainant's name;
(3) Date complaint was received by the board;
(4) Brief statement of the complaint; and
(5) Ultimate disposition of the complaint by the board.
Section 5. All complaints received by the board concerning any person licensed under the provisions of KRS Chapter 317A relating to the licensee's business or professional practices shall be investigated.
Section 6. The board may, at any time, on their own volition or on the basis of information available, conduct an investigation or inspection and file a complaint against any person licensed under the provisions of KRS Chapter 317A.
Section 7. Any complaint, as defined in Section 3 of this administrative regulation, that is filed with the board, which alleges that a licensee has violated a statutory provision of KRS Chapter 317A or an administrative regulation of the board, shall be sent to the licensee before the complaint is placed on the board agenda. The licensee shall be provided at least ten (10) days after the complaint is mailed to file a written response to the complaint.
Section 8. The complaint and the response, if any is received, shall be placed on the board agenda for consideration at the next board meeting, or as soon thereafter as is practicable, following receipt of the written response or the expiration of the ten (10) days provided for a response, whichever occurs first.
Section 9. The board members shall review the complaint and any response received and shall take such action as it deems