HB 885

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1AN ACT relating to cosmetology.
2 Be it enacted by the General Assembly of the Commonwealth of Kentucky:
3SECTION 1. A NEW SECTION OF KRS CHAPTER 317A IS CREATED TO
4 READ AS FOLLOWS:
5 (1)     A licensee shall not perform any service that goes beyond the stratum
6germinativum layer, also known as the basal layer of the epidermis, unless
7practicing under the direct supervision of:
8(a)     A licensed physician; or
9(b)     An advanced practice registered nurse as defined in KRS 314.011.
10 (2)     A licensee shall not perform any service regulated by another state board or
11agency without the appropriate licensing for that service. For the purpose of this
12subsection, "service" includes but is not limited to:
13(a)     Permanent makeup;
14(b)     Microblading; and
15(c)     Piercing.
16Section 2. KRS 317A.010 is amended to read as follows:
17 As used in this chapter, unless the context requires otherwise:
18 (1)     "Beauty salon" means any establishment, fixed or mobile, in which the practice of
19cosmetology is conducted for the general public or for consideration;
20 (2)     "Board" means the Kentucky Board of Cosmetology;
21 (3)     "Cosmetologist" means a person who engages in the practice of cosmetology for the
22public generally or for consideration, regardless of the name under which the
23practice is conducted;
24 (4)     "Cosmetology" means the practice of:
25(a)     Hair styling;
26(b)     Esthetics; and
27(c)     Nail technology.
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1The practice of cosmetology does not include acts performed incident to treatment
2of an illness or a disease;
3 (5)     "Cosmetology school" or "school of cosmetology" means any operation, place, or
4establishment in or through which persons are trained or taught the practice of
5cosmetology, esthetic practices, and nail technology;
6 (6)     "Esthetician" means a person who is licensed by the board to engage in esthetic
7practices in the Commonwealth of Kentucky;
8 (7)     "Esthetic practices" means one (1) or more of the following acts:
9(a)     Beautifying, cleansing, cosmetic preparations, exfoliating, facials, makeup,
10removal of superfluous hair, stimulation, tinting, tweezing, or waxing;
11(b)     Eyelash tinting, artificial eyelashes, or eyelash extensions;
12(c)     Use of lotions, creams, oils, antiseptics, or depilatories;
13(d)     Massaging the skin; and
14(e)     Providing preoperative and postoperative esthetic skin care, either referred by
15or supervised by a medical professional, unless these acts are performed
16incident to:
171.      Treatment of an illness or a disease;
182.      Work as a student in a board-approved school; or
193.      Work performed by a licensed massage therapist;
20 (8)     "Esthetic practices school" or "school of esthetic practices" means any operation,
21place, or establishment in or through which persons are trained in esthetic practices;
22 (9)     "Esthetic salon" means any establishment, fixed or mobile[a place] where an
23esthetician performs esthetic practices;
24 (10) "Eyelash artistry" means the process of attaching semipermanent lashes or eyelash
25extensions to natural eyelashes;
26 (11) "Fixed salon" means a licensed, stationary, physical establishment where a
27person licensed under this chapter practices cosmetology or any other service
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1licensed or permitted under this chapter;
2 (12) "Hair styling" means the practice of:
3(a)     Arranging, beautifying, bleaching, cleansing, coloring, curling, cutting,
4dressing, manipulating, permanent waving, singeing, tinting, or trimming of
5natural or artificial hair;
6(b)     Use of lotions, creams, and antiseptics; and
7(c)     Massaging and stimulation of the scalp;
8 (13)[(12)] "Instructor" means any individual licensed to teach cosmetology, esthetics, or
9nail technology who holds a corresponding license in cosmetology, esthetics
10practice, or nail technology;
11 (14)[(13)] "Limited facility[beauty salon]" means any establishment in which the
12practice of shampoo and style services, makeup artistry, eyelash artistry,[ or]
13threading, or any other service licensed or permitted under this chapter is[ are]
14conducted for the general public or for consideration;
15 (15)[(14)] "Limited stylist" means an individual licensed to perform shampoo and style
16services;
17 (16)[(15)] (a)  "Makeup artistry" means applying cosmetic products to the face and
18body.
19(b)     "Makeup artistry" includes:
201.      Corrective and camouflage techniques; and
212.      Airbrushing.
22(c)     "Makeup artistry" does not include:
231.      Face painting at carnivals or fairs; or
242.      Application of cosmetics when not done for consideration;
25 (17) "Mobile salon":
26(a)     Means a licensed structure that moves on wheels where a person licensed
27under this chapter practices cosmetology or any other service licensed or
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1permitted under this chapter; and
2(b)     Does not mean a licensed individual performing services at different
3locations that are not licensed by this chapter;
4 (18)[(16)] "Nail salon" means any establishment, fixed or mobile, in which the practice
5of nail technology only is conducted for the general public or for consideration;
6 (19)[(17)] "Nail technician" means a person who practices nail technology, including
7manicuring and pedicuring real and artificial nails for the purpose of beautifying,
8for the general public or for consideration. Manicuring and pedicuring real and
9artificial nails for the purpose of beautifying includes:
10(a)     Cleaning;
11(b)     Trimming;
12(c)     Cutting;
13(d)     Shaping;
14(e)     Sculpting;
15(f)     Polishing; and
16(g)     Massaging the hands and feet of any human, for which a license is required by
17this chapter;
18 (20)[(18)] "Nail technology school" or "school of nail technology" means any operation,
19place, or establishment in or through which persons are trained in nail technology;
20 (21)[(19)] (a)  "Natural hair braiding" means a service of twisting, wrapping, weaving,
21extending, locking, or braiding hair by hand or with mechanical devices.
22Natural hair braiding is commonly known as "African-style hair braiding" but
23is not limited to any particular cultural, ethnic, racial, or religious forms of
24hair styles.
25(b)     "Natural hair braiding" includes:
261.      The use of natural or synthetic hair extensions, natural or synthetic hair
27and fibers, decorative beads, and other hair accessories;
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12.      Minor trimming of natural hair or hair extensions incidental to twisting,
2wrapping, weaving, extending, locking, or braiding hair;
33.      The use of topical agents such as conditioners, gels, moisturizers, oils,
4pomades, and shampoos; and
54.      The making of wigs from natural hair, natural fibers, synthetic fibers,
6and hair extensions.
7(c)     "Natural hair braiding" does not include:
81.      The application of dyes, reactive chemicals, or other preparation to alter
9the color of the hair or to straighten, curl, or alter the structure of the
10hair; or
112.      The use of chemical hair joining agents such as synthetic tape, keratin
12bonds, or fusion bonds.
13(d)     For the purposes of this subsection, "mechanical devices" means clips, combs,
14curlers, curling irons, hairpins, rollers, scissors, needles, thread, and hair
15binders;
16 (22)[(20)] (a)  "Shampoo and style services" means beautifying, cleaning, or arranging
17the hair of an individual for consideration[ only at a limited beauty salon].
18(b)     "Shampoo and style services" includes any of the following services
19performed on an individual's hair:
201.      Arranging;
212.      Cleaning;
223.      Curling;
234.      Dressing;
245.      Blow drying; or
256.      Performing any other similar procedure.
26(c)     "Shampoo and style services" does not include any service that:
271.      Is popularly known as a Brazilian blowout;
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12.      Includes color services, cutting, lightening, or chemically treating hair;
2or
33.      Otherwise falls under the practice of cosmetology, except as authorized
4in paragraph (b) of this subsection; and
5 (23)[(21)] "Threading" means the process of removing hair from below the eyebrow by
6use of a thread woven through the hair to be removed.
7Section 3. KRS 317A.020 is amended to read as follows:
8 (1)     A[No] person shall not engage in the practice of cosmetology, esthetic practices, or
9nail technology for other than cosmetic purposes nor shall any person engage in the
10practice of cosmetology, esthetic practices, or nail technology for the treatment of
11physical or mental ailments. This chapter does not apply to:
12(a)     Persons authorized by the law of this state to practice medicine, podiatry,
13optometry, dentistry, chiropractic, nursing, or embalming who perform
14incidental practices of cosmetology, esthetic practices, and nail technology in
15the normal course of the practice of their profession;
16(b)     Commissioned medical or surgical personnel of the United States Armed
17Forces who perform incidental practices of cosmetology, esthetic practices, or
18nail technology in the course of their duties; and
19(c)     Cosmetology, esthetic practices, or nail technology services performed at an
20institution operated or under contract to the Department of Corrections or the
21Department of Juvenile Justice[; and
22(d)     Persons engaged in natural hair braiding].
23 (2)     Except as provided in subsection (1) of this section, a[no] person shall not engage
24in the practice of cosmetology, esthetic practices, or nail technology for the public,
25generally, or for consideration without the appropriate license required by this
26chapter.
27 (3)    (a)      A[No] person, unless duly and properly licensed or permitted pursuant to this
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1chapter, shall not:
21.[(a)]  Act as a cosmetologist[Teach cosmetology, esthetic practices, or
3nail technology];
42.[(b)]  Operate a beauty salon;
53.[(c)]  Operate an esthetic salon;
64.[(d)]  Act as an esthetician;
75.[(e)]  Operate a nail salon;
86.[(f)]  Act as a nail technician;[ or]
97.[(g)]  Conduct or operate a school for cosmetologists, estheticians, or
10nail technicians; or
118.      Perform any other service regulated by this chapter.
12(b)     1.      Any person who practices, offers or attempts to practice, or holds
13oneself out to practice cosmetology, esthetics, nail technology,
14shampoo styling, or any other practice regulated by this chapter
15without being licensed or permitted by this chapter shall, in addition to
16any other penalty provided by law, pay an administrative penalty to the
17board in an amount not to exceed one thousand five hundred dollars
18($1,500) for each offense as determined by the board.
192.      The administrative penalty shall be assessed by the board in a ruling
20after an administrative hearing is held in accordance with Section 7 of
21this Act and KRS Chapter 13B.
22(c)     The board has the authority and power to investigate any and all unlicensed
23activity involving services licensed under this chapter.
24(d)     The administrative penalty shall be paid within sixty (60) days after the
25effective date of the order imposing the administrative penalty. The order
26shall constitute a judgment and may be filed and executed in the same
27manner as any judgment from any court of record.
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1 (4)     A[No] person shall not aid or abet any person in violating this section, nor shall any
2person engage or employ for consideration any person to perform any practice
3licensed or permitted by this chapter unless the person to perform the practice holds
4and displays the appropriate license or permit.
5 (5)     A licensed cosmetology, esthetic, or nail technology practice instructor, licensed
6cosmetologist, licensed esthetician, licensed nail technician, licensed shampoo
7stylist, or permit holder[No licensed cosmetology or esthetic practices instructors,
8licensed cosmetologists, licensed estheticians, or licensed nail technicians] shall not
9hold clinics for teaching or demonstrating for personal profit, either monetary or
10otherwise, if the clinics are not sponsored by a recognized professional
11cosmetologist's, esthetician's, or nail technician's group, or other beauty specialty
12group for a service that requires a license or permit under this chapter.
13 (6)     Whenever a person engages in different practices separately licensed, certified, or
14permitted by this chapter, that person shall procure a separate license, certificate, or
15permit for each of the practices in which the person engages.
16 (7)     The board shall:
17(a)     Govern all issues related to this chapter;
18(b)     Investigate alleged violations brought to its attention, conduct investigations,
19and schedule and conduct administrative hearings in accordance with KRS
20Chapter 13B to enforce the provisions of this chapter and administrative
21regulations promulgated pursuant to this chapter;
22(c)     Administer oaths, receive evidence, interview persons, and require the
23production of books, papers, documents, or other evidence; and
24(d)     Have the authority to take emergency action affecting the legal rights, duties,
25privileges, or immunities of named persons without a hearing to stop, prevent,
26or avoid an immediate danger to the public health, safety, or welfare, in
27accordance with KRS 13B.125(1), subject to the following:
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11.      An emergency order shall be based upon verified probable cause or
2substantial evidence, documented by the board, that the emergency
3order is in the interest of public health, welfare, and safety of any
4customer, patient, or the general public; and
52.      Upon the issuance of an emergency order, the board shall comply with
6the administrative hearing procedures in KRS 13B.125(3) to determine
7the reinstatement of operations of the licensed facility.
8 (8)    (a)      Unless a documented and verified violation creates an immediate and present
9danger to the health and safety of the public, a warning notice shall be first
10issued prior to imposing incremental punitive action against an otherwise
11lawful salon. The warning notice shall include a specific and detailed
12description of the violation and the specific remediation required to bring the
13salon into compliance.
14(b)     It shall be deemed an immediate and present danger to the health and safety of
15the public if it is documented and verified that a licensee knowingly employs
16or utilizes the services of an unlicensed individual.
17 (9)     The board may:
18(a)     Bring and maintain actions in its own name to enjoin any person in violation
19of any provision of this chapter. These actions shall be brought in the Circuit
20Court of the county where the violation is alleged to have occurred; and
21(b)     Refer violations of this chapter and any potential violations of other chapters
22relating to the practice of cosmetology or any other practice regulated by
23this chapter to county attorneys, Commonwealth's attorneys, and to the
24Attorney General, or any other applicable enforcement arm[.
25 (10) Nothing in this section shall be construed to prohibit an instructor, student,
26cosmetologist, or nail technician from using callus graters for callus removal, and
27the board shall not promulgate any administrative regulation prohibiting the use of
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1callus graters for callus removal].
2Section 4. KRS 317A.030 is amended to read as follows:
3 (1)     There is created an independent agency of the state government to be known as the
4Kentucky Board of Cosmetology, which shall have complete supervision over the
5administration of the provisions of this chapter relating to the:
6(a)     Practice of cosmetology, esthetics, and nail technology;
7(b)     Instruction of cosmetology, esthetics, and nail technology;
8(c)     Salons where cosmetology, esthetics, and nail technology are practiced;
9(d)     Schools where cosmetology, esthetics, and nail technology are taught; and
10(e)     Practice, instruction, limited facility, or specialized course for any subset
11skill     of     cosmetology,     esthetics,     or     nail   technology[cosmetology,
12cosmetologists, schools of cosmetology, or esthetic practices or nail
13technology,  students,   estheticians,    nail     technicians,   instructors   of
14cosmetology, instructors of esthetic practices, or instructors of nail
15technology, cosmetology salons, esthetic salons, and nail salons].
16 (2)     The board shall be composed of seven (7) members appointed by the Governor as
17follows:
18(a)     Four (4) of the members shall have been cosmetologists five (5) years prior to
19their appointment and shall reside in Kentucky:
201.      Two (2) of whom shall be cosmetology salon owners;
212.      One (1) of whom shall be a cosmetology teacher in public education and
22shall not own any interest in a cosmetology salon; and
233.      One (1) of whom shall be an owner of or one who shall have a financial
24interest in a licensed cosmetology school and shall be a member of a
25nationally recognized association of cosmetologists;
26(b)     One (1) member shall be a licensed nail technician;
27(c)     One (1) member shall be a licensed esthetician;
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1(d)     One (1) member shall be a citizen at large who is not associated with or
2financially interested in the practices or businesses regulated; and
3(e)     None of whom nor the executive director shall be financially interested in, or
4have any financial connection with, wholesale cosmetic supply or equipment
5businesses.
6At all times in the filling of vacancies of membership on the board, this balance of
7representation shall be maintained.
8 (3)     Appointments shall be for a term of two (2) years, ending on February 1.
9 (4)     The Governor shall not remove any member of the board except for cause.
10 (5)     The board shall elect from its members a chair, a vice chair, and a secretary.
11 (6)     Four (4) members shall constitute a quorum for the transaction of any board
12business.
13 (7)     Each member of the board shall receive one hundred dollars ($100) per day for each
14day of attendance at board meetings, and shall be reimbursed for necessary
15traveling expenses and necessary expenses incurred in the performance of duties
16pertaining to official business of the board.
17 (8)     The board shall hold meetings at the place in the state and at the times deemed
18necessary by the board to discharge its duties.
19Section 5. KRS 317A.050 is amended to read as follows:
20 (1)     All applicants for licensure under this chapter shall meet the following minimum
21requirements:
22(a)     [Be of good moral character and temperate habit;
23(b)     ]Be at least eighteen (18) years of age;
24(b)     Have a diploma, transcript, or examination that reflects completion of
25secondary education approximate to the twelfth grade in public schools in
26the United States[(c) Have a high school diploma, a High School
27Equivalency Diploma, or results from the Test for Adult Basic Education
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1indicating a score equivalent to the twelfth grade of high school]; and
2(c)[(d)]        Have submitted the completed application along with the required
3license fee as set forth in administrative regulation.
4 (2)     Notwithstanding any provision to the contrary, the board may refuse to grant a
5license or permit to any applicant who fails to comply with the provisions of this
6chapter or any administrative regulations promulgated by the board.
7 (3)     The board shall issue a cosmetologist license to any person who:
8(a)     Has official certification from the state board or agency that certifies
9cosmetology schools that the applicant has satisfactorily completed[graduated
10from a licensed school of cosmetology requiring] one thousand five hundred
11(1,500) hours within five (5) years of enrolling within the school; and
12(b)     Has satisfactorily passed an examination prescribed by the board to determine
13fitness to practice cosmetology.
14 (4)     The board shall issue an esthetician license to any person who:
15(a)     Has official certification from the state board or agency that certifies
16cosmetology schools that the applicant has satisfactorily completed seven
17hundred fifty (750) hours of instruction in a licensed school within five (5)
18years of enrolling within the school[approved by the board]; and
19(b)     Has satisfactorily passed[received a satisfactory grade on] an examination
20prescribed by the board to determine fitness to practice as an esthetician.
21 (5)     The board shall issue a license to act as a nail technician to any person who:
22(a)     Has official certification from the state board or agency that certifies
23cosmetology schools that the applicant has completed satisfactorily a nail
24technician course of study of four hundred fifty (450) hours in a licensed
25school of cosmetology within five (5) years of enrolling within the
26school[submitting an application for licensure]; and
27(b)     Has satisfactorily passed an examination prescribed by the board to determine
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1fitness to practice as a nail technician.
2 (6)     The board shall issue a license to operate a fixed or mobile salon as follows:
3(a)     The board shall issue a license to operate a beauty salon to any licensed
4cosmetologist. An owner who is not a licensed cosmetologist shall have a
5licensed cosmetologist as manager of the beauty salon at all times. If the
6owner, manager, or location of a beauty salon changes, the required form and
7fee shall be submitted to the board;[.]
8(b)     The board shall issue a license to operate an esthetic salon to any licensed
9esthetician. An owner who is not a licensed esthetician shall have a licensed
10esthetician or cosmetologist as manager of the esthetic salon at all times. If the
11owner, manager, or location of an esthetic salon changes, the required form
12and fee shall be submitted to the board;[.]
13(c)     The board shall issue a license to operate a nail salon to any licensed nail
14technician. An owner who is not a licensed nail technician shall have a
15licensed nail technician or cosmetologist as manager of the nail salon at all
16times. If the owner, manager, or location of a nail salon changes, the required
17form and fee shall be submitted to the board; and
18(d)     The board shall issue a license to operate a limited facility to anyone with
19an applicable license or permit prescribed by administrative regulation. An
20owner who is not licensed or permitted shall have someone with an
21applicable license or permit as manager of the limited facility at all times. If
22the owner, manager, or location changes, the required form and fee shall be
23submitted to the board.
24 (7)     The board shall issue an instructor training certificate to train to be an instructor in
25cosmetology, esthetic practices, or nail technology to any person who:
26(a)     Has held a current cosmetologist, esthetician, or nail technician license for at
27least one (1) year; and
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1(b)     Has submitted an application that has been signed by the owners of the school
2in which the applicant will study. The course of instruction shall be for a
3period of seven hundred fifty (750) hours and not less than four and one-half
4(4.5) months at one (1) school providing this instruction. The school owner
5shall verify to the board the completion of seven hundred fifty (750) hours.
6For out-of-state verification, an applicant shall provide official certification
7from the board or agency that certifies schools in that other state of licensure
8verifying the applicant has completed a course of instruction consisting of at
9least seven hundred fifty (750) hours and not less than four and one-half (4.5)
10months at one (1) school providing the instruction.
11 (8)     The board shall issue a license to teach cosmetology to any person who:
12(a)     Has held a current cosmetologist license and an instructor training certificate
13for at least seven hundred fifty (750) hours[four and one-half (4.5) months];
14and
15(b)     Has satisfactorily passed the examination for the teaching of cosmetology as
16prescribed by the board.
17 (9)     The board shall issue a license to teach esthetic practices to any person who:
18(a)     Has held a current esthetician license and an instructor training certificate for
19seven hundred fifty (750) hours[at least four and one-half (4.5) months];[
20(b)     Has completed fifty (50) hours in esthetics training within the last two (2)
21years;] and
22(b)[(c)]        Has satisfactorily passed the examination for the teaching of esthetic
23practices as prescribed by the board.
24 (10) The board shall issue a license to teach nail technology to any person who:
25(a)     Has held a current nail technician license and an instructor training certificate
26for at least seven hundred fifty (750) hours[four and one-half (4.5) months];[
27(b)     Has completed fifty (50) hours in nail technology training within the last two
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1(2) years;] and
2(b)[(c)]        Has satisfactorily passed the examination for the teaching of nail
3technology as prescribed by the board.
4 (11) (a)        If the requirements of KRS 317A.090 have been satisfied, the board shall
5issue a license to operate a school of cosmetology or a school of esthetic
6practices or a school of nail technology to any person who has as manager at
7all times a person who is:
81.      Licensed as an instructor;
92.      Charged with the responsibility of ensuring that all applicable statutes
10and administrative regulations are complied with; and
113.      Responsible for having a sufficient number of licensed instructors of
12cosmetology or esthetic practices or nail technology to conduct the
13school.
14(b)     Any student enrolling in the school shall pay the fee set forth in administrative
15regulation to the board before enrollment in the school shall be allowed.
16(c)     The transfer of any license to operate a school of cosmetology or esthetic
17practices or nail technology shall require the board's approval and shall
18become effective upon submitting the required form and fee to the board.
19 (12) (a)        The board shall issue a license to provide shampoo and style services to any
20person who:
211.      Has passed an examination prescribed by the board to determine fitness
22to perform shampoo and style services;
232.      Has completed at least three hundred (300) hours of instruction from a
24licensed school of cosmetology; and
253.      Has met any other reasonable criteria established in administrative
26regulations promulgated by the board.
27(b)     The board shall issue a license to operate a limited facility[beauty salon] to
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1any person:
21.      Who is licensed to provide shampoo and style services or who employs
3at least one (1) person licensed to provide shampoo and style services at
4the limited facility[beauty salon]; and
52.      Whose limited[ beauty salon] facility complies with standards
6established in administrative regulations promulgated by the board.
7 (13) Licenses established under this chapter shall be valid for a period of time to be
8established by the board through the promulgation of administrative regulations.
9 (14) Licenses and permits issued by the board may be renewed beginning July 1 through
10July 31 of each license period prescribed by administrative regulation
11promulgated by the board[year].
12(a)     Any license shall automatically be renewed by the board:
131.      Upon submission and receipt of the application for renewal and the
14required annual license fee; and
152.      If the application for renewal is otherwise in compliance with the
16provisions of this chapter and the administrative regulations of the
17board.
18(b)     Any license application electronically submitted or postmarked after July 31
19shall be considered expired, and the appropriate restoration fee as required by
20administrative regulation of the board shall apply.
21 (15) The requirements for a new license for any person whose license has expired for a
22period exceeding five (5) years shall be as follows:
23(a)     Cosmetologists shall retake and pass both the practical and theory
24examination;
25(b)     Estheticians shall retake and pass both the practical and theory examination;
26(c)     Instructors of cosmetology or esthetic practices shall retake and pass both the
27practical and theory examination;
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1(d)     Nail technicians shall retake and pass the practical and theory examination;
2(e)     Providers of shampoo and style services shall retake and pass both the
3practical and theory examination; and
4(f)     The appropriate restoration fee as set forth in administrative regulation of the
5board shall be required.
6 (16) Guest artists or demonstrators appearing and demonstrating before persons other
7than licensed cosmetologists, estheticians, nail technicians, and providers of
8shampoo and style services shall apply for a permit that shall be in effect for ten
9(10) days. Guest artists performing before a nonprofit, recognized professional
10cosmetologists', estheticians', or cosmetology school or shampoo and style services'
11or nail technicians' group shall apply for a permit, but shall not be required to pay
12the fee.
13 (17) The board shall issue a permit for threading and may promulgate administrative
14regulations that set out requirements for the practice of threading. Threading shall
15be conducted in a licensed beauty salon or a facility with a permit to engage in
16threading, and the board may promulgate administrative regulations for facilities
17and the required sanitation standards. The permit shall be valid for the renewal
18period prescribed by administrative regulation promulgated by the board[a period
19of one (1) year].
20 (18) The board shall issue a permit for eyelash artistry and may promulgate
21administrative regulations that set out the requirements for the practice of eyelash
22artistry. Eyelash artistry shall be conducted in a licensed beauty salon or a facility
23with a permit to engage in eyelash artistry, and the board may promulgate
24administrative regulations for facilities, education, and the required sanitation
25standards. The permit shall be valid for the renewal period prescribed by
26administrative regulation promulgated by the board[a period of one (1) year].
27 (19) The board shall issue a permit for makeup artistry and may promulgate
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1administrative regulations that set out requirements for the practice of makeup
2artistry and required sanitation standards. The permit shall be valid for the renewal
3period to be prescribed by administrative regulation promulgated by the board[a
4period of one (1) year].
5 (20) (a)        The board shall issue a permit for natural hair braiding and may
6promulgate administrative regulations in accordance with KRS Chapter
713A to set out sanitation standards for the practice of natural hair braiding
8in licensed, non-residential facilities with other professionals licensed under
9this chapter. The permit shall be valid for the renewal period prescribed by
10administrative regulation promulgated by the board.
11(b)     For a person practicing natural hair braiding, this chapter shall not be
12construed to require:
131.      A salon or other facility license, if working out of their home;
142.      A limited facility license, if only working with other natural hair
15braiders; or
163.      Cosmetology instruction hours beyond a sanitation course.
17 (21) (a)        The board may issue a permit for temporary event services to a Kentucky-
18licensed cosmetologist, esthetician, limited stylist, or nail technician and shall
19promulgate administrative regulations that set out requirements for issuance
20of a temporary event services permit including:
211.      Sanitation standards;
222.      Criteria for events that qualify;
233.      Application requirements and fees; and
244.      Any other requirements necessary to protect the public health and
25safety.
26(b)     The temporary event services permit shall be valid only for the specific dates
27and locations requested.
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1(c)     A[No] person other than a Kentucky-licensed cosmetologist, esthetician,
2limited stylist, or nail technician shall not perform services at a temporary
3event services location, and a[no] licensee shall not perform services other
4than those authorized by his or her respective license pursuant to KRS
5317A.020.
6(d)     The Kentucky-licensed cosmetologist, esthetician, limited stylist, or nail
7technician holding a temporary event services permit shall be liable for any
8violation of KRS Chapter 317A or administrative regulations promulgated
9under KRS Chapter 317A that occurs at the temporary event services location.
10Section 6. KRS 317A.060 is amended to read as follows:
11 (1)     The board shall promulgate administrative regulations including but not limited to
12administrative regulations that:
13(a)     Protect the health and safety of the public;
14(b)     Protect       the      public   against   incompetent   or   unethical   practice,
15misrepresentation, deceit, or fraud in the practice or teaching of beauty
16culture;
17(c)     Set standards for the operation of the schools and all salons;
18(d)     Protect the students under this chapter;
19(e)     Set standards for mobile salons and for the location and housing of
20fixed[beauty] salons or cosmetology schools in the state. This subsection does
21not apply to the instructional programs in cosmetology in the state area
22vocational and technical schools;
23(f)     Set standards for the quantity and quality of equipment, supplies, materials,
24records, and furnishings required in beauty salons, esthetic salons, nail salons,
25and cosmetology, esthetic practices,[ and] nail technology schools, and
26limited facilities;
27(g)     Establish the qualifications of instructors of cosmetology, instructors of
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1esthetic practices, instructors of nail technology, and apprentice teachers;
2(h)     Establish requirements for the hours and courses of instruction at cosmetology
3schools and esthetic practices schools and nail technology schools;
4(i)     Establish requirements for the examinations of applicants for licenses;
5(j)     Establish the requirements for the proper education and training of students;
6(k)     Address the course and conduct of license and permit holders under this
7chapter[school owners, instructors, instructor training certificate holders,
8licensed cosmetologists, estheticians, nail technicians, beauty salons, esthetic
9salons, nail salons, cosmetology schools, schools of esthetic practices, and
10schools of nail technology];[ and]
11(l)     Establish a code of professional conduct[ethics] for persons licensed and
12permitted by the board; and
13(m) Establish the inspection criteria and inspections for fixed and mobile
14salons.
15 (2)     Administrative regulations pertaining to health and sanitation shall be approved by
16the Cabinet for Health and Family Services before becoming effective.
17 (3)     Administrative regulations promulgated under this section shall not be unduly
18burdensome and shall balance the needs of protecting the public against the
19feasibility of the requirements imposed.
20Section 7. KRS 317A.070 is amended to read as follows:
21 (1)     The board shall hold hearings upon the request of any licensee or applicant directly
22affected by the board's decision to refuse to issue or renew a license or permit, or to
23deny, suspend, probate, fine, or revoke a license or permit. A licensee or applicant
24shall request a hearing within thirty (30) days of the board's notice that it seeks to
25refuse to issue or renew a license or permit, or to deny, suspend, probate, fine, or
26revoke a license or permit. The hearing shall be conducted in accordance with KRS
27Chapter 13B.
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1 (2)     The board shall hold hearings upon the request of an unlicensed party facing
2penalties under this chapter. The unlicensed party shall request a hearing within
3thirty (30) days of the board's notice that a penalty may be issued. The hearing
4shall be conducted in accordance with KRS Chapter 13B.
5 (3)     Rulings of the board as a result of any hearing may be appealed to the Franklin
6Circuit Court in accordance with KRS Chapter 13B.
7Section 8. KRS 317A.090 is amended to read as follows:
8 A[No] license shall not be issued or renewed by the board to any cosmetology school or
9 school of esthetic practices or school of nail technology unless such school provides:
10 (1)     The name of the proposed school;
11 (2)     The ability to effectively and independently administer the school, reflecting
12knowledge of the law in this chapter and administrative regulations prescribed by
13the board[A statement that the proposed school is authorized to operate educational
14programs beyond secondary education];
15 (3)     As a prerequisite of graduation, a prescribed course of instruction of not less than
16one thousand five hundred (1,500) hours for a cosmetology school or seven
17hundred fifty (750) hours for a school of esthetic practices, or four hundred fifty
18(450) hours for a school of nail technology;
19 (4)     Courses of instruction in histology of the hair, skin, nails, muscles, and nerves of
20the face and neck; elementary chemistry with emphasis on sterilization, diseases of
21the skin, hair, and glands, and massaging and manipulating of the muscles of the
22upper body; cutting, shaving, arranging, dressing, chemical treatment of the hair
23and such other courses as may be prescribed by administrative regulation of the
24board;
25 (5)     Facilities, equipment, materials, and qualified instructors and instructor training as
26may be required by administrative regulations of the board adopted pursuant to this
27chapter.[, but no] Cosmetology schools[school] or schools[school] of esthetic
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1practices or schools[school] of nail technology shall follow the student-teacher
2ratio listed in administrative regulations promulgated by the board[have fewer
3than one (1) licensed instructor per twenty (20) students present for instruction];
4 (6)     A[No] cosmetology school or school of esthetic practices or school of nail
5technology, after being licensed for the first time, shall not serve the public until
6one hundred fifty (150) hours of instruction has been taught;[ and]
7 (7)     If a complaint or concern has been validated through an inspection,
8investigation, or audit, the board may take immediate remedial measures to help
9the school operate according to the requirements and standards prescribed by this
10chapter or in the administrative regulations prescribed by the board in
11accordance with KRS Chapter 13A.
12 (8)     In compliance with KRS 317A.070, the board may revoke or suspend any license
13issued by it if, in the judgment of the board, the school is not following the
14requirements as set out in this chapter or the school does not comply with the
15administrative regulations promulgated by the board in order to regulate the
16conduct of the school and in order to supervise the proper education of the students.
17Section 9. KRS 317A.130 is amended to read as follows:
18 (1)     A[No] licensee shall not:
19(a)     Fail to follow sanitation standards prescribed by administrative regulations
20promulgated by this agency or other agencies in accordance with the
21Kentucky Revised Statutes[provide the head rest of each chair with a
22relaundered towel or a sheet of clean paper for each person]; or
23(b)     [Fail to place around the patron's neck a strip of cotton, towel, or neck strip so
24that the haircloth does not come in contact with the patron's skin;
25(c)     Use on one (1) patron a towel that has been used upon another patron, unless
26the towel has been relaundered;
27(d)     Use on any patron any razor, scissors, tweezers, comb, bowl, recirculating
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1pipes, rubber disc, or part of a vibrator or other similar equipment or
2appliance that comes into contact with the head, face, hands, feet, or neck of a
3patron, until the equipment or appliance has been sterilized in accordance with
4methods of sterilization that are bacteriologically effective and approved by
5the Cabinet for Health and Family Services; or
6(e)     ]Use on any patron a liquid nail enhancement product containing monomeric
7methyl methacrylate, also known as dental acrylic monomer, for the purpose
8of creating artificial nail enhancements in the practice of cosmetology and nail
9technology.
10 (2)     This chapter shall not be construed to prohibit an instructor, student,
11cosmetologist, or nail technician from using callus graters for callus removal,
12and the board shall not promulgate any administrative regulation prohibiting the
13use of callus graters for callus removal[No esthetician practicing under this
14chapter shall perform any of the following unless practicing under the immediate
15supervision of a licensed physician:
16(a)     Botox or collagen injections;
17(b)     Laser treatments;
18(c)     Electrolysis;
19(d)     Tattoo;
20(e)     Permanent makeup;
21(f)     Microblading; or
22(g)     Piercing].
23Section 10. KRS 317A.140 is amended to read as follows:
24 (1)     The board may refuse to issue or renew a license or permit, or may suspend or
25revoke a license or permit, impose probationary conditions upon, impose an
26administrative fine, issue a written reprimand or admonishment, or take any
27combination of these actions regarding proof of any applicant's, permitee's, or
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1licensee's:
2(a)     Conviction of a felony, if in accordance with KRS Chapter 335B;
3(b)     Gross malpractice or incompetence;
4(c)     Mental or physical health that would endanger public health or safety;
5(d)     False or deceptive practice or misrepresentation including advertising;
6(e)     Practicing in an unlicensed salon or in a salon knowing that the salon is not in
7compliance with this chapter or the administrative regulations of the board
8promulgated pursuant to this chapter;
9(f)     [Immoral conduct, ]Unprofessional conduct[, or a violation of the code of
10ethics];
11(g)     Teaching in an unlicensed school or in a school knowing that the school is not
12in compliance with this chapter or the administrative regulations of the board
13promulgated pursuant to this chapter;
14(h)     Failure to comply with the administrative regulations of the board.
15 (2)     Payments in lieu of suspension collected by the board shall be deposited in the State
16Treasury and credited to the general fund.
17 (3)     The board may require retesting of any licensee upon proper showing of gross
18malpractice or incompetence on the part of the licensee.
19Section 11. KRS 317A.145 is amended to read as follows:
20 (1)     The board shall receive complaints concerning any person licensed or permitted
21under this chapter relating to the licensee's business or professional practices. The
22board may investigate all complaints concerning any person licensed under the
23provisions of this chapter or any person that is performing services regulated by
24this chapter without a license or permit. The board may on its own volition initiate
25such an investigation and shall promulgate administrative regulations necessary for
26the administration of the provisions of this section.
27 (2)     If upon investigation there appears to be a violation of the provisions of this
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1chapter, the board shall take such action as it deems necessary under the provisions
2of KRS 317A.140.
3 (3)     For the purpose of enforcing the provisions of this chapter, officers, agents, and
4inspectors of the board may enter upon premises of all facilities issued a permit or
5license by the board, at all reasonable times and during periods when those
6premises are otherwise open to the public, and make inspections to determine
7compliance with this chapter and the administrative regulations promulgated by the
8board, and inspect books, papers, or records pertaining to the licensed activity, a
9copy of which may be obtained by the board officer, agent, or inspector.
10Section 12. KRS 317A.990 is amended to read as follows:
11 (1)     Any licensee or permitee[person] who violates any provision of this chapter shall
12be fined not less than fifty dollars ($50) nor more than one thousand five hundred
13dollars ($1,500) per violation.
14 (2)     Any person who provides services regulated by this chapter without a license
15shall be fined not less than fifty dollars ($50) nor more than one thousand five
16hundred dollars ($1,500) per violation.
17 (3)     Any person who violates any administrative regulation lawfully promulgated by the
18board under the authority contained in this chapter shall be fined not less than
19twenty-five dollars ($25) nor more than seven hundred fifty dollars ($750) per
20violation[.
21 (3)     Any person who violates KRS 317A.020 or 317A.155 shall be guilty of a Class B
22misdemeanor].
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