GENERAL GOVERNMENT

Kentucky Board of Hairdressers and Cosmetologists

(Amendment)

 

      201 KAR 12:030. Licensing, permits, and examinations.[License required.]

 

      RELATES TO: KRS 317A.020, 317A.050, 317A.062, 317A.100, 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 schools and salons of cosmetology, nail technology, and esthetics. This administrative regulation establishes procedures for examinations and licensing[special licensing requirements].

 

      Section 1. Fees. License and permit fees are set forth in 201 KAR 12:260.

 

      Section 2. Reciprocal Licensing. (1) A license issued by another state shall be considered comparable if the laws of that state require at a minimum:

      (a) 1,500 hours of curriculum for cosmetology;

      (b) 600 hours of curriculum for nail technology;

      (c) 1,000 hours of curriculum for esthetics; or

      (d) 1,000 hours of curriculum for cosmetology instructors.

      (2) An out of state applicant who meets the requirements of KRS 317A.100(1) or 317B.040(1) may be licensed by reciprocity by submitting the Out of State Transfer Application and the following:

      (a) Two (2) or more years’ documentation of tax records corresponding to the out of state license;

      (b) Certification of the out of state license from the issuing state board;

      (c) Diploma or certified testing documents proving 12th grade equivalency education; and

      (d) Payment of the applicable license and endorsement fees required by 201 KAR 12:260.

      (3) An out of state applicant who meets the requirements of KRS 317A.100(2) or (3) shall:

      (a) Submit the documentation required by subsection (2)(a) – (c);

      (b) Pay the applicable license and endorsement fees required by 201 KAR 12:260 and, if required by the board;

      (c) Pay the applicable examination fees established in 201 KAR 12:260.

      (4) Active duty military family members shall apply for a reciprocal license by using the Military Transfer Application and including the following:

      (a) Certification of a current license from the out of state licensing agency;

      (b) A copy of the military sponsor’s active duty orders listing the applicant as an accompanying family member; and

      (c) Payment of a twenty-five (25) dollar fee.

      (5) All certification of hours or a license issued by the board shall be requested using the Certification Request Form and payment of the fee as set forth in 201 KAR 12:260.

 

      Section 3. Threading Permit. Any person who engages in the practice of threading shall first obtain a threader permit from the board by completing the Threading Permit Application and paying the fee established in 201 KAR 12:260.

 

      Section 4. Examination Registration. (1) Applicants shall register with the board and submit an Application for Examination as follows:

      (a) A graduate of a licensed cosmetology school must register with the board at least eight (8) months prior to the requested apprentice cosmetologist examination date;

      (b) A nail technician graduate must register with the board at least seventy-five (75) days prior to the requested nail technician examination date; and

      (c) An esthetician graduate must register with the board at least six (6) months prior to the requested esthetician examination date.

      (2) No person shall take the board's examination unless the board has received a completed Application for Examination at least ten (10) business days prior to the beginning examination date.

      (3) Apprentice cosmetologists must complete the Affidavit of Apprenticeship included with the Application for Examination when applying to take the Cosmetology examination.

      (4) An applicant with curriculum hours obtained in another state shall include with the Out of State Application for Examination the following:

      (a) Certification of curriculum hours from the state licensing board or agency where the hours were obtained, if the state requires the reporting of curriculum hours; or

      (b) Certification of the valid licensing status of the school attended from the state board or licensing authority and an official transcript certified by the school; and

      (c) Payment of the applicable license fees as set forth in 201 KAR 12:260.

      (5) Examination applicants shall wear a full set of solid color medical scrubs and bring all instruments and supplies as listed on the board website for the practical examination. White colored scrubs or other clothing is prohibited.

 

      Section 5. Examination Components. (1) The examination shall consist of a written test and a practical demonstration taken from the curriculum requirements specified in 201 KAR 12:082.

      (2) The practical demonstration shall be performed on a:

      (a) Mannequin head and hand for the cosmetology practical examination;

      (b) Mannequin head for the esthetician practical examination; or

      (c) Mannequin hand for the nail technician practical examination.

      (3) The applicant shall provide a mannequin head or hand as needed for an examination.

 

      Section 6. Grading. (1) A minimum passing grade of seventy (70) percent for both the written examination and the practical demonstration shall be required for the apprentice cosmetologist, nail technician, and esthetician examinations.

      (2) A minimum passing grade of eighty (80) percent on the written examination and eighty-five (85) percent on the practical demonstration shall be required for all instructor examinations.

 

      Section 7. Practice before Examination Prohibited. A student engaging in the practice of cosmetology, nail technology, or esthetics prior to the board examination shall be ineligible to take the examination for a period of one (1) year from the date of the unauthorized practice.

 

      Section 8. License Application. (1) An applicant who passes the state board examination shall have ninety (90) days following the examination to apply for a license.

      (2) Failure to apply for a license as required by subsection (1) of this section shall require payment of the appropriate restoration and licensing fees under 201 KAR 12:260 before a license may be issued.

      (3) An applicant who fails to apply for a license within one (1) year of passing the examination must retake the examination and pay the appropriate examination fee under 201 KAR 12:260.

 

      Section 9. Retaking Examinations. Any applicant who:

      (1) Fails the state board examination may retake the examination upon submitting a Examination Re-Take Application and paying the examination fee required by 201 KAR 12:260;

      (2) Is caught cheating or impersonating another shall not be allowed to retake the examination for a minimum of one (1) year from the date of the original examination; and

      (3) Fails to report for the examination on the date specified by the board shall submit a new examination application and pay the examination fee as required by 201 KAR 12:260 prior to being rescheduled for examination. The board may waive the examination fee for good cause shown. "Good cause" includes:

      (a) An illness or medical condition of the applicant that prohibits the applicant from reporting to the examination; or

      (b) A death, illness, or medical condition in the applicant's immediate family that prohibits the applicant from reporting to the examination site.

      (4) Documents and certificates submitted with an examination application are valid for one (1) year following the date of submission after which time applicants must submit updated documents and certificates with the Examination Re-Take Application.

 

      Section 10. Duplicate Licenses and Restoration. (1) If a license is lost, destroyed, or stolen after issuance, a duplicate license may be issued. The licensee shall submit a statement verifying the loss of the license using the Duplicate License Application and pay the duplicate license fee listed in 201 KAR 12:260. Each duplicate license shall be marked "duplicate".

      (2) To restore an expired license, a License Restoration Application must be submitted to the board along with payment of the restoration and license fees set forth in 201 KAR 12:260.

 

      Section 11. Salon and Facility Applications. (1) Each person, firm, or corporation applying for a license to operate a new or relocating beauty salon, nail salon, esthetic salon, or threading facility must submit the Salon Application or Threading Facility Application and the applicable fee set forth in 201 KAR 12:260 and be inspected by the board inspector a minimum of five (5) business days prior to opening for business.

      (2) A new or relocating salon or threading facility shall comply with all applicable city, county, state zoning, building, and plumbing laws, administrative regulations, and codes.

      (3) A salon or facility may be located on the premises of a nursing home or assisted living facility if the salon or facility meets all requirements of this Section.

      (4) Any salon or facility located in a residence shall have a dedicated outside entrance separate from that of the residence. This subsection shall not apply to a nursing home or assisted living facility if the home or facility has obtained a salon license from the board.

      (5) A salon or facility shall not open for business prior to issuance of a license or permit.

      (6) A change to the owner, manager, or location of a licensed salon or threading facility shall require a New Salon Application or Manager Change Application to be submitted to the board and payment of the license or change fee under 201 KAR 12:260.

 

      Section 12. Cosmetology School Licenses. (1) Each person, firm, or corporation applying for a license to operate a school of cosmetology shall submit a Cosmetology School Application and the applicable fee set forth in 201 KAR 12:260.

      (2) The Cosmetology School Application must be accompanied by a proposed student contract listing all financial charges to enrolling students.

      (3) All schools must comply with city, county, and state zoning, building, and plumbing laws, administrative regulations and codes.

      (4) An inspection of the school shall be conducted by the board inspector and two (2) board members, or the board inspector, one (1) board member, and the board administrator, prior to issuance of the license.

      (5) The inspection must be completed within twelve (12) months of the date that the school application is submitted unless the board extends the time period for good cause. Requests for an extension of time must be submitted in writing to the board and include the following:

      (a) The reason for extension and the term of request; and

      (b) Supportive documentation of the extension request.

      (6) A license to operate a cosmetology school shall be valid only for the location and person, firm, or corporate owner named on the application. A cosmetology school license shall not be transferable from one (1) location to another or from one owner to another.

      (7) The cosmetology school license shall contain:

      (a) The name of the proposed school; and

      (b) A statement that the proposed school is authorized to operate educational programs beyond secondary education.

 

      Section 13. Change in School Ownership or Management. (1) The owners, firm, or corporation operating a licensed cosmetology school shall submit to the board a new Cosmetology School Application or a Manager Change Form and payment of the applicable fee set forth in 201 KAR 12:260 no later than thirty (30) business days prior to selling, transferring, or changing ownership or changing school managers.

      (2) A prospective owner(s) or manager shall meet all qualifications of KRS Chapter 317A, KRS Chapter 317B, and 201 KAR Chapter 12, and have the approval of the board before assuming operation of the school.

 

      Section 14. Classification as School. Any person, establishment, firm, or corporation that accepts, directly or indirectly, compensation for teaching any subject of cosmetology as defined in KRS 317A.010 shall be classified as a cosmetology school and shall comply with KRS Chapter 317A, Chapter 317B, and 201 KAR Chapter 12.

 

      Section 15. Owner and Manager Student Prohibited. An owner, partner, stockholder, corporate officer, or a manager of a licensed cosmetology school shall not be enrolled as a student in the school.

 

      Section 16. Board Member Disclosure. A board member shall disclose to the board a financial interest in a salon or school when submitting an application for a salon or school license.

 

      Section 17. Incorporation by Reference. (1) The following material is incorporated by reference:

      (a) "Out of State Transfer Application", October 2017;

      (b) "Military Transfer Application", October 2017;

      (c) "Certification Request Form " October 2017;

      (d) "Threading Permit Application", October 2017;

      (e) "Application for Examination", October 2017;

      (f) "Out of State Application for Examination", October 2017;

      (g) "Examination Re-Take Application", October 2017;

      (h) "Duplicate License Application", October 2017;

      (i) "License Restoration Application", October 2017;

      (j) "Salon Application", October 2017;

      (k) "Threading Facility Application", October 2017;

      (l) "Manager Change Form", October 2017; and

      (m) "Cosmetology School Application", October 2017, are 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. [An establishment or licensee of this board shall not employ an unlicensed person to perform or practice cosmetology, nail technology or esthetics.

      Section 2.]

 

R. KAY SWANNER, Board Chair

      APPROVED BY AGENCY: December 12, 2017

      FILED WITH LRC: December 13, 2017 at 1 p.m.

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on January 22, 2018, at 9:30 a.m., at Kentucky Board of Hairdressers and Cosmetologists. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through 11:59 p.m. on January 31, 2018. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.

      CONTACT PERSON: Julie M. Campbell, Board Administrator, 111 St. James Ct. Ste A. Frankfort, Kentucky 40601, phone (502) 564-4262, fax (502) 564-0481, email Julie.Campbell@ky.gov.

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact Person: Julie M. Campbell

      (1) Provide a brief summary of:

      (a) What this administrative regulation does: This administrative regulation establishes requirements for all examinations, licenses, and permits provided by the Kentucky Board of Hairdressers and Cosmetologists.

      (b) The necessity of this administrative regulation: This administrative regulation is necessary to clarify the necessary steps for persons to apply for examinations, licenses, and permits issued by the board.

      (c) How this administrative regulation conforms to the content of the authorizing statutes: This amendment details the necessary steps for persons to apply for examinations, licenses, and permits issued by the board as authorized by KRS 317A.050, 317A.060, and 317B.020.

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This amendment provides a method for all interested persons to apply for and receive a license or permit to practice cosmetology, nail technology, or esthetics in the Commonwealth.

      (2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

      (a) How the amendment will change this existing administrative regulation: Currently, the subjects of board examinations, licenses, and permits are spread across eight separate administrative regulations. With this amendment (and subsequent repeal of other administrative regulations), these subjects will be consolidated into one administrative regulation that outlines all necessary steps for a person to take a board examination and apply for a license or permit.

      (b) The necessity of the amendment to this administrative regulation: This amendment is needed to cut red tape currently existing in the eight separate administrative regulations. Additionally, this amendment provides reformatted digital forms that will ease the process of applying for examinations, licenses, and permits.

      (c) How the amendment conforms to the content of the authorizing statutes: This amendment provides the necessary steps to apply for a board examination and for a license or permit as authorized by KRS 317A.050, 317A.060, and 317B.020.

      (d) How the amendment will assist in the effective administration of the statutes: Through one understandable administrative regulation, this amendment will greatly simplify and facilitate the public’s ability to apply for and receive the necessary license or permit to practice cosmetology, nail technology, or esthetics in the Commonwealth.

      (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: There are 62 licensed cosmetology schools, approximately 10,000 cosmetology students, approximately 25,000 licensees, and nearly 6,000 salons affected by this amendment.

      (4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:

      (a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: This amendment will not impose any new requirements on those entities identified in question (3) above. Rather, it will facilitate the steps necessary for those persons identified in question (3) to apply to take a board examination and to obtain a license or permit.

      (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): There is no anticipated cost because of this amendment. All fees referenced in this amendment are taken from existing administrative regulations.

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): This amendment will simplify the necessary steps for applicants and licensees to apply for board examinations, licenses, and permits. All such requirements are now consolidated into one administrative regulation.

      (5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:

      (a) Initially: No additional funds are necessary initially to implement this amendment.

      (b) On a continuing basis: No additional funds are necessary on an ongoing basis to implement this amendment.

      (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: Current funding will not change because of this amendment.

      (7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment: No changes or increases in fees will be needed to implement this amendment.

      (8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: No fees are created or increased directly or indirectly by this amendment.

      (9) TIERING: Is tiering applied? Tiering is not applied as the requirements of this amendment apply equally to all cosmetology schools, school students, licensees, and salon owners.

 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

 

      (1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? Kentucky Board of Hairdressers and Cosmetologists.

      (2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 317A.050, 317A.060, and 317B.020.

      (3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect. This amendment will not affect the expenditures and revenues already generated by the existing administrative regulation.

      (a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? No additional revenue will be generated by this amendment for the first year.

      (b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? No additional revenue will be generated by this amendment for subsequent years.

      (c) How much will it cost to administer this program for the first year? No additional cost is anticipated from this amendment for the first year.

      (d) How much will it cost to administer this program for subsequent years? No additional cost is anticipated from this amendment for subsequent years.

      Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

      Revenues (+/-): Not applicable

      Expenditures (+/-): Not applicable

      Other Explanation: Not applicable