GENERAL GOVERNMENT

Kentucky Board of Hairdressers and Cosmetologists

(Repealer)

 

      201 KAR 12:041. Repeal of 201 KAR 12:020, 201 KAR 12:025, 201 KAR 12:031, 201 KAR 12:040, 201 KAR 12:045, 201 KAR 12:050, 201 KAR 12:055, 201 KAR 12:065, 201 KAR 12:070, 201 KAR 12:080; 201 KAR 12:083; 201 KAR 12:085, 201 KAR 12:088, 201 KAR 12:101, 201 KAR 12:105, 201 KAR 12:110, 201 KAR 12:120, 201 KAR 12:125, 201 KAR 12:130, 201 KAR 12:140, 201 KAR 12:150, 201 KAR 12:180, 201 KAR 12:190, 201 KAR 12:220, 201 KAR 12:230, 201 KAR 12:250, and 201 KAR 12:270.

 

      RELATES TO: KRS 317A.060

      STATUTORY AUTHORITY: KRS 317A.060

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 317A.060 and 317B.020 provide for the board to promulgate administrative regulations governing the operation of any schools and salons of cosmetology, nail technology, and esthetics practices including but not limited to administrative regulations to protect the health and safety of the public. All matters repealed herein are addressed in 201 KAR 12:010; 12:030, 12:060, 12:082, 12:100, and 12:260.

 

      Section 1. The following administrative regulations are hereby repealed:

      (1) 201 KAR 12:020. Examination;

      (2) 201 KAR 12:025. Additional study after failing examination;

      (3) 201 KAR 12:031. Replacement of license- duplicate license;

      (4) 201 KAR 12:040. Apprentices; ratio to operators;

      (5) 201 KAR 12:045. Apprentice, nail technician, esthetician, and instructor’s licensing;

      (6) 201 KAR 12:050. Reciprocity for valid license;

      (7) 201 KAR 12:055. Instructor’s license for out of state applicant;

      (8) 201 KAR 12:065. New, relocated, and change of owner salons;

      (9) 201 KAR 12:070. Requirements for esthetic salons;

      (10) 201 KAR 12:080. Salon and school public identification;

      (11) 201 KAR 12:083. Educational Requirements;

      (12) 201 KAR 12:085. School Advertising;

      (13) 201 KAR 12:088. Esthetic course of instruction;

      (14) 201 KAR 12:101. Equipment sanitation;

      (15) 201 KAR 12:105. School districts;

      (16) 201 KAR 12:110. School license;

      (17) 201 KAR 12:120. School faculty;

      (18) 201 KAR 12:125. Schools’ student administrative regulations;

      (19) 201 KAR 12:130. School fees for services;

      (20) 201 KAR 12:140. School equipment;

      (21) 201 KAR 12:150. School records;

      (22) 201 KAR 12:180. Hearing procedures;

      (23) 201 KAR 12:190. Investigations and complaints;

      (24) 201 KAR 12:220. Esthetic fee requirements;

      (25) 201 KAR 12:230. Code of ethics;

      (26) 201 KAR 12:250. School equipment for esthetics course; and

      (27) 201 KAR 12:270. Threading practice.

 

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 10:00 a.m. at the 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 repeals those regulations no longer necessary in light of amendments to existing regulations. The net effect of the contemporaneous amendments and this repealer will be six remaining administrative regulations in place of the currently existing thirty-three administrative regulations. The six remaining administrative regulations are: 201 KAR 12:010; 12:030; 12:060; 12:082; 12:100; and 12:260.

      (b) The necessity of this administrative regulation: This administrative regulation is necessary to eliminate redundancy and unnecessary regulatory requirements in many of the existing thirty-three administrative regulations. The net effect of the contemporaneous amendments to remaining administrative regulations and this repealer will be six consolidated, single subject administrative regulations that simplify and facilitate the processes, procedures, and requirements for the areas under the KBHC’s jurisdiction.

      (c) How this administrative regulation conforms to the content of the authorizing statutes: KRS 317A.060 and 317B.020 require the board to promulgate administrative regulations governing the operations of cosmetology, nail technology, and estheticians. This administrative regulation repealer removes redundancy in regulatory oversight while contemporaneous amendments to current regulations ensure continued consumer protection.

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation repealer will facilitate administration of KRS 317 for KBHC and will facilitate compliance by licensees through elimination of redundant and unnecessary regulations in light of contemporaneous amendments to 201 KAR 12:010, 12:030, 12:060, 12:082; 12:100, and 12:260.

      (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: This administrative regulation is a repealer.

      (b) The necessity of the amendment to this administrative regulation: This administrative regulation is a repealer.

      (c) How the amendment conforms to the content of the authorizing statutes: This administrative regulation is a repealer.

      d) How the amendment will assist in the effective administration of the statutes: This administrative regulation is a repealer.

      (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: There are approximately 38,000 various licensees (cosmetology students, cosmetology schools, cosmetology, nail technology, and esthetics salon owners/managers, and individual cosmetologists, nail technicians, and estheticians) affected by this administrative regulation.

      (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 administrative regulation repeals existing administrative regulations and does not impose any requirements on those regulated entities identified in question (3). This repealer is part of a comprehensive effort to simplify the existing regulatory framework of the KBHC and eliminate redundant and unnecessary regulations.

      (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 to licensees because of this repealer.

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): Kentucky’s regulatory framework for cosmetology students and schools, cosmetology salon owners, and individual cosmetologists, nail technicians, and estheticians will be far simpler, easier to navigate, and more closely aligned with similar licensing frameworks of other states.

      (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 administrative regulation.

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

      (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 administrative regulation.

      (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 required as a result of this administrative regulation.

      (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 administrative regulation.

      (9) TIERING: Is tiering applied? Tiering is not applied as the requirements of this administrative regulation apply equally to all affected entities and persons.

 

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? The 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.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.

      (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? This administrative regulation will not generate revenue for the state or local government 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? This administrative regulation will not generate revenue for the state or local government for subsequent years.

      (c) How much will it cost to administer this program for the first year? No additional cost is anticipated as a result of this administrative regulation.

      (d) How much will it cost to administer this program for subsequent years? No additional cost is anticipated as a result of this administrative regulation.

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

      Revenues (+/-): No impact

      Expenditures (+/-): No impact

      Other Explanation: None