GENERAL GOVERNMENT

Kentucky Board of Hairdressers and Cosmetologists

(As Amended at ARRS, February 12, 2018)

 

      201 KAR 12:060. Inspections[Compliance][Inspections].

 

      RELATES TO: KRS[317A.050,] 317A.060,[317A.070,] 317A.140,[317A.145,] 317B.020,[317B.045, 317B.050, 317B.055][317B.025]

      STATUTORY AUTHORITY: KRS 317A.060, 317B.020

      NECESSITY, FUNCTION, AND CONFORMITY: KRS [317A.050,] 317A.060[,] and 317B.020 require the board to promulgate administrative regulations governing the operation of any schools and salons of cosmetology, nail technology, threading, 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, threading, and esthetics.[It also provides for inspection requirements, licensee ethical standards, and complaint processes and hearing procedures.]

 

      Section 1. Public Display. (1)(a) Each[licensed facility,] licensee or permit holder shall attach his or her picture to the license or permit[as required by this Chapter] and place it in a conspicuous area in the salon or school.

      (b) Each licensed facility’s license shall be posted in a conspicuous area with the information required by this subsection.

      (2) A conspicuous area shall be visible to the public and shall include:

      (a) The main entrance door or window of the premises; and

      (b) The workstation of the employee.

      (3) A salon or school manager shall have the manager’s license posted with a picture in a conspicuous area at all times.

      (4) A school shall, at all times, display in a centralized conspicuous public place the student permits of all students enrolled.

      (5) Each licensed salon, facility, or school shall post the most recent inspection report in a conspicuous area.

 

      Section 2. Inspections. (1) Any board member, administrator, or inspector may enter any establishment licensed by this board or any place purported to be practicing cosmetology, nail technology, threading, or esthetics, during normal working hours or at any time when the establishment is open to the public, for the purpose of determining if an individual, salon, or school is complying with KRS Chapter 317A or 317B, and 201 KAR Chapter 12.

      (2) A board member, administrator, or inspector may require the licensee or permittee to produce for inspection and copying books, papers, or records required by the board or pertaining to licensed activity.

      (3) Each establishment licensed by the board shall be inspected a minimum of two (2) times per year.

      (4) A salon or school shall schedule an inspection of the salon or school after an inspector twice attempts, but is unable, to inspect the salon or school.

      (5) Failure of the salon or school owner or manager to schedule an inspection within thirty (30) days of two (2) failed inspection attempts shall constitute unprofessional conduct.

      (6) The owner and manager of each establishment licensed by the board shall be responsible for compliance with KRS Chapters 317A and 317B, and 201 KAR Chapter 12.[Section 2.(1) Each licensee or permit holder shall attach his or her picture to the license or permit and place it in a conspicuous area in the salon or school.

      (2) A conspicuous area shall be visible to the general public and shall include:

      (a) The main entrance door or window of the premises;

      (b) The work station of the employee or independent contractor; or

      (c) A public area within twenty (20) feet of the main entrance.

      (3) A manager shall have the manager’s license posted with a picture in a conspicuous area at all times.

      (4) A salon or school shall post its license without a picture in a conspicuous area at all times.

      Section 3.(1) Each salon or school shall post the most recent inspection report in a conspicuous area in the salon or school.

      (2) A conspicuous area shall be visible to the general public and shall include:

      (a) The main entrance door or window of the premises; or

      (b) A public area within twenty (20) feet of the main entrance.

 

      Section 4.(1) Each establishment 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 shall be responsible for compliance with KRS Chapters 317A and 317B, and 201 KAR Chapter 12.]

 

      Section 3.[5.] Unprofessional Conduct.[(1)] Unprofessional conduct under KRS 317A.140 includes the following:

      (1)[(a)] Intentionally withholding information or lying[It shall be unprofessional conduct to withhold information or lie] to a board member or board employee[an inspector] who is conducting a lawful inspection or investigation of an alleged or potential violation of KRS Chapter 317A or 317B, or 201 KAR Chapter 12;

      (2)[(b)] A [Section 6.(1) A salon or school shall schedule an inspection of the salon or school after an inspector twice attempts, but is unable, to inspect the salon or school.

      (2) Failure of the owner or manager to schedule an inspection within thirty (30) days of two (2) attempts to inspect shall constitute unprofessional conduct.

 

      Section 7. (1) It shall be unprofessional conduct for a]salon or school remaining [to remain] open to the public if[it is] not appropriately licensed by the board;

      (3)[(c)] Providing[.

      (2) It shall be unprofessional conduct for a person to provide] cosmetology, nail technology, esthetic, or threading services unless appropriately licensed or permitted by the board under 201 KAR Chapter 12; or[.]

      (4)[(d)] Failure to comply with the lawful request of the board, or the board administrator, inspector, or agent for the following:

      (a)[1.] Permit inspection of the licensed premises; or

      (b)[2.] Permit inspection of or the copying or production of books, papers, documents, or records of information or material pertaining to activity licensed by the board or related to the provisions of KRS Chapter 317A, Chapter 317B, or the administrative regulations promulgated by the board.

 

      Section 4.[Demonstration Permits. Professional services performed outside a licensed facility must have approval of the board and display the proper permit. Permits may be obtained by completing the Demonstration Permit Application and paying the applicable fee set forth in 201 KAR 12:260.

 

      Section 5.] Signage. 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 the establishment.[Section 6. School Requirements. (1) A licensed school of cosmetology shall have all equipment and supplies needed to meet the curriculum outlined in 201 KAR 12:082.

      (2) A licensed cosmetology school shall be physically separated from any other place of business.

      (3) A licensed cosmetology school shall maintain, at a minimum, the following physical characteristics:

      (a) At least 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;

      (b) At least 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

      (c) A reasonable amount of area allotted for training of students in all areas other than those previously mentioned.

      (4) All licensed cosmetology schools shall have a separate room for demonstration and study. This room shall have all necessary equipment to carry out the curriculum, a blackboard or smartboard, and classroom chairs or desks for the students' use.

      (5) All licensed cosmetology schools shall maintain sufficient lavatory facilities for student enrollment.

      (6) Booths or partitions in the student clinical area shall be low enough to permit observation of students while they are working.

      (7) Each licensed cosmetology school shall furnish a supply or dispensing room for which each student shall obtain actual experience for a period of time as indicated by the course of instruction.

      (8) The supply room shall contain additional supplies and products necessary to follow the educational curriculum as prescribed in 201 KAR 12:082 and meet the sanitation standards set forth in 201 KAR 12:100.

      (9) A licensed cosmetology school shall not guarantee a student’s work.

      (10) Within ten (10) business days of the termination, employment, or other change in school faculty personnel, a licensed cosmetology school shall notify the board of the change.

      (11) Licensed cosmetology schools shall, at all times, maintain a minimum faculty to student ratio of one (1) instructor for every twenty (20) cosmetology, nail technology, or esthetician students enrolled.

      (12) The board may approve a licensed cosmetology school to offer an esthetics course if the school maintains the following minimum equipment and supplies:

      (a) A private student changing area;

      (b) A minimum of one (1) fully equipped facial machine in the esthetics area;

      (c) One (1) sink in the clinic area with hot and cold running water;

      (d) One (1) steamer for hot towels;

      (e) Sharps container; and

      (f) All necessary supplies and products to meet the educational curriculum as prescribed in 201 KAR 12:082. All such supplies and products must also meet the sanitation standards set forth in 201 KAR 12:100.

 

      Section 7. Code of Ethics. A licensee shall:

      (1) Provide competent professional services to the consumer;

      (2) Provide a clear explanation of the services offered and the cost of those services;

      (3) Follow appropriate disinfection and sanitation requirements as established in KRS Chapter 317A and 317B and the administrative regulations promulgated thereunder;

      (4) Follow proper health profile procedures before application of any product;

      (5) Perform a thorough evaluation and consultation for each client to determine if the procedure or product is appropriate before application; and

      (6) Discuss and outline realistic expectations with the client after the evaluation.

 

      Section 8. Esthetic Restrictions. (1) An esthetician licensed by the board may not perform any of the activities listed in KRS 317B.015(1) unless under the immediate supervision of a licensed physician. "Immediate supervision" is defined as situations where a licensed physician is physically present in the same room and overseeing the activities of the esthetician at all times.

      (2) Glycolic peels are limited as follows. A glycolic peel is defined as a cosmetic resurfacing exfoliating substance which includes cosmetic use of the following:

      (a) Mixtures of thirty (30) percent alpha hydroxy acid (AHAs which include glycolic and lactic acids with a pH of three (3.0) or higher);

      (b) Zero percent beta hydroxy acid (BHAs which include salicylic acid with a pH of three (3.0) or higher);

      (c) Trichloroacetic acid (TCA) with levels less than twenty (20) percent; and

      (d) Jessner's solutions fourteen (14) percent salicylic acid, lactic acid, and two (2) percent resorcinol.

      (3) Glycolic peels exclude all other chemical and mechanical exfoliation or peeling procedures and substances, including:

      (a) Carbolic acid (phenol); and

      (b) Products listed above that exceed the stated maximum levels or combinations thereof.

      (4) Other prohibited practices include the following:

      (a) Lancets when used to penetrate the stratum corneum or remove hair or the use of lancets with blades two (2) millimeters or more;

      (b) The use of all adulterated chemical exfoliating or peeling substances;

      (c) The use of devices that penetrate beyond the stratum corneum of the epidermis; and  

      (d) The use of FDA Class II devices.

 

      Section 9. Complaint and Disciplinary Process. (1) "Complaint" means any writing received by the board, which contains the name of the complainant and alleges a violation of KRS Chapter 317A, KRS Chapter 317B, or 201 KAR Chapter 12 by a licensee.

      (2) Complaints against a person or establishment licensed by the board shall be submitted on the board’s Complaint Form, signed by the person making the complaint, and describe with sufficient detail the alleged violation(s) of KRS Chapter 317A, 317B, or the administrative regulations promulgated by the board. The Complaint Form shall be made available on the board’s website.

      (3) The board may, at any time, on its own volition conduct an investigation or inspection and initiate a complaint against licensee for a violation of KRS Chapter 317A, Chapter 317B, or 201 KAR Chapter 12.

      (4) A copy of the complaint shall be provided to the licensee along with a written request for the licensee’s response to the complaint. The licensee shall have ten (10) days from the date of receipt to submit a written response. The board may forward a copy of the licensee’s written response to the complainant with instructions to submit a written reply within seven (7) days of receipt of the response.

      (5) The board shall review the complaint, the response, and any reply, and any other relevant information or material available and take action, as it deems necessary.

      (6) Any board member who has participated in the investigation of a complaint or who has substantial personal knowledge of facts concerning the complaint, which could influence an impartial decision, shall disqualify himself or herself from participating in the adjudication of the complaint.

      (7) If, in the opinion of the board, it finds a violation of KRS Chapter 317A, Chapter 317B, or the administrative regulations promulgated by the board, but the violation is minor in nature, the board may issue a written admonishment to the licensee.

      (a) A copy of the admonishment shall be placed in the board’s permanent file of the licensee.

      (b) The licensee shall have the right to file a written response to the admonishment within thirty (30) days of its receipt and may have it placed with the admonishment in the licensee’s permanent file.

      (8) The board may discipline an applicant, licensee, or permittee by fine, reprimand, refusal to issue or renew a license, or by suspending or revoking a license or permit, or imposing probationary conditions or any combination thereof. The board may impose discipline based upon the grounds set forth in KRS 317A.140 or violation of KRS Chapter 317A, Chapter 317B, or the administrative regulations promulgated by the board.

      (9) If the board finds that grounds for discipline exist, it shall send written notice informing the applicant, licensee, or permittee of the following:

      (a) The nature of the discipline to be imposed;

      (b) The grounds upon which potential discipline is based;

      (c) The right to request a hearing under KRS Chapter 13B;

      (d) The right to be represented by counsel;

      (e) The right to present witnesses on his or her behalf; and

      (f) The right to cross-examine any opposing witnesses.

      (10) Within twenty (20) days of receipt of the board’s notice, an applicant, licensee, or permittee may request, in writing, a hearing before the board takes final action. Hearings shall be conducted in accordance with KRS Chapter 13B.

      (11) At any time during the investigative or hearing processes, the board may enter into an agreed order of settlement or accept an assurance of voluntary compliance as resolution of a complaint.

      (12) The board may resolve disciplinary matters through informal means including mediation.

 

      Section 10. Incorporation by Reference. (1) The following material is incorporated by reference:

      (a) "Demonstration Permit Application", October 2017; and

      (b) "Complaint Form", September 2017, 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.]

 

R. KAY SWANNER, Board Chair

      APPROVED BY AGENCY: December 12, 2017

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

      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.