STATEMENT OF EMERGENCY

201 KAR 12:082E

 

      During its 2017 regular session, the General Assembly passed House Bill 271, which amended provisions of the statutory scheme that regulates hairdressers and cosmetologists. See 2017 Ky. Acts ch. 99. Specifically, House Bill 271 amended KRS 317A.050(1) to reduce the total required hours of instruction from 1,800 to 1,500 for a cosmetology student to be eligible for an apprentice cosmetologist license. Additionally, it amended KRS 317A.090(3) to reduce the course curriculum requirement from 1,800 to 1,500 total hours for licensed cosmetology schools. Both changes align Kentucky with other states that similarly require 1,500 total hours of instruction for a cosmetologist license. House Bill 271 became effective on June 29, 2017. This emergency amendment is required to amend 201 KAR 12:082 to conform to KRS 317A.050(1) and KRS 317A.090(3), the recently amended statutes. See KRS 13A.190(1)(a)(3). 201 KAR 12:082 still requires an 1,800-hour curriculum for licensed schools of cosmetology despite the statutory reduction to 1,500 hours. Moreover, cosmetology schools in Kentucky have begun enrolling students into 1,500-hour programs based on the amended statute but without any modified curriculum in the corresponding administrative regulation. An emergency amendment to this administrative regulation will ensure that the regulatory scheme conforms to the current statute. It will also avoid licensed cosmetology schools jeopardizing their accreditation due to noncompliance with the current regulatory requirement and will provide certainty to all licensed cosmetology schools and prospective students. This emergency amendment to the administrative regulation shall be replaced by an ordinary amendment to be concurrently filed with the Regulations Compiler. The ordinary amendment is not identical to this emergency amendment. In addition to the reduction in instructional hours, the ordinary amendment also updates other aspects of course curriculum and eliminates unnecessary and duplicative language in the existing administrative regulation. These matters fall outside the scope of an emergency amendment.

 

MATTHEW G. BEVIN, Governor

R. KAY SWANNER, Chair

 

GENERAL GOVERNMENT CABINET

Kentucky Board of Hairdressers and Cosmetologists

(Emergency Amendment)

 

      201 KAR 12:082E. School's course of instruction.

 

      RELATES TO: KRS 317.050[(8)], 317A.090

      STATUTORY AUTHORITY: KRS 317A.060[(1)], 317A.090

      EFFECTIVE: October 13, 2017

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 317A.060(2)(e)[(1)] requires the board to promulgate administrative regulations governing the hours and courses of instruction at schools of cosmetology[, including their hours and courses of instruction]. KRS 317A.090 establishes the requirements for schools of cosmetology. This administrative regulation establishes requirements for the hours and courses of instruction of schools of cosmetology.

 

      Section 1. The regular courses of instruction for cosmetology students shall contain courses relating to the four (4) subject areas identified in this section. (1) The first area of courses shall relate to professional practices, which shall include:

      (a) The cosmetology profession:

      1. Cosmetology vocabulary;

      2. Brief history: how it began, and changes; and

      3. Ethics: ethics in a beauty salon; and salon conduct;

      (b) Salon procedures:

      1. Hygiene and good grooming:

      a. Personal and public;

      b. Personal characteristics; and

      c. Responsibilities of a cosmetologist;

      2. Professional attitudes and salesmanship:

      a. Personality development;

      b. Salesmanship and business management;

      c. Customer relationship; and

      d. Telephone personality;

      3. Public relations and psychology:

      a. Behavior; and

      b. Proper image; and

      (c) Specialty services:

      1. Facial treatments and make-up:

      a. Facial treatment/make-up preparation;

      b. Implements and supplies;

      c. Procedure in giving a plain facial;

      d. Purpose and effect of massage movements;

      e. Facial cosmetics;

      f. Special problems;

      g. Eyebrow arching; and

      h. Lash and brow dye and enhancements;

      2. Nail technology:

      a. Purpose and effect;

      b. Preparation;

      c. Equipment; and

      d. Procedures, including the following:

      (i) Plain manicure;

      (ii) Oil manicure;

      (iii) Removal of stains;

      (iv) Repair work;

      (v) Hand and arm massage;

      (vi) Buffing;

      (vii) Application of lacquer; and

      (viii) Application of artificial nails.

      (2) The second area of courses shall relate to life sciences (general anatomy), which shall include:

      (a) Osteology:

      1. Definition; and

      2. Functions;

      (b) Myology:

      1. Definition;

      2. Functions; and

      3. Types;

      (c) Neurology:

      1. Definition;

      2. Functions;

      3. Types (motor and sensory); and

      4. Principal nerves of the head, face and neck;

      (d) Angiology:

      1. Definition;

      2. Composition of blood; and

      3. Function of blood;

      (e) Dermatology:

      1. Structure of skin;

      2. Functions of skin;

      3. Appendages of skin;

      4. Conditions of the skin; and

      5. Lesions of the skin;

      (f) Trichology:

      1. Structure of hair;

      2. Composition;

      3. Blood and nerve supply;

      4. Growth and regeneration;

      5. Color;

      6. Texture;

      7. Elasticity;

      8. Porosity; and

      9. Conditions to be recognized;

      (g) Nails:

      1. Structure and composition;

      2. Growth and regeneration; and

      3. Irregularities.

      (3) The third area of courses shall relate to physical sciences (chemistry and treatment), which shall include:

      (a) Chemistry:

      1. Elements, compounds, and mixtures:

      a. Properties of;

      b. Acid and alkali; and

      c. Chemistry of water’

      2. Composition and uses of cosmetics:

      a. For the body;

      b. For the skin and face; and

      c. For the scalp and hair;

      3. Chemistry of hair lightening;

      4. Chemistry of hair coloring;

      5. Chemical hair relaxing;

      6. Chemistry of make-up;

      7. Chemistry of facial treatments;

      8. Chemistry of rinses:

      a. Soaps and shampoos; and

      b. Detergents; and

      9. Chemistry of cold waving;

      (b) Scalp and hair treatments:

      1. Purpose and effects;

      2. Preparation and procedure;

      3. Use of cap;

      4. Electricity and therapeutic ray; and

      5. Safety rules;

      (c) Shampoos and rinses:

      1. Importance of good shampoo;

      2. Purpose of effects;

      3. Required materials and implements;

      4. Brushing and drying;

      5. Types of shampoos;

      6. Rinses (not colored); and

      7. Composition;

      (d) Hair coloring:

      1. Principal reasons for coloring;

      2. Advantages of coloring;

      3. Classifications of hair coloring;

      4. Variation of products;

      5. Procedures; and

      6. Safety measures;

      (e) Hair lightening:

      1. Types of lighteners;

      2. Implements and supplies;

      3. Procedure;

      4. Special problems in hair lightening;

      5. Fillers and toners;

      6. Removal of aniline derivative tints; and

      7. Tint back to natural coloring;

      (f) Cold waving:

      1. Basic requirements;

      2. Scalp and hair analysis;

      3. Hair porosity;

      4. Hair texture;

      5. Hair elasticity;

      6. Hair density;

      7. Curling rods and chemicals;

      8. Variation of permanent wave products;

      9. Procedures;

      10. Problems; and

      11. Safety measures; and

      (g) Sterilization and sanitation:

      1. Definitions;

      2. Importance;

      3. Sterilization rules; and

      4. Methods of sterilization.

      (4) The fourth area of courses shall relate to hair designing or sculpturing, which shall include:

      (a) Hair shaping:

      1. Fundamentals of hair shaping;

      2. Correct use of tools;

      3. Designing and planning the hair cut;

      4. Sectioning and thinning;

      5. Razor and shear shaping;

      6. Wig shaping; and

      7. Safety precautions;

      (b) Hair styling:

      1. Finger waving;

      2. Pin curls;

      3. Hair partings;

      4. Artistry hair styling;

      5. Dressing of the coiffure;

      6. Special consideration in hair styling;

      7. Chemical hair relaxing and styling;

      8. Facial types; and

      9. Hair pressing and types of hot-iron curling; and

      (c) Care and styling of wigs:

      1. Purpose;

      2. Quality;

      3. Types of wigs;

      4. Ordering wigs;

      5. Cleaning;

      6. Shaping;

      7. Tinting and color rinsing;

      8. Setting; and

      9. Safety precautions.

 

      Section 2. A school shall teach the students about the various supplies and equipment used in the usual salon practices.

 

      Section 3. A school shall have the following charts or visual aids available for students' use:

      (1) Charts or visual aids showing anatomy of muscles of face and neck with special reference to the direction of muscle fibers and function of muscle or groups of muscles; and

      (2) Charts or visual aids showing anatomy of nails.

 

      Section 4. A student shall receive not less than 1,500[1,800] hours in clinical class work and scientific lectures with:

      (1) A minimum of 375[450 minimum lecture] hours for science and theory;

      (2) A minimum of 1,085[1,305 minimum] clinic and practice hours; and

      (3) A minimum of forty (40)[Forty-five (45)] hours on the subject of applicable Kentucky statutes and administrative regulations.

 

      Section 5. At least one (1) hour per week shall be devoted to the teaching and explanation of the Kentucky law as set forth in KRS Chapter 317A and the administrative regulations of the board.

 

      Section 6. A school of cosmetology shall maintain and teach the curriculum established in this section. (1) The curriculum for freshmen students shall be:

      (a) Theory and related theory class, seventy five (75)[100] hours, which shall include:

      1. General theory, including Kentucky cosmetology law and applicable administrative regulations promulgated thereunder;

      2. Clinical theory; and

      3. Lecturing theory; and

      (b) Clinical and related theory class (freshman practice class on students or mannequins), 175[200] hours, which shall include:

      1. Cold waves;

      2. Facials and make-up;

      3. Complete "S" formations or complete finger waves;

      4. Pin curl technique;

      5. Hair shaping;

      6. Hair styling techniques;

      7. Lash and brow tint and enhancements;

      8. Eyebrow arches;

      9. Nail technology;

      10. Scalp treatments;

      11. Shampooing;

      12. Hair coloring, bleaching, and rinsing (mixing and formulas);

      13. Heat permanent;

      14. Safety measures.

      (2) The curriculum for junior and senior students shall be:

      (a) Theory and related theory class, 250[500] hours, including:

      1. Professional practices;

      2. Life sciences (general anatomy);

      3. Physical sciences (chemistry and treatment);

      4. Hair designing safety measures; and

      5. Kentucky cosmetology laws and applicable administrative regulations; and

      (b) Clinical class, 1,000 hours, including:

      1. Hair conditioning treatments;

      2. Scalp treatments;

      3. Hair shaping;

      4. Shampoos;

      5. Cold waves;

      6. Chemical hair relaxing (permanent wave);

      7. Complete "S" formation and complete finger waves;

      8. Pin curl techniques;

      9. Hair styles;

      10. Iron curling;

      11. Hair coloring and toning;

      12. Bleaches and frostings;

      13. Facials and make-up;

      14. Nail technology;

      15. Lash and brow tints and enhancements;

      16. Eyebrow arches;

      17. Color rinses (certified color);

      18. Wiggery;

      19. Professional ethics and good grooming;

      20. Salesmanship;

      21. Reception desk and telephone answering;

      22. Recordkeeping;

      23. Dispensary (procedures for ordering supplies and retail merchandise);

      24. Personality development;

      25. Salon management; and

      26. Public relations.

 

      Section 7. In addition to the regular course of instruction, a cosmetology school may have two (2) related lectures and demonstrations per month.

 

      Section 8. Time not utilized in theory or clinic work shall be used for study periods or library work.

 

      Section 9. A school shall furnish students text books that:

      (1) Have been approved by the board; and

      (2) Are in paper or electronic format.

 

      Section 10. A student of cosmetology shall not be permitted to work on the public until the student has completed 250 [300] hours of instruction.

 

      Section 11. A student of cosmetology shall be allowed a total of sixteen (16) hours for out-of-school activities pertaining to the profession of cosmetology per 1,500[1,800] hours, not to exceed eight (8) hours per day, if it is reported within ten (10) days of the field trip or education show to the board office on the "Certification of Cosmetology Field Trip[*] Hours" form, or "Certification of Cosmetology Student Education Show[*] Hours" form, as appropriate.

 

      Section 12. A student of cosmetology shall be allowed a total of sixteen (16) hours for attending educational programs per 1,500 [1,800] hours, not to exceed eight (8) hours per day, if it is reported within ten (10) days of the field trip or education show to the board office on the "Certification of Cosmetology Field Trip Hours" form, or "Certification of Cosmetology Student Education Show Hours" form, as appropriate.

 

      Section 13. A copy of the Kentucky State Board of Hairdressers and Cosmetologists' statutes and administrative regulations shall be made available to all students.

 

      Section 14. The nail technician curriculum shall include the following:

      (1) Science and theory, 200 hours, which shall include:

      (a)1. Equipment;

      2. Sterilization;

      3. Sanitation;

      4. Chemistry and types of artificial nails;

      5. Public and personal hygiene safety measures; and

      6. Statutes and administrative regulations governing cosmetology and nail technology;

      (b) Nail condition and manicure techniques;

      (c) Hand and arm massage;

      (d) Science pertaining to areas of hands and arms;

      (e)1. Personality;

      2. Grooming;

      3. Salon management;

      4. Professional ethics; and

      5. Cosmetic theory laws;

      (f) Nails:

      1. Structure and composition;

      2. Growth and regeneration; and

      3. Irregularities; and

      (2) Clinical, 400 hours, which shall include:

      (a) Oil and plain manicure;

      (b) Nail polish changes:

      1. Nail polish changes;

      2. Moons;

      3. Half-moons; and

      4. Tips;

      (c) Hand and arm massage;

      (d) Safety measures;

      (e) Care of equipment;

      (f) Removal of stains;

      (g) Repair work including wraps and tips;

      (h) Buffing;

      (i) Application of lacquer; and

      (j) Application of artificial nails.

 

      Section 15. The course of study and curriculum for an apprentice instructor shall include as a minimum, for a total of 1,000 hours, the following:

      (1) Orientation, fifteen (15) hours;

      (2) Psychology of student training, fifty (50) hours;

      (3) Introduction to teaching, thirty (30) hours;

      (4) Good grooming and personality development, fifty (50) hours;

      (5) Course outlining and development, forty (40) hours;

      (6) Lesson planning, forty-five (45) hours;

      (7) Teaching techniques (methods), eighty (80) hours;

      (8) Teaching aids, audio-visual techniques, eighty (80) hours;

      (9) Demonstration techniques, fifty-five (55) hours;

      (10) Examinations and analysis, sixty (60) hours;

      (11) Classroom management, forty-five (45) hours;

      (12) Recordkeeping, twenty-five (25) hours;

      (13) Teaching observation, sixty-five (65) hours;

      (14) Teacher assistant, ninety (90) hours; and

      (15) Pupil teaching (practice teaching), 270 hours.

 

      Section 16. An apprentice instructor shall be under the immediate supervision and instruction of a licensed instructor during the school day. An apprentice instructor shall not assume the duties and responsibilities of a licensed supervising instructor.

 

      Section 17. All records of apprentice instructors' hours earned shall be recorded on the Monthly Attendance Report form supplied by the board office on or before the tenth day of each month.

 

      Section 18. The board may permit an individual to enroll in a school for a special brush-up course in any of the following subjects:[:]

      (1) Permanent waving, and all chemical control;

      (2) Nail technology, hand and arm massage, and application of artificial nails;

      (3) All iron curls;

      (4) Facials;

      (5) Hair coloring and bleaching;

      (6) Scalp massage;

      (7) Hair shaping, trimming, and thinning;

      (8) Science; or

      (9) Hair dressing and styling.

 

      Section 19. Incorporation by Reference. (1) The following material is incorporated by reference:

      (a) "Certification Of Cosmetology Field Trip[*] Hours", 2003;

      (b) "Certification Of Cosmetology Student Education Show[*] Hours", 2003; and

      (c) The "Monthly Attendance Report" Form, 2003.

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at Kentucky State Board of Hairdressers and Cosmetologists, 111 St. James Court, Suite A, Frankfort Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

 

R. KAY SWANNER, Board Chair

      APPROVED BY AGENCY: October 12, 2017

      FILED WITH LRC: October 13, 2017 at 10 a.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

 

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 the hours and courses of instruction, reporting, education requirements, and administrative functions required by students and faculty for schools of cosmetology.

      (b) The necessity of this administrative regulation: This administrative regulation is necessary to guarantee a standardization of education for licensed cosmetology schools that complies with state statutes.

      (c) How this administrative regulation conforms to the content of the authorizing statutes: KRS 317A.060 requires the board to promulgate administrative regulations setting the hours and course of instruction for cosmetology schools. This administrative regulation must be amended to comply with recent statutory amendments to KRS 317A.050 and 317A.090 reducing the curriculum requirements for cosmetology schools from 1,800 to 1,500 instructional hours.

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: The regulation outlines and defines education standards and the number and content of course hours required to meet the education standards necessary for licensing exams in the Commonwealth by the Kentucky Board of Hairdressers and Cosmetologists. The General Assembly has determined that Kentucky now requires a minimum of 1,500 instructional hours for licensing as an apprentice cosmetologist. This amendment implements that reduction into the course curriculum of licensed cosmetology schools.

      (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: The amendment will reduce the current curriculum from 1,800 to 1,500 hours to comport with the recent amendments to KRS 317A.050 and 317A.090.

      (b) The necessity of the amendment to this administrative regulation: This amendment is required to comply with House Bill 271, which amended KRS 317A.050 and 317A.090. KRS 317A.060(2)(e) requires the Board to promulgate administrative regulations addressing the hours and courses of instruction at cosmetology schools. This amendment will conform the regulation to the statutory amendment reducing the curriculum to 1,500 hours, which has been effective since June 29, 2017.

      (c) How the amendment conforms to the content of the authorizing statutes: This amendment provides curriculum guidelines for education based on the current statutory requirement of 1,500 hours of instruction.

      (d) How the amendment will assist in the effective administration of the statutes: This amendment will provide a regulatory scheme for licensed cosmetology schools that is consistent with the statute.

      (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 and approximately 10,000 students 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: Licensed cosmetology schools have already begun enrolling students into program using a 1,500-hour curriculum. However, this amendment is necessary to ensure that licensed schools are provided the necessary regulatory guidance and may maintain their current accreditation by national associations. Schools will provide students a course curriculum that is consistent with the statutes and regulation.

      (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 licensed schools because of this amendment. Schools have already shifted their course curriculum to 1,500-hour program to comply with the statute.

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): Licensed schools will be able to continue enrolling students into program based upon the statutory 1,500-hour curriculum requirement. Kentucky’s regulatory scheme for cosmetologist licenses will fully comply with its authorizing statutes, and be more closely aligned with similar licensing schemes 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.

      (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 at this time.

      (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 regulation.

      (9) TIERING: Is tiering applied? Tiering is not applied as the requirements of this regulation apply to all cosmetology schools and students.

 

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.060, KRS 317A.090, and KRS 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. None.

      (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 funds will be raised.

      (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 funds will be raised.

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

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

      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.