GENERAL GOVERNMENT CABINET

Kentucky Board of Hairdressers and Cosmetologists

(Amendment)

 

††††† 201 KAR 12:082. Education requirements and school administration[School's course of instruction].

 

††††† RELATES TO: KRS 317A.020, 317A.050[(8)], 317A.090

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

††††† 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, reporting, education requirements, and administrative functions required for students and faculty for[of] schools of cosmetology.

 

††††† Section 1. Subject Areas. The regular courses of instruction for cosmetology students shall contain courses relating to the[four] subject areas identified in this section.

††††† (1) Basics:

††††† (a) History and Career Opportunities;

††††† (b) Life Skills;

††††† (c) Professional Image; and

††††† (d) Communications.

††††† (2) General Sciences:

††††† (a) Infection Control: Principles and Practices;

††††† (b) General Anatomy and Physiology;

††††† (c) Skin Structure, Growth and Nutrition;

††††† (d) Skin Disorders and Diseases;

††††† (e) Properties of the Hair and Scalp;

††††† (f) Basic Chemistry; and

††††† (g) Basics of Electricity.

††††† (3) Hair Care:[The first area of courses shall relate to professional practices, which shall include]

††††† (a) Principles of Hair Design;[The cosmetology profession:]

††††† (b) Scalp Care, Shampooing and Conditioning;

††††† (c) Hair Cutting;

††††† (d) Hair Styling;

††††† (e) Braiding and Braid Extensions;

††††† (f) Wig and Hair Additions;

††††† (g) Chemical Texture Services; and

††††† (h) Hair Coloring.

††††† (4) Skin Care:

††††† (a) Hair Removal;

††††† (b) Facials; and

††††† (c) Facial Makeup.

††††† (5) Nails:

††††† (a) Manicuring;

††††† (b) Pedicuring;

††††† (c) Nail Tips and Wraps;

††††† (d) Monomer Liquid and Polymer Powder Nail Enhancements; and

††††† (e) Light Cured Gels.

††††† (6) Business Skills:

††††† (a) Preparation for Licensure and Employment;

††††† (b) On the Job Professionalism; and

††††† (c) Salon Businesses.[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 waterí

††††† 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 of cosmetology 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 3[4]. A cosmetology 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.

††††† (4) A student of cosmetology shall not be permitted to perform chemical services on the public until the student has completed a minimum of 250 hours of instruction.

 

††††† Section 4. Training Period. (1) A training period for a student shall:

††††† (a) Be no more than eight (8) hours per day, forty (40) hours per week, and;

††††† (b) A student shall be allowed thirty (30) minutes per eight (8) hour day for meals or a rest break. This thirty (30) minute period shall not be credited toward a studentís instructional hours requirement.

 

††††† Section 5. Laws and Regulations. 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, 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), 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, 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 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 1,800 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 1,800 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 6[14]. Nail Technician Curriculum. The nail technician course of instruction[curriculum] shall include the following:

††††† (1) Basics:

††††† (a) History and Opportunities;

††††† (b) Life Skills;

††††† (c) Professional Image; and

††††† (d) Communications.

††††† (2) General Sciences:

††††† (a) Infection Control: Principles and Practices;

††††† (b) General Anatomy and Physiology;

††††† (c) Skin Structure and Growth;

††††† (d) Nail Structure and Growth;

††††† (e) Nail Diseases and Disorders;

††††† (f) Basics of Chemistry;

††††† (g) Nail Product Chemistry; and

††††† (h) Basics of Electricity.

††††† (3) Nail Care:

††††† (a) Manicuring;

††††† (b) Pedicuring;

††††† (c) Electric Filing;

††††† (d) Nail Tips and Wraps;

††††† (e) Monomer Liquid and Polymer Powder Nail Enhancements;

††††† (f) UV and LED Gels; and

††††† (g) Creative Touch.

††††† (4) Business Skills:

††††† (a) Seeking Employment;

††††† (b) On the Job Professionalism; and

††††† (c) Salon Businesses.[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 7. Nail Technology Hours Required. (1) A student of nail technology shall receive no less than 600 hours in clinical and theory class work with:

††††† (a) A minimum of 210 lecture hours for science and theory;

††††† (b) A minimum of twenty-five (25) hours on the subject of applicable Kentucky statutes and administrative regulations; and

††††† (c) A minimum of 365 clinic and practice hours.

††††† (2) A student of nail technology shall have completed eighty (80) hours in clinical and related theory class before working on and providing services to the general public. Clinical practice shall be performed on other students or mannequins during the first eighty (80) hours.

 

††††† Section 8[15]. Apprentice Cosmetology Instructor Curriculum. The course of instruction[study and curriculum] for an apprentice cosmetology instructor shall include no less than[as a minimum, for a total of] 1,000 hours, 425 hours of which must be in direct contact with students, in 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 professional[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 9[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 10[18]. Schools may enroll persons[The board may permit an individual to enroll in a school] for a special brush-up course in any subject. [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 11. Esthetician Curriculum. The regular course of instruction for esthetician students shall consist of courses relating to the subject areas identified in this section.

††††† (1) Basics:

††††† (a) History and Career Opportunities;

††††† (b) Professional Image; and

††††† (c) Communication.

††††† (2) General Sciences:

††††† (a) Infection Control: Principles and Practices;

††††† (b) General Anatomy and Physiology;

††††† (c) Basics of Chemistry;

††††† (d) Basics of Electricity; and

††††† (e) Basics of Nutrition.

††††† (3) Skin Sciences:

††††† (a) Physiology and Histology of the Skin;

††††† (b) Disorders and Diseases of the Skin;

††††† (c) Skin Analysis; and

††††† (d) Skin Care Products: Chemistry, Ingredients, and Selection.

††††† (4) Esthetics:

††††† (a) Treatment Room;

††††† (b) Basic Facials;

††††† (c) Facial Message;

††††† (d) Facial Machines;

††††† (e) Hair Removal;

††††† (f) Advanced Topics and Treatments; and

††††† (g) Makeup.

††††† (5) Business Skills:

††††† (a) Career Planning;

††††† (b) The Skin Care Business; and

††††† (c) Selling Products and Services.

 

††††† Section 12. Esthetician Hours Requirements. (1) A student of esthetics shall not receive no less than 1,000 hours in clinical and theory class work with:

††††† (a) A minimum of 365 lecture hours for science and theory;

††††† (b) A minimum of thirty-five (35) hours on the subject of applicable Kentucky statutes and administrative regulations; and

††††† (c) A minimum of 600 clinic and practice hours.

††††† (2) A student of esthetics shall have completed 150 hours in clinical and related theory class before providing services to the general public. Clinical practice shall be performed on other students or mannequins during the first 150 hours.

 

††††† Section 13. Extracurricular Events. Each cosmetology, nail technician, and esthetician student shall be allowed up to sixteen (16) hours for field trip activities pertaining to the profession of study, sixteen (16) hours for attending educational programs, and sixteen (16) hours for charitable activities relating to the field of study, totaling not more than forty-eight (48) hours and not to exceed eight (8) hours per day. Attendance or participation must be reported to the board within ten (10) business days of the field trip, education show, or charitable event on the Certification of Student Extracurricular Event Form.

 

††††† Section 14. Student Records. (1) Each school shall maintain a daily attendance record for all full-time students, part-time students, and apprentice instructors.

††††† (2) Each school shall keep a record of each studentís practical work and work performed on clinic patrons.

††††† (3) Each school shall maintain a detailed record of all student enrollments, withdrawals, and dismissals for a period of five (5) years.

††††† (4) Each school shall make records required by this Section available to the board and its employees upon request.

 

††††† Section 15. Certification of Hours. (1) Schools shall forward digital certification of a studentís hours completed within ten (10) business days of a studentís withdrawal, dismissal, completion, or the closure of the cosmetology school.

††††† (2) No later than the 10th day of each month, a cosmetology school shall submit to the board via electronic delivery a certification of each studentís total hours obtained for the previous month and the total accumulated hours to date for all students enrolled. Amended reports shall not be accepted by the board without satisfactory proof of error.

 

††††† Section 16. No Additional Fees. Schools shall not charge students additional fees beyond the contracted amount.

 

††††† Section 17. Instructor Licensing and Responsibilities. (1) A person employed by a cosmetology school for the purpose of teaching or instruction shall be licensed by the board as a cosmetologist instructor and properly shall post his or her license as required in 201 KAR 12.060.

††††† (2) A licensed instructor or apprentice instructor shall supervise all students during a class or practical student work.

††††† (3) An instructor or apprentice instructor shall render services only incidental to and for the purpose of instruction.

††††† (4) Cosmetology schools shall not permit an instructor to perform cosmetology services in the school for compensation during school hours.

††††† (5) An instructor shall not permit students to instruct or teach other students in the instructorís absence.

††††† (6) Except as provided in subsection (7) of this section, schools may not permit a demonstrator to teach in a school of cosmetology.

††††† (7) A properly qualified, licensed individual may demonstrate a new process, preparation, or appliance in the presence of a licensed instructor in a licensed school.

 

††††† Section 18. School Patrons. All services rendered in a cosmetology school to the public shall be performed by students. Instructors may teach and aid the students in performing the various services.

 

††††† Section 19. Enrollment. (1) Any person enrolling in a school for a cosmetology, nail technician, or esthetics course shall furnish proof that the applicant has:

††††† (a) A high school diploma,

††††† (b) A General Educational Development (GED) diploma; or

††††† (c) Results from the Test for Adult Basic Education indicating a score equivalent to the successful completion of the twelfth grade of high school.

††††† (2) The applicant shall provide with the enrollment a passport photograph taken within thirty (30) days of submission of the application.

††††† (3) A student enrolling in a school of cosmetology who desires to transfer hours from an out of state cosmetology school shall, prior to enrollment, provide to the board certification from the state agency that governs the out of state cosmetology school the credit hours obtained in that state.

††††† (4) If the applicant is enrolled in a board approved cosmetology program at an approved Kentucky high school, the diploma, GED, or equivalency requirement this Section is not necessary until examination.

 

††††† Section 20. Certificate of Enrollment. Schools shall submit to the board the studentís digital enrollment, accompanied by the applicant's proof of education above, within ten (10) business days of enrollment.

 

††††† Section 21. Student Compensation. Schools shall not pay a student a salary or commission while the student is enrolled at the school.

 

††††† Section 22. Transfer. A student desiring to transfer to another cosmetology school shall:

††††† (1) Notify the school in which the student is presently enrolled of the student's withdrawal; and

††††† (2) Complete a digital enrollment as required for the new school.

 

††††† Section 23. Refund Policy. A school shall include the school's refund policy in school-student contracts.

 

††††† Section 24. Student Complaints. A student may file a complaint with the board concerning the school in which the student is enrolled, by following the procedures outlined in 201 KAR 12:060.

 

††††† Section 25. Student Leave of Absence. (1) The school shall report a studentís leave of absence to the board within ten (10) business days. The leave shall be reported:

††††† (a) In writing from the student to the school; and

††††† (b) Clearly denote the beginning and end dates for the leave of absence.

 

††††† Section 26. Student Withdrawal. Within ten (10) business days from a student's withdrawal, a cosmetology school shall report the name of the withdrawing student to the board.

 

††††† Section 27. Laws and Regulation Material. A cosmetology school shall provide an informational copy of KRS Chapter 317A and 201 KAR Chapter 12 to each student upon enrollment.

 

††††† Section 28. Credit for hours completed. (1) The board shall credit hours previously completed in a licensed school of cosmetology as follows:

††††† (a) Full credit (hour for hour) for hours completed within five (5) years of the date of school enrollment;

††††† (b) No credit for hours completed five (5) or more years from the date of school enrollment.

 

††††† Section 29[19]. Incorporation by Reference. (1) The following material is incorporated by reference: "Certification of Student Extracurricular Event Form" Form, September 2017[(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.

††††† PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on November 21, 2017, at 9:00 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 was 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 November 30, 2017. 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 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: This administrative regulation must be amended to comply with recent statutory amendments to KRS 317A.050 and 317A.090. Those amendments reduced 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 quantity of course hours required to meet the education standards necessary for licensing exams in the Commonwealth by the Kentucky Board of Hairdressers and Cosmetologists.

††††† (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. In addition to the reduction in instructional hours, this amendment also updates other aspects of course curriculum and eliminates unnecessary and duplicative language in the existing regulation.

††††† (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. Kentuckyís 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.050, KRS 317A.060, 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.