KRS § 317A.050 — KY Code / Title XXVI / Chapter 317A / Section 317A.050
317A.050 Qualifications for licenses and permits -- Temporary event services permit
Status: in_force

317A.050 Qualifications for licenses and permits -- Temporary event services

permit.

(1) All applicants for licensure under this chapter shall meet the following minimum

requirements:

(a) Be of good moral character and temperate habit;

(b) Be at least eighteen (18) years of age;

(c) Have a high school diploma, a High School Equivalency Diploma, or results

from the Test for Adult Basic Education indicating a score equivalent to the

twelfth grade of high school; and

(d) Have submitted the completed application along with the required license fee

as set forth in administrative regulation.

(2) Notwithstanding any provision to the contrary, the board may refuse to grant a

license to any applicant who fails to comply with the provisions of this chapter or

any administrative regulations promulgated by the board.

(3) The board shall issue a cosmetologist license to any person who:

(a) Has official certification from the state board or agency that certifies

cosmetology schools that the applicant has graduated from a licensed school

of cosmetology requiring one thousand five hundred (1,500) hours within five

(5) years of enrolling within the school; and

(b) Has satisfactorily passed an examination prescribed by the board to determine

fitness to practice cosmetology.

(4) The board shall issue an esthetician license to any person who:

(a) Has satisfactorily completed seven hundred fifty (750) hours of instruction in

a licensed school approved by the board; and

(b) Has received a satisfactory grade on an examination prescribed by the board to

determine fitness to practice as an esthetician.

(5) The board shall issue a license to act as a nail technician to any person who:

(a) Has official certification from the state board or agency that certifies

cosmetology schools that the applicant has completed satisfactorily a nail

technician course of study of four hundred fifty (450) hours in a licensed

school of cosmetology within five (5) years of submitting an application for

licensure; and

(b) Has satisfactorily passed an examination prescribed by the board to determine

fitness to practice as a nail technician.

(6) The board shall issue a license to operate a salon as follows:

(a) The board shall issue a license to operate a beauty salon to any licensed

cosmetologist. An owner who is not a licensed cosmetologist shall have a

licensed cosmetologist as manager of the beauty salon at all times. If the

owner, manager, or location of a beauty salon changes, the required form and

fee shall be submitted to the board.

(b) The board shall issue a license to operate an esthetic salon to any licensed

esthetician. An owner who is not a licensed esthetician shall have a licensed

esthetician or cosmetologist as manager of the esthetic salon at all times. If the

owner, manager, or location of an esthetic salon changes, the required form

and fee shall be submitted to the board.

(c) The board shall issue a license to operate a nail salon to any licensed nail

technician. An owner who is not a licensed nail technician shall have a

licensed nail technician or cosmetologist as manager of the nail salon at all

times. If the owner, manager, or location of a nail salon changes, the required

form and fee shall be submitted to the board.

(7) The board shall issue an instructor training certificate to train to be an instructor in

cosmetology, esthetic practices, or nail technology to any person who:

(a) Has held a current cosmetologist, esthetician, or nail technician license for at

least one (1) year; and

(b) Has submitted an application that has been signed by the owners of the school

in which the applicant will study. The course of instruction shall be for a

period of seven hundred fifty (750) hours and not less than four and one-half

(4.5) months at one (1) school providing this instruction. The school owner

shall verify to the board the completion of seven hundred fifty (750) hours.

For out-of-state verification, an applicant shall provide official certification

from the board or agency that certifies schools in that other state of licensure

verifying the applicant has completed a course of instruction consisting of at

least seven hundred fifty (750) hours and not less than four and one-half (4.5)

months at one (1) school providing the instruction.

(8) The board shall issue a license to teach cosmetology to any person who:

(a) Has held a current cosmetologist license and an instructor training certificate

for at least four and one-half (4.5) months; and

(b) Has satisfactorily passed the examination for the teaching of cosmetology as

prescribed by the board.

(9) The board shall issue a license to teach esthetic practices to any person who:

(a) Has held a current esthetician license and an instructor training certificate for

at least four and one-half (4.5) months;

(b) Has completed fifty (50) hours in esthetics training within the last two (2)

years; and

(c) Has satisfactorily passed the examination for the teaching of esthetic practices

as prescribed by the board.

(10) The board shall issue a license to teach nail technology to any person who:

(a) Has held a current nail technician license and an instructor training certificate

for at least four and one-half (4.5) months;

(b) Has completed fifty (50) hours in nail technology training within the last two

(2) years; and

(c) Has satisfactorily passed the examination for the teaching of nail technology

as prescribed by the board.

(11) (a) If the requirements of KRS 317A.090 have been satisfied, the board shall

issue a license to operate a school of cosmetology or a school of esthetic

practices or a school of nail technology to any person who has as manager at

all times a person who is:

1. Licensed as an instructor;

2. Charged with the responsibility of ensuring that all applicable statutes

and administrative regulations are complied with; and

3. Responsible for having a sufficient number of licensed instructors of

cosmetology or esthetic practices or nail technology to conduct the

school.

(b) Any student enrolling in the school shall pay the fee set forth in administrative

regulation to the board before enrollment in the school shall be allowed.

(c) The transfer of any license to operate a school of cosmetology or esthetic

practices or nail technology shall require the board's approval and shall

become effective upon submitting the required form and fee to the board.

(12) (a) The board shall issue a license to provide shampoo and style services to any

person who:

1. Has passed an examination prescribed by the board to determine fitness

to perform shampoo and style services;

2. Has completed at least three hundred (300) hours of instruction from a

licensed school of cosmetology; and

3. Has met any other reasonable criteria established in administrative

regulations promulgated by the board.

(b) The board shall issue a license to operate a limited beauty salon to any person:

1. Who is licensed to provide shampoo and style services or who employs

at least one (1) person licensed to provide shampoo and style services at

the limited beauty salon; and

2. Whose limited beauty salon facility complies with standards established

in administrative regulations promulgated by the board.

(13) Licenses established under this chapter shall be valid for a period of time to be

established by the board through the promulgation of administrative regulations.

(14) Licenses and permits issued by the board may be renewed beginning July 1 through

July 31 of each year.

(a) Any license shall automatically be renewed by the board:

1. Upon submission and receipt of the application for renewal and the

required annual license fee; and

2. If the application for renewal is otherwise in compliance with the

provisions of this chapter and the administrative regulations of the

board.

(b) Any license application postmarked after July 31 shall be considered expired,

and the appropriate restoration fee as required by administrative regulation of

the board shall apply.

(15) The requirements for a new license for any person whose license has expired for a

period exceeding five (5) years shall be as follows:

(a) Cosmetologists shall retake and pass both the practical and theory

examination;

(b) Estheticians shall retake and pass both the practical and theory examination;

(c) Instructors of cosmetology or esthetic practices shall retake and pass both the

practical and theory examination;

(d) Nail technicians shall retake and pass the practical and theory examination;

(e) Providers of shampoo and style services shall retake and pass both the

practical and theory examination; and

(f) The appropriate restoration fee as set forth in administrative regulation of the

board shall be required.

(16) Guest artists or demonstrators appearing and demonstrating before persons other

than licensed cosmetologists, estheticians, nail technicians, and providers of

shampoo and style services shall apply for a permit that shall be in effect for ten

(10) days. Guest artists performing before a nonprofit, recognized professional

cosmetologists', estheticians', or cosmetology school or shampoo and style services'

or nail technicians' group shall apply for a permit, but shall not be required to pay

the fee.

(17) The board shall issue a permit for threading and may promulgate administrative

regulations that set out requirements for the practice of threading. Threading shall

be conducted in a licensed beauty salon or a facility with a permit to engage in

threading, and the board may promulgate administrative regulations for facilities

and the required sanitation standards. The permit shall be valid for a period of one

(1) year.

(18) The board shall issue a permit for eyelash artistry and may promulgate

administrative regulations that set out the requirements for the practice of eyelash

artistry. Eyelash artistry shall be conducted in a licensed beauty salon or a facility

with a permit to engage in eyelash artistry, and the board may promulgate

administrative regulations for facilities, education, and the required sanitation

standards. The permit shall be valid for a period of one (1) year.

(19) The board shall issue a permit for makeup artistry and may promulgate

administrative regulations that set out requirements for the practice of makeup

artistry and required sanitation standards. The permit shall be valid for a period of

one (1) year.

(20) (a) The board may issue a permit for temporary event services to a Kentucky-

licensed cosmetologist, esthetician, limited stylist, or nail technician and shall

promulgate administrative regulations that set out requirements for issuance of

a temporary event services permit including:

1. Sanitation standards;

2. Criteria for events that qualify;

3. Application requirements and fees; and

4. Any other requirements necessary to protect the public health and safety.

(b) The temporary event services permit shall be valid only for the specific dates

and locations requested.

(c) No person other than a Kentucky-licensed cosmetologist, esthetician, limited

stylist, or nail technician shall perform services at a temporary event services

location, and no licensee shall perform services other than those authorized by

his or her respective license pursuant to KRS 317A.020.

(d) The Kentucky-licensed cosmetologist, esthetician, limited stylist, or nail

technician holding a temporary event services permit shall be liable for any

violation of KRS Chapter 317A or administrative regulations promulgated

under KRS Chapter 317A that occurs at the temporary event services location.