reglab/statecodes huggingface dataset:
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 13 - Board of Ophthalmic Dispensers › Section 201 KAR 13:080 - Operation and inspection of optical establishments

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				326.010(2),
				326.010(3),
				326.030,
				326.070,
				326.090(2),
				326.990
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS 326.030
				provides that a person shall not engage in the practice of ophthalmic
				dispensing unless he is licensed.
				KRS
				326.090(2) authorizes the
				board to impose a fine against any person who operates an optical establishment
				without the supervision of a Kentucky-licensed ophthalmic dispenser.
				KRS
				326.090(1) authorizes the
				board to suspend or revoke a license to practice ophthalmic dispensing for a
				violation of KRS Chapter 326.
				KRS
				326.020(3)(a) authorizes the
				board to promulgate administrative regulations necessary to implement the
				chapter. This administrative regulation establishes a procedure for the
				operation and inspection of an optical establishment to determine if the
				establishment has complied with the licensing requirements.
Section 1. Definitions.
(1) "Operates an optical establishment" means
			 to engage in business activities at an optical establishment, including the
			 activities of the owner of the optical establishment and the authorized
			 representative of the owner in the management of the optical establishment and
			 its employees.
(2) "Optical
			 establishment" is defined in
			 KRS
			 326.010(3).
(3) "Person" is defined in
			 KRS
			 446.010(27).
(4) "Supervision" means the oversight of the
			 practice of ophthalmic dispensing at an optical establishment by a
			 Kentucky-licensed ophthalmic dispenser who is physically present on the
			 premises.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 14 - Board of Barbering › Section 201 KAR 14:010 - Administrator's duties

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				317.440,
				317.460
NECESSITY, FUNCTION, AND CONFORMITY: This administrative
				regulation sets forth the duties and powers of the administrator.
Section 1. The administrator shall serve as
			 the board's liaison officer and coordinator in working out administrative
			 problems with the board.
Section 2.
			 The administrator shall have full powers to inspect, during the reasonable
			 hours, any shop or establishment licensed by the board.
Section 3. The administrator, when the board
			 is not in session, shall have the power for and on behalf of the board to issue
			 subpoenas for licenses, for the attendance of witnesses, and the production of
			 such records and documents as may be reasonably necessary and material in the
			 hearings conducted by the board.
Section
			 4. The administrator shall assist the members of the board in the
			 giving and supervising of examinations.
STATUTORY AUTHORITY:
				  KRS
				  317.470
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 14 - Board of Barbering › Section 201 KAR 14:015 - Retaking of examination

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				317.440,
				317.450,
				317.570
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				317.440(1)(f) requires the
				Board of Barbering to promulgate administrative regulations pertaining to exam
				requirements. This administrative regulation establishes the requirements for
				an examinee who fails one (1) or more portions of the apprentice examination
				and wishes to retake the exam.
Section
			 1. Apprentice License Examination Requirements.
(1) An applicant shall pass each portion of
			 the apprentice examination with a score of at least seventy-five (75)
			 percent.
(2)
(a) Except as provided by paragraphs (b) and
			 (c) of this subsection, an applicant who does not successfully complete one (1)
			 portion of the apprentice exam may reapply to sit for the failed portion
			 only.
(b) A passing score on one
			 (1) portion of the apprentice exam shall only be used for a period of one (1)
			 year to exempt the applicant from retaking that portion of the
			 examination.
(c)
1. If an applicant has failed one (1) or more
			 portions of the apprentice examination two (2) consecutive times, the applicant
			 shall be required to:
a. Return to a barber
			 school licensed by the board for eighty (80) additional hours of training;
			 and
b. Retake the entire
			 examination.
2. Each
			 unsuccessful attempt to pass the examination thereafter shall require the
			 applicant to complete the conditions delineated in subparagraph 1. of this
			 paragraph.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 14 - Board of Barbering › Section 201 KAR 14:030 - Five (5) year expiration of license

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				317.410,
				317.450
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				317.450 requires the Board of Barbering to
				license barbers, authorizes the board to renew a license that has not been
				expired more than five (5) years, and requires an applicant failing to renew a
				license within five (5) years of its expiration to comply with the requirements
				for relicensure established by the board. This administrative regulation
				establishes the relicensing requirements for a barber whose license has been
				expired over five (5) years.
Section
			 1. If a license has been expired for more than five (5) years, an
			 applicant for relicensure shall meet the requirements established in this
			 section.
(1) A barber shall pass both the
			 practical and written examination.
(2) To regain an apprentice license, an
			 apprentice barber shall:
(a) Complete 150
			 additional hours in training in a barber school licensed by the board;
			 and
(b) Pass the practical and
			 written examinations.
(3) An instructor shall pass both practical
			 and written examinations, in accordance with
			 201 KAR
			 14:115.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 14 - Board of Barbering › Section 201 KAR 14:035 - Public identification of and access to barber shops and schools

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				317.410,
				317.420,
				317.450
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				317.440 requires the board to promulgate
				administrative regulations governing the location and housing of barber shops
				or schools. This administrative regulation establishes public identification
				for shops and schools and outside entrance.
Section
			 1. The main entrance to each barber shop, barber school, or barber
			 college shall display a sign indicating that it is a barber shop, barber school
			 or barber college, and each sign shall be clearly visible.
Section 2. Any licensed barber shop located
			 in a residence shall have an outside entrance separate from the residence
			 entrance.
STATUTORY AUTHORITY:
				  KRS
				  317.410,
				  317.420,
				  317.430,
				  317.440
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 14 - Board of Barbering › Section 201 KAR 14:040 - Inspection of shops and schools

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				317.440(1),
				317.450(2),
				317.590,
				317.595(2)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				317.440(1) requires the
				Board of Barbering to promulgate administrative regulations governing the
				location and housing of barber shops or schools and the quantity and quality of
				equipment, supplies, materials, records, and furnishings required in barber
				shops or schools.
				KRS
				317.450(2) requires the
				board to refuse to issue a license to a barber who has failed to comply with
				the provisions of KRS Chapter 317 and 201 KAR Chapter 14.
				KRS
				317.590 authorizes disciplinary action for
				violations of KRS Chapter 317 and 201 KAR Chapter 14. This administrative
				regulation establishes requirements relating to the inspection of a barber shop
				or school and the information to be displayed at a barber shop or
				school.
Section 1. A board member or
			 authorized agent may inspect a barber shop, manicuring establishment located
			 within a barber shop, or a barber school to determine if the licensee is in
			 compliance with KRS Chapter 317 and 201 KAR Chapter 14.
Section 2. A barber shop or school shall
			 conspicuously display:
(1) The license and
			 picture of each barber and independent contract owner engaged in the practice
			 of barbering at that shop or school at the station where the barber or student
			 is working;
(2) The license for the
			 barber shop or school;
(3) The most
			 recent inspection sheet furnished by the board for the barber shop, independent
			 contract owner, or school. The inspection sheet shall include the telephone
			 number and address for a consumer to use to file a complaint against a
			 licensee; and
(4) The permit card
			 and current picture taken within the last twelve (12) months shall be displayed
			 at each student workstation in a school of barbering.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 14 - Board of Barbering › Section 201 KAR 14:045 - Notification and inspection of new shop locations

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				317.440
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS 317.440(1)(a) and
				(b) require the board to promulgate
				administrative regulations regarding the location and housing of a barber shop
				and the quantity and quality of equipment, supplies, materials, records, and
				furnishings required in a barber shop. This administrative regulation
				establishes the requirement of an inspection and sets up the time for
				notification for new barber shops and licensed barber shops moving to a new
				location.
Section 1. A new barber shop
			 shall request an inspection by the board at least five (5) days before opening
			 for business.
Section 2. A licensed
			 barber shop moving to a new location shall notify the board of its new location
			 at least five (5) days before opening for business.
Section 3. A new barber shop or a licensed
			 barber shop moving to a new location shall not be open for business until
			 inspected and approved by the board in accordance with
			 201 KAR
			 14:040.
STATUTORY AUTHORITY:
				  KRS
				  317.440(1)
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 14 - Board of Barbering › Section 201 KAR 14:050 - Apprentice license; qualifications

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				317.450(1)(a)-(d)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				317.450(1)(a)-(d) requires
				the Board of Barbering to issue apprentice licenses before issuing a license to
				practice barbering.
				KRS
				317.440(1)(d) requires the
				board to promulgate administrative regulations establishing qualifications of
				applicants to or enrollees in barber schools. This administrative regulation
				establishes the process for obtaining apprentice and barber licenses.
Section 1. An applicant for a license as an
			 apprentice barber shall meet the qualifications listed in
			 KRS
			 317.450(1)(a).
Section 2. A person holding a Kentucky
			 cosmetology license shall be given credit for 750 hours toward a prescribed
			 course of instruction at a school of barbering approved in accordance with
			 201 KAR
			 14:095.
Section
			 3.
(1) An apprentice licensee
			 shall not apply for a barber license until the apprentice period required by
			 KRS
			 317.450 has been served.
(2) The board may, in individual cases
			 involving medical disability, illness, or undue hardship as determined by the
			 board, grant an extension of the apprentice period.
(a)
1. A
			 written request for an extension of time involving medical disability, illness,
			 or undue hardship shall be submitted by an applicant.
2. A request involving a medical disability
			 or illness shall be accompanied by a verifying document signed by a licensed
			 physician.
(b) An
			 extension of the apprentice period shall be granted by the board for a period
			 of time not to exceed six (6) months, upon approval of the request and payment
			 of the initial licensing fee for an apprentice license, as established in
			 201 KAR 14:180, Section
			 1(1).
(c) If the medical
			 disability, illness, or undue hardship upon which an extension has been granted
			 continues beyond the period of the extension, the applicant shall reapply for
			 an extension.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 14 - Board of Barbering › Section 201 KAR 14:060 - Licensing requirements for qualified nonresidents

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				317.450
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				317.450(1)(e) authorizes the
				board to issue a license by endorsement to a nonresident of Kentucky. This
				administrative regulation establishes the licensing requirements for qualified
				nonresidents.
Section 1.
(1) Any person who is at least eighteen (18)
			 years of age and of good moral character and temperate habits, who has a
			 current license or certificate of registration as a practicing barber of
			 another state or other board recognizing authority, which has substantially the
			 same requirements for licensing or registering barbers as are required of KRS
			 Chapter 317 and 201 KAR Chapter 14, shall, upon payment of the fee required by
			 201 KAR 14:180, be granted
			 permission to take an examination to determine his fitness to receive a license
			 to practice barbering.
(2) When
			 determining moral character, the board shall consider factors, such as:
(a) If the applicant has been convicted of a
			 crime;
(b) The age of the applicant
			 at the time any criminal conviction was entered;
(c) The length of time that has elapsed since
			 the applicant's last criminal conviction;
(d) The relationship of any crime conviction
			 to the ability of the applicant to properly represent the barbering
			 profession;
(e) Recommendations
			 from barber instructors, licensed barbers, or past or present employers who are
			 not related to the applicant;
(f)
			 Relevant school records; or
(g) Any
			 other factor that is reasonably related to the applicant's ability to fulfill
			 the duties of a professional barber.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 14 - Board of Barbering › Section 201 KAR 14:065 - Place of business requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				317.440,
				317.450
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				317.440(1) requires the
				Board of Barbering to promulgate administrative regulations establishing
				requirements for barber shops or schools. This administrative regulation
				establishes the place of business requirements for licensees.
Section 1. Every apprentice licensee, every
			 licensed barber, and every licensed instructor of barbering regulated by KRS
			 Chapter 317 and 201 KAR Chapter 14 shall practice in a licensed barber shop or
			 licensed barber school.
STATUTORY AUTHORITY:
				  KRS
				  317.410,
				  317.420,
				  317.440
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 14 - Board of Barbering › Section 201 KAR 14:067 - Shop in residence; requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				317.440,
				317.450
NECESSITY, FUNCTION, AND CONFORMITY: Outside entrance.
Section 1. Any licensed barber shop located
			 in a residence shall have an outside entrance.
STATUTORY AUTHORITY:
				  KRS
				  317.410,
				  317.420,
				  317.440
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 14 - Board of Barbering › Section 201 KAR 14:070 - Shop license applications

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				317.450(3)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				317.440 requires the board to promulgate
				administrative regulations governing the location and housing of barber shops
				or schools. This administrative regulation establishes the requirements for the
				application for shop licenses.
Section
			 1. All new barber shops and all barber shops moving to new
			 locations shall comply with all city, county, and state health regulations and
			 shall include a signature from the state plumbing inspector on an application
			 supplied by the barber board.
Section
			 2. Barber shop licenses are not transferable from one (1) location
			 to another or one (1) person to another. A new license shall be
			 obtained.
STATUTORY AUTHORITY:
				  KRS
				  317.440
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 14 - Board of Barbering › Section 201 KAR 14:085 - Sanitation requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				317.410,
				317.440,
				317.580
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				317.440(1)(b) requires the
				Board of Barbering to promulgate administrative regulations governing the
				quantity and quality of equipment, supplies, materials, records, and
				furnishings required in barber shops or schools. This administrative regulation
				establishes the sanitation requirements.
Section
			 1. Any barber, apprentice licensee, student barber, manicurist, or
			 instructor of barbering suffering from any contagious diseases or conditions
			 shall not be allowed to practice in this state, in accordance with
			 KRS
			 317.580. A person suffering from a contagious
			 disease or condition shall not be rendered service by any barber, apprentice
			 licensee, student barber, manicurist, or instructor of barbering in the
			 state.
Section 2. General
			 Sanitation. The entire licensed facility, barber shops, and barber schools,
			 including all equipment, employees, and implements, shall be continually
			 maintained in a sanitary manner, in accordance with
			 KRS
			 317.580 and this administrative
			 regulation.
Section 3. Methods of
			 Sanitizing. All commercially prepared sanitizing agents shall be used in
			 accordance with the manufacturer's instructions.
Section 4. Disinfection of Implements and
			 Spills; Blood and Body Fluids.
(1) Implements
			 and surfaces shall be thoroughly cleaned prior to disinfection because
			 disinfectants are inactivated and ineffective if visibly contaminated with
			 debris, hair, dirt, or particulates or if heavily soiled.
(a) Disinfectants shall be prepared fresh
			 daily or more often if solution becomes diluted or soiled.
(b) Contact Time: A surface shall be left wet
			 or completely immersed for ten (10) minutes or longer, as required by the
			 manufacturer, for disinfecting against HIV, HBV, and all other viruses,
			 bacteria, and fungi.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 14 - Board of Barbering › Section 201 KAR 14:090 - School curriculum

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				317.410,
				317.440(1)(e),
				317.540
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				317.440(1)(e) requires the
				Board of Barbering to promulgate an administrative regulation governing the
				hours and courses of instruction at barber schools.
				KRS
				317.540 requires the board to promulgate an
				administrative regulation prescribing the courses and requirements for a barber
				school. This administrative regulation establishes requirements for the course
				of study at barber schools.
Section 1.
			 A student shall receive at least 1,500 hours in practice work and lectures
			 based on the following courses of study:
(1)
			 Instruments - thirty (30) hours:
(a)
			 Razors;
(b) Shears;
(c) Clippers;
(d) Hones and strops; and
(e) Combs, brushes, hair dryers, and curling
			 irons;
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 14 - Board of Barbering › Section 201 KAR 14:095 - Accredited school

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				317.440
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				317.450 requires the board to issue a license
				to operate a school of barbering to any person, firm, or corporation who or
				which has complied with its statutory requirements. This administrative
				regulation establishes the requirements for an accredited barber school.
Section 1. Any school in Kentucky that
			 complies with the rules and administrative regulations set forth herein, in
			 addition to all Kentucky laws, shall upon the certification and approval of
			 this board be deemed an accredited barber school.
Section 2. Barber school licenses are not
			 transferrable from one (1) location to another or from one (1) person to
			 another. A new license shall be obtained.
STATUTORY AUTHORITY:
				  KRS
				  317.410,
				  317.430,
				  317.440,
				  317.450
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 14 - Board of Barbering › Section 201 KAR 14:100 - School advertising

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				317.410,
				317.440,
				317.450
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				317.420 requires the board to promulgate
				administrative regulations to protect the public against misrepresentation,
				deceit, or fraud in the practice or teaching of barbering. This administrative
				regulation establishes the requirements for school advertising.
Section 1. Schools shall not advertise by any
			 means that are knowingly false or by the use of deceptive statements or false
			 promises which act as inducements in an effort to get students to enter the
			 schools.
Section 2. Student
			 equipment and books may be supplied by the students, depending upon each
			 individual school, but school advertisements shall show what be furnished to
			 the students.
Section 3. A school
			 of barbering shall display in the reception room, work room, and on the mirror
			 of each work station, a sign to read "School of Barbering - Work Done
			 Exclusively by Students." The letters on this sign shall be large enough to be
			 read from the opposite end of the room.
Section
			 4. A school shall not advertise professional work or guarantee
			 students' work.
Section 5. A school
			 may advertise under the description of a school operating for teaching purposes
			 only.
Section 6. Schools shall not
			 advertise positions or guarantee future employment to students.
STATUTORY AUTHORITY:
				  KRS
				  317.420,
				  317.430,
				  317.440
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 14 - Board of Barbering › Section 201 KAR 14:110 - School equipment; plant layout

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				317.410,
				317.440
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				317.440(1)(b) requires the
				board to promulgate an administrative regulation regarding the quantity and
				quality of equipment, supplies, materials, records, and furnishings required in
				barber shops or schools. This administrative regulation establishes the barber
				school equipment and plant layout requirements.
Section 1. Each barber school shall send the
			 board a certificate from the zoning commission and a certificate from a
			 licensed electrician or electrical firm showing the electrical equipment to be
			 properly installed, properly grounded, and in safe operating
			 condition.
Section 2. Barber
			 schools shall be completely equipped with standard tonics, dyes, tints,
			 bleaches, shampoos, cosmetics, permanents, etc., all electrical devices and
			 other equipment for the proper instruction of students, as well as with
			 equipment and supplies for sanitation and hygiene.
Section 3. Each barber school shall be
			 located as entirely separate and without a connection to any beauty or barber
			 shop or any other place of business.
Section
			 4. A barber school shall not be approved by this board having a
			 space less than six (6) feet square for each student enrolled
			 therein.
Section 5. All accredited
			 barber schools shall have a suitable and separate room to be used for
			 demonstration and study. The room shall have necessary charts and equipment to
			 carry out the curriculum, including:
(1)
			 Sufficient charts, blackboards, and whiteboards, etc., to teach all subjects of
			 barbering; and
(2) Sufficient
			 classroom chairs with armrests, or desks, that will enable the student to take
			 notes.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 14 - Board of Barbering › Section 201 KAR 14:115 - Examinations; school and board

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				317.410,
				317.440
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				317.440(1)(f) requires the
				board to promulgate an administrative regulation to establish examination
				requirements. This administrative regulation establishes examination
				applications, deadlines, and sets forth scores for passing.
Section 1.
(1)
(a) The
			 requirements in this administrative regulation shall apply to all examinations
			 given by the board, unless stated otherwise.
(b) An apprentice license shall be required
			 to take the barber's examination.
(c) A barber's license shall be required to
			 take the instructor's examination.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 14 - Board of Barbering › Section 201 KAR 14:125 - Instructor requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				317.440,
				317.450
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				317.440(1)(c) requires the
				board to promulgate an administrative regulation regarding the qualifications
				of instructors of barbering. This administrative regulation establishes rules
				for school faculty and establishes conditions for unlicensed instructor
				students.
Section 1.
(1) An instructor student shall achieve a
			 passing score on the written instructor examination.
(2) A passing score shall be a minimum score
			 of eighty (80) percent on the written examination required under subsection (1)
			 of this section, and the oral and practical examinations required under Section
			 2(1)(b) and (c) of this administrative regulation.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 14 - Board of Barbering › Section 201 KAR 14:130 - School fees for services

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				317.410,
				317.440
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				317.440 requires the board to promulgate
				administrative regulations to protect the public against misrepresentation,
				deceit, or fraud in the practice or teaching of barbering and to establish fees
				by administrative regulation. This administrative regulation establishes school
				fees and services.
Section 1. A copy
			 of the prices shall be posted on a card in each room of the barber school where
			 work is done on the public. Price lists shall be printed in type large enough
			 to be read at a distance of ten (10) feet.
Section 2. Barber schools shall not be
			 permitted to charge students any additional fees for any demonstrations, nor
			 shall any supply house or manufacturer be permitted to charge students fees for
			 demonstrations. Barber schools shall not charge students any fees on behalf of
			 any individual, supply house, or manufacturer for the purpose of
			 demonstration.
STATUTORY AUTHORITY:
				  KRS
				  317.430,
				  317.440
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 14 - Board of Barbering › Section 201 KAR 14:135 - School attendance hours

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				317.440,
				317.450,
				317.540
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				317.440 requires the board to promulgate
				administrative regulations governing the hours and courses of instruction at
				barber schools. This administrative regulation establishes the hours of
				attendance for schools of barbering.
Section
			 1. A school of barbering shall not permit or require students to
			 be in attendance at school more than forty-eight (48) hours in any one (1)
			 week.
STATUTORY AUTHORITY:
				  KRS
				  317.440,
				  317.450,
				  317.540
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 14 - Board of Barbering › Section 201 KAR 14:140 - School license

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				317.440,
				317.450,
				317.540
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				317.440 and
				317.540
				require the board to promulgate administrative regulations governing barber
				school licensing. This administrative regulation sets forth rules for licensing
				a barber school.
Section 1. Each
			 person making application for a license to operate a barber school shall submit
			 to the board satisfactory evidence as to the financial responsibility and
			 character of the persons interested in operating the school; literature and
			 advertising material pertaining to the school; samples of each form of record
			 used to conduct the business of the school, including progress reports, hour
			 sheets, and "sign-in" sheets; and a copy of the contract with the student and
			 term or lease.
Section 2.
			 Application for license to operate a school of barbering shall be accompanied
			 by a floor plan of proposed premises, showing the arrangements of the
			 classroom, the placing of equipment, the location of gas and electric outlets,
			 and the entrance and exits.
Section
			 3. A license to operate a barber school shall be valid only for
			 the person and location named in the license and is not transferable.
Section 4. Any person, establishment, firm,
			 or corporation which accepts, directly or indirectly, compensation for teaching
			 persons as defined in
			 KRS
			 317.410 shall be classified as a barber
			 school and shall be required to comply with all the provisions of the laws and
			 the rules and administrative regulations of the board.
Section 5. A copy of the laws and
			 administrative regulations concerning the licensing of barbers shall be
			 available to all students, either in hardcopy (paper) or electronic
			 format.
Section 6. Any barber
			 school owner or manager found guilty by the board of willfully or fraudulently
			 misrepresenting facts to the board concerning any information regarding his or
			 her school, shall have their license to operate a barber school revoked as
			 provided in KRS Chapter 317.
STATUTORY AUTHORITY:
				  KRS
				  317.410,
				  317.430,
				  317.440,
				  317.540
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 14 - Board of Barbering › Section 201 KAR 14:150 - School records

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				317.410,
				317.450,
				317.540
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				317.440(1)(b) requires the
				Kentucky Board of Barbering to promulgate administrative regulations to govern
				quantity and quality of equipment, supplies, materials, records, and
				furnishings required in barber shops or schools. This administrative regulation
				establishes requirements for school records.
Section
			 1. A monthly attendance record of the entire enrollment, including
			 full-time and part-time students and instructors, shall be kept by the schools
			 and received at the board office not later than the tenth calendar day of each
			 month, and this attendance record shall not be amended after the last day of
			 the month received.
(1) A barber school shall
			 be held fully responsible for the completeness and accuracy of the attendance
			 record, which shall show the total hours obtained for the previous month and
			 the total accumulated hours to date for all students and instructors.
(2)
(a)
			 Only the hours recorded shall be submitted each month.
(b) The report shall not be:
1. Amended without proof of error;
			 or
2. Changed after the last day of
			 the month it was reported.
(c) The report shall be available for
			 inspection.
(3) A copy
			 of the student's daily attendance record for the month of graduation through
			 the date of a student's graduation shall be submitted with the student's
			 certification of hours as part of the application for examination upon
			 completion of the course.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 14 - Board of Barbering › Section 201 KAR 14:180 - Fees

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				317.450
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				317.440(2) requires the
				Board of Barbering to establish fees by administrative regulation. This
				administrative regulation establishes fees for examinations, permits, and
				licenses issued by the board.
Section
			 1. Initial licensing fees shall be as follows:
(1) Apprentice license: fifty (50)
			 dollars;
(2) Barber license: fifty
			 (50) dollars;
(3) Barber school
			 license: $500;
(4) Barber shop
			 license: $100;
(5) Endorsement:
			 $250;
(6) Instructor of barbering
			 license: $100; and
(7) Independent
			 contract owner: fifty (50) dollars.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 15 - Board of Embalmers and Funeral Directors › Section 201 KAR 15:010 - Definitions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 316
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				316.210(1) authorizes the
				Kentucky Board of Embalmers and Funeral Directors to promulgate administrative
				regulations to carry out and enforce the provisions of KRS Chapter 316. This
				administrative regulation defines terms used in 201 KAR Chapter 15.
Section 1. Definitions.
(1) "Chapel" means an area where a family and
			 the public may pay their respects to a deceased human being, or an area where
			 funerals or memorial services can be held, and which is a separate and distinct
			 area from the preparation room.
(2)
			 "Direct Supervision" of an apprentice means that a Kentucky-licensed funeral
			 director or a Kentucky-licensed embalmer, as appropriate, is:
(a) Physically present with the apprentice;
			 and
(b) Personally observing and
			 guiding the activities of the apprentice.
(3) "Establishment Manager" means a
			 Kentucky-licensed embalmer or a Kentucky-licensed funeral director, who spends
			 at least seventy five (75) percent of his or her professional time during
			 regular business hours in the establishment for which he or she is designated
			 as the Establishment Manager, or actively performing funeral directing or
			 embalming services originating in, or based in, the establishment as defined in
			 KRS
			 316.010 and these administrative
			 regulations.
(4) "Full-time for an
			 apprentice" means at least forty (40) hours per week under the personal
			 supervision of a licensed embalmer or licensed funeral director and shall not
			 include time spent "on call".
(5)
			 "Operating a funeral establishment" means the management of a funeral
			 establishment including the daily activities of funeral directing, embalming,
			 bookkeeping, and supervision of employees.
(6) "Preparation room" means an area with a
			 minimum of 100 square feet, which is used exclusively to prepare dead human
			 bodies for final disposition if arterial or cavity injection is a function of
			 the establishment, and which is separate and distinct from the viewing area,
			 chapel, or any other part of the establishment.
(7) "Supervisor" of an apprentice means the
			 supervisor of record.
(8)
			 "Supervisor's designee" means a Kentucky-licensed funeral director or a
			 Kentucky-licensed embalmer, as appropriate, who has been approved by the
			 supervisor of record to supervise an apprentice.
(9) "Viewing area" means an area in which a
			 family and the public may pay their respects to a deceased human
			 being.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 15 - Board of Embalmers and Funeral Directors › Section 201 KAR 15:015 - Per diem compensation of board members

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				316.170,
				316.210
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				316.210(1) authorizes the
				Kentucky Board of Embalmers and Funeral Directors to promulgate administrative
				regulations to carry out and enforce the provisions of KRS Chapter 316.
				KRS
				316.170(5) requires the
				board to establish the amount of per diem compensation to be paid beginning
				January 1, 2015, to board members, not to exceed $200. This administrative
				regulation establishes the per diem amount to be received by board
				members.
Section 1. Beginning January
			 1, 2020, each member of the board shall receive $200 for each day spent in the
			 discharge of his or her official duties.
STATUTORY AUTHORITY:
				  KRS
				  316.170(5),
				  316.210(1)
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 15 - Board of Embalmers and Funeral Directors › Section 201 KAR 15:030 - Fees

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				316.125(2),
				316.130(2),
				(4), (5),
				316.132,
				316.140(2)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				316.125(2)(a) and (b)
				require the board to issue an appropriate establishment license to an applicant
				who meets the statutory requirements.
				KRS
				316.130(2), (4), and (5)
				establish the renewal and continuing education requirements for licensure.
				KRS
				316.132 establishes the requirements for
				continuing education courses, board approval of continuing education courses,
				and certification for attendance thereof.
				KRS
				316.140(2) establishes the
				requirements for a person holding an embalmer's or funeral director's license
				issued in another state or federal district to obtain a courtesy card.
				KRS
				316.210(1) authorizes the
				board to promulgate administrative regulations to carry out and enforce the
				provisions of KRS Chapter 316, and 316.210(6) requires the board to promulgate
				administrative regulations to establish fees authorized by KRS Chapter 316.
				This administrative regulation establishes the fees authorized by KRS Chapter
				316.
Section 1.
(1) The funeral establishment license fee
			 shall be $500.
(2) The renewal fee
			 for a funeral establishment license shall be $500.
(3) The late fee for a funeral establishment
			 license renewal shall be $500.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 15 - Board of Embalmers and Funeral Directors › Section 201 KAR 15:040 - Examination

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				316.030(4)(h), (5)(g)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				316.030(4)(h) and (5)(g)
				require the board to issue an embalmer's or funeral director's license to an
				applicant who has met the statutory requirements and passed examinations
				prepared or approved by the board. This administrative regulation establishes
				the administration, content, and evaluation of examinations by the
				board.
Section 1. Exam Administration.
(1) The board shall administer examinations
			 for funeral director and embalmer licenses at intervals predefined on a
			 published calendar.
(2) An
			 applicant seeking to take an examination administered by the board shall submit
			 the fee established in
			 KRS
			 316.030 to the board at least forty-five (45)
			 days before the desired examination.
(a) The
			 examination fee shall include a license in good standing for the remainder of
			 the fiscal year if the applicant is successful in the examination.
(b) An applicant shall be entitled to only
			 one (1) examination for each fee paid.
(3) One (1) or more members of the board
			 shall administer the examinations for each license issued by the
			 board.
(4) An applicant may seek a
			 reasonable accommodation in the manner for which an examination by the board is
			 given.
(a) Accommodations shall be considered
			 by the board on the same basis as reasonable accommodations that may be
			 available under the Americans with Disabilities Act,
			 42 U.S.C., §
											12101 et seq.
(b) An applicant who takes an examination
			 with a reasonable accommodation shall still perform the essential functions of
			 taking the examination and meet the normal performance requirements for
			 passage.
(5) At the
			 discretion of the board, examinations may be held at other times, if
			 necessary.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 15 - Board of Embalmers and Funeral Directors › Section 201 KAR 15:050 - Apprenticeship and supervision requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				316.030
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				316.210(1) authorizes the
				Kentucky Board of Embalmers and Funeral Directors to promulgate administrative
				regulations to carry out and enforce the provisions of KRS Chapter 316.
				KRS
				316.030(4)(e) and (5)(d)
				require an applicant for an embalmer's license or a funeral director's license
				to serve an apprenticeship under the supervision of a Kentucky-licensed
				embalmer or funeral director.
				KRS
				316.030(9) requires an
				applicant to file sworn statements semiannually during the apprenticeship. This
				administrative regulation establishes the requirements for apprentices and
				their supervisors, the time for filing the sworn statements, and the additional
				information required in the sworn statements.
Section 1. Apprenticeship Application.
(1) Prior to beginning an apprenticeship, an
			 applicant shall:
(a) File an Apprenticeship
			 Application Form with the board that includes the sworn statement required by
			 KRS
			 316.030(7)(c);
(b) Pay the registration fee established in
			 KRS
			 316.030(7)(b);
(c) Submit a current photograph;
(d) Submit a copy of the applicant's high
			 school transcript or diploma, or high school equivalency diploma;
(e) Submit an official copy of any college
			 transcripts;
(f) Submit an official
			 copy of National Board scores, if available;
(g) Submit an official copy of a current
			 (less than ninety (90) days prior to the application) criminal justice
			 information system (CJIS) report obtained from the Federal Bureau of
			 Investigation (FBI); and
(h) Appear
			 before the board with the supervisor at the time and place identified by the
			 board.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 15 - Board of Embalmers and Funeral Directors › Section 201 KAR 15:080 - Complaints of violations

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				316.150
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				316.210(1) requires the
				board to administer and enforce the provisions of KRS Chapter 316 and
				authorizes the board to promulgate administrative regulations pursuant to KRS
				Chapter 13A.
				KRS
				316.150 authorizes the board to take
				disciplinary action against the license of an embalmer, a funeral director, or
				a funeral establishment or against the registration of an apprentice for
				violations of KRS Chapter 316. This administrative regulation establishes the
				procedure for filing complaints with the board.
Section 1. Complaint.
(1) A complaint that an embalmer, a funeral
			 director, a funeral establishment, or an apprentice has violated the provisions
			 of KRS Chapter 316 or the administrative regulations promulgated thereunder
			 shall be made in writing to the board.
(2) The person making the complaint shall be
			 identified in the complaint, shall provide his or her contact information, and
			 shall sign the complaint.
(3)
			 Anonymous complaints shall not serve as the sole justification for disciplinary
			 action, but the board may use the information provided in any anonymous
			 complaint as cause for further investigation.
(4) The board may file a complaint based upon
			 credible information in its possession that is sufficient to establish probable
			 cause for further investigation and possible disciplinary action.
(5) No complaint may be made more than two
			 (2) years following the discovery of the alleged violation of KRS Chapter 316
			 or the administrative regulations promulgated thereunder. Discovery for this
			 purpose shall be the point in time when the complainant actually discovers, or
			 a reasonably diligent complainant would have discovered, the facts constituting
			 the violation.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 15 - Board of Embalmers and Funeral Directors › Section 201 KAR 15:120 - Requirements for applicants holding a license in another state

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				316.140(1)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				316.140(1) authorizes the
				Board of Embalmers and Funeral Directors to issue a license to an applicant
				that is licensed in another state and who has met the same or similar
				requirements for a license as the standards set out in
				KRS
				316.030. This administrative regulation
				establishes the criteria for determining whether applicants who are licensed in
				another state qualify for a Kentucky embalmer's or a Kentucky funeral
				director's license.
Section 1.
(1) The board shall accept an applicant
			 licensed in another state as eligible to apply for an embalmer's or funeral
			 director's license who has:
(a) A diploma
			 from a school of mortuary science that is accredited by the American Board of
			 Funeral Service Education or its predecessor; and
(b) Either:
1. Thirty (30) semester or forty-five (45)
			 quarter hours of college credit from an accredited college or university as
			 shown on an official transcript; or
2. Engaged in the fulltime practice of
			 embalming or funeral directing under licensure for ten (10) of the twelve (12)
			 years immediately preceding the date of the application as demonstrated by the
			 submission of W-2 forms or an affidavit from two (2) licensed embalmers or
			 funeral directors in his state of original licensure which verify that he has
			 been so engaged in practice full time.