Kentucky Administrative Regulations
Title 201 - GENERAL GOVERNMENT CABINET
Chapter 12 - Board of Cosmetology
Section 201 KAR 12:030 - Licensing and examinations
Universal Citation: 201 KY Admin Regs Service 12:030
Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO: KRS 12.245, 317A.020, 317A.050, 317A.060, 317A.145
NECESSITY, FUNCTION, AND CONFORMITY: KRS 317A.060 requires the board to promulgate administrative regulations governing licenses in cosmetology, esthetic practices, and nail technology, including the operation of schools and salons of cosmetology, esthetic practices, and nail technology. This administrative regulation establishes procedures for examinations and licensing.
Section 1. Fees. License fees are set forth in 201 KAR 12:260.
Section 2. Changes. All changes to account information required for licensure shall be submitted to the board within thirty (30) days of occurrence including:
(1)
Legal name change;
(2) Change of
address;
(3) Change of facility or
employer;
(4) Change of phone
number;
(5) Change of email
address; and
(6) Any other
information as required by KRS 317A or 201 KAR Chapter 12 for
licensure.
Section 3. Licensure Requirements. A license may be issued upon submission of the following:
(1) All personal and facility
licenses shall require an application for an initial license, license renewal,
license restoration, an out-of-state transfer certification, or a request for
examination. These applications are found on the board's Web page;
(2) A diploma or certified testing documents
proving grade 12 equivalency education for initial personal licensure or
out-of-state transfers into Kentucky;
(3) A copy of a government-issued photo
identification;
(4) Payment of the
fee set forth in
201 KAR 12:260;
(5) Resolution of any legal action associated
with a prior disciplinary action as described in
KRS
317A.145 if necessary;
(6) A current two (2) by two (2) inch
passport-style photo taken within the past six (6) months; and
(7) Disclosure to the board of the current
name and license number of the facility where the licensee is
working.
Section 4. Prior Felony Convictions. For any license or examination issued or conducted by the board, an applicant convicted of a prior felony shall include with his or her application:
(1) A signed letter of
explanation from the applicant;
(2)
A certified copy of the judgment and sentence from the issuing court;
and
(3) A letter of good standing
from the applicant's probation or parole officer, if currently on probation or
parole.
Section 5. Reciprocal Licensing.
(1) A license issued by
another state may be considered comparable if the laws of that state require at
a minimum:
(a) 1,500 hours of curriculum for
cosmetology;
(b) 450 hours of
curriculum for nail technology;
(c)
750 hours of curriculum for esthetics;
(d) 300 hours of curriculum for shampoo
styling; or
(e) 750 hours of
curriculum for instructors.
(2) An applicant licensed in another state
may be licensed by reciprocity by submitting the Out of State Transfer
Application along with:
(a) Digital
certification showing proof of a passing score on a board-approved nationally
recognized theory and practical exam;
(b) Current digital certification of the
out-of-state license from the issuing state board showing a license in active
and good standing; and
(c) Unless a
member of the United States Military, Reserves, or National Guard, or his or
her spouse, or a veteran or the spouse of a veteran, payment of the applicable
license and endorsement fees required by
201 KAR 12:260.
(3) An applicant from a state
whose licensing requirements fail to meet subsection (1) of this section shall
apply for a reciprocal license by submitting:
(a) Documentation required by Section 3(1)
through (7) of this administrative regulation; and
(b) Payment of the applicable examination
fees established in
201 KAR 12:260.
(4) Pursuant to
KRS
12.245, a member of the United States
Military, Reserves, or National Guard, or his or her spouse, or a veteran or
the spouse of a veteran shall apply for a reciprocal license by submitting:
(a) All documents required by Section 3(2)
through (7) of this administrative regulation;
(b) The Military Transfer Application;
and
(c) A document showing proof of
service, sponsor's service, or discharge orders listing the applicant or an
accompanying family member as a member of the United States Armed
Services.
(5) All
requests for certification of hours or a license shall use the Certification
Request Form accompanied by a copy of the applicant's government-issued photo
identification and payment of the fee as set forth in
201 KAR 12:260. Certifications
shall only be transmitted digitally to the reciprocal state agency.
Section 6. Digital Forms. All applications and forms may be replicated and implemented by the board in an online format for processing, payment receipt, and license issuance.
Section 7. Examination Registration.
(1) Applicants shall register using a school
enrollment as follows:
(a) A student of a
licensed cosmetology school shall register with the board at least eight (8)
months prior to graduation;
(b) A
nail technician student shall register with the board at least seventy-five
(75) days prior to graduation;
(c)
An esthetician student shall register with the board at least four (4) months
prior to graduation; and
(d) A
shampoo styling student shall register with the board at least fifty-three (53)
days prior to graduation.
(2) A completed Application for Examination
or Out of State Application for Examination shall be received in the Board
office no later than ten (10) business days prior to the examination date to be
scheduled for either the theory test or the practical demonstration component
of the exam. Each exam component shall be scheduled using a separate
application and payment of the fee set forth in
201 KAR 12:260.
(3) Theory examination dates shall be valid
for ninety (90) days from student notification.
(4) A passing score for the theory
examination, proper application, and payment of fees shall be required prior to
being scheduled for the practical examination.
(5) An applicant with curriculum hours
obtained in another state shall include with the Out of State Application for
Examination:
(a) Certification of curriculum
hours from the state licensing board or agency where the hours were obtained,
if the state requires the reporting of curriculum hours; or
(b) Certification of the valid licensing
status of the school attended from the state board or licensing authority and
an official transcript certified by the school.
(6) Examination applicants shall wear a full
set of solid color medical scrubs and bring all instruments and supplies as
listed on the board Web site for the practical examination. White colored
scrubs or other clothing is prohibited.
Section 8. Examination Components.
(1) The examination shall consist of a theory
test and a practical demonstration taken from the curriculum requirements
specified in
201 KAR 12:082.
(2) The practical demonstration shall be
performed on a:
(a) Mannequin head and hand
for the cosmetology practical examination;
(b) Mannequin head for the esthetician or
shampoo styling services practical examination; or
(c) Mannequin hand for the nail technician
practical examination.
(3) The applicant shall provide a mannequin
head or hand as needed for an examination.
Section 9. Grading.
(1) A minimum passing grade of seventy (70)
percent on the theory test and the practical demonstration shall be required
for the cosmetologist, esthetician, shampoo styling, and nail technician
examinations.
(2) A minimum passing
grade of eighty (80) percent on the theory test and eighty-five (85) percent on
the practical demonstration shall be required for all instructor
examinations.
(3) All passing exam
scores shall be valid for six (6) months from completion.
Section 10. Practice before Examination Prohibited. A student engaging in the practice of cosmetology, esthetic practices, shampoo styling, or nail technology beyond the scope of their registered school enrollment prior to the board examination shall be ineligible to take the examination for a period of one (1) year from the date of the unauthorized practice.
Section 11. License Application.
(1) An applicant who
passes the examination shall have ninety (90) days following the examination to
apply for a license by complying with all requirements in Section 3(1) through
(7) of this administrative regulation.
(2) Failure to apply for a license as
required by subsection (1) of this section shall require payment of the
appropriate restoration and licensing fees set forth in
201 KAR 12:260 before a license
may be issued.
Section 12. Retaking Examinations.
(1)
Any applicant who fails either the theory test or the practical demonstration
may retake that portion of the examination upon submitting a new Application
for Examination with a two (2) by two (2) inch passport photo of the applicant
taken within the preceding six (6) months, and paying the examination fee
required by
201 KAR 12:260.
(a) After three (3) failed attempts, the
examinee shall be required to wait six (6) months before retaking either
portion of the examination. If the examinee does not receive a passing score on
the third attempt, then the individual shall take an eighty (80) hour
supplemental course in theory studies at a school licensed by the board prior
to being eligible to retake the examination.
(b) Following the supplemental course, the
examinee may attempt the examination two (2) additional times. If the examinee
fails both attempts the examinee shall be prohibited from taking the
examination within three (3) years from the date of the final failed
attempt.
(2) An
applicant caught cheating or impersonating another shall not be allowed to
retake the examination for a minimum of one (1) year from the date of the
original examination.
(3) Any
applicant who fails to report for the examination on the date specified by the
board shall submit a new examination application and examination fee prior to
being rescheduled for examination. The board may waive the examination fee for
good cause shown. "Good cause" includes:
(a)
An illness or medical condition of the applicant that prohibits the applicant
from reporting for the examination; or
(b) A death, illness, or medical condition in
the applicant's immediate family that prohibits the applicant from reporting
for the examination.
(4)
Documents and certificates submitted with an Application for Examination shall
be valid for one (1) year following the date of submission after which time
applicants shall submit updated documents and a new examination
application.
Section 13. Duplicate Licenses, Renewal, and Restoration.
(1) If a license is lost, destroyed, or
stolen after issuance, a duplicate license may be issued. The licensee shall
submit a statement verifying the loss of the license using the Duplicate
License Application that includes a copy of a government-issued photo
identification, and pay the duplicate license fee listed in
201 KAR 12:260. Each duplicate
license shall be marked "duplicate".
(2) The annual license renewal period is July
1 through July 31. All licenses shall be renewed by providing the required
items in Section 3(1) through (7) of this administrative regulation.
(3) To restore an expired license, a
Restoration Application shall be submitted to the board with payment of the
restoration fee as set forth in
201 KAR 12:260 for each year the
license has been expired, the total of which shall not exceed $300 per license
restored, and by providing the required items in Section 3(1) through (7) of
this administrative regulation.
(4)
To restore an expired salon license or limited facility license, a new Salon
Application or Limited Facility Application shall be submitted to the board
with payment of the restoration fee as set forth in
201 KAR 12:260 for each year the
license has been expired, the total of which shall not exceed $300 per license
restored, and by providing the required items in Section 3(1) through (7) of
this administrative regulation.
(5)
To restore an expired school license, a new School Application shall be
submitted to the board with payment of the restoration fee as set forth in
201 KAR 12:260 for each year the
license has been expired, the total of which shall not exceed $300 per license
restored, and by providing the required items in Section 3(1) through (7) of
this administrative regulation.
Section 14. Salon and Limited Facility Applications.
(1) Each person, firm, or
corporation applying for a license to operate a new or relocating beauty salon,
nail salon, esthetic salon, or limited facility shall submit the Salon
Application or Limited Facility Application, provide the required items in
Section 3(1) through (6) of this administrative regulation, and request an
inspection by the board inspector in writing a minimum of five (5) business
days prior to opening for business.
(2) A new or relocating salon or limited
facility shall comply with all applicable city, county, and state zoning,
building, and plumbing laws, administrative regulations, and codes.
(3) A salon or facility may be located on the
premises of a nursing home or assisted living facility if the salon or facility
meets all requirements of this section.
(4) Any salon or facility located in a
residence shall have a separate outside entrance for business purposes only.
This subsection shall not apply to a nursing home or an assisted living
facility if the home or facility has obtained a salon license from the
board.
(5) A salon or limited
facility shall not open for business prior to issuance of its
license.
(6) Each salon shall, at
all times, maintain a board licensed manager properly licensed in the services
the salon provides.
(7) Salon and
limited facility licenses shall only be mailed to a Kentucky mailing
address..
Section 15. Change in Salon Ownership or Transfer of Interest.
(1) The owners, firm, or corporation
operating a licensed salon shall submit to the board a new Salon Application,
Limited Facility Application, or Manager Change Form, provide the required
items in Section 3(1) through (6) of this administrative regulation, and
provide payment of the license or change fee as set forth in
201 KAR 12:260 no later than
thirty (30) business days prior to selling, transferring, or changing
ownership.
(2) All manager changes
shall be made with the board within ten (10) business days.
(3) No transfer of ownership interest in a
salon shall take effect while the salon license to be transferred is the
subject of ongoing disciplinary action pursuant to
KRS
317A.145.
Section 16. School Licenses.
(1) Each person, firm, or corporation
applying for a license to operate a school shall submit a School Application,
provide the required items in Section 3(1) through (6) of this administrative
regulation, and pay the applicable fee set forth in
201 KAR 12:260.
(2) The School Application shall be
accompanied by:
(a) A proposed student
contract listing all financial charges to enrolling students; and
(b) A proposed floor plan drawn to scale by a
draftsman or architect.
(3) Each school shall comply with city,
county, and statezoning, building, and plumbing laws, administrative
regulations, and codes.
(4) Prior
to license issuance and following the receipt of a completed application with
all accompanying materials, the board inspector and executive director, or
their designee, shall conduct an inspection.
(5)
(a) The
inspection shall be completed within twelve (12) months of the date that the
School Application and all accompanying materials are received unless the board
extends the time period for good cause. "Good cause" includes:
1. An illness or medical condition of the
applicant that prohibits the applicant from completing the final preparations;
or
2. A death, illness, or medical
condition in the applicant's immediate family that prohibits the applicant from
completing the final preparations.
(b) Requests for an extension of time shall
be submitted in writing to the board and shall include:
1. The reason for the extension and the term
of the request; and
2. Supportive
documentation of the extension request.
(6) A license to operate a school shall be
valid only for the location and person, firm, or corporate owner named on the
application. A school license shall not be transferable from one (1) location
to another or from one (1) owner to another.
(7) The school license shall contain:
(a) The name of the proposed school;
and
(b) A statement that the
proposed school may operate educational programs beyond secondary
education.
(8) Each
licensed school shall maintain a board licensed instructor as school manager at
all times.
(9) All newly licensed
schools shall provide proof of initial application for accreditation within two
(2) years of license issuance and become accredited through a US Department of
Education approved cosmetology accreditation authority within five (5) years of
license issuance. Enactment of this administrative regulation shall begin the
timeline for all currently licensed schools.
(10) If accreditation requirements are not
met in the required timeline the school license may be revoked.
Section 17. Change in School Ownership or Management.
(1) The owners, firm,
or corporation operating a licensed school shall submit to the board a new
School Application or a Manager Change Form and payment of the applicable fee
set forth in
201 KAR 12:260 no later than
thirty (30) business days prior to selling, transferring, or changing
ownership.
(2) All manager changes
shall be made with the board within ten (10) business days.
(3) A prospective owner(s) or manager shall
meet all qualifications of KRS Chapter 317A and 201 KAR Chapter 12, and obtain
approval of the board prior to assuming operation of the school.
(4) A school shall not be opened under new
ownership while the current owner still occupies the space.
(5) Written notice from current school owner
including final closure date shall be provided to the board no less than ten
(10) days prior to closure.
(6) All
final student withdrawal and hours posting shall be required prior to new
ownership licensing inspection being completed.
Section 18. Classification as School. Any person, establishment, firm, or corporation that accepts, directly or indirectly, compensation for teaching any subject of cosmetology as defined in KRS 317A.010 shall comply with KRS Chapter 317A and 201 KAR Chapter 12.
Section 19. Owner and Manager Student Prohibited. An owner, partner, stockholder, corporate officer, or a manager of a licensed school shall not be enrolled as a student in the school.
Section 20. Board Member Disclosure. A board member shall disclose to the board a financial interest in a salon or school when submitting an application for a salon or school license.
Section 21. Incorporation by Reference.
(1) The following
material is incorporated by reference:
(a)
"Out of State Transfer Application", July 2022;
(b) "Military Transfer Application", July
2022;
(c) "Certification Request
Form" July 2022;
(d) "Application
for Examination", July 2022;
(e)
"Out of State Application for Examination", July 2022;
(f) "License Application", July
2022;
(g) "Duplicate License
Application", July 2022;
(h)
"Renewal Application", July 20222;
(i) "Restoration Application", July
2022;
(j) "Salon Application", July
2022;
(k) "Limited Facility
Application", July 2022;
(l)
"Manager Change Form", July 2022; and
(m) "School Application", July
2022.
(2) This material
may be inspected, copied, or obtained, subject to applicable copyright law, at
the Kentucky Board of Cosmetology, 1049 US Hwy 127 S, Annex #2, Frankfort,
Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. or on the board's
Web site at http://kbc.ky.gov .
STATUTORY AUTHORITY: KRS 317A.060
Disclaimer: These regulations may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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