Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
317A.060,
317A.140
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
317A.060 requires the board to promulgate
administrative regulations governing the operation of any schools, limited
facilities, and salons of cosmetology, nail technology, threading, eyelash
artistry, makeup artistry, esthetics, and to protect the health and safety of
the public. This administrative regulation establishes inspection and health
and safety requirements for all schools and salons of cosmetology, nail
technology, threading, eyelash artistry, makeup artistry, and esthetics.
Section 1. Public Display.
(1)
(a)
Each licensee or permit holder shall attach his or her picture to the license
or permit and place it in an accessible and conspicuous area in the salon,
limited facility, or school.
(b)
Each licensed facility's license shall be posted in an accessible and
conspicuous area with the information required by this subsection.
(2) A conspicuous area shall be
visible to the public and shall include:
(a)
The main entrance door or window of the premises; and
(b) The workstation of the
employee.
(3) A salon or
school manager shall have the manager's license posted with a picture in an
accessible and conspicuous area at all times.
(4) A school shall, at all times, display in
a centralized and accessible conspicuous public place the student permits of
all students enrolled.
(5) Each
licensed salon, limited facility, or school shall post the most recent
inspection report in an accessible and conspicuous area.
Section 2. Inspections.
(1) Any board member, administrator, or
inspector may enter any establishment licensed by this board or any place
purported to be practicing cosmetology, nail technology, threading, eyelash
artistry, makeup artistry, or esthetics, during reasonable working hours or at
any time when the establishment is open to the public, for the purpose of
determining if an individual, salon, limited facility, or school is complying
with KRS Chapter 317A and 201 KAR Chapter 12.
(2) A board member, administrator, or
inspector may require the licensee or permittee to produce for inspection and
copying books, papers, or records required by the board or pertaining to
licensed activity.
(3) Each
establishment licensed by the board shall be inspected a minimum of two (2)
times per year.
(4) A salon,
limited facility, or school shall, within thirty (30) days, schedule an
inspection of the salon, limited facility, or school after an inspector twice
attempts, but is unable, to inspect the salon or school.
(5) Failure of the salon, limited facility,
or school owner or manager to schedule an inspection within thirty (30) days of
two (2) consecutive failed inspection attempts shall constitute unprofessional
conduct.
(6) The owner and manager
of each establishment licensed by the board shall be responsible for compliance
with KRS Chapter 317A and 201 KAR Chapter 12.
Section 3. Unprofessional Conduct.
Unprofessional conduct under
KRS
317A.140 includes:
(1) Intentionally withholding information or
lying to a board member or board employee who is conducting a lawful inspection
or investigation of an alleged or potential violation of KRS Chapter 317A or
201 KAR Chapter 12;
(2) A salon,
limited facility, or school remaining open to the public if not appropriately
licensed by the board;
(3)
Providing or teaching any cosmetology, nail technology, esthetic, lash
artistry, makeup artistry, or threading services unless appropriately licensed
or permitted by the board under 201 KAR Chapter 12;
(4) Failure to comply with the lawful request
of the board, the executive director, inspector, or agent, which includes:
(a) Refusing to allow entry to perform an
inspection of the licensed premises;
(b) Allow the inspection of or the copying or
production of books, papers, documents, or records of information or material
pertaining to activity licensed by the board or related to the provisions of
KRS Chapter 317A or the administrative regulations promulgated by the board;
or
(c) Refusing to provide a valid
state or federal government issued identification matching the posted license
or permit; or
(d) Removal of any
posted notice from the board pertaining to violations, inspection failures, or
lack of licensure by the board.
(5) Any attempt by a license or permit holder
to bribe a Kentucky Board of Cosmetology representative or induce a board
representative to violate a provision of KRS 317A or 201 KAR Chapter
12;
(6) Any attempt to fraudulently
produce or duplicate board requested documents or licensure; or
(7) Any violation of the Code of Ethics as
stated in
201 KAR 12:230.
Section 4. Signage. The main
entrance to any establishment licensed by the board shall display a sign
indicating a beauty salon, nail salon, esthetic salon, limited facility, or
cosmetology school. The sign shall indicate the name of the salon, limited
facility, or school as it is registered with the Kentucky Board of Cosmetology
and shall be clearly visible at the main entrance of the
establishment.
STATUTORY AUTHORITY:
KRS
317A.060
