Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
317A.020,
317A.050,
317A.090
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
317A.060(1)(h) requires the
board to promulgate administrative regulations governing the hours and courses
of instruction at schools of cosmetology, esthetic practices, and nail
technology. KRS
317A.090 establishes licensing requirements
for schools of cosmetology, esthetic practices, and nail technology. This
administrative regulation establishes requirements for the hours and courses of
instruction, reporting, education requirements, and administrative functions
required for students and faculty for schools of cosmetology, esthetic
practices, and nail technology.
Section
1. Subject Areas. The regular courses of instruction for
cosmetology students shall contain courses relating to the 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:
(a) Principles of Hair Design;
(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;
(c) Facial Makeup; and
(d) Application of Artificial
Eyelashes.
(5) Nails:
(a) Manicuring;
(b) Pedicuring;
(c) Nail Tips and Wraps;
(d) Monomer Liquid and Polymer Powder Nail
Enhancements;
(e) Light Cured
Gels;
(f) Nail Structure and
Growth; and
(g) Nail Diseases and
Disorders.
(6) Business
Skills:
(a) Preparation for Licensure and
Employment;
(b) On the Job
Professionalism; and
(c) Salon
Businesses.
Section
2. A school or program of instruction of any practice licensed or
permitted in KRS Chapter 317A or 201 KAR Chapter 12 shall teach the students
about the various supplies and equipment used in the usual salon
practices.
Section 3. Instructional
Hours.
(1) A cosmetology student shall receive
not less than 1,500 hours in clinical class work and scientific lectures with a
minimum of:
(a) 375 lecture hours for science
and theory;
(b) 1,085 clinic and
practice hours; and
(c) Forty (40)
hours on the subject of applicable Kentucky statutes and administrative
regulations.
(2) A
cosmetology student shall not perform chemical services on the public until the
student has completed a minimum of 250 hours of instruction.
Section 4. Training Period for
Cosmetology Students, Nail Technician Students, Esthetician Students, and
Apprentice Instructors.
(1) A training period
for a student shall be no more than eight (8) hours per day, forty (40) hours
per week.
(2) A student shall be
allowed thirty (30) minutes per eight (8) hour day or longer for meals or a
rest break. This thirty (30) minute period shall not be credited toward a
student's instructional hours requirement.
Section 5. Laws and Regulations.
(1) 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 201 KAR Chapter 12.
(2) Schools or programs of instruction of any
practice licensed or permitted in KRS Chapter 317A or 201 KAR Chapter 12 shall
provide a copy of KRS Chapter 317A and 201 KAR Chapter 12 to each student upon
enrollment.
Section 6.
Nail Technician Curriculum. The nail technician course of instruction 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.
Section 7. Nail Technology Hours
Required.
(1) A nail technician student shall
receive no less than 450 hours in clinical and theory class work with a minimum
of:
(a) 150 lecture hours for science and
theory;
(b) Twenty-five (25) hours
on the subject of applicable Kentucky statutes and administrative regulations;
and
(c) 275 clinic and practice
hours.
(2) A nail
technician student shall have completed sixty (60) hours before providing
services to the general public. Clinical practice shall be performed on other
students or mannequins during the first sixty (60) hours.
Section 8. Apprentice Instructor Curriculum.
The course of instruction for an apprentice instructor of any practice licensed
or permitted in KRS Chapter 317A or 201 KAR Chapter 12 shall include no less
than 750 hours, 425 hours of which shall be in direct contact with students.
325 hours of the required theory instruction may be taken in person or online,
in the following areas:
(1)
Orientation;
(2) Psychology of
student training;
(3) Introduction
to teaching;
(4) Good grooming and
professional development;
(5)
Course outlining and development;
(6) Lesson planning;
(7) Teaching techniques (methods);
(8) Teaching aids, audio-visual
techniques;
(9) Demonstration
techniques;
(10) Examinations and
analysis;
(11) Classroom
management;
(12)
Recordkeeping;
(13) Teaching
observation;
(14) Teacher
assistant; and
(15) Pupil teaching
(practice teaching).
Section
9. Supervision.
(1) An apprentice
instructor shall be under the immediate supervision and instruction of a
licensed instructor while providing any instruction for students. "Immediate
supervision" requires that a licensed instructor is physically present in the
same room and overseeing the activities of the apprentice instructor at all
times.
(2) An apprentice instructor
shall not assume the duties and responsibilities of a licensed supervising
instructor.
(3) An apprentice
instructor shall not teach any practices defined in KRS Chapter 317A or 201 KAR
Chapter 12 outside of the board licensed school in which the individual is
enrolled.
Section 10.
Instructors Online Theory Course. All online theory instruction completed to
comply with Section 8 of this administrative regulation shall be administered
from an approved digital platform at a licensed Kentucky school of cosmetology,
esthetic practices, or nail technology.
Section
11. Additional Coursework. Apprentice Esthetics and Nail
Technology Instructors shall also complete an additional fifty (50) hours of
advanced course work in that field within a two (2) year period prior to the
instructor examination.
Section 12.
Schools may enroll persons for a special supplemental course in any
subject.
Section 13. 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 Massage;
(d) Facial Machines;
(e) Hair Removal;
(f) Advanced Topics and Treatments;
(g) Application of Artificial Eyelashes;
and
(h) Makeup.
(5) Business Skills:
(a) Career Planning;
(b) The Skin Care Business; and
(c) Selling Products and Services.
Section 14. Esthetician
Hours Required.
(1) An esthetician student
shall receive no less than 750 hours in clinical and theory class work with a
minimum of:
(a) 250 lecture hours for science
and theory;
(b) Thirty-five (35)
hours on the subject of applicable Kentucky statutes and administrative
regulations; and
(c) 465 clinic and
practice hours.
(2) An
esthetician student shall have completed 115 hours before providing services to
the general public. Clinical practice shall be performed on other students or
mannequins during the first 115 hours.
Section 15. Shampoo Styling License Subject
Areas. The regular courses of instruction for blow drying services license
students shall contain courses relating to the 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 of head, neck, and scalp;
(c) Skin Disorders and Diseases of head,
neck, and scalp;
(d) Properties of
the Hair and Scalp; and
(e) Basics
of Electricity.
(3) Hair
Care:
(a) Principles of Hair Design;
(b) Scalp Care, Shampooing, and
Conditioning;
(c) Hair
Styling;
(d) Blow drying;
(e) Roller Placement;
(f) Finger waves or pin curls;
(g) Thermal curling;
(h) Flat iron styling;
(i) Wig and Hair Additions; and
(j) Long hair styling.
(4) Business Skills:
(a) Preparation for Licensure and
Employment;
(b) On the Job
Professionalism; and
(c) Salon
Businesses.
Section
16. Shampoo Styling License Hours Required.
(1) A shampoo styling services license
student shall receive no less than 300 hours in clinical and theory class work
with a minimum of:
(a) 100 lecture hours for
science and theory;
(b) Twenty-five
(25) hours on the subject of applicable Kentucky statutes and administrative
regulations; and
(c) 175 clinic and
practice hours.
(2) A
shampoo styling services license student shall have completed sixty (60) hours
before providing services to the general public. Clinical practice shall be
performed on other students or mannequins during the first sixty (60)
hours.
Section 17.
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 shall 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 Hours
form.
Section 18. Student Records.
Each school shall:
(1) Maintain a legible and
accurate daily attendance record used only for the verification and tracking of
the required contact hours for education for all full-time students, part-time
students, and apprentice instructors with records that shall be recorded using
a digital biometric time keeping program as follows:
(a) All beginning, end, break, and lunch
times shall be recorded; and
(b)
All instructors shall comply with the biometric time keeping system.
(2) Keep a record of each
student's practical work and work performed on clinic patrons;
(3) Maintain a detailed record of all student
enrollments, withdrawals, and dismissals for a period of five (5) years;
and
(4) Make records required by
this section available to the board and its employees upon request.
Section 19. Certification of
Hours.
(1) Schools shall forward to the board
digital certification of a student's hours completed within ten (10) business
days of a student's withdrawal, dismissal, completion, or the closure of the
school.
(2) No later than the tenth
day of each month, a licensed school shall submit to the board via electronic
delivery a certification of each student's or apprentice instructor's total
hours obtained for the previous month and the total accumulated hours to date
for all individuals enrolled. Amended reports shall not be accepted by the
board without satisfactory proof of error. Satisfactory proof of error shall
require, at a minimum, a statement signed by the school manager certifying the
error and the corrected report.
Section 20. No Additional Fees. Schools shall
not charge the enrolled individual additional fees beyond the agreed upon
contracted amount.
Section 21.
Instructor Licensing and Responsibilities.
(1)
A person employed by a school or program for the purpose of teaching or
instruction shall be licensed by the board as an instructor and shall post his
or her license as required by
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)
Licensed schools shall not permit an instructor or apprentice instructor to
perform services in the school for compensation.
(5) An instructor shall not permit students
to instruct or teach other students in the instructor's absence.
(6) Except as provided in subsection (7) of
this section, schools may not permit a demonstrator to teach in a licensed
school.
(7) A properly qualified,
licensed individual may demonstrate a new process, preparation, or appliance in
a licensed school if a licensed instructor is present.
(8) Licensed schools or programs of
instruction in any practice licensed or permitted in KRS Chapter 317A or 201
KAR Chapter 12 shall, at all times, maintain a minimum faculty to student ratio
of one (1) instructor for every twenty (20) students enrolled and
supervised.
(9) Licensed schools or
programs of instruction in any practice licensed or permitted in KRS Chapter
317A or 201 KAR Chapter 12 shall, at all times, maintain a minimum ratio of one
(1) instructor for every two (2) apprentice instructors enrolled and
supervised.
(10) Within ten (10)
business days of the termination, employment, and other change in school
faculty personnel, a licensed school shall notify the board of the
change.
(11) All instructors on
staff within a licensed school shall be designated as full-time, part-time, or
substitute instructors to the board when reporting employment.
Section 22. School Patrons.
(1) All services rendered in a licensed
school to the public shall be performed by students. Instructors may teach and
aid the students in performing the various services.
(2) A licensed school shall not guarantee a
student's work.
(3) A licensed
school shall display in the reception room, clinic room, or any other area in
which the public receives services a sign to read: "Work Done by Students
Only." The letters shall be a minimum of one (1) inch in height.
Section 23. Enrollment.
(1) Any person enrolling in a school or
program for instruction in any practice licensed or permitted in KRS Chapter
317A or 201 KAR Chapter 12 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 grade 12.
(d)
Apprentice instructors shall provide proof of individual licensure issued at
minimum one (1) year prior to enrollment date to demonstrate compliance with
the applicable requirements set forth in
KRS
317A.050.
(2) The applicant shall provide with the
enrollment a passport-style photograph taken within thirty (30) days of
submission of the application.
(3)
A student or apprentice instructor enrolling in a licensed school who desires
to transfer hours from an out-of-state school shall, prior to enrollment,
provide to the board certification of the hours to be transferred from the
state agency that governs the out-of-state school.
(4) If the applicant is enrolled in a board
approved program at an approved Kentucky high school, the diploma, GED, or
equivalency requirement of this section shall not be necessary until
examination.
(5) All enrollments
shall be accompanied by the proper fee as established in
201 KAR 12:260.
Section 24. Certificate of
Enrollment.
(1) Schools shall submit to the
board a digital enrollment, accompanied by the applicant's proof of education
and proof of licensure if enrolling as an apprentice instructor, as established
in Section 23 of this administrative regulation, within ten (10) business days
of enrollment.
(2) All
identification information submitted on the school's digital enrollment shall
exactly match a state or federal government-issued identification card to take
the examination. If corrections shall be made, the school shall submit the
Enrollment Correction Application digitally and the enrollment correction fee
in 201 KAR 12:260 within ten (10)
days of the erroneous submission. Students with incorrect enrollment
information shall not be registered for an examination.
Section 25. Student Compensation.
(1) Schools shall not pay a student a salary
or commission while the student is enrolled at the school.
(2) Licensed schools shall not guarantee
future employment to students.
(3)
Licensed schools shall not use deceptive statements and false promises to
induce student enrollment.
(4) An
apprentice instructor may receive compensation as a teaching
assistant.
Section 26.
Hours of Operation. All schools shall report hours of operation to the board.
Any change of hours or closures shall be reported no less than ten (10)
business days in advance of change or closure.
Section 27. Transfers. An individual desiring
to transfer to another licensed school shall:
(1) Within ten (10) days, notify the school
in which the individual is presently enrolled of the withdrawal in writing;
and
(2) Complete a digital
enrollment as required for the new school.
Section 28. Refund Policy. A school shall
include the school's refund policy in all enrollment contracts.
Section 29. Student Complaints. A student or
apprentice instructor may file a complaint with the board concerning the school
in which the individual is enrolled, by following the procedures outlined in
201 KAR 12:190.
Section 30. Student Leave of Absence. The
school shall report an individual's leave of absence to the board within ten
(10) business days. The leave shall be reported:
(1) In writing from the individual to the
school; and
(2) Clearly denote the
beginning and end dates for the leave of absence.
Section 31. Withdrawal. Within ten (10)
business days from a student or apprentice instructor's withdrawal, a licensed
school shall report the name of the withdrawing individual to the
board.
Section 32. Credit for Hours
Completed. The board shall credit hours previously completed in a licensed
school as follows:
(1) Full credit (hour for
hour) for hours completed within five (5) years of the date of school
enrollment; and
(2) No credit for
hours completed five (5) or more years from the date of school
enrollment.
Section 33.
Program Transfer Hours. An individual transferring valid hours between board
licensed schools or a current licensee choosing to enroll into a licensed
school to learn the practice of cosmetology, esthetics, shampoo styling, or
nail technology shall complete and submit the Program Hour Transfer Request
form. With exceptions as listed in subsection 1 through 4 of this section, an
individual shall not transfer hours from one (1) discipline to another. Upon
receiving a completed Program Hour Transfer Request form, the board shall treat
the transferred valid hours or license as earned credit hours in a cosmetology
program subject to the following:
(1) Transfer
of a current esthetics license shall credit the transferee no more than 400
hours in a cosmetology program;
(2)
Transfer of a current nail technologist license shall credit the transferee no
more than 200 hours in a cosmetology program;
(3) Transfer of a current shampoo styling
license shall credit the transferee no more than 300 hours in a cosmetology
program; or
(4) Transfer of a
current barber license shall credit the transferee no more than 750 hours in a
cosmetology program.
(5) Credit
hours transferred pursuant to this section shall only take effect upon the
transferee's completion of the remaining hours necessary to complete a
cosmetology program.
Section
34. Emergency Alternative Education. Digital theory content may be
administered by a licensed school if forced long-term or intermittent emergency
closure or closures are due to a world health concern or crisis as cited by
national or state authority. The board may determine when emergency alternative
education shall begin and end based on the effect of the state of emergency on
education standards and shall make determinations in compliance with state and
national declarations of emergency. The necessary compliance steps for
implementation are as follows:
(1) Full
auditable attendance records shall be kept showing actual contact time spent by
a student in the instruction module.
(2) Milady or Pivot Point supported digital
curriculum platforms or recorded video conference participation shall be
used.
(3) Schools shall submit an
outline to the board within ten (10) days prior to the occurrence of the
alternative education defining the content scope to be taught or completed, and
a plan for a transition into a digital training environment. Plans may be
submitted for approval by the board to be kept for future use if emergency
alternative education is allowable.
(4) Completion certificates showing final
scoring on digital modules shall be maintained in student records.
(5) Schools and students shall comply with
Section 4 of this administrative regulation on accessible hours.
(6) No student shall accrue more than the
total required theory instruction hours outlined in the instructional sections
in emergency alternative education time as established in Sections 3(1)(a),
7(1)(a), 14(1)(a), and 16(1)(a) of this administrative regulation.
(7) The board may determine eligibility for
accruals based on duration of the crisis and applicable time limits for
alternative emergency education availability.
Section 35. Incorporation by Reference. The
following material is incorporated by reference:
(1)
(a)
"Certification of Student Extracurricular Event Hours", July 2022;
(b) "Enrollment Correction Application", July
2022; and
(c) "Program Hour
Transfer Request Form", 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. This material is also available on the
board's Web site at kbc.ky.gov.
STATUTORY AUTHORITY:
KRS
317A.060,
317A.090
