Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
317A.020,
317A.050,
317A.060
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
317A.060 requires the board to promulgate
administrative regulations governing permits in threading, makeup artistry,
eyelash artistry, homebound care, and event services. This administrative
regulation establishes procedures for permits.
Section 1. Fees. Permit 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.
Prior Felony Convictions. For any permit 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 4. All
incorporated forms may be replicated in a digital format for online
completion.
Section 5. Threading
and Makeup Artistry Permits.
(1) Any person
who engages in the practice of threading or makeup artistry shall first obtain
a permit from the board by submitting a completed Permit Application and paying
the fee established in
201 KAR 12:260.
(2) The applicant shall include with the
Permit Application:
(a) A copy of the
applicant's government-issued photo identification;
(b) A two (2) by two (2) inch passport photo
of the applicant taken within the past six (6) months; and
(c) Proof of completion of a board approved
sanitation course within the six (6) month period preceding the
application.
Section
6. Eyelash Artistry Permits.
(1)
Any person who engages in the practice of eyelash artistry shall first obtain a
permit from the board by submitting a completed Permit Application and paying
the fee established in
201 KAR 12:260.
(2) The applicant shall include with the
Permit Application:
(a) A copy of the
applicant's government-issued photo identification;
(b) A two (2) by two (2) inch passport photo
of the applicant taken within the past six (6) months;
(c) Proof of completion of a board approved
sanitation course within the past six (6) month period preceding the
application; and
(d) Proof of
completion of a board approved eyelash certificate training program taught by a
licensed instructor within the preceding six (6) months.
Section 7. Homebound Care Permit.
(1) Any person engaging in the cosmetic care
of a homebound or medically infirm individual shall first obtain a permit from
the board by submitting a completed application and paying the fee established
in 201 KAR 12:260.
(2) The applicant shall include with the
Permit Application:
(a) A copy of the
applicant's government-issued photo identification;
(b) A two (2) by two (2) inch passport photo
of the applicant taken within the past six (6) months;
(c) Proof of ownership, employment, or booth
rental agreement with a Kentucky board licensed salon;
(d) Medical release document for the
homebound or infirm individual from a physician, licensed by the Kentucky Board
of Medical Licensure, defining which services can or cannot be safely provided;
and
(e) The address of the location
where services will be provided.
Section 8. Event Services Permit.
(1) Any person engaged in providing on-site
services outside of a board licensed facility for events shall first obtain a
permit from the board by submitting a completed application and paying the fee
established in
201 KAR 12:260.
(2) The applicant shall include with the
Permit Application:
(a) A copy of the
applicant's government-issued photo identification;
(b) A two (2) by two (2) inch passport photo
of the applicant taken within the past six (6) months;
(c) Proof of ownership, employment, or booth
rental agreement with a Kentucky board licensed salon; and
(d) The address of the location where
services will be provided shall be provided to the board two (2) weeks in
advance of each event along with the time frame services will be
provided.
Section
9. Practice before Permit Issuance Prohibited. Any individual
found engaging in the practice of threading, makeup artistry, eyelash artistry,
or providing homebound care or event services prior to the permit issuance
shall be ineligible to receive a permit from the board for a period of one (1)
year from the date of the unauthorized practice and be responsible for the
payment of any fines ordered by the board.
Section 10. Duplicate Permit, Renewal, and
Restoration.
(1) If a permit is lost,
destroyed, or stolen after issuance, a duplicate permit may be issued. The
permit holder shall submit a statement verifying the loss of the permit using
the Duplicate License Application that includes a copy of a government-issued
photo identification and pay the duplicate permit 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 permits shall:
(a) Be
renewed using the board's online portal;
(b) Include the required copy of a
government-issued photo identification;
(c) Include payment of the fee set forth in
201 KAR 12:260;
(d) Include payment of any outstanding fines
associated with a prior disciplinary action as described in
KRS
317A.145;
(e) Disclose to the board the current name
and license number of the facility where the permit holder is working;
and
(f) Include a current passport
style headshot photo.
(3) To restore an expired permit, a
Restoration Application shall be digitally submitted to the board with payment
of the restoration fee as set forth in
201 KAR 12:260 for each year the
permit has been expired, the total of which shall not exceed $300 per permit
restored, along with a copy of a government-issued photo
identification.
Section
11. Eyelash Artistry Training Programs.
(1) An eyelash training program may be
approved by the board upon submission of:
(a)
A written request for consideration;
(b) A copy of the applicant's
government-issued photo identification;
(c) A two (2) by two (2) inch passport photo
of the applicant taken within the past six (6) months;
(d) A copy of the Kentucky cosmetology or
esthetics instructor license verifying the credentials to teach the
course;
(e) A completed training
manual with detailed instructions on safety, infection control, eye diseases,
contraindications, application and removal procedures, and product knowledge.
The manual shall also contain current Kentucky Statutes and Regulations on
scope of practices, requirements for facility and personal licensure, and
infection control standards; and
(f) A copy of a training contract that
outlines the responsibility of the training company, cost for classes, and
completion requirements.
(2) Failure to seek approval as required by
subsection (1) of this section shall invalidate all certifications issued to
trainees and submitted by permit applicant.
(3) 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.
(4) A licensed cosmetology or esthetics
school may seek course approval by submitting a curriculum packet for review
and providing proof that the instructor has appropriate credentials to train in
eyelash artistry.
Section
12. Eyelash Training Course Administration.
(1) Upon board approval of an eyelash
artistry training program the instructor or program director shall, ten (10)
business days prior to the start of the program, submit to the board:
(a) The date and time of the training
course;
(b) A class roster of
anticipated attendees; and
(c) A
copy of the completed contract for each attendee.
(2) Upon completion of the reported course,
the instructor or program director shall submit to the board a signed and dated
roster of attendees.
(3) Any
student not listed with a signature on the class roster may be considered
absent and may not be considered for a permit to practice from the
board.
Section 13.
Demonstration Permits. Professional services performed outside a licensed
facility, including charity events and hair shows, require approval of the
board and shall display the proper permit. Permits may be obtained by
completing the Demonstration Permit Application and paying the applicable fee
set forth in
201 KAR 12:260.
Section 14. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "Permit Application", July
2022; and
(b) "Demonstration Permit
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
