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Title 201 | Chapter 012 | Regulation 082E


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STATEMENT OF EMERGENCY
201 KAR 12:082E

BOARDS AND COMMISSIONS
Board of Cosmetology
(Emergency Amended After Comments)

201 KAR 12:082E.Education requirements and school administration.

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; and

(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; and

(e)

Light Cured Gels.

(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 listed in KRS Chapter 317A or 201 KAR Chapter 12 of cosmetology, esthetic practices, and nail technology 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)ten (10) 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 listed in KRS Chapter 317A or 201 KAR Chapter 12 of cosmetology, esthetic practices, and nail technology, 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 listed 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. An apprentice instructor shall be under the immediate supervision and instruction of a licensed instructor during the school day. An apprentice instructor shall not assume the duties and responsibilities of a licensed supervising instructor.

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 Message;

(d)

Facial Machines;

(e)

Hair Removal;

(f)

Advanced Topics and Treatments; and

(g)

Application of Artificial Eyelashes; and

(h)(g)

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.

Blow Drying Services 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/ 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.

Blow Drying Services License Hours Required.

(1)

A blow drying services license student shall receive no less than 400 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 blow drying 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;

(b)

All instructors shall comply with the biometric time keeping system; and

(c)

Previously licensed schools will have six (6) months from the effective date of this administrative regulation to comply.

(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 10th day of each month, a licensed school shall submit to the board via electronic delivery a certification of each student's total hours obtained for the previous month and the total accumulated hours to date for all students 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 students additional fees beyond the contracted amount.

Section 21.

Instructor Licensing and Responsibilities.

(1)

A person employed by a cosmetology, nail technology, or esthetic practices 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 to perform services in the school for compensation during school hours.

(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 listed in KRS Chapter 317A or 201 KAR Chapter 12 cosmetology, esthetic practices, and nail technology 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 listed in KRS Chapter 317A or 201 KAR Chapter 12 cosmetology, esthetic practices, and nail technology 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.

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 listed in KRS Chapter 317A or 201 KAR Chapter 12 for a cosmetology, nail technician, or esthetics course 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 the twelfth grade of high school.

(2)

The applicant shall provide with the enrollment a passport photograph taken within thirty (30) days of submission of the application.

(3)

A student 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 is not necessary until examination.

Section 24.

Certificate of Enrollment.

(1)

Schools shall submit to the board the student's digital enrollment, accompanied by the applicant's proof of education, as established in Section 23 of this administrative regulation, within ten (10) business days of enrollment.

(2)

All student identification information 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 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.

Section 26.

Transfer. A student desiring to transfer to another licensed school shall:

(1)

Notify the school in which the student is presently enrolled of the student's withdrawal; and

(2)

Complete a digital enrollment as required for the new school.

Section 27.

Refund Policy. A school shall include the school's refund policy in school-student contracts.

Section 28.

Student Complaints. A student may file a complaint with the board concerning the school in which the student is enrolled, by following the procedures outlined in 201 KAR 12:190.

Section 29.

Student Leave of Absence. The school shall report a student's leave of absence to the board within ten (10) business days. The leave shall be reported:

(1)

In writing from the student to the school; and

(2)

Clearly denote the beginning and end dates for the leave of absence.

Section 30.

Student Withdrawal. Within ten (10) business days from a student's withdrawal, a licensed school shall report the name of the withdrawing student to the board.

Section 31.

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 32.

Program Transfer Hours. If a current licensee chooses to enter into the practice of cosmetology, they shall complete and submit the Program Hour Transfer Request form. Upon receiving a completed Program Hour Transfer Request form, the board shall treat the transferred 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 blow drying services 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 33.

Emergency Alternative Education. Digital theory content may be administered by a licensed school in the event of forced long-term or intermittent emergency closure(s) due to a world health concern or crisis to be approved by the board. The board may determine when emergency alternative education shall begin and end. The necessary compliance steps for implementation are:

(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 supported Mind Tap, Pivot Point supported LAB, or recorded video conference participation shall be used.

(3)

Schools shall submit an outline to the board within ten (10) days prior to occurrence 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 in the event 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 regulation on accessible hours.

(6)

No student shall accrue more than the total required theory instruction hours outlined in the above instructional sections in emergency alternative education time.

(7)

Board may determine eligibility for accruals based on duration of crisis and applicable time limits for alternative emergency education availability.

Section 34.

Section 33. Incorporation by Reference. The following material is incorporated by reference:

(1)

 

(a)

"Certification of Student Extracurricular Event Hours", October 2018;

(b)

"Enrollment Correction Application", October 2018; and

(c)

"Program Hour Transfer Request Form", January 2019April 2020.

(2)(2)

This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Board of Cosmetology, 111 St. James Court, Suite A, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.]

HISTORY: EFFECTIVE: December 1, 2021 (Prior versions: 48 Ky.R. 1486; eff. 10-1-2021)

MARGARET MEREDITH, Board Chair
APPROVED BY AGENCY: December 1, 2021
FILED WITH LRC: December 14, 2021 at 1:03 p.m.
CONTACT PERSON: Julie M. Campbell, Board Administrator, 1049 US Hwy 127 S. Annex #2, Frankfort, Kentucky 40601, phone (502) 564-4262, email julie.campbell@ky.gov.

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Julie M. Campbell
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes requirements for the hours and courses of instruction, reporting, education requirements, and administrative functions for licensed schools of cosmetology, esthetics, and nail technology in Kentucky.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to ensure standardized education that complies with state statutes.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This administrative regulation conforms to all aspects of KRS 317A.050 and 317A.090.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation outlines and defines education standards and the quantity of course hours required for licensed schools and students seeking Kentucky licensure by the board.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
The current pandemic of COVID-19 requires the need for possible temporary alternative education methods it creates that option temporarily
(b) The necessity of the amendment to this administrative regulation:
This amendment will create a temporary pathway for alternative education in light of the world pandemic COVID-19.
(c) How the amendment conforms to the content of the authorizing statutes:
This amendment provides additional education options for currently licensed schools.
(d) How the amendment will assist in the effective administration of the statutes:
This amendment will provide an updated regulatory scheme for licensed schools that complies with the governing statute.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
There are 58 licensed cosmetology schools this will only effect those facilities and any individuals planning on opening a school.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
Each licensed entity will have the option to provide education in this manner during the pandemic.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
There is not a forced additional cost to this measure. It is optional.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
This amendment will allow alternative education methods as defined during the emergency created by COVID-19.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
No additional funds are necessary initially to implement this amendment.
(b) On a continuing basis:
No additional funds are necessary on an ongoing basis to implement this amendment.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
All Kentucky Board of Cosmetology funding comes from fees collected from licensees and applicants. Current funding will not change as a result of this amendment.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
No changes or increases in fees are anticipated as a result of this amendment.
(8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees:
No fees are created directly or indirectly for the agency by this amendment.
(9) TIERING: Is tiering applied?
Tiering is not applied as the requirements of this administrative regulation apply equally to all licensed schools.

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT
(1) What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
Kentucky Board of Cosmetology.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 317A.050 and KRS 317A.060.
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
There is no anticipated effect on state or local government agency revenue as a result of this amendment.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
No additional revenue is anticipated as a result of this amendment.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
No additional revenue is anticipated as a result of this amendment.
(c) How much will it cost to administer this program for the first year?
No additional cost is anticipated for the first year.
(d) How much will it cost to administer this program for subsequent years?
No additional cost is anticipated for subsequent years.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Not applicable.
Expenditures (+/-):
Not applicable.
Other Explanation:
Not applicable.

7-Year Expiration: 5/4/2029

Last Action: 5/9/2022


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