KRS 317A.020: Scope of chapter -- Licensure requirements -- Emergency orders --

Warning notice -- Legal actions brought by the board -- Board duties -- Use of

callus graters.

(1) No person shall engage in the practice of cosmetology, esthetic pr actices, or nail

technology for other than cosmetic purposes nor shall any person engage in the

practice of cosmetology, esthetic practices, or nail technology for the treatment of

physical or mental ailments. This chapter does not apply to:

(a) Persons au thorized by the law of this state to practice medicine, podiatry,

optometry, dentistry, chiropractic, nursing, or embalming who perform

incidental practices of cosmetology, esthetic practices, and nail technology in

the normal course of the practice of their profession;

(b) Commissioned medical or surgical personnel of the United States Armed

Forces who perform incidental practices of cosmetology, esthetic practices, or

nail technology in the course of their duties;

(c) Cosmetology, esthetic practices, or n ail technology services performed at an

institution operated or under contract to the Department of Corrections or the

Department of Juvenile Justice; and

(d) Persons engaged in natural hair braiding.

(2) Except as provided in subsection (1) of this sectio n, no person shall engage in the

practice of cosmetology, esthetic practices, or nail technology for the public,

generally, or for consideration without the appropriate license required by this

chapter.

(3) No person unless duly and properly licensed pursuant to this chapter shall:

(a) Teach cosmetology, esthetic practices, or nail technology;

(b) Operate a beauty salon;

(c) Operate an esthetic salon;

(d) Act as an esthetician;

(e) Operate a nail salon;

(f) Act as a nail technician; or

(g) Conduct or operate a school for cosmetologists, estheticians, or nail

technicians.

(4) No person shall aid or abet any person in violating this section, nor shall any person

engage or employ for consideration any person to perform any practice licensed by

this chapter unless the person to perform the practice holds and displays the

appropriate license.

(5) No licensed cosmetology or esthetic practices instructors, licensed cosmetologists,

licensed estheticians, or licensed n ail technicians shall hold clinics for teaching or

demonstrating for personal profit, either monetary or otherwise, if the clinics are not

sponsored by a recognized professional cosmetologist's, esthetician's, or nail

technician's group.

(6) Whenever a per son engages in different practices separately licensed, certified, or

permitted by this chapter, that person shall procure a separate license, certificate, or

permit for each of the practices in which the person engages.

(7) The board shall:

(a) Govern all issues related to this chapter;

(b) Investigate alleged violations brought to its attention, conduct investigations,

and schedule and conduct administrative hearings in accordance with KRS

Chapter 13B to enforce the provisions of this chapter and administ rative

regulations promulgated pursuant to this chapter;

(c) Administer oaths, receive evidence, interview persons, and require the

production of books, papers, documents, or other evidence; and

(d) Have the authority to take emergency action affecting the legal rights, duties,

privileges, or immunities of named persons without a hearing to stop, prevent,

or avoid an immediate danger to the public health, safety, or welfare, in

accordance with KRS 13B.125(1), subject to the following:

1. An emergency order shall be based upon verified probable cause or

substantial evidence, documented by the board, that the emergency

order is in the interest of public health, welfare, and safety of any

customer, patient, or the general public; and

2. Upon the issuance of an emergency order, the board shall comply with

the administrative hearing procedures in KRS 13B.125(3) to determine

the reinstatement of operations of the licensed facility.

(8) (a) Unless a documented and verified violation creates an immediate and present

danger to the health and safety of the public, a warning notice shall be first

issued prior to imposing incremental punitive action against an otherwise

lawful salon. The warning notice shall include a specific and detailed

description of the violation and the specific remediation required to bring the

salon into compliance.

(b) It shall be deemed an immediate and present danger to the health and safety of

the public if it is documented and verified that a licensee knowingly employs

or utilizes the services of an unlicensed individual.

(9) The board may:

(a) Bring and maintain actions in its own name to enjoin any person in violation

of any provision of this chapter. These actions shall be brought in the Circuit

Court of the county where the violation is alleged to have occurred; and

(b) Refer violations of this chapter to county attorneys, Commonwealth's

attorneys, and to the Attorney General.

(10) Nothing in this section shall be construed to prohibit an instructor, student,

cosmetologist, or nail technicia n from using callus graters for callus removal, and

the board shall not promulgate any administrative regulation prohibiting the use of

callus graters for callus removal.