{"data":{"id":"us-ky/krs-317a.020","jurisdiction":"us-ky","citation":"KRS 317A.020","heading":"Scope of chapter -- Licensure requirements -- Emergency orders --","body":"Warning notice -- Legal actions brought by the board -- Board duties -- Use of\ncallus graters.\n(1) No person shall engage in the practice of cosmetology, esthetic pr actices, or nail\ntechnology for other than cosmetic purposes nor shall any person engage in the\npractice of cosmetology, esthetic practices, or nail technology for the treatment of\nphysical or mental ailments. This chapter does not apply to:\n(a) Persons au thorized by the law of this state to practice medicine, podiatry,\noptometry, dentistry, chiropractic, nursing, or embalming who perform\nincidental practices of cosmetology, esthetic practices, and nail technology in\nthe normal course of the practice of their profession;\n(b) Commissioned medical or surgical personnel of the United States Armed\nForces who perform incidental practices of cosmetology, esthetic practices, or\nnail technology in the course of their duties;\n(c) Cosmetology, esthetic practices, or n ail technology services performed at an\ninstitution operated or under contract to the Department of Corrections or the\nDepartment of Juvenile Justice; and\n(d) Persons engaged in natural hair braiding.\n(2) Except as provided in subsection (1) of this sectio n, no person shall engage in the\npractice of cosmetology, esthetic practices, or nail technology for the public,\ngenerally, or for consideration without the appropriate license required by this\nchapter.\n(3) No person unless duly and properly licensed pursuant to this chapter shall:\n(a) Teach cosmetology, esthetic practices, or nail technology;\n(b) Operate a beauty salon;\n(c) Operate an esthetic salon;\n(d) Act as an esthetician;\n(e) Operate a nail salon;\n(f) Act as a nail technician; or\n(g) Conduct or operate a school for cosmetologists, estheticians, or nail\ntechnicians.\n(4) No person shall aid or abet any person in violating this section, nor shall any person\nengage or employ for consideration any person to perform any practice licensed by\nthis chapter unless the person to perform the practice holds and displays the\nappropriate license.\n(5) No licensed cosmetology or esthetic practices instructors, licensed cosmetologists,\nlicensed estheticians, or licensed n ail technicians shall hold clinics for teaching or\ndemonstrating for personal profit, either monetary or otherwise, if the clinics are not\nsponsored by a recognized professional cosmetologist's, esthetician's, or nail\ntechnician's group.\n(6) Whenever a per son engages in different practices separately licensed, certified, or\npermitted by this chapter, that person shall procure a separate license, certificate, or\npermit for each of the practices in which the person engages.\n(7) The board shall:\n(a) Govern all issues related to this chapter;\n(b) Investigate alleged violations brought to its attention, conduct investigations,\nand schedule and conduct administrative hearings in accordance with KRS\nChapter 13B to enforce the provisions of this chapter and administ rative\nregulations promulgated pursuant to this chapter;\n(c) Administer oaths, receive evidence, interview persons, and require the\nproduction of books, papers, documents, or other evidence; and\n(d) Have the authority to take emergency action affecting the  legal rights, duties,\nprivileges, or immunities of named persons without a hearing to stop, prevent,\nor avoid an immediate danger to the public health, safety, or welfare, in\naccordance with KRS 13B.125(1), subject to the following:\n1. An emergency order shall be based upon verified probable cause or\nsubstantial evidence, documented by the board, that the emergency\norder is in the interest of public health, welfare, and safety of any\ncustomer, patient, or the general public; and\n2. Upon the issuance of an emergency order, the board shall comply with\nthe administrative hearing procedures in KRS 13B.125(3) to determine\nthe reinstatement of operations of the licensed facility.\n(8) (a) Unless a documented and verified violation creates an immediate and present\ndanger to the health and safety of the public, a warning notice shall be first\nissued prior to imposing incremental punitive action against an otherwise\nlawful salon. The warning notice shall include a specific and detailed\ndescription of the violation and  the specific remediation required to bring the\nsalon into compliance.\n(b) It shall be deemed an immediate and present danger to the health and safety of\nthe public if it is documented and verified that a licensee knowingly employs\nor utilizes the services of an unlicensed individual.\n(9) The board may:\n(a) Bring and maintain actions in its own name to enjoin any person in violation\nof any provision of this chapter. These actions shall be brought in the Circuit\nCourt of the county where the violation is alleged to have occurred; and\n(b) Refer violations of this chapter to county attorneys, Commonwealth's\nattorneys, and to the Attorney General.\n(10) Nothing in this section shall be construed to prohibit an instructor, student,\ncosmetologist, or nail technicia n from using callus graters for callus removal, and\nthe board shall not promulgate any administrative regulation prohibiting the use of\ncallus graters for callus removal.","path":["KRS Chapter 317A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=56210","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:13Z","sha256":"3b2f44695abae58e8df0aaa6f66b456da5beb4e5064e4be017876ab594ff3d21","source_id":"us-ky","stale":false,"prev":"us-ky/krs-317a.010","next":"us-ky/krs-317a.030"},"notice":"GroundRules: Original legal text. Not legal advice."}