Kentucky Statutes 317A.020 – Scope of chapter — Licensure requirements — Legal actions brought by board — Emergency orders — Board duties
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(1) No person shall engage in the practice of cosmetology, esthetic practices, 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 authorized 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 nail 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 section, 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 nail 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 person 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 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;
(b) Issue an emergency order in accordance with KRS § 13B.125 against any facility licensed by the board. The emergency order shall be based upon probable cause by the board that the emergency order is in the public interest and that there is substantial evidence of immediate danger to the health, welfare, and safety of any customer, patient, or the general public; and
(c) Institute civil and criminal proceedings against violators of this chapter. The Attorney General, Commonwealth’s attorneys, and county attorneys shall assist the board in prosecuting violations of this chapter.
(8) 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 administrative 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.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 235, sec. 3, effective July 14, 2022. — Amended
2018 Ky. Acts ch. 46, sec. 13, effective March 30, 2018. — Amended 2016 Ky. Acts ch. 48, sec. 2, effective July 15, 2016. — Amended 2013 Ky. Acts ch. 72, sec. 6, effective June 25, 2013. — Amended 2012 Ky. Acts ch. 152, sec. 2, effective July 12,
2012. — Amended 1996 Ky. Acts ch. 82, sec. 2, effective July 15, 1996. — Created
1974 Ky. Acts ch. 354, sec. 2.
(a) Persons authorized 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;
Terms Used In Kentucky Statutes 317A.020
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Beauty salon: means any establishment in which the practice of cosmetology is conducted for the general public or for consideration. See Kentucky Statutes 317A.010
- Board: means the Kentucky Board of Cosmetology. See Kentucky Statutes 317A.010
- Contract: A legal written agreement that becomes binding when signed.
- Cosmetologist: means a person who engages in the practice of cosmetology for the public generally or for consideration, regardless of the name under which the practice is conducted. See Kentucky Statutes 317A.010
- Cosmetology: means the practice of: (a) Hair styling. See Kentucky Statutes 317A.010
- Esthetic practices: means one (1) or more of the following acts:
(a) Beautifying, cleansing, cosmetic preparations, exfoliating, facials, makeup, removal of superfluous hair, stimulation, tinting, tweezing, or waxing. See Kentucky Statutes 317A.010 - Esthetic salon: means a place where an esthetician performs esthetic practices. See Kentucky Statutes 317A.010
- Esthetician: means a person who is licensed by the board to engage in esthetic practices in the Commonwealth of Kentucky. See Kentucky Statutes 317A.010
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Nail salon: means any establishment in which the practice of nail technology only is conducted for the general public or for consideration. See Kentucky Statutes 317A.010
- Natural hair braiding: includes :
1. See Kentucky Statutes 317A.010 - Probable cause: A reasonable ground for belief that the offender violated a specific law.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Treatment: when used in a criminal justice context, means targeted interventions
that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010
(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 nail 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 section, 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 nail 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 person 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 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;
(b) Issue an emergency order in accordance with KRS § 13B.125 against any facility licensed by the board. The emergency order shall be based upon probable cause by the board that the emergency order is in the public interest and that there is substantial evidence of immediate danger to the health, welfare, and safety of any customer, patient, or the general public; and
(c) Institute civil and criminal proceedings against violators of this chapter. The Attorney General, Commonwealth’s attorneys, and county attorneys shall assist the board in prosecuting violations of this chapter.
(8) 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 administrative 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.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 235, sec. 3, effective July 14, 2022. — Amended
2018 Ky. Acts ch. 46, sec. 13, effective March 30, 2018. — Amended 2016 Ky. Acts ch. 48, sec. 2, effective July 15, 2016. — Amended 2013 Ky. Acts ch. 72, sec. 6, effective June 25, 2013. — Amended 2012 Ky. Acts ch. 152, sec. 2, effective July 12,
2012. — Amended 1996 Ky. Acts ch. 82, sec. 2, effective July 15, 1996. — Created
1974 Ky. Acts ch. 354, sec. 2.