201 Ky. Admin. Regs. 12:060

Current through Register Vol. 51, No. 5, November 1, 2024

Section 201 KAR 12:060 - Inspections

RELATES TO: KRS 317A.060, 317A.140

NECESSITY, FUNCTION, AND CONFORMITY: KRS 317A.060 requires the board to promulgate administrative regulations governing the operation of any schools, limited facilities, and salons of cosmetology, nail technology, threading, eyelash artistry, makeup artistry, esthetics, and to protect the health and safety of the public. This administrative regulation establishes inspection and health and safety requirements for all schools and salons of cosmetology, nail technology, threading, eyelash artistry, makeup artistry, and esthetics.

Section 1. Public Display.

(1)

(a) Each licensee or permit holder shall attach his or her picture to the license or permit and place it in an accessible and conspicuous area in the salon, limited facility, or school.

(b) Each licensed facility's license shall be posted in an accessible and conspicuous area with the information required by this subsection.

(2) A conspicuous area shall be visible to the public and shall include:

(a) The main entrance door or window of the premises; and

(b) The workstation of the employee.

(3) A salon or school manager shall have the manager's license posted with a picture in an accessible and conspicuous area at all times.

(4) A school shall, at all times, display in a centralized and accessible conspicuous public place the student permits of all students enrolled.

(5) Each licensed salon, limited facility, or school shall post the most recent inspection report in an accessible and conspicuous area.

Section 2. Inspections.

(1) Any board member, administrator, or inspector may enter any establishment licensed by this board or any place purported to be practicing cosmetology, nail technology, threading, eyelash artistry, makeup artistry, or esthetics, during reasonable working hours or at any time when the establishment is open to the public, for the purpose of determining if an individual, salon, limited facility, or school is complying with KRS Chapter 317A and 201 KAR Chapter 12.

(2) A board member, administrator, or inspector may require the licensee or permittee to produce for inspection and copying books, papers, or records required by the board or pertaining to licensed activity.

(3) Each establishment licensed by the board shall be inspected a minimum of two (2) times per year.

(4) A salon, limited facility, or school shall, within thirty (30) days, schedule an inspection of the salon, limited facility, or school after an inspector twice attempts, but is unable, to inspect the salon or school.

(5) Failure of the salon, limited facility, or school owner or manager to schedule an inspection within thirty (30) days of two (2) consecutive failed inspection attempts shall constitute unprofessional conduct.

(6) The owner and manager of each establishment licensed by the board shall be responsible for compliance with KRS Chapter 317A and 201 KAR Chapter 12.

Section 3. Unprofessional Conduct. Unprofessional conduct under KRS 317A.140 includes:

(1) Intentionally withholding information or lying to a board member or board employee who is conducting a lawful inspection or investigation of an alleged or potential violation of KRS Chapter 317A or 201 KAR Chapter 12;

(2) A salon, limited facility, or school remaining open to the public if not appropriately licensed by the board;

(3) Providing or teaching any cosmetology, nail technology, esthetic, lash artistry, makeup artistry, or threading services unless appropriately licensed or permitted by the board under 201 KAR Chapter 12;

(4) Failure to comply with the lawful request of the board, the executive director, inspector, or agent, which includes:

(a) Refusing to allow entry to perform an inspection of the licensed premises;

(b) Allow the inspection of or the copying or production of books, papers, documents, or records of information or material pertaining to activity licensed by the board or related to the provisions of KRS Chapter 317A or the administrative regulations promulgated by the board; or

(c) Refusing to provide a valid state or federal government issued identification matching the posted license or permit; or

(d) Removal of any posted notice from the board pertaining to violations, inspection failures, or lack of licensure by the board.

(5) Any attempt by a license or permit holder to bribe a Kentucky Board of Cosmetology representative or induce a board representative to violate a provision of KRS 317A or 201 KAR Chapter 12;

(6) Any attempt to fraudulently produce or duplicate board requested documents or licensure; or

(7) Any violation of the Code of Ethics as stated in 201 KAR 12:230.

Section 4. Signage. The main entrance to any establishment licensed by the board shall display a sign indicating a beauty salon, nail salon, esthetic salon, limited facility, or cosmetology school. The sign shall indicate the name of the salon, limited facility, or school as it is registered with the Kentucky Board of Cosmetology and shall be clearly visible at the main entrance of the establishment.

201 KAR 12:060

KBHC: Insp-1-1; 1 Ky.R. 721; eff. 5-14-1975; 11 Ky.R. 1440; eff. 5-14-1985; 16 Ky.R. 1603; eff. 4-12-1990; 20 Ky.R. 1028; 1780; eff. 1-10-1994; 30 Ky.R. 960; 1908; eff. 2-16-2004; 40 Ky.R. 372; 1025; eff. 12-6-2013; 44 Ky.R. 1618; 1973; eff. 4-6-2018; TAm eff. 4-6-2018; 46 Ky.R.2302, 2887; eff. 7-30-2020; 49 Ky.R. 401, 1045; eff. 1/31/2023.

STATUTORY AUTHORITY: KRS 317A.060