††††††††† 201 KAR 12:060. Inspections.

 

††††††††† RELATES TO: KRS 317A.050, 317A.060, 317B.025

††††††††† STATUTORY AUTHORITY: KRS 317A.060, 317B.020

††††††††† NECESSITY, FUNCTION, AND CONFORMITY: KRS 317A.050, 317A.060, and 317B.020 require the board to promulgate administrative regulations governing the operation of any schools and salons of cosmetology, nail technology, threading, and 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, and esthetics.

 

††††††††† Section 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, or esthetics for the purpose of determining if an individual, salon, or school is complying with KRS Chapters 317A or 317B, and 201 KAR Chapter 12.

 

††††††††† Section 2.(1) Each licensee or permit holder shall attach his or her picture to the license or permit and place it in a conspicuous area in the salon or school.

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

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

††††††††† (b) The work station of the employee or independent contractor; or

††††††††† (c) A public area within twenty (20) feet of the main entrance.

††††††††† (3) A manager shall have the managerís license posted with a picture in a conspicuous area at all times.

††††††††† (4) A salon or school shall post its license without a picture in a conspicuous area at all times.

 

††††††††† Section 3.(1) Each salon or school shall post the most recent inspection report in a conspicuous area in the salon or school.

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

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

††††††††† (b) A public area within twenty (20) feet of the main entrance.

 

††††††††† Section 4.(1) Each establishment licensed by this board shall be inspected a minimum of two (2) times per year.

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

 

††††††††† Section 5. It shall be unprofessional conduct to withhold information or lie to an inspector who is conducting a lawful investigation of an alleged violation of KRS Chapters 317A or 317B, or 201 KAR Chapter 12.

 

††††††††† Section 6.(1) A salon or school shall schedule an inspection of the salon or school after an inspector twice attempts, but is unable, to inspect the salon or school.

††††††††† (2) Failure of the owner or manager to schedule an inspection within thirty (30) days of two (2) attempts to inspect shall constitute unprofessional conduct.

 

††††††††† Section 7.(1) It shall be unprofessional conduct for a salon or school to remain open to the public if it is not appropriately licensed by the board.

††††† (2) It shall be unprofessional conduct for a person to provide cosmetology, nail technology, esthetic, or threading services unless appropriately licensed or permitted by the board under 201 KAR Chapter 12. . (KBHC:Insp-1-1; 1 Ky.R. 721; eff. 5-14-1975; Am. 11 Ky.R. 1440; eff. 5-14-85; 16 Ky.R. 1603; eff. 4-12-90; 20 Ky.R. 1028; 1780; eff. 1-10-94; 30 Ky.R. 960; 1908; eff. 2-16-2004; 40 Ky.R. 372; 1025; eff. 12-6-2013.)