RELATES TO: KRS 317A.090, 317B.020(3)(b), (c), (d), (f), (g), (i)
STATUTORY AUTHORITY: KRS 317A.060, 317B.020(2)(b), (c), (d), (f), (g), (i)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 317A.090 and 317B.020 authorize the board to protect the health and safety of the public and to protect the general public and students enrolled in schools of cosmetology against misrepresentation, deceit, or fraud while seeking services or while enrolled. This administrative regulation establishes requirements for students and requirements for schools regarding students.
Section 1. A person enrolled in a school of cosmetology shall not receive a salary or commission from the school while enrolled as a student in the school.
Section 2. A student shall not smoke while providing services to patrons.
Section 3. A student shall not remain in the school to work on patrons upon completion of the required hours for the appropriate course of enrollment.
Section 4. (1) An apprentice instructor shall be considered a student.
(2) An apprentice instructor shall not be employed by the school where the apprentice instructor serves as an apprentice until the apprentice instructor graduates, completes the school’s program, withdraws from the program, or is licensed as an instructor.
Section 5. A school shall, at all times, display in a centralized conspicuous place the enrollment permits of all students enrolled.
Section 6. A student shall wear some kind of insignia, badge, cap, or marking on his or her uniform to indicate that he or she is a student in the school.
Section 7. A student shall wear a clean, washable uniform, coat, or smock while on school premises.
Section 8. A student shall be on time for all class studies and work.
Section 9. A student shall not leave during school hours without special permission from the manager.
Section 10. A student shall not leave a class during a lecture or demonstration without permission from the instructor.
Section 11. A student shall not operate any equipment in which there is a known operating hazard.
Section 12. Each student kit containing equipment, tools, or implements shall remain on school premises until completion of the course of enrollment or the student's withdrawal from the school.
Section 13. A student desiring to change from one (1) school to another shall:
(a) Notify the school in which the student is presently enrolled of the student's withdrawal; and
(b) Complete a Student Enrollment Application required by 201 KAR 12:083 for the new school.
Section 14. A student shall comply with all rules of his or her school that do not conflict with KRS Chapter 317A or 201 KAR Chapter 12.
Section 15. An owner of a school shall include the school's refund policy in school-student contracts.
Section 16. A student may file a complaint with the board concerning the school in which the student is enrolled, if the information is clearly and concisely given and the complaint is signed by the complainant.
Section 17. Student Leave of Absence. (1) A student may use one (1) leave of absence while enrolled in an 1,800 hour program. A request for a leave of absence shall:
(a) Be in writing from the student to the school;
(b) Not be for a duration longer than six (6) months; and
(c) Clearly denote the beginning and end dates for the leave of absence.
(2) The school shall report the leave of absence to the board within ten (10) days.
(3) The school shall retain the written request for a minimum of one (1) year.
Section 18. Within ten (10) working days from a student's withdrawal, a cosmetology school shall report the name of the withdrawing student to the board's office.
Section 19. (1) A training period for a student shall:
(a) Be eight (8) hours per day, forty (40) hours per week; and
(b) Not include field trip hours.
(2) A student of cosmetology shall have a minimum of 221 days of school attendance under instruction.
(3) A student of nail technology shall have a minimum of seventy-five (75) days of school attendance under instruction.
(4) A student of esthetics shall have a minimum of 125 days of school attendance under instruction.
Section 20. A student shall be allowed thirty (30) minutes toward the middle of any eight (8) hour day for eating or taking a rest break. A student shall not be given credit for the time of the break toward meeting the 1,800 hour requirement.
Section 21. An informational copy of KRS Chapter 317A and 201 KAR Chapter 12 shall be provided to a student enrolled in a school of cosmetology. Copies may be obtained from the board's office.
Section 22. (1) A person completing hours in a licensed school of cosmetology within a period of five (5) years from date of enrollment shall be given full credit by the board for hours completed.
(2) A person completing hours in a licensed school of cosmetology within a period of five (5) years and one (1) day to ten (10) years from date of enrollment shall be given half credit by the board for hours completed.
(3) Credit for hours shall not be awarded by the board after ten (10) years from date of enrollment. (KBHC L:Sch:Rec. 1-1; 2 Ky.R. 76; eff. 9-10-75; Am. 11 Ky.R. 1444; eff. 5-14-85; 1791; eff. 7-9-85; 16 Ky.R. 1959; eff. 5-13-90; 30 Ky.R. 972; 1922; eff. 2-16-2004; 40 Ky.R. 387; 1035; eff. 12-6-2013.)