201 KAR 12:200. Requirements for continuing education for renewal of license.

 

      RELATES TO: KRS 317A.050(8), 317B.030(1), 2004 Ky. Acts ch. 96, sec. 3

      STATUTORY AUTHORITY: KRS 317A.050(8), 317A.060, 317B. 020, 317B.030(1), 2004 Ky. Acts ch. 96, sec. 3

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 317A.060 and 317B.020 require the board to promulgate administrative regulations governing licenses in cosmetology, nail technology and esthetics. KRS 317A.050(8) and 317B.030(1) authorize the board to promulgate administrative regulations regarding continuing education. This administrative regulation establishes the requirements for sponsoring a continuing education program and for providing proof of attendance at a continuing education program.

 

      Section 1. A sponsor of a continuing education program shall submit a completed "Application for Approval of Continuing Education Program" form to request approval from the board for a program. The application form shall:

      (1) Include the:

      (a) Title of the program;

      (b) Name, address, and telephone number of the sponsoring organization or individual;

      (c) Number of clock hours for which approval is requested;

      (d) Cost of the program to the attendee;

      (e) The program's date, location, and time;

      (f) Objective of the program;

      (g) Name of the instructor;

      (h) Manner of presentation to indicate whether the program is a:

      1. Lecture;

      2. Demonstration;

      3. Panel; or

      4. Hands-on participation program; and

      (i) Plan for program evaluation;

      (2) Be signed by the sponsor to indicate that the sponsor agrees to:

      (a) Accurately record attendance at each presentation;

      (b) Complete a record of attendance confirming the number of clock hours actually attended for each attendee; and

      (c) Submit a list of attendees within thirty (30) days after the program to the board office; and

      (3) Be accompanied by a copy of the:

      (a) Promotional advertisement for the program;

      (b) Instructor's biography and list of credentials;

      (c) Course outline; and

      (d) Evaluation sheet.

 

      Section 2. An application for approval of a continuing education program shall be submitted to the office of the board at least sixty (60) days prior to the starting date of the program. The board shall approve or deny the request in writing within thirty (30) days of receipt of the application by the board.

 

      Section 3. (1) The program shall consist of an organized program of learning which:

      (a) Contributes directly to the competency of the licensee;

      (b) Pertains to subjects related to the theory, management and practice of cosmetology, nail technology, or esthetics; and

      (c) Pertains to the health, safety, welfare, and protection of the public including:

      1. Sanitation;

      2. Sterilization;

      3. Chemical waste disposal;

      4. Safety in the work place;

      5. First aid;

      6. Bloodborne pathogens;

      7. Airborne pathogens; and

      8. HIV/AIDS education.

      (2) A program shall be limited to a class size appropriate to the classroom or facility.

 

      Section 4. (1) A program shall specify the:

      (a) Course objectives;

      (b) Content;

      (c) Prerequisites;

      (d) Requirements; and

      (e) Number of continuing education hours to be earned.

      (2) The information shall be specified in all promotional materials.

 

      Section 5. (1) A sponsor shall be:

      (a) A private school of cosmetology or a vocational school that offers a course in cosmetology;

      (b) An association or organization whose membership consists of licensees of the board;

      (c) A college, university, or other institution of higher education recognized by the Kentucky Council on Postsecondary Education or the Kentucky Community College, Trade and Technical Schools;

      (d) An individual who:

      1. Holds an active cosmetologist license, instructor of cosmetology license or nail technicians license; and

      2. Has special education, training and experience in cosmetology;

      (e) A person who has a license, degree, special education, training or experience relating to the subject matter of the program;

      (f) A state agency program; or

      (g) A manufacturer or distributor.

      (2) Alcoholic beverages shall not be served, sold or consumed in the classroom.

 

      Section 6. Academic Coursework. Successful completion of one (1) three (3) hour semester-long course shall satisfy the continuing education requirement established by KRS 317A.050(8) and 317B.030(1) if the:

      (1) Course is completed within the license renewal period;

      (2) Course is relevant. A course shall be considered relevant if the course:

      (a) Is biology, chemistry, psychology, health science, or business; or

      (b) Relates to the practice of the licensee; and

      (3) Licensee submits an original transcript with the seal of the college or university affixed with the application for license renewal.

 

      Section 7. (1) The board may monitor or review a continuing education program approved by the board.

      (2) Upon evidence of significant variation in the program presented from the program approved, the board may withdraw approval of the hours granted to the program.

 

      Section 8. (1) In order to receive credit for attendance at a program, a licensee shall:

      (a) Complete a "Record of Attendance for Continuing Education Credit" form at the end of the program;

      (b) Submit one (1) copy of the form to the program's registration desk at the end of the program; and

      (c) Submit one (1) copy of the form with the licensee's renewal application.

      (2) The form shall indicate the:

      (a) Program title;

      (b) Name of the sponsoring organization or individual;

      (c) Date, location, and number of hours of the program; and

      (d) Licensee's:

      1. Name;

      2. Address;

      3. Phone number; and

      4.a. Social Security number; or

      b. Professional license number.

 

      Section 9. (1) A cosmetologist or nail technician not currently working in a salon may choose to let his or her expire and may restore that license within five (5) years by obtaining six (6) hours of continuing education and paying a restoration fee as required by 201 KAR 12:260, Section 5.

      (2) A licensed esthetician not currently working in a salon may choose to let his or her license expire and may restore that license within five (5) years by obtaining the required continuing education and paying the restoration fee set in 201 KAR 12:220(4)(1).

 

      Section 10. Incorporation by Reference. (1) The following material is incorporated by reference:

      (a) "Application for Approval of Continuing Education Program" (September 13, 1996 edition); and

      (b) "Record of Attendance for Continuing Education Credit" (September 12, 2003 edition).

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at Kentucky State Board of Hairdressers and Cosmetologists, 111 St. James Court, Suite A, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. (23 Ky.R. 2335; Am. 2971; 3747; eff. 4-11-1997; 24 Ky.R. 1357; 1653; 2061; eff. 2-26-98; 30 Ky.R. 973; 1922; eff. 2-16-2004; 31 Ky.R. 571; 932; eff. 11-26-04.)