317A.010 Definitions for chapter

317A.010 Definitions for chapter.

As used in this chapter, unless the context requires otherwise:

(1) "Beauty salon" means any establishment in which the practice of cosmetology is

conducted for the general public or for consideration;

(2) "Board" means the Kentucky Board of Cosmetology;

(3) "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;

(4) "Cosmetology" means the practice of:

(a) Hair styling;

(b) Esthetics; and

(c) Nail technology.

The practice of cosmetology does not include acts performed incident to treatment

of an illness or a disease;

(5) "Cosmetology school" or "school of cosmetology" means any operation, place, or

establishment in or through which persons are trained or taught the practice of

cosmetology, esthetic practices, and nail technology;

(6) "Esthetician" means a person who is licensed by the board to engage in esthetic

practices in the Commonwealth of Kentucky;

(7) "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;

(b) Eyelash tinting, artificial eyelashes, or eyelash extensions;

(c) Use of lotions, creams, oils, antiseptics, or depilatories;

(d) Massaging the skin; and

(e) Providing preoperative and postoperative esthetic skin care, either referred by

or supervised by a medical professional, unless these acts are performed

incident to:

1. Treatment of an illness or a disease;

2. Work as a student in a board-approved school; or

3. Work performed by a licensed massage therapist;

(8) "Esthetic practices school" or "school of esthetic practices" means any operation,

place, or establishment in or through which persons are trained in esthetic practices;

(9) "Esthetic salon" means a place where an esthetician performs esthetic practices;

(10) "Eyelash artistry" means the process of attaching semipermanent lashes or eyelash

extensions to natural eyelashes;

(11) "Hair styling" means the practice of:

(a) Arranging, beautifying, bleaching, cleansing, coloring, curling, cutting,

dressing, manipulating, permanent waving, singeing, tinting, or trimming of

natural or artificial hair;

(b) Use of lotions, creams, and antiseptics; and

(c) Massaging and stimulation of the scalp;

(12) "Instructor" means any individual licensed to teach cosmetology, esthetics, or nail

technology who holds a corresponding license in cosmetology, esthetics practice, or

nail technology;

(13) "Limited beauty salon" means any establishment in which the practice of shampoo

and style services, makeup artistry, eyelash artistry, or threading are conducted for

the general public or for consideration;

(14) "Limited stylist" means an individual licensed to perform shampoo and style

services;

(15) (a) "Makeup artistry" means applying cosmetic products to the face and body.

(b) "Makeup artistry" includes:

1. Corrective and camouflage techniques; and

2. Airbrushing.

(c) "Makeup artistry" does not include:

1. Face painting at carnivals or fairs; or

2. Application of cosmetics when not done for consideration;

(16) "Nail salon" means any establishment in which the practice of nail technology only

is conducted for the general public or for consideration;

(17) "Nail technician" means a person who practices nail technology, including

manicuring and pedicuring real and artificial nails for the purpose of beautifying,

for the general public or for consideration. Manicuring and pedicuring real and

artificial nails for the purpose of beautifying includes:

(a) Cleaning;

(b) Trimming;

(c) Cutting;

(d) Shaping;

(e) Sculpting;

(f) Polishing; and

;

(17) "Nail technician" means a person who practices nail technology, including

manicuring and pedicuring real and artificial nails for the purpose of beautifying,

for the general public or for consideration. Manicuring and pedicuring real and

artificial nails for the purpose of beautifying includes:

(a) Cleaning;

(b) Trimming;

(c) Cutting;

(d) Shaping;

(e) Sculpting;

(f) Polishing; and

(g) Massaging the hands and feet of any human, for which a license is required by

this chapter;

(18) "Nail technology school" or "school of nail technology" means any operation, place,

or establishment in or through which persons are trained in nail technology;

(19) (a) "Natural hair braiding" means a service of twisting, wrapping, weaving,

extending, locking, or braiding hair by hand or with mechanical devices.

Natural hair braiding is commonly known as "African-style hair braiding" but

is not limited to any particular cultural, ethnic, racial, or religious forms of

hair styles.

(b) "Natural hair braiding" includes:

1. The use of natural or synthetic hair extensions, natural or synthetic hair

and fibers, decorative beads, and other hair accessories;

2. Minor trimming of natural hair or hair extensions incidental to twisting,

wrapping, weaving, extending, locking, or braiding hair;

3. The use of topical agents such as conditioners, gels, moisturizers, oils,

pomades, and shampoos; and

4. The making of wigs from natural hair, natural fibers, synthetic fibers,

and hair extensions.

(c) "Natural hair braiding" does not include:

1. The application of dyes, reactive chemicals, or other preparation to alter

the color of the hair or to straighten, curl, or alter the structure of the

hair; or

2. The use of chemical hair joining agents such as synthetic tape, keratin

bonds, or fusion bonds.

(d) For the purposes of this subsection, "mechanical devices" means clips, combs,

curlers, curling irons, hairpins, rollers, scissors, needles, thread, and hair

binders;

(20) (a) "Shampoo and style services" means beautifying, cleaning, or arranging the

hair of an individual for consideration only at a limited beauty salon.

(b) "Shampoo and style services" includes any of the following services

performed on an individual's hair:

1. Arranging;

2. Cleaning;

3. Curling;

4. Dressing;

5. Blow drying; or

6. Performing any other similar procedure.

(c) "Shampoo and style services" does not include any service that:

1. Is popularly known as a Brazilian blowout;

2. Includes color services, cutting, lightening, or chemically treating hair;

or

3. Otherwise falls under the practice of cosmetology, except as authorized

in paragraph (b) of this subsection; and

(21) "Threading" means the process of removing hair from below the eyebrow by use of

a thread woven through the hair to be removed.