201 KAR 14:125reg. Teacher requirements

      Section 1. (1) A teacher shall achieve a passing score on the written teacher’s examination required by the board.

      (2) Within a minimum of twelve (12) months of obtaining licensure as a teacher, and not before completing 600 hours of instructional experience in a barber school licensed by the board under the supervision of a board-licensed teacher with a minimum of three (3) years of experience, a teacher shall:

      (a) Meet the requirements in KRS 317.450(4);

      (b) Achieve a passing score on the oral teacher’s examination required by the board; and

      (c) Achieve a passing score on the practical teacher’s examination required by the board.

      (3) A passing score shall be a minimum score of eighty (80) percent on the examination required under this section.

      (4) A teacher may request a one (1) time extension of the requirements of subsection (2) of this section. The extension may be granted by the board to the next scheduled oral and practical teacher’s examination date. An extension of time request shall be filed, in writing, with the board prior to the expiration of the first twelve (12) months of initial licensure as a teacher.

      (5) A license shall terminate if the teacher fails to achieve a passing score on the oral teacher’s examination and practical teacher’s examination within twelve (12) months from date of issuance of licensure or upon the expiration of the extension of time to satisfy subsection (2) of this section[All teachers and instructors in a school must hold both a barber and barber instructor license issued by the board].

 

      Section 2. (1) A teacher[An instructor] shall be in the study and classroom of a school during all class and study hours and will be required to supervise all practice student work.

      (2) A student shall be under the face-to-face, direct supervision of a teacher while providing services to a client.

 

      Section 3. A licensed barber shall not[No licensed barber shall] render services in a school, and a teacher[instructors] shall render services only incident to and for the purpose of instruction.

 

      Section 4. A teacher[Every instructor] in an accredited school shall devote his or her entire time during school or class hours to that of instructing the students and shall not apply his or her time to that of private or public practice for compensation during school hours or permit students to instruct or teach other students in the absence of a teacher.

 

      Section 5. A properly qualified, licensed barber[barbers] may demonstrate to the students new processes, new preparations, and new appliances in the presence of a licensed teacher[registered teachers]. A school[Schools] shall not permit more than four (4) such demonstrations in any calendar year.

 

      Section 6. All services rendered in a school on patrons must be done by students only. A teacher[Instructors] shall be allowed to teach and aid the students in performing the various services. A teacher may[Instructors are permitted to] finish up the patrons after the students have completed their work.

 

      Section 7. A teacher[Instructors] in attendance shall[must at all times] wear a clean, washable outer garment such as a coat or smock.

 

      Section 8. A school[Schools] shall require a teacher[instructors] to wear an insignia or badge indicating that he or she is a teacher[an instructor].

 

      Section 9. A teacher who has not completed 600 hours of instructional experience in a barber school licensed by the board under the supervision of a board-licensed teacher with a minimum of three (3) years of experience shall document the hours of instructional experience. The documentation shall include the specific dates, times during the day, and the subject matter being instructed. The instructional experience documentation shall be signed by the teacher obtaining the instructional experience, the owner of the barber school where the instructional experience was obtained, and the board-licensed teacher with a minimum of three (3) years of experience. This documentation shall be filed with the board prior to taking the examinations required under Section 1(2) of this administrative regulation.

 

      Section 10. The teacher obtaining the 600 hours of instructional experience and the board-licensed teacher with a minimum of three (3) years of experience shall notify the board, in writing, of the mentoring and the notification to the board shall be signed by both teachers. The notification shall be submitted prior to the beginning of the 600 hours of instructional experience.

 

      Section 11. A teacher with a minimum of three (3) years of experience shall not mentor more than two (2) teachers who have not satisfied Section 1(2) of this administrative regulation.

 

      Section 12. A teacher who is licensed by the board prior to the effective date of this administrative regulation is exempted from the requirements of Section 1 of this administrative regulation.

 

      Section 13. A teacher in a school shall hold both a barber and barber teacher’s license issued by the board.

 

SONJA MINCH, Administrator

      APPROVED BY AGENCY: July 14, 2016

      FILED WITH LRC: July 14, 2016 at 4 p.m.

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on Wednesday, August 24, 2016, at 10:30 a.m. at 312 Whittington Parkway Suite 110 Louisville, Kentucky 40222. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted until the end of the day on August 31, 2016. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.

      CONTACT PERSON: Sonja Minch, Administrator, Kentucky Board of Barbering, 312 Whittington Parkway Suite 110, Louisville, Kentucky 40222, [phone] fax [phone], email [e-mail].

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact Person: Sonja Minch

      (1) Provide a brief summary of:

      (a) What this administrative regulation does: The regulation establishes the requirements and qualifications for being a teacher of barbering.

      (b) The necessity of this administrative regulation: The regulation is necessary to insure that teachers at a barbering school have the appropriate experience and skill to teach barbering to a student.

      (c) How this administrative regulation conforms to the content of the authorizing statutes: KRS 317.440(1)(c) authorizes the board to promulgate an administrative regulation regarding the qualifications of teachers of barbering.

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This regulation will assist in defining the expectations of the board and the qualifications of being a teacher of barbering.

      (2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

      (a) How the amendment will change this existing administrative regulation: The amendment establishes the qualifications to become a teacher who can be completely independent.

      (b) The necessity of the amendment to this administrative regulation: The amendment is necessary to provide practical skills before an individual becomes a teacher of barbering.

      (c) How the amendment conforms to the content of the authorizing statutes: The board is authorized to promulgate administrative regulations governing new shop as established by KRS 317.440.

      (d) How the amendment will assist in the effective administration of the statutes: This regulation will assist in defining the expectations of the board and the qualifications of being a teacher of barbering.

      (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: Approximately 60 licensed teachers of barbering and any applicant to be a teacher or teaching assistant of barbering.

      (4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:

      (a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: An applicant must satisfy the examination and supervision requirements prior to obtaining a license to be a teacher of barbering or teacher’s assistant of barbering.

      (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): $0

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): Upon demonstrating their qualifications, an applicant will be issued a license.

      (5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:

      (a) Initially: $0

      (b) On a continuing basis: $0

      (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: There will be no cost to implement this administrative regulation.

      (7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new or by the change if it is an amendment: No increase in fee will be necessary to implement this administrative regulation.

      (8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: This administrative regulation does not establish any fees nor does it increase any fees either directly or indirectly.

      (9) TIERING: Is tiering applied? Tiering is not applied to this regulation. This regulation does not distinguish between similarly situated individuals on the basis of any factor.

 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

 

      (1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? This administrative regulation will impact the Kentucky Board of Barbering licensees.

      (2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 317.440.

      (3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.

      (a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? $0

      (b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? $0

      (c) How much will it cost to administer this program for the first year? $0

      (d) How much will it cost to administer this program for subsequent years? No new costs will be incurred to administer the administrative regulation amendment for subsequent years.

      Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

      Revenues (+/-):

      Expenditures (+/-):

      Other Explanation: 201 KAR 14:125 will not create any new revenues for either the agency or State Government.

Notation

      RELATES TO: KRS 317.440, 317.450

      STATUTORY AUTHORITY: KRS 317.440

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 317.440(1)(c) requires the board to promulgate an administrative regulation regarding the qualifications of teachers of barbering. This administrative regulation establishes rules for school faculty and establishes conditions for unlicensed teachers[instructors].