Senate panel advances bill allowing unlimited cosmetology retests, adds enforcement and licensing flexibility

Senate Bill 22, a set of technical fixes to last year’s cosmetology reforms, won committee approval Tuesday by the Kentucky State Senate Standing Committee on Licensing and Occupations.

The bill, sponsored by Sen. Reginald Thomas of Senate District 13, extends unlimited retakes of licensing exams to cosmetologists statewide, clarifies the board’s authority to order emergency closures of facilities that intentionally employ unlicensed workers, allows the board to hire an executive director who is not a cosmetologist if that person otherwise meets managerial qualifications, and recognizes comparable licenses issued by U.S. territories.

The changes are designed to complete and tidy reforms enacted in 2024 and respond to findings in a recent Legislative Research Commission oversight report on the Board of Cosmetology. Supporters said the amendments aim to increase fairness across license types and improve enforcement where unlicensed work is intentionally used.

Senator Reginald Thomas, sponsor: “If nail technicians and aestheticians can take the exam a number of times, why can’t we as cosmetologists? … We want to allow all people who worked hard … the ability to retake the exam as many times as they can.”

Why it matters: The bill builds on last year’s Senate Bill 14 reforms by equalizing testing rules for all cosmetology licensees and by giving the board clearer, more immediate enforcement tools to address intentional use of unlicensed labor — a point highlighted in the oversight committee’s report. Proponents said the changes also reduce administrative obstacles to hiring qualified managers for the board’s executive post.

Key provisions - Retest policy: The substitute removes numerical limits on how many times a cosmetologist may retake the licensing exam; a one-month waiting period between attempts remains and each exam attempt retains a test fee. Joni Upchurch, executive director of the Board of Cosmetology, confirmed retests remain full, cumulative exams.

- Emergency closures and due process: The measure permits the board to order immediate facility closures if there is an intentional use of unlicensed persons, with the requirement that affected parties receive due process and a subsequent hearing.

- Executive director qualifications: The board may hire an executive director who is either a licensed cosmetologist or a licensed nail technician, or a manager who demonstrates the requisite administrative skills.

- Reciprocity: Applicants holding comparable licenses from U.S. territories such as Puerto Rico, Guam, or American Samoa would be eligible for licensure under the act’s reciprocity provision.

Committee questions and clarifications Sen. Higdon asked whether retest takers must pay each time; Upchurch confirmed “Every examination is required a fee.” Sen. McDaniel sought and received confirmation that the exam is cumulative — candidates retake the entire exam rather than a single section.

Vote and next steps The committee adopted the PSS 2 substitute and passed Senate Bill 22 with unanimous favorable votes recorded by the committee chair. The bill will proceed to subsequent Senate floor action per the legislative calendar.

Ending Sponsors and board staff said the changes are intended to finalize reforms begun last year and to make cosmetology licensing and enforcement clearer and fairer across Kentucky.