Kentucky advertising rules for med spas

Advertising rules in Kentucky

⛔ KENTUCKY REACHES THE EXTRAVAGANT CLAIM DIRECTLY, AND SAYS ACTUAL INJURY NEED NOT BE SHOWN. Issuing, publishing, or making oral or written representations in which GROSSLY IMPROBABLE OR EXTRAVAGANT STATEMENTS are made which have a tendency to deceive or defraud the public is dishonorable, unethical or unprofessional conduct — and the statute names the case a cosmetic practice is most likely to fall into: any representation in which the licensee claims to cure or treat diseases, ailments or infirmities BY A METHOD, PROCEDURE, TREATMENT OR MEDICINE WHICH THE LICENSEE KNOWS OR HAS REASON TO KNOW HAS LITTLE OR NO THERAPEUTIC VALUE. It also reaches holding oneself out as able and willing to treat under a system or school of practice other than the one for which the licensee holds a certificate, license or accredited degree. For that subsection, ACTUAL INJURY TO A PATIENT NEED NOT BE ESTABLISHED. On the cosmetology side, false or deceptive practice or misrepresentation INCLUDING ADVERTISING is its own ground.

• Dishonorable, unethical, or unprofessional conduct includes issuing, publishing, or making oral or written representations in which grossly improbable or extravagant statements are made which have a tendency to deceive or defraud the public, or a member thereof, including but not limited to any representation in which the licensee claims that he can cure or treat diseases, ailments, or infirmities by any method, procedure, treatment, or medicine which the licensee knows or has reason to know has little or no therapeutic value. For purposes of this subsection, actual injury to a patient need not be established.

  Ky. Rev. Stat. §311.597(2) · verified Sep 3, 2026

• Dishonorable, unethical, or unprofessional conduct includes representing or professing or holding himself out as being able and willing to treat diseases, ailments, or infirmities under a system or school of practice other than that for which he holds a certificate or license granted by the board, or other than that for which he holds a degree or diploma from a school otherwise recognized as accredited by the board, or under a school or system which he professes to be self-taught.

  Ky. Rev. Stat. §311.597(2)(b) · verified Sep 3, 2026

• The board may refuse to issue or renew a license or permit, or may suspend or revoke a license or permit, impose probationary conditions upon, impose an administrative fine, issue a written reprimand or admonishment, or take any combination of these actions regarding proof of false or deceptive practice or misrepresentation including advertising.

  Ky. Rev. Stat. §317A.140(1)(d) · verified Sep 3, 2026

• KENTUCKY’S CONSUMER-PROTECTION ENFORCER IS THE ATTORNEY GENERAL, AND THE REMEDY IS AN INJUNCTION RATHER THAN A LICENSE ACTION. “Whenever the Attorney General has reason to believe that any person is using, has used, or is about to use any method, act or practice declared by KRS 367.170 to be unlawful, and that proceedings would be in the public interest, he may immediately move in the name of the Commonwealth in a Circuit Court for a restraining order or temporary or permanent injunction to prohibit the use of such method, act or practice.” “Upon application of the Attorney General, a restraining order shall be granted whenever it reasonably appears that any person will suffer immediate harm, loss or injury” from such a practice. That runs alongside the medical and cosmetology boards’ own advertising grounds, not instead of them.

  Ky. Rev. Stat. §367.190(1)-(2) (Injunction — Hearing) · verified Sep 8, 2026

• AND THE UNDERLYING PROHIBITION IS ONE SENTENCE WIDE. “Unfair, false, misleading, or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful.” The statute then narrows only one of those words: “For the purposes of this section, unfair shall be construed to mean unconscionable.”

  Ky. Rev. Stat. §367.170 (Unlawful acts) · verified Sep 8, 2026

Recent Kentucky changes

• KY HB885: an Act relating to cosmetology.Mar 27, 2026