Session Law

Identifying Information:L. 2002 ch. 187
Other Identifying Information:2002 House Substitute for Senate Bill 643
Tax Type:Other
Brief Description:An Act concerning regulation of certain professions; relating to cosmetology, permanent color technology, tattooing and body piercing; amending K.S.A. 65-1,148, 65-1925 and 65-1927 and K.S.A. 2001 Supp. 65-1901, 65-1902, 65-1903, 65-1904, 65-1904a, 65- 1904b, 65-1905, 65-1908, 65-1909, 65-1912, 65-1926, 65-1946 and 74-2701 and repealing the existing sections; also repealing K.S.A. 2000 Supp. 65-1940, as amended by section 6 of chapter 193 of the 2001 Session Laws of Kansas, 65-1941, as amended by section 7 of chapter 193 of the 2001 Session Laws of Kansas, 65-1943, as amended by section 8 of chapter 193 of the 2001 Session Laws of Kansas, 65-1944, as amended by section 9 of chapter 193 of the 2001 Session Laws of Kansas, 65-1945, as amended by section 10 of chapter 193 of the 2001 Session Laws of Kansas, 65-1946, as amended by section 11 of chapter 193 of the 2001 Session Laws of Kansas, 65-1947, as amended by section 12 of chapter 193 of the 2001 Session Laws of Kansas, 65-1948, as amended by section 13 of chapter 193 of the 2001 Session Laws of Kansas, 65-1949, as amended by section 14 of chapter 193 of the 2001 Session Laws of Kansas, 65-1950, as amended by section 15 of chapter 193 of the 2001 Session Laws of Kansas, 65-1951, as amended by section 16 of chapter 193 of the 2001 Session Laws of Kansas, 65-1954, as amended by section 17 of chapter 193 of the 2001 Session Laws of Kansas, 74-2701, as amended by section 19 of chapter 193 of the 2001 Session Laws of Kansas, section 21 of chapter 193 of the 2001 Session Laws of Kansas and K.S.A. 2001 Supp. 65-1955.
Keywords:


Body:

CHAPTER 187

HOUSE Substitute for SENATE BILL No. 643


An Act concerning regulation of certain professions; relating to cosmetology, permanent

color technology, tattooing and body piercing; amending K.S.A. 65-1,148, 65-1925 and

65-1927 and K.S.A. 2001 Supp. 65-1901, 65-1902, 65-1903, 65-1904, 65-1904a, 65-

1904b, 65-1905, 65-1908, 65-1909, 65-1912, 65-1926, 65-1946 and 74-2701 and repeal-

ing the existing sections; also repealing K.S.A. 2000 Supp. 65-1940, as amended by

section 6 of chapter 193 of the 2001 Session Laws of Kansas, 65-1941, as amended by

section 7 of chapter 193 of the 2001 Session Laws of Kansas, 65-1943, as amended by

section 8 of chapter 193 of the 2001 Session Laws of Kansas, 65-1944, as amended by

section 9 of chapter 193 of the 2001 Session Laws of Kansas, 65-1945, as amended by

section 10 of chapter 193 of the 2001 Session Laws of Kansas, 65-1946, as amended by

section 11 of chapter 193 of the 2001 Session Laws of Kansas, 65-1947, as amended by

section 12 of chapter 193 of the 2001 Session Laws of Kansas, 65-1948, as amended by

section 13 of chapter 193 of the 2001 Session Laws of Kansas, 65-1949, as amended by

section 14 of chapter 193 of the 2001 Session Laws of Kansas, 65-1950, as amended by

section 15 of chapter 193 of the 2001 Session Laws of Kansas, 65-1951, as amended by

section 16 of chapter 193 of the 2001 Session Laws of Kansas, 65-1954, as amended by

section 17 of chapter 193 of the 2001 Session Laws of Kansas, 74-2701, as amended by

section 19 of chapter 193 of the 2001 Session Laws of Kansas, section 21 of chapter 193


of the 2001 Session Laws of Kansas and K.S.A. 2001 Supp. 65-1955.


Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 2001 Supp. 65-1901 is hereby amended to read as

follows: 65-1901. As used in K.S.A. 65-1901 through 65-1912, and amend-

ments thereto:

(a) ``Apprentice'' means any person engaged in learning the practice

of cosmetology, nail technology, esthetics or electrology in a school of

cosmetology, nail technology, esthetics or electrology licensed by the

board, except until such time as an electrology school is established in

this state apprenticing of electrology will be subject to approval by the

board in a clinic or establishment.

(b) ``Board'' means the state board of cosmetology.

(c) ``Cosmetologist'' means any person, other than a manicurist or

esthetician, who practices the profession of cosmetology for compensa-

tion.

(d) (1) ``Cosmetology'' means the profession of:

(A) Arranging, dressing, permanently curling, curling, waving, cleans-

ing, temporarily or permanently coloring, bleaching, relaxing, condition-

ing or cutting the hair;

(B) massaging, cleansing, stimulating, manipulating or performing

similar work on the scalp, face, neck, arms or hands, by use of either the

or performing any other noninvasive beautifying process on any skin sur-

face by means of hands or mechanical or electrical appliances, other than

electric needles, provided for purposes other than treatment of medical,

physical or mental ailments;

(C) removing superfluous hair from the face or any part of the body

by use of either the hands or mechanical or electrical appliances other

than electric needles;

(D) using cosmetic preparations, antiseptics, lotions, creams or other

preparations in performing any of the practices described in paragraphs

(A), (B) and (C) of this subsection (d)(1); or

(E) manicuring, pedicuring or sculpturing nails; or

(F) performing any other beautifying process on any person.

(2) ``Cosmetology'' shall not include a service that results in tension

on hair strands or roots by twisting, wrapping, weaving, extending, lock-

ing, or braiding by hand or mechanical device so long as the service does

not include the application of dyes, reactive chemicals or other prepara-

tions to alter the color of the hair or to straighten, curl or alter the struc-

ture of the hair and so long as the requirements of K.S.A. 2001 Supp. 65-

1928, and amendments thereto are met. Nothing in this paragraph shall

be construed to preclude a licensed cosmetologist from performing the

service described in this paragraph.

(e) ``Esthetician'' means any person who, for compensation practices

the profession of cosmetology only to the following extent:

(1) Performing facials, skin care and eyebrow and eyelash services;

or

(2) cleansing, stimulating or performing any other noninvasive beau-

tifying process on any skin surface by means of hands or mechanical or

electrical appliances, other than electric needles, provided for purposes

other than treatment of medical, physical or mental ailments;

(2) (3) removing superfluous hair from the face or body, using either

the hands or mechanical or electrical appliances other than electric nee-

dles.; or

(4) using cosmetic preparations, antiseptics, lotions, creams or other

preparations in performing any of the practices described in paragraph

(1), (2) or (3) of subsection (e).

(f) ``Manicurist'' means any person who, for compensation practices

the profession of cosmetology only to the extent of manicuring, pedicur-

ing and sculpturing nails:

(1) Nail technology;

(2) cleansing, stimulating or performing similar work on the arms,

hands or ankles and feet by means of hands or mechanical or electrical

appliances, other than electric needles; or

(3) using cosmetic preparations, antiseptics, lotions, creams or other

preparations in performing any practice described in subsection (f)(2).

(g) ``Nail technology'' means manicuring, pedicuring and sculpturing

nails.

(h) ``Electrologist'' means any person who, for compensation removes

hair from, or destroys hair on, the human body for beautification by use

of an electric needle only.

(i) ``Person'' means any individual, corporation, partnership, associa-

tion or other entity.

(j) ``Instructor-in-training'' means a person who is a licensed cosme-

tologist and has met the board's training requirements for obtaining an

instructor-in-training permit.

Sec. 2. K.S.A. 2001 Supp. 65-1902 is hereby amended to read as

follows: 65-1902. (a) Except as provided in subsection (b), no person shall:

(1) Engage in practice of cosmetology, esthetics, nail technology or

electrology unless the person holds a valid license, issued by the board,

to engage in that practice;

(2) conduct a school for teaching cosmetology unless the person holds

a valid license, issued by the board, to conduct the school;

(3) teach cosmetology in a licensed school unless the person holds a

valid cosmetology instructor's license issued by the board;

(4) conduct a school for teaching nail technology unless the person

holds a valid license, issued by the board, to conduct the school;

(5) teach nail technology in a licensed school unless the person holds

a valid cosmetology or manicuring instructor's license issued by the board;

(6) conduct a school for teaching electrology unless the person holds

a valid license, issued by the board, to conduct the school;

(7) teach electrology in a licensed school or clinic unless the person

holds a valid electrology instructor's license issued by the board;

(8) conduct a school for teaching esthetics unless the person holds a

valid license, issued by the board, to conduct the school;

(9) teach esthetics in a licensed school unless the person holds a valid

cosmetology or esthetics instructor's license issued by the board;

(10) own or operate a school, salon or clinic where cosmetology, es-

thetics, nail technology or electrology is taught or practiced unless the

person holds a valid school, salon or clinic license issued by the board; or

(11) teach or practice cosmetology, esthetics, nail technology or elec-

trology in a school, salon or clinic unless the owner or operator of the

school, salon or clinic holds a valid school, salon or clinic license issued

by the board.

(b) The provisions of this act shall not apply to:

(1) Any person licensed as a barber or apprentice barber;

(2) any person licensed to practice medicine and surgery, chiroprac-

tic, optometry, nursing or dentistry, while engaged in that practice;

(3) any person who is a registered physical therapist or certified phys-

ical therapist assistant while engaged in that practice; or

(4) any teacher while engaged in instructing elementary or secondary

school students in the proper care of their own persons.

(c) A person holding a license as a cosmetology technician on the day

immediately preceding the effective date of this act shall continue to be

a licensed cosmetology technician and perform the functions of a cos-

metology technician, as such term was defined immediately prior to the

effective date of this act, and may renew such license subject to the pay-

ment of fees and other conditions and limitations on the renewal of li-

censes under article 19 of chapter 65 of the Kansas Statutes Annotated

and acts amendatory of the provisions thereof.

(d) If the board determines that an individual has violated subsection

(a), in addition to any other penalties imposed by law, the board, in ac-

cordance with the Kansas administrative procedure act, may issue a cease

and desist order against such individual or may assess such individual a

fine of not to exceed $1,500, or may issue such order and assess such fine.

In determining the amount of fine to be assessed, the board may consider

the following factors: (1) Willfulness of the violation, (2) repetitions of the

violation and (3) risk of harm to the public caused by the violation.

(e) A violation of subsection (a) of this section is a class C misde-

meanor.

Sec. 3. K.S.A. 2001 Supp. 65-1903 is hereby amended to read as

follows: 65-1903. (a) Licensed schools may be established and maintained

in this state where the profession of cosmetology may be taught or ac-

quired, under the following conditions and regulations:

(1) Any person may apply to the board for a license for conducting a

school for the teaching of the profession of cosmetology. The license shall

be granted by the board upon proper and sufficient showing of compe-

tency of the applicant and assurance of compliance by the applicant with

the requirements of this act, all reasonable rules and regulations adopted

by the board for the proper conduct of the school and all applicable

sanitation standards adopted by the secretary of health and environment

pursuant to K.S.A. 65-1,148, and amendments thereto. Prior to issuance

of the license, the applicant shall pay to the board the nonrefundable

license application fee established under K.S.A. 65-1904, and amend-

ments thereto. School licenses shall be renewed before July 1 of each

year by submitting an application and payment of the nonrefundable li-

cense renewal fee established under K.S.A. 65-1904, and amendments

thereto. Any license may be renewed by the applicant within 30 days

after the expiration date of the last license upon payment of a delinquent

renewal fee. No license fee shall be required of schools operating under

the state board of regents or any tax-supported school. Nothing in this

act shall prohibit any person who is a licensed electrologist, while acting

as owner and manager of the person's clinic or establishment, from teach-

ing electrology in the regular course of the person's business, but at no

time shall any clinic or establishment have more than one apprentice or

charge tuition for its teaching services.

(2) Each school licensed under this subsection (a) shall remain under

the constant supervision of the board. Each licensed school at all times

shall employ and maintain a sufficient number of instructors, duly li-

censed in the practices they teach, to provide at least one instructor for

every 25 students. One instructor in training shall count as an instructor

toward to the required ratio of instructors to students. Each licensed

school shall provide a course of training requiring not less than 1,500

clock hours of instruction and practice in preparation for the profession

of cosmetology covering a period of not less than nine nor more than 12

months of training for full-time students. In addition, the school may

provide a course of training of 350 clock hours of instruction and practice

in the profession of nail technology, and a course of training of 650 clock

hours of instruction and practice in the profession of esthetics. The course

of instruction and practice shall require not less than 1,500 clock hours,

or a licensed school may elect to base the course of instruction and practice

on credit hours. The formula for conversion from clock hour to credit

hour shall be provided by a recognized accrediting body which is ap-

proved by the United States department of education for the accreditation

of schools of cosmetology and the licensed school applying the credit hour

conversion must be accredited through the accrediting body providing

the conversion formula. The formula for conversion from clock hour to

credit hour shall be subject to review by the board. Each course of in-

struction and practice shall include those core areas of education as de-

termined and defined by the board. Each licensed school of cosmetology

shall cover a period of not less than nine nor more than 12 months of

training for full-time students. In addition, the school may provide a

course of instruction and practice in preparation for the profession of nail

technology. The course of instruction and practice shall require not less

than 350 clock hours, or a licensed school may elect to base the course of

instruction and practice on credit hours. The formula for conversion from

clock hour to credit hour shall be provided by a recognized accrediting

body which is approved by the United States department of education for

the accreditation of schools of cosmetology and the licensed school apply-

ing the credit hour conversion must be accredited through the accrediting

body providing the conversion formula. The formula for conversion from

clock hour to credit hour shall be subject to review by the board. Each

course of instruction and practice shall include those core areas of edu-

cation as determined and defined by the board. Each licensed school of

cosmetology may provide instruction and practice in the profession of

esthetics. The course of instruction and practice shall require not less than

650 clock hours, or a licensed school may elect to base the course of

instruction and practice on credit hours. The formula for conversion from

clock hour to credit hour shall be provided by a recognized accrediting

body which is approved by the United States department of education for

the accreditation of schools of cosmetology and the licensed school apply-

ing the credit hour conversion must be accredited through the accrediting

body providing the conversion formula. The formula for conversion from

clock hour to credit hour shall be subject to review by the board. Each

course of instruction and practice shall include those core areas of edu-

cation as determined by the board. Such course of training shall include

the practices of cosmetology for all major ethnic groups residing in the

state, and the board shall require by rules and regulations that each school

shall provide instruction for part-time students who are unable to attend

a full schedule of classes each week because of part-time employment;

enrollment in an accredited public or private school of secondary edu-

cation by a student who is pursuing a course of study leading to a diploma

from such school; enrollment in a cooperative industrial training program,

approved by the division of vocational education of the state department

of education, by a student who is working toward an occupational objec-

tive; or the principles or tenets of the student's religion preventing full-

time attendance. Instruction of a part-time student shall be completed

by the student within 18 months after the student's enrollment in the

school.

(b) Any person who teaches the profession of cosmetology in a li-

censed school of cosmetology shall be required to obtain a cosmetology

instructor's license from the board. To qualify for a cosmetology instruc-

tor's license, the applicant must: (1) Be licensed as a cosmetologist under

this act,; (2) either (A) have practiced as a cosmetologist for one year prior

to licensure, with and successfully completed 300 hours of instructor train-

ing, or (B) have successfully completed 450 hours of instructor training;

(3) pass a cosmetology instructor exam, administered by the board or the

board's designee,; and (4) pay the nonrefundable instructor license ap-

plication fee established by K.S.A. 65-1904, and amendments thereto. A

cosmetology instructor license shall be renewed every two years by fur-

nishing satisfactory evidence that the applicant, except the first renewal

period following licensure for applicants not holding a cosmetology in-

structor license on the effective date of this act, has completed 20 clock

hours of continuing education approved by the board in the practice of

cosmetology and teaching skills and methods, and by paying the nonre-

fundable license renewal fee established by K.S.A. 65-1904, and amend-

ments thereto.

(c) Licensed schools may be established and maintained in this state

where nail technology may be taught or acquired, under the following

conditions and regulations:

(1) Any person may apply to the board for a license for conducting a

school for the teaching of nail technology. The license shall be granted

by the board upon proper and sufficient showing of competency of the

applicant and assurance of compliance by the applicant with the require-

ments of this act, all reasonable rules and regulations adopted by the

board for the proper conduct of the school and all applicable sanitation

standards adopted by the secretary of health and environment pursuant

to K.S.A. 65-1,148, and amendments thereto. Prior to issuance of the

license, the applicant shall pay to the board the nonrefundable license

application fee established under K.S.A. 65-1904, and amendments

thereto. School licenses shall be renewed before July 1 of each year by

submitting an application and payment of the nonrefundable license re-

newal fee established under K.S.A. 65-1904, and amendments thereto.

Any license may be renewed by the applicant within 30 days after the

expiration date of the last license upon payment of a delinquent renewal

fee. No license fee shall be required of schools operating under the state

board of regents or any tax-supported school.

(2) Each school licensed under this subsection (c) shall remain under

the constant supervision of the board. Each licensed school at all times

shall employ and maintain a sufficient number of instructors, duly li-

censed in the practices they teach, to provide at least one instructor for

every 25 students. Not more than one instructor in training shall count

as an instructor toward the required ratio of instructors to students. Each

licensed school shall provide a course of training requiring not less than

350 clock hours of instruction and practice in preparation for the profes-

sion of manicurist. The course of instruction and practice shall require

not less than 350 clock hours, or a licensed school may elect to base the

course of instruction and practice on credit hours. The formula for con-

version from clock hour to credit hour shall be provided by a recognized

accrediting body which is approved by the United States department of

education for the accreditation of schools of cosmetology and the licensed

school applying the credit hour conversion must be accredited through

the accrediting body providing the conversion formula. The formula for

conversion from clock hour to credit hour shall be subject to review by

the board. Each course of instruction and practice shall include those core

areas of education as determined and defined by the board. The board

shall require by rules and regulations that each school shall provide in-

struction for part-time students who are unable to attend a full schedule

of classes each week because of part-time employment; enrollment in an

accredited public or private school of secondary education by a student

who is pursuing a course of study leading to a diploma from such school;

enrollment in a cooperative industrial training program, approved by the

division of vocational education of the state department of education, by

a student who is working toward an occupational objective; or the prin-

ciples or tenets of the student's religion preventing full-time attendance.

Instruction of all students shall be completed by the student within six

months after the student's enrollment in the school.

(d) Any person who teaches nail technology in a licensed school of

cosmetology or nail technology shall be required to obtain a manicuring

instructor's license from the board, unless the person holds a valid cos-

metology instructor's license issued under subsection (b). To qualify for

a manicuring instructor's license, the applicant must: (1) Be licensed as

a cosmetologist or manicurist under this act,; (2) either (A) have practiced

as a manicurist or cosmetologist for one year prior to licensure, with and

successfully completed 300 hours of instructor training, or (B) have suc-

cessfully completed 450 hours of instructor training; (3) pass a manicuring

instructor exam, administered by the board or the board's designee; and

(4) pay a nonrefundable instructor license application fee established by

K.S.A. 65-1904, and amendments thereto. A manicuring instructor li-

cense shall expire every two years and shall be renewed by furnishing

satisfactory evidence that the applicant, except the first renewal period

following licensure for applicants not holding a manicuring instructor li-

cense on the effective date of this act, has completed 20 clock hours of

continuing education, approved by the board, in the practice of mani-

curing and teaching skills and methods and paying the nonrefundable

license renewal fee established by K.S.A. 65-1904, and amendments

thereto.

(e) Licensed schools may be established and maintained in this state

where the profession of esthetics may be taught or acquired, under the

following conditions and regulations:

(1) Any person may apply to the board for a license for conducting a

school for the teaching of the profession of esthetics. The license shall be

granted by the board upon proper and sufficient showing of competency

of the applicant and assurance of compliance by the applicant with the

requirements of this act, all reasonable rules and regulations adopted by

the board for proper conduct of the school and all applicable sanitation

standards adopted by the secretary of health and environment pursuant

to K.S.A. 65-1,148, and amendments thereto. Prior to issuance of the

license, the applicant shall pay to the board the nonrefundable license

application fee established under K.S.A. 65-1904, and amendments

thereto. School licenses shall be renewed before July 1 of each year by

submitting an application and payment of the nonrefundable license re-

newal fee established under K.S.A. 65-1904, and amendments thereto.

Any license may be renewed by the applicant within 30 days after the

date of expiration of the last license upon payment of a delinquent renewal

fee. No license fee shall be required of schools operating under the state

board of regents or any tax-supported school.

(2) Each school licensed under this subsection (e) shall remain under

the constant supervision of the board. Each licensed school at all times

shall employ and maintain a sufficient number of instructors, duly li-

censed in the practices they teach, to provide at least one full-time in-

structor for every 25 students. Not more than one instructor in training

shall count as an instructor toward the required ratio of instructors to

students. Each licensed school shall provide a course of training requiring

not less than 650 clock hours of instruction and practice in esthetics prep-

aration for the profession of esthetics. The course of instruction and prac-

tice shall require not less than 650 clock hours, or a licensed school may

elect to base the course of instruction and practice on credit hours. The

formula for conversion from clock hour to credit hour shall be provided

by a recognized accrediting body which is approved by the United States

department of education for the accreditation of schools of cosmetology

and the licensed school applying the credit hour conversion must be ac-

credited through the accrediting body providing the conversion formula.

The formula for conversion from clock hour to credit hour shall be subject

to review by the board. Each course of instruction and practice shall

include those core areas of education as determined and defined by the

board.

(f) Any person who teaches esthetics in a licensed school of cosme-

tology or esthetics shall be required to obtain an esthetics instructor's

license from the board, unless the person holds a valid cosmetology in-

structor's license issued under subsection (b). To qualify for an esthetics

instructor's license, the applicant must: (1) Be licensed as a cosmetologist

or esthetician under this act,; (2) either (A) have practiced as an estheti-

cian or cosmetologist for one year prior to licensure, with and successfully

completed 300 hours of instructor training, or (B) have successfully com-

pleted 450 hours of instructor training; (3) pass an esthetician instructor

exam, administered by the board or the board's designee; and (4) pay a

nonrefundable license application fee established by K.S.A. 65-1904, and

amendments thereto. An esthetics instructor license shall expire every

two years and shall be renewed by furnishing satisfactory evidence that

the applicant, except the first renewal period following licensure for ap-

plicants not holding an esthetics instructor license on the effective date

of this act, has completed 20 clock hours of continuing education, ap-

proved by the board, in the practice of esthetics and teaching skills and

methods and by paying the nonrefundable license renewal fee established

by K.S.A. 65-1904, and amendments thereto.

(g) Licensed schools may be established and maintained in this state

where the profession of electrology may be taught or acquired, under the

following conditions and regulations:

(1) Any person may apply to the board for a license for conducting a

school for the teaching of the profession of electrology. The license shall

be granted by the board upon proper and sufficient showing of compe-

tency of the applicant and assurance of compliance by the applicant with

the requirements of this act, all reasonable rules and regulations adopted

by the board for the proper conduct of the school and all applicable

sanitation standards adopted by the secretary of health and environment

pursuant to K.S.A. 65-1,148, and amendments thereto. Prior to issuance

of the license, the applicant shall pay to the board the nonrefundable

license application fee established under K.S.A. 65-1904, and amend-

ments thereto. School licenses shall be renewed before July 1 of each

year by submitting an application and payment of the nonrefundable li-

cense renewal fee established under K.S.A. 65-1904, and amendments

thereto. Any license may be renewed by the applicant within 30 days

after the expiration date of the last license upon payment of a delinquent

renewal fee. No license fee shall be required of schools operating under

the state board of regents or any tax-supported school. Nothing in this

act shall prohibit any person who is a licensed instructor of electrology or

who is and has been for at least three years a licensed electrologist, while

acting as owner and manager of the person's salon, clinic or establishment,

from teaching electrology in the regular course of the person's business,

but at no time shall any salon, clinic or establishment have more than one

apprentice or charge tuition for its teaching services.

(2) Each school licensed under this subsection (e) shall remain under

the constant supervision of the board. Each licensed school at all times

shall employ and maintain a sufficient number of instructors, duly li-

censed in the practices they teach, to provide at least one full-time in-

structor for every four students. Each licensed school shall provide a

course of training requiring not less than 500 clock hours of instruction

and practice in electrology covering a period of not less than four months

of training for full-time students and not less than eight months of training

for part-time students preparation for the profession of electrology. The

course of instruction and practice shall require not less than 500 clock

hours, or a licensed school may elect to base the course of instruction and

practice on credit hours. The formula for conversion from clock hour to

credit hour shall be provided by a recognized accrediting body which is

approved by the United States department of education for the accredi-

tation of schools of cosmetology and the licensed school applying the credit

hour conversion must be accredited through the accrediting body provid-

ing the conversion formula. The formula for conversion from clock hour

to credit hour shall be subject to review by the board. Each course of

instruction and practice shall include those core areas of education as

determined and defined by the board.

(h) Any person who teaches electrology in a licensed school of cos-

metology or electrology shall be required to obtain an electrology instruc-

tor's license from the board. To qualify for an electrology instructor's

license, the applicant must: (1) Be licensed as an electrologist under this

act,; (2) either (A) have practiced as an electrologist for one year prior to

licensure, with and successfully completed 300 hours of instructor train-

ing, or (B) have successfully completed 450 hours of instructor training;

(3) pass an electrology instructor exam, administered by the board or the

board's designee; and (4) pay a nonrefundable instructor license appli-

cation fee established under K.S.A. 65-1904, and amendments thereto.

Electrology instructor licenses shall expire every two years and may be

renewed by furnishing satisfactory evidence that the applicant, except the

first renewal period following licensure for applicants not holding an elec-

trology instructor license on the effective date of this act, has completed

20 clock hours of continuing education, approved by the board, in the

practice and teaching of electrology and paying the nonrefundable license

renewal fee established under K.S.A. 65-1904, and amendments thereto.

To teach in a licensed salon, the electrologist is issued a license for the

period of training for the student. To qualify they must: (1) Be a licensed

practicing electrologist for a three-year period and (2) pay a nonrefund-

able instructor license application fee established under K.S.A. 65-1904,

and amendments thereto.

(i) The board may adopt through rules and regulations a curriculum

for cosmetology, nail technology, esthetics and electrology instructor

training to be provided in a licensed school of cosmetology.

(j) The board may provide by rules and regulations that instructor

licenses may expire less than two years from the date of issuance in order

for the expiration date of the instructor license to correspond with the

expiration date of the individual's license to practice cosmetology, nail

technology, esthetics or electrology. In each case in which an instructor

license is issued for a period of time of less than two years, the board

shall prorate the instructor license application fee from the month of the

date of application to the month of the date of expiration of the license

to practice cosmetology, nail technology, esthetics or electrology.

(j) Any instructor's license may be renewed by an applicant within

one month after the date of expiration of the applicant's last license upon

submission of proof, satisfactory to the board, of the applicants current

hours and qualifications to renew practice as an instructor and payment

of the applicable nonrefundable renewal fee and delinquent fee prescribed

in K.S.A. 65-1904, and amendments thereto. Any applicant whose instruc-

tor's license has expired for more than one month may obtain a license in

the same manner and on payment of the same nonrefundable fees as pro-

vided for an applicant for an original license.

(k) (1) The board shall provide by rules and regulations instructor-

in-training permits for applicants wishing to become an instructor in any

of the schools listed in subsections (a) through (i).

(2) To obtain an instructor-in-training permit the applicant shall:

(A) One week prior to starting the 100 clock hours of teaching skills

and methodology required under (B)(ii) submit to the board a notice of

intent to become an instructor-in-training and be enrolled in a board-

approved instructor's training program. This notification shall be on the

application form for the instructor-in-training permit and accompanied

by a nonrefundable fee set by the board.

(B) Upon the applicant's submitting to the board proof, satisfactory

to the board, of achieving the following terms the applicant shall obtain

the instructor-in-training permit:

(i) Be licensed as a cosmetologist or licensed in the profession in which

the application would be instructing;

(ii) have completed 100 clock hours of the required clock hours of

teaching skills and methodology; and

(iii) pay the required nonrefundable application fee.

(3) The instructor-in-training permit shall be good for six months. If

the student does not complete the required training, the board, upon good

cause shown, may extend the permit for an additional six months.

(4) For purposes of the required student-to-instructor ratio, there

shall be only one student with a student instructor permit who may be a

student instructor on the school staff.

(5) At no time shall an instructor-in-training practice without the su-

pervision of a licensed instructor.

(6) Failure to complete the instructor curriculum or to take the re-

quired exam within six months of the date of application will require the

submission of a new instructor's application and the required number of

clock hours of instructor's training.

Sec. 4. K.S.A. 2001 Supp. 65-1904 is hereby amended to read as

follows: 65-1904. (a) Unless revoked for cause, all licenses of cosmetol-

ogists, cosmetology technicians, estheticians, electrologists and manicur-

ists issued or renewed by the board shall expire on the expiration dates

established by rules and regulations adopted by the board under this

section. Subject to the other provisions of this subsection, each such li-

cense shall be renewable on a biennial basis upon the filing of a renewal

application prior to the expiration of the license, payment of the nonre-

fundable license renewal fee established under this section and with re-

newal applications filed on and after July 1, 2000, the filing of a success-

fully completed written renewal examination prescribed by the board

under this subsection. For renewal applications filed on and after July 1,

2000, the board shall prescribe a written renewal examination for each

classification of licensee under this subsection which will test the appli-

cant's understanding of the laws relating to the practice for which the

applicant holds a license, will test the applicant's understanding of health

and sanitation matters relating to the practice for which the applicant

holds a license and will test the understanding of the applicant about

safety matters relating to the practice for which the applicant holds a

license. The board shall fix the score for the successful completion of a

written renewal examination. The board shall develop an information

booklet to be sent to an applicant for renewal of a license along with the

written renewal examination. The information booklet shall contain in-

formation on the subjects to be tested on the written renewal examination

and shall be provided to the applicant along with the written renewal

examination at least 30 days prior to the date on which the renewal ap-

plication is to be filed. The written renewal examination may be prepared

by the applicant with the use of the information booklet.

(b) (1) Any cosmetologist's, cosmetology technician's, esthetician's,

electrologist's or manicurist's license may be renewed by the applicant

within six months after the date of expiration of the applicant's last license

upon submission of proof, satisfactory to the board, of the applicant's

qualifications to renew practice as a cosmetologist, cosmetology techni-

cian, esthetician, electrologist or manicurist, successfully completing the

renewal exam and payment of the applicable nonrefundable renewal fee

and delinquent fee prescribed pursuant to this section.

(2) Any applicant whose license as a cosmetologist, cosmetology tech-

nician, esthetician, electrologist or manicurist expires on or after January

1, 2000, and has been expired for more than six months may obtain re-

instatement of such license upon application to the board, upon filing

with the board a successfully completed written renewal examination and

upon payment of the applicable nonrefundable delinquent renewal fee

and a nonrefundable renewal penalty fee of $100.

(c) Any applicant for a license other than a renewal license shall make

a verified application to the board on such forms as the board may require

and, upon payment of the license application fee and the examination fee

shall be examined by the board or their appointees and shall be issued a

license, if found to be duly qualified to practice the profession of cos-

metologist, esthetician, electrologist or manicurist.

(d) The board is hereby authorized to adopt rules and regulations

fixing the amount of nonrefundable fees for the following items and to

charge and collect the amounts so fixed, subject to the following limita-

tions:

Cosmetologist license application fee, for two years--notmore than$60
Cosmetologist license renewal fee60
Delinquent cosmetologist renewal fee25
Cosmetology technician license renewal fee, for twoyears--not more than35 60
Delinquent cosmetology technician renewal fee25
Electrologist license application fee, for two years--notmore than35 60
Electrologist license renewal fee35 60
Delinquent electrologist renewal fee25
Manicurist license application fee, for two years--not morethan30 60
Manicurist license renewal fee30 60
Delinquent manicurist renewal fee25
Esthetician license application fee, for two years--notmore than30 60
Esthetician license renewal fee30 60
Delinquent esthetician renewal fee25
Any apprentice license application fee--not more than15
New school license application fee150
School license renewal fee--not more than75
Delinquent school license fee--not more than50
New cosmetology services salon or electrology clinic li-cense application fee--not more than50 100
Cosmetology services salon or electrology clinic license re-newal fee--not more than30 50
Delinquent cosmetology services salon or electrology clinicrenewal fee30
Cosmetologist's examination--not more than50 75
Electrologist's examination--not more than50 75
Manicurist's examination--not more than50 75
Esthetician examination--not more than50 75
Instructor's examination--not more than75
Reciprocity application fee--not more than50 75
Verification of licensure20
Any duplicate of license25
Instructor's license application fee, for two years--notmore than75 100
Renewal of instructor's license fee50 75
Delinquent instructor's renewal fee--not more than75
Temporary permit fee15
Statutes and regulations book5
Instructor-in-training permit50

(e) Whenever the board determines that the total amount of revenue

derived from the fees collected pursuant to this section is insufficient to

carry out the purposes for which the fees are collected, the board may

amend its rules and regulations to increase the amount of the fee, except

that the amount of the fee for any item shall not exceed the maximum

amount authorized by this subsection. Whenever the amount of fees col-

lected pursuant to this section provides revenue in excess of the amount

necessary to carry out the purposes for which such fees are collected, it

shall be the duty of the board to decrease the amount of the fee for one

or more of the items listed in this subsection by amending the rules and

regulations which fix the fees.

(f) Any person who failed to obtain a renewal license while in the

armed forces of the United States shall be entitled to a renewal license

upon filing application and, paying the nonrefundable renewal fee for the

current year during which the person has been discharged on and after

July 1, 1996 and successfully completing the renewal exam.

(g) Any person who is currently licensed as a cosmetologist, cosme-

tology technician, esthetician, electrologist or manicurist on inactive status

shall be deemed licensed on active status. Upon application for renewal

of the license as provided in rules and regulations, the person shall be

issued a license which does not indicate inactive status. Prior to applica-

tion for renewal of the license and upon request to the board, such person

may obtain a license which does not indicate inactive status.

(h) From and after the effective date of this act, there shall be no

continuing education requirement imposed by the board upon any person

who was formerly or is currently licensed as a cosmetologist, cosmetology

technician, esthetician, electrologist or manicurist as a condition of rein-

statement or renewal of the person's license to practice.

Sec. 5. K.S.A. 2001 Supp. 65-1904a is hereby amended to read as

follows: 65-1904a. (a) Any licensed cosmetologist, esthetician, electrolo-

gist, manicurist, or person desiring to establish a salon or clinic shall make

application, on a form provided, to the Kansas state board of cosmetology,

accompanied by the new salon or clinic license fee established under

K.S.A. 65-1904, and amendments thereto. Upon filing of the application,

the board shall inspect the equipment as to safety and sanitary condition

of the premises and if the equipment and premises are found to comply

with the rules and regulations of the secretary of health and environment

and the rules and regulations of the Kansas state board of cosmetology,

the board shall issue a new salon or clinic license.

(b) Nothing herein contained shall be construed as preventing any

licensed person from practicing cosmetology or electrology in a licensed

cosmetologist's cosmetologist, manicurist, esthetician or electrologist from

practicing in the field for which licensed in such licensee's private home

or residence if the home or residence complies with rules and regulations

of the secretary and the state board. A licensed cosmetologist, manicurist,

esthetician or electrologist may provide cosmetology services in the field

in which licensed in a place other than the licensed salon or clinic or a

private home or residence of the licensed cosmetologist, manicurist, es-

thetician or electrologist. Excluding services provided by a licensed cos-

metologist, manicurist, esthetician or electrologist in a health care facility,

hospital or nursing home or in the residence of a person requiring home

care arising from physical or mental disabilities, in order to provide such

services, such licensed cosmetologist, manicurist, esthetician or electrol-

ogist shall be employed in a salon or clinic or in the licensed cosmetolo-

gist's, manicurist's, esthetician's or electrologist's private home or resi-

dence for at least 51% of the total hours per week employed; and shall

attest by affidavit that such cosmetology, manicuring, esthetics or elec-

trology services shall be provided only in the residence or office of the

person receiving services.

(c) Licensed salons and clinics may be reinspected in accordance with

a schedule determined by the board by rules and regulations or upon a

complaint made to the board that such salon or clinic is not being main-

tained in compliance with rules and regulations of the board. The license

shall expire on June 30 following its issuance. Any such license may be

renewed upon application accompanied by the salon or clinic license re-

newal fee made to the board before July 1 of the year in which the license

expires. Any license may be renewed by the applicant within 60 days after

the date of expiration of the last license upon payment of a delinquent

renewal fee.

Sec. 6. K.S.A. 2001 Supp. 65-1904b is hereby amended to read as

follows: 65-1904b. (a) Upon application to the Kansas state board of cos-

metology on a form provided for application for a cosmetologist, esthe-

tician, or electrologist or manicurist license, accompanied by the appli-

cation fee, a person practicing as a cosmetologist, esthetician, or

electrologist or manicurist under the laws of another state or jurisdiction

shall be granted a license entitling the person to practice in this state if:

(1) The person is not less than 17 years of age and a graduate of an

accredited high school, or equivalent thereof;

(2) the person submits to the board verification of date of birth;

(3) the person submits to the board a written statement from a person

licensed to practice medicine and surgery under the laws of any state

showing that the person is free from infectious or contagious disease; and

(4) the person holds a current license in another state in the area of

practice in which the person seeks a license and meets at least one of the

following criteria:

(A) The person's training and qualifications, including examination

requirements, are equal to the requirements for licensure in this state

person passes a written and a practical examination administered by the

board relating to the area of practice in which the person seeks a license;

or

(B) the person has been licensed in a state or jurisdiction which has

substantially the same requirements for licensure as this state has the

number of hours of training required for licensure in this state and passes

the written examination administered for license renewal under subsec-

tion (a) of K.S.A. 65-1904, and amendments thereto.

(b) The renewal of a license issued pursuant to this section shall be

in the manner provided in K.S.A. 65-1904, and amendments thereto.

Sec. 7. K.S.A. 2001 Supp. 65-1905 is hereby amended to read as

follows: 65-1905. (a) All examinations held or conducted by the board

shall be in accordance with rules and regulations adopted by the board.

The examinations shall include practical and written tests a written test

administered at the completion of 1,000 hours of training. If the applicant

has attended a licensed school electing to base the course of instruction

and practice on credit hours as provided in K.S.A. 65-1903, and amend-

ments thereto, the written test shall be administered at the completion of

the credit hours which are the equivalent of 1,000 clock hours under the

formula for conversion used by the licensed school. A practical test may

be administered prior to licensure. Examinations to qualify for an instruc-

tor's license shall be limited to written tests.

(b) Each applicant for licensure by examination shall:

(1) Be at least 17 years of age;

(2) be a graduate of an accredited high school, or equivalent thereof.

The provisions of this paragraph shall not apply to any applicant who was

at least 25 years of age and licensed as an apprentice on May 21, 1998;

(3) submit to the board verification of date of birth;

(4) submit to the board a written statement from a person licensed

to practice medicine and surgery under the laws of any state showing that

the applicant is free from contagious and infectious diseases; and

(5) have served as an apprentice for the period of time provided by

K.S.A. 65-1912, and amendments thereto.

(c) Any person making application who apparently possesses the nec-

essary qualifications to take an examination provided herein, upon appli-

cation and payment of the nonrefundable temporary permit fee, may be

issued a temporary permit by the board to practice cosmetology until the

next regular examination conducted by the board.

Sec. 8. K.S.A. 2001 Supp. 65-1908 is hereby amended to read as

follows: 65-1908. (a) The state board of cosmetology may revoke any

license provided for by this act, may censure, limit or condition any license

or may refuse to issue, renew or suspend any license or assess a fine, not

to exceed $1,000 per violation, for any of the following reasons:

(1) Failure to comply with the sanitary requirements prescribed by

the secretary of health and environment pursuant to K.S.A. 65-1,148, and

amendments thereto;

(2) failure to comply with any provision of this act, with the rules and

regulations of the board of cosmetology or with any order issued by the

board;

(3) has become a danger to the public by reason of alcohol or drug

abuse;

(4) conviction of a felony unless the applicant or licensee is able to

demonstrate to the board's satisfaction that such person has been suffi-

ciently rehabilitated to warrant the public trust;

(5) the obtaining of, or the attempt to obtain, a license by fraudulent

misrepresentation or bribery;

(6) advertising by means of false or knowingly deceptive matter or

statement;

(7) failure to display the annual license or inspection report as pro-

vided for in this act; or

(8) being found guilty of gross negligence or unprofessional conduct

as defined by rules and regulations of the board; or

(9) has had a license revoked, suspended or limited, or has had other

disciplinary action taken, or an application for a license denied, by the

proper regulatory authority of another state, territory, District of Colum-

bia or another country, a certified copy of the record of the action of the

other jurisdiction being conclusive evidence thereof.

(b) The board may order the remedying of any violations of rules and

regulations of the board or any provision of this act, and the board may

issue a cease and desist order upon board determination that the holder

of a license or any person has violated any order of the board, any rules

and regulations of the board or any provision of this act.

(c) Inspectors employed by the board shall have such powers as the

board may prescribe by rules and regulations to make inspections, inves-

tigations, and inquiries, except that a permanent order for closing any

establishment licensed by the board shall be issued only by the board.

(d) All proceedings under this section shall be conducted in accord-

ance with the provisions of the Kansas administrative procedure act.

Sec. 9. K.S.A. 2001 Supp. 65-1909 is hereby amended to read as

follows: 65-1909. (a) No person shall:

(1) Knowingly Employ an individual to engage in any activity for

which a license is required pursuant to K.S.A. 65-1902, and amendments

thereto unless such individual holds a currently valid license issued to

such individual;

(2) violate any order or ruling of the state board of cosmetology;

(3) fail or refuse to comply with rules and regulations prescribed by

the board or applicable sanitation standards adopted by the secretary of

health and environment pursuant to K.S.A. 65-1,148, and amendments

thereto; or

(4) violate any of the provisions of article 19 of chapter 65 of Kansas

Statutes Annotated.

(b) Violation of subsection (a) is a misdemeanor punishable by a fine

of not less than $10 nor more than $100, or by imprisonment in the county

jail for not less than 10 days nor more than 90 days, or by both such fine

and imprisonment.

(c) The board may bring an action in its own name in a court of

competent jurisdiction to enjoin any person from practicing or teaching

cosmetology, esthetics, nail technology or electrology or from operating

a salon, clinic or school if such person does not hold where such courses

are taught without a currently valid license. If the court finds that such

person is unlawfully teaching or practicing cosmetology, esthetics, nail

technology or electrology or operating a salon, clinic or school without a

currently valid license, the court shall enter an injunction restraining such

person from such unlawful acts. In any civil action brought under this

section, it shall be presumed that irreparable damage will occur where

the board alleges and proves a person committed a violation of such li-

censing laws. In addition to issuing an order for injunctive relief, the court

also may assess a fine of not to exceed $1,500 against such person.

Sec. 10. K.S.A. 2001 Supp. 65-1912 is hereby amended to read as

follows: 65-1912. (a) Any person desiring to practice as an apprentice shall

be required to pay to the board the fee required pursuant to K.S.A. 65-

1904 and amendments thereto and obtain an apprentice license from the

board. Application for an apprentice license allowing a person to practice

in a licensed school shall be submitted to the board not more than 15

days after the person's enrollment in the school.

(b) (1) An applicant for examination and licensure as a cosmetologist

shall be required to have practiced as an apprentice in a licensed school

for not less than 1,500 clock hours or, if the applicant has attended a

licensed school electing to base the course of instruction and practice on

credit hours as provided in K.S.A. 65-1903, and amendments thereto, the

applicant shall have practiced as an apprentice for not less than those

credit hours which are the equivalent of 1,500 clock hours under the

formula for conversion used by the licensed school.

(2) An applicant for examination and licensure as an esthetician shall

be required to have practiced as an apprentice in a licensed school for

not less than 650 clock hours or, if the applicant has attended a licensed

school electing to base the course of instruction and practice on credit

hours as provided in K.S.A. 65-1903, and amendments thereto, the ap-

plicant shall have practiced as an apprentice for not less than those credit

hours which are the equivalent of 650 clock hours under the formula for

conversion used by the licensed school.

(3) An applicant for examination and licensure as a manicurist shall

be required to have practiced as an apprentice in a licensed school of

cosmetology or nail technology for not less than 350 clock hours or, if the

applicant has attended a licensed school electing to base the course of

instruction and practice on credit hours as provided in K.S.A. 65-1903,

and amendments thereto, the applicant shall have practiced as an ap-

prentice for not less than those credit hours which are the equivalent of

350 clock hours under the formula for conversion used by the licensed

school.

(4) An applicant for examination and licensure as an electrologist shall

be required to have practiced as an apprentice: (A) In a licensed school

of cosmetology or electrology for not less than 500 clock hours or, if the

applicant has attended a licensed school electing to base the course of

instruction and practice on credit hours as provided in K.S.A. 65-1903,

and amendments thereto, the applicant shall have practiced as an ap-

prentice for not less than those credit hours which are the equivalent of

500 clock hours under the formula for conversion used by the licensed

school; or (B) in a licensed clinic or establishment for not less than 1,000

clock hours of training. The duration of practice as an apprentice in a

clinic or establishment must be in the clinic or establishment in which

practice was commenced, except that the board may permit, upon written

application and for good cause, the transfer of the apprentice to another

clinic or establishment for completion of the term of apprenticeship. Any

licensed cosmetologist who is practicing electrology in a licensed clinic or

establishment on July 1, 1987, may apply for and be issued an electrolo-

gist's license without examination.

(c) No apprentice shall make any charge for the apprentice's services,

but a licensed school of cosmetology, electrology or nail technology or a

proprietor of a licensed clinic or establishment in which an apprentice of

electrology practices may charge for services of the apprentice.

(d) For purposes of subsection (b), a person is not required to have

practiced as an apprentice continuously or without interruption in ob-

taining the required number of hours.

Sec. 11. K.S.A. 65-1925 is hereby amended to read as follows: 65-

1925. (a) The board may adopt rules and regulations to implement this

act. The board, after consultation with the secretary of health and envi-

ronment, shall adopt rules and regulations relating to the safe functioning

of tanning devices. Pursuant to K.S.A. 65-1,148, and amendments thereto,

the secretary of health and environment shall adopt sanitation standards

for tanning facilities.

(b) An authorized agent shall have access at all reasonable times to

any tanning facility to inspect the facility to determine compliance with

this act.

(c) If an authorized agent finds that a person has violated, or is vio-

lating or threatening to violate this act and that the violation or threat of

violation creates an immediate threat to the health and safety of the pub-

lic, the authorized agent may petition the district court for a temporary

restraining order to restrain the violation or threat of violation.

(d) If a person has violated, or is violating or threatening to violate

this act or rules and regulations adopted by the board or by the secretary

of health and environment, as provided by this section, the board, after

a hearing in accordance with the administrative procedure act, may sus-

pend the license of a tanning facility until such time that the tanning

facility can demonstrate to the board that it has corrected deficiencies

and is in compliance with this act and rules and regulations adopted pur-

suant to this act.

(e) On application for injunctive relief and a finding that a person is

violating or threatening to violate this act or rules and regulations adopted

by the board or by the secretary of health and environment, as provided

by this section, the district court shall grant any injunctive relief warranted

by the facts.

Sec. 12. K.S.A. 2001 Supp. 65-1926 is hereby amended to read as

follows: 65-1926. (a) On and after January 1, 1993, A person may shall

not operate a tanning facility without a valid license issued by the board.

(b) The license shall be displayed in a conspicuous place in the tan-

ning facility.

(c) On application, on forms provided by the board, and on receipt

of the appropriate fee, a license shall be renewed by the board.

(d) The board may adopt a system under which licenses expire on

various dates during the year. As part of this system the annual renewal

fee may be prorated on a monthly basis to reflect the actual number of

months the license is valid.

(e) The board may revoke, cancel, suspend or place on probation a

license to operate a tanning facility for any of the following reasons:

(1) A failure to pay a license fee or an annual renewal fee for a license;

(2) the applicant obtained or attempted to obtain a license by fraud

or deception;

(3) a violation of any of the provisions of this act; or

(4) a violation of a regulation of the board adopted under this act any

rules and regulations adopted by the board or by the secretary of health

and environment, as provided by K.S.A. 65-1925, and amendments

thereto.

(f) The board shall establish appropriate licensure and renewal fees,

not to exceed $100 per year for each tanning facility, by adoption of rules

and regulations. The board may establish the fees based upon the number

of beds used for tanning which the facility maintains. In addition to the

fee for licensure and the fee for renewal of a license, the board may

establish a fee not to exceed $150 for delinquent renewal of a license and

a fee not to exceed $200 for reinstatement of a license.

(g) The executive director of the board shall remit all moneys re-

ceived from fees under this act to the state treasurer in accordance with

the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt

of each such remittance, the state treasurer shall deposit the entire

amount in the manner specified under K.S.A. 74-2704, and amendments

thereto.

Sec. 13. K.S.A. 65-1927 is hereby amended to read as follows: 65-

1927. Any person who operates an unlicensed tanning facility in this state

or knowingly violates this act or any rules and regulations adopted under

this act by the board or by the secretary of health and environment, as

provided by K.S.A. 65-1925, and amendments thereto, shall be guilty of

a class C misdemeanor.

New Sec. 14. (a) If the board determines that an individual or entity

has operated a tanning facility without a valid license, in addition to any

other penalties imposed by law, the board, in accordance with the Kansas

administrative procedure act, may issue a cease and desist order against

such individual or entity or may assess such individual or entity a fine of

not to exceed $1,500 or may issue such order and assess such fine. In

determining the amount of fine to be assessed, the board may consider

the following factors: (1) Willfulness of the violation, (2) repetitions of

the violation, and (3) risk of harm to the public caused by the violation.

(b) The board may bring an action in its own name in a court of

competent jurisdiction to enjoin any person from operating a tanning

facility without a currently valid license. In any civil action brought under

this section, it shall be presumed that irreparable damage will occur where

the board alleges and proves a person committed a violation of such li-

censing laws. In addition to issuing an order for injunctive relief, the court

may also assess a fine of not to exceed $1,500 against such person.

Sec. 15. K.S.A. 2001 Supp. 65-1946 is hereby amended to read as

follows: 65-1946. Licensed practicing permanent color technicians and

tattoo artists and persons who are licensed to perform body piercing shall

meet the following standards and any others the board may adopt by rules

and regulations:

(a) Tattooing and body piercing instruments shall be sterilized in ac-

cordance with methods approved by rules and regulations of the board

and such rules and regulations shall be approved by the secretary before

adoption or amendment Permanent color technicians and tattoo artists,

persons performing body piercing, tattoo facilities and body piercing fa-

cilities shall comply with all applicable sanitation standards adopted by

the secretary pursuant to K.S.A. 65-1,148, and amendments thereto;

(b) practicing permanent color technicians and tattoo artists and per-

sons licensed to perform body piercing shall be equipped with appropri-

ate sterilizing equipment, with availability of hot and cold running water

and a covered waste receptacle; and

(c) case history cards shall be kept for each client for a period of five

years.

Sec. 16. K.S.A. 2001 Supp. 74-2701 is hereby amended to read as

follows: 74-2701. (a) There is hereby created the Kansas state board of

cosmetology, the members of which shall be composed of seven members,

appointed by the governor, to regulate the practice of the profession of

cosmetology in Kansas. Subject to the provisions of K.S.A. 75-4315c and

amendments thereto, a member shall be appointed from each congres-

sional district and the remainder from the state at large. Not more than

four members shall be of the same political party. Four Three members

shall be licensed under the provisions of K.S.A. 65-1901 through 65-1912,

and amendments thereto, at least two of whom shall be licensed cosme-

tologists; one member shall be a licensed permanent color technician and

tattoo artist or a licensed body piercer; one member shall be an owner

and licensed operator of a tanning facility; one member shall be a person

who holds a valid school license issued by the board or a person who is

engaged in the day-to-day operation of a school licensed by the board;

and two members shall represent the general public interest, except that.

If none of the licensed cosmetologist members of the board is an African-

American, at least one member representing the general public interest

shall be an African-American. No manufacturer, wholesaler or retailer of

cosmetic supplies or equipment used by the profession of cosmetology,

or any representative of such manufacturer, wholesaler or retailer, shall

become a member of the board.

(b) The terms of office of members of the board serving prior to the

effective date of this act shall expire on the effective date of this act, but

such members shall continue to serve until their successors are appointed

and qualified as provided in this section. Members of the board serving

prior to the effective date of this act may be reappointed as provided in

this section. Of the members first appointed to the board on and after

the effective date of this act, two members shall be appointed for terms

of one year, two members shall be appointed for terms of two years and

three members shall be appointed for terms of three years. Thereafter

each member of the board shall be appointed for a term of three years,

and until a successor is appointed and qualifies. The board shall annually

select a chairperson from its membership.

(c) The governor shall appoint an executive director who shall serve

at the pleasure of the governor. The executive director shall also be the

treasurer of the board and shall keep a record of the proceedings and

perform such other duties as the board shall direct.

(d) When a vacancy occurs by death or resignation, appointees to the

board shall have the prescribed qualifications. All vacancies in the board

shall be filled by the governor for the unexpired terms. The members of

the board shall take the oath of office prescribed for public officers before

entering upon the discharge of their duties.

Sec. 17. K.S.A. 65-1,148 is hereby amended to read as follows: 65-

1,148. (a) As used in this section, ``sanitation standards'' means standards

for personal and environmental sanitation and for the prevention of in-

fectious and contagious diseases.

(b) The secretary of health and environment shall adopt rules and

regulations establishing sanitation standards for professions, shops, salons,

facilities, clinics, schools and colleges regulated by the state board of bar-

ber examiners or the state board of cosmetology.

New Sec. 18. (a) Not later than January 1, 2003, the secretary of

health and environment shall review all rules and regulations related to

methods of and procedures for tattooing, permanent color technology and

body piercing. Not later than the first day of the 2003 legislative session,

the secretary of health and environment shall report the results of the

review pursuant to this subsection to the appropriate standing committees

of the house and senate.

(b) All rules and regulations of the Kansas state board of cosmetology

in effect on the effective date of this act which establish sanitation stan-

dards, as defined in K.S.A. 65-1,148, and amendments thereto, for tan-

ning facilities, tattoo facilities, body piercing facilities, permanent color

technicians and tattoo artists and persons performing body piercing shall

continue to be effective and shall be deemed to be rules and regulations

of the secretary of health and environment under K.S.A. 65-1,148, and

amendments thereto, until revised, amended, revoked or nullified by the

secretary of health and environment, or otherwise, pursuant to law.

Sec. 19. K.S.A. 2000 Supp. 65-1940, as amended by section 6 of

chapter 193 of the 2001 Kansas Session Laws, 65-1941, as amended by

section 7 of chapter 193 of the 2001 Session Laws of Kansas, 65-1943, as

amended by section 8 of chapter 193 of the 2001 Session Laws of Kansas,

65-1944, as amended by section 9 of chapter 193 of the 2001 Session

Laws of Kansas, 65-1945, as amended by section 10 of chapter 193 of the

2001 Session Laws of Kansas, 65-1946, as amended by section 11 of chap-

ter 193 of the 2001 Session Laws of Kansas, 65-1947, as amended by

section 12 of chapter 193 of the 2001 Session Laws of Kansas, 65-1948,

as amended by section 13 of chapter 193 of the 2001 Session Laws of

Kansas, 65-1949, as amended by section 14 of chapter 193 of the 2001

Session Laws of Kansas, 65-1950, as amended by section 15 of chapter

193 of the 2001 Session Laws of Kansas, 65-1951, as amended by section

16 of chapter 193 of the 2001 Session Laws of Kansas, 65-1954, as

amended by section 17 of chapter 193 of the 2001 Session Laws of Kansas,

74-2701, as amended by section 19 of chapter 193 of the 2001 Session

Laws of Kansas, section 21 of chapter 193 of the 2001 Session Laws of

Kansas, K.S.A. 65-1,148, 65-1925 and 65-1927 and K.S.A. 2001 Supp. 65-

1901, 65-1902, 65-1903, 65-1904, 65-1904a, 65-1904b, 65-1905, 65-1908,

65-1909, 65-1912, 65-1926, 65-1946, 65-1955 and 74-2701 are hereby

repealed.

Sec. 20. This act shall take effect and be in force from and after its

publication in the statute book.

Approved May 30, 2002.


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Date Composed: 10/10/2002 Date Modified: 10/10/2002