Session Law

Identifying Information:L. 2001 ch. 193
Other Identifying Information:2001 House Bill 2275
Tax Type:Other
Brief Description:An Act concerning the state board of cosmetology; persons and practices regulated; per- manent color technology, tattooing and body piercing; transferring certain powers, duties and functions to the secretary of health and environment; amending K.S.A. 2000 Supp. 65-1904, 65-1940, 65-1940, as amended by section 1 of this act, 65-1941, 65-1941, as amended by section 2 of this act, 65-1942, 65-1943, 65-1944, 65-1945, 65-1946, 65- 1947, 65-1948, 65-1949, 65-1950, 65-1951, 65-1953, 65-1954 and 74-2701 and repealing the existing sections; also repealing K.S.A. 2000 Supp. 65-1952.
Keywords:


Body:

CHAPTER 193

HOUSE BILL No. 2275


An Act concerning the state board of cosmetology; persons and practices regulated; per-

manent color technology, tattooing and body piercing; transferring certain powers, duties

and functions to the secretary of health and environment; amending K.S.A. 2000 Supp.

65-1904, 65-1940, 65-1940, as amended by section 1 of this act, 65-1941, 65-1941, as

amended by section 2 of this act, 65-1942, 65-1943, 65-1944, 65-1945, 65-1946, 65-

1947, 65-1948, 65-1949, 65-1950, 65-1951, 65-1953, 65-1954 and 74-2701 and repealing

the existing sections; also repealing K.S.A. 2000 Supp. 65-1952.




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

Section 1. K.S.A. 2000 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. The board shall

report to the 1999 session of the legislature the progress made by the

board in developing an information booklet and a written renewal ex-

amination.

(b) Any cosmetologist's, cosmetology technician's, esthetician's, elec-

trologist'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 qualifi-

cations to renew practice as a cosmetologist, cosmetology technician, es-

thetician, electrologist or manicurist, and payment of the applicable non-

refundable renewal fee and delinquent fee prescribed pursuant to this

section. Any applicant whose license as a cosmetologist, cosmetology tech-

nician, esthetician, electrologist or manicurist has expired for more than

six months may obtain a license in the same manner and on payment of

the same nonrefundable fees as provided for an applicant for an original

license expires on or after January 1, 2000, and has been expired for more

than six months may obtain reinstatement 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--not more than$6 0
Cosmetologist license renewal fee60
Delinquent cosmetologist renewal fee25
Cosmetology technician license renewal fee, for two years--not more than35
Delinquent cosmetology technician renewal fee25
Electrologist license application fee, for two years--not more than35
Electrologist license renewal fee35
Delinquent electrologist renewal fee25
Manicurist license application fee, for two years--not more than30
Manicurist license renewal fee30
Delinquent manicurist renewal fee25
Esthetician license application fee, for two years--not more than30
Esthetician license renewal fee30
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 license application fee--not more than50
Cosmetology services salon or electrology clinic license renewal fee--not more than30
Delinquent cosmetology services salon or electrology clinic renewal fee30
Cosmetologist's examination--not more than50
Electrologist's examination--not more than50
Manicurist's examination--not more than50
Esthetician examination--not more than50
Instructor's examination--not more than75
Reciprocity application fee--not more than50
Verification of licensure20
Any duplicate of license25
Instructor's license application fee, for two years--not more than75
Renewal of instructor's license fee50
Delinquent instructor's renewal fee--not more than75
Temporary permit fee15
Statutes and regulations book5

(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

(g) Any person who was formerly licensed as a cosmetologist, a cos-

metology technician, an esthetician, an electrologist or a manicurist and

whose license expired on or after July 1, 1996, and was not renewed may

obtain reinstatement of the license until July 1, 1999, upon application to

the board and upon payment of the applicable delinquent renewal fee.

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

metology 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

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

person may obtain a license which does not indicate inactive status.

(i) (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. 2. K.S.A. 2000 Supp. 65-1940 is hereby amended to read as

follows: 65-1940. As used in this act, unless the context otherwise re-

quires:

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

(b) ``Director'' means the executive director of the board.

(c) ``Department'' means the department of health and environment.

(d) ``Secretary'' means the secretary of health and environment.

(e) ``Licensed permanent color technician and tattoo artist'' means a

person licensed under this act to practice tattooing or permanent color

technology, or both.

(f) ``Permanent color technician and tattoo artist'' means a person

who practices tattooing or permanent color technology, or both pursuant

to this act.

(g) ``Body piercing'' means puncturing the skin of a person by aid of

needles or other instruments designed or used to puncture the skin for

the purpose of inserting removable jewelry or other objects in or through

the human body, except puncturing the external part of the human ear

earlobe shall not be included in this definition. This act shall not be con-

strued to authorize a licensed body piercer to implant or embed foreign

objects into the human body or otherwise to engage in the practice of

medicine and surgery.

(h) ``Physician'' means a person licensed to practice medicine and

surgery by the state board of healing arts.

(i) ``Tattoo'' means the indelible mark, figure or decorative design

introduced by insertion of nontoxic dyes or pigments into or under the

subcutaneous portion of the skin upon the body of a live human being.

(j) ``Tattooing'' means the process by which the skin is marked or

colored by insertion of nontoxic dyes or pigments into or under the sub-

cutaneous portion of the skin so as to form indelible marks for cosmetic

or figurative purposes.

(k) ``Tattoo facility'' means any room or space or any part thereof

where tattooing is practiced or where the business of tattooing is con-

ducted.

(l) ``Body piercing facility'' means any room space, or any part thereof,

where body piercing is practiced or where the business of body piercing

is conducted.

(m) ``Permanent color technology'' means the process by which the

skin is marked or colored by insertion of nontoxic dyes or pigments into

or under the subcutaneous portion of the skin so as to form indelible

marks for cosmetic or figurative purposes.

Sec. 3. K.S.A. 2000 Supp. 65-1941 is hereby amended to read as

follows: 65-1941. (a) No person, including a permanent color technician

and tattoo artist, shall perform tattooing, display a sign or in any other

way advertise or purport to be a permanent color technician and tattoo

artist unless that person holds a valid license issued by the board. No

person shall perform body piercing, display a sign or in any other way

advertise or purport to be in the business of body piercing unless that

person holds a valid license issued by the board. This act does not prevent

or affect the use of tattooing, permanent color technology or body pierc-

ing by a physician, a person under the control and supervision of a phy-

sician, a licensed dentist, a person under the control and supervision of a

licensed dentist, an individual performing tattooing, permanent color

technology or body piercing solely on such individual's body or any other

person specifically permitted to use electrolysis or tattooing by law.

(b) Violation of subsection (a) is a class A nonperson misdemeanor.

(c) The board may bring an action to enjoin any person required to

be licensed under K.S.A. 2000 Supp. 65-1940 to 65-1954, inclusive, and

amendments thereto from practicing body piercing, tattooing or perma-

nent color technology if such person does not hold a currently valid license

authorizing the person to engage in such practice. The board may bring

an action to enjoin any person from operating a facility required to be

licensed under K.S.A. 2000 Supp. 65-1940 to 65-1954, inclusive, and

amendments thereto if such person does not hold a currently valid facility

license.

(d) 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 has violated any order of the board, any rules and regulations

of the board or any provision of K.S.A. 2000 Supp. 65-1940 to 65-1954,

inclusive, and amendments thereto.

Sec. 4. K.S.A. 2000 Supp. 65-1942 is hereby amended to read as

follows: 65-1942. (a) No person shall:

(a) (1) Sell, barter or offer to sell or barter a license;

(b) (2) purchase or procure by barter a license with intent to use it

as evidence of the person's qualification to practice tattooing or body

piercing;

(c) (3) alter materially a license with fraudulent intent;

(d) (4) use or attempt to use as a valid license a license which has

been purchased, fraudulently obtained, counterfeited or materially al-

tered; or

(e) (5) willfully make a false, material statement in an application for

licensure or for renewal of a license.

(b) A violation of subsection (a) is a class A nonperson misdemeanor.

Sec. 5. K.S.A. 2000 Supp. 65-1953 is hereby amended to read as

follows: 65-1953. No person shall perform body piercing or tattooing on

or to any person under 18 years of age without the prior written and

notarized consent of the parent or court appointed guardian of such per-

son and the person giving such consent must be present during the body

piercing or tattooing procedure. The written permission and a copy of

the letters of guardianship when such permission is given is granted by a

guardian, shall be retained by the person administering such body pierc-

ing or tattooing for a period of five years. Violation of this section is a

class C A misdemeanor.

Sec. 6. On July 1, 2002, K.S.A. 2000 Supp. 65-1940, as amended by

section 1 of this act, is hereby amended to read as follows: 65-1940. As

used in this act, unless the context otherwise requires:

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

(b) ``Director'' means the executive director of the board.

(c) ``Department'' means the department of health and environment.

(d) (b) ``Secretary'' means the secretary of health and environment.

(e) (c) ``Licensed permanent color technician and tattoo artist'' means

a person licensed under this act to practice tattooing or permanent color

technology, or both.

(f) (d) ``Permanent color technician and tattoo artist'' means a person

who practices tattooing or permanent color technology, or both pursuant

to this act.

(g) (e) ``Body piercing'' means puncturing the skin of a person by aid

of needles or other instruments designed or used to puncture the skin

for the purpose of inserting removable jewelry or other objects through

the human body, except puncturing the external part of the human ear-

lobe shall not be included in this definition. This act shall not be construed

to authorize a licensed body piercer to implant or embed foreign objects

into the human body or otherwise to engage in the practice of medicine

and surgery.

(h) (f) ``Physician'' means a person licensed to practice medicine and

surgery by the state board of healing arts.

(i) (g) ``Tattoo'' means the indelible mark, figure or decorative design

introduced by insertion of nontoxic dyes or pigments into or under the

subcutaneous portion of the skin upon the body of a live human being.

(j) (h) ``Tattooing'' means the process by which the skin is marked or

colored by insertion of nontoxic dyes or pigments into or under the sub-

cutaneous portion of the skin so as to form indelible marks for cosmetic

or figurative purposes.

(k) (i) ``Tattoo facility'' means any room or space or any part thereof

where tattooing is practiced or where the business of tattooing is con-

ducted.

(l) (j) ``Body piercing facility'' means any room space, or any part

thereof, where body piercing is practiced or where the business of body

piercing is conducted.

(m) (k) ``Permanent color technology'' means the process by which

the skin is marked or colored by insertion of nontoxic dyes or pigments

into or under the subcutaneous portion of the skin so as to form indelible

marks for cosmetic or figurative purposes.

Sec. 7. On July 1, 2002, K.S.A. 2000 Supp. 65-1941, as amended by

section 2 of this act, is hereby amended to read as follows: 65-1941. (a)

No person, including a permanent color technician and tattoo artist, shall

perform tattooing, display a sign or in any other way advertise or purport

to be a permanent color technician and tattoo artist unless that person

holds a valid license issued by the board secretary. No person shall per-

form body piercing, display a sign or in any other way advertise or purport

to be in the business of body piercing unless that person holds a valid

license issued by the board secretary. This act does not prevent or affect

the use of tattooing, permanent color technology or body piercing by a

physician, a person under the control and supervision of a physician, a

licensed dentist, a person under the control and supervision of a licensed

dentist, an individual performing tattooing, permanent color technology

or body piercing solely on such individual's body or any other person

specifically permitted to use electrolysis or tattooing by law.

(b) Violation of subsection (a) is a class A nonperson misdemeanor.

(c) The board secretary may bring an action to enjoin any person

required to be licensed under K.S.A. 2000 Supp. 65-1940 to 65-1954,

inclusive, and amendments thereto from practicing body piercing, tattoo-

ing or permanent color technology if such person does not hold a cur-

rently valid license authorizing the person to engage in such practice. The

board secretary may bring an action to enjoin any person from operating

a facility required to be licensed under K.S.A. 2000 Supp. 65-1940 to 65-

1954, inclusive, and amendments thereto if such person does not hold a

currently valid facility license.

(d) The board secretary may order the remedying of any violations

of rules and regulations of the board secretary or any provision of this act

and the board secretary may issue a cease and desist order upon board

determination that the holder of a license has violated any order of the

board secretary, any rules and regulations of the board secretary or any

provision of K.S.A. 2000 Supp. 65-1940 to 65-1954, inclusive, and amend-

ments thereto.

Sec. 8. On July 1, 2002, K.S.A. 2000 Supp. 65-1943 is hereby

amended to read as follows: 65-1943. An applicant for licensure shall pay

a fee established by rules and regulations adopted by the board secretary

and shall show to the satisfaction of the board secretary that the applicant:

(a) Has complied with the provisions of this act and the applicable

rules and regulations of the secretary;

(b) is not less than 18 years of age;

(c) has a high school diploma or equivalent education;

(d) has submitted evidence of completion of education or training

prescribed and approved by the board secretary as follows:

(1) (A) A training program under the direct supervision of a licensed

permanent color technician and tattoo artist in a state approved by the

board secretary, or a person or school in this state designated by the board

secretary, if the application is for a permanent color technician and tattoo

artist license; or

(B) a training program under the direct supervision of a person li-

censed in a state approved by the board secretary or a person or school

in this state designated by the board secretary if the application is for a

license to perform body piercing; and

(2) if the license is applied for under either subpart (A) or (B), has

passed an examination approved, administered or recognized by the

board secretary.

Sec. 9. On July 1, 2002, K.S.A. 2000 Supp. 65-1944 is hereby

amended to read as follows: 65-1944. (a) A person who holds a license

shall notify the board secretary in writing of the regular address of the

place or places where the person performs or intends to perform tattooing

or body piercing and shall keep the license conspicuously posted in the

place of business at all times.

(b) The board secretary shall keep a record of the place or places of

business of each person who holds a license.

(c) Any notice required to be given by the board secretary to a person

who holds a license may be given by mailing the notice to the address of

the last place of business of which the person has notified the board

secretary.

(d) The board secretary shall issue to each qualified applicant a li-

cense to operate a tattoo facility or a body piercing facility and to advertise

permanent tattooing or body piercing services for which the facility is

licensed.

Sec. 10. On July 1, 2002, K.S.A. 2000 Supp. 65-1945 is hereby

amended to read as follows: 65-1945. (a) Except as otherwise provided

in this section, a license issued under K.S.A. 2000 Supp. 65-1950 expires

one year after the date of issue unless renewed by payment of the re-

quired renewal fee. The board secretary may vary the date of license

renewal by giving to the applicant written notice of the renewal date being

assigned and by making prorated adjustments in the renewal fee. If pay-

ment is transmitted by postal service, the envelope must be postmarked

on or before the expiration of the license. If the license expires, the license

may be renewed on payment of a renewal fee and late penalty fee estab-

lished by the board secretary under this act.

(b) The board secretary may suspend the license of any person who

fails to renew. A suspended license may be reactivated upon the payment

of a reactivation fee established by the board secretary under this act and

all past unpaid renewal fees.

(c) A person applying for reactivation shall not be required to take

an examination as a condition of reactivation if the reactivation occurs

within three years after the date the license expired.

(d) All permanent color technicians, tattoo artists and persons who

are licensed to perform body piercing must participate in continuing ed-

ucation, with guidelines and effective date to be established by rules and

regulations of the board secretary.

Sec. 11. On July 1, 2002, K.S.A. 2000 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 per-

form body piercing shall meet the following standards and any others the

board secretary 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 secretary;

(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. 12. On July 1, 2002, K.S.A. 2000 Supp. 65-1947 is hereby

amended to read as follows: 65-1947. The board secretary may revoke,

suspend, refuse to issue a license or renewal or place on probation any

licensee upon proof that a person or licensee:

(a) Has been convicted of a violation under K.S.A. 2000 Supp. 65-

1942;

(b) has been convicted in this or any other state of a crime related to

the practice of tattooing or body piercing;

(c) has knowingly misrepresented, misstated or failed to disclose per-

sonal qualifications or other information necessary to practice tattooing

or body piercing in any communication to the board secretary or the

department;

(d) has used, caused or promoted the use of any advertising matter,

promotional literature, warranty, label, insignia or any other representa-

tion, however disseminated or published, that is false, misleading or de-

ceptive;

(e) has knowingly deceived the public by acting in a manner as to

mislead clients as to the person's professional status;

(f) has employed directly or indirectly any suspended or unlicensed

person to perform any tattooing or body piercing covered by this act;

(g) has permitted another person to use the license;

(h) has practiced tattooing or body piercing under a false, misleading

or deceptive name;

(i) has failed, if a licensed permanent color technician and tattoo artist

or if licensed to perform body piercing, to maintain a business address

and telephone number at which the licensee may be reached during busi-

ness hours;

(j) has failed, if a nonpracticing permanent color technician and tattoo

artist or a person licensed to perform body piercing, to provide the board

secretary with a home address and telephone number;

(k) has failed to properly and reasonably accept responsibility for the

actions of employees;

(l) has practiced tattooing or body piercing with a mental or physical

illness that affects ability to perform or endangers the public;

(m) has demonstrated gross incompetence in performing tattooing or

body piercing; or

(n) has violated any of the provisions of this act or rules and regula-

tions adopted by the board secretary pursuant to this act.

Sec. 13. On July 1, 2002, K.S.A. 2000 Supp. 65-1948 is hereby

amended to read as follows: 65-1948. The powers and duties of the board

secretary as related to this act are as follows:

(a) To authorize all disbursements necessary to carry out the provi-

sions of this act;

(b) to determine training and experience requirements for taking the

examination and to supervise and administer examinations to test the

knowledge of applicants for licensure;

(c) to license persons who apply to the board secretary and who have

qualified to practice tattooing or body piercing;

(d) to rent facilities when necessary to carry out the examination of

applicants for licensure;

(e) to renew licenses;

(f) to suspend or revoke licenses or place licensees on probation in

the manner provided by this act;

(g) to appoint representatives to conduct or supervise the examina-

tion of applicants for licensure;

(h) to designate the time and place for examining applicants for li-

censure;

(i) to carry out, together with the department or separately, the pe-

riodic inspection of facilities of persons who are licensed to practice tat-

tooing or body piercing and to enter into contracts for the performance

of such inspections;

(j) to issue a tattoo facility license to qualified applicants upon com-

pliance with this act;

(k) to issue a body piercing facility license to qualified applicants upon

compliance with this act; and

(l) to appoint or employ subordinate employees.

Sec. 14. On July 1, 2002, K.S.A. 2000 Supp. 65-1949 is hereby

amended to read as follows: 65-1949. (a) The board secretary shall adopt

rules and regulations to prescribe education and training standards for

the practice of tattooing and separate education and training standards

for the licensure of body piercing.

(b) An applicant seeking licensure as a permanent color technician

and tattoo artist or to be licensed to perform body piercing shall be re-

quired to demonstrate safety, sanitation and sterilization techniques by

means of an inspection conducted by the board secretary to test the ap-

plicant's knowledge of infection control practices and requirements.

Sec. 15. On July 1, 2002, K.S.A. 2000 Supp. 65-1950 is hereby

amended to read as follows: 65-1950. (a) The board secretary shall assess,

by rules and regulations adopted by the board secretary, the following

fees and any other fees necessary to carry out the provisions of this act:

(1) Application fee;

(2) examination fees;

(3) reexamination fees;

(4) reciprocity fee;

(5) license fee;

(6) license renewal fee, active and inactive;

(7) late fee;

(8) reactivation fee;

(9) duplicate license fee;

(10) demonstration permit;

(11) tattoo facility fee and renewal fee, active or inactive; and

(12) body piercing facility fee renewal fee.

(b) The board secretary shall license each applicant, without discrim-

ination, who proves to the satisfaction of the board secretary, fitness for

such licensure as required by this act and upon payment of a fee estab-

lished by the board secretary under this section. Except as provided in

K.S.A. 2000 Supp. 65-1945, the board secretary shall issue to the appli-

cant a license that expires one year after the date of issuance.

(c) An applicant who is employed as a permanent color technician

and tattoo artist on the day immediately preceding the effective date of

this act shall be licensed by the board secretary, even though the applicant

does not meet the training requirements of this act, so long as the appli-

cant successfully passes an examination required by the board secretary.

(d) The board secretary shall establish all fees under this act. The

fees and charges established under this section shall not exceed the cost

of administering the regulatory program under this act pertaining to the

purpose for which the fee or charge is established.

Sec. 16. On July 1, 2002, K.S.A. 2000 Supp. 65-1951 is hereby

amended to read as follows: 65-1951. The board, the director secretary

or a person authorized by the board secretary shall remit all moneys

received by or for it from fees, charges or penalties under the provisions

of K.S.A. 2000 Supp. 65-1940 through 65-1954, and amendments thereto,

to the state treasurer at least monthly. Upon receipt of any such remit-

tance the state treasurer shall deposit the entire amount thereof in the

state treasury. Twenty percent of each such deposit shall be credited to

the state general fund and the balance shall be credited to the cosmetol-

ogy tattoo and body piercing fee fund.

Sec. 17. On July 1, 2002, K.S.A. 2000 Supp. 65-1954 is hereby

amended to read as follows: 65-1954. (a) The board secretary, in addition

to any other penalty prescribed under the act governing permanent color

technicians and tattoo artists, may assess civil fines and costs, including

attorney fees, after proper notice and an opportunity to be heard, against

any person or entity for a violation of the statutes, rules and regulations

or orders enforceable by the board secretary in an amount not to exceed

$5,000 for the first violation, $10,000 for the second violation and $15,000

for the third violation and for each subsequent violation.

(b) In determining the amount of penalty to be assessed pursuant to

this section, the board secretary may consider the following factors among

others: (1) Willfulness of the violation; (2) repetitions of the violation; and

(3) magnitude of the risk of harm caused by the violation.

(c) In addition to a civil penalty and costs, the board secretary may

assess investigation and hearing costs against a licensee for proceedings

which have resulted in a successful action by the board secretary against

the license of the licensee under K.S.A. 2000 Supp. 65-1947 and amend-

ments thereto.

(d) All civil fines assessed and collected under this section shall be

remitted to the state treasurer at least monthly and shall be deposited in

the state treasury and credited to the state general fund. All costs assessed

under this section shall be remitted to the state treasurer at least monthly

and shall be deposited in the state treasury and credited to the cosme-

tology tattoo and body piercing fee fund.

New Sec. 18. (a) On July 1, 2002, all of the powers, duties and func-

tions of the state board of cosmetology and the position of executive

director thereof which relate to the administration of the provisions of

K.S.A. 2000 Supp. 65-1940 through 65-1954, and amendments thereto,

are hereby transferred to and imposed upon the secretary of health and

environment.

(b) On and after July 1, 2002, whenever the state board of cosme-

tology or the executive director thereof are referred to or designated by

this act, any other statute, rules and regulations, contract or other docu-

ment, with reference to the administration of the provisions of K.S.A.

2000 Supp. 65-1940 through 65-1954, and amendments thereto, such

reference or designation shall apply to the secretary of health and envi-

ronment.

(c) All rules and regulations of the state board of cosmetology in ex-

istence on July 1, 2002, which relate to the administration of the provi-

sions of K.S.A. 2000 Supp. 65-1940 through 65-1954, and amendments

thereto, shall continue to be effective and shall be deemed to be duly

adopted rules and regulations of the secretary of health and environment

under this act until revised, amended, revoked or nullified pursuant to

law.

(d) All orders and directives of the state board of cosmetology in

existence on July 1, 2002, which relate to the administration of the pro-

visions of K.S.A. 2000 Supp. 65-1940 through 65-1954, and amendments

thereto, shall continue to be effective and shall be deemed to be orders

and directives of the secretary of health and environment under this act

until revised, amended, or nullified pursuant to law.

(e) On July 1, 2002, all books, records and other property of the state

board of cosmetology which relate to the administration of the provisions

of K.S.A. 2000 Supp. 65-1940 through 65-1954, and amendments thereto,

are hereby transferred to the secretary of health and environment.

(f) On July 1, 2002, officers and employees who immediately prior to

the effective date of this act were engaged in the exercise and perform-

ance of the powers, duties and functions which relate to the administra-

tion of the provisions of K.S.A. 2000 Supp. 65-1940 through 65-1954, and

amendments thereto, and who, in the opinion of the secretary of health

and environment, are necessary to perform the powers, duties and func-

tions transferred under this section shall become officers and employees

of the department of health and environment. Any such officer or em-

ployee shall retain all retirement benefits and all rights of civil service

which had accrued to or vested in such officer or employee prior to the

effective date of this act. The service of each such officer and employee

so transferred shall be deemed to have been continuous. All transfers and

any abolition of personnel positions in the classified service under the

Kansas civil service act shall be in accordance with civil service laws and

any rules and regulations adopted thereunder.

(g) Whenever any conflict arises as to the proper disposition of any

property or records as a result of any abolishment and transfer made

under this act, or under authority of this act, such conflict shall be resolved

by the governor, and the decision of the governor shall be final.

Sec. 19. On July 1, 2002, K.S.A. 2000 Supp. 74-2701 is hereby

amended to read as follows: 74-2701. (a) There is hereby created the

Kansas state board of cosmetology, which shall be composed of seven six

members, appointed by the governor, to regulate the practice of the pro-

fession of cosmetology in Kansas. Subject to the provisions of K.S.A. 75-

4315c and amendments thereto, a member shall be appointed from each

congressional district and the remainder from the state at large. Not more

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

shall be licensed cosmetologists; one member shall be a licensed per-

manent color technician and tattoo artist or a licensed body piercer; and

two members shall represent the general public interest, except that no

manufacturer, wholesaler or retailer of cosmetic supplies or equipment

used by the profession of cosmetology, or any representative of such man-

ufacturer, 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. 20. K.S.A. 2000 Supp. 65-1904, 65-1940, 65-1941, 65-1942, 65-

1952 and 65-1953 are hereby repealed.

Sec. 21. On July 1, 2002, K.S.A. 2000 Supp. 65-1940, as amended by

section 1 of this act, 65-1941, as amended by section 2 of this act, 65-

1943, 65-1944, 65-1945, 65-1946, 65-1947, 65-1948, 65-1949, 65-1950,

65-1951, 65-1954 and 74-2701 are hereby repealed.

Sec. 22. This act shall take effect and be in force from and after its

publication in the Kansas register.

Approved May 21, 2000.

Published in the Kansas Register May 24, 2000.


__________




Date Composed: 09/25/2001 Date Modified: 09/25/2001