History: L. 1913, ch. 292, § 1; R.S. 1923, 65-1801; Repealed, L. 1939, ch. 241, § 20; July 1.
History: L. 1913, ch. 292, § 6; R.S. 1923, 65-1802; Repealed, L. 1939, ch. 241, § 20; July 1.
History: L. 1913, ch. 292, § 7; R.S. 1923, 65-1803; L. 1927, ch. 244, § 1; L. 1933, ch. 224, § 1; Repealed, L. 1939, ch. 241, § 20; July 1.
History: L. 1913, ch. 292, § 8; R.S. 1923, 65-1804; L. 1927, ch. 244, § 2; L. 1933, ch. 224, § 2; Repealed, L. 1939, ch. 241, § 20; July 1.
History: L. 1913, ch. 292, § 9; R.S. 1923, 65-1805; Repealed, L. 1939, ch. 241, § 20; July 1.
History: L. 1913, ch. 292, § 10; R.S. 1923, 65-1806; L. 1927, ch. 244, § 3; Repealed, L. 1939, ch. 241, § 20; July 1.
History: L. 1913, ch. 292, § 11; R.S. 1923, 65-1807; Repealed, L. 1939, ch. 241, § 20; July 1.
History: L. 1939, ch. 241, § 1; L. 1970, ch. 255, § 1; L. 1981, ch. 248, § 1; July 1.
(a) "Board" means the Kansas board of barbering;
(b) "administrative officer" means the administrative officer of the board;
(c) "license" means a license entitling the person to whom issued to practice barbering, or to operate a barber school, barber college or barber shop;
(d) "barber shop" means any place, shop or establishment, wherein the practice of barbering is engaged in or carried on;
(e) "barber school" or "barber college" means any place or establishment wherein the practice, fundamentals, theories or practical applications of barbering are taught;
(f) "barbering" means any one or any combinations of the following practices (when done upon the upper part of the human body for cosmetic purposes and not for the purpose of diseases or physical or mental ailments, and when done for payment, either directly or indirectly, or without payment, for the public generally, upon male or female): Shaving or trimming the beard or cutting the hair; giving facial or scalp massages or treatments with oils, creams, lotions or other preparations, either by hand or mechanical appliances, singeing, shampooing or dyeing, arranging, perming or waving the hair, or applying tonics; applying cosmetic preparations, antiseptic powders, oils, clays, or lotions to the scalp, face, neck or upper part of the body.
History: L. 1939, ch. 241, § 2; L. 1990, ch. 225, § 2; July 1.
(1) The school or college requires, as a prerequisite to graduation, a course of instruction of not less than 1,500 hours to be completed within 18 months of not more than eight hours in any one working day;
(2) the course of instruction required by the school or college includes scientific fundamentals of barbering; hygiene; histology of the hair and skin; structure of the head, face and neck; elementary chemistry relating to sterilization and antiseptics; massages and manipulations of the muscles of the scalp, skin and neck; cutting, shaving, arranging, perming, waving, curling, coloring, bleaching, tinting and dyeing the hair; and barbering practices for all major ethnic groups residing in the state;
(3) all instructors of the school or college have been licensed practicing barbers for not less than three years and hold instructors licenses; and
(4) no practice or policy of discrimination is in effect against applicants for admission to the school or college by reason of race, religion, color, national origin or ancestry.
(b) An instructors license shall be granted by the board only after the applicant has passed a two-part examination, prescribed by the board for such purpose, with a grade of not less than 75% on each part of the examination, and has paid the prescribed fee for such examination.
(c) Every barber school and every barber college shall designate to the public that it is a barber school or barber college by posting a sign on the front window or entrance with letters not less than six inches in height.
(d) No barber school or barber college shall enroll or admit any student thereto unless such student shall make and file in duplicate an application upon a form prescribed and furnished by the board. One copy of such application shall be retained by the school or college, and the school or college shall file the other with the board. Upon enrollment, a student shall pay to the board the fee prescribed for a student learning license. Such license shall be used by the student while enrolled in the school or college and shall be placed next to or near the working area of the student.
(e) No barber school or barber college shall enroll or admit any student to a postgraduate course for the purpose of qualifying persons to pass the examination conducted by the board to determine fitness to practice barbering.
(f) It shall be unlawful for any person, firm or corporation to operate a barber school or barber college without first obtaining a license from the board, fully complying with the provisions of this act and paying an annual fee for the operation thereof.
History: L. 1939, ch. 241, § 3; L. 1961, ch. 288, § 1; L. 1965, ch. 380, § 1; L. 1970, ch. 255, § 2; L. 1980, ch. 190, § 1; L. 1982, ch. 265, § 1; L. 1988, ch. 249, § 1; L. 1990, ch. 225, § 3; July 1.
History: L. 1939, ch. 241, § 4; L. 1961, ch. 288, § 2; L. 1970, ch. 255, § 3; L. 1976, ch. 272, § 1; L. 1980, ch. 190, § 2; Repealed, L. 1981, ch. 248, § 9; July 1.
(1) Is at least 16 years of age and of good moral character and temperate habits;
(2) has graduated from a high school accredited by the appropriate accrediting agency or has otherwise obtained the equivalent of a high school education;
(3) is a graduate of a barber school or barber college approved by the board or has satisfactorily completed the barber course at an institution under the control of the secretary of corrections or the disciplinary barracks at Fort Leavenworth;
(4) has paid an examination fee and has passed the examination conducted by the board to determine the fitness of such person to practice barbering.
(b) Any person who fails to pass an examination conducted by the board to determine such person's fitness to practice barbering shall be entitled to take the next examination conducted by the board.
(c) The board may issue a temporary license to practice barbering to any person who has graduated from an approved barber school or barber college and who makes application to take the next examination for licensure to practice barbering. Such license shall be effective only until the results of the examination are announced. No more than three temporary licenses shall be issued to any one person.
History: L. 1939, ch. 241, § 5; L. 1965, ch. 380, § 2; L. 1970, ch. 255, § 4; L. 1976, ch. 272, § 3; L. 1978, ch. 244, § 1; L. 1980, ch. 190, § 3; L. 1981, ch. 248, § 2; L. 1982, ch. 265, § 2; L. 1990, ch. 225, § 4; L. 1990, ch. 309, § 36; July 1.
(1) Is at least 18 years of age;
(2) is of good moral character and temperate habits; and
(3) is legally authorized to practice barbering in another state, territory or country which has substantially the same requirements for authorization to practice as required for licensure under this act and which grants reciprocal authorization to barbers licensed in this state as required by subsection (b).
(b) A license shall be issued pursuant to this section only if the state, territory or country in which the person is authorized to practice barbering grants, under like conditions and without examination, reciprocal authorization to barbers licensed in this state.
(c) No license shall be issued to any person without examination unless such person meets all requirements of this section.
History: L. 1939, ch. 241, § 6; L. 1980, ch. 190, § 4; L. 1982, ch. 265, § 3; L. 1990, ch. 225, § 5; July 1.
History: L. 1939, ch. 241, § 7; L. 1961, ch. 288, § 3; L. 1974, ch. 253, § 3; L. 1976, ch. 272, § 2; L. 1981, ch. 248, § 3; L. 1982, ch. 265, § 4; April 29.
History: L. 1939, ch. 241, § 8; L. 1961, ch. 288, § 4; L. 1974, ch. 253, § 1; L. 1981, ch. 248, § 4; L. 1982, ch. 265, § 5; L. 1990, ch. 225, § 6; July 1.
History: L. 1939, ch. 241, § 9; July 1.
(b) After fixing such fees, the board may charge and collect the
fees, in advance for the following purposes, subject to the following
limitations:
For examination of applicant to practice barbering--not
more than................. $100
For issuance of license to practice barbering--not more
than................. 80
For renewal of license to practice barbering--not more
than................. 80
For restoration of expired license to practice barbering, if expiration
period is under three years, the lapsed fees plus a restoration fee of not more
than................. 100
After three years applicant shall be reexamined upon payment of the
regular examination fee--not more than................. 100
For instructors license or annual renewal
thereof--not more than................. 90
For restoration of expired instructors license, if expiration period is
under three years, the lapsed fees plus a restoration fee of not more
than................. 90
After three years the instructor shall be reexamined upon payment of the
regular examination fee--not more than................. 170
For a license to operate a barber school or barber college, annual fee
--not more than................. 500
For shop inspection, and annual license fee--not
more than................. 40
For restoration of expired shop license, if expiration period is under
three years, the lapsed fee plus a restoration fee of not more
than................. 80
For a new shop, relocation or change of ownership--not
more than................. 80
For issuance of a seminar permit--not more than................. 80
For issuance of student learning license--not more than................. 55
(c) A duplicate license will be issued upon the filing of a statement covering the loss of same and the payment of a fee of $5 for the issuance of same. Each duplicate shall have the word "duplicate" stamped across the face thereof and will bear the same number as the original.
History: L. 1939, ch. 241, § 10; L. 1949, ch. 333, § 1; L. 1956, ch. 52, § 11; L. 1957, ch. 431, § 8; L. 1958, ch. 53, § 1 (Budget Session); L. 1961, ch. 288, § 5; L. 1963, ch. 398, § 12; L. 1970, ch. 255, § 5; L. 1973, ch. 309, § 18; L. 1974, ch. 253, § 2; L. 1975, ch. 321, § 1; L. 1980, ch. 191, § 1; L. 1981, ch. 248, § 5; L. 1982, ch. 265, § 6; L. 1990, ch. 225, § 7; L. 2003, ch. 36, § 1; July 1.
History: L. 1973, ch. 309, § 19; L. 1990, ch. 225, § 8; L. 2001, ch. 5, § 231; July 1.
History: L. 1939, ch. 241, § 11; L. 1990, ch. 225, § 9; L. 1992, ch. 112, § 1; July 1.
(b) A barber whose license has been expired for a period of less than three years may have the license renewed immediately upon payment of the required restoration fee. Any barber whose license has been expired for a period of three or more years, may renew the license after a successful reexamination by the board and upon the payment of the required examination and license fees.
History: L. 1939, ch. 241, § 12; L. 1961, ch. 288, § 6; L. 1978, ch. 245, § 1; L. 1981, ch. 248, § 6; L. 1990, ch. 225, § 10; L. 1992, ch. 112, § 2; July 1.
History: L. 1939, ch. 241, § 13; L. 1970, ch. 255, § 6; L. 1981, ch. 248, § 7; L. 1982, ch. 265, § 7; L. 1984, ch. 313, § 112; L. 1989, ch. 195, § 2; Repealed, L. 1991, ch. 191, § 4; July 1.
(b) The board may refuse to issue, renew, suspend or revoke a license for any one or combination of the following reasons:
(1) Malpractice or incompetency;
(2) when an applicant or a licensed barber is or becomes afflicted with an infectious or communicable disease;
(3) advertising by knowingly false or deceptive statements;
(4) advertising, practicing or attempting to practice under a trade name other than one's own;
(5) habitual drunkenness or habitual addiction to habit-forming drugs;
(6) unprofessional conduct;
(7) obtaining or attempting to obtain a license for money other than the required fee, or for any other thing of value or by fraudulent misrepresentations;
(8) the willful failure to display a license to practice barbering as required by K.S.A. 65-1818, and amendments thereto;
(9) practicing or attempting to practice barbering by fraudulent misrepresentations;
(10) the violation of any of the sanitation standards adopted by the secretary of health and environment pursuant to K.S.A. 65-1,148 and amendments thereto for the regulation of barber shops, barber schools and barber colleges; or
(11) the violation of rules and regulations of the board concerning the operation or management of a barber shop, barber school or barber college.
History: L. 1939, ch. 241, § 13; L. 1970, ch. 255, § 6; L. 1981, ch. 248, § 7; L. 1982, ch. 265, § 7; L. 1984, ch. 313, § 112; L. 1990, ch. 225, § 11; L. 1991, ch. 191, § 1; L. 1992, ch. 112, § 3; July 1.
When a license has been refused, suspended or revoked, the person aggrieved thereby may apply for reinstatement, and such reinstatement shall be granted by the board upon showing that the reason therefor no longer exists.
History: L. 1939, ch. 241, § 14; L. 1988, ch. 356, § 200; L. 1990, ch. 225, § 12; L. 1992, ch. 112, § 4; July 1.
History: L. 1939, ch. 241, § 15; L. 1990, ch. 225, § 13; July 1.
History: L. 1941, ch. 298, § 1; L. 1990, ch. 225, § 14; Repealed, L. 1992, ch. 112, § 8; July 1.
(a) To supervise and regulate the barbering industry in this state. Nothing contained in this act shall be construed to abrogate, affect the status, force or operation of any provision of the general laws of this state relating to public health or any lawful rule, regulation or order promulgated thereunder, the law regulating the practice of barbering or any local health ordinance or regulation.
(b) To investigate all matters pertaining to the proper supervision and control of barber shops and the practice of barbering in this state.
(c) To subpoena barber shop owners, operators, managers or employees, their books and accounts, and other persons from whom such information may be desired, to carry out the purposes and intent of this act, and may issue commissions to take depositions from witnesses absent from the state. Any member of the board may sign and issue subpoenas and administer oaths to witnesses.
(d) To act as mediator and arbitrator in any controversy or issue that may arise among or between barbers as individuals or that may arise between them as groups. Nothing herein contained shall be construed as authorizing any interference with the authority of the state department of labor or the United States department of labor.
The operation and effect of any provisions of this act which confer a general power upon the board shall not be impaired or qualified because a specific power has been granted to the board by this act.
History: L. 1941, ch. 298, § 2; L. 1990, ch. 225, § 15; L. 2004, ch. 179, § 89; July 1.
History: L. 1941, ch. 298, § 3; L. 1965, ch. 506, § 31; L. 1980, ch. 190, § 5; L. 1984, ch. 313, § 113; L. 1988, ch. 366, § 17; L. 1989, ch. 195, § 3; Repealed, L. 1991, ch. 191, § 4; July 1.
(b) The board shall furnish a copy of the sanitation standards adopted pursuant to K.S.A. 65-1,148 and amendments thereto to each person to whom a license is granted and a copy shall be posted in a conspicuous place in each barber shop, barber school and barber college by the manager thereof.
History: L. 1941, ch. 298, § 3; L. 1965, ch. 506, § 31; L. 1980, ch. 190, § 5; L. 1984, ch. 313, § 113; L. 1988, ch. 366, § 17; L. 1990, ch. 225, § 16; L. 1991, ch. 191, § 2; L. 1992, ch. 112, § 5; July 1.
Each person who serves a subpoena shall receive the same fees as a sheriff, and each witness who appears in obedience to a subpoena, shall receive for attendance the fees and mileage provided by law for witnesses in civil cases in the district courts of this state. Such fees and mileage shall be paid by the board in the same manner as other expenses are paid by the board. No witness subpoenaed at the instance of a party other than the board or one of its members, or its administrative officer, shall be entitled to fees and mileage unless the board shall certify that the witness' testimony was material to the matter investigated.
History: L. 1941, ch. 298, § 4; L. 1984, ch. 313, § 114; L. 1990, ch. 225, § 17; L. 1992, ch. 112, § 6; July 1.
History: L. 1941, ch. 298, § 5; July 1.
(b) The board may institute such actions in the courts of competent jurisdiction as may appear necessary to enforce compliance with any provision of this act.
(c) The board may obtain enforcement of its rules and regulations or any subpoena or other order of the board in accordance with the act for judicial review and civil enforcement of agency actions and may obtain enforcement of any sanitation standards adopted by the secretary of health and environment pursuant to K.S.A. 65-1,148 as if such standards were rules and regulations of the board.
History: L. 1941, ch. 298, § 6; L. 1989, ch. 195, § 4; July 1.
History: L. 1941, ch. 298, § 7; L. 1984, ch. 313, § 115; Repealed, L. 1992, ch. 112, § 8; July 1.
History: L. 1941, ch. 298, § 8; L. 1970, ch. 255, § 7; Repealed, L. 1978, ch. 246, § 1; July 1.
History: L. 1941, ch. 298, § 9; L. 1990, ch. 225, § 18; July 1.
History: L. 1941, ch. 298, § 10; L. 1973, ch. 309, § 20; L. 1990, ch. 225, § 19; July 1.
History: L. 1941, ch. 298, § 11; July 1.
History: L. 1941, ch. 298, § 12; July 1.
History: L. 1992, ch. 112, § 7; July 1.