(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 compensation.
(d) (1) "Cosmetology" means the profession of:
(A) Arranging, dressing, permanently curling, curling, waving, cleansing, temporarily or permanently coloring, bleaching, relaxing, conditioning or cutting the hair;
(B) cleansing, stimulating or performing any other noninvasive beautifying 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;
(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.
(2) "Cosmetology" shall not include a service that results in tension on hair strands or roots by twisting, wrapping, weaving, extending, locking, or braiding by hand or mechanical device so long as the service does not include the application of dyes, reactive chemicals or other preparations to alter the color of the hair or to straighten, curl or alter the structure of the hair and so long as the requirements of K.S.A. 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;
(2) cleansing, stimulating or performing any other noninvasive beautifying 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;
(3) removing superfluous hair from the face or body, using either the hands or mechanical or electrical appliances other than electric needles; 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:
(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, association or other entity.
(j) "Instructor-in-training" means a person who is a licensed cosmetologist and has met the board's training requirements for obtaining an instructor-in-training permit.
History: L. 1927, ch. 245, § 1; L. 1943, ch. 222, § 1; L. 1975, ch. 322, § 1; L. 1983, ch. 212, § 1; L. 1984, ch. 231, § 1; L. 1987, ch. 238, § 1; L. 1992, ch. 108, § 1; L. 1995, ch. 120, § 1; L. 1998, ch. 160, § 1; L. 2000, ch. 109, § 1; L. 2002, ch. 187, § 1; July 1.
(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, esthetics, 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 electrology 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, chiropractic, optometry, nursing or dentistry, while engaged in that practice;
(3) any person who is a licensed physical therapist or certified physical 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 cosmetology technician, as such term was defined immediately prior to the effective date of this act, and may renew such license subject to the payment of fees and other conditions and limitations on the renewal of licenses 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 accordance 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 misdemeanor.
History: L. 1927, ch. 245, § 2; L. 1943, ch. 222, § 2; L. 1949, ch. 334, § 1; L. 1963, ch. 316, § 1; L. 1963, ch. 317, § 1; L. 1970, ch. 256, § 1; L. 1972, ch. 232, § 1; L. 1975, ch. 322, § 2; L. 1983, ch. 212, § 2; L. 1984, ch. 231, § 2; L. 1987, ch. 238, § 2; L. 1992, ch. 108, § 2; L. 1995, ch. 120, § 2; L. 1998, ch. 160, § 2; L. 2002, ch. 187, § 2; L. 2003, ch. 128, § 23; Apr. 1, 2004.
(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 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 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 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 teaching 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 licensed 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 instruction and practice in preparation for the profession of cosmetology. 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 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. 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 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. 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 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 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 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 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 licensed school of cosmetology shall be required to obtain a cosmetology instructor's license from the board. To qualify for a cosmetology instructor'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 and successfully completed 300 hours of instructor training 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 application fee established by K.S.A. 65-1904, and amendments thereto. A cosmetology instructor license shall be renewed every two years by furnishing satisfactory evidence that the applicant, except the first renewal period following licensure for applicants not holding a cosmetology instructor 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 nonrefundable license renewal fee established by K.S.A. 65-1904, and amendments 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 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 amendments thereto. School licenses shall be renewed before July 1 of each year by submitting an application and payment of the nonrefundable license 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.
(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 licensed 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 instruction and practice in preparation for the profession 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 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 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 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 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 principles 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 cosmetology 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 and successfully completed 300 hours of instructor training or (B) have successfully 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 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 applicants not holding a manicuring instructor license on the effective date of this act, has completed 20 clock hours of continuing education, approved by the board, in the practice of manicuring 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 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 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 licensed in the practices they teach, to provide at least one full-time 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 instruction and practice in preparation for 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 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.
(f) Any person who teaches esthetics in a licensed school of cosmetology or esthetics shall be required to obtain an esthetics instructor's license from the board, unless the person holds a valid cosmetology instructor'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 esthetician or cosmetologist for one year prior to licensure and successfully completed 300 hours of instructor training or (B) have successfully completed 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 applicants not holding an esthetics instructor license on the effective date of this act, has completed 20 clock hours of continuing education, approved 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 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 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 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 licensed in the practices they teach, to provide at least one full-time instructor for every four students. Each licensed school shall provide a course of instruction and practice in 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 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.
(h) Any person who teaches electrology in a licensed school of cosmetology or electrology shall be required to obtain an electrology instructor'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 and successfully completed 300 hours of instructor training 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 application 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 electrology 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 nonrefundable 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) 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 instructor'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 provided 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 supervision of a licensed instructor.
(6) Failure to complete the instructor curriculum or to take the required 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.
History: L. 1927, ch. 245, § 3; L. 1943, ch. 222, § 3; L. 1951, ch. 361, § 1; L. 1963, ch. 316, § 2; L. 1965, ch. 381, § 1; L. 1967, ch. 343, § 1; L. 1969, ch. 298, § 1; L. 1970, ch. 257, § 1; L. 1970, ch. 256, § 2; L. 1971, ch. 210, § 1; L. 1972, ch. 232, § 2; L. 1975, ch. 322, § 3; L. 1981, ch. 249, § 1; L. 1983, ch. 212, § 3; L. 1984, ch. 231, § 3; L. 1987, ch. 238, § 3; L. 1989, ch. 195, § 5; L. 1992, ch. 108, § 3; L. 1995, ch. 120, § 3; L. 1998, ch. 160, § 3; L. 2002, ch. 187, § 3; July 1.
(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 practice as a cosmetologist, cosmetology technician, 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 technician, esthetician, electrologist or manicurist 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 cosmetologist, 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 limitations:
Cosmetologist license application
fee, for two years--not more than.................$60
Cosmetologist license renewal fee.................60
Delinquent cosmetologist renewal
fee.................25
Cosmetology technician license renewal fee, for two
years--not more than................. 60
Delinquent cosmetology technician renewal fee.................25
Electrologist license application fee, for two
years--not more than................. 60
Electrologist license renewal fee................. 60
Delinquent electrologist renewal fee.................25
Manicurist license application fee, for two years--not more
than................. 60
Manicurist license renewal fee................. 60
Delinquent manicurist renewal fee.................25
Esthetician license application fee, for two
years--not more than................. 60
Esthetician license renewal fee................. 60
Delinquent esthetician renewal fee.................25
Any apprentice license application fee--not more than.................15
New school license application fee.................150
School license renewal fee--not more than.................75
Delinquent school license fee--not more than.................50
New cosmetology services salon or electrology clinic license
application fee--not more than................. 100
Cosmetology services salon or electrology clinic license renewal
fee--not more than................. 50
Delinquent cosmetology services salon or electrology clinic renewal fee.................30
Cosmetologist's examination--not more than................. 75
Electrologist's examination--not more than................. 75
Manicurist's examination--not more than................. 75
Esthetician examination--not more than................. 75
Instructor's examination--not more than.................75
Reciprocity application fee--not more than................. 75
Verification of licensure.................20
Any duplicate of license.................25
Instructor's license application fee, for two years--not more
than................. 100
Renewal of instructor's license fee................. 75
Delinquent instructor's renewal fee--not
more than.................75
Temporary permit fee.................15
Statutes and regulations book.................5
Instructor-in-training permit.................50
(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 collected 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, paying the nonrefundable renewal fee for the current year during which the person has been discharged and successfully completing the renewal exam.
History: L. 1927, ch. 245, § 7; L. 1933, ch. 279, § 3; L. 1943, ch. 222, § 4; L. 1945, ch. 253, § 1; L. 1949, ch. 334, § 2; L. 1951, ch. 361, § 2; L. 1963, ch. 317, § 2; L. 1970, ch. 256, § 3; L. 1975, ch. 322, § 4; L. 1980, ch. 192, § 1; L. 1983, ch. 212, § 4; L. 1987, ch. 238, § 4; L. 1995, ch. 119, § 1; L. 1995, ch. 248, § 1; L. 1997, ch. 146, § 6; L. 1998, ch. 160, § 4; L. 2001, ch. 193, § 1; L. 2002, ch. 187, § 4; July 1.
(b) Nothing herein contained shall be construed as preventing any licensed 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 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, esthetician or electrologist. Excluding services provided by a licensed cosmetologist, 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 electrologist shall be employed in a salon or clinic or in the licensed cosmetologist's, manicurist's, esthetician's or electrologist's private home or residence for at least 51% of the total hours per week employed; and shall attest by affidavit that such cosmetology, manicuring, esthetics or electrology 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 maintained 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 renewal 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.
History: L. 1943, ch. 222, § 5; L. 1945, ch. 253, § 2; L. 1949, ch. 334, § 3; L. 1963, ch. 317, § 3; L. 1970, ch. 256, § 4; L. 1975, ch. 322, § 5; L. 1987, ch. 238, § 5; L. 1998, ch. 160, § 5; L. 2000, ch. 109, § 3; L. 2002, ch. 187, § 5; July 1.
(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 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 the number of hours of training required for licensure in this state and passes the written examination administered for license renewal under subsection (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.
History: L. 1943, ch. 222, § 6; L. 1963, ch. 317, § 4; L. 1970, ch. 256, § 5; L. 1975, ch. 322, § 6; L. 1981, ch. 249, § 2; L. 1983, ch. 212, § 5; L. 1987, ch. 238, § 6; L. 1998, ch. 160, § 6; L. 2002, ch. 187, § 6; July 1.
History: L. 1943, ch. 222, § 5; L. 1945, ch. 253, § 2; L. 1949, ch. 334, § 3; L. 1963, ch. 317, § 3; L. 1970, ch. 256, § 4; L. 1975, ch. 462, § 93; Repealed, L. 1977, ch. 219, § 1; July 1.
(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 necessary qualifications to take an examination provided herein, upon application 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.
History: L. 1927, ch. 245, § 8; L. 1943, ch. 222, § 7; L. 1951, ch. 361, § 3; L. 1963, ch. 316, § 3; L. 1965, ch. 381, § 2; L. 1971, ch. 210, § 2; L. 1972, ch. 232, § 3; L. 1975, ch. 322, § 7; L. 1981, ch. 249, § 3; L. 1983, ch. 212, § 6; L. 1998, ch. 160, § 7; L. 1999, ch. 14, § 1; L. 2002, ch. 187, § 7; July 1.
History: L. 1927, ch. 245, § 8; L. 1943, ch. 222, § 7; L. 1951, ch. 361, § 3; L. 1963, ch. 316, § 3; L. 1965, ch. 381, § 2; L. 1971, ch. 210, § 2; L. 1972, ch. 232, § 3; L. 1975, ch. 322, § 7; L. 1981, ch. 249, § 3; L. 1983, ch. 284, § 4; Repealed, L. 1984, ch. 231, § 5; April 12.
(b) Each holder of a salon, clinic or school license shall display the license and most recent inspection report in a conspicuous place in the salon, clinic or school.
History: L. 1927, ch. 245, § 9; L. 1943, ch. 222, § 8; L. 1949, ch. 334, § 4; L. 1998, ch. 160, § 8; May 21.
History: L. 1927, ch. 245, § 10; L. 1961, ch. 385, § 4; L. 1975, ch. 462, § 94; L. 1987, ch. 238, § 7; L. 1989, ch. 195, § 6; L. 1995, ch. 120, § 5; L. 1998, ch. 160, § 9; May 21.
(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 sufficiently 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 provided for in this act;
(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 Columbia 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, investigations, 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 accordance with the provisions of the Kansas administrative procedure act.
History: L. 1927, ch. 245, § 11; L. 1961, ch. 385, § 5; L. 1975, ch. 322, § 8; L. 1984, ch. 313, § 116; L. 1989, ch. 195, § 7; L. 1992, ch. 108, § 4; L. 1995, ch. 119, § 2; L. 1998, ch. 160, § 10; L. 2002, ch. 187, § 8; July 1.
History: L. 1927, ch. 245, § 11; L. 1961, ch. 385, § 5; L. 1975, ch. 462, § 95; Repealed, L. 1977, ch. 219, § 1; July 1.
(1) 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 where such courses are taught 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 licensing 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.
History: L. 1927, ch. 245, § 12; L. 1949, ch. 334, § 5; L. 1975, ch. 322, § 9; L. 1987, ch. 238, § 8; L. 1989, ch. 195, § 8; L. 1998, ch. 160, § 11; L. 2002, ch. 187, § 9; July 1.
History: L. 1927, ch. 245, § 12; L. 1949, ch. 334, § 5; L. 1975, ch. 462, § 96; Repealed, L. 1977, ch. 219, § 1; July 1.
History: L. 1927, ch. 245, § 14; June 1.
History: L. 1963, ch. 316, § 5; Repealed, L. 1983, ch. 212, § 8; July 1.
(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 applicant 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 apprentice 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 apprentice 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 electrologist'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 obtaining the required number of hours.
History: L. 1983, ch. 212, § 7; L. 1984, ch. 231, § 4; L. 1987, ch. 238, § 9; L. 1992, ch. 108, § 5; L. 1995, ch. 120, § 6; L. 1998, ch. 160, § 12; L. 2002, ch. 187, § 10; July 1.
(1) "Authorized agent" means an employee of the state board of cosmetology designated by the board to enforce this act.
(2) "Board" means the state board of cosmetology.
(3) "Phototherapy device" means equipment that emits ultraviolet radiation that is used in the treatment of disease or other medical use.
(4) "Tanning device" means equipment that emits electromagnetic radiation with wavelengths in the air that is used for tanning of human skin and includes any accompanying items incidental to operation of the tanning device.
(5) "Tanning facility" means any facility, whether independent or part of a salon, health spa or any other facility, which provides access to tanning devices but shall not include private residences if access to tanning devices is provided without charge.
(b) This act does not apply to use of a phototherapy device by or under supervision of a person licensed to practice medicine and surgery.
History: L. 1992, ch. 170, § 1; July 1.
(a) Failure to use the eye protection provided to the customer by the tanning facility may result in damage to the eyes;
(b) overexposure to ultraviolet radiation causes burns;
(c) repeated exposure to ultraviolet radiation may result in premature aging of the skin and skin cancer;
(d) abnormal skin sensitivity or burning may be caused by reactions of ultraviolet radiation to certain: Foods; cosmetics; or medications, including: Tranquilizers; diuretics; antibiotics; high blood pressure medicines; or birth control pills; and
(e) any person taking a prescription or over-the-counter drug should consult a physician before using a tanning device.
History: L. 1992, ch. 170, § 2; July 1.
Repeated exposure to ultraviolet radiation may cause skin damage
characterized by wrinkling, dryness, fragility and skin cancer.
Failure to use protective eyewear may result in severe burns or permanent
injury to the eyes.
Medications or cosmetics may increase your sensitivity to ultraviolet
radiation. Consult a physician before using a tanning device if you are using
medications, have a history of skin problems or believe you are especially
sensitive to sunlight. Pregnant women or women taking oral contraceptives who
use this product may develop discolored skin.
(b) A tanning facility shall post a warning sign, one for each tanning
device, in a conspicuous location that is readily visible to a person about to
use the device. The sign shall have dimensions of not less than eight inches
by 10 inches and shall contain the following language:
1. Follow the manufacturer's instructions for use of this device.
2. Avoid too frequent or lengthy exposure. As with natural sunlight,
exposure can cause serious eye and skin injuries and allergic reactions.
Repeated exposure may cause skin cancer.
3. Wear protective eyewear. Failure to use protective eyewear may result in
severe burns or permanent damage to the eyes.
4. Do not sunbathe before or after exposure to ultraviolet radiation.
5. Medications or cosmetics may increase your sensitivity to ultraviolet
radiation. Consult a physician before using a sunlamp if you are using
medication, have a history of skin problems or believe you are especially
sensitive to sunlight. Pregnant women or women using oral contraceptives who
use this product may develop discolored skin.
History: L. 1992, ch. 170, § 3; July 1.
History: L. 1992, ch. 170, § 4; July 1.
(b) Before each use of a tanning device, the operator shall provide the
customer with protective eyewear
which meets the standards of title 21, part 1040.20 of the code of
federal regulations. The operator may
not
allow a person to use a tanning device if that person does not use the
protective eyewear. The operator shall also show each customer how to use
suitable physical aids, such as handrails and markings on the floor, to
maintain proper exposure distance as recommended by the manufacturer of the
tanning device.
(c) The tanning facility shall use a timer with an accuracy of at least plus
or minus 10% of any selected time interval. The facility shall limit the
exposure time of a user on a tanning device to the maximum exposure time
recommended by the manufacturer. The facility shall control the interior
temperature of a tanning device so that it may not exceed 100 degrees
Fahrenheit.
History: L. 1992, ch. 170, § 5; July 1.
(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 violating
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 public,
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 suspend 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 pursuant 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.
History: L. 1992, ch. 170, § 6;
L. 2002, ch. 187, § 11; July 1.
(b) The license shall be displayed in a conspicuous place in the tanning
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
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 received
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.
History: L. 1992, ch. 170, § 7;
L. 2001, ch. 5, § 232;
L. 2002, ch. 187, § 12; July 1.
History: L. 1992, ch. 170, § 8;
L. 2002, ch. 187, § 13; July 1.
History: L. 2000, ch. 109, § 2; July 1.
(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 licensing 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.
History: L. 2002, ch. 187, § 14; July 1.
(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 through the
human body, except
puncturing the external part of the human earlobe 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) "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 subcutaneous 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 conducted.
(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.
L. 1996, ch. 138, § 1;
L. 2001, ch. 193, § 2; May 24.
(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. 65-1940 to 65-1954, inclusive, and amendments
thereto from practicing
body piercing, tattooing or permanent 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. 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. 65-1940 to 65-1954, inclusive, and
amendments thereto.
History: L. 1996, ch. 138, § 2;
L. 2001, ch. 193, § 3; May 24.
(1) Sell, barter or offer to sell or barter a license;
(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;
(3) alter materially a license with fraudulent intent;
(4) use or attempt to use as a valid license a license
which has been
purchased, fraudulently obtained, counterfeited or materially altered; or
(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.
History: L. 1996, ch. 138, § 3;
L. 2001, ch. 193, § 4; May 24.
(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 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,
or a person or school in this state designated by the board, 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 licensed in
a state approved by the board or a person or school in this state designated
by the board 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.
History: L. 1996, ch. 138, § 4; Jan. 1, 1997.
(b) The board 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 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.
(d) The board shall issue to each qualified applicant a license 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.
History: L. 1996, ch. 138, § 5; Jan. 1, 1997.
(b) The board 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 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 education, with guidelines and effective date to be established by
rules and regulations of the board.
History: L. 1996, ch. 138, § 6; Jan. 1, 1997.
(a) Permanent color technicians and tattoo artists, persons performing body
piercing, tattoo facilities and body piercing facilities 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 persons
licensed to perform body piercing shall be
equipped with appropriate 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.
History: L. 1996, ch. 138, § 7;
L. 2002, ch. 187, § 15; July 1.
(a) Has been convicted of a violation under K.S.A. 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 personal
qualifications or other information necessary to practice tattooing or body
piercing in any communication to the board or the department;
(d) has used, caused or promoted the use of any advertising matter,
promotional literature, warranty, label, insignia or any other representation,
however disseminated or published, that is false, misleading or deceptive;
(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 business 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 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 regulations
adopted by the board pursuant to this act.
History: L. 1996, ch. 138, § 8; Jan. 1, 1997.
(a) To authorize all disbursements necessary to carry out the provisions 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 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 examination of
applicants for licensure;
(h) to designate the time and place for examining applicants for licensure;
(i) to carry out, together with the department or separately, the periodic
inspection of facilities of persons who are licensed to practice tattooing or
body piercing;
(j) to issue a tattoo facility license to qualified applicants upon
compliance 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.
History: L. 1996, ch. 138, § 9; Jan. 1, 1997.
(b) An applicant seeking licensure as a permanent color technician and
tattoo artist or to be licensed to perform body piercing shall be required to
demonstrate safety, sanitation and
sterilization techniques by means of an inspection conducted by the board
to test the applicant's knowledge of infection control practices and
requirements.
History: L. 1996, ch. 138, § 10; Jan. 1, 1997.
(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 shall license each applicant, without discrimination, who
proves to the satisfaction of the board, fitness for such licensure as
required by this act and upon payment of a fee established by the board
under this section. Except as provided in K.S.A. 65-1945, the board
shall
issue to the applicant 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, even though the applicant does not meet the training requirements of
this act, so long as the applicant successfully passes an examination required
by the board.
(d) The board 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.
History: L. 1996, ch. 138, § 11; Jan. 1, 1997.
History: L. 1996, ch. 138, § 12;
L. 2001, ch. 5, § 233; July 1.
History: L. 1996, ch. 138, § 13;
Repealed, L. 2001, ch. 193, § 20; May 24.
History: L. 1996, ch. 138, § 14;
L. 2001, ch. 193, § 5; May 24.
(b) In determining the amount of penalty to be assessed pursuant to this
section, the board 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 may assess
investigation
and hearing costs against a licensee
for proceedings which have resulted in a successful action
by the board against the license of the licensee under K.S.A. 65-1947, and
amendments
thereto.
(d) All civil fines assessed and
collected under this section shall be remitted 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 state treasury to
the credit of the state general fund. All costs assessed under this section
shall be
remitted 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 state treasury to the credit of the cosmetology fee fund.
History: L. 1996, ch. 138, § 15;
L. 2001, ch. 5, § 234; July 1.
History: L. 2001, ch. 193, § 18;
Repealed, L. 2002, ch. 187, § 19; July 1.