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AN ACT relating to cosmetologists; concerning continuing education
  hours required for renewal of cosmetologist licenses; amending K.S.A.
  1996 Supp. 65-1904 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
  Section 1.  K.S.A. 1996 Supp. 65-1904 is hereby amended to read as
follows: 65-1904. (a) Unless revoked for cause, all licenses of cosmetol-
ogists, cosmetology technicians, electrologists and manicurists 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 license, other than the
three-year senior cosmetologist license, shall be renewable on a biennial
basis upon the filing of a renewal application prior to the expiration of
the license, payment of the renewal fee established under this section
and, except for an apprentice license, cosmetologist license and the senior
cosmetologist license, for licenses renewed on and after July 1, 1996,
furnishing evidence satisfactory to the board of the completion of a min-
imum of 20 clock hours biennially of continuing education approved by
the board in the license category in which the licensee holds a license or
if the licensee holds a license in more than one category, in the category
specified by rules and regulations of the board for licensees holding more
than one license. Applicants for renewal of a cosmetologist license shall
furnish with the biennial renewal application evidence satisfactory to the
board of the completion of five clock hours annually of continuing edu-
cation approved by the board. In order to provide for the establishment
of a system of biennial renewal of licenses issued by the board, the board
may provide by rules and regulations that licenses issued or renewed may
expire less than two years from the date of issuance or renewal. In each
case in which a license is issued or renewed for a period of time of less
than two years, the board shall prorate to the nearest whole month the
license or renewal fee established under this section.
  (b)  Any cosmetologist's, cosmetology technician's, esthetician's, elec-
trologist's or manicurist's license may be renewed by the applicant within
90 days 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, elec-
trologist or manicurist, including the completion of any applicable con-
tinuing education requirements and payment of the applicable renewal
fee and delinquent fee prescribed pursuant to this section. Any applicant
whose license as a cosmetologist, cosmetology technician, electrologist or
manicurist has expired for more than one year prior to application for
renewal may obtain a license in the same manner and on payment of the
same fees as provided for an applicant for an original license on and after
July 1, 1996, and upon proof that such applicant has satisfactorily com-
pleted a program of continuing education required by the board for ap-
plicants whose licenses have expired.
  (c)  At the time of application for license renewal, a cosmetologist
licensed in this state may apply to the board and qualify for a three-year
senior cosmetologist license by:
  (1)  Paying the fee required by this section;
  (2)  showing evidence satisfactory to the board of having been actually
employed in a licensed salon or licensed school for not less than 120 days
during the preceding three years;
  (3)  on and after July 1, 1996, furnishing evidence satisfactory to the
board of the completion of a minimum of 30 15 clock hours triennially
of continuing education approved by the board; and
  (4)  furnishing evidence satisfactory to the board of attendance of 40
clock hours of courses of instruction in cosmetology approved by the
board.
  (d)  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 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, elec-
trologist or manicurist.
  (e) (1)  Except as otherwise provided in this section, the board shall
require every licensee in the active practice of cosmetology within the
state to submit evidence of satisfactory completion of a program of con-
tinuing education required under this section. Such evidence shall be
made in writing in a form required by the board. The board shall require
every licensee in the active practice of cosmetology within the state to
remit a continuing education fee to the board or its designee in an amount
fixed by the board. The board shall adopt rules and regulations establish-
ing the program of continuing education in accordance with this section
as soon as possible after the effective date of this act. In establishing such
requirements the board shall consider any existing programs of continuing
education currently being offered to licensees of the board.
  (2)  To qualify as an approved provider of continuing education of-
ferings, persons, organizations or institutions proposing to provide such
continuing education offerings shall apply to the board for approval and
submit evidence that the applicant is prepared to meet the standards and
requirements established by the rules and regulations of the board for
such continuing education offerings. Initial applications shall be made in
writing on forms supplied by the board and shall be submitted to the
board together with the application fee fixed by the board. Qualification
as an approved provider of continuing education offerings shall expire
five years after the granting of such approval by the board. An approved
provider of continuing education offerings shall submit annually to the
board the continuing education program approval fee established by rules
and regulations, along with an annual report of its educational programs
for the previous fiscal year. Applications for renewal as an approved pro-
vider of continuing education offerings and annual reports shall be made
in writing on forms supplied by the board and shall be submitted to the
board together with the application fee fixed by the board.
  (3)  The board shall establish an inactive license category and may
waive the continuing education requirements for the renewal of a license
and place a licensee on inactive status if a licensee is not engaged in or
has retired from practice or has become temporarily or permanently dis-
abled and the licensee files with the board a certificate stating either of
the following:
  (A)  A retiring licensee certifies to the board that the licensee:
  (i)  Has retired from the active practice of cosmetology service; or
  (ii)  is not engaged in the provision of any cosmetology service as de-
fined by the statutes of the state of Kansas; or
  (B)  a disabled licensee certifies to the board that such licensee is no
longer engaged in the provision of any cosmetology service as defined by
the statutes of the state of Kansas by reason of any physical disability,
whether permanent or temporary, and shall describe the nature of such
disability. The waiver of continuing education under this subsection shall
continue so long as the retirement or physical disability exists. Prior to
returning to active practice for which a person holds an inactive license,
such person shall complete 20 clock hours of continuing education ap-
proved by the board in the license category in which the licensee holds
a license or if the licensee holds a license in more than one category, in
the category specified by rules and regulations of the board for licensees
holding more than one license. The board shall establish by rules and
regulations a procedure to activate an inactive license.
  (f)  The board is hereby authorized to adopt rules and regulations
fixing the amount of fees for the following items and to charge and collect
the amounts so fixed, subject to the following limitations:
Active cosmetologist license or renewal, for two years--not more than$60
Inactive cosmetologist license or renewal, for two years --not more than
         30
Delinquent cosmetologist license...............................             4
Cosmetology technician renewal, for two years--not more than...            30
Electrologist license or renewal, for two years--not more than.            30
Delinquent electrologist license...............................             4
Senior cosmetologist license or renewal, for three years --not more than
         45
Manicurist license renewal or renewal, for two years--not more than
     24
Delinquent manicurist license..................................             4
Esthetician license or renewal, for two years--not more than...            30
Delinquent esthetician license.................................             4
Any apprentice license--not more than..........................            12
Additional training license--not more than.....................            12
New school license.............................................           100
School license renewal--not more than..........................            50
Delinquent school license--not more than.......................            10
New salon or electrology clinic license--not more than.........            30
Salon or electrology clinic license renewal--not more than.....            20
Delinquent salon or electrology clinic license.................             6
Transfer of salon or electrology clinic license--not more than.            15
Cosmetologist's examination--not more than.....................            25
Cosmetology technician's examination--not more than............            25
Electrologist's examination--not more than.....................            25
Manicurist's examination--not more than........................            25
Esthetician examination--not more than.........................            25
Instructor's examination--not more than........................            50
Out-of-state examinations--not more than.......................            35
Out-of-state affidavits........................................             2
Any duplicate license..........................................             2
Instructor's license or renewal, for two years--not more than..            50
Delinquent instructor's license--not more than.................            50
Cosmetologist continuing education registration fee............            40
Continuing education program application fee...................           100
Continuing education program approval fee......................           100
  (g)  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.
  (h)  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 renewal fee for the current year
during which the person has been discharged on and after July 1, 1996,
and upon proof that such applicant has satisfactorily completed a program
of continuing education required by the board for applicants under this
subsection.
  Sec. 2.  K.S.A. 1996 Supp. 65-1904 is hereby repealed.
  Sec. 3.  This act shall take effect and be in force from and after its
publication in the statute book.