SUBSTITUTE FOR HOUSE BILL No. 2609

      An Act concerning the state board of cosmetology; persons and practices regulated by the
      board; amending K.S.A. 65-1904a, 65-1904b, 65-1905, 65-1906, 65-1909, 74-2703 and
      74-2704 and K.S.A. 1997 Supp. 65-1901, 65-1902, 65-1903, 65-1904, 65-1907, 65-1908,
      65-1912 and 74-2701 and repealing the existing sections.

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

    Section 1. K.S.A. 1997 Supp. 65-1901 is hereby amended to read as
follows: 65-1901. As used in K.S.A. 65-1901 through 65-1912, and amend-
ments thereto:

    (a) ``Apprentice'' means any person engaged in learning the practice
of cosmetology, manicuring nail technology, esthetics or electrology in a
school of cosmetology, nail technology, esthetics or electrology licensed
by the board, except until such time as an electrology school is established
in this state apprenticing of electrology will be subject to approval by the
board in a clinic or establishment.

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

    (c) ``Cosmetologist'' means any person, other than a manicurist or
esthetician, who practices the profession of cosmetology for compensa-
tion.

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

    (1) Arranging, dressing, permanently curling, curling, waving, singe-
ing, cleansing, dyeing temporarily or permanently coloring, conditioning
or bobbing cutting the hair;

    (2) massaging, cleansing, stimulating, manipulating or performing
similar work on the scalp, face, neck, arms or hands, by use of either the
hands or mechanical or electrical appliances;

    (3) 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;

    (4) (5) using cosmetic preparations, antiseptics, lotions, creams or
other preparations in performing any of the practices described in pro-
visions (d)(1), (2) and (3);

    (5) (6) manicuring, pedicuring or sculpturing nails; or

    (6) performing any other beautifying process on any person

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

    (e) ``Esthetician'' means any person who, for compensation practices
the profession of cosmetology only to the following extent:

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

    (2) removing superfluous hair from the face or body, using either the
hands or mechanical or electrical appliances other than electric needles.

    (f) ``Manicurist'' means any person who, for compensation practices
the profession of cosmetology only to the extent of manicuring, pedicur-
ing and sculpturing nails.

    (g) ``Nail technology'' means the information related to manicuring,
pedicuring and sculpturing nails.

    (h) ``Electrologist'' means any person who, for compensation removes
hair from, or destroys hair on, the human body for beautification by use
of an electric needle only.

    (i) ``Person'' means any individual, corporation, partnership, associa-
tion or other entity.

    Sec. 2. K.S.A. 1997 Supp. 65-1902 is hereby amended to read as
follows: 65-1902. (a) Except as provided in subsection (b), no person shall:

    (1) Engage in practice of cosmetology, esthetics, manicuring 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; or

    (9) teach esthetics in a licensed school unless the person holds a valid
cosmetology or esthetics instructor's license issued by the board.;

    (10) own or operate a school, salon or clinic where cosmetology, es-
thetics, nail technology or electrology is taught or practiced unless the
person holds a valid school, salon or clinic license issued by the board; or

    (11) teach or practice cosmetology, esthetics, nail technology or elec-
trology in a school, salon or clinic unless the owner or operator of the
school, salon or clinic holds a valid school, salon or clinic license issued
by the board.

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

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

    (2) any person licensed to practice medicine and surgery, chiroprac-
tic, optometry, nursing or dentistry, while engaged in that practice;

    (3) any person who is a registered physical therapist or certified phys-
ical therapist assistant while engaged in that practice; or

    (4) any teacher while engaged in instructing elementary or secondary
school students in the proper care of their own persons.

    (c) A person holding a license as a cosmetology technician on the day
immediately preceding the effective date of this act shall continue to be
a licensed cosmetology technician and perform the functions of a cos-
metology technician, as such term was defined immediately prior to the
effective date of this act, and may renew such license subject to the pay-
ment of fees and other conditions and limitations on the renewal of li-
censes under article 19 of chapter 65 of the Kansas Statutes Annotated
and acts amendatory of the provisions thereof.

    Sec. 3. K.S.A. 1997 Supp. 65-1903 is hereby amended to read as
follows: 65-1903. (a) Licensed schools may be established and maintained
in this state where the profession of cosmetology may be taught or ac-
quired, under the following conditions and regulations:

    (1) Any person may apply to the board for a license for conducting a
school for the teaching of the profession of cosmetology. The license shall
be granted by the board upon proper and sufficient showing of compe-
tency of the applicant and assurance of compliance by the applicant with
the requirements of this act, all reasonable rules and regulations adopted
by the board for the proper conduct of the school and all applicable
sanitation standards adopted by the secretary of health and environment
pursuant to K.S.A. 65-1,148 and amendments thereto. Prior to issuance
of the license, the applicant shall pay to the board the nonrefundable
license application fee established under K.S.A. 65-1904 and amend-
ments thereto. School licenses shall be renewed before July 1 of each
year by submitting an application and payment of the nonrefundable li-
cense renewal fee established under K.S.A. 65-1904 and amendments
thereto. 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 li-
censed in the practices they teach, to provide at least one instructor for
every 25 students. Each licensed school shall provide a course of training
requiring not less than 1,500 clock hours of instruction and practice in
preparation for the profession of cosmetology covering a period of not
less than nine nor more than 12 months of training for full-time students.
In addition, the school may provide a course of training of 350 clock hours
of instruction and practice in the profession of manicuring nail technol-
ogy, and a course of training of 650 clock hours of instruction and practice
in the profession of esthetics. 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; enroll-
ment 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, ap-
proved 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 li-
censed school of cosmetology shall be required to obtain a cosmetology
instructor's license from the board. To qualify for a cosmetology instruc-
tor's license, the applicant must (1) be licensed as a cosmetologist under
this act, (2) have practiced as a cosmetologist for one year prior to licen-
sure, with 300 hours of instructor training, or have obtained 600 hours of
instructor training, (3) pass a cosmetology instructor exam, administered
by the board or the board's designee, and (4) pay the nonrefundable in-
structor license application fee established by K.S.A. 65-1904 and amend-
ments 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 com-
pleted an additional 20 clock hours of continuing education approved by
the board in the practice of cosmetology and teaching of cosmetology skills
and methods, and by paying the nonrefundable license renewal fee estab-
lished 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 require-
ments of this act, all reasonable rules and regulations adopted by the
board for the proper conduct of the school and all applicable sanitation
standards adopted by the secretary of health and environment pursuant
to K.S.A. 65-1,148 and amendments thereto. Prior to issuance of the
license, the applicant shall pay to the board the nonrefundable license
application fee established under K.S.A. 65-1904 and amendments
thereto. School licenses shall be renewed before July 1 of each year by
submitting an application and payment of the nonrefundable license re-
newal fee established under K.S.A. 65-1904 and amendments thereto.
No license fee shall be required of schools operating under the state board
of regents or any tax-supported school.

    (2) Each school licensed under this subsection (c) shall remain under
the constant supervision of the board. Each licensed school at all times
shall employ and maintain a sufficient number of instructors, duly li-
censed in the practices they teach, to provide at least one instructor for
every 25 students. Each licensed school shall provide a course of training
requiring not less than 350 clock hours of instruction and practice in
preparation for the profession of manicurist. 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 pub-
lic 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 vo-
cational 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 all students shall be completed by the student within
six months after the student's enrollment in the school.

    (d) Any person who teaches nail technology in a licensed school of
cosmetology or nail technology shall be required to obtain a manicuring
instructor's license from the board, unless the person holds a valid cos-
metology instructor's license issued under subsection (b). To qualify for
a manicuring instructor's license, the applicant must (1) be licensed as a
cosmetologist or manicurist under this act, (2) have practiced as a mani-
curist or cosmetologist for one year prior to licensure, with 300 hours of
instructor training, or have obtained 600 hours of instructor training, (3)
pass a manicuring instructor exam, administered by the board or the
board's designee and (4) pay an a nonrefundable instructor license appli-
cation 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 man-
icuring instructor license on the effective date of this act, has completed
an additional 20 clock hours of continuing education, approved by the
board, in the practice of manicuring and teaching of manicuring skills and
methods and paying the nonrefundable license renewal fee established by
K.S.A. 65-1904 and amendments thereto.

    (e) Licensed schools may be established and maintained in this state
where the profession of esthetics may be taught or acquired, under the
following conditions and regulations:

    (1) Any person may apply to the board for a license for conducting a
school for the teaching of the profession of esthetics. The license shall be
granted by the board upon proper and sufficient showing of competency
of the applicant and assurance of compliance by the applicant with the
requirements of this act, all reasonable rules and regulations adopted by
the board for proper conduct of the school and all applicable sanitation
standards adopted by the secretary of health and environment pursuant
to K.S.A. 65-1,148 and amendments thereto. Prior to issuance of the
license, the applicant shall pay to the board the nonrefundable license
application fee established under K.S.A. 65-1904 and amendments
thereto. School licenses shall be renewed before July 1 of each year by
submitting an application and payment of the nonrefundable license re-
newal fee established under K.S.A. 65-1904 and amendments thereto.
No license fee shall be required of schools operating under the state board
of regents or any tax-supported school.

    (2) Each school licensed under this subsection (e) shall remain under
the constant supervision of the board. Each licensed school at all times
shall employ and maintain a sufficient number of instructors, duly li-
censed in the practices they teach, to provide at least one full-time in-
structor for every 25 students. Each licensed school shall provide a course
of training requiring not less than 650 clock hours of instruction and
practice in esthetics.

    (f) Any person who teaches esthetics in a licensed school of cosme-
tology or esthetics shall be required to obtain an esthetics instructor's
license from the board, unless the person holds a valid cosmetology in-
structor's license issued under subsection (b). To qualify for an esthetics
instructor's license, the applicant must (1) be licensed as a cosmetologist
or esthetician under this act, (2) have practiced as an esthetician or cos-
metologist for one year prior to licensure, with 300 hours of instructor
training, or have obtained 600 hours of instructor training, (3) pass an
esthetician instructor exam, administered by the board or the board's
designee and (4) pay an a nonrefundable license application fee estab-
lished 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 li-
cense on the effective date of this act, has completed an additional 20
clock hours of continuing education, approved by the board, in the prac-
tice of esthetics and teaching of esthetics skills and methods and by paying
the nonrefundable license renewal fee established by K.S.A. 65-1904 and
amendments thereto.

    (g) Licensed schools may be established and maintained in this state
where the profession of electrology may be taught or acquired, under the
following conditions and regulations:

    (1) Any person may apply to the board for a license for conducting a
school for the teaching of the profession of electrology. The license shall
be granted by the board upon proper and sufficient showing of compe-
tency of the applicant and assurance of compliance by the applicant with
the requirements of this act, all reasonable rules and regulations adopted
by the board for the proper conduct of the school and all applicable
sanitation standards adopted by the secretary of health and environment
pursuant to K.S.A. 65-1,148 and amendments thereto. Prior to issuance
of the license, the applicant shall pay to the board the nonrefundable
license application fee established under K.S.A. 65-1904 and amend-
ments thereto. School licenses shall be renewed before July 1 of each
year by submitting an application and payment of the nonrefundable li-
cense renewal fee established under K.S.A. 65-1904 and amendments
thereto. No license fee shall be required of schools operating under the
state board of regents or any tax-supported school. Nothing in this act
shall prohibit any person who is a licensed instructor of electrology or
who is and has been for at least three years a licensed electrologist, while
acting as owner and manager of the person's salon, clinic or establishment,
from teaching electrology in the regular course of the person's business,
but at no time shall any salon, clinic or establishment have more than one
apprentice or charge tuition for its teaching services.

    (2) Each school licensed under this subsection (e) shall remain under
the constant supervision of the board. Each licensed school at all times
shall employ and maintain a sufficient number of instructors, duly li-
censed in the practices they teach, to provide at least one full-time in-
structor for every four students. Each licensed school shall provide a
course of training requiring not less than 500 clock hours of instruction
and practice in electrology covering a period of not less than four months
of training for full-time students and not less than eight months of training
for part-time students.

    (h) Any person who teaches electrology in a licensed school of cos-
metology or electrology shall be required to obtain an electrology instruc-
tor's license from the board. To qualify for an electrology instructor's
license, the applicant must (1) be licensed as an electrologist under this
act, (2) have practiced as an electrologist for one year prior to licensure,
with 300 hours of instructor training, or have obtained 600 hours of in-
structor training, (3) pass an electrology instructor exam, administered by
the board or the board's designee and (4) pay an a nonrefundable instruc-
tor license application fee established under K.S.A. 65-1904 and amend-
ments thereto. Electrology instructor licenses shall expire every two years
and may be renewed by furnishing satisfactory evidence that the appli-
cant, except the first renewal period following licensure for applicants not
holding an electrology instructor license on the effective date of this act,
has completed an additional 20 clock hours of continuing education, ap-
proved by the board, in the practice and teaching of electrology and pay-
ing 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 an a nonrefundable instructor license application
fee established under K.S.A. 65-1904 and amendments thereto.

    (i) All instructors holding a valid instructor's license on December 31,
1995, upon expiration of their instructor's license, shall have their instruc-
tor's license renewed, without examination, by paying the renewal fee for
that renewal period and furnishing satisfactory evidence that the applicant
has completed an additional 100 clock hours of continuing education,
approved by the board, in the practice and teaching of cosmetology, man-
icuring or electrology as appropriate for the instructor's license held by
the applicant.

    (j) The board may adopt through rules and regulations a curriculum
for cosmetology, manicuring nail technology, esthetics and electrology
instructor training to be provided in a licensed school of cosmetology.

    (j) The board may provide by rules and regulations that instructor
licenses may expire less than two years from the date of issuance in order
for the expiration date of the instructor license to correspond with the
expiration date of the individual's license to practice cosmetology, nail
technology, esthetics or electrology. In each case in which an instructor
license is issued for a period of time of less than two years, the board shall
prorate the instructor license application fee from the month of the date
of application to the month of the date of expiration of the license to
practice cosmetology, nail technology, esthetics or electrology.

    Sec. 4. K.S.A. 1997 Supp. 65-1904 is hereby amended to read as
follows: 65-1904. (a) Unless revoked for cause, all licenses of cosmetol-
ogists, cosmetology technicians, estheticians, electrologists and manicur-
ists issued or renewed by the board shall expire on the expiration dates
established by rules and regulations adopted by the board under this
section. Subject to the other provisions of this subsection, each such li-
cense, 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 nonrefundable li-
cense renewal fee established under this section and, except for an ap-
prentice license, the electrologist license and the senior cosmetologist
license, for licenses renewed on and after July 1, 1997, furnishing evi-
dence satisfactory to the board of the completion of a minimum of five
clock hours annually of continuing education on health and safety related
issues in the practice of cosmetology 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 an electrologist license shall furnish with the
biennial renewal application evidence satisfactory to the board of the
completion of 10 clock hours annually of continuing education on health
and safety related issues in electrologist practice 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 reg-
ulations 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 es-
tablished under this section and with renewal applications filed on and
after July 1, 2000, the filing of a successfully completed written renewal
examination prescribed by the board under this subsection. For renewal
applications filed on and after July 1, 2000, the board shall prescribe a
written renewal examination for each classification of licensee under this
subsection which will test the applicant's understanding of the laws re-
lating to the practice for which the applicant holds a license, will test the
applicant's understanding of health and sanitation matters relating to the
practice for which the applicant holds a license and will test the under-
standing of the applicant about safety matters relating to the practice for
which the applicant holds a license. The board shall fix the score for the
successful completion of a written renewal examination. The board shall
develop an information booklet to be sent to an applicant for renewal of
a license along with the written renewal examination. The information
booklet shall contain information on the subjects to be tested on the writ-
ten renewal examination and shall be provided to the applicant along with
the written renewal examination at least 30 days prior to the date on
which the renewal application is to be filed. The written renewal exami-
nation may be prepared by the applicant with the use of the information
booklet. The board shall report to the 1999 session of the legislature the
progress made by the board in developing an information booklet and a
written renewal examination.

    (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 six months after the date of expiration of the applicant's last
license upon submission of proof, satisfactory to the board, of the appli-
cant's qualifications to renew practice as a cosmetologist, cosmetology
technician, esthetician, electrologist or manicurist, including the comple-
tion of any applicable continuing education requirements and payment
of the applicable nonrefundable renewal fee and delinquent fee pre-
scribed pursuant to this section. Any applicant whose license as a cos-
metologist, cosmetology technician, esthetician, electrologist or manicur-
ist has expired for more than one year prior to application for renewal six
months may obtain a license in the same manner and on payment of the
same nonrefundable fees as provided for an applicant for an original li-
cense 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 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 15 clock hours triennially of
continuing education on health and safety related issues in the practice
of cosmetology 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) (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 exami-
nation 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.

    (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 in an amount fixed by the
board. The board shall adopt rules and regulations establishing the pro-
gram of continuing education in accordance with this section as soon as
possible after the effective date of this act. In establishing such require-
ments the board shall consider any existing programs of continuing ed-
ucation 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) (d) The board is hereby authorized to adopt rules and regulations
fixing the amount of nonrefundable fees for the following items and to
charge and collect the amounts so fixed, subject to the following limita-
tions:

Active Cosmetologist license or renewal application fee, for two years--not more than	$60
Inactive cosmetologist license or renewal, for two years --not more than	30
Cosmetologist license renewal fee	60
Delinquent cosmetologist license renewal fee	4 25
Cosmetology technician license renewal fee, for two years--not more than	30 35
Delinquent cosmetology technician renewal fee	25
Electrologist license or renewal application fee, for two years--not more than	30 35
Electrologist license renewal fee	35
Delinquent electrologist license renewal fee	4 25
Senior cosmetologist license or renewal, for three years --not more than	45
Manicurist license renewal or renewal application fee, for two years--not more than	24 30
Manicurist license renewal fee	30
Delinquent manicurist license renewal fee	4 25
Esthetician license or renewal application fee, for two years--not more than	30 30
Esthetician license renewal fee	30
Delinquent esthetician license renewal fee	4 25
Any apprentice license application fee--not more than	12 15
Additional training license--not more than	12
New school license application fee	100 150
School license renewal fee--not more than	50 75
Delinquent school license fee--not more than	10 50
New cosmetology services salon or electrology clinic license applicationfee--not more than	30 50
Cosmetology services salon or electrology clinic license renewal fee--not more than	20 30
Delinquent cosmetology services salon or electrology clinic license re-newal fee	6 30
Transfer of salon or electrology clinic license--not more than	15
Cosmetologist's examination--not more than	25 50
Cosmetology technician's examination--not more than	25
Electrologist's examination--not more than	25 50
Manicurist's examination--not more than	25 50
Esthetician examination--not more than	25 50
Instructor's examination--not more than	50 75
Out-of-state examinations Reciprocity application fee--not more than	35 50
Out-of-state affidavits Verification of licensure	2 20
Any duplicate of license	2 25
Instructor's license or renewal application fee, for two years--not more than	50 75
Renewal of instructor's license fee	50
Delinquent instructor's license renewal fee--not more than	50 75
Cosmetologist continuing education registration fee	40
Continuing education program application fee	100
Continuing education program approval fee	100
Temporary permit fee	15
Statutes and regulations book	5

    (g) (e) Whenever the board determines that the total amount of rev-
enue derived from the fees collected pursuant to this section is insuffi-
cient 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 max-
imum 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 col-
lected, 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) (f) Any person who failed to obtain a renewal license while in the
armed forces of the United States shall be entitled to a renewal license
upon filing application and paying the nonrefundable renewal fee for the
current year during which the person has been discharged on and after
July 1, 1996, and upon proof that such applicant has satisfactorily com-
pleted a program of continuing education required by the board for ap-
plicants under this subsection.

    (g) Any person who was formerly licensed as a cosmetologist, a cos-
metology technician, an esthetician, an electrologist or a manicurist and
whose license expired on or after July 1, 1996, and was not renewed may
obtain reinstatement of the license until July 1, 1999, upon application to
the board and upon payment of the applicable delinquent renewal fee.

    (h) Any person who is currently licensed as a cosmetologist, cosme-
tology technician, esthetician, electrologist or manicurist on inactive status
shall be deemed licensed on active status. Upon application for renewal
of the license as provided in rules and regulations, the person shall be
issued a license which does not indicate inactive status. Prior to applica-
tion for renewal of the license and upon request to the board, such person
may obtain a license which does not indicate inactive status.

    (i) From and after the effective date of this act, there shall be no
continuing education requirement imposed by the board upon any person
who was formerly or is currently licensed as a cosmetologist, cosmetology
technician, esthetician, electrologist or manicurist as a condition of rein-
statement or renewal of the person's license to practice.

    Sec. 5. K.S.A. 65-1904a is hereby amended to read as follows: 65-
1904a. Any licensed cosmetologist, esthetician, electrologist, manicurist,
or person desiring to establish a salon or clinic shall make application, on
a form provided, to the Kansas state board of cosmetology, accompanied
by the new salon or clinic license fee established under K.S.A. 65-1904
and amendments thereto. Upon filing of the application, the board shall
inspect the equipment as to safety and sanitary condition of the premises
and if the equipment and premises are found to comply with the rules
and regulations of the secretary of health and environment and the rules
and regulations of the Kansas state board of cosmetology, the board shall
issue a new salon or clinic license. Nothing herein contained shall be
construed as preventing any licensed person from practicing cosmetology
or electrology in a private home or residence if the home or residence
complies with rules and regulations of the secretary and the state board.
Licensed salons and clinics may be reinspected in accordance with a
schedule determined by the board by rules and regulations or upon a
complaint made to the board that such salon or clinic is not being main-
tained in compliance with rules and regulations of the board. The license
shall expire on June 30 following its issuance. Any such license may be
renewed upon application accompanied by the salon or clinic license re-
newal fee made to the board before July 1 of the year in which the license
expires. Any certificate license may be renewed by the applicant within
60 days after the date of expiration of the last certificate license upon
payment of a delinquent renewal fee.

    Sec. 6. K.S.A. 65-1904b is hereby amended to read as follows: 65-
1904b. (a) Upon application to the Kansas state board of cosmetology on
a form provided for application for a cosmetologist, cosmetology techni-
cian, esthetician, electrologist or manicurist license, accompanied by the
examination application fee, a person practicing as a cosmetologist, cos-
metology technician esthetician, electrologist or manicurist under the laws
of another state or jurisdiction shall be granted a license entitling the
person to practice in this state if:

    (1) The person is not less than 17 years of age and a graduate of an
accredited high school, or equivalent thereof;

    (2) the person submits to the board a certified copy of the person's
birth certificate 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 meets at least one of the following criteria:

    (A) The person's training and qualifications, including examination
requirements, are equal to the requirements for licensure in this state; or

    (B) the person has been licensed in the other state for a period of at
least one year immediately preceding application for licensure in this
state; or a state or jurisdiction which has substantially the same require-
ments for licensure as this state.

    (C) the person satisfactorily passes an oral examination or demon-
stration required by the board.

    (b) The renewal of a license issued pursuant to this section shall be
in the manner provided in K.S.A. 65-1904 and amendments thereto.

    Sec. 7. K.S.A. 65-1905 is hereby amended to read as follows: 65-
1905. (a) All examinations held or conducted by the board shall be in
accordance with rules and regulations adopted by the board. The exam-
inations shall include practical demonstrations and written and oral tests,
except that examinations to qualify for an instructor's license shall be
limited to written tests.

    (b) Each applicant for licensure by examination shall:

    (1) Be at least 17 years of age and a graduate of an accredited high
school, or equivalent thereof, or be at least 25 years of age;

    (2) submit to the board a certified copy of the applicant's birth cer-
tificate verification of date of birth;

    (3) submit to the board a certificate 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

    (4) have served as an apprentice for the period of time provided by
K.S.A. 65-1912.

    (c) Any person making application who apparently possesses the nec-
essary qualifications to take an examination provided herein, upon appli-
cation and payment of the nonrefundable temporary permit fee, may be
issued a temporary permit by the board to practice cosmetology until the
next regular examination conducted by the board.

    Sec. 8. K.S.A. 65-1906 is hereby amended to read as follows: 65-
1906. All certificates of registration, licenses and permits issued by said
board, pursuant to this act, shall be kept posted in a conspicuous place
in the shop, establishment or school where the holder thereof is employed
or working. (a) Each licensed cosmetologist, esthetician, manicurist, elec-
trologist and instructor shall display such person's license in a conspicuous
place in the salon, clinic or school where the holder thereof is employed
or working.

    (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.

    Sec. 9. K.S.A. 1997 Supp. 65-1907 is hereby amended to read as
follows: 65-1907. The chairperson, with the approval of the board, shall
employ inspectors to inspect schools, salons and clinics and the inspectors
shall perform all of the inspection duties of the board, as required by this
act, rules and regulations of the board and sanitation standards adopted
by the secretary of health and environment pursuant to K.S.A. 65-1,148
and amendments thereto. The board shall provide training to the inspec-
tors to enable the inspectors to provide current information to school,
salon and clinic personnel regarding requirements of applicable statutes
and regulations. It shall be the duty of the board to determine the number
of hours and practice work required of students in each subject of cos-
metology, nail technology, esthetics and electrology taught in a licensed
school.

    Sec. 10. K.S.A. 1997 Supp. 65-1908 is hereby amended to read as
follows: 65-1908. (a) The state board of cosmetology may revoke any
license provided for by this act, may censure, limit or condition any license
or may refuse to issue, renew or suspend any license or assess a fine, not
to exceed $1,000 per violation, for any of the following reasons:

    (1) Failure to comply with the sanitary requirements prescribed by
the secretary of health and environment pursuant to K.S.A. 65-1,148 and
amendments thereto;

    (2) failure to comply with any provision of this act, with the rules and
regulations of the board of cosmetology or with any order issued by the
board;

    (3) habitual drunkenness or drug addiction has become a danger to
the public by reason of alcohol or drug abuse;

    (4) conviction of a felony, but such conviction shall not automatically
operate as a bar to licensure unless the applicant or licensee is able to
demonstrate to the board's satisfaction that such person has been suffi-
ciently rehabilitated to warrant the public trust;

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

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

    (7) failure to display the annual license or inspection report as pro-
vided for in this act; or

    (8) failure, after July 1, 1996, to comply with applicable continuing
education requirements while actively engaging in the practice of cos-
metology; or

    (9) (8) being found guilty of gross negligence or unprofessional con-
duct as defined by rules and regulations of the board.

    (b) The board may order the remedying of any violations of rules and
regulations of the board or any statutes pertaining to it provision of this
act, and the board may issue a cease and desist order upon board deter-
mination that the holder of a license has violated any order of the board,
any rules and regulations of the board or any provision of this act.

    (c) Inspectors employed by the board shall have such powers as the
board may prescribe by rules and regulations to make inspections, inves-
tigations, and inquiries, except that a permanent order for closing any
establishment licensed by the board shall be issued only by the board.

    (d) All proceedings under this section shall be conducted in accord-
ance with the provisions of the Kansas administrative procedure act.

    Sec. 11. K.S.A. 65-1909 is hereby amended to read as follows: 65-
1909. (a) No person shall:

    (1) Knowingly employ an individual to engage in any activity for
which a license is required pursuant to K.S.A. 65-1902 and amendments
thereto unless such individual holds a currently valid such 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; 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 to enjoin any person from prac-
ticing or teaching cosmetology, esthetics, nail technology or electrology or
from operating a salon, clinic or school if such person does not hold a
currently valid license. If the court finds that such person is unlawfully
teaching or practicing cosmetology, esthetics, nail technology or electrol-
ogy or operating a salon, clinic or school without a currently valid license,
the court shall enter an injunction restraining such person from such
unlawful acts.

    Sec. 12. K.S.A. 1997 Supp. 65-1912 is hereby amended to read as
follows: 65-1912. (a) Any person desiring to practice as an apprentice shall
be required to pay to the board the fee required pursuant to K.S.A. 65-
1904 and amendments thereto and obtain an apprentice license from the
board. Application for an apprentice license allowing a person to practice
in a licensed school shall be submitted to the board not more than 15
days after the person's enrollment in the school.

    (b) (1) An applicant for examination and licensure as a cosmetologist
shall be required to have practiced as an apprentice in a licensed school
for not less than 1,500 clock hours.

    (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.

    (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.

    (4) An applicant for examination and licensure as an electrologist shall
be required to have practiced as an apprentice in a licensed school of
cosmetology or electrology for not less than 500 clock hours or in a li-
censed clinic or establishment for not less than 1,000 clock hours of train-
ing. 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 ob-
taining the required number of hours.

    Sec. 13. K.S.A. 1997 Supp. 74-2701 is hereby amended to read as
follows: 74-2701. (a) There is hereby created the Kansas state board of
cosmetology, which shall be composed of five seven members, appointed
by the governor, to regulate the practice of the profession of cosmetology
in Kansas. Subject to the provisions of K.S.A. 75-4315c and amendments
thereto, a member shall be appointed from each congressional district
and the remainder from the state at large. Not more than three four
members shall be of the same political party. Two Four members shall
be licensed operators of a shop and shall also be registered cosmetologists;
two members shall be registered cosmetologists; one member shall be a
licensed permanent color technician and tattoo artist or a licensed body
piercer; and one member two members shall represent the general public
interest, except that no manufacturer, wholesaler or retailer of cosmetic
supplies or equipment used by the profession of cosmetology, or any
representative of such manufacturer, wholesaler or retailer, shall become
a member of the board, nor shall any two members of the board be
graduates of the same system or school of beauty culture.

    (b) The terms of office of members of the board serving prior to the
effective date of this act shall expire on the effective date of this act, but
such members shall continue to serve until their successors are appointed
and qualified as provided in this section. Members of the board serving
prior to the effective date of this act may be reappointed as provided in
this section. Of the members first appointed to the board on and after the
effective date of this act, two members shall be appointed for terms of one
year, two members shall be appointed for terms of two years and three
members shall be appointed for terms of three years. Thereafter each
member of the board shall serve be appointed for a term of three years,
and until a successor is appointed and qualifies. The board shall annually
select a chairperson from its membership.

    (c) The board of cosmetology governor shall appoint an executive
director who shall serve at the pleasure of the board governor. The ex-
ecutive director shall also be the treasurer of the board and shall keep a
record of the proceedings and perform such other duties as the board
shall direct. The executive director shall be a practicing cosmetologist and
have the same educational qualifications which are required of an instruc-
tor of cosmetology.

    (d) When a vacancy occurs by death or resignation, appointees to the
board shall have the prescribed qualifications. All vacancies in the board
shall be filled by the governor for the unexpired terms. The members of
the board shall take the oath of office prescribed for public officers before
entering upon the discharge of their duties.

    (e) The board of cosmetology shall have an advisory member ap-
pointed by the governor who shall be qualified in the area of permanent
color technology and tattooing or in the area of body piercing. Such mem-
ber shall serve for a term of three years and until a successor is appointed
and qualified. The advisory member may attend board meetings, but shall
not be a voting member of the board.

    Sec. 14. K.S.A. 74-2703 is hereby amended to read as follows: 74-
2703. It shall be the duty of such board to meet at least twice each year,
and at such times and places as it may deem advisable, and shall at such
times hold examinations of such applicants as shall have applied for reg-
istration licensure.

    Sec. 15. K.S.A. 74-2704 is hereby amended to read as follows: 74-
2704. All fees and payments required to be paid by applicants for exam-
inations or licenses, shall be paid to the executive director of the Kansas
state board of cosmetology or the board's designee. The executive direc-
tor, or the board's designee, shall remit all moneys received by or for him
or her from fees, charges or penalties to the state treasurer at least
monthly. Upon receipt of any such remittance the state treasurer shall
deposit the entire amount thereof in the state treasury. Twenty percent
(20%) of each such deposit shall be credited to the state general fund
and the balance shall be credited to the cosmetology fee fund. All ex-
penditures from such fund shall be made in accordance with appropria-
tion acts upon warrants of the director of accounts and reports issued
pursuant to vouchers approved by the executive director or by a person
or persons designated by him or her the board.

    Sec. 16. K.S.A. 65-1904a, 65-1904b, 65-1905, 65-1906, 65-1909,
74-2703 and 74-2704 and K.S.A. 1997 Supp. 65-1901, 65-1902, 65-1903,
65-1904, 65-1907, 65-1908, 65-1912 and 74-2701 are hereby repealed.

    Sec. 17. This act shall take effect and be in force from and after its
publication in the Kansas register.

I hereby certify that the above Bill originated in the
House, and passed that body

__________________________________

House adopted
Conference Committee Report __________________________

__________________________________

Speaker of the House.

__________________________________

Chief Clerk of the House.

Passed the Senate
as amended __________________________

Senate adopted
Conference Committe Report __________________________

__________________________________

President of the Senate

__________________________________

Secretary of the Senate.

Approved__________________________

__________________________________

Governor.