By Representatives P. Long, Aurand, Cox, Freeborn, Holmes,
Huff,
O'Connor, Osborne, Powers and Toplikar
1-26
10
AN ACT concerning the state board of cosmetology;
continuing education
11 and inspections;
amending K.S.A. 65-1904a and K.S.A. 1997 Supp. 65-
12 1903, 65-1904, 65-1907
and 65-1908 and repealing the existing
13 sections.
14
15 Be it enacted by the Legislature of the
State of Kansas:
16 Section 1. K.S.A.
1997 Supp. 65-1903 is hereby amended to read as
17 follows: 65-1903. (a) Licensed schools may
be established and maintained
18 in this state where the profession of
cosmetology may be taught or ac-
19 quired, under the following conditions and
regulations:
20 (1) Any person may apply
to the board for a license for conducting a
21 school for the teaching of the profession
of cosmetology. The license shall
22 be granted by the board upon proper and
sufficient showing of compe-
23 tency of the applicant and assurance of
compliance by the applicant with
24 the requirements of this act, all
reasonable rules and regulations adopted
25 by the board for the proper conduct of the
school and all applicable
26 sanitation standards adopted by the
secretary of health and environment
27 pursuant to K.S.A. 65-1,148 and amendments
thereto. Prior to issuance
28 of the license, the applicant shall pay to
the board the license fee estab-
29 lished under K.S.A. 65-1904 and amendments
thereto. School licenses
30 shall be renewed before July 1 of each year
by submitting an application
31 and payment of the fee established under
K.S.A. 65-1904 and amend-
32 ments thereto. No license fee shall be
required of schools operating under
33 the state board of regents or any
tax-supported school. Nothing in this
34 act shall prohibit any person who is a
licensed electrologist, while acting
35 as owner and manager of the person's clinic
or establishment, from teach-
36 ing electrology in the regular course of
the person's business, but at no
37 time shall any clinic or establishment have
more than one apprentice or
38 charge tuition for its teaching
services.
39 (2) Each school licensed
under this subsection (a) shall remain under
40 the constant supervision of the board. Each
licensed school at all times
41 shall employ and maintain a sufficient
number of instructors, duly li-
42 censed in the practices they teach, to
provide at least one instructor for
43 every 25 students. Each licensed school
shall provide a course of training
HB 2714
2
1 requiring not less than 1,500 clock
hours of instruction and practice in
2 preparation for the profession of
cosmetology covering a period of not
3 less than nine nor more than 12
months of training for full-time students.
4 In addition, the school may provide a
course of training of 350 clock hours
5 of instruction and practice in the
profession of manicuring, and a course
6 of training of 650 clock hours of
instruction and practice in the profession
7 of esthetics. Such course of training
shall include the practices of cos-
8 metology for all major ethnic groups
residing in the state, and the board
9 shall require by rules and
regulations that each school shall provide in-
10 struction for part-time students who are
unable to attend a full schedule
11 of classes each week because of part-time
employment; enrollment in an
12 accredited public or private school of
secondary education by a student
13 who is pursuing a course of study leading
to a diploma from such school;
14 enrollment in a cooperative industrial
training program, approved by the
15 division of vocational education of the
state department of education, by
16 a student who is working toward an
occupational objective; or the prin-
17 ciples or tenets of the student's religion
preventing full-time attendance.
18 Instruction of a part-time student shall be
completed by the student
19 within 18 months after the student's
enrollment in the school.
20 (b) Any person who
teaches the profession of cosmetology in a li-
21 censed school of cosmetology shall be
required to obtain a cosmetology
22 instructor's license from the board. To
qualify for a cosmetology instruc-
23 tor's license, the applicant must (1) be
licensed as a cosmetologist under
24 this act, (2) have practiced as a
cosmetologist for one year prior to licen-
25 sure, with 300 hours of instructor
training, or have obtained 600 hours of
26 instructor training, (3) pass a
cosmetology instructor exam, administered
27 by the board, and
(4)(3) pay the application fee established
by K.S.A. 65-
28 1904 and amendments thereto. A cosmetology
instructor license shall be
29 renewed every two years by
furnishing satisfactory evidence that the ap-
30 plicant has completed an additional
20 clock hours of continuing educa-
31 tion approved by the board in the
practice and teaching of cosmetology,
32 and by paying the renewal
fee established by K.S.A. 65-1904 and amend-
33 ments thereto.
34 (c) Licensed schools may
be established and maintained in this state
35 where nail technology may be taught or
acquired, under the following
36 conditions and regulations:
37 (1) Any person may apply
to the board for a license for conducting a
38 school for the teaching of nail technology.
The license shall be granted
39 by the board upon proper and sufficient
showing of competency of the
40 applicant and assurance of compliance by
the applicant with the require-
41 ments of this act, all reasonable rules and
regulations adopted by the
42 board for the proper conduct of the school
and all applicable sanitation
43 standards adopted by the secretary of
health and environment pursuant
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3
1 to K.S.A. 65-1,148 and amendments
thereto. Prior to issuance of the
2 license, the applicant shall pay to
the board the license fee established
3 under K.S.A. 65-1904 and amendments
thereto. School licenses shall be
4 renewed before July 1 of each year by
submitting an application and
5 payment of the fee established under
K.S.A. 65-1904 and amendments
6 thereto. No license fee shall be
required of schools operating under the
7 state board of regents or any
tax-supported school.
8 (2) Each school
licensed under this subsection (c) shall remain under
9 the constant supervision of the board
and shall have a minimum of 3,500
10 square feet of space to provide adequate
space for training. Each licensed
11 school at all times shall employ and
maintain a sufficient number of in-
12 structors, duly licensed in the practices
they teach, to provide at least one
13 instructor for every 25 students. Each
licensed school shall provide a
14 course of training requiring not less than
350 clock hours of instruction
15 and practice in preparation for the
profession of manicurist. The board
16 shall require by rules and regulations that
each school shall provide in-
17 struction for part-time students who are
unable to attend a full schedule
18 of classes each week because of part-time
employment; enrollment in an
19 accredited public or private school of
secondary education by a student
20 who is pursuing a course of study leading
to a diploma from such school;
21 enrollment in a cooperative industrial
training program, approved by the
22 division of vocational education of the
state department of education, by
23 a student who is working toward an
occupational objective; or the prin-
24 ciples or tenets of the student's religion
preventing full-time attendance.
25 Instruction of a part-time student shall be
completed by the student
26 within six months after the student's
enrollment in the school.
27 (d) Any person who
teaches nail technology in a licensed school of
28 cosmetology or nail technology shall be
required to obtain a manicuring
29 instructor's license from the board, unless
the person holds a valid cos-
30 metology instructor's license issued under
subsection (b). To qualify for
31 a manicuring instructor's license, the
applicant must (1) be licensed as a
32 cosmetologist or manicurist under this act,
(2) have practiced as a mani-
33 curist or cosmetologist for one year prior
to licensure, with 300 hours of
34 instructor training, or have
obtained 600 hours of instructor training, (3)
35 pass a manicuring instructor exam,
administered by the board and (4)(3)
36 pay an application fee established by
K.S.A. 65-1904 and amendments
37 thereto. A manicuring instructor license
shall expire every two years and
38 shall be renewed by furnishing
satisfactory evidence that the applicant
39 has completed an additional 20
clock hours of continuing education, ap-
40 proved by the board, in the
practice and teaching of manicuring and
41 payingupon payment
of the renewal fee established by K.S.A. 65-1904
42 and amendments thereto.
43 (e) Licensed schools may
be established and maintained in this state
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4
1 where the profession of esthetics may
be taught or acquired, under the
2 following conditions and
regulations:
3 (1) Any person may
apply to the board for a license for conducting a
4 school for the teaching of the
profession of esthetics. The license shall be
5 granted by the board upon proper and
sufficient showing of competency
6 of the applicant and assurance of
compliance by the applicant with the
7 requirements of this act, all
reasonable rules and regulations adopted by
8 the board for proper conduct of the
school and all applicable sanitation
9 standards adopted by the secretary of
health and environment pursuant
10 to K.S.A. 65-1,148 and amendments thereto.
Prior to issuance of the
11 license, the applicant shall pay to the
board the license fee established
12 under K.S.A. 65-1904 and amendments
thereto. School licenses shall be
13 renewed before July 1 of each year by
submitting an application and
14 payment of the fee established under K.S.A.
65-1904 and amendments
15 thereto. No license fee shall be required
of schools operating under the
16 state board of regents or any tax-supported
school.
17 (2) Each school licensed
under this subsection (e) shall remain under
18 the constant supervision of the board. Each
licensed school at all times
19 shall employ and maintain a sufficient
number of instructors, duly li-
20 censed in the practices they teach, to
provide at least one full-time in-
21 structor for every 25 students. Each
licensed school shall provide a course
22 of training requiring not less than 650
clock hours of instruction and
23 practice in esthetics.
24 (f) Any person who
teaches esthetics in a licensed school of cosme-
25 tology or esthetics shall be required to
obtain an esthetics instructor's
26 license from the board, unless the person
holds a valid cosmetology in-
27 structor's license issued under subsection
(b). To qualify for an esthetics
28 instructor's license, the applicant must
(1) be licensed as a cosmetologist
29 or esthetician under this act, (2) have
practiced as an esthetician or cos-
30 metologist for one year prior to licensure,
with 300 hours of instructor
31 training, or have obtained 600
hours of instructor training, (3) pass an
32 esthetician instructor exam,
administered by the board and (4)(3) pay an
33 application fee established by K.S.A.
65-1904 and amendments thereto.
34 An esthetics instructor license shall
expire every two years and shall be
35 renewed by furnishing satisfactory
evidence that the applicant has com-
36 pleted an additional 20 clock hours
of continuing education, approved by
37 the board, in the practice and
teaching of esthetics and by paying the
38 renewal fee established by K.S.A. 65-1904
and amendments thereto.
39 (g) Licensed schools may
be established and maintained in this state
40 where the profession of electrology may be
taught or acquired, under the
41 following conditions and regulations:
42 (1) Any person may apply
to the board for a license for conducting a
43 school for the teaching of the profession
of electrology. The license shall
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5
1 be granted by the board upon proper
and sufficient showing of compe-
2 tency of the applicant and assurance
of compliance by the applicant with
3 the requirements of this act, all
reasonable rules and regulations adopted
4 by the board for the proper conduct
of the school and all applicable
5 sanitation standards adopted by the
secretary of health and environment
6 pursuant to K.S.A. 65-1,148 and
amendments thereto. Prior to issuance
7 of the license, the applicant shall
pay to the board the license fee estab-
8 lished under K.S.A. 65-1904 and
amendments thereto. School licenses
9 shall be renewed before July 1 of
each year by submitting an application
10 and payment of the fee established under
K.S.A. 65-1904 and amend-
11 ments thereto. No license fee shall be
required of schools operating under
12 the state board of regents or any
tax-supported school. Nothing in this
13 act shall prohibit any person who is a
licensed instructor of electrology or
14 who is and has been for at least three
years a licensed electrologist, while
15 acting as owner and manager of the person's
salon, clinic or establishment,
16 from teaching electrology in the regular
course of the person's business,
17 but at no time shall any salon, clinic or
establishment have more than one
18 apprentice or charge tuition for its
teaching services.
19 (2) Each school licensed
under this subsection (e) shall remain under
20 the constant supervision of the board. Each
licensed school at all times
21 shall employ and maintain a sufficient
number of instructors, duly li-
22 censed in the practices they teach, to
provide at least one full-time in-
23 structor for every four students. Each
licensed school shall provide a
24 course of training requiring not less than
500 clock hours of instruction
25 and practice in electrology covering a
period of not less than four months
26 of training for full-time students and not
less than eight months of training
27 for part-time students.
28 (h) Any person who
teaches electrology in a licensed school of cos-
29 metology or electrology shall be required
to obtain an electrology instruc-
30 tor's license from the board. To qualify
for an electrology instructor's
31 license, the applicant must (1) be licensed
as an electrologist under this
32 act, (2) have practiced as an electrologist
for one year prior to licensure,
33 with 300 hours of instructor
training, or have obtained 600 hours of in-
34 structor training, (3) pass an
electrology instructor exam, administered by
35 the board and
(4)(3) pay an application fee established
under K.S.A.
36 65-1904 and amendments thereto. Electrology
instructor licenses shall
37 expire every two years and may be renewed
by furnishing satisfactory
38 evidence that the applicant has
completed an additional 20 clock hours
39 of continuing education, approved
by the board, in the practice and teach-
40 ing of electrology and
paying the renewal fee established under K.S.A.
41 65-1904 and amendments thereto. To teach in
a licensed salon, the elec-
42 trologist is issued a license for the
period of training for the student. To
43 qualify they must: (1) Be a licensed
practicing electrologist for a three-
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6
1 year period and (2) pay an
application fee established under K.S.A. 65-
2 1904 and amendments thereto.
3 (i) All
instructors holding a valid instructor's license on December
31,
4 1995, upon expiration of their
instructor's license, shall have their instruc-
5 tor's license renewed, without
examination, by paying the renewal fee for
6 that renewal period and
furnishing satisfactory evidence that the applicant
7 has completed an additional
100 clock hours of continuing education,
8 approved by the board, in the
practice and teaching of cosmetology, man-
9 icuring or electrology as
appropriate for the instructor's license held by
10 the applicant.
11 (j) The board may adopt
through rules and regulations a curriculum
12 for cosmetology, manicuring, esthetics and
electrology instructor training
13 to be provided in a licensed school of
cosmetology.
14 Sec. 2. K.S.A. 1997
Supp. 65-1904 is hereby amended to read as
15 follows: 65-1904. (a) Unless revoked for
cause, all licenses of cosmetol-
16 ogists, cosmetology technicians,
electrologists and manicurists issued or
17 renewed by the board shall expire on the
expiration dates established by
18 rules and regulations adopted by the board
under this section. Subject to
19 the other provisions of this subsection,
each such license, other than the
20 three-year senior cosmetologist license,
shall be renewable on a biennial
21 basis upon the filing of a renewal
application prior to the expiration of
22 the license,and
payment of the renewal fee established under this section
23 and, except for an apprentice
license, the electrologist license and the
24 senior cosmetologist license, for
licenses renewed on and after July 1,
25 1997, furnishing evidence
satisfactory to the board of the completion of
26 a minimum of five clock hours
annually of continuing education on health
27 and safety related issues in the
practice of cosmetology approved by the
28 board in the license category in
which the licensee holds a license or if
29 the licensee holds a license in
more than one category, in the category
30 specified by rules and regulations
of the board for licensees holding more
31 than one license. Applicants for
renewal of an electrologist license shall
32 furnish with the biennial renewal
application evidence satisfactory to the
33 board of the completion of 10 clock
hours annually of continuing edu-
34 cation on health and safety related
issues in electrologist practice ap-
35 proved by the board. In
order to provide for the establishment of a system
36 of biennial renewal of licenses issued by
the board, the board may provide
37 by rules and regulations that licenses
issued or renewed may expire less
38 than two years from the date of issuance or
renewal. In each case in which
39 a license is issued or renewed for a period
of time of less than two years,
40 the board shall prorate to the nearest
whole month the license or renewal
41 fee established under this section.
42 (b) Any cosmetologist's,
cosmetology technician's, esthetician's, elec-
43 trologist's or manicurist's license may be
renewed by the applicant within
HB 2714
7
1 90 days after the date of expiration
of the applicant's last license upon
2 submission of proof, satisfactory to
the board, of the applicant's qualifi-
3 cations to renew practice as a
cosmetologist, cosmetology technician, elec-
4 trologist or manicurist,
including the completion of any applicable con-
5 tinuing education
requirements and payment of the applicable renewal
6 fee and delinquent fee prescribed
pursuant to this section. Any applicant
7 whose license as a cosmetologist,
cosmetology technician, electrologist or
8 manicurist has expired for more than
one yeartwo years prior to appli-
9 cation for renewal may obtain a
license in the same manner and on pay-
10 ment of the same fees as provided for an
applicant for an original license
11 on and after July 1, 1996, and upon
proof that such applicant has satis-
12 factorily completed a program of
continuing education required by the
13 board for applicants whose licenses
have expired.
14 (c) At the time of
application for license renewal, a cosmetologist
15 licensed in this state may apply to the
board and qualify for a three-year
16 senior cosmetologist license by:
17 (1) Paying the fee
required by this section;
18 (2) showing evidence
satisfactory to the board of having been actually
19 employed in a licensed salon or licensed
school for not less than 120 days
20 during the preceding three years;
and
21 (3) on and after
July 1, 1996, furnishing evidence satisfactory to the
22 board of the completion of a
minimum of 15 clock hours triennially of
23 continuing education on health and
safety related issues in the practice
24 of cosmetology approved by the
board; and
25
(4) furnishing evidence satisfactory to the board of
attendance of 40
26 clock hours of courses of instruction in
cosmetology approved by the
27 board.
28 (d) Any applicant for a
license other than a renewal license shall make
29 a verified application to the board on such
forms as the board may require
30 and, upon payment of the examination fee
shall be examined by the board
31 or their appointees and shall be issued a
license, if found to be duly
32 qualified to practice the profession of
cosmetologist, esthetician, elec-
33 trologist or manicurist.
34
(e) (1) Except as otherwise provided in this
section, the board shall
35 require every licensee in the
active practice of cosmetology within the
36 state to submit evidence of
satisfactory completion of a program of con-
37 tinuing education required under
this section. Such evidence shall be
38 made in writing in a form required
by the board. The board shall require
39 every licensee in the active
practice of cosmetology within the state to
40 remit a continuing education fee to
the board in an amount fixed by the
41 board. The board shall adopt rules
and regulations establishing the pro-
42 gram of continuing education in
accordance with this section as soon as
43 possible after the effective date
of this act. In establishing such require-
HB 2714
8
1 ments the board shall
consider any existing programs of continuing ed-
2 ucation currently being
offered to licensees of the board.
3 (2) To
qualify as an approved provider of continuing education
of-
4 ferings, persons,
organizations or institutions proposing to provide
such
5 continuing education
offerings shall apply to the board for approval and
6 submit evidence that the
applicant is prepared to meet the standards and
7 requirements established by
the rules and regulations of the board for
8 such continuing education
offerings. Initial applications shall be made in
9 writing on forms supplied by
the board and shall be submitted to the
10 board together with the application
fee fixed by the board. Qualification
11 as an approved provider of
continuing education offerings shall expire
12 five years after the granting of
such approval by the board. An approved
13 provider of continuing education
offerings shall submit annually to the
14 board the continuing education
program approval fee established by rules
15 and regulations, along with an
annual report of its educational programs
16 for the previous fiscal year.
Applications for renewal as an approved pro-
17 vider of continuing education
offerings and annual reports shall be made
18 in writing on forms supplied by the
board and shall be submitted to the
19 board together with the application
fee fixed by the board.
20 (3) The
board shall establish an inactive license category and
may
21 waive the continuing education
requirements for the renewal of a license
22 and place a licensee on inactive status if
a licensee is not engaged in or
23 has retired from practice or has become
temporarily or permanently dis-
24 abled and the licensee files with the board
a certificate stating either of
25 the following:
26 (A)(1) A retiring licensee certifies to the board that the
licensee:
27 (i)(A) Has retired from the active practice of cosmetology
service; or
28 (ii)(B) is not engaged in the provision of any cosmetology
service as
29 defined by the statutes of the state of
Kansas; or
30 (B)(2) a disabled licensee certifies to the board that
such licensee is
31 no longer engaged in the provision of any
cosmetology service as defined
32 by the statutes of the state of Kansas by
reason of any physical disability,
33 whether permanent or temporary, and shall
describe the nature of such
34 disability. The waiver of
continuing education under this subsection shall
35 continue so long as the retirement
or physical disability exists. Prior to
36 returning to active practice for
which a person holds an inactive license,
37 such person shall complete 20 clock
hours of continuing education ap-
38 proved by the board in the license
category in which the licensee holds
39 a license or if the licensee holds
a license in more than one category, in
40 the category specified by rules and
regulations of the board for licensees
41 holding more than one
license. The board shall establish by rules and
42 regulations a procedure to activate an
inactive license.
43 (f) The board is hereby
authorized to adopt rules and regulations
HB 2714
9
1 fixing the amount of fees for the
following items and to charge and collect
2 the amounts so fixed, subject to the
following limitations:
3 \tb\Active cosmetologist license or
renewal, for two years--not more than[cm$60[cm
4 Inactive cosmetologist license or
renewal, for two years --not more
5 than[cm30[cm
6 Delinquent cosmetologist
license[cm4[cm
7 Cosmetology technician renewal, for
two years--not more than[cm30[cm
8 Electrologist license or renewal, for
two years--not more than[cm30[cm
9 Delinquent electrologist
license[cm4[cm
10 Senior cosmetologist license or renewal,
for three years --not more
11 than[cm45[cm
12 Manicurist license renewal [*] or renewal,
for two years--not more
13 than[cm24[cm
14 Delinquent manicurist license[cm4[cm
15 Esthetician license or renewal, for two
years--not more than[cm30[cm
16 Delinquent esthetician license[cm4[cm
17 Any apprentice license--not more
than[cm12[cm
18 Additional training license--not more
than[cm12[cm
19 New school license[cm100[cm
20 School license renewal--not more
than[cm50[cm
21 Delinquent school license--not more
than[cm10[cm
22 New salon or electrology clinic
license--not more than[cm30[cm
23 Salon or electrology clinic license
renewal--not more than[cm20[cm
24 Delinquent salon or electrology clinic
license[cm6[cm
25 Transfer of salon or electrology clinic
license--not more than[cm15[cm
26 Cosmetologist's examination--not more
than[cm25[cm
27 Cosmetology technician's examination--not
more than[cm25[cm
28 Electrologist's examination--not more
than[cm25[cm
29 Manicurist's examination--not more
than[cm25[cm
30 Esthetician examination--not more
than[cm25[cm
31 Instructor's examination--not more
than[cm50[cm
32 Out-of-state examinations--not more
than[cm35[cm
33 Out-of-state affidavits[cm2[cm
34 Any duplicate license[cm2[cm
35 Instructor's license or renewal, for two
years--not more than[cm50[cm
36 Delinquent instructor's license--not more
than[cm50[cm
37 Cosmetologist continuing education
registration fee[cm40[cm
38 Continuing education program
application fee[cm100[cm
39
Continuing education program approval
fee[cm100[et
40 (g) Whenever the board
determines that the total amount of revenue
41 derived from the fees collected pursuant to
this section is insufficient to
42 carry out the purposes for which the fees
are collected, the board may
43 amend its rules and regulations to increase
the amount of the fee, except
HB 2714
10
1 that the amount of the fee for any
item shall not exceed the maximum
2 amount authorized by this subsection.
Whenever the amount of fees col-
3 lected pursuant to this section
provides revenue in excess of the amount
4 necessary to carry out the purposes
for which such fees are collected, it
5 shall be the duty of the board to
decrease the amount of the fee for one
6 or more of the items listed in this
subsection by amending the rules and
7 regulations which fix the fees.
8 (h) Any person who
failed to obtain a renewal license while in the
9 armed forces of the United States
or who gave up licensure due to con-
10 tinuing education requirements shall
be entitled to a renewal license upon
11 filing application and paying the renewal
fee for the current year during
12 which the person has been discharged
on and after July 1, 1996, and upon
13 proof that such applicant has
satisfactorily completed a program of con-
14 tinuing education required by the
board for applicants under this sub-
15 section.
16 Sec. 3. K.S.A.
65-1904a is hereby amended to read as follows: 65-
17 1904a. (a) Any licensed
cosmetologist, electrologist, manicurist, or person
18 desiring to establish a salon or clinic
shall make application, on a form
19 provided, to the Kansas state board of
cosmetology, accompanied by the
20 new salon or clinic license fee established
under K.S.A. 65-1904 and
21 amendments thereto. Upon filing of the
application and paying the new
22 salon or clinic license fee, the salon
or clinic may operate until an inspec-
23 tion is made by an inspector. Upon
filing of the application, ;(tri-stars)e boardan
24 inspector shall inspect the
equipment as to safety and sanitary condition
25 of the premises and if the
equipment and premises are found to comply
26 with the rules and regulations of
the secretary of health and environment
27 and the rules and regulations of
the Kansas state board of cosmetology,
28 the board shall issue.
Upon passing the inspection and complying with
29 the applicable laws and rules and
regulations, the salon or clinic shall be
30 issued a new salon or clinic
license.
31 (b) Nothing
herein contained shall be construed as preventing any
32 licensed person from practicing cosmetology
or electrology in a private
33 home or residence or in conjunction with
another business if the home
34 or, residence or
business complies with rules and regulations of the sec-
35 retary and the state board. If a room
used for residential purposes or
36 another business is the same room or
adjacent to a room used as a salon
37 or clinic, then a solid partition shall
separate the premises used for resi-
38 dential or business purposes from the
salon or clinic area. The partition
39 may contain a door so long as it remains
closed during the time the salon
40 or clinic is open. A separate outside
entrance shall be provided for the
41 salon or clinic. In another business,
the separate outside entrance may
42 open to a public walkway area. A salon
or clinic shall contain a minimum
43 of 150 square feet as measured from the
inside wall to inside wall.
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1 (c) The
license shall expire on June 30 following its issuance. Any
2 such license may be renewed upon
application accompanied by the salon
3 or clinic license renewal fee made to
the board before July 1 of the year
4 in which the license expires. Any
certificate may be renewed by the ap-
5 plicant within 60 days after the date
of expiration of the last certificate
6 upon payment of a delinquent renewal
fee.
7
Sec. 4. K.S.A. 1997 Supp. 65-1907 is hereby amended to
read as
8 follows: 65-1907. (a) The
chairperson, with the approval of the board,
9 shall employ inspectors to inspect
schools, salons and, clinics,
tanning
10 facilities, tattoo parlors and body
piercing establishments and the inspec-
11 tors shall perform all of the inspection
duties and investigation duties of
12 the board, as required by this act, rules
and regulations of the board and
13 sanitation standards adopted by the
secretary of health and environment
14 pursuant to K.S.A. 65-1,148 and
amendments thereto. Inspectors shall
15 hold education classes for licensees in
the region of the state served by the
16 inspectors on not less than six separate
occasions during any one year.
17 Inspectors of licensed salons, clinics,
establishments, tanning facilities, tat-
18 too facility and body piercing facility
shall be made at least every two
19 years and schools shall be inspected at
least three times a year.
20 (b) It shall be
the duty of the board to determine the number of hours
21 and practice work required of students in
each subject of cosmetology,
22 nail technology, esthetics and electrology
taught in a licensed school.
23 Sec. 5. K.S.A. 1997
Supp. 65-1908 is hereby amended to read as
24 follows: 65-1908. (a) The state board of
cosmetology may revoke any
25 license provided for by this act, may
censure, limit or condition any license
26 or may refuse to issue, renew or suspend
any license for any of the fol-
27 lowing reasons:
28 (1) Failure to comply
with the sanitary requirements prescribed by
29 the secretary of health and environment
pursuant to K.S.A. 65-1,148 and
30 amendments thereto;
31 (2) failure to comply
with the rules and regulations of the board of
32 cosmetology;
33 (3) habitual drunkenness
or drug addiction;
34 (4) conviction of a
felony, but such conviction shall not automatically
35 operate as a bar to licensure;
36 (5) the obtaining of, or
the attempt to obtain, a license by fraudulent
37 misrepresentation or bribery;
38 (6) advertising by means
of false or knowingly deceptive matter or
39 statement;
40 (7) failure to display
the annual license or inspection report as pro-
41 vided for in this act;
42 (8) failure,
after July 1, 1996, to comply with applicable
continuing
43 education requirements while
actively engaging in the practice of cos-
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12
1 metology; or
2 (9)(8) being found guilty of gross negligence or
unprofessional con-
3 duct as defined by rules and
regulations of the board.
4 (b) The board may
order the remedying of any violations of rules and
5 regulations of the board or any
statutes pertaining to it.
6 (c) Inspectors
employed by the board shall have such powers as
;(tri-stars)e
7 board may
;'escribeprescribed by rules and
regulations to make inspec-
8 tions, investigations, and inquiries,
except that a permanent order for
9 closing any establishment licensed by
the board shall be issued only by
10 the board.
11 (d) All proceedings
under this section shall be conducted in accor-
12 dance with the provisions of the Kansas
administrative procedure act.
13 Sec. 6. K.S.A.
65-1904a and K.S.A. 1997 Supp. 65-1903, 65-1904, 65-
14 1907 and 65-1908 are hereby repealed.
15 Sec. 7. This act
shall take effect and be in force from and after its
16 publication in the statute book.
17