Session of 1998
HOUSE BILL No. 2720
By Legislative Post Audit Committee
1-26
9
AN ACT concerning public health and welfare;
relating to the regulation
10 of certain persons,
practices and facilities regulated by the Kansas state
11 board of cosmetology
or the Kansas board of barbering; amending
12 K.S.A. 65-1,148,
65-1827, 74-1806, 74-1807 and 74-2702 and K.S.A.
13 1997 Supp. 65-1907,
65-1908, 65-1948 and 74-2701 and repealing the
14 existing sections.
15
16 Be it enacted by the Legislature of the
State of Kansas:
17 Section 1. K.S.A.
65-1,148 is hereby amended to read as follows: 65-
18 1,148. (a) As used in this section,
``sanitation standards'' means standards
19 for personal and environmental sanitation
and for the prevention of in-
20 fectious and contagious diseases.
21 (b) The secretary of
health and environment shall adopt rules and
22 regulations establishing sanitation
standards for professions, shops, salons,
23 clinics, schools and colleges regulated by
the ;§ate Kansas board of
barber
24 examiners barbering
or the Kansas state board of cosmetology. Prior
to
25 adopting or amending any such rules and
regulations, the secretary of
26 health and environment shall advise and
consult with the Kansas board
27 of barbering or the Kansas state board
of cosmetology, whichever board
28 has authority to regulate one or more
professions, shops, salons, clinics,
29 schools or colleges subject to such
rules and regulations, or with both such
30 boards if such rules and regulations
apply to professions, shops, salons,
31 clinics, schools or colleges regulated
by both such boards.
32 Sec. 2. K.S.A.
65-1827 is hereby amended to read as follows: 65-
33 1827. Any member of the
board The secretary of health and environment,
34 or any employee designated by the
secretary for ;(tri-stars)e this
purpose, shall
35 have access to and may enter at all
reasonable hours all places where
36 barbering is being carried on. Any
member of the board The secretary of
37 health and environment or any
such designated employee also shall have
38 power to inspect all books, papers, records
or documents in any barber
39 shop within the state for the purpose of
ascertaining facts to enable the
40 board to administer this act.
41 Sec. 3. K.S.A. 1997
Supp. 65-1907 is hereby amended to read as
42 follows: 65-1907. (a) The
chairperson, with the approval of the board,
43 secretary of health and environment
shall employ inspectors to inspect
HB 2720
2
1 schools, salons and clinics and the
inspectors shall perform all of the
2 inspection duties of the board, as
required by this act, rules and regula-
3 tions of the board and sanitation
standards adopted by the secretary of
4 health and environment pursuant to
K.S.A. 65-1,148.
5 (b) It
shall be the duty of the board to determine the number of hours
6 and practice work required of
students in each subject of cosmetology,
7 nail technology, esthetics and
electrology taught in a licensed school.
8
Sec. 4. K.S.A. 1997 Supp. 65-1908 is hereby amended to
read as
9 follows: 65-1908. (a) The state board
of cosmetology may revoke any
10 license provided for by this act, may
censure, limit or condition any license
11 or may refuse to issue, renew or suspend
any license for any of the fol-
12 lowing reasons:
13 (1) Failure to comply
with the sanitary requirements prescribed by
14 the secretary of health and environment
pursuant to K.S.A. 65-1,148 and
15 amendments thereto;
16 (2) failure to comply
with the rules and regulations of the board of
17 cosmetology;
18 (3) habitual drunkenness
or drug addiction;
19 (4) conviction of a
felony, but such conviction shall not automatically
20 operate as a bar to licensure;
21 (5) the obtaining of, or
the attempt to obtain, a license by fraudulent
22 misrepresentation or bribery;
23 (6) advertising by means
of false or knowingly deceptive matter or
24 statement;
25 (7) failure to display
the annual license or inspection report as pro-
26 vided for in this act;
27 (8) failure, after July
1, 1996, to comply with applicable continuing
28 education requirements while actively
engaging in the practice of cos-
29 metology; or
30 (9) being found guilty
of gross negligence or unprofessional conduct
31 as defined by rules and regulations of the
board.
32 (b) The board may order
the remedying of any violations of rules and
33 regulations of the board or any statutes
pertaining to it.
34 (c) Inspectors employed
by the secretary of health and environment
35 to conduct inspections for the board
shall have such powers as the board
36 may prescribe by rules and regulations to
make inspections, investiga-
37 tions, and inquiries when conducting
such inspections, except that a per-
38 manent order for closing any establishment
licensed by the board shall
39 be issued only by the board.
40 (d) All proceedings
under this section shall be conducted in accor-
41 dance with the provisions of the Kansas
administrative procedure act.
42 Sec. 5. K.S.A. 1997
Supp. 65-1948 is hereby amended to read as
43 follows: 65-1948. The powers and duties of
the board as related to this
HB 2720
3
1 act are as follows:
2 (a) To authorize
all disbursements necessary to carry out the provi-
3 sions of this act;
4 (b) to determine
training and experience requirements for taking the
5 examination and to supervise and
administer examinations to test the
6 knowledge of applicants for
licensure;
7 (c) to license
persons who apply to the board and who have qualified
8 to practice tattooing or body
piercing;
9 (d) to rent
facilities when necessary to carry out the examination of
10 applicants for licensure;
11 (e) to renew
licenses;
12 (f) to suspend or revoke
licenses or place licensees on probation in
13 the manner provided by this act;
14 (g) to appoint
representatives to conduct or supervise the examina-
15 tion of applicants for licensure;
16 (h) to designate the
time and place for examining applicants for li-
17 censure;
18 (i) to provide for
the secretary of health and environment to carry
out,
19 together with the department or
separately, the periodic inspection of
20 facilities of persons who are licensed to
practice tattooing or body pierc-
21 ing;
22 (j) to issue a tattoo
facility license to qualified applicants upon com-
23 pliance with this act;
24 (k) to issue a body
piercing facility license to qualified applicants upon
25 compliance with this act; and
26 (l) to appoint or employ
subordinate employees.
27 Sec. 6. K.S.A.
74-1806 is hereby amended to read as follows: 74-
28 1806. (a) The Kansas board
of barbering shall meet ;mmediately
after
29 appointment and determine the
policies of the board and may conduct
30 any business that may be before
such board. Thereafter, the board shall
31 meet as required by law,
at times designated by the board and on the call
32 of the administrative officer. The board
shall keep a record of all its pro-
33 ceedings and a register of all applicants
for licensure and all licensees.
34 (b) Members of
the Kansas board of barbering attending meetings
35 of such board, or attending a subcommittee
meeting thereof authorized
36 by such board, shall be paid compensation,
subsistence allowances, mile-
37 age and other expenses as provided in
K.S.A. 75-3223, and amendments
38 thereto.
39 (c) The board
shall adopt rules and regulations for the purpose of
40 carrying out the provisions of this
act.
41 (d) The
administrative officer, with the approval of the board, shall
42 have authority to employ ;nspectors
and office personnel as may be
43 deemed necessary to administer this
act, and shall provide and maintain
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4
1 offices. The inspectors so
appointed shall perform all of the inspection
2 duties of the board.
All employees of the board shall be within the clas-
3 sified service of the Kansas civil
service act, with the exception of the
4 administrative officer, who shall be
in the unclassified service.
5 (e) The
secretary of health and environment shall conduct all
inspec-
6 tions for the Kansas board of
barbering as authorized or prescribed by
7 statutes administered by the
Kansas board of barbering, upon the request
8 of the Kansas board of barbering
and in accordance with such request.
9 To the extent practicable, the
secretary of health and environment shall
10 coordinate and conduct inspections of
places that are inspected for the
11 Kansas board of barbering at the same
times as inspections of such places
12 conducted pursuant to K.S.A. 65-173 and
amendments thereto. The sec-
13 retary of health and environment and the
Kansas board of barbering shall
14 advise and consult regularly and may
enter into such agreements as may
15 be required in order to effectuate the
orderly and effective performance
16 of inspections by the secretary of
health and environment for the Kansas
17 board of barbering.
18 Sec. 7. K.S.A.
74-1807 is hereby amended to read as follows: 74-
19 1807. Upon presentation of proper
credentials, any member of the board,
20 the administrative officer or the
board's the secretary of health and en-
21 vironment or the secretary's
inspectors shall have the authority to enter,
22 inspect and enforce rules and regulations
pertaining to barber shops, bar-
23 ber schools or barber colleges at any time
during business hours.
24 Sec. 8. K.S.A. 1997
Supp. 74-2701 is hereby amended to read as
25 follows: 74-2701. (a) There is hereby
created the Kansas state board of
26 cosmetology, which shall be composed of
five seven members, appointed
27 by the governor, to regulate the practice
of the profession of cosmetology
28 in Kansas. Subject to the provisions of
K.S.A. 75-4315c and amendments
29 thereto, a member shall be appointed from
each congressional district
30 and the remainder from the state at large.
Not more than ;(tri-stars)ree four
31 members shall be of the same political
party. Two Four members shall
32 be licensed ;(erators of a shop and
shall also be registered cosmetologists;
33 two members shall be
registered cosmetologists; one member shall be
a
34 licensed permanent color technician and
tattoo artist or a licensed body
35 piercer; and one
member two members shall represent the general
public
36 interest, except that no manufacturer,
wholesaler or retailer of cosmetic
37 supplies or equipment used by the
profession of cosmetology, or any
38 representative of such manufacturer,
wholesaler or retailer, shall become
39 a member of the board, nor shall
any two members of the board be
40 graduates of the same system or
school of beauty culture.
41 (b) Each member of the
board shall serve a term of three years, and
42 until a successor is appointed and
qualifies. The board shall annually se-
43 lect a chairperson from its membership.
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5
1 (c) The
board of cosmetology governor shall appoint
an executive
2 director who shall serve at the
pleasure of the board governor. The ex-
3 ecutive director shall also be the
treasurer of the board and shall keep a
4 record of the proceedings and perform
such other duties as the board
5 shall direct. The executive
director shall be a practicing cosmetologist and
6 have the same educational
qualifications which are required of an instruc-
7 tor of
cosmetology.
8 (d) When a vacancy
occurs by death or resignation, appointees to the
9 board shall have the prescribed
qualifications. All vacancies in the board
10 shall be filled by the governor for the
unexpired terms. The members of
11 the board shall take the oath of office
prescribed for public officers before
12 entering upon the discharge of their
duties.
13 (e) The board of
cosmetology shall have an advisory member ap-
14 pointed by the governor who shall
be qualified in the area of permanent
15 color technology and tattooing or
in the area of body piercing. Such mem-
16 ber shall serve for a term of three
years and until a successor is appointed
17 and qualified. The advisory member
may attend board meetings, but shall
18 not be a voting member of the
board.
19 Sec. 9. K.S.A.
74-2702 is hereby amended to read as follows: 74-
20 2702. (a) The Kansas state board of
cosmetology shall meet immediately
21 after appointment and determine
policies of the board and conduct any
22 business that may be before such
board, and said officers thereafter shall
23 meet as required by law, at times
designated by the board and shall also
24 meet on the call of the
chairman chairperson. The executive
director shall
25 not be entitled to vote at such meetings.
Said The board shall keep a
26 record of its proceedings and a register of
the names of applicants for
27 licenses, showing whether the licenses were
granted or refused. Said The
28 board shall have a seal,
and. Each of said members of said
member of the
29 board shall have the authority and be
empowered, for all purposes and
30 duties of said the
board in connection therewith, to administer oaths.
The
31 chairman With the approval
of the board shall have the power to appoint
32 inspectors who shall perform all of
the inspection duties of the board and
33 the chairperson may employ such
additional help as may ;n his or her
34 judgment be necessary,
in the judgment of the chairperson, to properly
35 carry out the provisions of
;(tri-stars)is act the laws administered by the
board.
36 (b) All employees
appointed as herein authorized, except the execu-
37 tive director, shall be within the
classified service of the Kansas civil serv-
38 ice act. The executive director shall be
within the unclassified service of
39 the Kansas civil service act and shall
receive an annual salary to be fixed
40 by the board, with the approval of the
;§ate finance council governor.
41 (c) Members of
the Kansas state board of cosmetology attending
42 meetings of such board, or attending a
subcommittee meeting thereof
43 authorized by such board, shall be paid
compensation, subsistence allow-
HB 2720
6
1 ances, mileage and other expenses as
provided in K.S.A. 75-3223 and
2 amendments thereto.
3 (d) The
secretary of health and environment shall conduct all
inspec-
4 tions for the Kansas state board
of cosmetology as authorized or pre-
5 scribed by statutes administered
by the Kansas state board of cosmetology,
6 upon the request of the Kansas
state board of cosmetology and in accor-
7 dance with such request. To the
extent practicable, the secretary of health
8 and environment shall coordinate
and conduct inspections of places that
9 are inspected for the Kansas state
board of cosmetology at the same times
10 as inspections of such places conducted
pursuant to K.S.A. 65-173 and
11 amendments thereto. The secretary of
health and environment and the
12 Kansas state board of cosmetology shall
advise and consult regularly and
13 may enter into such agreements as may be
required in order to effectuate
14 the orderly and effective performance of
inspections by the secretary of
15 health and environment for the Kansas
state board of cosmetology.
16 Sec. 10. K.S.A.
65-1,148, 65-1827, 74-1806, 74-1807 and 74-2702
17 and K.S.A. 1997 Supp. 65-1907, 65-1908,
65-1948 and 74-2701 are hereby
18 repealed.
19 Sec. 11. This act
shall take effect and be in force from and after its
20 publication in the statute book.
21