As Amended by House Committee
Session of 1999
HOUSE BILL No. 2529
By Committee on Federal and State Affairs
2-23
10 AN ACT
concerning the state board of cosmetology; persons and prac-
11 tices regulated by the
board; permanent color technology, tattooing
12 and body piercing;
amending K.S.A. 1998 Supp. 65-1940, 65-1941, 65-
13 1942, 65-1943,
65-1944, 65-1945, 65-1946, 65-1947, 65-1948, 65-1949,
14 65-1950 and 65-1954
and repealing the existing sections; also repealing
15 K.S.A. 1998 Supp.
65-1952.
16
17 Be it enacted by the Legislature of the
State of Kansas:
18 Section
1. K.S.A. 1998 Supp. 65-1940 is hereby amended to read as
19 follows: 65-1940. As used in this act,
unless the context otherwise
20 requires:
21 (a) "Board" means
the Kansas state board of cosmetology.
22
(b) "Director" means the executive director of the
board.
23
(c) "Department" means the department of health and
environment.
24
(d) "Secretary" means the secretary of health and
environment.
25 (e)
(b) "Licensed permanent color technician and tattoo
artist" means
26 a person licensed under this act to
practice tattooing or permanent color
27 technology, or both.
28 (f)
(c) "Permanent color technician and tattoo artist"
means a person
29 who practices tattooing or permanent color
technology, or both pursuant
30 to this act.
31 (g)
(d) "Body piercing" means puncturing the skin of a
person by aid
32 of needles or other instruments designed or
used to puncture the skin
33 for the purpose of inserting jewelry or
other objects in or through the
34 human body, except puncturing the external
part of the human ear ear-
35 lobe shall not be included in this
definition.
36 (h)
(e) "Physician" means a person licensed to practice
medicine and
37 surgery by the state board of healing
arts.
38 (i)
(f) "Tattoo" means the indelible mark, figure or
decorative design
39 introduced by insertion of nontoxic dyes or
pigments into or under the
40 subcutaneous portion of the skin upon the
body of a live human being.
41 (j)
(g) "Tattooing" means the process by which the skin is
marked or
42 colored by insertion of nontoxic dyes or
pigments into or under the sub-
43 cutaneous portion of the skin so as to form
indelible marks for cosmetic
HB 2529--Am.
2
1 or figurative purposes.
2
(k) "Tattoo (h) "Facility" means
any room or space or any part
3 thereof where tattooing
is, permanent color technology or body
piercing,
4 or any combination thereof,
are practiced or where the business of tat-
5 tooing is,
permanent color technology or body piercing, or any combi-
6 nation thereof are
conducted.
7
(l) "Body piercing facility" means any room space, or
any part thereof,
8 where body piercing is
practiced or where the business of body piercing
9 is conducted.
10 (m)
(i) "Permanent color technology" means the process by
which
11 the skin is marked or colored by insertion
of nontoxic dyes or pigments
12 into or under the subcutaneous portion of
the skin so as to form indelible
13 marks for cosmetic or figurative
purposes.
14 (j) "Dentist"
means a person licensed to practice dentistry by the Kan-
15 sas dental board.
16 (k) "Licensed
body piercer" means a person licensed under this act
17 to practice body piercing.
18 Sec.
2. K.S.A. 1998 Supp. 65-1941 is hereby amended to read as
19 follows: 65-1941. (a) No person,
including a permanent color technician
20 and tattoo artist, shall perform tattooing,
display a sign or in any other
21 way advertise or purport to be a permanent
color technician and tattoo
22 artist unless that person holds a valid
license issued by the board. No
23 person shall perform body piercing, display
a sign or in any other way
24 advertise or purport to be in the business
of body piercing unless that
25 person holds a valid license issued by the
board. No person shall operate
26 a facility where permanent color
technology, tattooing or body piercing
27 is practiced unless that person holds a
valid facility license issued by the
28 board. No person shall knowingly employ
an individual to engage in per-
29 manent color technology, tattooing or
body piercing unless such individ-
30 ual holds a currently valid license
issued by the board. This act does not
31 prevent or affect the use of tattooing,
permanent color technology or body
32 piercing by a physician, a person under the
control and supervision of a
33 physician, a dentist, a person under the
control and supervision of a den-
34 tist, or an
individual performing tattooing, permanent color technology
35 or body piercing solely on such
individual's own body or any other
person
36 specifically permitted to use
electrolysis or tattooing by law.
37 (b) Violation
of subsection (a) is a class A, nonperson misdemeanor.
38 (c) The board
may bring an action to enjoin any person from prac-
39 ticing permanent color technology,
tattooing or body piercing if such per-
40 son does not hold a currently valid
license. The board may bring an action
41 to enjoin any person from operating a
facility where permanent color
42 technology, tattooing or body piercing
is practiced if such person does not
43 hold a currently valid facility
license.
HB 2529--Am.
3
1 (d) The
board may order the remedying of any violations of rules
and
2 regulations of the board or any
provision of this act and the board may
3 issue a cease and desist order
upon board determination that the holder
4 of a license has violated any
order of the board, any rules and regulations
5 of the board or any provision of
this act.
6 Sec.
3. K.S.A. 1998 Supp. 65-1942 is hereby amended to read as
7 follows: 65-1942. (a) No
person shall:
8
(a) (1) Sell, barter or offer to sell
or barter a license;
9
(b) (2) purchase or procure by barter
a license with intent to use it
10 as evidence of the person's qualification
to practice tattooing, permanent
11 color technology or body
piercing;
12 (c)
(3) alter materially a license with fraudulent intent;
or
13 (d)
(4) use or attempt to use as a valid license a license
which has
14 been purchased, fraudulently obtained,
counterfeited, borrowed, stolen
15 or materially altered;
or.
16
(e) willfully make a false, material statement in an
application for
17 licensure or for renewal of a
license.
18 (b) Violation
of subsection (a)(1), (a)(2), (a)(3) or (a)(4) is a class
A,
19 nonperson misdemeanor.
20 Sec.
4. K.S.A. 1998 Supp. 65-1943 is hereby amended to read as
21 follows: 65-1943. An applicant for
licensure as a permanent color tech-
22 nician and tattoo artist or as a body
piercer shall pay a fee established by
23 rules and regulations adopted by the board
and shall show to the satis-
24 faction of the board that the
applicant:
25 (a) Has complied
with the provisions of this act and the applicable
26 rules and regulations of the
secretary board;
27 (b) is not less
than 18 years of age;
28 (c) has a high
school diploma or equivalent education;
29 (d) has submitted
evidence of completion of education or and
train-
30 ing prescribed and approved by the board as
follows:
31 (1)
(A) If the application is for a permanent color technician
and
32 tattoo artist, a training program
under the direct supervision of a licensed
33 permanent color technician and tattoo
artist in a state approved by
in
34 accordance with rules and regulations
of the board, or a person or school
35 in this state designated by the
board, if the application is for a permanent
36 color technician and tattoo artist
license; or
37 (B) if the
application is for a license to practice body piercing, a
train-
38 ing program under the direct supervision of
a person licensed in a state
39 body piercer approved
by in accordance with rules and regulations
of the
40 board or a person or school in this
state designated by the board if the
41 application is for a license to
perform body piercing; and
42 (2) If
the license is applied for under either subpart (A) or
(B), has
43 passed an examination approved,
administered or recognized by the
HB 2529--Am.
4
1 board.
2
(e) Notwithstanding the provisions in subsection
(d), an applicant for
3 licensure may have
completed all or part of the prescribed education
and
4 training under the
supervision of a person who is subsequently
licensed.
5 New Sec.
5. (a) Any person who teaches and trains the profession of
6 tattooing, permanent color technology
or body piercing shall be required
7 to obtain a trainer's license from
the board. An applicant for a trainer's
8 license, shall submit an application
on forms approved by the board and
9 pay the trainer license application
fee.
10 (b) To qualify as
a permanent color technician and tattoo artist
11 trainer, the applicant shall have five
years of full-time active practice and
12 shall be currently licensed as a permanent
color technician and tattoo
13 artist.
14 (c) To qualify as
a body piercing trainer for the seven basic
piercing
15 procedures, the applicant
shall have two three years of full-time
active
16 practice and shall be currently licensed as
a body piercer.
17 (d) To
qualify as a body piercing trainer for advanced piercing,
the
18 applicant shall have four years of
full-time active practice and shall be
19 currently licensed as a body
piercer.
20
(e) The trainer license shall expire one year
following its issuance and
21 may be renewed upon application accompanied
by the instructor license
22 renewal fee made to the board before the
license expires. A trainer license
23 may be renewed by the applicant within six
months after the date of
24 expiration of the license upon payment of
the renewal fee and payment
25 of a delinquent renewal fee. An applicant
whose trainer's license has been
26 expired for more than six months may obtain
a trainer's license in the
27 same manner and on payment of the same fees
as provided for an appli-
28 cant for an original trainer's license.
29 (f)
(e) As used in this section, a year of full-time active
practice is
30 2,000 hours during a twelve-month
period.
31 New Sec.
6. (a) Any person desiring to practice tattooing,
permanent
32 color technology or body piercing while
completing a training program
33 shall be required to obtain an apprentice
license. The applicant shall pay
34 the apprentice license fee and submit an
application on a form approved
35 by the board which indicates the name of
the licensed trainer or trainers
36 under whose supervision the apprentice will
practice and the name and
37 address and telephone number of the
licensed facility or facilities in which
38 the apprentice will practice. The applicant
shall also comply with appli-
39 cable rules and regulations of the board
including rules and regulations
40 which address the applicant's health and
vision. The application for an
41 apprentice license shall be submitted to
the board before the person
42 begins the training program. The person
shall not practice tattooing, per-
43 manent color technology or body piercing
until the apprentice license has
HB 2529--Am.
5
1 been issued. An apprentice shall
practice tattooing, permanent color tech-
2 nology or body piercing under the
direct supervision of the licensed
3 trainer or trainers who are indicated
on the application form. An appren-
4 tice shall keep the apprentice
license conspicuously posted in the licensed
5 facility where the apprentice
practices.
6 (b) An
apprentice license issued by the board shall expire at such
7 time as final action on the
application for licensure as a permanent color
8 technician and tattoo artist or body
piercer is completed or 18 months
9 after the date of issuance of the
apprentice license.
10 New Sec.
7. Upon application to the board on a form provided, ac-
11 companied by the application fee, a person
licensed to practice perma-
12 nent color technology, tattooing or body
piercing under the laws of an-
13 other state or jurisdiction shall be
granted a license entitling the person
14 to practice in this state if:
15 (a) The person
has complied with the provisions of this act and the
16 applicable rules and regulations of the
board;
17 (b) the person is
not less than 18 years of age;
18 (c) has a high
school diploma or equivalent education; and
19 (d) the person
meets at least one of the following criteria:
20 (1) The person's
education, training and experience, including ex-
21 amination requirements, are equal to the
requirements for licensure in
22 this state; or
23 (2) the person
has been licensed in a state or jurisdiction which has
24 substantially the same requirements for
licensure as this state; and
25 (3)
(e) the person submits to the board a written statement
from a
26 person licensed to practice medicine and
surgery under the laws of any
27 state that the person applying is free from
infectious or contagious
28 disease.
29 Sec.
8. K.S.A. 1998 Supp. 65-1944 is hereby amended to read as
30 follows: 65-1944. (a) A person who holds a
license as a permanent color
31 technician and tattoo artist or as a
body piercer shall notify the board in
32 writing of the regular
address and telephone number of the place or places
33 where the person performs or intends to
perform permanent color tech-
34 nology, tattooing or body piercing
and shall keep the license conspicu-
35 ously posted in the
such place of business or places at
all times. Such
36 person shall also keep the board
notified in writing of the person's home
37 address and telephone number.
38 (b) The board
shall keep a record of the place or places of
business
39 of where each
person who holds a license performs permanent color
tech-
40 nology, tattooing or body
piercing.
41 (c) Any notice
required to be given by the board to a person who
42 holds a license may be given by mailing the
notice to the address of the
43 last place of business
practice of which the person has notified the board.
HB 2529--Am.
6
1 (d) The
board shall issue to each qualified applicant a license to op-
2 erate a tattoo
facility or a body piercing facility, whether
mobile or sta-
3 tionary, where permanent color
technology, tattooing or body piercing is
4 practiced and to advertise
permanent color technology, tattooing or body
5 piercing services for which the
facility is licensed. Any person desiring to
6 operate a tattoo and permanent
color technology facility or a body pierc-
7 ing facility shall make
application to the board, on a form provided by
8 the board, accompanied by a
facility license fee. Upon filing of the appli-
9 cation, the board shall inspect
the facility and equipment as to safety and
10 sanitary conditions and, if the
equipment and facility are found to comply
11 with the provisions of this act and with
the rules and regulations of the
12 board, the board shall issue a facility
license.
13 (e) A facility
license issued during the twelve-month period preceding
14 July 1, 1999, shall expire on December
31, 1999, and may be renewed
15 upon application accompanied by the
facility license renewal fee made to
16 the board before the license expires.
For those facility licenses issued dur-
17 ing the twelve-month period preceding
July 1, 1999, and that would have
18 otherwise expired between January 1,
2000, and June 30, 2000, renewal
19 applicants shall pay a prorated facility
license renewal fee that gives the
20 applicant a credit of $8.33 per month
for each month the license would
21 otherwise have been in effect.
22 (f) A facility
license issued on or after July 1, 1999, shall expire on
23 the December 31 following its issuance
and may be renewed upon appli-
24 cation accompanied by the facility
license renewal fee made to the board
25 before the license expires.
26 (g) A license
may be renewed by the applicant within 60 days after
27 the date of expiration of the last
license upon payment of the renewal fee
28 and a delinquent renewal fee. An
applicant whose license has been expired
29 for more than 60 days may obtain a
facility license in the same manner
30 and on payment of the same fees as
provided for an applicant for an
31 original license.
32 (h) Licensed
facilities shall be reinspected in accordance with a sched-
33 ule determined by the board by rules and
regulations or upon a complaint
34 made to the board that such facility is
not being maintained in compliance
35 with the provisions of this act or with
the rules and regulations of the
36 board.
37 Sec.
9. K.S.A. 1998 Supp. 65-1945 is hereby amended to read as
38 follows: 65-1945. (a) Except as otherwise
provided in this section, a per-
39 manent color technician and tattoo
artist or body piercer license issued
40 under K.S.A. 1997 Supp.
65-1950 expires one year after the date of issue
41 unless renewed by payment of the required
renewal fee. The board may
42 vary the date of license renewal by giving
to the applicant written notice
43 of the renewal date being assigned and by
making prorated adjustments
HB 2529--Am.
7
1 in the renewal fee. If payment is
transmitted by postal service, the en-
2 velope must be postmarked on or
before the expiration of the license. If
3 the license expires, the license may
be renewed within six months of the
4 expiration date on payment of
a renewal fee and late penalty
delinquent
5 renewal fee established by the
board under this act.
6
(b) The board may suspend the license of any person
who fails to
7 renew. A suspended license
may be reactivated upon the payment of a
8 reactivation fee established
by the board under this act and all past unpaid
9 renewal fees.
10 (c) A
person applying for reactivation shall not be required to
take
11 an examination as a condition of
reactivation if the reactivation occurs
12 within three years after the date
the license expired.
13 (d)
(b) An applicant whose license has expired for more than
six
14 months after the date of expiration may
obtain a license in the same man-
15 ner and on payment of the same fees as
provided for an applicant for an
16 original license and upon proof that
such applicant has satisfactorily com-
17 pleted a program of continuing education
required by the board for ap-
18 plicants whose licenses have
expired.
19 (c) All
licensed permanent color technicians,
and tattoo artists and
20 persons who are licensed to perform body
piercing must shall be required
21 to participate in continuing
education, with guidelines and effective date
22 to be established by rules and regulations
of the board.
23 New Sec.
10. (a) Any person desiring to practice as a permanent
24 color technician and tattoo artist or as a
body piercer for no more than
25 15 continuous days may apply for a
temporary license by submitting an
26 application on a form approved by the board
and submitting a temporary
27 license fee at least 30 days prior to the
date on which the applicant intends
28 to practice in this state. To qualify for a
temporary license, a person (1)
29 shall be 18 years of age, (2) shall take
and pass the practical examination
30 administered by the board, and (3) submit
to the board a written state-
31 ment from a person licensed to practice
medicine and surgery under the
32 laws of any state that the person applying
is free from infectious or con-
33 tagious disease.
34 (b) Any person
desiring to operate a facility, whether mobile or sta-
35 tionary, where permanent color technology,
tattooing or body piercing is
36 practiced for no more than 15 continuous
days may apply for a temporary
37 facility license by submitting an
application on a form provided by the
38 board which specifies the location and
submitting a temporary facility
39 license fee at least 30 days prior to the
date on which the applicant intends
40 to operate the facility in this state. Upon
filing of the application, the
41 board shall inspect the facility and
equipment as to safety and sanitary
42 conditions and if the equipment and
facility are found to comply with the
43 provisions of this act and with the rules
and regulations of the board, the
HB 2529--Am.
8
1 board shall issue a temporary
facility license for the location specified in
2 the application.
3 Sec.
11. K.S.A. 1998 Supp. 65-1946 is hereby amended to read as
4 follows: 65-1946. Licensed practicing
permanent color technicians and
5 tattoo artists and persons who are
licensed to perform body piercing shall
6 meet the following standards and any
others other standards the board
7 may adopt by rules and
regulations:
8
(a) Tattooing, permanent color technology and body
piercing instru-
9 ments shall be sterilized in
accordance with methods approved by rules
10 and regulations of the board and
such rules and regulations shall be ap-
11 proved by the secretary before
adoption or amendment;
12
(b) practicing licensed permanent
color technicians and tattoo artists
13 and persons licensed to perform body
piercing shall be equipped with
14 appropriate sterilizing equipment, with
availability of hot and cold run-
15 ning water and a covered waste receptacle;
and
16 (c) case
history cards a client record shall be kept for
each client for
17 a period of five years.
18 Sec.
12. K.S.A. 1998 Supp. 65-1947 is hereby amended to read as
19 follows: 65-1947. The board may revoke,
suspend, refuse to issue, limit
20 or condition a license or renewal or
place on probation censure any li-
21 censee upon proof that a person or
licensee:
22 (a) Has been
convicted of a violation under K.S.A. 1997
1998 Supp.
23 65-1942 and amendments thereto;
24 (b) has been
convicted in this or any other state of a crime related to
25 the practice of permanent color
technology, tattooing or body piercing;
26 (c) has
knowingly misrepresented, misstated or failed to disclose
per-
27 sonal qualifications or other
information necessary to practice tattooing
28 or body piercing in any
communication to the board or the department
29 made a material false, misleading or
deceptive statement or made a ma-
30 terial omission in an application for
licensure or renewal of a license or
31 in any communication to the
board;
32 (d) has used,
caused or promoted the use of any advertising matter,
33 promotional literature, warranty, label,
insignia or any other representa-
34 tion, however disseminated or published,
that is false, misleading or
35 deceptive;
36 (e) has knowingly
deceived the public by acting in a manner as to
37 mislead clients as to the person's
professional status;
38 (f) has employed
directly or indirectly any suspended or unlicensed
39 person to perform any permanent color
technology, tattooing or body
40 piercing covered by this act;
41 (g) has permitted
another person to use the license;
42 (h) has practiced
permanent color technology, tattooing or body
43 piercing under a false, misleading or
deceptive name;
HB 2529--Am.
9
1 (i) has
failed, if a licensed permanent color technician and tattoo
artist
2 or if licensed to perform
body piercing, body piercer to maintain a
busi-
3 ness provide the
board with an address and telephone number at which
4 the licensee may be reached during
business hours;
5 (j) has
failed, if a nonpracticing permanent color technician and
tattoo
6 artist or a person licensed
to perform body piercing, to provide the board
7 with a home address and
telephone number become a danger to the public
8 by reason of alcohol or drug
abuse;
9 (k) has
failed to properly and reasonably accept responsibility for
the
10 actions of employees
been convicted of a felony, and the licensee or ap-
11 plicant for a license is unable to
demonstrate to the board's satisfaction
12 that such person has been sufficiently
rehabilitated to warrant the public
13 trust;
14 (l) has practiced
permanent color technology, tattooing or body pierc-
15 ing with a mental or physical illness or
a vision impairment that affects
16 ability to perform or endangers the
public;
17 (m) has
demonstrated gross incompetence or gross negligence in
per-
18 forming permanent color technology,
tattooing or body piercing; or
19 (n) has violated
any of the provisions of this act, any order of the
20 board or the rules and
regulations adopted by the board pursuant to this
21 act.
22 Sec.
13. K.S.A. 1998 Supp. 65-1948 is hereby amended to read as
23 follows: 65-1948. The powers and duties of
the board as related to this
24 act are as follows:
25 (a) To authorize
all disbursements necessary to carry out the provi-
26 sions of this act;
27 (b) to determine
training, education and experience requirements for
28 taking the examination and to supervise and
administer examinations to
29 test the knowledge of applicants for
licensure;
30 (c) to license
persons who apply to the board and who have qualified
31 to practice permanent color technology
and tattooing or body piercing, to
32 license persons who apply to the board
and who have qualified for a
33 trainer's license, to license persons
who apply to the board and who have
34 qualified for an apprentice
license;
35 (d) to rent
facilities when necessary to carry out the examination of
36 applicants for licensure;
37 (e) to renew
licenses;
38 (f) to suspend or
revoke licenses or place licensees on probation in
39 the manner provided by this act;
40 (g) to appoint
representatives to conduct or supervise the examina-
41 tion of applicants for licensure;
42 (h) to designate
the time and place for examining applicants for
43 licensure;
HB 2529--Am.
10
1 (i) to
carry out, together with the department or
separately, the pe-
2 riodic inspection of facilities of
persons who are licensed to practice tat-
3 tooing or body
piercing operate a facility where tattooing,
permanent
4 color technology or body piercing
is practiced;
5 (j) to
issue a tattoo facility license to operate a
facility where tattooing,
6 permanent color technology or body
piercing is practiced to qualified
7 applicants upon compliance with this
act; (k) to issue a body piercing
8 facility license to qualified
applicants upon compliance with this act; and
9
(l) (k) to appoint or employ
subordinate employees.
10 Sec.
14. K.S.A. 1998 Supp. 65-1949 is hereby amended to read as
11 follows: 65-1949. (a) The board shall adopt
rules and regulations to pre-
12 scribe education, experience and
training standards for the practice of
13 permanent color technology,
tattooing and separate education and train-
14 ing standards for the licensure
of body piercing.
15 (b) An applicant
seeking licensure as a permanent color technician
16 and tattoo artist or to be licensed
to perform body piercing body piercer
17 shall be required to demonstrate safety,
sanitation and sterilization tech-
18 niques by means of an
inspection a written examination and a
practical
19 examination conducted by the board
to test the applicant's knowledge of
20 and techniques concerning infection
control practices and other
21 requirements.
22 Sec.
15. K.S.A. 1998 Supp. 65-1950 is hereby amended to read as
23 follows: 65-1950. (a) The board shall
assess, by rules and regulations
24 adopted by the board, the following
nonrefundable fees and any other
25 nonrefundable fees necessary to
carry out the provisions of this act:
26 (1) Application
fee for permanent color technician and tattoo artist
27 license or body piercer license;
28 (2) examination
fees;
29 (3) reexamination
fees;
30 (4) reciprocity
fee;
31 (5) permanent
color technician and tattoo artist or body piercer li-
32 cense fee;
33 (6) license
renewal fee, active and inactive for permanent
color tech-
34 nician and tattoo artist or body
piercer;
35
(7) late delinquent renewal fee for
any personal or facility license;
36
(8) reactivation apprentice license
fee;
37 (9) duplicate
license fee;
38
(10) demonstration permit temporary
license fee for permanent color
39 technician and tattoo artist or body
piercer;
40 (11) tattoo,
permanent color technology or body piercing facility
li-
41 cense fee and renewal fee,
active or inactive; and
42 (12) body
piercing facility fee renewal fee. temporary tattoo,
per-
43 manent color technology or body piercing
facility license fee;
HB 2529--Am.
11
1
(13) application fee for trainer license; and
2
(14) trainer license fee and renewal fee.
3 (b) The
board shall license each applicant, without discrimination,
4 who proves to the satisfaction of the
board, fitness for such licensure as
5 required by this act and upon payment
of a fee established by the board
6 under this section. Except as
provided in K.S.A. 1997 Supp. 65-1945, the
7 board shall issue to the
applicant a license that expires one year after the
8 date of
issuance.
9
(c) An applicant who is employed as a permanent color
technician
10 and tattoo artist on the day
immediately preceding the effective of this
11 act shall be licensed by the board,
even though the applicant does not
12 meet the training requirements of
this act, so long as the applicant suc-
13 cessfully passes an examination
required by the board.
14 (d)
(c) The board shall establish all fees under this act.
The fees and
15 charges established under this section
shall not exceed the cost of admin-
16 istering the regulatory program under this
act pertaining to the purpose
17 for which the fee or charge is
established.
18 Sec.
16. K.S.A. 1998 Supp. 65-1954 is hereby amended to read as
19 follows: 65-1954. (a) The board, in
addition to any other penalty pre-
20 scribed under the act governing body
piercers, permanent color techni-
21 cians and tattoo artists, may assess civil
fines and costs, including attorney
22 fees, after proper notice and an
opportunity to be heard, against any
23 person or entity for a violation of the
statutes, rules and regulations or
24 orders enforceable by the board in an
amount not to exceed $5,000 for
25 the first violation, $10,000 for the second
violation and $15,000 for the
26 third violation and for each subsequent
violation.
27 (b) In
determining the amount of penalty to be assessed pursuant to
28 this section, the board may consider the
following factors among others:
29 (1) Willfulness of the violation; (2)
repetitions of the violation; and (3)
30 magnitude of the risk of harm caused by the
violation.
31 (c) In addition
to a civil penalty and costs, the board may assess in-
32 vestigation and hearing costs against a
licensee or an unlicensed person
33 for proceedings which have resulted in a
successful action by the board
34 against the license of the licensee or
the unlicensed person under K.S.A.
35 1997 Supp. 65-1947 this
act and amendments thereto.
36 (d) All civil
fines assessed and collected under this section shall be
37 remitted to the state treasurer at least
monthly and shall be deposited in
38 the state treasury and credited to the
state general fund. All costs assessed
39 under this section shall be remitted to the
state treasurer at least monthly
40 and shall be deposited in the state
treasury and credited to the cosme-
41 tology fee fund.
42 Sec. 17. K.S.A. 1998 Supp.
65-1940, 65-1941, 65-1942, 65-1943, 65-
43 1944, 65-1945, 65-1946, 65-1947, 65-1948,
65-1949, 65-1950, 65-1952
HB 2529--Am.
12
1 and 65-1954 are hereby repealed.
2 Sec. 18. This act
shall take effect and be in force from and after its
3 publication in the statute book.