An Act relating to tattooing; licensure of tattoo artists and permanent color technicians; limitation on body piercing; amending K.S.A. 74-2701 and repealing the existing section.

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

New Section 1. As used in this act, unless the context otherwise re- quires:

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

(b) ``Director'' means the executive director of the board.

(c) ``Department'' means the department of health and environment.

(d) ``Secretary'' means the secretary of health and environment.

(e) ``Licensed permanent color technician and tattoo artist'' means a person licensed under this act to practice tattooing or permanent color technology, or both.

(f) ``Permanent color technician and tattoo artist'' means a person who practices tattooing or permanent color technology, or both pursuant to this act.

(g) ``Body piercing'' means puncturing the skin of a person by aid of needles or other instruments designed or used to puncture the skin for the purpose of inserting jewelry or other objects in or through the human body, except puncturing the external part of the human ear shall not be included in this definition.

(h) ``Physician'' means a person licensed to practice medicine and surgery by the state board of healing arts.

(i) ``Tattoo'' means the indelible mark, figure or decorative design introduced by insertion of nontoxic dyes or pigments into or under the subcutaneous portion of the skin upon the body of a live human being.

(j) ``Tattooing'' means the process by which the skin is marked or colored by insertion of nontoxic dyes or pigments into or under the sub- cutaneous portion of the skin so as to form indelible marks for cosmetic or figurative purposes.

(k) ``Tattoo facility'' means any room or space or any part thereof where tattooing is practiced or where the business of tattooing is con- ducted.

(l) ``Body piercing facility'' means any room space, or any part thereof, where body piercing is practiced or where the business of body piercing is conducted.

(m) ``Permanent color technology'' means the process by which the skin is marked or colored by insertion of nontoxic dyes or pigments into or under the subcutaneous portion of the skin so as to form indelible marks for cosmetic or figurative purposes.

New Sec. 2. No person, including a permanent color technician and tattoo artist, shall perform tattooing, display a sign or in any other way advertise or purport to be a permanent color technician and tattoo artist unless that person holds a valid license issued by the board. No person shall perform body piercing, display a sign or in any other way advertise or purport to be in the business of body piercing unless that person holds a valid license issued by the board. This act does not prevent or affect the use of tattooing, permanent color technology or body piercing by a physician, a person under the control and supervision of a physician, a dentist, a person under the control and supervision of a dentist, an indi- vidual performing tattooing, permanent color technology or body piercing solely on such individual's body or any other person specifically permitted to use electrolysis or tattooing by law.

New Sec. 3. No person shall:

(a) Sell, barter or offer to sell or barter a license;

(b) purchase or procure by barter a license with intent to use it as evidence of the person's qualification to practice tattooing or body pierc- ing;

(c) alter materially a license with fraudulent intent;

(d) use or attempt to use as a valid license a license which has been purchased, fraudulently obtained, counterfeited or materially altered; or

(e) willfully make a false, material statement in an application for licensure or for renewal of a license.

New Sec. 4. An applicant for licensure shall pay a fee established by rules and regulations adopted by the board and shall show to the satis- faction of the board that the applicant:

(a) Has complied with the provisions of this act and the applicable rules and regulations of the secretary;

(b) is not less than 18 years of age;

(c) has a high school diploma or equivalent education;

(d) has submitted evidence of completion of education or training prescribed and approved by the board as follows:

(1) (A) A training program under the direct supervision of a licensed permanent color technician and tattoo artist in a state approved by the board, or a person or school in this state designated by the board, if the application is for a permanent color technician and tattoo artist license; or

(B) a training program under the direct supervision of a person li- censed in a state approved by the board or a person or school in this state designated by the board if the application is for a license to perform body piercing; and

(2) if the license is applied for under either subpart (A) or (B), has passed an examination approved, administered or recognized by the board.

New Sec. 5. (a) A person who holds a license shall notify the board in writing of the regular address of the place or places where the person performs or intends to perform tattooing or body piercing and shall keep the license conspicuously posted in the place of business at all times.

(b) The board shall keep a record of the place or places of business of each person who holds a license.

(c) Any notice required to be given by the board to a person who holds a license may be given by mailing the notice to the address of the last place of business of which the person has notified the board.

(d) The board shall issue to each qualified applicant a license to op- erate a tattoo facility or a body piercing facility and to advertise permanent tattooing or body piercing services for which the facility is licensed.

New Sec. 6. (a) Except as otherwise provided in this section, a license issued under section 11 expires one year after the date of issue unless renewed by payment of the required renewal fee. The board may vary the date of license renewal by giving to the applicant written notice of the renewal date being assigned and by making prorated adjustments in the renewal fee. If payment is transmitted by postal service, the envelope must be postmarked on or before the expiration of the license. If the license expires, the license may be renewed on payment of a renewal fee and late penalty fee established by the board under this act.

(b) The board may suspend the license of any person who fails to renew. A suspended license may be reactivated upon the payment of a reactivation fee established by the board under this act and all past unpaid renewal fees.

(c) A person applying for reactivation shall not be required to take an examination as a condition of reactivation if the reactivation occurs within three years after the date the license expired.

(d) All permanent color technicians, tattoo artists and persons who are licensed to perform body piercing must participate in continuing ed- ucation, with guidelines and effective date to be established by rules and regulations of the board.

New Sec. 7. Licensed practicing permanent color technicians and tattoo artists and persons who are licensed to perform body piercing shall meet the following standards and any others the board may adopt by rules and regulations:

(a) Tattooing and body piercing instruments shall be sterilized in ac- cordance with methods approved by rules and regulations of the board and such rules and regulations shall be approved by the secretary before adoption or amendment;

(b) practicing permanent color technicians and tattoo artists and per- sons licensed to perform body piercing shall be equipped with appropri- ate sterilizing equipment, with availability of hot and cold running water and a covered waste receptacle; and

(c) case history cards shall be kept for each client for a period of five years.

New Sec. 8. The board may revoke, suspend, refuse to issue a license or renewal or place on probation any licensee upon proof that a person or licensee:

(a) Has been convicted of a violation under section 3;

(b) has been convicted in this or any other state of a crime related to the practice of tattooing or body piercing;

(c) has knowingly misrepresented, misstated or failed to disclose per- sonal qualifications or other information necessary to practice tattooing or body piercing in any communication to the board or the department;

(d) has used, caused or promoted the use of any advertising matter, promotional literature, warranty, label, insignia or any other representa- tion, however disseminated or published, that is false, misleading or de- ceptive;

(e) has knowingly deceived the public by acting in a manner as to mislead clients as to the person's professional status;

(f) has employed directly or indirectly any suspended or unlicensed person to perform any tattooing or body piercing covered by this act;

(g) has permitted another person to use the license;

(h) has practiced tattooing or body piercing under a false, misleading or deceptive name;

(i) has failed, if a licensed permanent color technician and tattoo artist or if licensed to perform body piercing, to maintain a business address and telephone number at which the licensee may be reached during busi- ness hours;

(j) has failed, if a nonpracticing permanent color technician and tattoo artist or a person licensed to perform body piercing, to provide the board with a home address and telephone number;

(k) has failed to properly and reasonably accept responsibility for the actions of employees;

(l) has practiced tattooing or body piercing with a mental or physical illness that affects ability to perform or endangers the public;

(m) has demonstrated gross incompetence in performing tattooing or body piercing; or

(n) has violated any of the provisions of this act or rules and regula- tions adopted by the board pursuant to this act.

New Sec. 9. The powers and duties of the board as related to this act are as follows:

(a) To authorize all disbursements necessary to carry out the provi- sions of this act;

(b) to determine training and experience requirements for taking the examination and to supervise and administer examinations to test the knowledge of applicants for licensure;

(c) to license persons who apply to the board and who have qualified to practice tattooing or body piercing;

(d) to rent facilities when necessary to carry out the examination of applicants for licensure;

(e) to renew licenses;

(f) to suspend or revoke licenses or place licensees on probation in the manner provided by this act;

(g) to appoint representatives to conduct or supervise the examina- tion of applicants for licensure;

(h) to designate the time and place for examining applicants for li- censure;

(i) to carry out, together with the department or separately, the pe- riodic inspection of facilities of persons who are licensed to practice tat- tooing or body piercing;

(j) to issue a tattoo facility license to qualified applicants upon com- pliance with this act;

(k) to issue a body piercing facility license to qualified applicants upon compliance with this act; and

(l) to appoint or employ subordinate employees.

New Sec. 10. (a) The board shall adopt rules and regulations to pre- scribe education and training standards for the practice of tattooing and separate education and training standards for the licensure of body pierc- ing.

(b) An applicant seeking licensure as a permanent color technician and tattoo artist or to be licensed to perform body piercing shall be re- quired to demonstrate safety, sanitation and sterilization techniques by means of an inspection conducted by the board to test the applicant's knowledge of infection control practices and requirements.

New Sec. 11. (a) The board shall assess, by rules and regulations adopted by the board, the following fees and any other fees necessary to carry out the provisions of this act:

(1) Application fee;

(2) examination fees;

(3) reexamination fees;

(4) reciprocity fee;

(5) license fee;

(6) license renewal fee, active and inactive;

(7) late fee;

(8) reactivation fee;

(9) duplicate license fee;

(10) demonstration permit;

(11) tattoo facility fee and renewal fee, active or inactive; and

(12) body piercing facility fee renewal fee.

(b) The board shall license each applicant, without discrimination, who proves to the satisfaction of the board, fitness for such licensure as required by this act and upon payment of a fee established by the board under this section. Except as provided in section 6, the board shall issue to the applicant a license that expires one year after the date of issuance.

(c) An applicant who is employed as a permanent color technician and tattoo artist on the day immediately preceding the effective of this act shall be licensed by the board, even though the applicant does not meet the training requirements of this act, so long as the applicant suc- cessfully passes an examination required by the board.

(d) The board shall establish all fees under this act. The fees and charges established under this section shall not exceed the cost of admin- istering the regulatory program under this act pertaining to the purpose for which the fee or charge is established.

New Sec./007006/The board, the director or a person authorized by the board shall remit all moneys received by or for it 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 of each such deposit shall be credited to the state general fund and the balance shall be credited to the cos- metology fee fund.

New Sec./007006/Violation of section 3 is a class A misdemeanor.

New Sec./007006/No person shall perform body piercing or tattooing on or to any person under 18 years of age without the prior written and notarized consent of the parent or court appointed guardian of such per- son and the person giving such consent must be present during the body piercing or tattooing procedure. The written permission and a copy of the letters of guardianship when such permission is given is granted by a guardian, shall be retained by the person administering such body pierc- ing or tattooing for a period of five years. Violation of this section is a class C misdemeanor.

New Sec./007006/(a) The board, in addition to any other penalty pre- scribed under the act governing permanent color technicians and tattoo artists, may assess civil fines and costs, including attorney fees, after proper notice and an opportunity to be heard, against any person or entity for a violation of the statutes, rules and regulations or orders enforceable by the board in an amount not to exceed $5,000 for the first violation, $10,000 for the second violation and $15,000 for the third violation and for each subsequent violation.

(b) In determining the amount of penalty to be assessed pursuant to this section, the board may consider the following factors among others: (1) Willfulness of the violation; (2) repetitions of the violation; and (3) magnitude of the risk of harm caused by the violation.

(c) In addition to a civil penalty and costs, the board may assess in- vestigation and hearing costs against a licensee for proceedings which have resulted in a successful action by the board against the license of the licensee under section 8 and amendments thereto.

(d) All civil fines assessed and collected under this section shall be remitted to the state treasurer at least monthly and shall be deposited in the state treasury and credited to the state general fund. All costs assessed under this section shall be remitted to the state treasurer at least monthly and shall be deposited in the state treasury and credited to the cosme- tology fee fund.

Sec./007006/K.S.A. 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 members, appointed by the governor, to regulate the practice of the profession of cosmetology in Kansas. Subject to the provisions of K.S.A. 1992 1995 Supp. 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 members shall be of the same political party. Two members shall be licensed op- erators of a shop and shall also be registered cosmetologists; two members shall be registered cosmetologists; and one member shall represent the general public interest, except that no manufacturer, wholesaler or re- tailer of cosmetic supplies or equipment used by the profession of cos- metology, or any representative of such manufacturer, wholesaler or re- tailer, 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) Each member of the board shall serve a term of three years, and until a successor is appointed and qualifies. The board shall annually se- lect a chairperson from its membership.

(c) The board of cosmetology shall appoint an executive director who shall serve at the pleasure of the board. The executive 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 instructor 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./007006/K.S.A. 74-2701 is hereby repealed.

Sec./007006/This act shall take effect and be in force from and after January 1, 1997, and its publication in the statute book.

Approved April 5, 1996.