CHAPTER 109 SENATE BILL No. 513 An Act concerning cosmetology; relating to the practice thereof; amending K.S.A. 1999
Supp. 65-1901 and 65-1904a and repealing the existing sections. Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 1999 Supp. 65-1901 is hereby amended to read as
follows: 65-1901. As used in K.S.A. 65-1901 through 65-1912, and amend-
ments thereto:

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

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

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

      (d)  (1) ``Cosmetology'' means the profession of:

      (1) (A) Arranging, dressing, permanently curling, curling, waving,
cleansing, temporarily or permanently coloring, conditioning or cutting the
hair;

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

      (3) (C) removing superfluous hair from the face or any part of the body
by use of either the hands or mechanical or electrical appliances other than
electric needles;

      (5) (D) using cosmetic preparations, antiseptics, lotions, creams or other
preparations in performing any of the practices described in provisions
(d)(1), (2) and (3) paragraphs (A), (B) and (C) of this subsection (d)(1);

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

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

      (2) ``Cosmetology'' shall not include a service that results in tension on
hair strands or roots by twisting, wrapping, weaving, extending, locking, or
braiding by hand or mechanical device so long as the service does not include
the application of dyes, reactive chemicals or other preparations to alter the
color of the hair or to straighten, curl or alter the structure of the hair and
so long as the requirements of section 2 and amendments thereto are met.
Nothing in this paragraph shall be construed to preclude a licensed cos-
metologist from performing the service described in this paragraph.

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

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

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

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

      (g) ``Nail technology'' means manicuring, pedicuring and sculpturing
nails.

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

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

      New Sec.  2. The secretary of health and environment shall develop a
brochure containing information about infection control techniques which
are appropriate for hair braiding outside the salon setting. This brochure
shall be made available through the department of health and environment's
website or by mail, upon request, for a fee to cover the department of health
and environment's printing costs. The brochure shall contain a self-test with
questions on the information contained in the brochure. For an individual
engaged in hair braiding to be exempt from the practice of cosmetology
under K.S.A. 65-1901 and amendments thereto, such individual shall com-
plete the self-test part of the brochure and keep the brochure and com-
pleted self-test available at the location at which the individual is braiding
hair.

      Sec.  3. K.S.A. 1999 Supp. 65-1904a is hereby amended to read as fol-
lows: 65-1904a. Any licensed cosmetologist, esthetician, electrologist, man-
icurist, or person desiring to establish a salon or clinic shall make application,
on a form provided, to the Kansas state board of cosmetology, accompanied
by the new salon or clinic license fee established under K.S.A. 65-1904 and
amendments thereto. Upon filing of the application, the board shall inspect
the equipment as to safety and sanitary condition of the premises and if the
equipment and premises are found to comply with the rules and regulations
of the secretary of health and environment and the rules and regulations of
the Kansas state board of cosmetology, the board shall issue a new salon or
clinic license. Nothing herein contained shall be construed as preventing
any licensed person from practicing cosmetology or electrology in a licensed
cosmetologist's private home or residence if the home or residence complies
with rules and regulations of the secretary and the state board. A licensed
cosmetologist may provide cosmetology services in a place other than the
licensed salon or clinic or a private home or residence of the licensed cos-
metologist. Excluding services provided by a licensed cosmetologist in a
health care facility, hospital or nursing home or in the residence of a person
requiring home care arising from physical or mental disabilities, in order to
provide such services, such licensed cosmetologist shall be employed in a
salon or clinic or in the licensed cosmetologist's private home or residence
for at least 51% of the total hours per week employed; and shall attest by
affidavit that such cosmetology services shall be provided only in the resi-
dence or office of the person receiving services. Licensed salons and clinics
may be reinspected in accordance with a schedule determined by the board
by rules and regulations or upon a complaint made to the board that such
salon or clinic is not being maintained in compliance with rules and regu-
lations of the board. The license shall expire on June 30 following its issu-
ance. Any such license may be renewed upon application accompanied by
the salon or clinic license renewal fee made to the board before July 1 of
the year in which the license expires. Any license may be renewed by the
applicant within 60 days after the date of expiration of the last license upon
payment of a delinquent renewal fee. 
Sec.  4. K.S.A. 1999 Supp. 65-1901 and 65-1904a are hereby repealed.
 Sec.  5. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 19, 2000.
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