CHAPTER 193 HOUSE BILL No. 2275 An  Act concerning the state board of cosmetology; persons and practices regulated; per-
manent color technology, tattooing and body piercing; transferring certain powers, duties
and functions to the secretary of health and environment; amending K.S.A. 2000 Supp.
65-1904, 65-1940, 65-1940, as amended by section 1 of this act, 65-1941, 65-1941, as
amended by section 2 of this act, 65-1942, 65-1943, 65-1944, 65-1945, 65-1946, 65-
1947, 65-1948, 65-1949, 65-1950, 65-1951, 65-1953, 65-1954 and 74-2701 and repealing
the existing sections; also repealing K.S.A. 2000 Supp. 65-1952.
Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 2000 Supp. 65-1904 is hereby amended to read as
follows: 65-1904. (a) Unless revoked for cause, all licenses of cosmetol-
ogists, cosmetology technicians, estheticians, electrologists and manicur-
ists issued or renewed by the board shall expire on the expiration dates
established by rules and regulations adopted by the board under this
section. Subject to the other provisions of this subsection, each such li-
cense shall be renewable on a biennial basis upon the filing of a renewal
application prior to the expiration of the license, payment of the nonre-
fundable license renewal fee established under this section and with re-
newal applications filed on and after July 1, 2000, the filing of a success-
fully completed written renewal examination prescribed by the board
under this subsection. For renewal applications filed on and after July 1,
2000, the board shall prescribe a written renewal examination for each
classification of licensee under this subsection which will test the appli-
cant's understanding of the laws relating to the practice for which the
applicant holds a license, will test the applicant's understanding of health
and sanitation matters relating to the practice for which the applicant
holds a license and will test the understanding of the applicant about
safety matters relating to the practice for which the applicant holds a
license. The board shall fix the score for the successful completion of a
written renewal examination. The board shall develop an information
booklet to be sent to an applicant for renewal of a license along with the
written renewal examination. The information booklet shall contain in-
formation on the subjects to be tested on the written renewal examination
and shall be provided to the applicant along with the written renewal
examination at least 30 days prior to the date on which the renewal ap-
plication is to be filed. The written renewal examination may be prepared
by the applicant with the use of the information booklet. The board shall
report to the 1999 session of the legislature the progress made by the
board in developing an information booklet and a written renewal ex-
amination.

      (b) Any cosmetologist's, cosmetology technician's, esthetician's, elec-
trologist's or manicurist's license may be renewed by the applicant within
six months after the date of expiration of the applicant's last license upon
submission of proof, satisfactory to the board, of the applicant's qualifi-
cations to renew practice as a cosmetologist, cosmetology technician, es-
thetician, electrologist or manicurist, and payment of the applicable non-
refundable renewal fee and delinquent fee prescribed pursuant to this
section. Any applicant whose license as a cosmetologist, cosmetology tech-
nician, esthetician, electrologist or manicurist has expired for more than
six months may obtain a license in the same manner and on payment of
the same nonrefundable fees as provided for an applicant for an original
license expires on or after January 1, 2000, and has been expired for more
than six months may obtain reinstatement of such license upon application
to the board, upon filing with the board a successfully completed written
renewal examination and upon payment of the applicable nonrefundable
delinquent renewal fee and a nonrefundable renewal penalty fee of $100.

      (c) Any applicant for a license other than a renewal license shall make
a verified application to the board on such forms as the board may require
and, upon payment of the license application fee and the examination fee
shall be examined by the board or their appointees and shall be issued a
license, if found to be duly qualified to practice the profession of cos-
metologist, esthetician, electrologist or manicurist.

      (d) The board is hereby authorized to adopt rules and regulations
fixing the amount of nonrefundable fees for the following items and to
charge and collect the amounts so fixed, subject to the following limita-
tions:

Cosmetologist license application fee, for two years--not more than	$60
Cosmetologist license renewal fee	60
Delinquent cosmetologist renewal fee	25
Cosmetology technician license renewal fee, for two years--not more than	35
Delinquent cosmetology technician renewal fee	25
Electrologist license application fee, for two years--not more than	35
Electrologist license renewal fee	35
Delinquent electrologist renewal fee	25
Manicurist license application fee, for two years--not more than	30
Manicurist license renewal fee	30
Delinquent manicurist renewal fee	25
Esthetician license application fee, for two years--not more than	30
Esthetician license renewal fee	30
Delinquent esthetician renewal fee	25
Any apprentice license application fee--not more than	15
New school license application fee	150
School license renewal fee--not more than	75
Delinquent school license fee--not more than	50
New cosmetology services salon or electrology clinic license application fee--not more than	50
Cosmetology services salon or electrology clinic license renewal fee--not more than	30
Delinquent cosmetology services salon or electrology clinic renewal fee	30
Cosmetologist's examination--not more than	50
Electrologist's examination--not more than	50
Manicurist's examination--not more than	50
Esthetician examination--not more than	50
Instructor's examination--not more than	75
Reciprocity application fee--not more than	50
Verification of licensure	20
Any duplicate of license	25
Instructor's license application fee, for two years--not more than	75
Renewal of instructor's license fee	50
Delinquent instructor's renewal fee--not more than	75
Temporary permit fee	15
Statutes and regulations book	5

      (e) Whenever the board determines that the total amount of revenue
derived from the fees collected pursuant to this section is insufficient to
carry out the purposes for which the fees are collected, the board may
amend its rules and regulations to increase the amount of the fee, except
that the amount of the fee for any item shall not exceed the maximum
amount authorized by this subsection. Whenever the amount of fees col-
lected pursuant to this section provides revenue in excess of the amount
necessary to carry out the purposes for which such fees are collected, it
shall be the duty of the board to decrease the amount of the fee for one
or more of the items listed in this subsection by amending the rules and
regulations which fix the fees.

      (f) Any person who failed to obtain a renewal license while in the
armed forces of the United States shall be entitled to a renewal license
upon filing application and paying the nonrefundable renewal fee for the
current year during which the person has been discharged on and after
July 1, 1996

      (g) Any person who was formerly licensed as a cosmetologist, a cos-
metology technician, an esthetician, an electrologist or a manicurist and
whose license expired on or after July 1, 1996, and was not renewed may
obtain reinstatement of the license until July 1, 1999, upon application to
the board and upon payment of the applicable delinquent renewal fee.

      (h) (g) Any person who is currently licensed as a cosmetologist, cos-
metology technician, esthetician, electrologist or manicurist on inactive
status shall be deemed licensed on active status. Upon application for
renewal of the license as provided in rules and regulations, the person
shall be issued a license which does not indicate inactive status. Prior to
application for renewal of the license and upon request to the board, such
person may obtain a license which does not indicate inactive status.

      (i) (h) From and after the effective date of this act, there shall be no
continuing education requirement imposed by the board upon any person
who was formerly or is currently licensed as a cosmetologist, cosmetology
technician, esthetician, electrologist or manicurist as a condition of rein-
statement or renewal of the person's license to practice.

      Sec.  2. K.S.A. 2000 Supp. 65-1940 is hereby amended to read as
follows: 65-1940. 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 removable jewelry or other objects in or through
the human body, except puncturing the external part of the human ear
earlobe shall not be included in this definition. This act shall not be con-
strued to authorize a licensed body piercer to implant or embed foreign
objects into the human body or otherwise to engage in the practice of
medicine and surgery.

      (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.

      Sec.  3. K.S.A. 2000 Supp. 65-1941 is hereby amended to read as
follows: 65-1941. (a) 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 pierc-
ing by a physician, a person under the control and supervision of a phy-
sician, a licensed dentist, a person under the control and supervision of a
licensed dentist, an individual 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.

      (b) Violation of subsection (a) is a class A nonperson misdemeanor.

      (c) The board may bring an action to enjoin any person required to
be licensed under K.S.A. 2000 Supp. 65-1940 to 65-1954, inclusive, and
amendments thereto from practicing body piercing, tattooing or perma-
nent color technology if such person does not hold a currently valid license
authorizing the person to engage in such practice. The board may bring
an action to enjoin any person from operating a facility required to be
licensed under K.S.A. 2000 Supp. 65-1940 to 65-1954, inclusive, and
amendments thereto if such person does not hold a currently valid facility
license.

      (d) The board may order the remedying of any violations of rules and
regulations of the board or any provision of this act and the board may
issue a cease and desist order upon board determination that the holder
of a license has violated any order of the board, any rules and regulations
of the board or any provision of K.S.A. 2000 Supp. 65-1940 to 65-1954,
inclusive, and amendments thereto.

      Sec.  4. K.S.A. 2000 Supp. 65-1942 is hereby amended to read as
follows: 65-1942. (a) No person shall:

      (a) (1) Sell, barter or offer to sell or barter a license;

      (b) (2) purchase or procure by barter a license with intent to use it
as evidence of the person's qualification to practice tattooing or body
piercing;

      (c) (3) alter materially a license with fraudulent intent;

      (d) (4) use or attempt to use as a valid license a license which has
been purchased, fraudulently obtained, counterfeited or materially al-
tered; or

      (e) (5) willfully make a false, material statement in an application for
licensure or for renewal of a license.

      (b) A violation of subsection (a) is a class A nonperson misdemeanor.

      Sec.  5. K.S.A. 2000 Supp. 65-1953 is hereby amended to read as
follows: 65-1953. 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 A misdemeanor.

      Sec.  6. On July 1, 2002, K.S.A. 2000 Supp. 65-1940, as amended by
section 1 of this act, is hereby amended to read as follows: 65-1940. As
used in this act, unless the context otherwise requires:

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

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

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

      (g) (e) ``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 removable jewelry or other objects through
the human body, except puncturing the external part of the human ear-
lobe shall not be included in this definition. This act shall not be construed
to authorize a licensed body piercer to implant or embed foreign objects
into the human body or otherwise to engage in the practice of medicine
and surgery.

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

      (i) (g) ``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) (h) ``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) (i) ``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) (j) ``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) (k) ``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.

      Sec.  7. On July 1, 2002, K.S.A. 2000 Supp. 65-1941, as amended by
section 2 of this act, is hereby amended to read as follows: 65-1941. (a)
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 secretary. No person shall per-
form 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 secretary. 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
licensed dentist, a person under the control and supervision of a licensed
dentist, an individual 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.

      (b) Violation of subsection (a) is a class A nonperson misdemeanor.

      (c) The board secretary may bring an action to enjoin any person
required to be licensed under K.S.A. 2000 Supp. 65-1940 to 65-1954,
inclusive, and amendments thereto from practicing body piercing, tattoo-
ing or permanent color technology if such person does not hold a cur-
rently valid license authorizing the person to engage in such practice. The
board secretary may bring an action to enjoin any person from operating
a facility required to be licensed under K.S.A. 2000 Supp. 65-1940 to 65-
1954, inclusive, and amendments thereto if such person does not hold a
currently valid facility license.

      (d) The board secretary may order the remedying of any violations
of rules and regulations of the board secretary or any provision of this act
and the board secretary may issue a cease and desist order upon board
determination that the holder of a license has violated any order of the
board secretary, any rules and regulations of the board secretary or any
provision of K.S.A. 2000 Supp. 65-1940 to 65-1954, inclusive, and amend-
ments thereto.

      Sec.  8. On July 1, 2002, K.S.A. 2000 Supp. 65-1943 is hereby
amended to read as follows: 65-1943. An applicant for licensure shall pay
a fee established by rules and regulations adopted by the board secretary
and shall show to the satisfaction of the board secretary 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 secretary 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 secretary, or a person or school in this state designated by the board
secretary, 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 secretary or a person or school
in this state designated by the board secretary 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 secretary.

      Sec.  9. On July 1, 2002, K.S.A. 2000 Supp. 65-1944 is hereby
amended to read as follows: 65-1944. (a) A person who holds a license
shall notify the board secretary 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 secretary 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 secretary 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
secretary.

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

      Sec.  10. On July 1, 2002, K.S.A. 2000 Supp. 65-1945 is hereby
amended to read as follows: 65-1945. (a) Except as otherwise provided
in this section, a license issued under K.S.A. 2000 Supp. 65-1950 expires
one year after the date of issue unless renewed by payment of the re-
quired renewal fee. The board secretary 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 pay-
ment 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 estab-
lished by the board secretary under this act.

      (b) The board secretary 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 secretary 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 secretary.

      Sec.  11. On July 1, 2002, K.S.A. 2000 Supp. 65-1946 is hereby
amended to read as follows: 65-1946. Licensed practicing permanent
color technicians and tattoo artists and persons who are licensed to per-
form body piercing shall meet the following standards and any others the
board secretary 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 secretary;

      (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.

      Sec.  12. On July 1, 2002, K.S.A. 2000 Supp. 65-1947 is hereby
amended to read as follows: 65-1947. The board secretary 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 K.S.A. 2000 Supp. 65-
1942;

      (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 secretary 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
secretary 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 secretary pursuant to this act.

      Sec.  13. On July 1, 2002, K.S.A. 2000 Supp. 65-1948 is hereby
amended to read as follows: 65-1948. The powers and duties of the board
secretary 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 secretary 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 and to enter into contracts for the performance
of such inspections;

      (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.

      Sec.  14. On July 1, 2002, K.S.A. 2000 Supp. 65-1949 is hereby
amended to read as follows: 65-1949. (a) The board secretary shall adopt
rules and regulations to prescribe education and training standards for
the practice of tattooing and separate education and training standards
for the licensure of body piercing.

      (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 secretary to test the ap-
plicant's knowledge of infection control practices and requirements.

      Sec.  15. On July 1, 2002, K.S.A. 2000 Supp. 65-1950 is hereby
amended to read as follows: 65-1950. (a) The board secretary shall assess,
by rules and regulations adopted by the board secretary, 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 secretary shall license each applicant, without discrim-
ination, who proves to the satisfaction of the board secretary, fitness for
such licensure as required by this act and upon payment of a fee estab-
lished by the board secretary under this section. Except as provided in
K.S.A. 2000 Supp. 65-1945, the board secretary shall issue to the appli-
cant 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 date of
this act shall be licensed by the board secretary, even though the applicant
does not meet the training requirements of this act, so long as the appli-
cant successfully passes an examination required by the board secretary.

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

      Sec.  16. On July 1, 2002, K.S.A. 2000 Supp. 65-1951 is hereby
amended to read as follows: 65-1951. The board, the director secretary
or a person authorized by the board secretary shall remit all moneys
received by or for it from fees, charges or penalties under the provisions
of K.S.A. 2000 Supp. 65-1940 through 65-1954, and amendments thereto,
to the state treasurer at least monthly. Upon receipt of any such remit-
tance 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 cosmetol-
ogy tattoo and body piercing fee fund.

      Sec.  17. On July 1, 2002, K.S.A. 2000 Supp. 65-1954 is hereby
amended to read as follows: 65-1954. (a) The board secretary, in addition
to any other penalty prescribed 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 secretary 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 secretary 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 secretary may
assess investigation and hearing costs against a licensee for proceedings
which have resulted in a successful action by the board secretary against
the license of the licensee under K.S.A. 2000 Supp. 65-1947 and amend-
ments 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 tattoo and body piercing fee fund.

      New Sec.  18. (a) On July 1, 2002, all of the powers, duties and func-
tions of the state board of cosmetology and the position of executive
director thereof which relate to the administration of the provisions of
K.S.A. 2000 Supp. 65-1940 through 65-1954, and amendments thereto,
are hereby transferred to and imposed upon the secretary of health and
environment.

      (b) On and after July 1, 2002, whenever the state board of cosme-
tology or the executive director thereof are referred to or designated by
this act, any other statute, rules and regulations, contract or other docu-
ment, with reference to the administration of the provisions of K.S.A.
2000 Supp. 65-1940 through 65-1954, and amendments thereto, such
reference or designation shall apply to the secretary of health and envi-
ronment.

      (c) All rules and regulations of the state board of cosmetology in ex-
istence on July 1, 2002, which relate to the administration of the provi-
sions of K.S.A. 2000 Supp. 65-1940 through 65-1954, and amendments
thereto, shall continue to be effective and shall be deemed to be duly
adopted rules and regulations of the secretary of health and environment
under this act until revised, amended, revoked or nullified pursuant to
law.

      (d) All orders and directives of the state board of cosmetology in
existence on July 1, 2002, which relate to the administration of the pro-
visions of K.S.A. 2000 Supp. 65-1940 through 65-1954, and amendments
thereto, shall continue to be effective and shall be deemed to be orders
and directives of the secretary of health and environment under this act
until revised, amended, or nullified pursuant to law.

      (e) On July 1, 2002, all books, records and other property of the state
board of cosmetology which relate to the administration of the provisions
of K.S.A. 2000 Supp. 65-1940 through 65-1954, and amendments thereto,
are hereby transferred to the secretary of health and environment.

      (f) On July 1, 2002, officers and employees who immediately prior to
the effective date of this act were engaged in the exercise and perform-
ance of the powers, duties and functions which relate to the administra-
tion of the provisions of K.S.A. 2000 Supp. 65-1940 through 65-1954, and
amendments thereto, and who, in the opinion of the secretary of health
and environment, are necessary to perform the powers, duties and func-
tions transferred under this section shall become officers and employees
of the department of health and environment. Any such officer or em-
ployee shall retain all retirement benefits and all rights of civil service
which had accrued to or vested in such officer or employee prior to the
effective date of this act. The service of each such officer and employee
so transferred shall be deemed to have been continuous. All transfers and
any abolition of personnel positions in the classified service under the
Kansas civil service act shall be in accordance with civil service laws and
any rules and regulations adopted thereunder.

      (g) Whenever any conflict arises as to the proper disposition of any
property or records as a result of any abolishment and transfer made
under this act, or under authority of this act, such conflict shall be resolved
by the governor, and the decision of the governor shall be final.

      Sec.  19. On July 1, 2002, K.S.A. 2000 Supp. 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 seven six
members, appointed by the governor, to regulate the practice of the pro-
fession of cosmetology in Kansas. Subject to the provisions of K.S.A. 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 four members shall be of the same political party. Four members
shall be licensed cosmetologists; one member shall be a licensed per-
manent color technician and tattoo artist or a licensed body piercer; and
two members shall represent the general public interest, except that no
manufacturer, wholesaler or retailer of cosmetic supplies or equipment
used by the profession of cosmetology, or any representative of such man-
ufacturer, wholesaler or retailer, shall become a member of the board.

      (b) The terms of office of members of the board serving prior to the
effective date of this act shall expire on the effective date of this act, but
such members shall continue to serve until their successors are appointed
and qualified as provided in this section. Members of the board serving
prior to the effective date of this act may be reappointed as provided in
this section. Of the members first appointed to the board on and after
the effective date of this act, two members shall be appointed for terms
of one year, two members shall be appointed for terms of two years and
three members shall be appointed for terms of three years. Thereafter
each member of the board shall be appointed for a term of three years,
and until a successor is appointed and qualifies. The board shall annually
select a chairperson from its membership.

      (c) The governor shall appoint an executive director who shall serve
at the pleasure of the governor. 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.

      (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.

      Sec.  20. K.S.A. 2000 Supp. 65-1904, 65-1940, 65-1941, 65-1942, 65-
1952 and 65-1953 are hereby repealed.

      Sec.  21. On July 1, 2002, K.S.A. 2000 Supp. 65-1940, as amended by
section 1 of this act, 65-1941, as amended by section 2 of this act, 65-
1943, 65-1944, 65-1945, 65-1946, 65-1947, 65-1948, 65-1949, 65-1950,
65-1951, 65-1954 and 74-2701 are hereby repealed.

      Sec.  22. This act shall take effect and be in force from and after its
publication in the Kansas register.

Approved May 21, 2001.
 Published in the Kansas Register May 24, 2001.
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