Brief⁽¹⁾

Sub. for H.B. 2609 pertains to the State Board of Cosmetology and to various of the persons and practices regulated by the Board. The bill amends two separate acts, both of which are administered by the Board of Cosmetology.

Board of Cosmetology--Organization

and Powers

The membership of the Board of Cosmetology is increased from five to seven members by adding a member who is a licensed permanent color technician and tattoo artist or a licensed body piercer and an additional member of the general public.

The Governor, rather than the Board of Cosmetology, is to appoint the Executive Director who will serve at the pleasure of the Governor.

The Board, rather than the Executive Director, is authorized to designate persons other than the Executive Director to handle the Board's funds.

The requirement that the Executive Director of the Board of Cosmetology be a practicing cosmetologist who meets the education qualifications required of an instructor is deleted.

The Board is authorized to issue cease and desist orders against persons violating a Board order; to seek an injunction against persons practicing or teaching without a valid license; and to assess fines of up to $1,000 for violations of shop sanitary requirements, violations of the law or Board orders, alcohol or drug abuse behavior which endangers the public, conviction of a felony unless rehabilitation is demonstrated satisfactorily, use of bribery or misrepresentation to obtain a license, false or deceptive advertising, failure to display the annual license or inspection report, or being found guilty of gross negligence or unprofessional conduct.

• The Governor may reconstitute the Board at the time of appointment of the additional members authorized to be added to the Board by Sub. for H.B. 2609.

Cosmetology, Esthetics, Nail Technology, and

Electrology Schools and Instructors

The alternative instructor training for cosmetology school instructors, manicuring instructors, and esthetics instructors is deleted from the law leaving the training requirement at 300 hours of instructor training plus a prior year's licensed practice and satisfactory completion of an examination.

• Except for the first renewal period after the effective date of Sub. for H.B. 2609, for applicants holding a cosmetology instructor license, a manicuring instructor license, an esthetics instructor license, or an electrology instructor license, and, after the first renewal period for applicants not holding an instructor license on the effective date of the bill, the applicant for any renewal of an instructor license must have completed 20 clock hours of continuing education as required by current law.

The instructor's examination is to be a written examination only.

The bill clarifies that instruction of all nail technology students, rather than just part-time students, must be completed within six months after the student's enrollment.

The Board of Cosmetology is authorized to issue instructor licenses that expire in less than two years in order to coordinate instructor and practice license renewal dates.

License Renewal for Cosmetologists, Cosmetology

Technicians, Nail Technology, and

Electrology Licensees

• With license renewal applications for cosmetologists, cosmetology technicians, electrologists, and manicurists filed on and after July 1, 2000, the applicant must file a completed written renewal examination prescribed by the Board for each class of licensee which tests the applicant's understanding of the laws, health and sanitation matters, and safety matters applicable to the specific practice of the applicant for license renewal. The Board is to prepare an information booklet covering the subjects to be tested on the examination. The current continuing education requirements are deleted from the law.

A person who was formerly licensed as a cosmetologist, a cosmetology 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.

A person currently licensed as a cosmetologist, cosmetology technician, esthetician, electrologist, or manicurist on inactive status is deemed licensed on active status. Upon application for renewal of the license, the person will be issued a license which does not indicate inactive status.

A licensee may have a license reinstated within six months after the license expiration date. The current law is limited to 90 days.

Other Cosmetology Licensing and Regulatory Matters

It is made unlawful to own or operate a school, salon, or clinic where cosmetology, esthetics, nail technology, or electrology is taught or practiced unless the person holds a valid Board issued school, salon, or clinic license. It also is unlawful for a person to teach or practice these disciplines in such a facility if the owner or operator does not possess a valid license.

Provisions related to the licensure of out-of-state cosmetologist, esthetician, electrologist, or manicurist applicants are modified to make them consistent with requirements applicable to Kansas residents.

Increases are authorized in most of the maximum licensing and examination fees that the Board may impose. (The House Committee of the Whole amendment reduced the proposed maximum cosmetologist license renewal fee from $60 to $40.)

The Board specifically is authorized to reinspect licensed salons and clinics in accord with a schedule set by the Board upon its receipt of a complaint alleging that a salon or clinic is not being maintained in compliance with the applicable rules and regulations.

The Board is directed to provide training to inspectors to enable them to provide current information to school, salon, and clinical personnel regarding requirements of state laws and regulations.

• The bill makes it clear that all application and renewal fees are nonrefundable fees.

Other amendments relating to the various cosmetology practices are clarifying or technical in nature.

Licensed Permanent Color Technicians and

Tattoo Artists, and Body Piercers

• The definitions relating to persons licensed pursuant to K.S.A. 1997 Supp. 65-1940 et seq., are changed by the addition of several definitions and the deletion of others.



• Criminal penalties are created for violations of the licensing requirements under the act and for certain other specified violations of law.



• The Board is authorized to bring an action to enjoin any unlicensed person from engaging in permanent color technology, tattooing, or body piercing.



• A new provision allows an applicant for a license as either a permanent color technician and tattoo artist or a body piercer to complete required training and education under the supervision of a person who is subsequently licensed by the Board of Cosmetology.



• Sub. for H.B. 2609 creates a new statute that requires a person who teaches color technology, tattooing, or body piercing to have an annual trainer's license, sets out the qualifications for applicants for such licenses, and provides for renewal of the trainer's license.



• Another new statute created by the bill provides for a new license which is to be called an apprentice license. Any person who desires to practice tattooing and color technology or body piercing while completing a training program must apply for an apprentice license prior to beginning the training program and may only engage in the practice for which the apprentice license is issued under the supervision of the licensed trainer whose name is on the application form.



• A new statute resulting from Sub. for H.B. 2609 authorizes the issuance of a temporary license to practice as a tattoo artist and permanent color technologist or a body piercer for no more than 15 continuous days in Kansas. In order to qualify for a temporary license, an individual must submit an application at least 30 days prior to the time such person intends to practice in Kansas and pass a practical examination administered by the Board of Cosmetology.



• An expired license may only be renewed within six months of the expiration date on payment of the renewal fee and a delinquent renewal fee. Currently, there is no limitation on the time in which a delinquent license may be renewed.



• Amendments delete the requirement that the Secretary of Health and Environment approve any rules and regulations relating to the sterilization of tattooing and body piercing instruments prior to adoption of such rules by the Board of Cosmetology. An existing provision that authorizes the Board to carry out inspections of facilities of persons licensed under the act either separately or together with the Department of Health and Environment is amended to delete any reference to the Department.



• The statute that sets out the grounds for disciplinary action against a licensee is amended to include all branches of licensees in each of the actions that can trigger a disciplinary action and to add new grounds for disciplinary action.



• The law is changed from requiring an applicant for licensure being required to demonstrate safety, sanitation, and sterilization techniques by means of an inspection conducted by the Board to requiring the applicant to take a written examination and a practical examination.



• Several new license fees are created to reflect new licenses required by the bill and several fees are renamed to reflect changes in the law resulting from Sub. for H.B. 2609.



• Changes are made in the section of the law that "grandfathers" certain persons for licensing purposes.



• Many of the statutes are amended to make them cover both tattooists and permanent color technician and body piercers.

Background

Sub. for H.B. 2609 is the product of a subcommittee of the House Education Committee that undertook consideration of the issues raised in three bills: H.B. 2609, H.B. 2714, and H.B. 2720. As introduced, H.B. 2609 proposed to exempt from continuing education requirements licensed cosmetologists and licensed senior cosmetologists who practice cosmetology for ten hours or less per week and who have been licensed to practice in Kansas for 20 years or more.

H.B. 2714 was designed to do the following:

eliminate licensure continuing education requirements;

with regard to cosmetology instructor licensing, eliminate the 600 hours training alternative to the otherwise applicable requirement of one year of practice as a licensed cosmetologist and 300 hours of training;

eliminate the instructor's examination requirement;

require persons who inspect schools, salons, clinics, tanning facilities, tattoo parlors, and body piercing establishments to hold education classes for licensees in the region of the state served by the inspectors on not less than six separate occasions during any one year;

give inspectors investigative duties regarding complaints or violations;

require that licensed salons, clinics, tanning facilities, tattoo parlors, and body piercing establishments be inspected at least once in every two years and that schools be inspected at least three times per year; and

authorize new salons or clinics to operate when the application and fee have been sent to the State Board of Cosmetology (rather than having to wait until after an initial inspection).

Subsequent to a Legislative Post Audit report issued June 30, 1997, on the regulatory activities of the State Board of Cosmetology, H.B. 2720 was recommended by the Legislative Post Audit Committee and proposed the following changes:

assign all inspection functions for both the Boards of Cosmetology and Barbering to the Kansas Department of Health and Environment;

require the Secretary of Health and Environment to conduct periodic inspections of the facilities of persons licensed to practice tattooing or body piercing;

give the Administrative Officer of the Board of Barbering authority to employ office personnel only from the classified service (now, either classified or unclassified personnel are authorized);

change the composition of the Board of Cosmetology from five members to seven, including two members of the general public instead of one; and

provide for appointment of the Executive Director of the Board of Cosmetology by the Governor.

The House Education Committee and its subcommittee on these bills received testimony from Representative Peggy Long, spokespersons for the Board of Cosmetology and the Secretary of Health and Environment, and several Board of Cosmetology licensees, including both instructors and practitioners. Much of the testimony was critical of the continuing education requirements contained in the current law, but Board of Cosmetology membership and administrative issues, instructor preparation requirements, and salon or clinic inspection concerns also were discussed.

The amendments contained in the substitute bill represent compromises and agreements that were reached by the various parties and presented to the subcommittee of the House Education Committee which endorsed the proposals for presentation to the full Committee. The House Education Committee considered the amendments, made one change for clarification purposes, and recommended the substitute bill.

The Board of Cosmetology is fee supported. Various fee increases are authorized (but not required) in the amendments.

The House Committee of the Whole amendment reduced the proposed maximum cosmetologist license renewal fee from $60 to $40.

The Senate Committee amendments incorporate many of the provisions of H.B. 2910 into Sub. for H.B. 2609, thereby expanding the bill to include the other act administered by the Board of Cosmetology that concerns tattoo and permanent color technologists and body piercers.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/fulltext-bill.html.