Brief (1)
SB 513, as amended by House Committee of the Whole, creates an exception to the definition of cosmetology. The exception makes it clear those persons providing the service defined as not constituting the practice of cosmetology are not engaging in an act that is reserved only for persons licensed to practice cosmetology and are not subject to regulation by the Board of Cosmetology so long as they comply with requirements set out in a new section of the bill added by the House Committee. Service that results in tension on hair strands or roots by twisting, wrapping, extending, locking, or braiding by hand or mechanical device, as long as the service does not include the use 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, is not to be considered a part of the practice of cosmetology.
Pursuant to the new section added to SB 513 by the House Committee, those persons who engage in providing services that result in tension on hair strands without being required to be a licensed cosmetologist must comply with the requirements set out in a brochure on infection control techniques prepared by the Behavioral Sciences Regulatory Board, complete the self test contained in the brochure, and keep the self test available at the site at which the services are provided. The House Committee of the Whole amendment makes it clear that a licensed cosmetologist may perform the services that are excluded from the definition of cosmetology.
SB 513 was further amended by the House Committee and the House Committee of the Whole to amend another statute, KSA 65-1904a, to allow a licensed cosmetologist to provide cosmetology services in the home or office of a customer. In order to be eligible to provide services in the customer's home or office, the applicant must be employed in a cosmetology salon or clinic or in his own home or residence for at least 51 percent of the total hours per week the cosmetologist is employed and furnish an affidavit that cosmetology services will be provided only in a customer's own home or office.
Background
Introduction of SB 513 in its original form was precipitated by an action of the Board of Cosmetology in 1999 that shut down a hair braiding booth at the Kansas City Renaissance Festival for a part of the Festival. Hair braiding had been performed at the Festival by persons who are not licensed cosmetologists for the past 23 years. The action of the Board was based on the interpretation of the Board of Cosmetology that braiding constitutes the practice of cosmetology and therefore can only be performed by a licensed cosmetologist in a licensed cosmetology salon. During the Committee hearing the practice of cornrowing, an ethnic practice of African Americans and a form of braiding, was brought to the attention of the Committee as a practice that would also fall under the Board's interpretation of the cosmetology laws. The latter is a practice that is being taught to young people in order to preserve an ethnic and cultural heritage as well as a service provided by persons who are familiar with the process.
The bill was supported by the women who have provided hair braiding at the Renaissance Festival, by a Topeka physician, and by a representative of the Kansas Public Policy Institute. Opposition was expressed by a member of the Board of Cosmetology, the owner of a cosmetology school, several cosmetology students, several owners of cosmetology salons, and the owner of a beauty supply business. Written testimony in opposition to the bill was submitted by a Sedgwick County Commissioner, a cosmetology instructor, and a representative of the Kansas Public Health Association. Written testimony in support of the bill was submitted by a member of the House of Representatives.
The House Committee amended the provisions of HB 2875 relating to providing cosmetology services in the home or office of a customer into SB 513.
The fiscal note on SB 513 indicates passage of the bill would have no fiscal impact on the Board of Cosmetology. *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/bill_search.html