Session of 2023
HOUSE BILL No. 2125
By Committee on Commerce, Labor and Economic Development
1-20
AN ACT concerning the Kansas state board of cosmetology; relating to
powers, duties and functions thereof; requiring certain administrative
actions to be in accordance with the Kansas administrative procedure
act and reviewable under the Kansas judicial review act; providing for
charitable event permits and demonstration permits to provide
tattooing, cosmetic tattooing or body piercing services; authorizing
cease and desist orders against unlicensed providers of tattooing,
cosmetic tattooing or body piercing services; amending K.S.A. 65-1941
and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) For all professions regulated by the Kansas state
board of cosmetology pursuant to K.S.A. 65-1940 through 65-1954, and
amendments thereto, the board shall conduct any action in any
administrative proceeding in accordance with the Kansas administrative
procedure act. Such actions shall be reviewable in accordance with the
Kansas judicial review act. Judicial review shall be taken if the petitioner
files with the clerk of the reviewing court a bond with a sufficient surety,
conditioned on the payment of all assessed costs, if the decision of the
board is sustained. If appellate review of the district court's decision is
sought in accordance with K.S.A. 77-623, and amendments thereto, then
the board shall not be required to give a bond on such review.
(b) For all professions regulated by the board pursuant to K.S.A. 65-
1940 through 65-1954, and amendments thereto, if the board's order in any
administrative proceeding under K.S.A. 65-1940 through 65-1954, and
amendments thereto, is adverse to the applicant, apprentice or licensee,
then the costs incurred by the board in conducting any investigation or
proceeding under the Kansas administrative procedure act may be assessed
against the parties to the proceeding in such proportion as the board may
determine upon consideration of all relevant circumstances, including the
nature of the proceeding and the level of participation by the parties. If the
board is not the prevailing party in any such action, then such costs shall
be paid from the cosmetology fee fund.
(c) The board shall include any assessment of costs incurred as part
of a final order rendered in a proceeding. The order shall include findings
and conclusions in support of the assessment of costs.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36 HB 2125 2
(d) For purposes of this section, "costs incurred" includes, but is not
limited to:
(1) Presiding officer fees and expenses, only if the board has
designated or retained the services of an independent contractor or the
office of administrative hearings to perform presiding officer functions;
(2) costs of preparing any transcripts;
(3) reasonable investigative costs;
(4) witness fees and expenses; and
(5) mileage, travel expenses and subsistence allowances of board
employees and fees and expenses of agents of the board who provide
services under K.S.A. 74-2702, and amendments thereto.
(e) All moneys collected by the board following or arising from board
proceedings shall be remitted to the state treasurer in accordance with
K.S.A. 75-4215, and amendments thereto. Upon receipt of each such
remittance, the state treasurer shall deposit the entire amount into the state
treasury to the credit of the cosmetology fee fund.
(f) This section shall be a part of and supplemental to K.S.A. 65-1940
through 65-1954, and amendments thereto.
New Sec. 2. (a) Any person may apply to the Kansas state board of
cosmetology for a charitable event permit. Any such application shall be
on a form and in a manner approved by the board and accompanied by the
fee established under K.S.A. 65-1950, and amendments thereto.
(b) The board may grant a charitable event permit for any event at
any location in the state of Kansas where persons licensed by the board to
practice any profession regulated under K.S.A. 65-1940 through 65-1954,
and amendments thereto, will provide services authorized under K.S.A.
65-1940 through 65-1954, and amendments thereto, at no cost to
recipients. Any charitable event permit granted under this section shall
expire not later than 30 days after issuance by the board.
(c) The board shall adopt rules and regulations as necessary to
implement and administer this section.
(d) As used in this section:
(1) "Charitable event" means an event conducted for a charitable
purpose, whether indoors or outdoors, that is held at a specified time and
location where services are provided by licensed practitioners at no cost to
recipients, as a charity to recipients, or charitable causes approved by the
board.
(2) "Charitable purpose" means any purpose that promotes, or
purports to promote, directly or indirectly, the well-being, in general or
limited to certain activities, endeavors or projects, of the public at large,
any number of persons or any humane purpose.
(e) This section shall be a part of and supplemental to K.S.A. 65-1940
through 65-1954, and amendments thereto.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2125 3
New Sec. 3. (a) Any person may apply to the Kansas state board of
cosmetology for a demonstration permit. Any such application shall be on
a form and in a manner approved by the board and accompanied by the fee
established under K.S.A. 65-1950, and amendments thereto.
(b) (1) The board may grant a demonstration permit to a person to
provide services authorized under K.S.A. 65-1940 through 65-1954, and
amendments thereto, at a state or national convention or as a guest artist at
an establishment licensed by the Kansas state board of cosmetology, if:
(A) Such person is licensed to practice such profession regulated
under K.S.A. 65-1940 through 65-1954, and amendments thereto, in
another state or jurisdiction; and
(B) such license has not been revoked, suspended or conditioned
from the practice of such profession.
(2) If an application for a demonstration permit is submitted by a
citizen of a foreign country who has not been issued a social security
number and who has not been licensed by any other state, the board shall
not require the applicant to submit a social security number and shall
instead accept a valid visa or passport identification number.
(3) Any demonstration permit issued under this section shall expire
not later than 14 days after issuance of the board.
(c) The board shall adopt rules and regulations as necessary to
implement and administer this section.
(d) This section shall be a part of and supplemental to K.S.A. 65-
1940 through 65-1954, and amendments thereto.
Sec. 4. K.S.A. 65-1941 is hereby amended to read as follows: 65-
1941. (a) No person, including a tattoo artist, cosmetic tattoo artist or body
piercer, shall perform tattooing, cosmetic tattooing or body piercing on
another person, display a sign or in any other way advertise or purport to
be a tattoo artist, cosmetic tattoo artist or body piercer unless that person
holds a valid license issued by the board. This act does not prevent or
affect the use of tattooing, cosmetic tattooing 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, or an individual performing tattooing, cosmetic tattooing or body
piercing solely on such individual's body.
(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. 65-1940 through 65-1954, and amendments thereto,
from practicing body piercing, tattooing or cosmetic tattooing 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 an establishment required to be licensed under
K.S.A. 65-1940 through 65-1954, and amendments thereto, if such person
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2125 4
does not hold a currently valid establishment 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 a person has violated any order of the board, any rules and
regulations of the board or any provision of K.S.A. 65-1940 through 65-
1954, and amendments thereto.
Sec. 5. K.S.A. 65-1941 is hereby repealed.
Sec. 6. This act shall take effect and be in force from and after its
publication in the statute book.
1
2
3
4
5
6
7
8
9
10