SESSION OF 2023
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2125
As Amended by Senate Committee on Public
Health and Welfare
Brief*
HB 2125, as amended, would amend law related to
tattooing, cosmetic tattooing, and body piercing and exempt
adult care homes and long-term care units of a medical care
facilities from statutes governing barbering and cosmetology.
The bill would authorize the Kansas State Board of
Cosmetology (Board) to create and issue charitable event
permits and demonstration permits, require the Board’s
administrative proceedings to be conducted in accordance
with the Kansas Administrative Procedure Act and be
reviewable in accordance with the Kansas Judicial Review
Act, allow the Board to issue cease and desist orders to
persons who are not license holders, and shorten the time
period certain case history cards must be retained by
licensees.
Tattooing, Cosmetic Tattooing, and Body Piercing
Administrative Proceedings and Appeals
The bill would require the Board to conduct
administrative proceedings in accordance with the Kansas
Administrative Procedure Act, and actions in any
administrative proceeding would be reviewable in accordance
with the Kansas Judicial Review Act.
The bill states judicial review would be taken if a
petitioner appealing an order of the Board files a bond with
____________________
*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.kslegislature.org the reviewing court conditioned on payment of assessed
costs if the decision of the Board is sustained. The Board
would not be required to file any bond.
The bill states if an administrative order of the Board is
adverse to an applicant, apprentice, or licensee, costs
incurred for any investigation or administrative proceeding
could be assessed against the party or parties to the
proceeding. If the Board is not the prevailing party, then costs
incurred would be paid from the Cosmetology Fee Fund. The
Board would be required to include any assessment of costs
incurred as part of its final order, along with findings and
conclusions in support of the assessment.
The bill would define “costs incurred” to include, but not
be limited to:
●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;
●Costs of preparing any transcripts;
●Reasonable investigation costs;
●Witness fees and expenses; and
●Mileage, travel expenses, and subsistence
allowances of Board employees and fees and
expenses of agents of the Board who provide
services.
Moneys collected by the Board from administrative
proceedings would be deposited in the Cosmetology Fee
Fund.
2- 2125 Charitable Event Permit
The bill would create a charitable event permit under
which licensees would be able to provide tattooing, cosmetic
tattooing, or body piercing services at no cost to recipients at
the charitable event. The charitable event permit would expire
30 days after issuance by the Board.
The bill would define “charitable event” to mean an
event conducted for a charitable purpose held at a specific
time and location. The bill would define “charitable purpose”
to mean 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.
The bill would require the Board to adopt rules and
regulations for the charitable event permit on or before
December 31, 2023.
Demonstration Permit
The bill would create a demonstration permit which
would authorize a person to provide tattooing, cosmetic
tattooing, or body piercing services at a state or national
convention or any other event location approved by the
Board, or as a guest artist at an establishment licensed by the
Board, if:
●The person performing the services is licensed to
perform such profession in another jurisdiction; and
●The license has not been revoked, suspended, or
conditioned from the practice of such profession.
The bill would require the Board to accept a valid visa or
passport identification number for an applicant who is a
citizen of a foreign country, has not been issued a Social
Security number, and has not been licensed by another state.
3- 2125 The demonstration permit would expire 14 days after
issuance by the Board.
The bill would require the Board to adopt rules and
regulations for the demonstration permit on or before
December 31, 2023.
Cease and Desist Orders
The bill would amend law to allow the Board to issue
cease and desist orders to a person who is not a license
holder upon a determination that such person has violated an
order or a rule or regulation of the Board. Current law only
allows the Board to issue cease and desist orders to
licensees.
Case History Card Retention
The bill would shorten the time period tattoo artists,
cosmetic tattoo artists, and body piercers are required to
retain case history cards for clients from five years to three
years.
Exemptions from Acts Regulating Cosmetologists and
Barbers
Exemptions
The bill would exempt adult care homes and long-term
care units of medical care facilities from:
●Making application to establish a salon or clinic
with the Board of Cosmetology;
●Paying the new salon or clinic license fee;
●Submitting to inspection of equipment as to safety
and sanitary condition of the premises;
4- 2125 ●Holding a salon or clinic license as issued by the
Board of Cosmetology; and
●Submitting to inspection by the Kansas Board of
Barbering.
Definitions
The provisions would apply to an “adult care home,”
defined in continuing law as any nursing facility, nursing
facility for mental health, intermediate care facility for people
with intellectual disability, assisted living facility, residential
healthcare facility, home plus, boarding care home, and adult
day care facility, all of which are classifications of adult care
homes and are required to be licensed by the Secretary for
Aging and Disability Services.
The provisions would also apply to a “medical care
facility,” defined in continuing law as a hospital, ambulatory
surgical center, or recuperation center, except that “medical
care facility” would not include a hospice that is certified to
participate in the Medicare program and that provides
services only to hospice patients.
The bill would also make technical changes.
Background
The bill was introduced by the House Committee on
Commerce, Labor, and Economic Development at the
request of Representative Proctor. The Senate Committee on
Public Health and Welfare amended the bill to add the
contents of HB 2408.
5- 2125 HB 2125 (Tattooing, Cosmetic Tattooing, and Body
Piercing)
House Committee on Commerce, Labor and Economic
Development
In the House Committee hearing on the bill, proponent
testimony was provided by Representative Proctor and the
Chairperson of the Board. The proponents stated the bill
would allow the Board to issue charitable event and
demonstration permits which would bring revenue to local
towns and communities that choose to host a qualifying
event, such as a tattoo convention. They also stated the bill
would allow the Board to issue cease and desist orders
against unlicensed persons providing body art services.
No other testimony was provided.
The House Committee amended the bill to require the
Board to adopt rules and regulations on or before December
31, 2023, and to clarify that demonstration permits may be
granted for any event location approved by the Board.
House Committee of the Whole
The House Committee of the Whole amended the bill to
reduce the required case history card retention time period.
Senate Committee on Public Health and Welfare
In the Senate Committee hearing on March 7, 2023,
proponent testimony was provided Representative Proctor
and a representative of the Board, who generally stated the
bill would authorize the Board to issue charitable event or
demonstration event permits to artists licensed in other
jurisdictions to provide services Kansas on a limited basis.
No other testimony was provided.
6- 2125 The Senate Committee amended the bill to insert the
contents of HB 2408, as recommended by the House
Committee on Health and Human Services.
HB 2408 (Exemptions from Acts Regulating
Cosmetologists and Barbers)
House Committee on Health and Human Services
In the House Committee hearing, proponent testimony
was provided by representatives of LeadingAge Kansas and
the Kansas Department for Aging and Disability Services
(KDADS), who generally stated the bill represents a
compromise between KDADS and the Board and would
reduce regulations for adult care homes, who are routinely
inspected by KDADS to ensure areas used for cosmetology
purposes are clean and meet basic regulatory requirements.
No other testimony was provided.
Senate Committee on Public Health and Welfare
In the Senate Committee hearing on March 14, 2023,
proponent testimony was provided jointly by representatives
of the Kansas Department for Aging and Disability Services
and the Board, and by a representative of LeadingAge
Kansas. The proponents generally stated the bill would clarify
that KDADS would be responsible for regulating and
inspecting the beauty and barbershop areas of adult care
homes and long-term care care units of medical care facilities
Written-only proponent testimony was provided by a
representative of Kansas Hospital Association.
No other testimony was provided.
7- 2125 The Senate Committee inserted the contents of HB
2408, as recommended by the House Committee on Health
and Human Services, into HB 2125.
Fiscal Information
HB 2125 (Tattooing, Cosmetic Tattooing, and Body
Piercing)
According to the fiscal note prepared by the Division of
the Budget on HB 2125, as introduced, the Board indicates its
current administrative staff would work with surrounding
states and licensees to create administrative rules and
regulations, and its current facility inspectors would inspect
convention sites for health, sanitation, and licensure. The
agency estimates enactment of the bill could result in
additional revenues of $37,500 in FY 2024. The estimate is
based on five conventions with an issuance of 100
demonstration permits per convention, with each permit
costing $75 (5 x $75 x 100 = $37,500). The agency is unable
to estimate the fiscal effect of issuing the charitable event
permits. The agency indicates it would need to hire 1.00 FTE
Senior Administrative Specialist position at a cost of $40,000
from its Cosmetology Fee Fund. The agency indicates the
additional revenue generated under the bill and its existing
revenues would cover any additional expenditures and no
additional funding would be required.
The Kansas Judicial Branch indicates enactment of the
bill would make the Board’s administrative actions subject to
judicial review which would require filing of bonds and
allowing the Board to bring court actions to enforce rules and
regulations. The provisions of the bill would increase time
spent by district court judicial and nonjudicial personnel in
processing, researching, and hearing cases. The bill could
result in collection of additional docket fees that would be
deposited into the State General Fund. The agency indicates
that it is unable to estimate a fiscal effect.
8- 2125 Any fiscal effect associated with the bill is not reflected
in The FY 2024 Governor’s Budget Report.
The Kansas Association of Counties and the League of
Kansas Municipalities indicate enactment of the bill would
have no fiscal effect.
HB 2408 (Exemptions from Acts Regulating
Cosmetologists and Barbers)
According to the fiscal note prepared by the Division of
the Budget on HB 2408, the Board of Cosmetology currently
inspects approximately 200 salons and clinics in adult care
homes. The bill would exempt the salons and clinics from
receiving inspections as well as having to pay the $50 annual
renewal fee. The loss in renewal fees would reduce the
Board’s fee revenue by $10,000, specifically reducing
revenue to the Cosmetology Fee Fund by $9,000 and the
State General Fund by $1,000. The Board of Cosmetology
would also experience a reduction in inspection expenditures
but is unable to estimate the fiscal effect.
The Kansas Board of Barbering indicates since it does
not have any shops, schools, or colleges in adult care homes
or long-term care units, the bill’s provisions would not have a
fiscal effect on the Board. The Department of Health and
Environment indicates the bill would not have a fiscal effect.
Any fiscal effect associated with enactment of HB 2408
is not reflected in The FY 2024 Governor’s Budget Report.
Kansas State Board of Cosmetology; charitable event permit; demonstration permit;
tattooing; cosmetic tattooing; body piercing; Kansas Administrative Procedure Act;
Kansas Judicial Review Act; cease and desist orders; case history card retention;
adult care homes; long-term care; board of cosmetology; Board of Barbering
9- 2125