Boards of Cosmetology and Barbering—Body Art Permits and Exemption for
Adult Care Homes; HB 2125
HB 2125 amends law related to tattooing, cosmetic tattooing, and body piercing and
exempts adult care homes and long-term care units of medical care facilities from statutes
governing barbering and cosmetology. The bill authorizes the Kansas State Board of
Cosmetology (Board) to create and issue charitable event permits and demonstration permits,
requires 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, allows the Board to issue cease and desist orders to persons who are not license holders,
and shortens the time period certain case history cards must be retained by licensees.
Tattooing, Cosmetic Tattooing, and Body Piercing
Administrative Proceedings and Appeals
The bill requires the Board to conduct administrative proceedings in accordance with the
Kansas Administrative Procedure Act and makes actions in any administrative proceeding
reviewable in accordance with the Kansas Judicial Review Act.
The bill states judicial review shall be taken if a petitioner appealing an order of the
Board files a bond with the reviewing court conditioned on payment of assessed costs if the
decision of the Board is sustained. The Board will 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 may be
assessed against the party or parties to the proceeding. If the Board is not the prevailing party,
then costs incurred shall be paid from the Cosmetology Fee Fund. The Board is 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 defines “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.
Kansas Legislative Research Department 1 2023 Summary of Legislation Moneys collected by the Board from administrative proceedings will be deposited in the
Cosmetology Fee Fund.
Charitable Event Permit
The bill creates a charitable event permit under which licensees will be able to provide
tattooing, cosmetic tattooing, or body piercing services at no cost to recipients at the charitable
event. The charitable event permit expires 30 days after issuance by the Board.
The bill defines “charitable event” to mean an event conducted for a charitable purpose
held at a specific time and location. The bill defines “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 requires the Board to adopt, on or before December 31, 2023, rules and
regulations necessary for the charitable event permit.
Demonstration Permit
The bill creates a demonstration permit which authorizes 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 requires 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.
The demonstration permit expires 14 days after issuance by the Board.
The bill requires the Board to adopt, on or before December 31, 2023, rules and
regulations necessary for the demonstration permit.
Cease and Desist Orders
The bill amends 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, as well as to licensees. Current law allows the Board to issue cease
and desist orders only to licensees.
Kansas Legislative Research Department 2 2023 Summary of Legislation Case History Card Retention
The bill shortens 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 exempts 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;
●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 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 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”
does not include a hospice that is certified to participate in the Medicare program and that
provides services only to hospice patients.
Kansas Legislative Research Department 3 2023 Summary of Legislation