KS
Kansas House Bill HB2125

Kansas 2023-2024 Regular Session

Kansas House Bill HB2125 Compare Versions

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1+Session of 2023
12 HOUSE BILL No. 2125
2-AN ACT concerning health and healthcare; relating to the practice of cosmetology and
3-barbering; powers, duties and functions of the Kansas state board of cosmetology;
4-requiring certain administrative actions to be in accordance with the Kansas
5-administrative procedure act and reviewable under the Kansas judicial review act;
6-providing for charitable event permits and demonstration permits to provide
7-tattooing, cosmetic tattooing or body piercing services; authorizing cease and desist
8-orders against unlicensed providers of tattooing, cosmetic tattooing or body piercing
9-services; requiring tattoo artists, cosmetic tattoo artists and body piercers to keep case
10-history cards for three years instead of five years; exempting adult care homes from
11-statutes governing cosmetology and barbering facilities; amending K.S.A. 65-1904a,
12-65-1941, 65-1946 and 74-1807 and repealing the existing sections.
3+By Committee on Commerce, Labor and Economic Development
4+1-20
5+AN ACT concerning the Kansas state board of cosmetology; relating to
6+powers, duties and functions thereof; requiring certain administrative
7+actions to be in accordance with the Kansas administrative procedure
8+act and reviewable under the Kansas judicial review act; providing for
9+charitable event permits and demonstration permits to provide
10+tattooing, cosmetic tattooing or body piercing services; authorizing
11+cease and desist orders against unlicensed providers of tattooing,
12+cosmetic tattooing or body piercing services; amending K.S.A. 65-1941
13+and repealing the existing section.
1314 Be it enacted by the Legislature of the State of Kansas:
14-New Section 1. (a) For all professions regulated by the Kansas
15-state board of cosmetology pursuant to K.S.A. 65-1940 through 65-
16-1954, and amendments thereto, the board shall conduct any action in
17-any administrative proceeding in accordance with the Kansas
18-administrative procedure act. Such actions shall be reviewable in
19-accordance with the Kansas judicial review act. Judicial review shall be
20-taken if the petitioner files with the clerk of the reviewing court a bond
21-with a sufficient surety, conditioned on the payment of all assessed
22-costs, if the decision of the board is sustained. If appellate review of the
23-district court's decision is sought in accordance with K.S.A. 77-623,
24-and amendments thereto, then the board shall not be required to give a
25-bond on such review.
26-(b) For all professions regulated by the board pursuant to K.S.A.
27-65-1940 through 65-1954, and amendments thereto, if the board's order
28-in any administrative proceeding under K.S.A. 65-1940 through 65-
29-1954, and amendments thereto, is adverse to the applicant, apprentice
30-or licensee, then the costs incurred by the board in conducting any
31-investigation or proceeding under the Kansas administrative procedure
32-act may be assessed against the parties to the proceeding in such
33-proportion as the board may determine upon consideration of all
34-relevant circumstances, including the nature of the proceeding and the
35-level of participation by the parties. If the board is not the prevailing
36-party in any such action, then such costs shall be paid from the
37-cosmetology fee fund.
38-(c) The board shall include any assessment of costs incurred as
39-part of a final order rendered in a proceeding. The order shall include
40-findings and conclusions in support of the assessment of costs.
41-(d) For purposes of this section, "costs incurred" includes, but is
42-not limited to:
15+New Section 1. (a) For all professions regulated by the Kansas state
16+board of cosmetology pursuant to K.S.A. 65-1940 through 65-1954, and
17+amendments thereto, the board shall conduct any action in any
18+administrative proceeding in accordance with the Kansas administrative
19+procedure act. Such actions shall be reviewable in accordance with the
20+Kansas judicial review act. Judicial review shall be taken if the petitioner
21+files with the clerk of the reviewing court a bond with a sufficient surety,
22+conditioned on the payment of all assessed costs, if the decision of the
23+board is sustained. If appellate review of the district court's decision is
24+sought in accordance with K.S.A. 77-623, and amendments thereto, then
25+the board shall not be required to give a bond on such review.
26+(b) For all professions regulated by the board pursuant to K.S.A. 65-
27+1940 through 65-1954, and amendments thereto, if the board's order in any
28+administrative proceeding under K.S.A. 65-1940 through 65-1954, and
29+amendments thereto, is adverse to the applicant, apprentice or licensee,
30+then the costs incurred by the board in conducting any investigation or
31+proceeding under the Kansas administrative procedure act may be assessed
32+against the parties to the proceeding in such proportion as the board may
33+determine upon consideration of all relevant circumstances, including the
34+nature of the proceeding and the level of participation by the parties. If the
35+board is not the prevailing party in any such action, then such costs shall
36+be paid from the cosmetology fee fund.
37+(c) The board shall include any assessment of costs incurred as part
38+of a final order rendered in a proceeding. The order shall include findings
39+and conclusions in support of the assessment of costs.
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76+(d) For purposes of this section, "costs incurred" includes, but is not
77+limited to:
4378 (1) Presiding officer fees and expenses, only if the board has
4479 designated or retained the services of an independent contractor or the
4580 office of administrative hearings to perform presiding officer functions;
4681 (2) costs of preparing any transcripts;
4782 (3) reasonable investigative costs;
4883 (4) witness fees and expenses; and
4984 (5) mileage, travel expenses and subsistence allowances of board
5085 employees and fees and expenses of agents of the board who provide
5186 services under K.S.A. 74-2702, and amendments thereto.
52-(e) All moneys collected by the board following or arising from
53-board proceedings shall be remitted to the state treasurer in accordance
54-with K.S.A. 75-4215, and amendments thereto. Upon receipt of each
55-such remittance, the state treasurer shall deposit the entire amount into
56-the state treasury to the credit of the cosmetology fee fund.
57-(f) This section shall be a part of and supplemental to K.S.A. 65-
58-1940 through 65-1954, and amendments thereto.
59-New Sec. 2. (a) Any person may apply to the Kansas state board
60-of cosmetology for a charitable event permit. Any such application
61-shall be on a form and in a manner approved by the board and
62-accompanied by the fee established under K.S.A. 65-1950, and
63-amendments thereto.
87+(e) All moneys collected by the board following or arising from board
88+proceedings shall be remitted to the state treasurer in accordance with
89+K.S.A. 75-4215, and amendments thereto. Upon receipt of each such
90+remittance, the state treasurer shall deposit the entire amount into the state
91+treasury to the credit of the cosmetology fee fund.
92+(f) This section shall be a part of and supplemental to K.S.A. 65-1940
93+through 65-1954, and amendments thereto.
94+New Sec. 2. (a) Any person may apply to the Kansas state board of
95+cosmetology for a charitable event permit. Any such application shall be
96+on a form and in a manner approved by the board and accompanied by the
97+fee established under K.S.A. 65-1950, and amendments thereto.
6498 (b) The board may grant a charitable event permit for any event at
65-any location in the state of Kansas where persons licensed by the board
66-to practice any profession regulated under K.S.A. 65-1940 through 65- HOUSE BILL No. 2125—page 2
67-1954, and amendments thereto, will provide services authorized under
68-K.S.A. 65-1940 through 65-1954, and amendments thereto, at no cost
69-to recipients. Any charitable event permit granted under this section
70-shall expire not later than 30 days after issuance by the board.
99+any location in the state of Kansas where persons licensed by the board to
100+practice any profession regulated under K.S.A. 65-1940 through 65-1954,
101+and amendments thereto, will provide services authorized under K.S.A.
102+65-1940 through 65-1954, and amendments thereto, at no cost to
103+recipients. Any charitable event permit granted under this section shall
104+expire not later than 30 days after issuance by the board.
71105 (c) The board shall adopt rules and regulations as necessary to
72-implement and administer this section. Such rules and regulations shall
73-be adopted on or before December 31, 2023.
106+implement and administer this section.
74107 (d) As used in this section:
75108 (1) "Charitable event" means an event conducted for a charitable
76-purpose, whether indoors or outdoors, that is held at a specified time
77-and location where services are provided by licensed practitioners at no
78-cost to recipients, as a charity to recipients, or charitable causes
79-approved by the board.
109+purpose, whether indoors or outdoors, that is held at a specified time and
110+location where services are provided by licensed practitioners at no cost to
111+recipients, as a charity to recipients, or charitable causes approved by the
112+board.
80113 (2) "Charitable purpose" means any purpose that promotes, or
81114 purports to promote, directly or indirectly, the well-being, in general or
82115 limited to certain activities, endeavors or projects, of the public at large,
83116 any number of persons or any humane purpose.
84-(e) This section shall be a part of and supplemental to K.S.A. 65-
85-1940 through 65-1954, and amendments thereto.
86-New Sec. 3. (a) Any person may apply to the Kansas state board
87-of cosmetology for a demonstration permit. Any such application shall
88-be on a form and in a manner approved by the board and accompanied
89-by the fee established under K.S.A. 65-1950, and amendments thereto.
117+(e) This section shall be a part of and supplemental to K.S.A. 65-1940
118+through 65-1954, and amendments thereto.
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162+New Sec. 3. (a) Any person may apply to the Kansas state board of
163+cosmetology for a demonstration permit. Any such application shall be on
164+a form and in a manner approved by the board and accompanied by the fee
165+established under K.S.A. 65-1950, and amendments thereto.
90166 (b) (1) The board may grant a demonstration permit to a person to
91-provide services authorized under K.S.A. 65-1940 through 65-1954,
92-and amendments thereto, at a state or national convention, an
93-establishment licensed by the Kansas state board of cosmetology or any
94-other event location approved by the board. If a person who applies for
95-a demonstration permit to provide such services is not licensed in this
96-state, the board may grant a demonstration permit if:
167+provide services authorized under K.S.A. 65-1940 through 65-1954, and
168+amendments thereto, at a state or national convention or as a guest artist at
169+an establishment licensed by the Kansas state board of cosmetology, if:
97170 (A) Such person is licensed to practice such profession regulated
98171 under K.S.A. 65-1940 through 65-1954, and amendments thereto, in
99172 another state or jurisdiction; and
100173 (B) such license has not been revoked, suspended or conditioned
101174 from the practice of such profession.
102175 (2) If an application for a demonstration permit is submitted by a
103176 citizen of a foreign country who has not been issued a social security
104-number and who has not been licensed by any other state, the board
105-shall not require the applicant to submit a social security number and
106-shall instead accept a valid visa or passport identification number.
107-(3) Any demonstration permit issued under this section shall
108-expire not later than 14 days after issuance of the board.
177+number and who has not been licensed by any other state, the board shall
178+not require the applicant to submit a social security number and shall
179+instead accept a valid visa or passport identification number.
180+(3) Any demonstration permit issued under this section shall expire
181+not later than 14 days after issuance of the board.
109182 (c) The board shall adopt rules and regulations as necessary to
110-implement and administer this section. Such rules and regulations shall
111-be adopted on or before December 31, 2023.
183+implement and administer this section.
112184 (d) This section shall be a part of and supplemental to K.S.A. 65-
113185 1940 through 65-1954, and amendments thereto.
114-Sec. 4. K.S.A. 65-1904a is hereby amended to read as follows: 65-
115-1904a. (a) Any licensed cosmetologist, esthetician, electrologist,
116-manicurist, or person desiring to establish a salon or clinic shall make
117-application, on a form provided, to the Kansas state board of
118-cosmetology, accompanied by the new salon or clinic license fee
119-established under K.S.A. 65-1904, and amendments thereto. Upon
120-filing of the application, the board shall inspect the equipment as to
121-safety and sanitary condition of the premises and if the equipment and
122-premises are found to comply with the rules and regulations of the
123-secretary of health and environment and the rules and regulations of the
124-Kansas state board of cosmetology, the board shall issue a new salon or
125-clinic license. An adult care home, as defined in K.S.A. 39-923, and
126-amendments thereto, or a long-term care unit of a medical care facility,
127-as defined in K.S.A. 65-425, and amendments thereto, shall be
128-exempted from the provisions of this section.
129-(b) Nothing herein contained in this section shall be construed as
130-preventing any licensed cosmetologist, manicurist, esthetician or HOUSE BILL No. 2125—page 3
131-electrologist from practicing in the field for which licensed in such
132-licensee's private home or residence if the home or residence complies
133-with rules and regulations of the secretary and the state board. A
134-licensed cosmetologist, manicurist, esthetician or electrologist may
135-provide services in the field in which licensed in a place other than the
136-licensed salon or clinic or a private home or residence of the licensed
137-cosmetologist, manicurist, esthetician or electrologist. Excluding
138-services provided by a licensed cosmetologist, manicurist, esthetician
139-or electrologist in a health care healthcare facility, hospital or nursing
140-home adult care home or in the residence of a person requiring home
141-care arising from physical or mental disabilities, in order to provide
142-such services, such licensed cosmetologist, manicurist, esthetician or
143-electrologist shall:
144-(1) Be employed in a salon or clinic or in the licensed
145-cosmetologist's, manicurist's, esthetician's or electrologist's private
146-home or residence for at least 51% of the total hours per week
147-employed; and shall
148-(2) attest by affidavit that such cosmetology, manicuring, esthetics
149-or electrology services shall be provided only in the residence or office
150-of the person receiving services.
151-(c) Licensed salons and clinics may be reinspected in accordance
152-with a schedule determined by the board by rules and regulations or
153-upon a complaint made to the board that such salon or clinic is not
154-being maintained in compliance with rules and regulations of the board.
155-The license shall expire one year from the last day of the month of its
156-issuance. Any such license may be renewed upon application
157-accompanied by the salon or clinic license renewal fee made to the
158-board prior to the expiration date of the license. Any license may be
159-renewed by the applicant within 60 days after the date of expiration of
160-the last license upon payment of the annual renewal fee plus the
161-delinquent renewal fee.
162-(d) On or after July 1, 2014, Salon and clinic renewal application
163-fees will shall be prorated to reflect an expiration date one year from
164-the last day of the month of the initial issuance of the license.
165-Sec. 5. K.S.A. 65-1941 is hereby amended to read as follows: 65-
166-1941. (a) No person, including a tattoo artist, cosmetic tattoo artist or
167-body piercer, shall perform tattooing, cosmetic tattooing or body
168-piercing on another person, display a sign or in any other way advertise
169-or purport to be a tattoo artist, cosmetic tattoo artist or body piercer
170-unless that person holds a valid license issued by the board. This act
171-does not prevent or affect the use of tattooing, cosmetic tattooing or
172-body piercing by a physician, a person under the control and
173-supervision of a physician, a licensed dentist, a person under the
174-control and supervision of a licensed dentist, or an individual
175-performing tattooing, cosmetic tattooing or body piercing solely on
176-such individual's body.
177-(b) Violation of subsection (a) is a class A nonperson
178-misdemeanor.
179-(c) The board may bring an action to enjoin any person required to
180-be licensed under K.S.A. 65-1940 through 65-1954, and amendments
181-thereto, from practicing body piercing, tattooing or cosmetic tattooing
182-if such person does not hold a currently valid license authorizing the
183-person to engage in such practice. The board may bring an action to
184-enjoin any person from operating an establishment required to be
185-licensed under K.S.A. 65-1940 through 65-1954, and amendments
186-thereto, if such person does not hold a currently valid establishment
187-license.
188-(d) The board may order the remedying of any violations of rules
189-and regulations of the board or any provision of this act, and the board
190-may issue a cease and desist order upon board determination that the
191-holder of a license a person has violated any order of the board, any
192-rules and regulations of the board or any provision of K.S.A. 65-1940
193-through 65-1954, and amendments thereto.
194-Sec. 6. K.S.A. 65-1946 is hereby amended to read as follows: 65- HOUSE BILL No. 2125—page 4
195-1946. Licensed practicing tattoo artists, cosmetic tattoo artists and body
196-piercers shall meet the following standards and any others the board
197-may adopt by rules and regulations:
198-(a) Tattoo artists, cosmetic tattoo artists and body piercers, and
199-their establishments shall comply with all applicable sanitation
200-standards adopted by the secretary pursuant to K.S.A. 65-1,148, and
201-amendments thereto;
202-(b) practicing tattoo artists, cosmetic tattoo artists and body
203-piercers shall be equipped with appropriate sterilizing equipment, with
204-availability of hot and cold running water and a covered waste
205-receptacle; and
206-(c) case history cards shall be kept for each client for a period of
207-five three years.
208-Sec. 7. K.S.A. 74-1807 is hereby amended to read as follows: 74-
209-1807. (a) Upon presentation of proper credentials, any member of the
210-board, the administrative officer or the board's inspectors shall have the
211-authority to enter, inspect and enforce rules and regulations pertaining
212-to barber shops, barber schools or barber colleges at any time during
213-business hours.
214-(b) The provisions of this section shall not include or apply to an
215-adult care home, as defined in K.S.A. 39-923, and amendments thereto,
216-or a long-term care unit of a medical care facility, as defined in K.S.A.
217-65-425, and amendments thereto.
218-Sec. 8. K.S.A. 65-1904a, 65-1941, 65-1946 and 74-1807 are
219-hereby repealed.
220-Sec. 9. This act shall take effect and be in force from and after its
186+Sec. 4. K.S.A. 65-1941 is hereby amended to read as follows: 65-
187+1941. (a) No person, including a tattoo artist, cosmetic tattoo artist or body
188+piercer, shall perform tattooing, cosmetic tattooing or body piercing on
189+another person, display a sign or in any other way advertise or purport to
190+be a tattoo artist, cosmetic tattoo artist or body piercer unless that person
191+holds a valid license issued by the board. This act does not prevent or
192+affect the use of tattooing, cosmetic tattooing or body piercing by a
193+physician, a person under the control and supervision of a physician, a
194+licensed dentist, a person under the control and supervision of a licensed
195+dentist, or an individual performing tattooing, cosmetic tattooing or body
196+piercing solely on such individual's body.
197+(b) Violation of subsection (a) is a class A nonperson misdemeanor.
198+(c) The board may bring an action to enjoin any person required to be
199+licensed under K.S.A. 65-1940 through 65-1954, and amendments thereto,
200+from practicing body piercing, tattooing or cosmetic tattooing if such
201+person does not hold a currently valid license authorizing the person to
202+engage in such practice. The board may bring an action to enjoin any
203+person from operating an establishment required to be licensed under
204+K.S.A. 65-1940 through 65-1954, and amendments thereto, if such person
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248+does not hold a currently valid establishment license.
249+(d) The board may order the remedying of any violations of rules and
250+regulations of the board or any provision of this act, and the board may
251+issue a cease and desist order upon board determination that the holder of a
252+license a person has violated any order of the board, any rules and
253+regulations of the board or any provision of K.S.A. 65-1940 through 65-
254+1954, and amendments thereto.
255+Sec. 5. K.S.A. 65-1941 is hereby repealed.
256+Sec. 6. This act shall take effect and be in force from and after its
221257 publication in the statute book.
222-I hereby certify that the above BILL originated in the House,
223-and passed that body
224-HOUSE concurred in
225-SENATE amendments __________________________________________________________________
226-
227-
228-Speaker of the House.
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231-Chief Clerk of the House.
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233-Passed the SENATE
234- as amended
235-
236-President of the Senate.
237-
238-Secretary of the Senate.
239-APPROVED ______________________________________________________________________________
240-
241-Governor.
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