HOUSE BILL No. 2125
AN ACT concerning health and healthcare; relating to the practice of cosmetology and
barbering; powers, duties and functions of the Kansas state board of cosmetology;
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; requiring tattoo artists, cosmetic tattoo artists and body piercers to keep case
history cards for three years instead of five years; exempting adult care homes from
statutes governing cosmetology and barbering facilities; amending K.S.A. 65-1904a,
65-1941, 65-1946 and 74-1807 and repealing the existing sections.
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.
(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- HOUSE BILL No. 2125—page 2
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. Such rules and regulations shall
be adopted on or before December 31, 2023.
(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.
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, an
establishment licensed by the Kansas state board of cosmetology or any
other event location approved by the board. If a person who applies for
a demonstration permit to provide such services is not licensed in this
state, the board may grant a demonstration permit 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. Such rules and regulations shall
be adopted on or before December 31, 2023.
(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. 65-1904a is hereby amended to read as follows: 65-
1904a. (a) Any licensed cosmetologist, esthetician, electrologist,
manicurist, or person desiring to establish a salon or clinic shall make
application, on a form provided, to the Kansas state board of
cosmetology, accompanied by the new salon or clinic license fee
established under K.S.A. 65-1904, and amendments thereto. Upon
filing of the application, the board shall inspect the equipment as to
safety and sanitary condition of the premises and if the equipment and
premises are found to comply with the rules and regulations of the
secretary of health and environment and the rules and regulations of the
Kansas state board of cosmetology, the board shall issue a new salon or
clinic license. An adult care home, as defined in K.S.A. 39-923, and
amendments thereto, or a long-term care unit of a medical care facility,
as defined in K.S.A. 65-425, and amendments thereto, shall be
exempted from the provisions of this section.
(b) Nothing herein contained in this section shall be construed as
preventing any licensed cosmetologist, manicurist, esthetician or HOUSE BILL No. 2125—page 3
electrologist from practicing in the field for which licensed in such
licensee's private home or residence if the home or residence complies
with rules and regulations of the secretary and the state board. A
licensed cosmetologist, manicurist, esthetician or electrologist may
provide services in the field in which licensed in a place other than the
licensed salon or clinic or a private home or residence of the licensed
cosmetologist, manicurist, esthetician or electrologist. Excluding
services provided by a licensed cosmetologist, manicurist, esthetician
or electrologist in a health care healthcare facility, hospital or nursing
home adult care home or in the residence of a person requiring home
care arising from physical or mental disabilities, in order to provide
such services, such licensed cosmetologist, manicurist, esthetician or
electrologist shall:
(1) Be employed in a salon or clinic or in the licensed
cosmetologist's, manicurist's, esthetician's or electrologist's private
home or residence for at least 51% of the total hours per week
employed; and shall
(2) attest by affidavit that such cosmetology, manicuring, esthetics
or electrology services shall be provided only in the residence or office
of the person receiving services.
(c) Licensed salons and clinics may be reinspected in accordance
with a schedule determined by the board by rules and regulations or
upon a complaint made to the board that such salon or clinic is not
being maintained in compliance with rules and regulations of the board.
The license shall expire one year from the last day of the month of its
issuance. Any such license may be renewed upon application
accompanied by the salon or clinic license renewal fee made to the
board prior to the expiration date of the license. Any license may be
renewed by the applicant within 60 days after the date of expiration of
the last license upon payment of the annual renewal fee plus the
delinquent renewal fee.
(d) On or after July 1, 2014, Salon and clinic renewal application
fees will shall be prorated to reflect an expiration date one year from
the last day of the month of the initial issuance of the license.
Sec. 5. 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 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. 6. K.S.A. 65-1946 is hereby amended to read as follows: 65- HOUSE BILL No. 2125—page 4
1946. Licensed practicing tattoo artists, cosmetic tattoo artists and body
piercers shall meet the following standards and any others the board
may adopt by rules and regulations:
(a) Tattoo artists, cosmetic tattoo artists and body piercers, and
their establishments shall comply with all applicable sanitation
standards adopted by the secretary pursuant to K.S.A. 65-1,148, and
amendments thereto;
(b) practicing tattoo artists, cosmetic tattoo artists and body
piercers shall be equipped with appropriate sterilizing equipment, with
availability of hot and cold running water and a covered waste
receptacle; and
(c) case history cards shall be kept for each client for a period of
five three years.
Sec. 7. K.S.A. 74-1807 is hereby amended to read as follows: 74-
1807. (a) Upon presentation of proper credentials, any member of the
board, the administrative officer or the board's inspectors shall have the
authority to enter, inspect and enforce rules and regulations pertaining
to barber shops, barber schools or barber colleges at any time during
business hours.
(b) The provisions of this section shall not include or apply to an
adult care home, as defined in K.S.A. 39-923, and amendments thereto,
or a long-term care unit of a medical care facility, as defined in K.S.A.
65-425, and amendments thereto.
Sec. 8. K.S.A. 65-1904a, 65-1941, 65-1946 and 74-1807 are
hereby repealed.
Sec. 9. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the House,
and passed that body
HOUSE concurred in
SENATE amendments __________________________________________________________________
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE
as amended
President of the Senate.
Secretary of the Senate.
APPROVED ______________________________________________________________________________
Governor.