1 | 1 | | Session of 2023 |
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2 | 2 | | HOUSE BILL No. 2408 |
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3 | 3 | | By Committee on Health and Human Services |
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4 | 4 | | 2-10 |
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5 | 5 | | AN ACT concerning health and healthcare; relating to the practice of |
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6 | 6 | | barbering and cosmetology; exempting adult care homes from statutes |
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7 | 7 | | governing barbering and cosmetology facilities; amending K.S.A. 65- |
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8 | 8 | | 1904a and 74-1807 and repealing the existing sections. |
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9 | 9 | | Be it enacted by the Legislature of the State of Kansas: |
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10 | 10 | | Section 1. K.S.A. 65-1904a is hereby amended to read as follows: 65- |
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11 | 11 | | 1904a. (a) Any licensed cosmetologist, esthetician, electrologist, |
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12 | 12 | | manicurist, or person desiring to establish a salon or clinic shall make |
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13 | 13 | | application, on a form provided, to the Kansas state board of cosmetology, |
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14 | 14 | | accompanied by the new salon or clinic license fee established under |
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15 | 15 | | K.S.A. 65-1904, and amendments thereto. Upon filing of the application, |
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16 | 16 | | the board shall inspect the equipment as to safety and sanitary condition of |
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17 | 17 | | the premises and if the equipment and premises are found to comply with |
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18 | 18 | | the rules and regulations of the secretary of health and environment and |
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19 | 19 | | the rules and regulations of the Kansas state board of cosmetology, the |
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20 | 20 | | board shall issue a new salon or clinic license. An adult care home, as |
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21 | 21 | | defined in K.S.A. 39-923, and amendments thereto, or a long-term care |
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22 | 22 | | unit of a medical care facility, as defined in K.S.A. 65-425, and |
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23 | 23 | | amendments thereto, shall be exempted from the provisions of this section |
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24 | 24 | | (b) Nothing herein contained in this section shall be construed as |
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25 | 25 | | preventing any licensed cosmetologist, manicurist, esthetician or |
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26 | 26 | | electrologist from practicing in the field for which licensed in such |
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27 | 27 | | licensee's private home or residence if the home or residence complies |
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28 | 28 | | with rules and regulations of the secretary and the state board. A licensed |
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29 | 29 | | cosmetologist, manicurist, esthetician or electrologist may provide services |
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30 | 30 | | in the field in which licensed in a place other than the licensed salon or |
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31 | 31 | | clinic or a private home or residence of the licensed cosmetologist, |
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32 | 32 | | manicurist, esthetician or electrologist. Excluding services provided by a |
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33 | 33 | | licensed cosmetologist, manicurist, esthetician or electrologist in a health |
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34 | 34 | | care healthcare facility, hospital or nursing home adult care home or in the |
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35 | 35 | | residence of a person requiring home care arising from physical or mental |
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36 | 36 | | disabilities, in order to provide such services, such licensed cosmetologist, |
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37 | 37 | | manicurist, esthetician or electrologist shall: |
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38 | 38 | | (1) Be employed in a salon or clinic or in the licensed |
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39 | 39 | | cosmetologist's, manicurist's, esthetician's or electrologist's private home |
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75 | 75 | | 36 HB 2408 2 |
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76 | 76 | | or residence for at least 51% of the total hours per week employed; and |
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77 | 77 | | shall |
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78 | 78 | | (2) attest by affidavit that such cosmetology, manicuring, esthetics or |
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79 | 79 | | electrology services shall be provided only in the residence or office of the |
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80 | 80 | | person receiving services. |
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81 | 81 | | (c) Licensed salons and clinics may be reinspected in accordance with |
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82 | 82 | | a schedule determined by the board by rules and regulations or upon a |
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83 | 83 | | complaint made to the board that such salon or clinic is not being |
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84 | 84 | | maintained in compliance with rules and regulations of the board. The |
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85 | 85 | | license shall expire one year from the last day of the month of its issuance. |
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86 | 86 | | Any such license may be renewed upon application accompanied by the |
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87 | 87 | | salon or clinic license renewal fee made to the board prior to the expiration |
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88 | 88 | | date of the license. Any license may be renewed by the applicant within 60 |
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89 | 89 | | days after the date of expiration of the last license upon payment of the |
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90 | 90 | | annual renewal fee plus the delinquent renewal fee. |
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91 | 91 | | (d) On or after July 1, 2014, Salon and clinic renewal application fees |
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92 | 92 | | will shall be prorated to reflect an expiration date one year from the last |
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93 | 93 | | day of the month of the initial issuance of the license. |
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94 | 94 | | Sec. 2. K.S.A. 74-1807 is hereby amended to read as follows: 74- |
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95 | 95 | | 1807. (a) Upon presentation of proper credentials, any member of the |
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96 | 96 | | board, the administrative officer or the board's inspectors shall have the |
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97 | 97 | | authority to enter, inspect and enforce rules and regulations pertaining to |
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98 | 98 | | barber shops, barber schools or barber colleges at any time during business |
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99 | 99 | | hours. |
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100 | 100 | | (b) The provisions of this section shall not include or apply to an |
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101 | 101 | | adult care home, as defined in K.S.A. 39-923, and amendments thereto, or |
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102 | 102 | | a long-term care unit of a medical care facility, as defined in K.S.A. 65- |
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103 | 103 | | 425, and amendments thereto. |
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104 | 104 | | Sec. 3. K.S.A. 65-1904a and 74-1807 are hereby repealed. |
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105 | 105 | | Sec. 4. This act shall take effect and be in force from and after its |
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106 | 106 | | publication in the statute book. |
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