Kansas 2023-2024 Regular Session

Kansas House Bill HB2408 Compare Versions

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11 Session of 2023
22 HOUSE BILL No. 2408
33 By Committee on Health and Human Services
44 2-10
55 AN ACT concerning health and healthcare; relating to the practice of
66 barbering and cosmetology; exempting adult care homes from statutes
77 governing barbering and cosmetology facilities; amending K.S.A. 65-
88 1904a and 74-1807 and repealing the existing sections.
99 Be it enacted by the Legislature of the State of Kansas:
1010 Section 1. K.S.A. 65-1904a is hereby amended to read as follows: 65-
1111 1904a. (a) Any licensed cosmetologist, esthetician, electrologist,
1212 manicurist, or person desiring to establish a salon or clinic shall make
1313 application, on a form provided, to the Kansas state board of cosmetology,
1414 accompanied by the new salon or clinic license fee established under
1515 K.S.A. 65-1904, and amendments thereto. Upon filing of the application,
1616 the board shall inspect the equipment as to safety and sanitary condition of
1717 the premises and if the equipment and premises are found to comply with
1818 the rules and regulations of the secretary of health and environment and
1919 the rules and regulations of the Kansas state board of cosmetology, the
2020 board shall issue a new salon or clinic license. An adult care home, as
2121 defined in K.S.A. 39-923, and amendments thereto, or a long-term care
2222 unit of a medical care facility, as defined in K.S.A. 65-425, and
2323 amendments thereto, shall be exempted from the provisions of this section
2424 (b) Nothing herein contained in this section shall be construed as
2525 preventing any licensed cosmetologist, manicurist, esthetician or
2626 electrologist from practicing in the field for which licensed in such
2727 licensee's private home or residence if the home or residence complies
2828 with rules and regulations of the secretary and the state board. A licensed
2929 cosmetologist, manicurist, esthetician or electrologist may provide services
3030 in the field in which licensed in a place other than the licensed salon or
3131 clinic or a private home or residence of the licensed cosmetologist,
3232 manicurist, esthetician or electrologist. Excluding services provided by a
3333 licensed cosmetologist, manicurist, esthetician or electrologist in a health
3434 care healthcare facility, hospital or nursing home adult care home or in the
3535 residence of a person requiring home care arising from physical or mental
3636 disabilities, in order to provide such services, such licensed cosmetologist,
3737 manicurist, esthetician or electrologist shall:
3838 (1) Be employed in a salon or clinic or in the licensed
3939 cosmetologist's, manicurist's, esthetician's or electrologist's private home
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7676 or residence for at least 51% of the total hours per week employed; and
7777 shall
7878 (2) attest by affidavit that such cosmetology, manicuring, esthetics or
7979 electrology services shall be provided only in the residence or office of the
8080 person receiving services.
8181 (c) Licensed salons and clinics may be reinspected in accordance with
8282 a schedule determined by the board by rules and regulations or upon a
8383 complaint made to the board that such salon or clinic is not being
8484 maintained in compliance with rules and regulations of the board. The
8585 license shall expire one year from the last day of the month of its issuance.
8686 Any such license may be renewed upon application accompanied by the
8787 salon or clinic license renewal fee made to the board prior to the expiration
8888 date of the license. Any license may be renewed by the applicant within 60
8989 days after the date of expiration of the last license upon payment of the
9090 annual renewal fee plus the delinquent renewal fee.
9191 (d) On or after July 1, 2014, Salon and clinic renewal application fees
9292 will shall be prorated to reflect an expiration date one year from the last
9393 day of the month of the initial issuance of the license.
9494 Sec. 2. K.S.A. 74-1807 is hereby amended to read as follows: 74-
9595 1807. (a) Upon presentation of proper credentials, any member of the
9696 board, the administrative officer or the board's inspectors shall have the
9797 authority to enter, inspect and enforce rules and regulations pertaining to
9898 barber shops, barber schools or barber colleges at any time during business
9999 hours.
100100 (b) The provisions of this section shall not include or apply to an
101101 adult care home, as defined in K.S.A. 39-923, and amendments thereto, or
102102 a long-term care unit of a medical care facility, as defined in K.S.A. 65-
103103 425, and amendments thereto.
104104 Sec. 3. K.S.A. 65-1904a and 74-1807 are hereby repealed.
105105 Sec. 4. This act shall take effect and be in force from and after its
106106 publication in the statute book.
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