Session of 2023
HOUSE BILL No. 2408
By Committee on Health and Human Services
2-10
AN ACT concerning health and healthcare; relating to the practice of
barbering and cosmetology; exempting adult care homes from statutes
governing barbering and cosmetology facilities; amending K.S.A. 65-
1904a and 74-1807 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. 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
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
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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. 2. 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. 3. K.S.A. 65-1904a and 74-1807 are hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.
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