Sub. for H.B. 2609 pertains to the State Board of Cosmetology and to various of the persons and practices regulated by the Board. The bill amends two separate acts, both of which are administered by the Board of Cosmetology.
Board of Cosmetology--Organization
The membership of the Board of Cosmetology is increased from five to seven members by adding a member who is a licensed permanent color technician and tattoo artist or a licensed body piercer and an additional member of the general public.
The Governor, rather than the Board of Cosmetology, is to appoint the Executive Director who will serve at the pleasure of the Governor.
The Board, rather than the Executive Director, is authorized to designate persons other than the Executive Director to handle the Board's funds.
The requirement that the Executive Director of the Board of Cosmetology be a practicing cosmetologist who meets the education qualifications required of an instructor is deleted.
The Board is authorized to issue cease and desist orders against persons violating a Board order; to seek an injunction against persons practicing or teaching without a valid license; and to assess fines of up to $1,000 for violations of shop sanitary requirements, violations of the law or Board orders, alcohol or drug abuse behavior which endangers the public, conviction of a felony unless rehabilitation is demonstrated satisfactorily, use of bribery or misrepresentation to obtain a license, false or deceptive advertising, failure to display the annual license or inspection report, or being found guilty of gross negligence or unprofessional conduct.
Cosmetology, Esthetics, Nail Technology, and
Electrology Schools and Instructors
The alternative instructor training for cosmetology school instructors, manicuring instructors, and esthetics instructors is deleted from the law leaving the training requirement at 300 hours of instructor training plus a prior year's licensed practice and satisfactory completion of an examination.
The instructor's examination is to be a written examination only.
The bill clarifies that instruction of all nail technology students, rather than just part-time students, must be completed within six months after the student's enrollment.
The Board of Cosmetology is authorized to issue instructor licenses that expire in less than two years in order to coordinate instructor and practice license renewal dates.
License Renewal for Cosmetologists, Cosmetology
Technicians, Nail Technology, and
A person who was formerly licensed as a cosmetologist, a cosmetology technician, an esthetician, an electrologist, or a manicurist and whose license expired on or after July 1, 1996, and was not renewed, may obtain reinstatement of the license until July 1, 1999.
A person currently licensed as a cosmetologist, cosmetology technician, esthetician, electrologist, or manicurist on inactive status is deemed licensed on active status. Upon application for renewal of the license, the person will be issued a license which does not indicate inactive status.
A licensee may have a license reinstated within six months after the license expiration date. The current law is limited to 90 days.
Other Cosmetology Licensing and Regulatory Matters
It is made unlawful to own or operate a school, salon, or clinic where cosmetology, esthetics, nail technology, or electrology is taught or practiced unless the person holds a valid Board issued school, salon, or clinic license. It also is unlawful for a person to teach or practice these disciplines in such a facility if the owner or operator does not possess a valid license.
Provisions related to the licensure of out-of-state cosmetologist, esthetician, electrologist, or manicurist applicants are modified to make them consistent with requirements applicable to Kansas residents.
Increases are authorized in most of the maximum licensing and examination fees that the Board may impose. (The House Committee of the Whole amendment reduced the proposed maximum cosmetologist license renewal fee from $60 to $40.)
The Board specifically is authorized to reinspect licensed salons and clinics in accord with a schedule set by the Board upon its receipt of a complaint alleging that a salon or clinic is not being maintained in compliance with the applicable rules and regulations.
The Board is directed to provide training to inspectors to enable them to provide current information to school, salon, and clinical personnel regarding requirements of state laws and regulations.
Other amendments relating to the various cosmetology practices are clarifying or technical in nature.
Licensed Permanent Color Technicians and
Tattoo Artists, and Body Piercers
Sub. for H.B. 2609 is the product of a subcommittee of the House Education Committee that undertook consideration of the issues raised in three bills: H.B. 2609, H.B. 2714, and H.B. 2720. As introduced, H.B. 2609 proposed to exempt from continuing education requirements licensed cosmetologists and licensed senior cosmetologists who practice cosmetology for ten hours or less per week and who have been licensed to practice in Kansas for 20 years or more.
H.B. 2714 was designed to do the following:
eliminate licensure continuing education requirements;
with regard to cosmetology instructor licensing, eliminate the 600 hours training alternative to the otherwise applicable requirement of one year of practice as a licensed cosmetologist and 300 hours of training;
eliminate the instructor's examination requirement;
require persons who inspect schools, salons, clinics, tanning facilities, tattoo parlors, and body piercing establishments to hold education classes for licensees in the region of the state served by the inspectors on not less than six separate occasions during any one year;
give inspectors investigative duties regarding complaints or violations;
require that licensed salons, clinics, tanning facilities, tattoo parlors, and body piercing establishments be inspected at least once in every two years and that schools be inspected at least three times per year; and
authorize new salons or clinics to operate when the application and fee have been sent to the State Board of Cosmetology (rather than having to wait until after an initial inspection).
Subsequent to a Legislative Post Audit report issued June 30, 1997, on the regulatory activities of the State Board of Cosmetology, H.B. 2720 was recommended by the Legislative Post Audit Committee and proposed the following changes:
assign all inspection functions for both the Boards of Cosmetology and Barbering to the Kansas Department of Health and Environment;
require the Secretary of Health and Environment to conduct periodic inspections of the facilities of persons licensed to practice tattooing or body piercing;
give the Administrative Officer of the Board of Barbering authority to employ office personnel only from the classified service (now, either classified or unclassified personnel are authorized);
change the composition of the Board of Cosmetology from five members to seven, including two members of the general public instead of one; and
provide for appointment of the Executive Director of the Board of Cosmetology by the Governor.
The House Education Committee and its subcommittee on these bills received testimony from Representative Peggy Long, spokespersons for the Board of Cosmetology and the Secretary of Health and Environment, and several Board of Cosmetology licensees, including both instructors and practitioners. Much of the testimony was critical of the continuing education requirements contained in the current law, but Board of Cosmetology membership and administrative issues, instructor preparation requirements, and salon or clinic inspection concerns also were discussed.
The amendments contained in the substitute bill represent compromises and agreements that were reached by the various parties and presented to the subcommittee of the House Education Committee which endorsed the proposals for presentation to the full Committee. The House Education Committee considered the amendments, made one change for clarification purposes, and recommended the substitute bill.
The Board of Cosmetology is fee supported. Various fee increases are authorized (but not required) in the amendments.
The House Committee of the Whole amendment reduced the proposed maximum cosmetologist license renewal fee from $60 to $40.
The Senate Committee amendments incorporate many of the provisions of H.B. 2910 into Sub. for H.B. 2609, thereby expanding the bill to include the other act administered by the Board of Cosmetology that concerns tattoo and permanent color technologists and body piercers.
1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/fulltext-bill.html.