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Kansas Statutes
65-1940. Licensure of tattooing and body piercing; definitions.
65-1941. Same; license required to perform certain activities or engage in certain advertising; exceptions; penalty; action to enjoin unauthorized activities; cease and desist orders.
65-1942. Same; prohibited acts; penalty.
65-1943. Same; application for licensure; fees established by rules and regulations of board; requirements for licensure.
65-1944. Same; address of place
of business, licensee to notify board in writing; license to be posted; record of address of licensed facility; notices to licensee; issuance
of license.
65-1945. Same; expiration, renewal suspension and reactivation of licenses; continuing education; rules and regulations.
65-1946. Same; standards for licensure.
65-1947. Same; grounds for revocation, suspension, refusal to issue or renew licenses; probation
of licensee.
65-1948. Same; powers and duties
of board.
65-1949. Same; education and training standards prescribed for practice, rules and regulations; inspection of establishments.
65-1950. Same; licensure; fees,
assessed by rules and regulations; qualifications; persons employed prior to effective date of act, examination.
65-1951. Same; moneys received
by board deposited in state treasury; credited to state general fund and cosmetology fee fund.
65-1952.
65-1953. Same; performance of body piercing or tattooing on persons under 18, written and notarized consent; penalties.
65-1954. Same; penalties; civil fines; costs and attorney fees; disposition of proceeds.
74-2701. Kansas state board of cosmetology; appointment; qualifications; terms; chairperson; executive director, treasurer; vacancies; oath.
Rules and Regulations
69-15-1 Definitions.
69-15-2 Approved course of
study.
69-15-3 Permanent color technician trainer, tattoo artist trainer, and body piercing technician trainer.
69-15-4 Out-of-state equivalent course of study.
69-15-5 Application for licensure by examination.
69-15-6 Application completion
and deadlines.
69-15-7 Examination for permanent color technicians, tattoo artists, or body piercing technicians.
69-15-8 Examination behavior.
69-15-9 Issuance and renewal
of licenses.
69-15-10 Display of license
and inspection certificate.
69-15-11 Inspections generated
by a complaint.
69-15-12 Continuing education
for license renewal.
69-15-13 Reporting continuing
education.
69-15-14 Permanent color,
tattoo, and body piercing facility licensing.
69-15-15 Permanent color technician,
tattoo artist, and body piercing technician practice standards; restrictions.
69-15-16 Facility standards.
69-15-17 Required equipment:
articles and materials.
69-15-18 Cleaning methods
prior to sterilization.
69-15-19 Instrument sterilization standards.
69-15-20 Approved sterilization
modes.
69-15-21 Handwashing and protective gloves.
69-15-22 Linens.
69-15-23 Clean instruments
and products storage.
69-15-24 Chemical storage.
69-15-25 Handling disposable
materials.
69-15-26 Waste receptacles.
69-15-27 Permanent color and
tattoo procedures.
69-15-28 Preparation and aftercare
of treatment area on client.
69-15-29 Body piercing procedures.
69-15-30 Fees.
Kansas Statutes
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65-1940. Licensure of tattooing and body piercing; definitions.
As used in this act, unless the context otherwise requires:
(a) "Board" means the Kansas state board of cosmetology or its designee.
(b) "Director" means the executive director of the board.
(c) "Department" means the department of health and environment.
(d) "Secretary" means the secretary of health and environment.
(e) "Tattoo artist" and "cosmetic tattoo artist" mean a person who practices tattooing or cosmetic tattooing or both pursuant to this act.
(f) "Body piercer" means a person engaged in the practice of body piercing pursuant to this act.
(g) "Body piercing" means puncturing the skin of a person by aid of needles designed or used to puncture the skin for the purpose of inserting removable jewelry through the human body, except puncturing the external part of the human earlobe shall not be included in this definition. This act shall not be construed to authorize a licensed body piercer to implant or embed foreign objects into the human body or otherwise to engage in the practice of medicine and surgery.
(h) "Physician" means a person licensed to practice medicine and surgery by the state board of healing arts.
(i) "Tattooing" means the process by which the skin is marked or colored by insertion of nontoxic dyes or pigments by use of a needle into or under the subcutaneous portion of the skin so as to form indelible marks for cosmetic or figurative purposes.
(j) "Tattoo establishment" means any room or space or any part thereof where tattooing is practiced or where the business of tattooing is conducted.
(k) "Body piercing establishment" means any room space, or any part thereof, where body piercing is practiced or where the business of body piercing is conducted.
(l) "Cosmetic tattooing" means the process by which the skin is marked or colored by insertion of nontoxic dyes or pigments into or under the subcutaneous portion of the skin, by use of a needle, so as to form indelible marks for cosmetic or figurative purposes.
(m) "Cosmetic tattooing establishment" means any room, space, or any part thereof, where cosmetic tattooing is practiced or where the business of cosmetic tattooing is conducted.
(n) "Court appointed guardian" means one who is appointed by a court and has legal authority and duty to care for another person, especially because of the other's infancy, incapacity or disability.
(o) "Needle" means a sharp, pointed implement used for the purpose of tattooing, cosmetic tattooing or body piercing. The term "needle" does not include any implements or objects altered to be used as needles.
(p) "Trainer" means a licensed individual who guides another in tattooing, cosmetic tattooing or body piercing.
(q) "Apprentice" means any person licensed by the board to engage in learning the practice of tattooing, cosmetic tattooing or body piercing.
History: L. 1996, ch. 138, § 1; L. 2001, ch. 193, § 2; L. 2008, ch. 108, § 11; July 1.
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65-1941. Same; license required to perform certain activities or engage in certain advertising; exceptions; penalty; action to enjoin unauthorized activities; cease and desist orders.
(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, 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 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.
History: L. 1996, ch. 138, § 2; L. 2001, ch. 193, § 3; L. 2008, ch. 108, § 12; July 1.
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65-1942. Same; prohibited acts; penalty.
(a) No person shall:
(1) Sell, barter or offer to sell or barter a license;
(2) purchase or procure by barter a license with intent to use it as evidence of the person's qualification to practice tattooing, cosmetic tattooing or body piercing;
(3) alter materially a license with fraudulent intent;
(4) use or attempt to use as a valid license a license which has been purchased, fraudulently obtained, counterfeited or materially altered; or
(5) willfully make a false, material statement in an application for licensure or for renewal of a license.
(b) A violation of subsection (a), and amendments thereto, is a class A nonperson misdemeanor.
(c) No person shall:
(1) produce an indelible mark or figure on the body of another by scarring using scalpels or other related equipment;
(2) produce an indelible mark or figure on the body of another by branding using a hot iron or other instrument; or
(3) use any other instrument other than a needle, as defined in K.S.A. 65-1940, and amendments thereto, for the purpose of tattooing, cosmetic tattooing or body piercing.
(d) A violation of any of the prohibitions in subsection (c) is a class A misdemeanor.
History: L. 1996, ch. 138, § 3; L. 2001, ch. 193, § 4; L. 2008, ch. 108, § 13; July 1.
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65-1943. Same; application for licensure; fees established by rules and regulations of board; requirements for licensure.
(a) An applicant for licensure shall pay a non-refundable fee established by rules and regulations adopted by the board and shall show to the satisfaction of the board that the applicant:
(1) Has complied with the provisions of this act and the applicable rules and regulations of the secretary;
(2) is not less than 18 years of age;
(3) has a high school diploma or equivalent education;
(4) has submitted evidence of completion of education or training prescribed and approved by the board as follows:
(A) A training program under the direct supervision of a licensed tattoo artist, cosmetic tattoo artist or body piercer approved and licensed as a trainer by the board, or another state, in the area of practice in which the person seeks licensure;
(B) has performed at least 50 completed procedures;
(C) pays a non-refundable application fee set by the board;
(D) provides verification of training;
(E) completes eight hours of continuing education, approved by the board, in infection control and blood-borne pathogens, in addition to the infection control curriculum requirement; and
(F) has successfully completed an examination approved, administered or recognized by the board.
(b) As a condition of annual license renewal, licensees shall complete five hours of continuing education, approved by the board, in infection control and blood-borne pathogens, in addition to paying any non-refundable renewal fee set by the board. Successfully completing the exam is not a substitute for continuing education requirements.
(c) If an applicant seeks renewal within six months after the expiration of the practitioner's license, the license may be renewed by submitting, within the six month late renewal period:
(1) The non-refundable renewal fee;
(2) the non-refundable delinquent fee; and
(3) documentation of completion of eight hours of continuing education, approved by the board, in infection control and blood-borne pathogens.
(d) If an applicant seeks renewal more than six months after the expiration of a practitioner's license, the license may be renewed by submitting:
(1) The application and application fee;
(2) the renewal fee;
(3) the delinquent fee; and
(4) documentation of completion of eight hours of continuing education, approved by the board, in infection control and blood-borne pathogens. The continuing education hours shall have been obtained within two months of the submission of the application and fees.
(e) An applicant seeking a license as a trainer shall:
(1) Pay any fees set by the board;
(2) concurrently maintain a practitioner's license;
(3) have no more than one apprentice at any time; and
(4) maintain direct supervision of the apprentice.
(f) All application, renewal and delinquent fees shall be non-refundable.
History: L. 1996, ch. 138, § 4; L. 2008, ch. 108, § 14; July 1.
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65-1944. Same; address of place
of business, licensee to notify board in writing; license to be posted; record of address of licensed facility; notices to licensee; issuance
of license.
(a) A person who holds a license shall notify the board in writing of the regular address of the licensed establishment where the person performs or intends to perform tattooing, cosmetic tattooing or body piercing and shall keep the license conspicuously posted in the establishment at all times.
(b) The board shall keep a record of the place or places of business of each person who holds a license.
(c) Any notice required to be given by the board to a person who holds a license may be given by mailing the notice to the address of the last place of business of which the person has notified the board.
(d) The board shall issue to each qualified applicant a license to operate a tattooing, cosmetic tattooing or body piercing establishment and to advertise tattooing, cosmetic tattooing or body piercing services for which the establishment is licensed.
(e) Each establishment for tattooing, cosmetic tattooing or body piercing shall conspicuously post the establishment's license in the establishment at all times.
History: L. 1996, ch. 138, § 5; L. 2008, ch. 108, § 15; July 1.
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65-1945. Same; expiration, renewal suspension and reactivation of licenses; continuing education; rules and regulations.
(a) Except as otherwise provided in this section, a license issued under K.S.A. 65-1950, and amendments thereto, expires one year after the date of issue unless renewed by payment of the required non-refundable renewal fee. If payment is transmitted by postal service, the envelope must be postmarked on or before the expiration of the license.
(b) All tattoo artists, cosmetic tattoo artists and body piercers must participate in continuing education, with guidelines and effective date to be established by rules and regulations of the board.
History: L. 1996, ch. 138, § 6; L. 2008, ch. 108, § 16; July 1.
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65-1946. Same; standards for licensure.
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 years.
History: L. 1996, ch. 138, § 7; L. 2002, ch. 187, § 15; L. 2008, ch. 108, § 17; July 1.
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65-1947. Same; grounds for revocation, suspension, refusal to issue or renew licenses; probation
of licensee.
(a) The board may revoke, censure, limit or condition, suspend, refuse to issue or renew any license issued under this act, or assess a fine, not to exceed $1,000 per violation, on any person or licensee upon proof that a person or licensee:
(1) Has been convicted of a violation under K.S.A. 65-1942, and amendments thereto;
(2) has been convicted of any felony offense in this or any other state and fails to demonstrate, to the board's satisfaction, that such person or licensee has been sufficiently rehabilitated to warrant the public's trust. The board may make recommendations to an applicant as to what constitutes proof of rehabilitation;
(3) has misrepresented, misstated or failed to disclose personal qualifications or other information necessary to practice tattooing, cosmetic tattooing or body piercing in any communication to the board;
(4) has used, caused or promoted the use of any advertising matter, promotional literature, warranty, label, insignia or any other representation, however disseminated or published, that is false, misleading or deceptive;
(5) has deceived the public by acting in a manner as to mislead clients as to the person's professional status;
(6) has employed directly or indirectly any suspended or unlicensed person to perform any tattooing, cosmetic tattooing or body piercing covered by this act;
(7) has obtained or attempted to obtain a license through fraud, bribery, deceit, misrepresentation, or other misconduct;
(8) has practiced tattooing, cosmetic tattooing or body piercing under a false, misleading or deceptive name;
(9) has failed, if a licensed tattoo artist, cosmetic tattoo artist or body piercer, to maintain a business address and telephone number at which the licensee may be reached during business hours;
(10) has failed, if a nonpracticing tattoo artist, cosmetic tattoo artist or body piercer, to provide the board with a home address and telephone number;
(11) has failed to properly and reasonably accept responsibility for the actions of employees;
(12) has practiced tattooing, cosmetic tattooing or body piercing with a mental or physical illness that affects ability to perform or endangers the public;
(13) has demonstrated gross incompetence in performing tattooing, cosmetic tattooing or body piercing;
(14) has become a danger to the public by reason of alcohol or drug abuse; or
(15) has violated any of the provisions of this act or rules and regulations adopted by the board pursuant to this act.
History: L. 1996, ch. 138, § 8; L. 2008, ch. 108, § 18; July 1.
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65-1948. Same; powers and duties
of board.
The powers and duties of the board as related to this act are as follows:
(a) To authorize all disbursements necessary to carry out the provisions of this act;
(b) to determine training and experience requirements for taking the examination and to supervise and administer examinations to test the knowledge of applicants for licensure;
(c) to license persons who apply to the board and who have qualified to practice tattooing, cosmetic tattooing or body piercing;
(d) to renew licenses;
(e) to appoint representatives to conduct or supervise the examination of applicants for licensure;
(f) to designate the time and place for examining applicants for licensure;
(g) to carry out, together with the department or separately, the periodic inspection of establishments of persons who are licensed to practice tattooing, cosmetic tattooing or body piercing;
(h) to issue a tattooing, cosmetic tattooing or body piercing establishment license to qualified applicants upon compliance with this act; and
(i) to appoint or employ subordinate employees.
History: L. 1996, ch. 138, § 9; L. 2008, ch. 108, § 19; July 1.
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65-1949. Same; education and training standards prescribed for practice, rules and regulations; inspection of establishments.
(a) The board shall adopt rules and regulations to prescribe education and training standards for each of the practices of tattooing, cosmetic tattooing and body piercing.
(b) An applicant seeking licensure as a tattoo artist, cosmetic tattoo artist or body piercer shall be required to demonstrate knowledge of safety and infection control techniques by means of a test conducted by the board.
(c) Each tattoo, cosmetic tattoo or body piercing establishment shall be inspected by the board to ensure that proper safety and infection control techniques are followed before an establishment license is issued.
History: L. 1996, ch. 138, § 10; L. 2008, ch. 108, § 20; July 1.
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65-1950. Same; licensure; fees,
assessed by rules and regulations; qualifications; persons employed prior to effective date of act, examination.
(a) The board shall assess, by rules and regulations adopted by the board, such non-refundable fees as are necessary to carry out the provisions of this act.
(b) The board shall license each applicant, without discrimination, who proves to the satisfaction of the board, fitness for such licensure as required by this act and upon payment of a non-refundable fee established by the board under this section. Except as
provided in K.S.A. 65-1945, and amendments thereto, the board shall issue to the applicant a license that expires one year after the date of issuance.
(c) The board shall establish all fees under this act. The fees and charges established under this section shall not exceed the cost of administering the regulatory program under this act pertaining to the purpose for which the fee or charge is established.
History: L. 1996, ch. 138, § 11; L. 2008, ch. 108, § 21; July 1.
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65-1951. Same; moneys received
by board deposited in state treasury; credited to state general fund and cosmetology fee fund.
65-1952.
The board, the director or a person authorized by the board shall remit all moneys received by or for it from fees, charges or penalties to the state treasurer in accordance with the provisions of K.S.A. 72-4215, and amendments thereto. Upon receipt of each such remittance the state treasurer shall deposit the entire amount in the state treasury. Ten percent of each such deposit shall be credited to the state general fund and the balance shall be credited to the cosmetology fee fund.
History: L. 1996, ch. 138, § 12; L. 2001, ch. 5, § 233; L. 2011, ch. 53, § 30; July 1.
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65-1953. Same; performance of body piercing or tattooing on persons under 18, written and notarized consent; penalties.
No person shall perform body piercing, cosmetic tattooing or tattooing on or to any person under 18 years of age without the prior written and notarized consent of the parent or court appointed guardian of such person and the person giving such consent must be present during the body piercing, cosmetic tattooing or tattooing procedure. The written permission and a copy of the letters of guardianship when such permission is given by a guardian, shall be retained by the person administering such body piercing, cosmetic tattooing or tattooing for a period of five years. Violation of this section is a class A misdemeanor.
History: L. 1996, ch. 138, § 14; L. 2001, ch. 193, § 5; L. 2008, ch. 108, § 22; July 1.
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65-1954. Same; penalties; civil fines; costs and attorney fees; disposition of proceeds.
(a) The board, in addition to any other penalty prescribed under the act governing tattoo artists, cosmetic tattoo artists or body piercers, may assess civil fines and costs, including attorney fees, after proper notice and an opportunity to be heard, against any person or entity for a violation of the statutes, rules and regulations or orders enforceable by the board in an amount not to exceed $5,000 for the first violation, $10,000 for the second violation and $15,000 for the third violation and for each subsequent violation.
(b) In determining the amount of penalty to be assessed pursuant to this section, the board may consider the following factors among others: (1) Willfulness of the violation; (2) repetitions of the violation; and (3) magnitude of the risk of harm caused by the violation.
(c) In addition to a civil penalty and costs, the board may assess investigation and hearing costs against any individual required to be licensed, pursuant to this act, for
proceedings which have resulted in a successful action by the board against the individual under K.S.A. 65-1947, and amendments thereto.
(d) All civil fines assessed and collected under this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the cosmetology fee fund. All costs assessed under this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
History: L. 1996, ch. 138, § 15; L. 2001, ch. 5, § 234; L. 2008, ch. 108, § 23; July 1.
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74-2701. Kansas state board of cosmetology; appointment; qualifications; terms; chairperson; executive director, treasurer; vacancies; oath.
(a) There is hereby created the Kansas state board of cosmetology, the members of which shall be appointed by the governor, to regulate the practice of the profession of cosmetology in Kansas. Not more than four members shall be of the same political party. Three members shall be licensed under the provisions of K.S.A. 65-1901 through 65-1912, and amendments thereto, at least two of whom shall be licensed cosmetologists; one member shall be a licensed permanent color technician and tattoo artist or a licensed body piercer; one member shall be an owner and licensed operator of a tanning facility; one member shall be a person who holds a valid school license issued by the board or a person who is engaged in the day-to-day operation of a school licensed by the board; and two members shall represent the general public interest. If none of the licensed cosmetologist members of the board is an African-American, at least one member representing the general public interest shall be an African-American. No manufacturer, wholesaler or retailer of cosmetic supplies or equipment used by the profession of cosmetology, or any representative of such manufacturer, wholesaler or retailer, shall become a member of the board.
(b) Members of the board serving prior to the effective date of this act may be reappointed as provided in this section. Of the members first appointed to the board on and after the effective date of this act, two members shall be appointed for terms of one year, two members shall be appointed for terms of two years and three members shall be appointed for terms of three years. Thereafter each member of the board shall be appointed for a term of three years, and until a successor is appointed and qualifies. The board shall annually select a chairperson from its membership.
(c) The governor shall appoint an executive director who shall serve at the pleasure of the governor. The executive director shall also be the treasurer of the board and shall keep a record of the proceedings and perform such other duties as the board shall direct.
(d) When a vacancy occurs by death or resignation, appointees to the board shall have the prescribed qualifications. All vacancies in the board shall be filled by the governor for
the unexpired terms. The members of the board shall take the oath of office prescribed for public officers before entering upon the discharge of their duties.
History: L. 1927, ch. 245, § 4; L. 1961, ch. 385, § 1; L. 1963, ch. 316, § 4; L. 1967, ch. 434, § 34; L. 1969, ch. 370, § 1; L. 1978, ch. 308, § 60; L. 1981, ch. 249, § 4; L. 1992, ch. 262, § 10; L. 1996, ch. 138, § 16; L. 1998, ch. 160, § 13; L. 2002, ch. 187, § 16; July 1.
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Rules and Regulations
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69-15-1 Definitions.
The definitions of terms used in article 15 are as follows.
a. "Antiseptic" means a product used to stop or inhibit the growth of bacteria.
b. "Clean" means the absence of soil and dirt.
c. "Closed book" means without aid from or availability of written material.
d. "Communicable disease or condition" means diseases or conditions diagnosed by a licensed physician as being contagious or transmissible, as defined in K.A.R. 28-1-2.
e. "Completed procedure" means, for the purposes of determining qualification for licensure, a tattoo that has been finished, including any touchups or additional work following initial healing, and releasing the client from service, as follows.
1. Figurative tattooing includes outlining and shading a new design on a client, or a different client, using different sizes or configurations of needles.
2. Cosmetic tattooing includes eyeliner, eyebrows, lip liner, full lip color, repigmentation, or camouflage but does not include beauty marks.
f. "Demonstration permit" means a license that has been issued to an applicant from another state for a period of time not to exceed 15 days, under which a person may practice in any licensed facility.
g. "Easily accessible" means having unrestricted use or availability, or easy to approach or enter.
h. "Enclosed storage area" means a separate room, closet, cupboard, or cabinet.
i. "Equivalent" means comparable but not identical, and covering the same subject matter.
j. "Gross incompetence" means a serious lack of ability, legal qualification, or fitness to perform one's duty effectively.
k. "High-level disinfectant" means a chemical agent that has demonstrated tuberculocidal activity.
l. "Instruments" means needles, probes, forceps, hemostats, or tweezers.
m. "Linens" means cloths or towels used for draping or protecting a table or similar functions.
n. "Low-level disinfectant" means a chemical agent that has demonstrated bactericidal, germicidal, fungicidal, and limited virucidal activity.
o. "Needle" means either of the following:
1. the implement used to insert dyes or pigments into the dermis of the skin during permanent color or tattoo procedures; or
2. the implement used to pierce or puncture a hole in any part of the human body for the purpose of inserting jewelry or other objects.
p. "Needle bar" means the metal or plastic device used to attach the needle to a tattoo machine.
q. "Official transcript" means a document certified by a school on a form approved and prescribed by the department of education or other regulating authority, indicating the hours and types of coursework, examinations, and scores that were completed by a student.
r. "One year of work experience" means a total of 12 full calendar months, but not necessarily within the same calendar year or consecutively.
s. "Operatory" means the isolated field in which treatment or services are provided.
t. "Piercing gun" means a hand-held tool manufactured exclusively for piercing the earlobe, into which studs and clutches are placed and inserted into the earlobe by a hand-squeezed or spring-loaded action to create a permanent hole. The tool shall be made of plastic, stainless steel, or other material that is able to be disinfected.
u. "Place or places of business" means each name, mailing address, and location, not a post office box, where the licensee or applicant for license performs services.
v. "Premises" means the entire building or structure within which services are performed.
w. "Probation" means continuation of licensure under special conditions set by the board.
x. "Protective gloves" means gloves made of vinyl or latex.
y. "Public view" means open to view and easy for the public to see.
z. "Reactivate" means to change an expired license to an active license.
aa. "Reciprocity" means eligibility for licensure based on board approval of a training program that an applicant completed in another state.
bb. "Renew" means to extend a current license for a year beyond expiration or to bring an inactive license to current, active status.
cc. "Repigmentation" means recoloration of the skin as a result of the following:
1. Use of dermabrasion, or chemical peels, or removal or resolution of birthmarks, vitiligo or other skin conditions that result in the loss of melanin to the skin;
2. Recoloration to scars as a result of surgical procedures, including face-lifts, mole or wart removal, or cauterization;
3. Recoloration to burn grafts and other skin irregularities resulting from burns or photo damage;
4. Recreation of an areola or nipple, following mastectomy; or
5. Use of cheek blush or other blending of pigments into skin in order to camouflage blotchy or irregularly pigmented skin.
dd. "Sharps" means any object that can penetrate the skin, including needles, scalpel blades, lancets, glass tubes that could be broken during handling, and syringes that have been removed from their original, sterile containers.
ee. "Sharps container" means a puncture-resistant, leak-proof container that can be closed for handling, storage, transportation, and disposal. The container shall be red and shall be labeled with the "Biohazard" symbol.
ff. "Single use" means products or items that are disposed of after each use, including cotton swabs or balls, tissues or paper products, paper or plastic cups, or gauze and sanitary coverings.
gg. "Sterilization" means destruction of all forms of microbiotic life, including spores.
hh. "Under direct supervision of a physician" means employed by and working in the office of a physician, with treatment ordered by and reimbursed to the physician.
ii. "Universal precautions" means a set of guidelines and controls, published by the center for disease control (CDC) as "guidelines for prevention of transmission of human immunodeficiency virus and hepatitis B virus to health-care and public-safety workers," in morbidity and mortality weekly report (MMWR), June 23, 1989, Vol. 38, No. S-6, and as "recommendations for preventing transmission of human immunodeficiency virus and hepatitis B virus to patients during exposure-prone invasive procedures," in MMWR, July 12, 1991, Vol. 40, No. RR-8. This method of infection control requires the employer and employee to assume that all human blood and specified human body fluids are infectious for HIV, HBV, and other blood pathogens. Precautions include hand washing, gloving, personal protective equipment, injury prevention, and proper handling and disposal of needles, other sharp instruments, and blood and body fluid contaminated products.
(Authorized by K.S.A. 1996 Supp. 74-2702a and 65-1948 and implementing K.S.A. 1996 Supp. 65-1946 and 65-1949; effective Aug. 22, 1997.)
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69-15-2 Approved course of
study.
a. 1. To be approved by the board, a permanent color technician or tattoo artist training program shall include at least 600 hours of theory and practical experience that include 50 completed procedures, if completed in an approved school, or 1200 hours of theory and practical experience that include 50 completed procedures, if completed under the supervision of an approved trainer. A training program directly supervised by an approved trainer shall be limited to one trainee.
2. Each program of permanent cosmetics and tattooing shall include the following percentage of hours in its theory and practical experience:
Subject.................... Percentage of hours
Needles....................
7
Tattoo machines, equipment, and supplies....................
20
Safety, sanitation, sterilization, and blood-borne pathogens....................
15
Basic color theory and pigments....................
7
Placement of design....................
7
Skin: Diseases, disorders, and conditions....................
9
Client handling....................
2
Business operations and Kansas statutes and regulations pertaining to permanent cosmetics and tattooing....................
3
Clinical practice....................
30
Total hours.................... 600 (In school)....................
1200 (Under a trainer)
b. 1. To be approved by the board, a basic body piercing technician training program shall include at least 600 hours of theory and practical experience that include 50 completed procedures, if completed in an approved school, or 1200 hours of theory and practical experience that include 50 completed procedures, if completed under the supervision of an approved trainer. In the basic body piercing training, the 50 completed procedures shall consist of at least five completed procedures for each of the following seven basic piercings in these areas:
A. Ears;
B. nose;
C. tongue;
D. nipple;
E. eyebrow;
F. navel; and
G. labrets (lips or around the mouth).
2. The following is the minimum course of study for basic body piercing:
Subject.................... Percentage of hours
Health and safety....................
50
Sanitation, sterilization, and blood-borne pathogens
Skin: Diseases, disorders, and conditions
Anatomy
Universal precautions
First aid, C.P.R.
Clinical/Practical....................
50
Needles, equipment and supplies
Jewelry and placement
Business operations and laws
Client relations
c. 1. An advanced training program for body piercing shall include, in addition to the hours required for the basic body piercing, 50 completed procedures within the advanced areas.
2. The advanced piercings shall include the following areas:
A. Male genitals;
B. female genitals;
C. multiple piercings in the same area; and
D. unusual piercings, including earl, which is surface-to-surface piercing located across the bridge of the nose, and madison, which is surface-to-surface piercing located near the clavical.
(Authorized by K.S.A. 1996 Supp. 74-2702a and implementing K.S.A. 1996 Supp. 65-1943 and 65-1949; effective Aug. 22, 1997.)
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69-15-3 Permanent color technician trainer, tattoo artist trainer, and body piercing technician trainer.
a.
Each applicant for permanent color technician trainer, tattoo artist trainer, and body piercing technician trainer shall apply on forms provided by the board. Each application shall include the following information:
1. The applicant's current, valid Kansas permanent color technician, body piercing technician, or tattoo artist license number;
2. documentation outlining the applicant's proposed training syllabus and meeting the requirements of K.A.R. 69-15-2(b) or (c); and
3. the name and address of the licensed facility where training will be provided.
b. To be designated as a permanent color technician trainer or tattoo artist trainer, the applicant shall submit verification of five years of full-time, active practice.
c. To be designated as a body piercing technician trainer for the seven basic piercing procedures, the applicant shall submit verification of two years of full-time, active practice and verification of proficiency in all seven procedures. To be approved as a trainer for advanced piercing training, the applicant shall submit verification of four years of full-time, active practice and verification of proficiency in all of the advanced areas. The applicant may verify proficiency by submitting client records indicating
completed piercing procedures in the applicable areas being performed by the trainer.
(Authorized by and implementing L. 1996, Ch. 138, Sec. 4; effective Aug. 22, 1997.)
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69-15-4 Out-of-state equivalent course of study.
Board approval of a training program completed in another state shall be granted if these requirements are met:
a. The trainer was licensed in another state during the applicant's participation in the training program;
b. the applicant completed the training program under the direct supervision of the trainer, or in a school;
c. the training program covered the areas of theory and practical experience specified in K.A.R. 69-15-2; and
d. the training program included the number of hours of theory and practical experience and the number of completed procedures specified in K.A.R. 69-15-2.
(Authorized by and implementing L. 1996, Ch. 138, Sec. 4; effective Aug. 22, 1997.)
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69-15-5 Application for licensure by examination.
Each applicant for licensure shall apply on forms provided by the board and accompanied by the following:
a. The application fee and the examination fee;
b. proof of age of at least 18 years, including a copy of a driver's license, passport, or birth certificate, if not included in school records;
c. a copy of the high school diploma, equivalent diploma (GED), or degree from an accredited institution of higher education; and
d. an official transcript from a school of permanent color, tattooing, or body piercing or from an approved trainer, showing completion of a course of study equivalent to the requirements of K.A.R. 69-15-2.
(Authorized by and implementing L. 1996, Ch. 138, Sec. 4; effective Aug. 22, 1997.)
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69-15-6 Application completion
and deadlines.
a. Applications for examination shall be received at least 30 calendar days before the next scheduled examination.
b. Any application submitted during the 30-day period immediately prior to the examination shall be reviewed, and if the applicant satisfies the requirements, that person shall be scheduled for the subsequent examination.
c. Applicants who fail to submit sufficient fees, complete documentation, and verification of training or experience, or both, shall be considered disqualified, and their application shall be closed. Examination fees may be carried forward one time to the next scheduled examination.
d. Any candidate for examination who fails to complete the examination process within the following time limits shall be required to submit a new application, documentation, and fees, according to this schedule:
1. One year from receipt of application, if the applicant does not meet the qualifications for examinations; or
2. one year from the date that the last section of the examination was attempted.
e. Any candidate who meets the requirements of the examination and is scheduled for the next examination may work in a licensed facility under the direct supervision of a licensed permanent cosmetic technician, tattoo artist, or body piercing technician until the candidate successfully passes the examination.
(Authorized by and implementing L. 1996, Ch. 138, Sec. 4; effective Aug. 22, 1997.)
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69-15-7 Examination for permanent color technicians, tattoo artists, or body piercing technicians.
a. The examination shall consist of both a written and a practical examination on safety, sanitation, and standards of practice.
b. The examination shall test the applicant's knowledge of these areas:
1. Basic principles of safety, sanitation, and sterilization;
2. Kansas laws and rules;
3. chemical use and storage;
4. diseases and disorders including skin disease, HIV, Hepatitis B, and communicable or transmittable diseases;
5. equipment, supplies, tools, and implements;
6. practice standards;
7. facility standards; and
8. definitions.
c. The written examination shall consist of no more than 150 multiple-choice questions and shall not exceed two hours in duration. The examination shall be closed book and shall be presented and conducted in English.
d. To test the applicant's knowledge of infection-control practices and practice standards, the practical examination shall evaluate the following:
1. A setup for an actual procedure;
2. a demonstration of a procedure; and
3. a demonstration of the clean-up process for a procedure.
e. Examination candidates shall achieve a 75 percent or higher score on both the written and the practical sections in order to be issued a license.
(Authorized by and implementing L. 1996, Ch. 138, Sec. 4 (d)(2); effective Aug. 22, 1997.)
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69-15-8 Examination behavior.
a. Taking notes, textbooks, or notebooks into the examination room shall be prohibited.
b. An applicant shall be immediately disqualified during or after the examination for conduct that interferes with the examination. Such conduct may include the following behavior:
1. Giving or receiving aid, directly or indirectly during the examination process;
2. obtaining help or information from notes, books, or other individuals to answer questions;
3. removing or attempting to remove any secure, examination-related information or materials from the examination site;
4. failing to follow directions relative to the conduct of the examination; and
5. exhibiting behavior that impedes the normal progress of the examination.
c. Disqualification shall invalidate the examination and result in forfeiture of the examination and fee. The applicant shall be required to reapply, submit an additional examination fee, and schedule another examination at the date and time determined by the executive director. Reexamination shall be conducted at the board office.
(Authorized by K.S.A. 1996 Supp. 74-2702a and implementing K.S.A. 1996 Supp. 65-1948; effective Aug. 22, 1997.)
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69-15-9 Issuance and renewal
of licenses.
a. Each individual license shall expire on the last day of the licensee's birth month. License fees shall be prorated at the rate of 1/12th of the license fee for each month of the original license.
b. A notice of renewal shall be mailed by the board to the last known address of the license holder.
c. The applicant shall apply for renewal in advance of the license expiration date of the prior license.
d. Renewal payments received in the board office or postmarked after the expiration date but within one year of expiration shall be assessed a late fee in addition to the annual renewal fee.
e. A license that has been expired for more than one year but less than three shall be deemed suspended and may be reactivated by payment of the following:
1. A suspended renewal fee for each year expired;
2. a reactivation fee; and
3. a renewal fee.
f. Any individual who fails to renew or reactivate a license within three years from the date of expiration shall reapply to take the exams, submit the examination fee and one-year licensee fee, and successfully pass all sections of the examination before a license is reissued.
(Authorized by and implementing L. 1996, Ch. 138, Sec. 6; effective Aug. 22, 1997.)
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69-15-10 Display of license
and inspection certificate.
a. The practitioner shall post in public view in the lobby or waiting area of the place of business the current practitioner and facility license and a copy of the latest inspection certificate.
b. A licensee shall not post a reproduction of any license unless the board has issued and marked it "Duplicate."
c. A licensee shall not post a pocket identification card in lieu of a license.
(Authorized by and implementing L. 1996, Ch. 138, Sec. 5(a); effective Aug. 22, 1997.)
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69-15-11 Inspections generated
by a complaint.
a. Each establishment shall be subject to inspection by the board or its designee, in order to investigate a specific complaint filed with the board, or to investigate any suspected violation of sanitary rules and regulations or other violations of the act.
b. An inspection generated by a complaint shall be authorized by the board or its executive director at any time, subject to the following limitations:
1. Inspections shall be made only between the hours of 8:00 a.m. and 6:00 p.m. or anytime the practice or instruction of permanent color, tattooing, or body piercing is being conducted, unless agreed otherwise by all interested persons or entities.
2. Inspections shall be conducted by the board members, the executive director, employees, or agents of the board.
(Authorized by and implementing L. 1996, Ch. 138, Sec. 9(i); effective Aug. 22, 1997.)
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69-15-12 Continuing education
for license renewal.
To maintain licensure in the field in which they are licensed to practice, permanent color technicians, tattoo artists, and body piercing technicians shall participate in continuing education according to these criteria:
a. Each individual shall complete 15 hours, either as one unit or a combination of units, not less than one hour each, every three years.
b. Continuing education courses shall be of the same subject matter relating to the practice as the required curricula for training as a permanent color technician, tattoo artist, and body piercing technician and shall consist of the following:
1. Participation in or attendance at an instructional program presented, recognized, or conducted under the auspices of any permanently organized institution, agency, or association;
2. self-study, participation, or attendance at a program not covered by paragraph (b)(1) of this regulation, comprising up to six hours of the total requirement; or
3. attendance at a meeting of the advisory council for permanent color technicians, tattoo artists and body piercing technicians for a maximum of three hours per meeting, totalling no more than six hours in a three-year period.
c. A license shall not be renewed without receipt of the required continuing education report.
d. Each licensee failing to obtain 15 clock hours of continuing education every three years shall successfully pass a written examination in order to have the license renewed.
(Authorized by and implementing L. 1996, Ch. 138, Sec. 6(d); effective Aug. 22, 1997.)
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69-15-13 Reporting continuing
education.
a. Each licensee shall be responsible for submitting to the board proof of participation in required continuing education.
b. Each licensee shall submit to the board the renewal document, fee, and proof of 15 clock hours of continuing education as a condition of renewal every three years. Proof of participation shall consist of the following:
1. Submission to the board of evidence sustaining completion of self-study by means of correspondence courses or national home-study issues; review of publications, textbooks, printed material, or audiocassettes; or viewing of films, videos, or slides. The documentation shall indicate the type of study, describe its content, and state the date and duration in clock hours. Self-study shall relate to the subjects listed for the practice of permanent color, tattooing, or body piercing as stated in K.A.R. 69-15-2; or
2. submission to the board of a certificate of completion or verification, issued by the sponsoring organization or person, of attendance in a
course, program, seminar, or lecture and showing the name of the sponsor, the title of the presentation, a description of its content, the name of the instructor or presenter, the date, its duration in hours, and any supplemental documentation to support that the sponsor and subject matter meet the requirements and relate to the practice as stated in K.A.R. 69-15-2.
c. 1. The 15 clock hours of continuing education shall be accumulated only in the most recent renewal period. The licensee shall hold the proof of continuing education until submitting it to the board at the time of renewal; and
2. Hours of continuing education in excess of the requirement for renewal every three years shall not be carried forward.
(Authorized by and implementing L. 1996, Ch. 138, Sec. 6(d); effective Aug. 22, 1997.)
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69-15-14 Permanent color,
tattoo, and body piercing facility licensing.
a. Permanent color technicians, tattoo artists, and body piercing technicians shall not practice at any location other than a licensed facility.
b. A facility license shall be issued, providing that the applicant fulfills these requirements prior to opening:
1. Applies
to the board on a form approved by the board and pays the required fee;
2. complies with all applicable rules and regulations of the board;
3. certifies that application information is correct; and
4. provides a map or directions for locating the shop, if the facility is in a rural or an isolated area.
c. If the facility is in a home, it shall have an identifying house number or a sign that is easily visible from the street.
d. The cleanliness and sanitation of any common area of separately licensed facilities in one premises shall be the responsibility of each license holder on that premises. Any violation found in the common area shall be cited against all facility licenses issued and posted on the premises.
e. Each facility owner shall meet these requirements:
1. Allow a board inspector to inspect the facility when it is open for business;
2. be prohibited from exhibiting, or failing to prevent employees from exhibiting, behavior that impedes normal progress of the inspection; and
f. Each purchaser of an existing facility shall perform the following:
1. Meet the requirements of a new facility; and
2. submit a new facility application and fee prior to assuming operation of the business.
g. Owners of facilities moving to new locations shall perform the following:
1. Meet the requirements of a new facility; and
2. submit an application and a fee for a new facility license.
h. Facility licenses are not transferable from person to person or to a new location.
i. Each facility owner closing a facility shall inform the board office, within five business days and in writing, of closure of the facility.
j. If the same owner reopens the facility while the license is still current, the owner shall inform the board office prior to the reopening.
(Authorized by and implementing L. 1996, Ch. 138, Sec. 5(d) and Sec. 9; effective Aug. 22, 1997.)
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69-15-15 Permanent color technician,
tattoo artist, and body piercing technician practice standards; restrictions.
a. Licensees shall keep an individual record of each client. That record shall include the name and address of the client, the date and duration of each service, the type of service, and special instructions or notations relating to the client's medical or skin conditions, including the following:
1. Diabetes;
2. allergies;
3. cold sores and fever blisters;
4. epilepsy;
5. heart conditions;
6. hemophilia;
7. hepatitis;
8. medication that thins the blood;
9. moles or freckles at the site of service;
10. psoriasis or eczema;
11. pregnant or nursing women;
12. scarring (keloid); and
13. other medical or skin conditions.
b. Licensees may obtain advice from physicians regarding medical information needed to safeguard the client and the technician or artist.
c. Each licensee shall give pre-service information in written form to the client to advise of possible reactions, side effects, and potential complications of the tattooing process. Each licensee shall give aftercare instructions to the client, both verbally and in writing after every service.
d. Each licensee shall take photographs for corrective procedures, in relationship to tattooing or permanent cosmetics, and before and after service, for records maintained.
e. Each licensee shall purchase ink, dyes, or pigments from a reputable supplier or manufacturer. No licensee shall use products banned or restricted by the food and drug administration for use in tattooing and permanent color.
f. A licensee shall not perform tattooing or body piercing for any of these individuals:
1. A person who is inebriated or appears to be incapacitated by the use of alcohol or drugs;
2. any person who shows signs of recent intravenous drug use;
3. a person with sunburn or other skin diseases or disorders, including open lesions, rashes, wounds, or puncture marks;
4. any person with psoriasis or eczema present in the treatment area.
g. Use of the piercing gun to pierce shall be prohibited on all parts of the body, with the exception of the ear lobe.
h. Use of personal client jewelry or any apparatus or device presented by the client for use during the initial body piercing shall be prohibited. Each facility shall provide presterilized jewelry, apparatus, or devices, which shall be of metallic content recognized as compatible with piercing services.
i. No person afflicted with an infectious or communicable disease that may be transmitted during the performance of permanent color, tattoo application, or body piercing shall be permitted to work or train in a school or facility.
j. No school or facility shall require or permit a student or licensee knowingly to work upon a person suffering from any infectious or communicable disease that may be transmitted during the performance of permanent color, tattoo application, or body piercing.
k. Nothing shall prohibit the permanent color technician, tattoo artist, or body piercing technician from refusing to provide services to anyone under the age of 18.
(Authorized by K.S.A. 1996 Supp. 74-2702a and implementing K.S.A. 1996 Supp. 65-1946 and 65-1953; effective Aug. 22, 1997.)
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69-15-16 Facility standards.
All facilities shall meet the following criteria.
a. All areas shall be kept clean and in good repair.
b. All surfaces, including counters, tables, equipment, client chairs, or recliners, that are in treatment and sterilization areas shall be made of smooth, nonabsorbent, and nonporous material.
c. Surfaces or blood spills shall be cleaned using an EPA-registered, hospital-grade disinfectant.
d. The water and plumbing fixtures in the facility shall include easy access to a sink with hot and cold running water, as part of the surrounding premises or adjacent to the facility but separate from a public restroom.
e. Toilet facilities shall be kept clean and in good working order at all times. Each toilet shall have a handwashing sink and a soap dispenser with disposable towels or an air dryer for hands.
f. The facility shall be equipped with adequate and sufficient artificial or natural lighting, providing at least 10 foot-candles of light at the work station or table, used at all times during which business is being conducted.
g. The facility shall be well ventilated with natural or mechanical methods that remove or exhaust fumes, vapors, or dust in order to prevent hazardous conditions from occurring or to allow the free flow of air in a room in proportion to the size of the room and the capacity of the room.
h. A proprietor or person in charge of the facility may designate the entire area as a nonsmoking area. A designated smoking area means any area set aside by a proprietor or person in charge of a public place where tobacco smoking is permitted and where a sign indicates the same. No person shall smoke or carry any lighted smoking device in a public place except in designated smoking areas. No facility shall be designated in its entirety as a smoking area. "Public place" means any enclosed indoor area open to and frequented by the public. "Open to and frequented by the public" means any area where the public can freely enter or move without special invitation.
i. If a room used for residential purposes is the same room or adjacent to a room used for the practice of permanent color, tattooing, or body piercing, then a solid partition shall separate the premises used for residential purposes from the tattooing and piercing area. The partition may contain a door, provided it remains closed, except for entering and leaving.
j. If a room used for any business purposes other than permanent color, tattooing, or body piercing is the same room or is adjacent to a room used for the practice of permanent color, tattooing, or body piercing, then the board may require that one or more of the following requirements be satisfied if there are conditions that the board considers a possible threat to the health of the employees, the customers, or the public:
1. A solid partition shall separate the premises used for other business purposes from the permanent color, tattooing, or body piercing area. The partition may contain a door, provided it remains closed except for entering and leaving.
2. A separate outside entrance shall be provided for the facility.
k. Pets or other animals shall not be permitted in the business facility. This prohibition shall not apply to registered therapy animals; trained guide animals for the disabled, sightless, or hearing impaired; or fish in aquariums.
(Authorized by K.S.A. 1996 Supp. 74-2702a and implementing K.S.A. 1996 Supp. 65-1946 and 65-1949; effective Aug. 22, 1997.)
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69-15-17 Required equipment:
articles and materials.
a. Practicing permanent color technicians and tattoo artists shall maintain the following equipment at the place of business:
1. A tattoo machine or hand pieces of nonporous material that has the ability to be sanitized;
2. stainless steel or carbon needles and needle bars;
3. stainless steel, brass, or lexan tubes that have the ability to be sterilized;
4. sterilization bags with color strip indicators;
5. protective, disposable gloves;
6. single-use, disposable plastic tubes, razors, or straight razors;
7. single-use towels, tissues, or paper products;
8. a sharps container and biohazard waste bags;
9. approved inks, dyes, and pigments; and
10. approved equipment for cleaning and sterilizing instruments at the place of business.
b. Practicing body piercing technicians shall maintain the following equipment at the place of business:
1. Single-use stainless steel needles;
2. sterilization bags with color strip indicators;
3. protective, disposable gloves;
4. single-use towels, tissues, or paper products;
5. a sharps container and biohazard waste bags;
6. approved equipment for cleaning and sterilizing instruments;
7. a piercing table or chair of nonporous material that can be sanitized;
8. a covered trash receptacle;
9. spore tests;
10. forceps that can be sterilized;
11. pliers of various sizes, made of material that can be sterilized;
12. bleach or hard-surface disinfectants, or both;
13. antibacterial hand soap; and
14. jewelry disinfectant.
(Authorized by and implementing L. 1996, Ch. 138, Sec. 7; effective Aug. 22, 1997.)
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69-15-18 Cleaning methods
prior to sterilization.
a. Each practitioner shall clean all nonelectrical instruments prior to sterilizing by brushing or swabbing to remove foreign material or debris, rinsing, and then performing either of the following steps:
1. Immersing them in detergent and water in an ultrasonic unit that operates at 40 to 60 hertz, followed by a thorough rinsing and wiping; or
2. submerging and soaking them in a protein-dissolving detergent or enzyme cleaner, followed by a thorough rinsing and wiping.
b. For all electrical instruments, each practitioner shall perform the following:
1. First remove all foreign matter; and
2. disinfect with an EPA-registered disinfectant with demonstrated bactericidal, fungicidal, and virucidal activity used according to manufacturer's instructions.
(Authorized by K.S.A. 1996 Supp. 74-2702a and implementing K.S.A. 1996 Supp. 65-1946 and 65-1949; effective Aug. 22, 1997.)
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69-15-19 Instrument sterilization standards.
a. The practitioner shall place cleaned instruments used in the practice of tattooing or piercing in sterile bags, with color strip indicators, and shall sterilize the instruments by exposure to one cycle of an approved sterilizer, in accordance with K.A.R. 69-15-20.
b. The provisions of this regulation shall not apply to electrical instruments.
(Authorized by K.S.A. 1996 Supp. 74-2702a and implementing K.S.A. 1996 Supp. 65-1946 and 65-1949; effective Aug. 22, 1997.)
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69-15-20 Approved sterilization
modes.
a. Instruments used in the practice of permanent color, tattoo artist services, or body piercing shall be sterilized, using one of the following methods:
1. In a steam or chemical autoclave sterilizer, registered and listed with the federal food and drug administration, and used, cleaned, and maintained according to manufacturer's directions; or
2. with single-use, prepackaged, sterilized equipment obtained from reputable suppliers or manufacturers.
b. Practitioners shall sterilize all piercing instruments that have or may come in direct contact with a client's skin or be exposed to blood or body fluids. Piercing needles shall not be reused. All piercing needles shall be single use.
c. All sterilizing devices shall be tested on a regular basis for functionality and thorough sterilization by use of the following means:
1. Chemical indicators that change color, to assure sufficient temperature and proper functioning of equipment during the sterilization cycle; and
2. a biological monitoring system using commercially prepared spores, to assure that all microorganisms have been destroyed and sterilization has been achieved. This testing shall be performed every three months for tattoo and body piercing facilities.
d. Chemical and biological indicator test results shall be made available at the facility at all times for inspection by the board compliance officers.
e. Practicing permanent color, tattoo, and body piercing facilities shall submit to an inspection at least once every year, in order to determine compliance with requirements of the statute and with sanitation and sterilization practices.
(Authorized by K.S.A. 1996 Supp. 74-2702a and implementing K.S.A. 1996 Supp. 65-1946, 65-1948, and 65-1949; effective Aug. 22, 1997.)
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69-15-21 Handwashing and protective gloves.
a. Prior to and immediately following administering services to a client, all licensees and individuals being trained by licensed permanent color technicians, tattoo artists, and body piercing technicians shall thoroughly wash their hands and nails in hot, running water with soap and rinse them in clean, warm water.
b. All licensees and individuals being trained by licensed permanent color technicians, tattoo artists, and body piercing technicians shall wear protective gloves during services. Protective gloves shall be disposed of immediately following service.
(Authorized by and implementing L. 1996, Ch. 138, Sec. 7; effective Aug. 22, 1997.)
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69-15-22 Linens.
a. Each practitioner shall use clean linens for each client.
b. A common towel shall be prohibited.
c. Air blowers may be substituted for hand towels.
d. Each practitioner shall store clean linens, tissues, or single-use paper products in a clean, enclosed storage area until needed for immediate use.
e. Each practitioner shall dispose of or store used linens in a closed or covered container until laundered.
f. Each practitioner shall launder used linens either by a regular, commercial laundering or by a noncommercial laundering process that includes immersion in water at 160 degrees Fahrenheit for not less than 15 minutes during the washing and rinsing operations.
(Authorized by and implementing L. 1996, Ch. 138, Sec. 7; effective Aug. 22, 1997.)
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69-15-23 Clean instruments
and products storage.
a. Before use, disposable products that come in contact with the areas to be treated shall be stored in clean containers that can be closed between treatments.
b. Clean, sterilized reusable instruments that come in contact with the areas to be treated shall be stored in clean, sterilized containers.
c. Clean, sterilized reusable transfer instruments, including forceps, trays, and tweezers, shall be stored in a clean, dry, sterilized container.
(Authorized by and implementing L. 1996, Ch. 138, Sec. 7; effective Aug. 22, 1997.)
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69-15-24 Chemical storage.
Each practitioner shall store chemicals in labeled, closed containers in an enclosed storage area. All bottles containing poisonous or caustic substances shall be additionally and distinctly marked as such and shall be stored in an area not open to the public.
(Authorized by and implementing L. 1996, Ch. 138, Sec. 7; effective Aug. 22, 1997.)
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69-15-25 Handling disposable
materials.
a. Each practitioner shall dispose of disposable materials coming into contact with blood, body fluids, or both, in a sealable plastic bag that is separate from sealable trash or garbage liners or in a manner that protects not only the licensee and the client, but also others who may come into contact with the material, including sanitation workers.
b. Disposable, sharp objects that come in contact with blood or body fluids shall be disposed of in a sealable, rigid, puncture-proof container that is strong enough to protect the licensee, client, and others from accidental cuts or puncture wounds that could happen during the disposal process.
c. Licensees shall have either sealable plastic bags or sealable rigid containers available at the facility.
d. Each practitioner shall follow universal precautions in all cases.
(Authorized by and implementing L. 1996, Ch. 138, Sec. 7; effective Aug. 22, 1997.)
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69-15-26 Waste receptacles.
a. The practitioner shall deposit all waste material related to treatment in a covered container, following service for each client.
b. Waste disposed in a reception area and restrooms shall be limited only to materials that are not used in providing services to the client or are practice related.
c. Waste disposal containers shall be kept clean.
(Authorized by and implementing L. 1996, Ch. 138, Sec. 7; effective Aug. 22, 1997.)
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69-15-27 Permanent color and
tattoo procedures.
a. Permanent color technicians and tattoo artists shall dispense all substances from containers in a manner that prevents contamination of the unused portion. A spray bottle to apply liquid to skin may be used.
Single-use tubes or containers and applicators shall be discarded following the tattoo service.
b. Paper stencils and skin scribes shall be single use and shall be disposed of immediately following service.
c. The practitioner shall remove the tip of each body pencil used during a tattoo service, shall disinfect the body and tip of the pen, and shall sharpen the tip to remove the exposed edge.
d. The plastic or acetate stencil used to transfer the design to the client's skin shall be thoroughly cleansed and rinsed in an EPA-approved germicidal solution, according to the manufacturer's instructions, and then dried with a clean, single-use paper product.
e. Individual portions of inks, dyes, or pigments in clean, single-use containers shall be used for each client. Any remaining unused dye or pigments shall be discarded immediately following service.
f. Excess ink, dye, or pigment applied to the client's skin shall be removed with a clean, singleuse paper product obtained from a self-dispensing container.
g. Use of styptic pencils or alum solids to check any blood flow shall be prohibited.
h. Upon completion of tattooing, the practitioner shall cleanse the skin, excluding the area surrounding the eyes, with a clean, single-use paper product saturated with an EPA-approved germicidal solution.
i. A sanitary covering shall be placed over designs and adhered to the skin with suitable skin tape.
j. Each practitioner shall provide aftercare, which shall consist of both verbal and written instructions concerning proper care of the tattooed skin. Instructions shall specify the following information:
1. Care following service;
2. possible side effects; and
3. restrictions.
(Authorized by and implementing L. 1996, Ch. 138, Sec. 7; effective Aug. 22, 1997.)
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69-15-28 Preparation and aftercare
of treatment area on client.
a. Permanent color technicians and tattoo artists shall cleanse the client's skin, excluding the areas surrounding the eyes, by washing with an EPA-approved germicidal solution applied with a clean, single-use paper product, before placing the design on the client's skin or beginning tattooing work.
b. If the area is to be shaved, the licensee shall use a single-use, disposable safety razor or sterilized straight-edged razor, and then rewash the client's skin.
c. Substances applied to the client's skin to transfer the design from stencil or paper shall be single use.
d. Aftercare shall be administered to each client following service, as stated in K.A.R. 69-15-27.
(Authorized by and implementing L. 1996, Ch. 138, Sec. 7; effective Aug. 22, 1997.)
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69-15-29 Body piercing procedures.
Body piercing technicians shall be responsible for adhering to the following standards while serving clients in the facility.
a. Each technician shall observe and follow thorough handwashing procedures with soap and water or an equivalent handwashing product before and after serving each client and as needed to prevent cross contamination or transmission of body fluids, infections or exposure to service-related wastes or chemicals.
b. Each technician shall cleanse the client's skin, excluding the areas surrounding the eyes, by washing it with an FDA-registered antiseptic solution applied with a clean, single-use paper product before and after piercing the client's skin.
c. All substances shall be dispensed from containers in a manner to prevent contamination of the unused portion. Single-use tubes or containers and applicators shall be discarded following the piercing service.
d. Any type of marking pen used by the technician shall be applied on cleansed skin only or shall be a surgical marking pen sanitized by design, including alcohol-based ink pens. The technician shall remove the tip of each body pencil used during a piercing, shall disinfect the body and the tip of the pencil, and shall sharpen the tip to remove the exposed edge.
e. Use of styptic pencils or alum solids to control blood flow shall be prohibited.
f. Aftercare shall be administered to each client following service. Aftercare shall consist of both verbal and written instructions concerning proper care of the pierced area. Instructions shall specify the following information:
1. Care following service;
2. possible side effects; and
3. restrictions.
g. Technicians who have open sores or bleeding lesions on their hands shall not have client contact until the lesions have healed to the scab phase. Each technician shall cover them with protective gloves or impervious bandages prior to contact with clients.
h. Technicians shall wear eye goggles, shields, or masks if spattering is likely to occur while providing services.
(Authorized by and implementing L. 1996, Ch. 138, Sec. 7; effective Aug. 22, 1997.)
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69-15-30 Fees.
The following fees shall be charged:
Exam application fee..........
$ 35.00
Examination fees
Written..........
$ 25.00
Practical..........
$ 50.00
License fee
Initial..........
$ 50.00
Annual renewal..........
$ 100.00
Late fee..........
$ 50.00
Duplicate license fee..........
$ 25.00
Facility license and renewal fee..........
$ 100.00
Facility late fee..........
$ 50.00
Demonstration license..........
$ 50.00
(Authorized by and implementing K.S.A. 1996 Supp. 69-1950; effective Aug. 22, 1997.)
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