Board Meetings

December 27, 2007, Board Meeting

The Board will conduct a committee meeting via teleconference on Monday, December 27, 2007, from 9:00 a.m. to 10:30 a.m.  The agenda is review of draft regulations pertaining to continuing education, gross negligence/unprofessional conduct and standards of practice.  The meeting will originate from the Board office; therefore should individuals wish to attend they may do so by their presence at the Board’s office, 714 SW Jackson, Suite 100, Topeka.

2008 Board Meeting Dates

Monday, January 7 th
Monday, March 10 th
Monday, May 12 th
Monday, July 14 th
Monday, September 8 th
Monday, November 10 th

KANSAS BOARD OF COSMETOLOGY
BOARD MEETING

MINUTES OF SEPTEMBER 10 th, 2007                                                   REGULAR BOARD MEETING

The September meeting of the Kansas Board of Cosmetology was held at the Board office, 714 SW Jackson, Suite 100, Topeka, Kansas.  The meeting was called to order by Ms. Marie Plinsky, Board Chair.  Also in attendance were Ms. Marian Brown, Member; Ms. Rogene Handlon, Member; Ms. Allene Owen, Member; Mr. Douglas R. Rushing, Member; Ms. Mary Feighny, Assistant Attorney General; and Ms. Mary Lou Davis, Executive Director for the Board.  Mr. Ron McKenzie, Vice-Chair; Ms. Tracey Stark, Member and Mr. Robert J. Werne, Member were unable to attend.  Minutes were recorded by Ms. Cherie Daniels, Administrative Officer.  Guests were Val Hawn, Ozawkie; Ross Hirst, Internal Revenue Service; Kim McIntosh, Xenon International Academy, Wichita; Stephanie Michelsen, Office of Secretary of State; and Steven Thompson, Lawrence.  Representative Sue Storm; Tameka Martin, Wichita and Julie Taylor, Dodge City Community College, attended by telephone conference call. 

ITEM I.          CALL TO ORDER. 

The meeting was called to order by Ms. Plinsky, Board Chair.

Oath of Office administered by the Secretary of State’s representative.

Deputy Secretary of State Stephanie Michelsen swore in Douglas Rushing and Allene Owen as newly appointed Board members. 

Ron McKenzie was unable to be present however was reappointed as Board member. 

ITEM II.         APPROVAL/CORRECTIONS OF BOARD MINUTES FOR July 9, 2007, BOARD MEETING.

No changes or corrections made to the July 9, 2007, Board minutes.  No motion was made to approve the minutes at that time, since there was not a quorum. 

ITEM III.       FINANCIAL REPORT

FY 2008 year-to-date reports July and August.  Ms. Davis reported on receipts and expenditures to date for fiscal year 2008.  (Report provided to members for July and August) 

Ms. Handlon joined the meeting at this time. 

The Board has approved fee increases for cosmetologists, cosmetology technicians, electrologists, estheticians, nail technicians, salons and schools.  The fee regulation changes will be submitted with regulations reviewed at the last Board meeting and will be reviewed again at the November meeting. 

Budget submissions and adjustments for FY 2008 and FY 2009 will be submitted to the Governor’s Budget Office September 15.  

ITEM IV.       NEW BUSINESS.

Field Study request, Dodge City Community College cosmetology program.  Ms. Julie Taylor, instructor at Dodge City Community College submitted a request for field study.  During the teleconference with Board members, Ms. Taylor stated students will attend the Peel’s Creative Edge Fall Show in Denver on September 22 and 23, and requested students be credited with fifteen instructional hours; students will be required to sign in and sign out with the instructors for each session.  Three supervising instructors will accompany the twenty four students; Ms. Taylor also requested CE credit for the instructors.    

Motion was made to approve the field study request for fifteen hours of credit.  Instructors may receive a maximum of 5 continuing education hours in the “practice of cosmetology”.  Copies of the certificates must be forwarded to the Board for instructor credit.

(Handlon/Brown)

Motion passed unanimously.

Field Study request, Xenon’s, Olathe and Wichita.  Ms. McIntosh was present to address a field study request submitted for the Olathe and Wichita schools.  Students and instructors attended the Peels Creative Edge show held on September 8 and 9 in Council Bluffs, Iowa.  The requests were received in the Board office on August 31 and September 7.  Ms. McIntosh requested students and instructors receive sixteen hours of credit for attending the show. 

The field study request form outlines the Board’s guidelines for approving field study requests.  Requests must be submitted to the Board “no less than ten days prior to the regularly scheduled Board meeting” and must be pre-approved by the Board. 

Ms. McIntosh stated the students were aware approval was pending and crediting of hours was not guaranteed.  Ms. McIntosh thought a request was previously submitted to the Board.  However when informed by Board staff that no request had been previously submitted for the Wichita or Olathe campus, a request was faxed on August 31. 

Ms. Plinsky stated neither request was submitted as outlined on the field study request application form. 

Ms. McIntosh stated a request for continuing education approval for a Pivot Point class was submitted in May and she had not had a response.  Ms. McIntosh asked what the time-line is for the Board to respond to schools regarding their requests in a timely manner?  Certificates and sign-in sheets were forwarded to the Board in August.  Ms. Daniels stated the class was approved and confirmation is usually sent by e-mail.  All instructor files have been credited accordingly. 

Ms. Plinsky stated because there are two new Board members it is necessary to inform them of the decisions previously made by the Board. 

Ms. Owen asked if exceptions regarding Board approval been made?  Ms. Davis stated two schools requested approval to credit student instructional hours for attendance at the March 2007 Chicago Hair Show.  Both requests were approved.  After the Board meeting and the Chicago event another school submitted a request to the Board office.  This request was denied.

Ms. Owen stated if precedence is set, then that’s what must be followed.   

Motion was made to deny the field study request for Wichita and Olathe since the Board is unable to approve the activity prior to the event. 

(Owen/Brown)

Motion passed unanimously. 

Ms. Davis asked if the requests submitted were for instructor CE approval.  Ms. McIntosh stated yes. 

ITEM V.         OLD BUSINESS.

KDHE revised health and sanitation regulations – cosmetology and tanning facilities.  A public hearing was held on July 30 at the Kansas Department of Health and Environment.  Copies of the hearing officer’s report was provided to members.  The regulations have been adopted, and when published in the register the regulations will become effective.  At that point a mass mailing will be sent to all establishments. 

Xenon International Academy, Wichita - Satellite classroom.  A letter was provided to Board members as a result of discussion at the July meeting regarding the request to approve a satellite classroom for the Xenon’s school at Olathe.  The letter was a response to Ms. McIntosh regarding the Boards action.  At that time in November 2006, the Board received a request for a satellite classroom for the Wichita school.  The request was for approval of a satellite classroom for November and December only.  The request was approved by Ms. Davis.  As a result of the July discussion it was discovered that Ms. McIntosh was under the impression the request was for all of 2007.  Ms. McIntosh stated a request was sent to the Board on January 18, 2007, requesting the continued use of the satellite classroom until January 2008.

Ms. McIntosh stated that during a break at the July Board meeting she spoke with Ms. Daniels regarding the January 18 letter.  Ms. Daniels checked the school file and confirmed it had not been received.  Ms. McIntosh called her assistant and asked her assistant to fax the letter to the Board.  Ms. McIntosh stated the classroom had been used on occasion since December 2006.  Since it was brought to her attention the classroom was only approved for November and December the classroom has not been used since that time.  Ms. McIntosh stated she believed it was just a late response from the Board. 

Ms. Feighny joined the meeting at this point. 

Ms. Owen stated if the request would have been received in the Board office, the Board would have responded.  It should have been a “red flag” that no response was received and Ms. McIntosh should have followed up and contacted the Board. 

Ms. Owen asked when requests are submitted does the Board respond?  Ms. Davis stated as a result of the November 2006 letter from Ms. McIntosh the Board requested a floor plan be submitted and informed Ms. McIntosh an inspection would need to be conducted to confirm compliance with regulation.  Once the inspection was conducted a letter was sent to the school approving use of the classroom for November and December 2006. 

Ms. Owen explained to Ms. McIntosh when she fails to hear a response from the Board she needs to contact the Board to confirm the Board has received the information.

American Academy of Hair Design, Topeka.  School closed June 8, 2007.  Ms. Davis provided a memo to Board members regarding the closure of American Academy of Hair Design and how the students who were attending the school at the time of closure have been assisted.  In July correspondence was sent to all students informing them there were discrepancies in student records provided by the school.  It was brought to the Board’s attention that the minimum practices may be inaccurate.  Therefore requested copies of all academic files and in many cases it was necessary to revise the final operating statements.  These were reissued to the students.  In most cases the students were shorted hours. 

Ms. Davis stated all of the reports submitted to the school reflected the students withdrew from school when in fact the school closed.  It was necessary to refer several students to the Attorney General’s office.  The U.S. Department of Education had notified the Board prior to the school closing due to multitude of complaints that agency had received from students. 

Mr. Rushing stated the students that completed their training at Cutting Edge Hairstyling Academy had graduated and were pleased with the Board’s communication with them. 

Mr. Rushing asked if the Board should regulate how a school properly closes. 

Ms. Davis stated the Board has in the past discussed legislation whereby cosmetology and related schools would be placed under the Proprietary School Act.  If the Board does not want to ask for legislative revision, a regulation addressing a “teach out” could be developed. 

Independent Contractors, Ross Hirst, Senior Stakeholder Liasion, Internal Revenue Service.  Representative Sue Storm attended by telephone conference call. 

One of the issues brought to the Board’s attention by Representative Storm and Representative Wolfe is the issue of independent contractors.  Therefore Mr. Hirst was asked to provide a presentation to the Board regarding IRS law as it pertains to independent contractors. 

The presentation included the basic definition of an employee and independent contractor.  Factors involve behavioral and financial control, the types of relationships (such as a written contract) and employee benefits.  There is no one factor that controls determination of a relationship. 

Representative Storm stated she understood that if an individual made their own appointment and had their own phone it is indicative of being an independent contractor.  However, many individuals who refer to themselves as independent contractors do not make their own appointments or have their own telephone.  There appears to be other factors and those alone may not be decisive. 

Ms. Davis inquired if the Board sought legislation whereby an independent contractor has to have a separate license to operate within an already licensed facility, does this expand the Board’s regulatory responsibility? 

Ms. Davis stated the reason the Board is researching the independent contractors issue is Representatives Wolfe and Storm had a constituent who was disciplined for excessive health and sanitation violations.  The action was taken against the salon owner.  The cosmetology regulation states the owner and practitioners are responsible “jointly and independently” to uphold health and sanitation regulations.  The fine was assessed against the owner.  The owner reported the practitioners were independent contractors, however there was no written contract.  Therefore the state representatives asked the Board to look at a fee for a license for independent contractors. 

If an independent contractors fee was required the Board would individually inspect each workstation and provide a written inspection report.  This would likely increase the Board staff considerably.  The review of independent contractors will continue at the November 5 Board meeting with a decision being made at that time. 

Representative Storm reported she accompanied Board inspector Sue Madl on health and sanitation inspections.  Representative Storm stated she visited one salon she could not believe was in operation because of its disarray.  There were also a number of larger salons and a number of small salons that were in compliance. 

ITEM VI.       LEGAL MATTERS.

Felony convictions.

Steven Thompson – cosmetology apprentice applicant.  Mr. Thompson appeared before a Board panel on August 13, 2007, and it was determined at that time Mr. Thompson should appear before the full Board at the regularly scheduled meeting.  Ms. Lisa Pollice appeared and spoke in support of Mr. Thompson. 

Motion was made to go into executive session for a period of five minutes with all Board members, and Ms. Feighny. 

(Brown/Owen)

Motion passed unanimously.

Upon returning to the open meeting a motion was made to grant Mr. Thompson an apprentice license with the condition that he successfully complete probation.  Mr. Thompson must notify the Board upon completion of parole.  Once Mr. Thompson is released from probation, a copy the certificate of release must be provided.  Should Mr. Thompson re-offend or fail to successfully complete probation, the matter must again come before the Board. 

(Owen/Handlon)

Motion passed unanimously.

Tameka Martin, cosmetology apprentice applicant.  Ms. Martin attended by conference call.  Ms. Martin submitted a cosmetology apprentice application on August 6, 2007.

Motion was made to go into executive session for five minutes with all Board members and Ms. Feighny to deliberate. 

(Owen/Rushing)

Upon returning to open meeting a motion was made to grant Ms. Martin an apprentice license.

(Rushing/Brown)

Motion passed unanimously.
Consent Agreement – Vernon’s, Emporia.  A copy of a consent agreement has been sent to the respondent’s attorney. 

ITEM VII.      BOARD MEMBER REPORTS.  Ms. Handlon attended the NIC meeting in Rapid City, South Dakota in August. 

ITEM VIII.    EXECUTIVE DIRECTOR REPORT.

Inspector monthly reports.  A report was provided to members reflecting the total number of inspections conducted through the month of August. 

Staff training, NCIT Basic Inspector/Investigator Training, October 22-24. 2007.  Phoenix, AZ.  Diane Pottberg, inspector for the western region and Sheila Rice, legal assistant, will attend the NCIT basic training offered by the Council for Licensing Enforcement and Regulation.  (CLEAR)  Attendees must successfully pass an exam to be certified.  Once basic training is completed Ms. Pottberg and Ms. Rice will attend the advanced training.

Prometric National Exam Council (NEC) meeting, October 15-17, Bloomington, Minnesota.  Two Kansas representatives will be attending the meeting for review and revision of the written examination questions. 

Annual National-Interstate Council of States Boards of Cosmetology (NIC), August 25-27, 2007, Rapid City, South Dakota.  Ms. Handlon and Ms. Davis attended the NIC conference. 

FARB (Federation of Associations of Regulatory Boards)  Annual Forum, January 25-27, 2008, Santa Fe, New Mexico. 

Ms. Feighny offered to present a review of parliamentary procedure, Roberts Rules of Order, Kansas open records law, the Kansas open meetings law, and the Kansas Administrative Procedures Act KAPA) after the November Board meeting. 

Ms. Davis stated the following topics will be reviewed at the next Board meeting: 
Standards of practice study
Continuing education
Gross negligence and unprofessional conduct (K.S.A. 65-1908(8))
High school education or “the equivalent thereof”
Independent contractors/booth rental
Cosmetology/esthetics curricula
Fee increases

ITEM XI.       ADJOURNMENT.

Motion was made to adjourn the September 10, Board meeting. 

(Owen/Handlon)

Motion passed unanimously.