Board Meetings

2009 Board Meeting Dates

Monday, January 12 th (minutes)
Monday, March 9 th (minutes)
Monday, May 11 th (minutes)
Monday, July 13 th (cancelled)
Monday, September 14 th (minutes)
Monday, November 9 th (minutes)

2010 Board Meeting Dates

Monday, January 11 th
Monday, March 8 th
Monday, May 10 th
Monday, July 12 th
Monday, September 13 th
Monday, November 8 th

KANSAS BOARD OF COSMETOLOGY
BOARD MEETING

MINUTES OF NOVEMBER 9, 2009                                         REGULAR BOARD MEETING

The November 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 Mr. Ron McKenzie, Vice-Chair. In attendance via teleconference were Ms. Allene Owen, Member; Mr. Douglas R. Rushing, Member; Mr. Jerry E. Waltrip, Member; Mr. Darrell D. Ringler, Member; and Mr. James A. George, Member. Also in attendance in person were Ms. Mary Feighny, Deputy Attorney General; and Ms. Mary Lou Davis, Executive Director for the Board. Ms. Marie Plinsky, Board Chair, was unable to attend. Minutes were recorded by Ms. Lisa S. Florez, Senior Administrative Specialist.

ITEM I. PUBLIC COMMENT.
None scheduled.

ITEM II. CALL TO ORDER.
The meeting was called to order by Mr. Ron McKenzie, Board Vice-Chair. Roll call was taken by Ms. Davis for participating members.

ITEM III. APPROVAL OF BOARD MINUTES FOR MAY 11, 2009
Motion was made to approve the September 14, 2009, Board minutes. (Owen/Waltrip)
Motion passed unanimously.

ITEM IV. FINANCIAL REPORT

Year-to-date FY 2010 receipts and expenditures
Ms. Davis reported that the Board is ahead of expected receipts year-to-date for FY 2010.

Submission of updated FY 2010 and FY 2011 budget – September 15; Division of Budget recommendations – November 10
The fiscal budget was submitted September 15 for FY 2010 and FY 2011. The Division of Budget will make recommendations to the Board. The budget analyst will meet with Ms. Davis on November 10, 2009.

The Board may face another budget cut and will not be granted any budget enhancements.

Revenues for the state continue to be under the projected amount. Governor Parkinson has stated he will make further cuts prior to the upcoming legislative session. The legislature would then concentrate on the budget for FY 2011.

Classification Study – Inspectors (Consumer Health Inspectors (Hays study - market equity))
There will be an upcoming market equity study for state inspectors across all fields to determine if state inspectors are being paid equitably compared to employees in the private sector. Division of Personnel Services has requested Ms. Davis participate in the process.

Lease bid for KBOC office space. Lease expires September 30, 2010
Information has been compiled regarding the needs of the Board office in terms of office space. There has been discussion regarding a shared lease space involving the Board of Cosmetology, the Kansas Arts Commission, and the Animal Health Department.

Once a lease is bid, the Board will appear before the joint committee to review the lease.

ITEM V. NEW BUSINESS.

Field Study Request, Eric Fisher Academy, January 19, 2010. Salon Observations.
This request was received by the Board on October 21, 2009. The submission is complete. Motion to approve the request for 5 hours of business practices. (George/Rushing).
Motion passed unanimously.

Lawrence Beauty Academy, closed school operation on October 10, 2009
All students had graduated by the time of closing.

VI. Old Business

Proposal for Body Art School at Independence Community College.
Ms. Davis reported in a Memorandum submitted to the Board a summary of her contact with the Board of Regents regarding implementing a body art school at Independence Community College (ICC). Ms. Davis spoke with Ms. Rita Johnson, Director of the Technical Education Authority. The report indicated a lack of funds for state technical education programs. Ms. Johnson also indicated an unwillingness to proceed with implementing a body art school because there are other avenues available to pursue body art training. Additionally, the Kansas Board of Cosmetology does not have the regulatory authority to recognize body art training in schools.

Mr. George stated he wanted to address the memorandum. Mr. George proposed the body art school at ICC which was taken up at the September 14th Board meeting. He reported he has been conducting research on the program. He agreed with the shortage of funds reported by Ms. Johnson. Mr. George reported programs such as the one he is proposing can be self-supporting. However, he would like to present the program for review for state funding.

Mr. George stated the current apprenticeship program is problematic. A program at a community college would afford many more individuals the opportunity for training in the body art professions. Additionally the apprenticeship program is costly to the apprentice.

Mr. George stated the program could be approved by ICC without having to be approved at every Kansas community college/technical school.

Mr. McKenzie requested Mr. George submit his findings in writing to the Board.

Mr. Waltrip inquired whether or not ICC’s Board of Trustees has approved proceeding with a program to teach body art in the school. Mr. George stated the Board of Trustees was aware of the concept of a body art school at ICC. Additionally, Mr. George indicated that Dean of Instruction Peggy Forsberg could speak more directly about the Board of Trustee’s awareness or approval.

Ms. Owen inquired of Ms. Davis if she would speak with Dean Forsberg for clarification on the matter. Ms. Davis stated she would contact Dean Forsberg to get clarification on the process of approving a body art school within ICC.

Ms. Owen inquired if Mr. George was representing himself as an individual or as a member of the Board of Cosmetology. Mr. George replied he was representing himself as an individual.

Ms. Davis inquired about the requirements which need to be met for a student to receive financial aid for the program should one be implemented. Mr. Rushing stated that a program must be recognized as accredited by the Department of Education prior to being eligible for financial aid. Other factors considered are student outcomes, pass/fail rates, potential dropouts, and the availability of obtaining and maintaining employment.
Mr. Rushing inquired if there were any other body art academic programs in the United States that could be used for modeling the accreditation and financial aid process. Mr. George said there is not.

Ms. Owen stated she wished to table this discussion until the January 11, 2010, meeting when more information would be available and the meeting would likely take place with Board members present rather than appearing via teleconference.

Mr. McKenzie agreed with Ms. Owen’s statement and requested Mr. George forward to the Board any information gathered, including a proposed curriculum, since the prior Board meeting when the issue was originally considered. The Board would then be able to review the material in advance of the January Board meeting. Mr. George agreed to submit the additional information to the Board prior to January’s meeting.

Motion to table the consideration of a body art school at ICC until the January 11, 2010 meeting. (Owen/Waltrip).

Motion passed.

Update on infectious outbreaks due to licensed and unlicensed body art practice.
Ms. Davis stated there have been two additional incidents of infectious outbreaks reported to the Board. The reports involved both licensed and unlicensed body art practice. The Board continues to work with the Kansas Department of Health and Environment to issue a public service memo/press release to inform the public of the potential for infectious outbreaks. Both incidents recently reported to the Board were MRSA infections.

Mr. Waltrip inquired of the nature of the MRSA infection. Ms. Davis stated that MRSA is a staph infection, oftentimes referred to as community staph infection because it is more prevalent than other types of staph infection and is passed from individual to individual in a community.

VII. Disciplinary Action
The Board reviewed the monthly disciplinary reports.

VIII. Executive Director’s Report
A report is due to the legislature in conjunction with the Barber Board regarding dually licensed facilities. The report is due to the upcoming 2010 legislative session. The report would address whether a cosmetology inspector and a barbering inspector would each need to inspect a dually licensed facility, or could either inspector conduct the entirety of the inspection.

Ms. Davis stated she has contacted the Barber Board on three occasions in an effort to work in conjunction regarding the legislature’s requested report. Ms. Davis suggested a letter be sent to the Chairperson of the Barber Board so the request to work in conjunction is in writing. Time must be factored in to the scheduling as resources will need to be committed to the report. The written correspondence to the Barber Board suggests a November 30, 2009, date within which the Barber Board should respond. Board consensus to finalize and send the correspondence to the Barber Board.

Credentialing Application, Massage Therapy, review by the Technical Review Committee, Kansas Department of Health and Environment
An application was filed with the KDHE for credentialing and licensure of the massage therapy profession. The application is before a technical review committee and a public hearing will take place November 13, 2009. A Board representative will attend the hearing. Massage/body works professionals may currently perform services without any type of licensure. Two professional associations of massage therapists are presenting the application to the KDHE.

If the committee recommends licensure, the Secretary of KDHE can either accept or reject the recommendation. Ultimately the legislature would have to approve credentialing and licensure of the massage therapy profession. The proponents of the application want massage therapists to be licensed under the Kansas Board of Healing Arts. There has been limited discussion that the Board of Cosmetology should be the licensing agency for massage therapists should there be licensure.

Website updates: on-line renewals for tanning facilities. Tanning facility renewal period – expiration date is December 31, 2009
Tanning facility licenses expire December 31, 2009. The Board will begin having an online renewal option for these facilities. Once the process of online renewal for tanning facilities has been established, practitioners and eventually all facilities will have the option of renewing licenses online.

IX. Adjournment – Next regularly scheduled Board meeting, Monday, January 11, 2010
Board panel review of felony convictions upon adjournment of meeting.
Board panel review of pending disciplinary action.

Motion to adjourn. (Owen/Rushing).
Motion passed unanimously.