K.A.R. 69-15-1. Definitions. Each of the
definitions of following terms, as used in this article, 15 are as follows. shall have the meaning specified in this regulation:
(a) “Antiseptic” means a
product chemical germicide used on skin and tissue to stop or inhibit the growth of bacteria.
(b) “Clean” means
the absence of washed with soap or detergent to remove all soil and dirt.
(c) “Closed-book” means without aid from or availability of written material, including materials stored or accessed on an electronic device.
“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. “Completed procedure” means, for the purposes of determining qualification for licensure, a tattoo or piercing that has been finished, including any touchups or additional work following initial healing,
and releasing with the client released 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.
(e) “Conch,” when used to describe an ear piercing, means the piercing of the concha, which is the deep, bowl-shaped central shell of the ear.
“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 “Disinfectant” means an agent used on inanimate surfaces that is intended to destroy or irreversibly inactivate specific viruses, bacteria, or pathogenic fungi.
(h) (g) “Enclosed storage area” means a separate room, closet, cupboard, or cabinet.
(h) “Establishment” means tattoo establishment, body piercing establishment, cosmetic tattooing establishment, or mobile facility.
(i) “Equivalent” means comparable but not identical, and covering the same subject matter.
(j) “Gross incompetence” means a
serious demonstrated lack of ability, legal qualification knowledge, or fitness to effectively or safely perform one's duty effectively services for which one is licensed.
“High-level disinfectant” means a chemical agent that has demonstrated tuberculocidal activity “Infectious or contagious disease” means any disease that is diagnosed by a licensed health care professional as being contagious or transmissible, as designated in K.A.R. 28-1-2, and that could be transmitted during the performance of cosmetic tattooing, tattooing, or body piercing. Blood-borne diseases, including acquired immune deficiency syndrome or any causative agent thereof, hepatitis B, hepatitis C, and any other disease not transmitted by casual contact, shall not constitute infectious or contagious diseases for the purpose of this article.
(l) “Instruments” means needles, probes, forceps, hemostats, or tweezers.
(m) “Labret,” when used to describe a piercing, means the piercing of the lips or the area immediately around the lips.
(n) “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) “Lower labret,” when used to describe a piercing, means the piercing of the lower lip or the area immediately around the lower lip.
(p) “Mobile facility” means a self-contained, enclosed transportable unit that has the following:
(1) A handwashing sink that has hot and cold running water;
(2) a self-contained water tank with a capacity of at least 100 gallons and a supply of potable water;
(3) a self-contained holding tank with a capacity of at least 100 gallons or twice the capacity of the supply tank, whichever is larger; and
(4) at least one self-contained, recirculating, flush chemical toilet with a holding tank.
(o) (q) “Needle” means either of the following: has the meaning specified in K.S.A. 65-1940, and amendments thereto.
(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) (r) “Needle bar” means the metal or plastic device used to attach the needle to a tattoo machine.
(q) (s) “Official transcript” means a document certified by a school on a form approved and prescribed accredited by the department of education or other regulating authority Kansas board of regents or equivalent regulatory institution in another state or jurisdiction, 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 a disposable 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.
“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 nitrile or latex.
(y) (w) “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) (x) “Repigmentation” means recoloration of the skin as a result any of the following:
Use of Recoloration of the skin as a result of any of the following:
(A) 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) (B) recoloration to scars as a result of resulting from surgical procedures, including face-lifts, mole or wart removal, or cauterization; or
(3) (C) recoloration to burn grafts and other skin irregularities resulting from burns or photo damage;
(4) (2) recreation of an areola or nipple, following mastectomy; or
(5) (3) use of cheek blush or other blending of pigments into skin in order to camouflage blotchy or irregularly pigmented skin.
(y) “Rook,” when used to describe an ear piercing, means the piercing of the upper portion of the antihelix.
(z) “Sanitization” means effective bactericidal treatment by a process that reduces the bacterial count, including pathogens, to a safe level on equipment.
(dd) (aa) “Sharps” means any object that can penetrate the skin, including needles, scalpel blades, lancets, glass tubes that could be broken during handling, razors, and syringes that have been removed from their original, sterile containers.
(ee) (bb) “Sharps container” means a puncture-resistant, leak-proof leakproof 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) (cc) “Single-use,” when used to describe products or items, means that the 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, are disposed of after each use.
(dd) “Snug,” when used to describe an ear piercing, means the horizontal piercing of the vertical portion of the antihelix.
(gg) (ee) “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.
(ff) “Universal precautions” means a
set of guidelines and controls, published method of infection control approved by the center United States centers for disease control and prevention (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, in which all human blood and certain bodily fluids are handled as if the blood and bodily fluids were known to be infected with a blood-borne pathogen. (Authorized by K.S.A. 1996 2012 Supp. 65-1946 and K.S.A. 74-2702a and 65-1948 and; implementing K.S.A. 1996 2012 Supp. 65-1946 and 65-1949; effective Aug. 22, 1997; amended P-_____________.)
** Strike-through text denotes text that is currently in the regulation but is proposed to be removed. **
** Underlined text denotes text that is proposed to be added to the regulation.**
Economic Impact Statement for K.A.R. 69-15-1
I. Summary of Proposed Regulation, Including Its Purpose.
K.A.R. 69-15-1 provides definitions for terms of art found in the rules and regulations provided by the Board in the body art professions.
II. Reason(s) the Proposed Regulation is Required, Including Whether or Not the Regulation is Mandated by Federal Law.
This regulation is being amended to remove superfluous terms which no longer appear in the text of the Board’s rules and regulations. Also, this regulation is amended to more appropriately define infectious or communicable diseases in accordance with the Americans with Disabilities Act. The regulation is further amended to define sanitization, disinfectant, establishments, mobile body art facilities and various types of body piercings. This regulation is not mandated by federal law, and, therefore, the regulation does not exceed the requirements of federal law.
III. Anticipated Economic Impact upon the Kansas Board of Cosmetology.
The Board does not anticipate economic impact from amending the regulatory definitions except as they impact related regulations.
IV. Anticipated Economic Impact upon Other Governmental Agencies.
The Board does not anticipate economic impact on other governmental agencies.
V. Anticipated Economic Impact upon Private Businesses, Individuals, and Consumers.
The Board does not anticipate economic impact on these entities or individuals.
VI. Less Costly or Intrusive Methods.
The Board does not find any less costly or intrusive methods.