Permanent color Cosmetic tattoo, tattoo, and body piercing facility establishment licensing and renewal. (a) Permanent color technicians, tattoo artists, and body piercing technicians shall not practice at any location other than a licensed facility.
(b) A facility Each applicant for an establishment license shall be issued, providing that the applicant fulfills these meet the following requirements prior to before opening the establishment for business:
Applies to the board Apply on a form approved by the board and pays pay the required nonrefundable establishment license fee;
complies comply with all applicable rules and regulations of the board;
certifies certify that application information is correct; and
provides provide a map or directions for locating the shop establishment, if the facility establishment is in a rural or an isolated area.
(c) (b) If the facility is in a home, it shall have an identifying house number or a sign that is easily visible from the street. Each applicant for an establishment license for a mobile facility shall meet the following requirements before opening the mobile facility for business:
(1) Apply on a form approved by the board and pay the nonrefundable mobile facility license fee;
(2) comply with all applicable regulations of the board;
(3) certify that the application information is correct;
(4) provide the board with a permanent address for locating and inspecting the mobile facility; and
(5) agree to provide the board with an updated address, map, or directions for locating the mobile facility at least five business days before operating at a location other than the permanent address.
(c) Each establishment license shall expire one year from the last day of the month in which the license was issued.
(d) Each establishment license holder shall be responsible for the cleanliness and sanitation of any common area of separately licensed
facilities in one establishments on the premises shall be the responsibility of each license holder on that premises. Any Each violation found in the common area shall be cited against all facility establishment licenses issued and posted on the premises.
facility owner establishment license holder shall meet these the following requirements:
(1) Allow a board inspector to inspect the
facility establishment when it is open for business;
be prohibited from exhibiting, or failing to prevent employees from exhibiting, behavior that impedes not impede the normal progress of the inspection; and
(3) prevent employees from impeding the normal progress of the inspection.
Each purchaser of an existing facility shall perform the following: Establishment licenses
(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.
are shall not be transferable from person to person or to a new location.
(g) The ownership of establishment licenses shall not be transferred. A partial change in the ownership of any establishment license may be allowed if at least one original owner remains.
(i) (h) Each facility owner closing a facility establishment licensee shall inform notify the board office, within five business days and in writing , and surrender the establishment license within 10 days of closure of the facility establishment.
(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.
(i)(1) Each applicant wanting to renew the establishment license shall submit an application and the establishment renewal fee before the expiration date of the current establishment license.
(2) Any establishment licensee may renew the establishment license within 60 days after the expiration date of the prior establishment license upon submission of an application and payment of the establishment renewal fee and the delinquent establishment fee. (Authorized by
and K.S.A. 74-2702a; implementing L. 1996, Ch. 138, Sec. 5(d) and Sec. 9 K.S.A. 2012 Supp. 65-1944, 65-1948, and 65-1950; 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
I. Summary of Proposed Regulation, Including Its Purpose.
K.A.R. 69-15-14 lays out the requirements for establishment licensure and makes unlawful any person’s attempt to impede or prevent a lawful inspection, and provides procedures for establishment ownership change or closure. The regulation also provides the process and requirements for licensure renewal.
II. Reason(s) the Proposed Regulation is Required, Including Whether or Not the Regulation is Mandated by Federal Law.
K.A.R. 69-15-14 is amended to allow and provide physical requirements for mobile body art facilities, which are allowed in other professions regulated by the Board. The regulation is also amended to add a provision to allow body art establishment licensees a grace period in which to renew their expired license without having to close and reopen the establishment. Other changes are necessary for uniformity among the Board’s governed professions. This regulation is also amended to remove the restrictions on where cosmetic tattoo artists, tattoo artists, and body piercers may practice. These restrictions were added to K.A.R. 69-15-15 for better organization.
III. Anticipated Economic Impact upon the Kansas Board of Cosmetology.
This regulation will economically impact the Board by increasing revenues generated by the renewal of body art establishment licenses. For each body art establishment license that is renewed after expiration of the license but within the 60-day grace period, a $30.00 establishment late fee will be added to the cost of renewal. Additionally, the Board will save resources associated with reopening a body art establishment that has failed to timely renew. Resources may be in the form of travel time, mileage, per diem costs and expenses.
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 anticipates an economic impact on body art establishments who have failed to timely renew their establishment license. This regulation will allow them the opportunity to renew, as opposed to closing and reopening, however, an additional $30.00 late fee will be assessed. This fee is likely less than the loss of income associated with establishment closure while awaiting a compliance inspection, which is the current practice of the Board for body art establishments.
VI. Less Costly or Intrusive Methods That Were Considered, but Rejected, and the Reason for Rejection.
The Board considered the option of allowing for late establishment license renewal without assessing a late fee. However, in uniformity with the Board’s other governed professions and the previous adoption of a establishment late fee, the Board rejected this consideration.