Permanent color technician Cosmetic tattoo artist, tattoo artist, and body piercing technician piercer practice standards; restrictions. (a) Cosmetic tattoo artists, tattoo artists, and body piercers shall not practice at any location other than a licensed establishment.
Licensees Each licensee shall keep an individual record of each client for at least five years. That Each record shall include the name and address of the client, the date and duration of each service, the type of identification presented, and the type of service, and special instructions or notations relating to the client’s medical or skin conditions, including the following: services provided.
(3) cold sores and fever blisters;
(5) heart conditions;
(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 preservice information in written form to the client to advise of possible reactions, side effects, and potential complications of the tattooing process, and any special instructions relating to the client’s medical or skin conditions, including the following:
(3) cold sores and fever blisters;
(5) heart conditions;
(8) HIV or AIDS;
(9) medication that thins the blood;
(10) moles or freckles at the site of service;
(11) psoriasis or eczema;
(12) pregnant or nursing women;
(13) scarring; and
(14) any other medical or skin conditions.
(d) Each licensee shall give aftercare instructions to the client, both verbally and in writing after every service.
(d) (e) Each licensee providing tattoo or cosmetic tattoo services for corrective procedures shall take photographs for corrective procedures, in relationship to tattooing or permanent cosmetics, and before and after service , for records maintained. These photographs shall be maintained according to subsection (b).
(e) (f) Each licensee shall purchase ink, dyes, or pigments from a reputable supplier or manufacturer. No licensee shall use products banned or restricted by the United States food and drug administration (FDA) for use in tattooing and permanent color.
(f) (g) A licensee shall not perform tattooing or body piercing for any of these the following 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; or
(4) any person with psoriasis or eczema present in the treatment area.
(g) (h) Use of the piercing gun to pierce shall be prohibited on all parts of the body, with the exception of except the ear lobe.
(h) (i) 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 establishment shall provide presterilized jewelry, apparatus apparatuses, or devices, which shall be of have metallic content recognized as compatible with piercing services.
(i) (j) No person licensee afflicted with an infectious or communicable contagious disease that may be transmitted during the performance of permanent color, tattoo application, or body piercing, as defined in K.A.R. 69-15-1, shall be permitted to work or train in a school or facility an establishment.
(j) (k) No school or facility establishment shall knowingly require or permit a student or licensee knowingly to work upon provide tattooing, cosmetic tattooing, or body piercing services for a person suffering from who has any infectious or communicable contagious disease that may be transmitted during the performance of permanent color, tattoo application, or body piercing, as defined in K.A.R. 69-15-1.
(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. 2012 Supp. 65-1946 and K.S.A. 1996 Supp. 74-2702a and; implementing K.S.A. 1996 2012 Supp. 65-1946 and 65-1953; 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. 69-15-15, as amended, restricts the locations and areas where body art practitioners may provide services to the consuming public to licensed establishments. The regulation also requires licensees in the body art profession to keep individual client records for a minimum of five years, provide pre-service information to consumers including coverage of the health and physical status of the client, and provide post-service information to consumers. Also, the regulation provides restrictions for providing services to incapacitated, impaired, or ill individuals.
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 include the restrictions on where a licensed practitioner may practice, previously listed in K.A.R. 69-15-14, for better organization. Additionally, this regulation is being amended to remove consumers’ personal health information from case history cards which are required to be maintained by a licensee, pursuant to K.S.A. 65-1946. Concerns regarding the security of these files and proper destruction of records require the Board reconsider how this information is retrieved from and discussed with consumers, and to protect licensees from becoming subject to the Health Insurance Portability and Accountability Act or any other similar law pertaining to protected health information. Therefore, the regulation is also amended to require licensees cover consumer health and wellness in the pre-service discussion.
Additional amendments clarify language or were recommended in accordance with the Americans with Disabilities Act. 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 any economic impact on its own resources.
IV. Anticipated Economic Impact upon Other Governmental Agencies.
The Board does not anticipate any economic impact on other governmental agencies.
V. Anticipated Economic Impact upon Private Businesses, Individuals, and Consumers.
The Board anticipates an impact on licensees in terms of storage required for record-keeping and revision of current consent forms or case history cards. The current period for keeping client records in indefinite.
VI. Less Costly or Intrusive Methods That Were Considered, but Rejected, and the Reason for Rejection.
The Board does not find and, therefore, did not consider any less costly or intrusive methods.