Facility Establishment standards. All facilities Each establishment licensee shall meet ensure that the following criteria. requirements are met at the establishment:
(a) All areas shall be kept clean and in good repair.
(b) All surfaces, including counters, tables, equipment, client chairs,
or and recliners, that are in treatment and sterilization areas shall be made of smooth, nonabsorbent, and nonporous material.
(c) All surfaces
or and all blood spills shall be cleaned using an EPA-registered, a hospital-grade disinfectant registered with the United States environmental protection agency (EPA).
(d) The water and plumbing fixtures in the
facility establishment shall include easy access to a sink with hot and cold running water , as part of the surrounding premises or adjacent to the facility but that is separate from a public restroom.
(e) Toilet facilities shall be kept clean and in good working order at all times. Each toilet shall have a handwashing sink and a soap dispenser with disposable towels or an air dryer for hands.
facility establishment shall be equipped with adequate and sufficient artificial or natural lighting , providing that provides at least 10 foot-candles of light at the work station or table , and is used at all times during which business is being conducted while any service is being provided.
facility establishment shall be well ventilated with natural or mechanical methods that remove or exhaust fumes, vapors, or and dust in order to prevent hazardous conditions from occurring or to allow the free flow of air in a room in proportion to the size of the room and the capacity of the room.
A proprietor or person in charge of the facility may designate the entire area as a nonsmoking area. A designated smoking area means any area set aside by a proprietor or person in charge of a public place where tobacco smoking is permitted and where a sign indicates the same. No person shall smoke or carry any lighted smoking device in a public place except in designated smoking areas. No facility shall be designated in its entirety as a smoking area. “Public place” means any enclosed indoor area open to and frequented by the public. “Open to and frequented by the public” means any area where the public can freely enter or move without special invitation Pets and other animals shall not be permitted in the establishment. This prohibition shall not apply to assistance dogs and professional therapy dogs, as defined by K.S.A. 2012 Supp. 39-1113 and amendments thereto, or fish in aquariums.
(i) If a room used for residential purposes is the same room or adjacent to a room used for the practice of
permanent color cosmetic tattooing, tattooing, or body piercing, then a solid partition shall separate the premises area used for residential purposes from the tattooing and piercing area. The partition may contain a door , provided it if the door remains closed, except for entering and leaving.
(j) If a room used for any business purposes other than
permanent color cosmetic tattooing, tattooing, or body piercing is the same room or is adjacent to a room used for the practice of permanent color cosmetic tattooing, tattooing, or body piercing, then the board may require that at least one or more of the following requirements may be required by the board to be satisfied met if there are conditions that the board considers a possible threat to the health of the employees, the customers, or the public:
(1) A solid partition shall separate the
premises room used for other business purposes from the permanent color cosmetic tattooing, tattooing, or body piercing area. The partition may contain a door , provided it if the door remains closed, except for entering and leaving.
(2) A separate outside entrance shall be provided for the
Pets or other animals shall not be permitted in the business facility. This prohibition shall not apply to registered therapy animals; trained guide animals for the disabled, sightless, or hearing impaired; or fish in aquariums Each establishment licensee shall maintain at the establishment for at least five years a copy of the records kept by individual licensees as required by K.A.R. 69-15-15. (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 65-1949; 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
I. Summary of Proposed Regulation, Including Its Purpose.
K.A.R. 69-15-16 outlines the requirements for licensed body art facilities. Subsection (k) requires body art establishments to keep a copy of individual client records for a minimum of five years for all licensees providing body art services at that facility. The purpose of amending this regulation is to provide an additional client record location to protect consumers from the mobility of licensed body art professionals.
II. Reason(s) the Proposed Regulation is Required, Including Whether or Not the Regulation is Mandated by Federal Law.
This regulation is amended to expand the requirements placed on body art establishments with regard to client record-keeping. Currently, clients face the challenge of seeking their case history from practitioners who are mobile and change shops and locations frequently and easily. Requiring establishments to maintain copies of this information allows consumers a certain level of protection by ensuring their information (within five years) is available at the facility where their body art service was provided. Additional amendments clarify language or were recommended in accordance with the Clean Air 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 establishments in terms of documentation and storage for this new establishment requirement. However, the Board recognizes that establishment owners have been requesting such a regulatory change for several years as a result of licensees keeping client records and leaving establishment owners without any consumer information or potential marketing contact information for consumers. Therefore, these changes may create a positive economic impact on consumers and private businesses.
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.