K.A.R. 69-15-31. Basic body piercing; limitations. (a) Before July 1, 2015, each applicant for licensure as an advanced body piercer that is currently licensed as a body piercer shall apply on forms provided by the board and accompanied by the following:
(1) The nonrefundable initial license fee;
(2) a valid Kansas body piercer license number; and
(3) verification of 50 completed procedures in at least five areas not listed in subsection (b) or in an area where a consumer has another piercing.
(b) On and after July 1, 2015, each licensee that has not complied with subsection (a) or has not successfully completed the advanced training program for body piercing specified in K.A.R. 69-15-2 shall be allowed to perform only the following types of piercing, which shall be limited to a single piercing in each area:
(1) Ears, which shall be limited to lobe, helix, conch, rook, tragus, antitragus, and snug;
(3) central tongue;
(6) navel; and
(7) lower labret. (Authorized by K.S.A. 2012 Supp. 65-1949 and K.S.A. 74-2702a; implementing K.S.A. 2012 Supp. 65-1943; effective P-_____________.)
Economic Impact Statement for
I. Summary of Proposed Regulation, Including Its Purpose.
K.A.R. 69-15-31 is a new regulation regarding licensees who perform piercings. The purpose of this regulation is to prevent or limit the types of piercings that can be performed by licensees who have not completed the advanced training program for body piercing as provided in K.A.R. 69-15-2. This regulation also provides a grandfather clause to allow current licensees to continue to practice as previously allowed.
II. Reason(s) the Proposed Regulation is Required, Including Whether or Not the Regulation is Mandated by Federal Law.
This regulation is required to grant the Board the authority to bring disciplinary action against licensees for performing advanced piercing procedures on consumers without the requisite level of training. The current regulatory scheme outlines the training requirements for basic body piercing and advanced body piercing, but fails to provide recourse against licensees who perform procedures more advanced than their level of training. Without this regulation, the Board may be thwarted in their attempts to properly regulate the profession and protect consumers. The Board often receives complaints that licensees that have not completed the advanced training program are performing advanced piercings on consumers. 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.
This regulation may utilize additional Board resources in the form of time spent investigating complaints, conducting necessary inspections, and taking disciplinary action against violators. Resources may be in the form of time, mileage, and minimal office expenses. The Board anticipates increased revenues due to fine collections from disciplinary action.
IV. Anticipated Economic Impact upon Other Governmental Agencies.
The Board will adopt a standard disciplinary action, in the form of a fine, pursuant to K.S.A. 65-1947. Ten percent of revenues generated by disciplinary action will go to the State General Fund. Additionally, in cases of requests for review or other appeals resulting from disciplinary action, the Attorney General’s office may be utilized as the Board’s legal counsel. Costs are incalculable because the relevant factors including frequency of violations, amount of the imposed fine, and number of requests for review are unknown. Otherwise, the Board does not anticipate economic impact on other governmental agencies.
V. Anticipated Economic Impact upon Private Businesses, Individuals, and Consumers.
Though the Board does not generally anticipate any economic impact on private businesses, individuals, or consumers, there will be a financial impact on violators of the regulation in the amount of the disciplinary fine adopted by the Board. There may be a slight economic impact on licensees who decide to complete the advanced training program, which involves a financial obligation to a licensed trainer. Additionally, licensees who have not completed the advanced training program may see a decrease in revenue due to their inability to perform advanced piercings.
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.