K.A.R. 69-15-7. Examination for
permanent color technicians cosmetic tattoo artists, tattoo artists, or body piercing technicians piercers. (a) The examination examinations for tattoo, cosmetic tattoo, and body piercing shall consist of both a written examination and a practical examination on safety, sanitation, and standards of practice.
examination examinations shall test the applicant’s knowledge of these the following areas:
(1) Basic principles of safety, sanitation, and sterilization;
(2) Kansas laws and
(3) chemical use and storage;
(4) diseases and disorders including skin disease, HIV, hepatitis B, and
communicable or transmittable infectious or contagious diseases;
(5) equipment, supplies, tools, and implements;
(6) practice standards;
facility establishment standards; and
(c) The written examination shall consist of no more than 150 multiple-choice questions and shall not exceed two hours in duration. The examination shall be closed-book and shall be presented and conducted in English. The examination shall consist of two sections, with one section composed entirely of questions related to Kansas law.
(d) To test the applicant’s knowledge of infection-control practices and practice standards, the practical examination shall evaluate the following:
(1) A setup for an actual procedure;
(2) a mock demonstration of a procedure; and
(3) a demonstration of the clean-up process for a procedure.
Examination candidates To be eligible for licensure, each applicant shall achieve attain a score of at least 75 percent or higher score on both each section of the written examination and a score of at least 75 percent on the practical sections in order to be issued a license examination. (Authorized by K.S.A. 2012 Supp. 65-1943 and 65-1948 and K.S.A. 74-2702a; implementing L. 1996, Ch. 138, Sec. 4(d)(2) K.S.A. 2012 Supp. 65-1943 and 65-1948; 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. 69-15-7
I. Summary of Proposed Regulation, Including Its Purpose.
K.A.R. 69-15-7 details the breakdown of the body art examination, including a written exam consisting of no more than 150 multiple-choice questions and a practical exam on safety, sanitation, and practice. The regulation also sets the minimum passing score for both exams and the topics covered on each.
II. Reason(s) the Proposed Regulation is Required, Including Whether or Not the Regulation is Mandated by Federal Law.
This regulation is amended to separate the written examination into two distinct sections, one consisting entirely of questions regarding Kansas statutes and regulations. Also, subsection (e) is amended to require a minimum passing score of 75% on the section of the written exam dedicated to Kansas law. 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 anticipates a potential increase in fee revenue and Board resources expended resulting from applicants who fail the Kansas law portion of the exam and are required to re-take the written examination. However, due to the small number of body art written exams that are given each year, the Board anticipates this amount will be negligible.
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 economic impact on applicants in the form of increased costs associated with re-take examination fees and any economic loss associated with travel to/from the examination site, time off work, etc. However, individuals who are adequately prepared and who have studied the Kansas statutes and regulations will not be subject to this added expense. Additionally, the impact of having licensees that are knowledgeable and familiar with Kansas law will economically impact consumers, licensees, and businesses positively by preventing disciplinary action (fines), ensure consumer health and safety, and securing employment.
VI. Less Costly or Intrusive Methods That Were Considered, but Rejected, and the Reason for Rejection.
The Board considered alternative means of providing the Kansas law questions on the examination, but all were more expensive than writing it as a separate segment of the written exam. After determining that this would be the new examination structure, the Board wished to provide clarity in requiring competence and passing of those separate questions. Additionally, with the destruction of artificial barriers to entry for out-of-state applicants, there was a need to have an increased Kansas law emphasis on the examination. After reviewing each of these factors, the Board decided to proceed with this regulatory change.