5/11/09 Minutes

KANSAS BOARD OF COSMETOLOGY
BOARD MEETING

MINUTES OF SEPTEMBER 14, 2009                                        REGULAR BOARD MEETING

The September meeting of the Kansas Board of Cosmetology was held at the Board office, 714 SW Jackson, Suite 100, Topeka, Kansas. The meeting was called to order by Ms. Marie Plinsky, Board Chair. Also in attendance were Mr. Ron McKenzie, Vice-Chair; Ms. Allene Owen, Member; Mr. Douglas R. Rushing, Member; Mr. Jerry E. Waltrip, Member; Mr. Darrell D. Ringler, Member; Mr. James A. George, Member; Ms. Mary Feighny, Deputy Attorney General; and Ms. Mary Lou Davis, Executive Director for the Board. Ms. Marian Brown, Member, was unable to attend. Minutes were recorded by Ms. Lisa S. Florez, Senior Administrative Specialist.

ITEM I. PUBLIC COMMENT.
Appearance before the board via teleconference by Kathy Farres, licensed cosmetologist and cosmetology establishment owner, regarding the training of therapy dogs at her facility. Ms. Farres is also a therapy dog evaluator for Therapy Dogs Inc. The request is on the business agenda and will be decided upon at that time.

ITEM II. CALL TO ORDER.
The meeting was called to order by Ms. Marie Plinsky, Board Chair.

The Board has been notified of the re-appointment of Ms. Marie Plinsky to the Board and also of Mr. James G. George’s appointment to the Board of Cosmetology. Mr. George has been appointed as the body art profession representative.

Ms. Marian Brown is not seeking re-appointment for her position on the Board.

ITEM III. APPROVAL OF BOARD MINUTES FOR MAY 11, 2009
Motion was made to approve the May 11, 2009, Board minutes. (Owen/Rushing)
Motion passed unanimously.

ITEM IV. FINANCIAL REPORT

Closure of the FY 2009 budget
Ms. Davis reviewed the 404 aggregate report which showed the actual budget for FY 2009 and the balance forward for FY 2010 and FY 2011.

FY 2010 and FY 2011 – Governor Parkinson’s latest budget directive
Submission of updated FY 2010 and FY 2011 budgets due September 15, 2009.

Ms. Davis reported enhancements will be requested in the FY 2010 and FY 2011 budgets for the new database’s maintenance agreement. Another enhancement will be for a new vehicle for the inspection program.

The Board continues to have a vacant staff position in order to maintain budget constraints.

Ms. Davis reviewed the Adjustments to Agency Budget report with the Board. Also reviewed the SR05 Budget Request Summary report. This report shows the FY 2009 actual expenditures. The report also shows expenditure amounts budgeted for FY 2010 and FY 2011.

Mr. Rushing inquired regarding the printing and binding expense. The budget drops from $12,459 in ’09 to $7,000 in ’10. Mr. Rushing inquired if this is a reflection of the savings from online renewal. Ms. Davis replied that the online renewal will likely produce a $15,000 savings, due to change in legislation that the Board took before the 2009 legislature. The $15,000 savings will be realized due to no longer sending the law booklet with the cosmetology professions’ practitioner renewal notices. Part of the savings will be utilized in other areas of the budget.

Hays study - market equity
A study was conducted to determine if state employees were being paid equitably compared to employees in the private sector. The initial study found certain state employees were not being paid on par with those employees in the private sector. Certain positions have been given a pay adjustment to bring their wages to fair market value.

There is a similar study upcoming for market equity among inspectors.

ITEM V. NEW BUSINESS.

Field Study Request, Seward County Community College, Peel’s Creative Edge Show, Denver
This request was received by the Board on August 6, 2009. The submission is complete.
Motion to approve the request for 15 hours in the areas of physical services, chemical services, hair designing and business practices. (Owen/ McKenzie).
Motion passed unanimously.

Field Study Request, Eric Fisher Academy, October 20, Salon Observations
This request was received by the Board on August 26, 2009. The submission is complete. Motion to approve the request for 5 hours of business practices. (McKenzie/Owen).
Motion passed unanimously.

Field Study Request, Eric Fisher Academy, November 10, Salon Visits
This request was received by the Board on August 28, 2009. The submission is complete. Motion to approve the request for 5 hours of business practices. (McKenzie/Owen).
Motion passed unanimously.

Field Study Request, Eric Fisher Academy, December 10 and 11, International Dermal Institute, Dallas
This request was received by the Board on August 28, 2009. The submission is complete. Ms. Davis reported that Eric Fisher Academy has sought approval for some events which delve into the area of medical esthetics or “medi-spas”. Ms. Davis suggested the Board caution the school regarding further submissions that may include medical esthetics or other practices which are beyond the scope of the cosmetology/esthetics profession.

Motion to approve the request for 5 hours of business practices and skin treatments, with a caution to the school regarding the scope of the profession. (McKenzie/Owen).
Motion passed unanimously.

Field Study Request, Xenon’s International Academy, Wichita and Olathe, September 19 and 20, Peel’s Creative Edge Show, Council Bluffs Iowa
This request was received by the Board on August 31, 2009. The submission is complete.
Motion to approve the request for 15 hours in the areas of physical services, chemical services, hair designing and business practices. (McKenzie/Owen).
Motion passed unanimously.

Reported and confirmed infectious outbreaks due to licensed and unlicensed body art practice
The Board has received a report from the Lyon County Health Department Director regarding five cases of infection associated with recent tattoo services. Two of the five were confirmed MRSA. The Lyon County Health Department Director accompanied a Board member, staff member and inspector to the facility where the tattoos were reportedly received. Another case of MRSA was reported at this time. An inspection was conducted and the facility was observed to be in compliance.

A report came to the Board from Allen County’s Health Department stating there were four to five outbreaks of infection in that county as a result of tattoo procedures. Two were known to be MRSA. The individuals who became infected are unwilling to report who provided the tattoo services. There is suspicion the provider of the tattoo services is unlicensed.

Ms. Davis reported she contacted the Governor’s office in order to coordinate a public service announcement in view of the seriousness of the infections and MRSA. The Kansas Department of Health and Environment will formulate the public service announcement.

In July, the Leavenworth Police Department assisted in a bulletin which covered most of the northeast and southeast portion of the state regarding unlicensed body art practices.

Training Therapy Dogs – presence in a licensed cosmetology facility. KAR 28-24-14 and KSA 39-1113
Mary Feighny spoke about the regulation which prohibits animals in cosmetology profession facilities and that Ms. Kathy Farres is asking to be excused from that regulation. The Board does have the discretion not to pursue action against Ms. Farres for having animals in her facility.

Motion to deny the training of therapy dogs in a licensed cosmetology facility, based on KAR 28-24-14. (Owen/George).
Motion passed unanimously.

Proposal for Body Art School at Independence Community College. Theory instruction only at ICC
Currently there is no provision in the law for body art schools. Ms. Davis reported the Board has been contacted by James A. George, Board member, regarding the teaching of body art theory instruction at Independence Community College. In legislative session 2008, the law was revised that training as an apprentice would be the only method of licensure for body art professions in the state of Kansas. Therefore, the law would need to be changed in order to proceed with body art training in a school facility.

Mr. George will answer questions the Board may have but will not participate in the Board’s decision regarding the school proposal.

The Board discussed assembling a panel or committee to further research the need for teaching body art at a licensed school. The process of creating or changing the law in how body art professionals are licensed and incorporating body art schools into the law would be a very time consuming task. Facility standards would need to be established. A standardized curriculum would need to be written.

Mr. McKenzie commented that if such a program were approved it would need to encompass all schools, both private and public.

Ms. Davis remarked that this may be better suited to proceed under the Proprietary School Act through the Board of Regents.

Mr. George stated the program could initially start as a certificate program and then proceed to the Board of Regents for accreditation approval.

Ms. Davis inquired whether there has been a market study to determine the need for this type of service. Mr. George replied he believes there has been but he does not currently have the resulting information.

Mr. Rushing asked Mr. George what his motivation or reasoning was to propose a school program for body art theory instruction. Mr. George replied that the industry is growing substantially and there is a need for instruction. Additionally, some apprenticeships, although not in Kansas, do not properly train body art students.

Mr. George reported that Independence Community College is very interested in establishing a body art theory instruction program at their school.

Ms. Davis asked the Board how they would like to move forward with this proposal. The Board concurred that much more information is needed prior to making a decision. The Board would like further information regarding the need for having body art instruction in schools. More research needs to be done and the process will be lengthy as it will involve a legislative revision and changing the law.

At this time, the Board would like to proceed by getting a determination from the Board of Regents regarding whether this type of school program falls into the Proprietary School Act.

Notification that Vernon’s School of Cosmetology – Emporia closed effective September 4, 2009
Ms. Davis reported that Vernon’s sent correspondence to the Board stating the facility closed September 4, 2009.

The Board inquired regarding any remaining students. Ms Davis stated she believes all students have graduated.

VI. Old Business

High School graduation or the “equivalent thereof.” Review of policy
The law states that in order to become licensed as a practitioner, you must be a high school graduate from an accredited high school, or have the equivalent thereof, which must be a General Equivalency Diploma (GED). The Board previously determined that Kansas home schools which are registered with the Kansas Board of Education and can provide a transcript or other verification of graduation which will be recognized as equivalent to high school graduation.

A particular situation in front of the Board regarding this issue involves an individual who was home schooled in Missouri. The individual’s mother has stated that a new Kansas law came into effect last legislative session which recognizes an ACT score of 21 or better as the equivalent to a high school education. The individual does not want to obtain a GED because of their perception of negative stigma associated with the GED program. The individual’s mother has asked the Board to accept her daughter’s ACT score as the equivalent to a high school education.

Ms. Feighny asked the Board if they would accept this individual’s ACT score as the equivalent to high school graduation. Ms. Feighny noted if the individual had gone to high school or been home schooled in Kansas and received a score of 21 on the ACT they would be eligible to attend any Kansas college. However, this individual was not home schooled in Kansas.

Motion to continue to accept an accredited high school education or equivalent thereof in the form of a GED, with the exception stated regarding graduates of Kansas home schools registered with the KDOE, as the standard for practitioner licensure. (Waltrip/Owen).
Motion passed unanimously.

Old Town Barber and Beauty College Wichita. Teach-out for two students. Larry Nienhueser, President, and Lori Ferguson, Director, to address the Board
Mr. Nienhueser and Ms. Ferguson did not appear.

University Plaza Cosmetology Academy, Wichita. School location is closed
This school sent in the licenses for the apprentice student which were enrolled at the time of closing and notified the Board those students have been placed at other schools.

VII. Disciplinary Action
Ms. Davis provided notice to the Board that there are currently three cosmetology schools which are currently being investigated. The investigations are based on student complaints.

JT Nails, Pratt – Petitioner for Stay of Final Order
Motion to approve the stay on the fine during the pendency of the District Court review and to deny the stay for the facility license. (Ringler/Owen).
Motion passed unanimously.

VIII. Executive Director’s Report

Orientation for Professional and Occupational Licensing Board Members, pending training date
This class will train Board members on their responsibilities under the law as it pertains to the Open Records Act, the Open Meetings Act, and other legislation. The meeting is voluntary, however Ms. Davis would like for all members to attend if possible. The date has yet to be determined.

Board Member report – Mr. Waltrip accompanied Board inspector on routine inspections in SE Kansas
Mr. Waltrip accompanied inspector Sue Madl on inspections this June. Mr. Waltrip found the experience to be informative and educational.

AJ Keehn – new KBOC staff member
Mr. AJ Keehn has joined the Board staff. He will primarily work on accounting, budget, and human resources.

Cosmetology profession facilities – delinquency period and August 29 expiration of licenses. To date 119 there are 119 facilities that are not currently renewed. Facilities which have failed to renew must now make new application for licensure. There will be disciplinary action taken against facilities which are operating without a current license.

Review of Monthly Disciplinary Action and Complaint Reports
The Board reviewed the monthly disciplinary action reports for July and August.

Website updates: applications and forms available on-line
Some applications and forms are now available online at the Board’s website. We are continuing to add more forms as they become available for publishing.

Kansas Dental Board Public Hearing, July 24, 2009
Regulation adopted which prohibits anyone other than a dentist or dental assistant from performing teeth whitening services on individuals.

National Interstate Council of State Boards of Cosmetology (NIC), Annual Conference. Myrtle Beach, SC, September 28, 2009.
Due to budget constraints, no one from the Board will attend.

IX. Election of Board Chair
There is a vacancy on the Board’s felony review panel since member Rogene Handlon’s resignation. Anyone wishing to fill the position should advise Ms. Davis.

Motion to elect Marie Plinsky as Chairperson. (McKenzie/George).
Motion passed unanimously.

Election of Vice-Chair
Motion to elect Ron McKenzie as Vice-Chairperson. (Ringler/George).
Motion passed unanimously.

X. Adjournment
Next regularly scheduled board meeting Monday, November 9, 2009.

Board panel review of felony convictions and pending disciplinary action upon adjournment of meeting.

Motion to adjourn. (Owen/Rushing).
Motion passed unanimously.