03/08/10 Minutes
KANSAS BOARD OF COSMETOLOGY
BOARD MEETING
MINUTES OF MARCH 8, 2010 REGULAR BOARD MEETING
The March 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 Ms. Allene Owen, Member; Mr. Douglas R. Rushing, Member; Mr. James A. George, Member; Mr. Jerry E. Waltrip, Member; Ms. Mary Feighny, Deputy Attorney General; and Ms. Mary Lou Davis, Executive Director for the Board. Mr. Ron McKenzie, Vice-Chair, and Mr. Darrell D. Ringler, Member, were unable to attend. Minutes were recorded by Ms. Lisa S. Florez, Senior Administrative Specialist.
State Representative Jeff Whitham met with the Board prior to the meeting to discuss HB 2722.
ITEM I. PUBLIC COMMENT.
On-line curriculum program for cosmetology apprentices – Mitsu Sato Hair Academy, Overland Park.
Mitsu Sato appeared before the Board to introduce a program for instructing cosmetology on-line. Mr. Sato commented on the flexibility of offering an on-line cosmetology program to meet the needs of non-traditional students. Many academic or professional programs are now offered via internet. Mr. Sato believes on-line training can be incorporated into the cosmetology profession. The instructor would still supervise the apprentice in the virtual classroom. On-line learning would offer the opportunity for a career in cosmetology to those who might not otherwise have access.
Classroom experience would still be required one day per week. The program would require two hours of online learning per day. Students who need help with certain areas of the practical work could get assistance on the day they are required to attend school.
The Board questioned whether all students’ needs could be addressed with only one day of classroom practice training a week.
Mr. Sato acknowledged there are issues which need to be worked through in regard to the on-line training, but that Kansas should consider implementing this type of training.
No other state has approved an on-line training program.
ITEM II. CALL TO ORDER.
The meeting was called to order by Ms. Marie Plinsky, Board Chair.
ITEM III. APPROVAL OF BOARD MINUTES FOR JANUARY 11, 2010
Motion was made to approve the January 11, 2010, Board minutes. (Owen/George)
Motion passed unanimously.
ITEM IV. FINANCIAL REPORT
Year-to-date FY 2010 receipts and expenditures
Ms. Davis reported on receipts and expenditures year-to-date for FY 2010. This will be the first fiscal year the Board will realize the full impact on the budget due the increase in renewal fees for facilities. Revenues are on target.
Legislative status for the FY 2010 and FY 2011 budgets
Review of report from the budget committee which was provided to the full House Appropriations. The Cosmetology Board in conjunction with the Barber Board was directed to prepare a report due May 3, 2010, regarding combining the two boards administratively.
Legislative action – salaries/wages reduced for state officials for the remainder of FY ‘10
Legislators, judges, cabinet secretaries and agency administrators have had their salaries reduced by 5% for the remainder of FY 2010. This does include the Board’s director. It has not been determined at this time if the reduction pertains to Board members.
Lease bid for KBOC office space. Lease expires September 30, 2010.
A Request for Proposal (RFP) was submitted to the Division of Facilities Management.
ITEM V. NEW BUSINESS.
HB 2722 – “Consolidation of certain administrative operations” of the Kansas Board of Barbering and the Kansas Board of Cosmetology.
The Bill was introduced March 1. On March 2, it was referred to the General Government Budget Committee. An economic impact statement was submitted to the Division of Budget and will be forwarded to the Budget Committee. Ms. Davis reported the economic impact statement was budget neutral.
Randy Rushing stated there may be resistance from the Barbering community to any kind of consolidation between the Board of Cosmetology and the Barber Board.
Independent Community College Cosmetology Program. New location at 2615 West Main, independence. Anticipated inspection date, April 1.
Independence Community College is relocating their cosmetology program to another building. The compliance inspection is to occur April 1st.
Field Study Request, Z Hair Academy, Discover 2010, April 11 and 12, St. Louis.
This request was received by the Board on February 8, 2010. The submission is complete. Motion to approve the request for 12 hours of business practices. (Waltrip/Owen).
Motion passed unanimously.
Field Study Request, Xenon’s International Academy, Olathe. Spring Show 2010, Council Bluffs, Iowa. April 10 and 11.
This request was received by the Board on February 22, 2010. The submission is complete. Motion to approve the request for 14.5 hours of physical services, chemical services, hair designing and business practices. (Owen/Waltrip).
Motion passed unanimously.
Field Study Request, Xenon’s International Academy, Wichita. Spring Show 2010, Council Bluffs, Iowa. April 10 and 11.
This request was received by the Board on February 22, 2010. The submission is complete. Motion to approve the request for 14.5 hours of physical services, chemical services, hair designing and business practices. (Owen/Waltrip).
Motion passed unanimously.
Field Study Request, Eric Fisher Academy. Salon observations for March 16 and March 30.
The requests were received February 22nd and 24th. The submissions are complete. Motion to approve the requests for 5 hours of business practices each day. (Owen/George).
Motion passed unanimously.
Heather Cassmeyer, instructor application for esthetics
This individual is a licensed nail technician instructor and is also a licensed esthetician. She has now made application to be an esthetics instructor. The question before the Board is should Ms. Cassmeyer be allowed to be licensed as an esthetics instructor without taking the written instructor exam? Her instructor training was 450 hours.
The Board has previously approved this situation for another individual, Ashley Bonds. The Board concurs that Ms. Cassmeyer is allowed to obtain her second instructor license without having to retake instructor training or taking the written instructor exam. Motion to approve Heather Cassmeyer’s esthetics instructor application. (George/Owen).
Motion passed unanimously.
Motion to break for ten minutes. (Waltrip/Owen).
Motion passed unanimously.
VI. OLD BUSINESS
Proposal for Body Art School at Independence Community College.
A letter was sent to Dean Forsberg at Independence Community College regarding a market study and other questions the Board had from its last meeting regarding the proposed body art school at ICC. As yet, no response has been received.
Mr. George reported he had sent letters to the state boards in Arkansas and New Hampshire. Both states allow for the training of body art in schools. Mr. George would like to review those state’s laws as they pertain to body art school licensure.
Dermal Anchoring
The Director stated a meeting was had with legal counsel from the Board of Healing Arts (BOHA) and the Assistant Attorney General, Derenda Mitchell, who staffs this agency, regarding dermal anchoring as the procedure involves both agencies. According to statute, dermal anchoring is not permitted as it is anchoring and imbedding piercings into the body. Counsel for BOHA believes dermal anchoring to be a medical procedure.
Mr. George commented that dermal anchoring was like a surface piercing, the difference being the dermal anchor does not exit the skin.
Mary Feighny commented that dermal anchoring is a BOHA issue to pursue regarding enforcement.
Mr. George asked whether the Board would suggest that body art professionals who feel this is a piercing just like any other legal piercing should seek recourse with BOHA.
Ms. Feighny agreed BOHA would be the appropriate authority.
HB 2597 – tattoo artists licensure by endorsement
The House Committee Chair has advised this bill will not have a hearing. It would need to be introduced as a new bill next session in order to be reconsidered.
Continuing Education for practitioners in the cosmetology professions
The issue of continuing education for practitioners of the cosmetology profession was brought before the Board for consideration at the public comment section of the Board’s last meeting.
A report was generated in conjunction with DISC which indicated in 2009, over 4,000 out of 4,600 cosmetology profession facilities had four or fewer violations reported at their most recent (2009) inspection. This indicates a trend of practitioner knowledge of law and infection control regulations.
No additional information has been submitted to the Board by the individuals who brought the issue before the Board at the last meeting. No further action to be taken at this time.
VII. EXECUTIVE DIRECTOR'S REPORT
Review of monthly disciplinary action and complaint reports
The Board reviewed the monthly disciplinary action reports for January and February.
Northwest Kansas Technical College, Goodland. Floor plan submission. Equipment update for practice floor. Esthetic rooms to be reconfigured.
A floor plan was submitted by the school outlining the specifications of the new practice floor. Once the update is complete, the Board will inspect the facility to ensure compliance.
Board and Commission Orientation, Friday, April 23, 2010
8:30 a.m. to 12:30 p.m., Memorial Building, 120 SW Tenth Avenue, Topeka. Presentation by the Kansas Attorney General’s Office.
National Interstate Council of State Boards of Cosmetology, Annual conference, August 26 through 30. Seattle, Washington.
The Board has not attended this conference for two years. It may be appropriate at this time to send a representative to the conference to remain current. The budget may allow the expense.
VIII. ADJOURNMENT – Next regularly scheduled Board meeting, Monday May 10, 2010
Board panel review of felony convictions upon adjournment of meeting.
Board panel review of pending disciplinary action.
Motion to adjourn. (Owen/George).
Motion passed unanimously.