07/12/10 Minutes

KANSAS BOARD OF COSMETOLOGY
BOARD MEETING

The July 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. James A. George, Member; Mr. Jerry E. Waltrip, Member; and Mr. Darrell D. Ringler, Member.  Ms. Mary Feighny, Deputy Attorney General; and Ms. Mary Lou Davis, Executive Director for the Board, were also in attendance. Minutes were recorded by Ms. Lisa S. Florez, Senior Administrative Specialist.

ITEM I. PUBLIC COMMENT.
Jean Williams and Vonnda McCabe. Consumer protection concerns regarding chemicals and procedures in the practice of hair care.
Jean Williams and Vonda McCabe discussed alternatives to relaxer treatments on hair. Chemical relaxers are very damaging to the hair and scalp. Ms. Williams and Ms. McCabe would like to see an alternative to relaxers being taught at cosmetology schools and used in salons. The industry needs to evolve and progress utilizing available technology to stop the use of harmful chemical relaxers.

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

ITEM III. APPROVAL OF BOARD MINUTES FOR MAY 10, 2010, AND MINUTES FROM BOARD TELECONFERENCE HELD MAY 24, 2010
Motion was made to approve the May 10, 2010, Board minutes.  (Owen/Waltrip).
Motion passed unanimously.

The minutes for the May 24, 2010, Board teleconference were reviewed. Mr. Rushing inquired whether parliamentary procedure had been correctly followed regarding the committee meeting on May 17th, the committee’s recommendation to the Board to abolish the apprentice program, and the subsequent report by Mr. McKenzie that he wished to withdraw his support for abolishment of the apprentice program.  The Board conferred with counsel, Mary Feighny, regarding whether procedure was correctly followed. Ms. Feighny stated there was no infringement of parliamentary procedure.

Motion was made to approve the May 24, 2010, Board minutes.  (George/Owen).
Motion passed unanimously.

ITEM IV. FINANCIAL REPORT
Ms. Davis reviewed with the Board a report from the Budget Director which assessed the State’s General Fund income versus expenditures for FY 2001 to FY 2011. In FY 2006 and 2007, expenditures began to surpass income. FY 2010 showed the largest discrepancy between budgeted expenditures and actual receipts. FY 2011 is projected to have an even larger discrepancy.

Year-to-date FY 2010 receipts and expenditures
Ms. Davis reported on receipts and expenditures year-to-date for FY 2010. The fiscal year ended June 30, 2010. At this time the carryover for the budget is approximately $30,000.00.

Mr. Rushing inquired whether the $30,000 budget carryover would be taken from the Board’s budget to be incorporated into the overall State budget. Ms. Davis indicated if that were to happen she would strive to keep the carryover within the Board’s budget.

Legislative status for the FY 2011 budget. Enhancement approved – state vehicle.
A budget enhancement was approved by the Legislature for the purchase of a new vehicle for the inspection program.

At this time, the Board will begin preparing the FY 2012 and 2013 budgets which must be submitted to the Governor’s Budget Office by September 15, 2010. The target is to maintain the budget from FY 2011 for the following two years. An enhancement for a vehicle will be requested both years.

Mr. Rushing inquired in regard to budgeting any additional expense for information technology improvements with the database and online services. Ms. Davis reported any necessary database improvements may be covered under the maintenance contract with the database firm.

Mr. Ringler commented on the potential loss of revenue due to the effect of the federal tax on tanning facilities causing a decrease in the number of tanning facilities. Ms. Davis agreed on the additional impact this may have on the budget.

Market adjustment for KBOC employees - $24,000 salary/wages adjustment for FY ’11.
A study was completed with regard to state employees’ salary and wages as compared to similar positions’ salary and wages in the private sector. As a result of the study, all classified positions received a market study increase. The four Board inspectors received a ten percent wage increase and all administrative staff received a five percent increase. The increase began the first pay-period of the fiscal year. The Board’s FY 2011 budget will be impacted by $24,000 for the increases.

Additionally, the budget will be impacted by an increase in state employee insurance costs beginning January 1, 2011. Employee contribution will increase by approximately 9%; the State’s contributory portion will increase by approximately 15%.

Lease bid for KBOC office space. Lease expires September 30, 2010.
The Joint Committee on Building Construction approved the lease contract which will come into effect October 1, 2010. This lease is for five years.

ITEM V. NEW BUSINESS.
School application, Z Hair Academy, Overland Park
Z Hair Academy has submitted an application for a cosmetology school to be located at 14471 Metcalf, Overland Park. Also submitted was the required supporting documentation. The anticipated opening date is September 1, 2010. The Board reviewed the application for completion.

Motion to approve Z Hair Academy’s school application contingent upon the successful completion of a physical inspection.  (Owen/Ringler).
Motion passed.  Ron McKenzie abstained.

Field Study Request, Eric Fisher Academy, salon observations.  Tuesday, July 20.
This request was received by the Board on June 2, 2010. The submission is complete.

Field Study Request, Eric Fisher Academy, spa tours. Tuesday, August 10.
This request was received by the Board on June 24, 2010. The submission is complete.

Field Study Request, Eric Fisher Academy, salon observations, Tuesday, September 7.
This request was received by the Board on June 24, 2010. The submission is complete.
Motion to approve all three field study requests from Eric Fisher Academy for 5 hours of business practices per event.  (McKenzie/Owen).
Motion passed unanimously.

Field Study Request, B-Street Design, Manhattan and Topeka.  Sunday, August 8th.  Cut, Color, Create presentation sponsored by State Beauty Supply.
This request was received by the Board June 18, 2010. The Board reviewed the submission and determined an additional submission of an accurate listing of students and instructors is needed to confirm the required instructor to student ratio.

Motion to approve the request for 6 hours of physical services/procedures, pending an accurate listing of instructors and students is submitted to the Board by July 26, 2010.  (McKenzie/Owen).
Motion passed unanimously.

Field Study Request, Hays Academy of Hair Design, salon observations, Tuesday, July 20 and August 3.
This request was received by the Board on July 6, 2010. The submission is complete.

Motion to approve the request for 3 hours of business practices per each event.  (Owen/McKenzie).
Motion passed unanimously.

Review of 2010 legislative revisions which impact state agencies. Mary Feighny, Deputy Attorney General
Ms. Feighny reviewed pertinent legislative changes with the Board.

Kansas Indoor Clean Air Act, enacted by the 2010 legislature.  It’s impact on facilities regulated by KBOC.
This Act will affect facilities licensed by the Board in regard to smoking on the premises.  The Clean Air Act prohibits smoking in the facility and anywhere within ten feet of the door of the facility. Should there be repeated violation of the Indoor Clean Air Act by a facility, the Board will notify local law enforcement in writing and copy the correspondence to the facility.

Age limits for consumers seeking body art services. James George.
Mr. George stated that one intent of body art laws and regulation is to protect minors from being tattooed or pierced. Mr. George believes that current law and regulation does not serve that intent by not stating a minimum age limit for performing body art on minors.

Mr. George contended a minimum age limit of 16 years should be established for body piercing or tattooing minors. Mr. George presented information to the Board regarding the law and regulation of the other states on minimum age limits for body art procedures.

The current Kansas statute requires anyone under the age of 18 years to have parental consent to receive body art services and the parent must remain on the premises during the procedure.

A discussion was had by the Board regarding the minimum age limit proposed by Mr. George.  Ms. Feighny inquired of Mr. George if he was proposing a motion to change statute regarding the age requirement for body art. Mr. George indicated he was making that motion. There was no second to the motion. The motion died.

Mr. George requested the following comments be included in the minutes: “I‘d like to go on the record that I do think it’s very irresponsible to have this open on the end and that I feel strongly, very strongly that there needs to be a minimum age requirement and I think you’re going to see a problem down the road if you do not do something about it. And I’d like that on the record.”

VI. Old Business
Federal excise tax on tanning services. Effective July 1, 2010.  Information posted on the KBOC website.
The IRS contacted the Board in mid-June requesting the Board facilitate the exchange of information provided by the IRS to tanning facility owners in the state. Ms. Davis reported that an explanation of the tanning tax has been posted on the Board’s website. The posting also provides tax form and contact information for the IRS. The excise tax was also noted in the facility newsletter which is sent out with renewed facility licenses.

Ms. Davis inquired of the Board whether correspondence should be sent to tanning facility owners reviewing the Federal excise tax on tanning services. Mr. Ringler reported that very little information has been provided to facility owners regarding the tax. He also noted that the tax is due quarterly. Board consensus was to send a letter to tanning facility owners to inform them of the excise tax.

Mr. Rushing added that in the same health care bill which generated the tax on tanning services, a new provision was included stating that any vendor who is paid by a business $600 or more in a calendar year must be reported to the IRS on a form 1099. This will be an additional impact on facilities licensed by the Board.

Ms. Davis inquired whether the Board would also like to send correspondence to facilities regarding the Kansas Clean Air Act. Members of the Board reported the Kansas Department of Health and Environment has sent a letter to businesses outlining the Act; therefore, no letter from the Board is necessary.

Review of KSA 65-1912.  Apprentice licensure; temporary and permanent regulation.
Ms. Davis distributed for review a memorandum from Mary Feighny regarding the apprentice licensure matter. Also distributed were a brief outline of the terms “enrollment date” and “start date”, a sample apprentice license application, and copies of the law pertaining to apprentice licensure, KSA 65-1901 and KSA 65-1912.

Mr. Rushing referenced the memorandum with regard to apprentice license applicants who have a felony conviction. The memorandum states that the Board’s current policy of requiring an individual who has a felony record to appear before the Board to establish they have sufficiently rehabilitated prior to becoming an apprentice at a school is beyond the Board’s authority. The student can begin school and is not required to appear before the Board for approval of licensure until having made application for practitioner licensure. Ms. Davis stated once an application for licensure has been received and the felony question has been answered “yes”, the Board would likely issue a summary order denying the application. Ms. Davis noted this was not the Board’s intent in having applicants with felony convictions appear before the Board to be approved for licensure.

The Board’s original intent was that any person who had a felony should not proceed with school until appearing before the Board to be approved for licensure. In this way, an individual would not spend thousands of dollars and many hours only to be denied licensure.

Mr. Rushing commented that the burden should fall upon schools to have any student convicted of a felony appear before the Board prior to starting school. Mr. Rushing suggested rewording the apprentice application so that the student can be aware if they have a felony conviction they should appear before the Board prior to starting school to avoid potentially losing money and spending the time in school.

Ms. Davis agreed that it’s the student’s benefit to appear before the Board prior to starting school. She continued that at this point, a student could attend school without making application for an apprentice license, accrue 1,450 hours and at that time make application for apprentice licensure. Ms. Davis’ understanding is that the Board would have to recognize the hours earned even though the individual was not licensed as an apprentice.

Ms. Feighny stated it would depend on the student’s enrollment date, as the law states an individual must apply for an apprentice license within fifteen days of his or her enrollment date. Ms. Davis commented that the Board would need to define “enrollment date” and “start date”. Enrollment date and start date are not the same date.

Ms. Davis commented that an upcoming issue before the Board disciplinary panel involves an apprentice who went through a 12 month cosmetology program but did not complete her hours. She continued with school for an additional two months but did not make application for a new apprentice license. The issue before the Board is whether or not to recognize the hours earned without a license and whether to take disciplinary action against the student. Should the school be fined as well?

Ms. Davis commented again on students who have a felony conviction – once they make application for practitioner licensure, the Board would deny the application. The student would likely request a hearing, which would allow them to continue on with the licensure process.

Ms. Plinsky suggested the online apprentice license application process should be setup such that if the felony question is answered “yes”, the application process ceases, no money is accepted for payment and the individual is notified they must contact the Board in order to apply for an apprentice license.

Ms. Feighny stated the individual would still be able to enter school.

Mr. Rushing inquired about issuing a conditioned apprentice license when the felony question is answered “yes” and sending the license to the student with an explanation of the felony review process. Ms. Feighny stated it is possible to issue a conditioned apprentice license.

Ms. Plinsky inquired of Ms. Feighny what would be required to put a policy regarding felony conviction and apprentice licensure as outlined by Mr. Rushing into regulation. Ms. Feighny stated the regulation would need to define what enrollment means. The regulation may be implemented as a temporary regulation. Ms. Feighny agreed to draft a regulation as requested for the Board’s review.

VII. Executive Director’s Report
Review of monthly disciplinary action and complaint reports.
The Board reviewed the monthly disciplinary action and complaint reports for May and June.

National Interstate Council of State Boards of Cosmetology, Annual Conference, August 26-30.  Seattle, Washington.

CLEAR (Council on Licensure, Enforcement and Regulation) annual conference, September 23-25.  Nashville, TN.

The Board discussed the benefits associated with attending industry conferences on an occasional basis. Ms. Davis asked the Board to consider having one or two representatives attend either conference. Ms. Davis advised the Board to inform her should anyone want to attend.

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

Motion to elect Allene Owen as Vice-Chairperson.  (Waltrip/George).
Motion passed unanimously.

Mr. George tendered his resignation from the Board.  His resignation would become effective at 12:00 a.m., July 13, 2010.

IX. Adjournment – Next regularly scheduled Board meeting, Monday, September 13, 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.