Kansas Board of Cosmetology

Board Meeting Minutes of January 10, 2011


The January 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, Mr. Ron McKenzie, Board Chair. Also in attendance were Mr. Jerry E. Waltrip, Member; and Mr. Darrell D. Ringler, Member. Ms. Derenda Mitchell, Assistant Attorney General; and Ms. Mary Lou Davis, Executive Director for the Board, were also in attendance. Ms. Allene Owen, Vice-Chair; Mr. Douglas R. Rushing, Member; and Mr. Charles Householder, Jr., Member; appeared via teleconference. Ms. Marie Plinsky, Member, was not in attendance. Minutes were recorded by Ms. Lisa S. Florez, Senior Administrative Specialist. Guests were Monica D. Jones, Trendsetters, Kansas City; and Tara Dixon, Xenon, Wichita.

ITEM I. PUBLIC COMMENT.

None Scheduled.

ITEM II. CALL TO ORDER.

Due to inclement weather, Allene Owen, Douglas R. Rushing and Charles Householder, Jr., participated in the meeting via teleconference. Roll was taken to confirm Board members’ attendance.

Roll call: Ron McKenzie – present in person Allene Owen – present via teleconference Marie Plinsky – absent Douglas R. Rushing – present via teleconference Jerry E. Waltrip – present in person Darrell D. Ringler – present in person Charles Householder, Jr. – present via teleconference

The meeting was called to order by Mr. Ron McKenzie, Board Chair.

ITEM III. APPROVAL OF BOARD MINUTES FOR NOVEMBER 8, 2010

Motion was made to approve the November 8, 2010, Board minutes. (Owen/Ringler).
Motion passed unanimously.

ITEM IV. FINANCIAL REPORT

FY 2011 budget report to–date

FY 2012 and FY 2013 budgets

November and December budget reports were reviewed by the Director.

Mr. McKenzie inquired regarding the status of the new car for the inspector program which was approved last legislative session. Ms. Davis reported the car has been ordered and will arrive in February.

November 10 – Governor’s Budget recommendation (Parkinson)

Agency level review of the budget – Governor’s recommendation regarding the budget which was submitted in September for FY 2012 and FY 2013. The budget for FY 2012 was reduced; the reduction was then returned to the FY 2013 budget.

KBOC budget appeal of the FY 2012 and FY 2013 enhancements

Ms. Davis appealed the denial of the budget enhancements for 2012 and 2013 to the budget office for consideration by the new administration.

January 13th Governor’s Budget recommendation (Brownback)

A Governor’s budget recommendation is scheduled for January 13th. Ms. Davis will contact Board members via e-mail following the budget meeting to report the outcome of the recommendation.

ITEM V. NEW BUSINESS.

Field Study Request, Eric Fisher Academy, salon observation, January 25, 2011.

This request was received by the Board on December 16, 2010. The submission is complete.
Motion to approve the request for 5 hours of business practices. (Rushing/Owen).
Motion passed unanimously.

Field Study Request, Eric Fisher Academy, salon/spa tours, March 30, 2011.

This request was received by the Board on December 30, 2010. The submission is complete.
Motion to approve the request for 5 hours of business practices. (Rushing/Owen).
Motion passed unanimously.

Field Study Request, Xenon’s, Women’s Show, Wichita, February 18-20. Received January 3, 2011.

Tara Dixon, guest services manager and instructor from Xenon Int’l Academy, Wichita, appeared before the Board to answer questions regarding the field study request. The field study request indicates students would be credited in the areas of business practices, salesmanship and management practices, massage techniques and styling for participating in the Women’s Show. Ms. Dixon was asked how students would take part in the stated areas and how those areas comply with the cosmetology curriculum. Ms. Dixon replied that students would give hand facials, flat-iron hair for business practices, hand out business cards, work with the admissions department, and participate in a runway show.

Mr. Rushing asked how many students would be participating. Ms. Dixon replied two-to-four students would participate per two-hour period.

Ms. Davis noted the field study request stated students would receive 6-8 hours of credit for participation. Ms. Davis asked Ms. Dixon how this could be accomplished with students participating for a two-hour period. Ms. Dixon stated she did not know why the field study request indicated 6-8 hours or how students could receive 6-8 hours for participation.

Mr. McKenzie noted that the list of participating students provided with the request showed too great a number of students to participate two-to-four at a time for two-hour periods.

Ms. Owen inquired how participation in a booth-type setup at such an event as the Women’s Show could be applied to the cosmetology curriculum. Ms. Dixon responded that students would curl hair and do other styling techniques to fall under the area of styling in the curriculum. The hand facials would comply with the massage requirements in the esthetics program. Ms. Owen asked Ms. Davis if this does comply with curriculum. Ms. Davis replied that of the areas noted for compliance with curriculum, it does not appear that working with the admissions department or handing out business cards is applicable. With regard to hair styling, hand facials and the runway show, Xenon has not addressed any sanitization/disinfection procedures.

Mr. McKenzie inquired on what three days of the week the Women’s Show takes place. Ms. Dixon responded that the show is on a Friday, Saturday and Sunday. Mr. McKenzie asked if Xenon’s school planned on remaining open on Friday and Saturday during the show. Ms. Dixon stated they do plan on remaining open.

Ms. Davis asked how many instructors would be at the show and how many would be teaching at the school. Mr. McKenzie asked if the list of “staff” provided with the request were licensed instructors. Ms. Dixon indicated Morgan McIntosh and Tiffany Gruver are not instructors, and that Janine Bruner is an esthetics instructor.

Ms. Owen noted the distinction between students participating in a hair show and participating in a “Women’s Show”. A hair show provides learning opportunities for the students; the Women’s Show is more of a selling event.

Mr. Waltrip noted that field study requests are to be received ten days in advance of the Board meeting. This request was not received timely by the Board for consideration at the meeting. Motion to deny the request based on the untimely submission. (Waltrip/Owen). Motion passed unanimously.

Field Study Request, Eric Fisher Academy, America’s Beauty Show/Face and Body Midwest, Chicago. March 12-14. Request received January 4, 2011.

Ms. Davis indicated that two field study requests were received from Eric Fisher Academy on January 4 – the above noted request and a field study request for the Women’s Fair, Wichita, February 18-20.

The Board first considered the request for the Women’s Fair. Eric Fisher Academy conceded the request was submitted late in an e-mail which stated the school was closed for the holidays and therefore the earliest the request could be submitted was January 4. No list of participating students was submitted with the request.

Motion to deny the request based on untimely and incomplete submission. (Householder/Owen). Motion passed unanimously.

The Board then considered the request for America’s Beauty Show/Face and Body Midwest. Eric Fisher Academy conceded the request was submitted late in an e-mail which stated the school was closed for the holidays and therefore the earliest the request could be submitted was January 4. No list of participating students was submitted with the request.

Motion to deny the request based on incomplete submission. (Ringler/Rushing).
Motion passed unanimously.

Trendsetters School of Cosmetology, 1957-1961 N. 63rd Drive, Kansas City. Owner, Monica Jones

Monica Jones came before the Board and presented additional material for the Board to consider for the approval of Trendsetters School of Cosmetology. Additional information was also provided on January 3rd in a meeting with Ms. Davis and Board staff.

Ms. Davis noted Ms. Jones provided a revised floor plan and documentation that the electrical capacity of the school would meet the needs of the school. Ms. Davis determined the floor plan requirement of the school application to be complete.

The Board needs to review the cosmetology and nail technology curricula most recently submitted by Ms. Jones to determine if compliance with the application requirements has been met. Members of the Board who were unable to travel to Topeka due to inclement weather are not able to review the additional materials provided by Ms. Jones.

Motion to provide the additional materials to the Board members not present at the meeting and to schedule a phone conference in the near future for the Board to review Trendsetter’s school application. (Rushing/Owen). Motion passed unanimously.

Mr. McKenzie stated the Board would take a ten minute break.

The Board resumed its meeting.

Mr. McKenzie reported that Monica Jones submitted a letter prior to leaving the Board meeting which was being reviewed by those present at the meeting and would be forwarded to those not present. The letter was written by Joy Springfield, Attorney-at-Law, indicating she was representing Ms. Jones in her pursuit of cosmetology school licensure with the Board.

Ms. Mitchell recommended the Board contact Ms. Springfield to discuss the letter presented which requests that Trendsetters be licensed pending any further administrative requests.

B-Street Design – School of International Hairstyling, 1601 W. 23rd Street, Suite 203, Lawrence.

A representative of B-Street Design School of International Hairstyling was not present at the meeting due to the inclement weather.

Motion to table review by the Board of the school application of B-Street, Lawrence, to the same teleconference meeting which will be scheduled to review Trendsetter’s school application. (Waltrip/Rushing).
Motion passed unanimously.

VI. OLD BUSINESS

Revision of KSA 65-1912.

The Board approved the proposed statute changes to KSA 65-1912 drafted by Ms. Mary Feighny at the November 8, 2010, Board meeting. Ms. Davis reported she has pre-filed the bill with the legislature. The Budget Analyst has been made aware there is no fiscal impact resulting from the statute revision.

Ms. Davis reported the Board has a new Deputy Attorney General for administrative counsel. Ms. Athena Andaya will serve as the Deputy Attorney General for the Board.

VII. EXECUTIVE DIRECTOR’S REPORT

Posting of Board minutes.

Mr. McKenzie addressed the Board regarding the on-line posting of the Board meeting minutes. Mr. McKenzie proposed that draft Board minutes be posted within 30 days of the meeting.

Ms. Davis reported the minutes would have to be reported as “draft” minutes, per Ms. Feighny. Mr. McKenzie suggested the Board have a conference call at some point following a meeting to approve the minutes, then post the approved minutes on-line.

Ms. Mitchell stated notice would have to be given regarding the conference call since it would be considered a Board meeting.

Ms. Owen stated she would like more research on the matter with regard to the Kansas Open Meetings Act and Robert’s Rules of Order to ensure the Board remains in compliance with both.

Ms. Mitchell stated the minutes could be posted with the statement “Draft – Pending Board Approval”.

Board consensus to post on-line draft Board minutes from each meeting within 30-35 days.

Review of monthly disciplinary action and complaint reports.

The Board reviewed the monthly disciplinary action and complaint reports for November and December.

Ms. Davis reported on the 2010 year-end report for disciplinary action assessed fines, number of orders issued by the Board and fines collected. $147,837.50 in fines was assessed; $118,384.36 in fines were collected in 2010.

Ms. Davis presented a proposed format for posting on the website disciplinary action taken by the Board. The list is sorted by city, then alphabetically. The facility or practitioner name is reported. The Board’s findings and the action taken by the Board are also reported.

Ms. Mitchell noted it should be indicated that the disciplinary actions reported are not necessarily final actions, or that the disciplinary action should not be posted until it becomes a final action.

Ms. Davis stated the monthly disciplinary action report would be posted once the action is finalized.

IRS teleconference with states regulating tanning facilities. Conference regarded the excise tax placed on tanning devices effective July 1, 2010. Kansas listing of licensed facilities.

The IRS conducted a teleconference with state regulatory agencies in regard to tanning facilities and the excise tax which was effective July 1, 2010. The IRS requested a listing of tanning facilities in the state of Kansas to include facility name, owner name, address, telephone number, social security or federal identification number, and number of beds per facility. The list has been compiled and is to be forwarded to the IRS by January 15th.

FARB (Federation of Associations of Regulatory Boards), Annual Forum, New Orleans, January 28-30, 2011.

Regional NIC meeting, Nashville, TN. April 2-3, 2011.

Ms. Davis reported that in light of the restrictions on budget, the Board will not engage in out-of-state travel at this time.

The National Accrediting Commission of Cosmetology Arts and Sciences (NACCAS) has submitted a letter to the Board regarding available positions on its Appeal Review Panel. NACCAS is searching for panelists to represent school owners, academics, professional services and the public interest. Interested Board members should submit an application to NACCAS.

IX. ADJOURNMENT – NEXT REGULARLY SCHEDULED BOARD MEETING, MONDAY, MARCH 14, 2011

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

Motion to adjourn. (Owen/Waltrip).


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714 SW Jackson, Jayhawk Walk Building, Suite 100, Topeka, Kansas
Phone: (785) 296-3155 * Fax (785) 296-3002 * kboc@kboc.ks.gov
Chiquita C. Coggs, Executive Director