Printable Version of all Proposed Changes
Below is a summary of the proposed changes to each regulation as well as a summary of the anticipated economic impact of each change. To view the full text of the proposed changes and the complete economic impact statement, click on the regulation.
Regulations Relating to Cosmetology Professions
K.A.R. 69-3-27 – Disenrolled students.
Amendments to this regulation adjust the date on which records of disenrolled students must be submitted to the Board office. Also, amendments to this regulation add the requirement that the school include in the record the total number of hours earned by the student up to the date of the student’s termination from the program. The date adjustment will allow office staff more time to focus on month-beginning and month-end projects that require additional resources. Students who leave school and later return to the same or a different school will benefit from the record of student hours being on file with the Board office. Schools that fail to comply with the regulation may suffer an economic impact in the form of a fine. No additional economic impact is anticipated.
K.A.R. 69-3-29 – Monthly reporting of student hours.
This new regulation requires schools to submit monthly a record of the total hours earned by each student. This regulation is necessary to protect students in the event that a school closes, changes management or ownership, or fails to retain documentation of training. The economic impact on the board would be minimal because submission of the records would be done electronically. The economic impact on schools would be minimal because they are already required to maintain student records with this information. The cost of submitting a monthly report electronically would be minimal. No other economic impact is anticipated.
K.A.R. 69-11-1 – Fees.
Amendments to this regulation create a fee for processing the instructor in training permit. Also, the amendments reduce the delinquent instructor fee and the delinquent school license fee and remove the fee for a copy of the statutes and regulations book. The Board anticipates an increase in revenue by approximately $1,000 per year from the instructor in training permits. The reduction in revenue due to decreased delinquent fees and the removal of the fee for the statutes and regulations book would be negligible. The addition of a fee for the instructor in training permit would increase the cost of becoming an instructor by $15. Reducing the delinquent fees would result in a savings for instructors or schools that renew late. Removing the fee for the statutes and regulations book would result in a state-wide savings to consumers of about $700. No other economic impact is anticipated.
K.A.R. 69-11-2 – Expiration dates for practitioner licenses.
Amendments to this regulation align the regulation with the current policy and activities of the Board regarding the issuance and expiration of practitioner licenses. The amendments also create greater uniformity among the Board’s governed professions. This change is not anticipated to have any economic impact.
Regulations Related to Tanning
K.A.R. 69-12-5 – Fees.
Amendments to this regulation reduce the annual tanning facility license renewal fee and the delinquent renewal fee to provide greater uniformity among the Board’s governed professions. The Board anticipates a decrease in revenue of approximately $13,700 annually from tanning facility license renewals and by a negligible amount from delinquent renewal fees. The reduction in fees would save tanning facility licensees $25 annually for timely renewal and $50 for late renewals. No other economic impact is anticipated.
Regulations Related to Body Art
K.A.R. 69-15-1 – Definitions.
Amendments to this regulation remove superfluous terms which no longer appear in the text of the Board’s rules and regulations. Additionally, the amendments add new definitions required by amendments to other regulations and change the definition of infectious or communicable diseases to be in line with the Americans with Disabilities Act. This change is not anticipated to have any economic impact.
K.A.R. 69-15-2 – Approved course of study.
This regulation is amended to specify the exact number of hours of study required in each subject area to provide greater clarity to practitioners and apprentices. Amendments to the advanced body piercing training program allow for curricula to be adapted with the evolution of the profession. The Board anticipates a positive impact on businesses, consumers, and licensees by allowing trainers and apprentices to independently determine what procedures should be performed in completing an advanced body piercing training program. No other economic impact is anticipated.
K.A.R. 69-15-3 – Cosmetic tattoo artist trainer, tattoo artist trainer, and body piercing trainer.
This regulation is amended to include submission of a nonrefundable trainer license fee with the application for trainer licensure. The amendments also clarify the requirements to become an advanced body piercing trainer. The Board anticipates an increase in revenue from the trainer license fees which will provide relief for Board staff, as applications for trainer licenses take a considerable amount of time to process. The economic impact on applicants for trainer licenses would be minimal as the Board anticipates setting the fee at $15. No other economic impact is anticipated.
K.A.R. 69-15-4 – Out-of-state equivalent course of study.
This regulation is being amended to align the regulation with the current policy and activity of the Board. The amendments remove the unreasonable requirement that out-of-state applicants study Kansas law as part of a training program in another state. The Board anticipates increased revenues as a result of increased interest in Kansas licensure from out-of-state body art professionals. Removing the artificial barrier to licensure should alleviate the financial burden on applicants who have been previously denied licensure in Kansas or required to obtain additional training to meet the Kansas law study requirement. Additionally, this amendment may encourage tourism and travel in Kansas related to body art trade shows because the artificial barrier to licensure for out-of-state applicants will be eliminated. No other economic impact is anticipated.
K.A.R. 69-15-5 – Application for licensure by examination.
This regulation is being amended to adjust language and terminology to align with the current Board policies and practices, as well as related regulations. Amendments also provide clarity by defining what is meant by “equivalent education.” An additional section is added to this regulation to require additional infection control training for applicants who complete their training more than one year prior to application. The Board anticipates an economic impact on applicants who completed training more than one year prior to application in the form of increased costs associated with the additional infection control training. No other economic impact is anticipated.
K.A.R. 69-15-7 – Examination for cosmetic tattoo artists, tattoo artists, or body piercers.
This regulation is being amended to separate the written examination into two distinct sections and to require a minimum passing score of 75% on the Kansas statutes and regulations section. The Board anticipates a negligible increase in examination fee revenue due to applicants who are required to re-take the written examination due to a failure of the Kansas law portion. 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 and time off work. Individuals who have adequately studied the Kansas statutes and regulations would not be subjected to this expense. No other economic impact is anticipated.
K.A.R. 69-15-12 – Continuing education for license renewal.
Language is being amended to clarify that five hours of continuing education for body art licensees are required for license renewal according to the specifications currently outlined in the regulation. This is a change from the previous requirement of fifteen hours every three years. The amendments also remove the option for self-study to align the regulation with the current board policy. Additionally, a procedure for gaining approval of a not previously approved continuing education program is established. Any economic impact on licensees would be the result of previous failure to properly understand and comply with current continuing education requirements. No other economic impact is anticipated.
K.A.R. 69-15-13 – Reporting continuing education.
Amendments to this regulation coincide with the language clarifications in K.A.R. 69-15-12. This change is not anticipated to have any economic impact.
K.A.R. 69-15-14 – Cosmetic tattoo, tattoo, and body piercing establishment licensing and renewal.
This regulation is being amended to provide physical requirements for mobile body art facilities. Additionally, the regulation is amended to allow a grace period in which body art establishment licensees may renew their expired license without having to close and reopen the establishment. The amendment also removes the restrictions on where body artists may practice. This restriction is added to K.A.R. 69-15-15 for better organization. The Board anticipates an increase in revenue from late renewals of body art establishments. The Board will also save resources associated with reopening body art establishments that have failed to timely renew. The Board anticipates an economic impact on body art establishment licensees that do not timely renew in the form of late fees. However, this fee would be offset because the establishment would not be required to close and then reopen, causing a loss of income. No other economic impact is anticipated.
K.A.R. 69-15-15 – Cosmetic tattoo artist, tattoo artist, and body piercer practice standards; restrictions.
Language is being added to clarify the length of time licensees are required to maintain client records: five years. Additionally, the restrictions on where body artists may practice, previously listed in K.A.R. 69-15-14, are added to this regulation for better organization. Since these changes clarify current policy, they are not anticipated to have any economic impact.
K.A.R. 69-15-16 – Establishment Standards.
Amendments to this regulation require body art establishments to maintain individual client records for a minimum of five years for all licensees providing services at that establishment. This requirement is in addition to the client record documentation maintained by the licensee. There may be an economic impact on establishments in terms of documentation and storage for this requirement. All other amendments to this regulation are language changes or clarifications and do not make any substantive changes and are not anticipated to have any economic impact.
K.A.R. 69-15-17 – Required equipment.
This regulation is amended to align the regulation with the current practices and activities of the body art profession. This change is not anticipated to have any economic impact.
K.A.R. 69-15-30 – Fees.
This regulation is amended to more appropriately assess fees for training, examination, and application for initial licensure. Examination expenses have increased but the amendment offsets this increase by decreasing the initial application fee. Additionally, the amendment reduces practitioner license renewal fees and delinquent renewal fees as well as establishment license fees, renewal fees, and delinquent fees to provide greater uniformity among the Board’s governed professions. The regulation is also amended to include a fee for apprentice licensure and trainer licensure as well as for mobile facility licenses. The Board anticipates an increase in revenue from the new fees established as well as a decrease in revenue from the reduction in fees for practitioner license renewals and establishment license renewals. Reduction of delinquent fees will have a minimal impact on the Board. The reduction of practitioner renewal fees and establishment renewal fees will have a positive economic impact on licensees. The redistribution of fees throughout the training and initial application process will have a negligible impact on licensees. The high fees for mobile facility licenses will be offset by the new source of income generated for the licensees. No other economic impact is anticipated.
K.A.R. 69-15-31 – Basic body piercing; limitations.
This new regulation limits the types of piercings that can be performed by licensees who have not completed the advanced training program for body piercing. The regulation also includes a grandfather clause to allow current licensees to continue to practice as previously allowed. The Board anticipates additional resources to be utilized in investigating claims, conducting inspections, and taking disciplinary action as well as increased revenues due to fines from disciplinary action. Ten percent of revenues generated from disciplinary action will benefit the State General Fund. Additionally, the Attorney General’s office may be utilized by the Board resulting in costs being awarded to that office. The Board does not anticipate any economic impact on private businesses, individuals, or consumers, but there will be a financial impact on violators of the regulation in the amount of the disciplinary fine adopted by the Board. There may be a slight economic impact on licensees who decide to complete the advanced training program. No other economic impact is anticipated.