reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 65 - Public Health › Article 17 - Regulation Of Embalmers And Funeral Directors; Funeral Establishments › 65-1731 Failure, neglect or refusal to pay fee classified as class B misdemeanor.

65-1731.
Failure, neglect or refusal to pay fee classified as class B misdemeanor.
It shall be unlawful for any officer or agent of any funeral establishment or branch establishment required to pay the establishment fee authorized by the provisions of this act to fail, neglect or refuse to pay such fee. Any officer or agent of such funeral establishment or branch establishment who fails, neglects or refuses to pay such fee shall be guilty of a class B misdemeanor.
History:
L. 1973, ch. 250, § 3; L. 1986, ch. 238, § 5; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 17 - Regulation Of Embalmers And Funeral Directors; Funeral Establishments › 65-1734 Order of priority of persons authorized to dispose of decedent's remains; immunity of funeral directors, funeral establishments and crematories.

65-1734. Order of priority of persons authorized to dispose of decedent's remains; immunity of funeral directors, funeral establishments and crematories.
(a) The following persons, in order of priority stated, may order any lawful manner of final disposition of a decedent's remains including burial, cremation, entombment or anatomical donation:
(1) The agent for health care decisions established by a durable power of attorney for health care decisions pursuant to K.S.A. 58-625 et seq., and amendments thereto, if such power of attorney conveys to the agent the authority to make decisions concerning disposition of the decedent's remains;
(2) the spouse of the decedent;
(3) the decedent's surviving adult children. If there is more than one adult child, any adult child who confirms in writing the notification of all other adult children, may direct the manner of disposition unless the funeral establishment or crematory authority receives written objection to the manner of disposition from another adult child;
(4) the decedent's surviving parents;
(5) the persons in the next degree of kinship under the laws of descent and distribution to inherit the estate of the decedent. If there is more than one person of the same degree, any person of that degree may direct the manner of disposition;
(6) a guardian of the person of the decedent at the time of such person's death;
(7) the personal representative of the decedent; or
(8) in the case of indigents or any other individuals whose final disposition is the responsibility of the state or county, the public official charged with arranging the final disposition pursuant to K.S.A. 22a-215, and amendments thereto.
(b) If the decedent died during active military service, as provided in 10 U.S.C. § 1481(a)(1) through (8), in any branch of the United States armed forces, United States reserve forces or national guard, the person authorized by the decedent to direct disposition pursuant to public law 109-163, § 564, as listed on the decedent's United States department of defense record of emergency data, DD form 93, or its successor form, shall take priority over all other persons described in subsection (a).
(c) A funeral director, funeral establishment or crematory shall not be subject to criminal prosecution or civil liability for carrying out the otherwise lawful instructions of the person or persons under subsection (a) if the funeral director reasonably believes such person is entitled to control final disposition.
History:
L. 2000, ch. 122, § 2; L. 2011, ch. 33, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 17 - Regulation Of Embalmers And Funeral Directors; Funeral Establishments › 65-1752 Solicitation of clients; prohibitions.

65-1752.
Solicitation of clients; prohibitions.
A licensee or the licensee's representative shall not initiate contact with a client or prospective client:
(a) If the person solicited has made known a desire not to receive the communication; or
(b) if the solicitation involves coercion, duress or harassment; or
(c) if the solicitation takes place at the residence of the client or prospective client, is uninvited by the client or prospective client and has not been previously agreed to by the client or prospective client.
History:
L. 1987, ch. 237, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 17 - Regulation Of Embalmers And Funeral Directors; Funeral Establishments › 65-1753 Dead human bodies; removal and delivery.

65-1753.
Dead human bodies; removal and delivery.
(a) Except as otherwise provided by law and in accordance with any applicable legal requirements, a dead human body which is removed from the location of death shall be transported only to a licensed funeral establishment, a licensed branch funeral establishment containing an embalming preparation room or a holding facility, a licensed crematory containing a holding facility, a hospital, a cemetery, a coroner or medical examiner facility, the university of Kansas medical center, a federally certified organ procurement organization serving the state of Kansas or other location of final disposition.
(b) A dead human body which is to be removed in accordance with subsection (a) to a federally certified organ procurement organization serving the state of Kansas shall be removed only upon the release of a person listed in the order of priority pursuant to K.S.A. 65-3228, and amendments thereto.
History:
L. 2004, ch. 57, § 1; L. 2008, ch. 152, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 17 - Regulation Of Embalmers And Funeral Directors; Funeral Establishments › 65-1761 Licensure of crematory; requirements of crematory and holding facility.

65-1761.
Licensure of crematory; requirements of crematory and holding facility.
(a) No person shall operate a crematory to cremate a dead human body or cause any dead human body to be cremated unless the crematory is licensed under this act.
(b) Any building used as a crematory shall comply with all applicable local and state building codes, zoning laws, ordinances and environmental standards. A crematory shall have, on site, a motorized mechanical device for processing cremated remains either in the building or adjacent to it and a holding facility for the retention of dead human bodies awaiting cremation. The holding facility shall be secure from access by anyone except authorized personnel of the crematory, shall preserve the dignity of the dead human bodies and shall protect the health and safety of the crematory personnel.
(c) All applications for licensure as a crematory shall be on forms furnished and prescribed by the state board of mortuary arts.
History:
L. 2001, ch. 183, § 2; January 1, 2002.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 17 - Regulation Of Embalmers And Funeral Directors; Funeral Establishments › 65-1762 Supervision; crematory operator license requirement; cremation requirements; authorization form and coroner's permit.

65-1762. Supervision; crematory operator license requirement; cremation requirements; authorization form and coroner's permit.
(a) The licensed crematory operator in charge shall supervise the licensed crematory on a full-time or a part-time basis and perform such other duties relating to the supervision of a licensed crematory as prescribed by the board by rules and regulations. The crematory operator in charge of a licensed crematory shall hold a Kansas crematory operator's license. Additionally, a crematory operator in charge shall hold a funeral director's license unless the crematory only receives dead human bodies for cremation through licensed funeral establishments or branch funeral establishments.
(b) Only licensed crematory operators may perform cremation.
(c) No crematory operator or crematory operator in charge shall cremate or cause to be cremated any dead human body until it has received:
(1) A cremation authorization form signed by an authorizing agent. The written authorization shall include:
(A) The identity of the dead human body and the time and date of death;
(B) the name of the funeral director or assistant funeral director and the funeral establishment or branch establishment, or the authorizing agent, that obtained the cremation authorization;
(C) notification as to whether the cause of death occurred from a disease declared by the department of health and environment to be infectious, contagious, communicable or dangerous to the public health;
(D) the name of the authorizing agent and the relationship between the authorizing agent and the decedent;
(E) authorization for the crematory to cremate the dead human body;
(F) a representation that the dead human body does not contain a pacemaker or any other material or implant that may be potentially hazardous or cause damage to the cremation chamber or the person performing the cremation;
(G) the name of the person authorized to receive the cremated remains from the crematory; and
(H) the signature of the authorizing agent, attesting to the accuracy of all representations contained on the cremation authorization form; and
(2) a completed and executed coroner's permit to cremate, if required by K.S.A. 65-2426a, and amendments thereto, indicating that the dead human body is to be cremated.
History:
L. 2001, ch. 183, § 3; L. 2004, ch. 43, § 1; L. 2010, ch. 131, § 9; L. 2021, ch. 59, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 17 - Regulation Of Embalmers And Funeral Directors; Funeral Establishments › 65-1764 Effect of authorizing agent's representations; liability regarding the refusal to accept a dead human body; to cremate a dead human body or the authorized cremation of a dead human body.

65-1764.
Effect of authorizing agent's representations; liability regarding the refusal to accept a dead human body; to cremate a dead human body or the authorized cremation of a dead human body.
(a) An authorizing agent signing a cremation authorization form shall be deemed to warrant the truthfulness of any facts set forth in such cremation authorization form, including the identity of the deceased whose remains are sought to be cremated and such authorization agent's authority to order such cremation. Any person signing a cremation authorization form as an authorizing agent shall be personally and individually liable for all damage occasioned thereby and resulting therefrom. A crematory operator, crematory operator in charge, embalmer, assistant funeral director or a funeral director may rely upon the representations of the authorizing agent in the cremation authorization form.
(b) A funeral director, assistant funeral director or crematory operator in charge shall have the authority to arrange the cremation of a dead human body upon the receipt of a cremation authorization form signed by an authorizing agent. A funeral director, assistant funeral director, embalmer, crematory operator or crematory operator in charge who pursuant to a cremation authorization arranges a cremation, cremates a dead human body then releases or disposes of the cremated remains shall not be liable for such acts.
(c) A funeral director, assistant funeral director, crematory operator or crematory operator in charge who refuses to arrange a cremation, to accept a dead human body or to perform a cremation shall not be liable for refusing to arrange, to accept the dead human body or to perform the cremation until they receive a court order or other suitable confirmation that the cause of the refusal has been settled. Circumstances causing such a refusal may include:
(1) Awareness of a dispute concerning the cremation of the dead human body; or
(2) a reasonable basis for questioning any of the representations made by the authorizing agent; or
(3) any other lawful reason.
History:
L. 2001, ch. 183, § 5; L. 2010, ch. 131, § 11; July 1, 2011.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 17 - Regulation Of Embalmers And Funeral Directors; Funeral Establishments › 65-1765 Failure to remove pacemaker or hazardous implants; liability for damage.

65-1765.
Failure to remove pacemaker or hazardous implants; liability for damage.
If an authorizing agent informs the funeral director, assistant funeral director, embalmer, crematory operator or the crematory operator in charge on the cremation authorization form of the presence of a pacemaker or hazardous implant in the dead human body such informed person shall be responsible for ensuring that all necessary steps have been taken to remove the pacemaker or hazardous implant. Should anyone who delivers a dead human body to a crematory after being informed that a pacemaker or hazardous implant is within the dead human body fail to ensure that the pacemaker or hazardous implant has been removed from the dead human body pursuant to subsection (b) of K.S.A. 65-1762, and amendments thereto, prior to delivery, and should the dead human body be cremated with the pacemaker or hazardous implant, then such individual who delivered the dead human body to the crematory shall be liable for all resulting damages.
History:
L. 2001, ch. 183, § 6; L. 2010, ch. 131, § 12; July 1, 2011.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 17 - Regulation Of Embalmers And Funeral Directors; Funeral Establishments › 65-1767 Conflicting Kansas laws; precedence of this act.

65-1767.
Conflicting Kansas laws; precedence of this act.
This act shall take precedence over any conflicting Kansas laws, other than state environmental laws, that govern the handling and disposition of dead human bodies for cremation and cremated remains.
History:
L. 2001, ch. 183, § 8; January 1, 2002.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 17 - Regulation Of Embalmers And Funeral Directors; Funeral Establishments › 65-1768 Licensure; fees; expiration of license; exemption from licensure; unlawful operation.

65-1768.
Licensure; fees; expiration of license; exemption from licensure; unlawful operation.
(a) The crematory operator in charge of a crematory, located or doing business within the state, shall apply for and obtain a crematory license from the board for each crematory.
(b) An application for a new license is required if the crematory has a change in ownership, name, location or a change in the crematory operator in charge. Such application shall be made to the board at least 30 days prior to the change of ownership, name or location or change in the crematory operator in charge.
(c) The crematory license fee and crematory license renewal fee shall be fixed by the board under K.S.A. 65-1727, and amendments thereto. The disposition of all funds collected under the provisions of this act shall be in accordance with the provisions of K.S.A. 65-1718, and amendments thereto.
(d) A crematory license shall expire every two years on a date established by the board. To continue operation of a crematory, a crematory operator in charge shall submit a biennial renewal application form and the crematory license renewal fee to the board before the expiration date of such license.
(e) A crematory license shall be judged delinquent on midnight of the expiration date and may only be renewed after that day by payment of a renewal fee and a reinstatement fee in an amount equal to the renewal fee.
(f) It is unlawful for any person who is not an operator in charge of a crematory or a crematory operator under this act to operate a crematory, hold oneself out as operating a crematory or engage or attempt to engage in the business of crematory operator.
(g) The Kansas university medical center shall be exempt from this statute for the purpose of cremating remains donated for dissecting, demonstrating or teaching purposes.
History:
L. 2001, ch. 183, § 9; L. 2010, ch. 131, § 14; July 1, 2011.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 17 - Regulation Of Embalmers And Funeral Directors; Funeral Establishments › 65-1769 Crematory operator.

65-1769.
Crematory operator.
On and after July 1, 2011, a crematory operator shall, in connection with such person's licensed crematory, use the words "crematory operator" or any other title implying that such person is engaged in the business of cremation.
History:
L. 2010, ch. 131, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 17 - Regulation Of Embalmers And Funeral Directors; Funeral Establishments › 65-1770 Cremations; conducted by whom and where.

65-1770.
Cremations; conducted by whom and where.
On and after July 1, 2011, every cremation conducted in this state shall be under the personal supervision of a licensed crematory operator or crematory operator in charge with all cremations performed at a licensed crematory.
History:
L. 2010, ch. 131, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 17 - Regulation Of Embalmers And Funeral Directors; Funeral Establishments › 65-1771 Licensure of crematory operator; application; qualifications.

65-1771.
Licensure of crematory operator; application; qualifications.
(a) On and after July 1, 2011, it shall be unlawful for any person to engage in or attempt to engage in the business of a crematory operator in this state without a crematory operator's license issued by the state board of mortuary arts.
(b) On and after July 1, 2011, every person desiring to enter the practice of a crematory operator shall make written application to the board on forms as prescribed by the board. The application shall show that the applicant is of legal age, has successfully completed training in performing cremation services and received certification by an organization whose program with a minimum of six hours has been approved by the board within twelve months of the board's approval of application. If the applicant has not received such training when applying to the board, they must have received training from another person who has already received such training. That training must also be a minimum of six hours with the trainer and program approved by the board. At the end of one year of licensure as a crematory operator if the individual has not received training from an organization of an approved program as previously described, the crematory operator's license will be automatically suspended until such time as approved training has been completed.
History:
L. 2010, ch. 131, § 3; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 17 - Regulation Of Embalmers And Funeral Directors; Funeral Establishments › 65-1772 Same; renewal; reinstatement; rules and regulations.

65-1772.
Same; renewal; reinstatement; rules and regulations.
(a) The renewal fee for a crematory operator's license shall be in the amount fixed by the state board of mortuary arts in accordance with the provisions of K.S.A. 65-1727, and amendments thereto. The fee shall be due and payable to the secretary of the board prior to the expiration date of the license. The secretary of the board shall mail a notice of the expiration date of each license and of the renewal fee at least 30 days prior to the date of expiration to the last known address of each licensee. If the licensee fails to pay such renewal fee within the time specified, the license shall automatically lapse, and the licensee shall be denied the right to practice cremation in this state during such lapse.
(b) The board may reinstate such lapsed license upon the payment of the fee in arrears, plus an additional reinstatement fee in the amount equal to the renewal fee, if such lapse is not over six months in duration.
(c) Any person who fails to reinstate a lapsed license within six months after the lapse of such license may apply for relicensure by making application on a form provided by the board. Relicensure shall be granted upon receipt of proof that the applicant meets qualifications to act as a licensed crematory operator, has satisfied all of the requirements for renewal established by law and has paid the board back renewal fees as established by the board by rules and regulations.
(d) The expiration date of each license shall be established by rules and regulations of the board. Subject to the provisions of this subsection, each license shall be renewed on a biennial basis upon the filing of a renewal application prior to the expiration date of the license and upon payment of the renewal fee established pursuant to K.S.A. 65-1727, and amendments thereto. To provide for a system of biennial renewal of licenses, the board may provide by rules and regulations that licenses issued or renewed for the first time after the effective date of this act may expire less than two years from the date of issuance or renewal. In each case in which a license is issued or renewed for a period of time of less than two years, the board shall prorate to the nearest whole month the license or renewal fee established pursuant to K.S.A. 65-1727, and amendments thereto.
(e) Every licensed crematory operator in Kansas shall submit with the renewal application and renewal fee evidence of satisfactory completion of a program of continuing education required and approved by the board. The board by duly adopted rules and regulations shall establish the requirements for such program of continuing education.
(f) This section shall take effect on and after July 1, 2011.
History:
L. 2010, ch. 131, § 4; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 17 - Regulation Of Embalmers And Funeral Directors; Funeral Establishments › 65-1773 Crematory; recycling materials; requirements.

65-1773.
Crematory; recycling materials; requirements.
(a) Any intent of the crematory to recycle metallic remnants, prosthetic implants or anything else remaining after cremation or removed prior to cremation requires consent from the legal next of kin of the deceased as defined in K.S.A. 65-1734, and amendments thereto.
(b) Any such recycling must be in compliance with state and federal laws.
(c) This section shall take effect on and after July 1, 2011.
History:
L. 2010, ch. 131, § 5; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 17 - Regulation Of Embalmers And Funeral Directors; Funeral Establishments › 65-1774 Rules and regulations.

65-1774.
Rules and regulations.
The board shall prepare proposed rules and regulations the board deems necessary to carry out the provisions of K.S.A. 65-1769 through 65-1773, and amendments thereto, on or before January 1, 2011. The board shall adopt such rules and regulations to be effective on or after July 1, 2011.
History:
L. 2010, ch. 131, § 6; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 18 - Examination, Registration And Regulation Of Barbers › 65-1808 Practice of barbering regulated by act.

65-1808.
Practice of barbering regulated by act.
It is unlawful for any person to engage in barbering for hire in this state, to operate a barber shop, barber school or barber college, to employ any person to engage in the practice of barbering as defined in K.S.A. 65-1809 and amendments thereto, except in conformity with the provisions of this act.
History:
L. 1939, ch. 241, § 1; L. 1970, ch. 255, § 1; L. 1981, ch. 248, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 18 - Examination, Registration And Regulation Of Barbers › 65-1809 Definitions.

65-1809.
Definitions.
As used in this act:
(a) "Board" means the Kansas board of barbering;
(b) "administrative officer" means the administrative officer of the board;
(c) "license" means a license entitling the person to whom issued to practice barbering, or to operate a barber school, barber college or barber shop;
(d) "barber shop" means any place, shop or establishment, wherein the practice of barbering is engaged in or carried on;
(e) "barber school" or "barber college" means any place or establishment wherein the practice, fundamentals, theories or practical applications of barbering are taught;
(f) "barbering" means any one or any combinations of the following practices (when done upon the upper part of the human body for cosmetic purposes and not for the purpose of diseases or physical or mental ailments, and when done for payment, either directly or indirectly, or without payment, for the public generally, upon male or female): Shaving or trimming the beard or cutting the hair; giving facial or scalp massages or treatments with oils, creams, lotions or other preparations, either by hand or mechanical appliances, singeing, shampooing or dyeing, arranging, perming or waving the hair, or applying tonics; applying cosmetic preparations, antiseptic powders, oils, clays, or lotions to the scalp, face, neck or upper part of the body.
History:
L. 1939, ch. 241, § 2; L. 1990, ch. 225, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 18 - Examination, Registration And Regulation Of Barbers › 65-1812 Qualifications for licensure as a barber; temporary license.

65-1812. Qualifications for licensure as a barber; temporary license.
(a) Any person shall be qualified to receive a license to practice barbering if such person:
(1) Is at least 16 years of age and of good moral character and temperate habits;
(2) has graduated from a high school accredited by the appropriate accrediting agency or has otherwise obtained the equivalent of a high school education;
(3) is a graduate of a barber school or barber college approved by the board or has satisfactorily completed the barber course at an institution under the control of the secretary of corrections or the disciplinary barracks at Fort Leavenworth or has been certified in a related industry, such as barbering in any branch of the United States military service, and has completed a course of study in a licensed Kansas barber college or barber school as prescribed by the board under K.S.A. 65-1810(e), and amendments thereto, or has been a cosmetologist licensed by the Kansas board of cosmetology and has completed a course of study in a licensed Kansas barber college or barber school as prescribed by the board under K.S.A. 65-1810(e), and amendments thereto; and
(4) has paid an examination fee and has passed the examination conducted by the board to determine the fitness of such person to practice barbering.
(b) Any person who fails to pass an examination conducted by the board to determine such person's fitness to practice barbering shall be entitled to take the next examination conducted by the board.
(c) The board may issue a temporary license to practice barbering to any person who has graduated from an approved barber school or barber college and who makes application to take the next examination for licensure to practice barbering. Such license shall be effective only until the results of the examination are announced. No more than three temporary licenses shall be issued to any one person.
History:
L. 1939, ch. 241, § 5; L. 1965, ch. 380, § 2; L. 1970, ch. 255, § 4; L. 1976, ch. 272, § 3; L. 1978, ch. 244, § 1; L. 1980, ch. 190, § 3; L. 1981, ch. 248, § 2; L. 1982, ch. 265, § 2; L. 1990, ch. 225, § 4; L. 1990, ch. 309, § 36; L. 2016, ch. 91, § 4; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 18 - Examination, Registration And Regulation Of Barbers › 65-1813 Same; persons authorized to practice outside state; examination exemption, conditions; reciprocity.

65-1813.
Same; persons authorized to practice outside state; examination exemption, conditions; reciprocity.
(a) The board may issue, without examination, a license to practice barbering to any person who pays the prescribed fee and submits evidence satisfactory to the board that such person:
(1) Is at least 18 years of age;
(2) is of good moral character and temperate habits; and
(3) is legally authorized to practice barbering in another state, territory or country which has substantially the same requirements for authorization to practice as required for licensure under this act and which grants reciprocal authorization to barbers licensed in this state as required by subsection (b).
(b) A license shall be issued pursuant to this section only if the state, territory or country in which the person is authorized to practice barbering grants, under like conditions and without examination, reciprocal authorization to barbers licensed in this state.
(c) No license shall be issued to any person without examination unless such person meets all requirements of this section.
History:
L. 1939, ch. 241, § 6; L. 1980, ch. 190, § 4; L. 1982, ch. 265, § 3; L. 1990, ch. 225, § 5; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 18 - Examination, Registration And Regulation Of Barbers › 65-1814 Application.

65-1814.
Application.
Any person who desires to practice barbering shall file with the board a written application on a form prescribed by the board.
History: L. 1939, ch. 241, § 7; L. 1961, ch. 288, § 3; L. 1974, ch. 253, § 3; L. 1976, ch. 272, § 2; L. 1981, ch. 248, § 3; L. 1982, ch. 265, § 4; April 29.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 18 - Examination, Registration And Regulation Of Barbers › 65-1815 Examinations for licensure; times, places, content and required grade; reexamination; applications; seminar permits.

65-1815.
Examinations for licensure; times, places, content and required grade; reexamination; applications; seminar permits.
The board shall conduct examinations for applicants for licensure to practice barbering at such times and places as the board shall determine; but examinations shall be given not less than twice in each year. Such examination shall include both a practical demonstration and a written test of the applicant's knowledge of hygiene and the fundamentals of the vocation. A license to practice shall be issued each applicant who shall satisfactorily pass both the practical demonstration and the written test with a grade of not less than 80%, and shall possess the other qualifications required by law. The board shall allow an applicant who fails one part of the examination to be reexamined only on that part which was failed. Each application to practice shall contain, in addition to any other information required by the board or by law, the name, address, social security number, height, weight and age of the applicant to whom issued. The board may issue seminar permits to barbers and teachers holding valid licenses from Kansas or any other state or country, to teach and demonstrate the art of advanced barbering. Such seminar permit shall be restricted to prescribed dates and places, but in no instance shall it be valid for more than five days. No such seminar permit shall be required of any barber or teacher demonstrating the art of advanced barbering at no cost to those viewing such demonstration.
History:
L. 1939, ch. 241, § 8; L. 1961, ch. 288, § 4; L. 1974, ch. 253, § 1; L. 1981, ch. 248, § 4; L. 1982, ch. 265, § 5; L. 1990, ch. 225, § 6; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 18 - Examination, Registration And Regulation Of Barbers › 65-1816 Exemptions.

65-1816.
Exemptions.
The following persons are exempt from the provisions of this act, while in the discharge of their professional duties: (a) Persons licensed by the law of this state to practice medicine and surgery or chiropractic; (b) commissioned medical or surgical officers of the United States army, navy or marine hospital service; (c) registered nurses; (d) undertakers and morticians; and licensed cosmetologists and apprentices.
History:
L. 1939, ch. 241, § 9; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 18 - Examination, Registration And Regulation Of Barbers › 65-1817 Fees; determination and collection; limitations; duplicate licenses.

65-1817.
Fees; determination and collection; limitations; duplicate licenses.
(a) In each fiscal year, the board shall determine the amount of funds which will be required during the next ensuing fiscal year to properly administer the laws which the board is directed to enforce and administer and shall fix fees in accordance with this section for such ensuing year in such reasonable sums as may be necessary for such purposes.
(b) After fixing such fees, the board may charge and collect the fees, in advance for the following purposes, subject to the following limitations:
For examination of applicant to practice barbering—not morethan  $100
For issuance of license to practice barbering—not morethan  80
For renewal of license to practice barbering—not morethan  80
For restoration of expired license to practice barbering, ifexpiration period is under three years, the lapsed feesplus a restoration fee of not more than  100
After three years applicant shall be reexamined upon pay-ment of the regular examination fee—not more than  100
For instructors license or annual renewal thereof—not morethan  90
For restoration of expired instructors license, if expiration
period is under three years, the lapsed fees plus a
restoration fee of not more than  90
After three years the instructor shall be reexamined upon
payment of the regular examination fee—not more than  170
For a license to operate a barber school or barber college,
annual fee—not more than  500
For shop inspection, and annual license fee—not more than  40
For restoration of expired shop license, if expiration period is
under three years, the lapsed fee plus a restoration fee of
not more than  80
For a new shop, relocation or change of ownership—not morethan  80
For issuance of a seminar permit—not more than  80
For issuance of student learning license—not more than  55
(c) A duplicate license will be issued upon the filing of a statement covering the loss of same and the payment of a fee of $5 for the issuance of same. Each duplicate shall have the word "duplicate" stamped across the face thereof and will bear the same number as the original.
History: L. 1939, ch. 241, § 10; L. 1949, ch. 333, § 1; L. 1956, ch. 52, § 11; L. 1957, ch. 431, § 8; L. 1958, ch. 53, § 1 (Budget Session); L. 1961, ch. 288, § 5; L. 1963, ch. 398, § 12; L. 1970, ch. 255, § 5; L. 1973, ch. 309, § 18; L. 1974, ch. 253, § 2; L. 1975, ch. 321, § 1; L. 1980, ch. 191, § 1; L. 1981, ch. 248, § 5; L. 1982, ch. 265, § 6; L. 1990, ch. 225, § 7; L. 2003, ch. 36, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 18 - Examination, Registration And Regulation Of Barbers › 65-1817a Disposition of moneys; board of barbering fee fund.

65-1817a. Disposition of moneys; board of barbering fee fund.
The board shall remit all moneys received by or for it from fees, charges or penalties to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury. Ten percent of each such deposit shall be credited to the state general fund and the balance shall be credited to the board of barbering fee fund. All expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the chairperson of the board or by a person or persons designated by the chairperson.
History:
L. 1973, ch. 309, § 19; L. 1990, ch. 225, § 8; L. 2001, ch. 5, § 231; L. 2011, ch. 53, § 29; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 18 - Examination, Registration And Regulation Of Barbers › 65-1818 Display of license.

65-1818.
Display of license.
Every holder of a license to practice barbering shall display such license in a conspicuous place next to or near the holder's work chair.
History:
L. 1939, ch. 241, § 11; L. 1990, ch. 225, § 9; L. 1992, ch. 112, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 18 - Examination, Registration And Regulation Of Barbers › 65-1819 Renewal of license; annual requirement; expiration dates; fees prorated, when; restoration of license.

65-1819. Renewal of license; annual requirement; expiration dates; fees prorated, when; restoration of license.
(a) Every licensed barber, instructor, operator of a barber shop and operator of a barber school or barber college shall annually renew the license and pay the required fee. The expiration date of each license which is issued, restored or renewed by the board shall be established by rules and regulations of the board so that licenses are renewed by the board throughout the year on a continuing basis. In each case in which a license is issued, restored or renewed for a period of time of less than one year, the board may prorate the amount of the fee established under K.S.A. 65-1817, and amendments thereto.
(b) A barber, instructor or operator of a barber shop whose license has been expired for a period of less than three years may have the license renewed upon filing with the board a renewal application and payment of the required restoration fee. Any barber, instructor or operator of a barber shop whose license has been expired for a period of three or more years may renew the license by filing with the board an application for reexamination, successfully completing such reexamination by the board and paying the required examination and license fees. Upon receipt of such application, payment of fees and passage of reexamination, if applicable, the board may grant a new license according to the provisions of K.S.A. 65-1820a, and amendments thereto.
History:
L. 1939, ch. 241, § 12; L. 1961, ch. 288, § 6; L. 1978, ch. 245, § 1; L. 1981, ch. 248, § 6; L. 1990, ch. 225, § 10; L. 1992, ch. 112, § 2; L. 2016, ch. 91, § 5; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 18 - Examination, Registration And Regulation Of Barbers › 65-1821 Same; reinstatement.

65-1821.
Same; reinstatement.
When a license has been refused, suspended or revoked, the person aggrieved thereby may apply for reinstatement, and such reinstatement shall be granted by the board upon showing that the reason therefor no longer exists.
History:
L. 1939, ch. 241, § 14; L. 1988, ch. 356, § 200; L. 1990, ch. 225, § 12; L. 1992, ch. 112, § 4; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 18 - Examination, Registration And Regulation Of Barbers › 65-1822 Unlawful acts; penalties.

65-1822.
Unlawful acts; penalties.
Each of the following constitutes a misdemeanor punishable upon conviction by a fine of not less than $10 and not more than $100: (a) The violation of any of the provisions of this act; (b) obtaining or attempting to obtain a license for any other than the required fee, or for any other thing of value or by fraudulent misrepresentations; (c) practicing or attempting to practice by fraudulent misrepresentations.
History:
L. 1939, ch. 241, § 15; L. 1990, ch. 225, § 13; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 18 - Examination, Registration And Regulation Of Barbers › 65-1824 Powers of board.

65-1824. Powers of board.
The board is hereby authorized, empowered, and directed to administer and enforce the provisions of this act and the board is hereby granted such specific powers as are necessary for the purpose of administering and enforcing the same. In addition thereto, the board shall have power:
(a) To supervise and regulate the barbering industry in this state. Nothing contained in this act shall be construed to abrogate, affect the status, force or operation of any provision of the general laws of this state relating to public health or any lawful rule, regulation or order promulgated thereunder, the law regulating the practice of barbering or any local health ordinance or regulation.
(b) To investigate all matters pertaining to the proper supervision and control of barber shops and the practice of barbering in this state.
(c) To subpoena barber shop owners, operators, managers or employees, their books and accounts, and other persons from whom such information may be desired, to carry out the purposes and intent of this act, and may issue commissions to take depositions from witnesses absent from the state. Any member of the board may sign and issue subpoenas and administer oaths to witnesses.
(d) To act as mediator and arbitrator in any controversy or issue that may arise among or between barbers as individuals or that may arise between them as groups. Nothing herein contained shall be construed as authorizing any interference with the authority of the state department of labor or the United States department of labor.
The operation and effect of any provisions of this act which confer a general power upon the board shall not be impaired or qualified because a specific power has been granted to the board by this act.
(e) To issue a cease and desist order against any individual, operator or licensee if the board determines that such individual, operator or licensee has practiced without a valid license or engaged or attempted to engage in any act or practice in violation of article 18 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, or rules and regulations adopted thereunder.
(f) To make an application to any court of competent jurisdiction for an order enjoining any person who has engaged or attempted to engage in any act or practice in violation of article 18 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, or rules and regulations adopted thereunder. Upon a showing by the board that such person has engaged or attempted to engage in any such act or practice, an injunction, restraining order or such other order as may be appropriate shall be granted by such court without bond.
History:
L. 1941, ch. 298, § 2; L. 1990, ch. 225, § 15; L. 2004, ch. 179, § 89; L. 2016, ch. 91, § 7; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 18 - Examination, Registration And Regulation Of Barbers › 65-1825a Rules and regulations; sanitation standards.

65-1825a.
Rules and regulations; sanitation standards.
(a) Except with regard to sanitation standards provided for by K.S.A. 65-1,148, and amendments thereto, the board may adopt rules and regulations necessary to carry out the provisions of this act. The rules and regulations of the board shall be posted for public inspection in the main office of the board and a certified copy thereof shall be filed in the office of the administrative officer of the board. The board may also publish such rules and regulations in publications representing the barbering industry.
(b) The board shall furnish a copy of the sanitation standards adopted pursuant to K.S.A. 65-1,148 and amendments thereto to each person to whom a license is granted and a copy shall be posted in a conspicuous place in each barber shop, barber school and barber college by the manager thereof.
History:
L. 1941, ch. 298, § 3; L. 1965, ch. 506, § 31; L. 1980, ch. 190, § 5; L. 1984, ch. 313, § 113; L. 1988, ch. 366, § 17; L. 1990, ch. 225, § 16; L. 1991, ch. 191, § 2; L. 1992, ch. 112, § 5; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 18 - Examination, Registration And Regulation Of Barbers › 65-1826 Investigation; fees of witnesses and officers.

65-1826.
Investigation; fees of witnesses and officers.
The practice and procedure of the board with respect to any investigation made by it under authority of this act shall be in accordance with rules and regulations adopted by the board.
Each person who serves a subpoena shall receive the same fees as a sheriff, and each witness who appears in obedience to a subpoena, shall receive for attendance the fees and mileage provided by law for witnesses in civil cases in the district courts of this state. Such fees and mileage shall be paid by the board in the same manner as other expenses are paid by the board. No witness subpoenaed at the instance of a party other than the board or one of its members, or its administrative officer, shall be entitled to fees and mileage unless the board shall certify that the witness' testimony was material to the matter investigated.
History:
L. 1941, ch. 298, § 4; L. 1984, ch. 313, § 114; L. 1990, ch. 225, § 17; L. 1992, ch. 112, § 6; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 18 - Examination, Registration And Regulation Of Barbers › 65-1827 Entry and inspection.

65-1827.
Entry and inspection.
Any member of the board or employee designated for the purpose, shall have access to and may enter at all reasonable hours all places where barbering is being carried on. Any member of the board or designated employee also shall have power to inspect all books, papers, records or documents in any barber shop within the state for the purpose of ascertaining facts to enable the board to administer this act.
History:
L. 1941, ch. 298, § 5; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 18 - Examination, Registration And Regulation Of Barbers › 65-1828 Penalty for violations; enforcement of act and sanitation standards; procedure.

65-1828.
Penalty for violations; enforcement of act and sanitation standards; procedure.
(a) A violation of any provision of this act, except as otherwise expressly provided by this act, is a misdemeanor punishable by a fine of not less than $25 or by imprisonment not exceeding six months, or both, and each day during which such violation continues shall be deemed a separate violation.
(b) The board may institute such actions in the courts of competent jurisdiction as may appear necessary to enforce compliance with any provision of this act.
(c) The board may obtain enforcement of its rules and regulations or any subpoena or other order of the board in accordance with the Kansas judicial review act and may obtain enforcement of any sanitation standards adopted by the secretary of health and environment pursuant to K.S.A. 65-1,148 as if such standards were rules and regulations of the board.
History:
L. 1941, ch. 298, § 6; L. 1989, ch. 195, § 4; L. 2010, ch. 17, § 135; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 18 - Examination, Registration And Regulation Of Barbers › 65-1831 Confidentiality of documents, records, investigative information.

65-1831.
Confidentiality of documents, records, investigative information.
No member of the board, nor any officer, agent or employee thereof, shall divulge to any person, firm or corporation the contents of any document, paper or record, examined in the performance of duties hereunder, or any information obtained in the course of any investigation, except as may be required to carry out the purpose of this act.
History:
L. 1941, ch. 298, § 9; L. 1990, ch. 225, § 18; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 18 - Examination, Registration And Regulation Of Barbers › 65-1832 Performance of duties by board; additional compensation prohibited.

65-1832.
Performance of duties by board; additional compensation prohibited.
The members of the board shall not be entitled to additional compensation for the performance of duties required of them by this act.
History: L. 1941, ch. 298, § 10; L. 1973, ch. 309, § 20; L. 1990, ch. 225, § 19; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 18 - Examination, Registration And Regulation Of Barbers › 65-1833 Declaration of legislative intent.

65-1833.
Declaration of legislative intent.
The legislature hereby declares that this act is necessary to protect the public welfare, public health and public safety and that this act is enacted in the exercise of the police power of the state.
History:
L. 1941, ch. 298, § 11; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 18 - Examination, Registration And Regulation Of Barbers › 65-1834 Constitutionality.

65-1834.
Constitutionality.
If any part or parts of this act shall be held to be unconstitutional by any court, it shall be conclusively presumed that the legislature would have passed this act without such invalid part or parts.
History:
L. 1941, ch. 298, § 12; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 18 - Examination, Registration And Regulation Of Barbers › 65-1835 Licensing barbershops; fees; compliance with sanitary standards required.

65-1835.
Licensing barbershops; fees; compliance with sanitary standards required.
The board shall license barber shops and shall issue licenses therefor upon payment of the prescribed fees, if the board finds the barber shop to be in compliance with its rules and regulations and the sanitation standards prescribed pursuant to K.S.A. 65-1,148 and amendments thereto.
History:
L. 1992, ch. 112, § 7; July 1.