reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 65 - Public Health › Article 19 - Licensure Of Entities By State Board Of Cosmetology › 65-1904b Licensure, reciprocity, conditions.

65-1904b. Licensure, reciprocity, conditions.
(a) Upon application to the Kansas state board of cosmetology on a form provided for application for a cosmetologist, esthetician or electrologist license, accompanied by the application fee, a person practicing as a cosmetologist, esthetician or electrologist under the laws of another state or jurisdiction shall be granted a license entitling the person to practice in this state if:
(1) The person is not less than 17 years of age and a graduate of an accredited high school, or equivalent thereof, or the person has held a current license in another state or jurisdiction in the area of practice in which the person seeks a license for not less than 10 years prior to the date of application;
(2) the person submits to the board verification of date of birth; and
(3) the person holds a current license in another state in the area of practice in which the person seeks a license and meets at least one of the following criteria:
(A) The person passes a written and a practical examination administered by the board relating to the area of practice in which the person seeks a license; or
(B) the person has the number of hours of training required for licensure in this state and passes the written examination administered for license renewal under subsection (a) of K.S.A. 65-1904, and amendments thereto.
(b) The renewal of a license issued pursuant to this section shall be in the manner provided in K.S.A. 65-1904, and amendments thereto.
History:
L. 1943, ch. 222, § 6; L. 1963, ch. 317, § 4; L. 1970, ch. 256, § 5; L. 1975, ch. 322, § 6; L. 1981, ch. 249, § 2; L. 1983, ch. 212, § 5; L. 1987, ch. 238, § 6; L. 1998, ch. 160, § 6; L. 2002, ch. 187, § 6; L. 2008, ch. 108, § 4; L. 2014, ch. 130, § 3; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 19 - Licensure Of Entities By State Board Of Cosmetology › 65-1905 Examinations; qualifications of applicants; temporary permit.

65-1905. Examinations; qualifications of applicants; temporary permit.
(a) All examinations held or conducted by the board shall be in accordance with rules and regulations adopted by the board. The examinations shall include a written test administered at the completion of 1,000 hours of training. If the applicant has attended a licensed school electing to base the course of instruction and practice on credit hours as provided in K.S.A. 65-1903, and amendments thereto, the written test shall be administered at the completion of the credit hours which are the equivalent of 1,000 clock hours under the formula for conversion used by the licensed school. A practical test may be administered prior to licensure. Examinations to qualify for an instructor's license shall be limited to written tests.
(b) Each applicant for licensure by examination shall:
(1) Be at least 17 years of age;
(2) be a graduate of an accredited high school, or equivalent thereof. The provisions of this paragraph shall not apply to any applicant who was at least 25 years of age and licensed as an apprentice on May 21, 1998;
(3) submit to the board verification of date of birth; and
(4) have served as an apprentice for the period of time provided by K.S.A. 65-1912, and amendments thereto.
(c) Any person making application who possesses the necessary qualifications to take an examination provided herein, upon application and payment of the nonrefundable temporary permit fee, may be issued a temporary permit by the board to practice cosmetology until the next regular examination conducted by the board.
History:
L. 1927, ch. 245, § 8; L. 1943, ch. 222, § 7; L. 1951, ch. 361, § 3; L. 1963, ch. 316, § 3; L. 1965, ch. 381, § 2; L. 1971, ch. 210, § 2; L. 1972, ch. 232, § 3; L. 1975, ch. 322, § 7; L. 1981, ch. 249, § 3; L. 1983, ch. 212, § 6; L. 1998, ch. 160, § 7; L. 1999, ch. 14, § 1; L. 2002, ch. 187, § 7; L. 2008, ch. 108, § 5; L. 2014, ch. 130, § 4; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 19 - Licensure Of Entities By State Board Of Cosmetology › 65-1906 Display of license, inspection report and sanitation standards.

65-1906.
Display of license, inspection report and sanitation standards.
(a) Each licensed cosmetologist, cosmetology technician, esthetician, manicurist, electrologist and instructor shall display such person's license in a conspicuous place in the salon, clinic or school where the holder thereof is employed or working.
(b) Each holder of a salon, clinic or school license shall display the license and most recent inspection report and the sanitation standards prescribed by the secretary of health and environment pursuant to K.S.A. 65-1,148, and amendments thereto, in a conspicuous place in the salon, clinic or school.
History:
L. 1927, ch. 245, § 9; L. 1943, ch. 222, § 8; L. 1949, ch. 334, § 4; L. 1998, ch. 160, § 8; L. 2008, ch. 108, § 6; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 19 - Licensure Of Entities By State Board Of Cosmetology › 65-1907 Inspectors, duties and training; student requirements; dual-licensed salon and barber shops.

65-1907. Inspectors, duties and training; student requirements; dual-licensed salon and barber shops.
(a) Except as provided in subsection (b), the chairperson, with the approval of the board, shall employ inspectors to inspect schools, salons and clinics and the inspectors shall perform all of the inspection duties of the board, as required by this act, rules and regulations of the board and sanitation standards adopted by the secretary of health and environment pursuant to K.S.A. 65-1,148, and amendments thereto. The board shall provide training to the inspectors to enable the inspectors to provide current information to school, salon and clinic personnel regarding requirements of applicable statutes and rules and regulations. It shall be the duty of the board to determine the number of hours and practice work required of students in each subject of cosmetology, nail technology, esthetics and electrology taught in a licensed school.
(b) The chairperson of the board of cosmetology, with the approval of the board, may enter into an agreement with the chairperson of the board of barbering as to which board's inspectors shall inspect a dual-licensed salon and barber shop. Such designated inspectors shall perform all of the inspection duties of both boards, as required by the applicable statutes and rules and regulations of both boards and the sanitation standards adopted by the secretary of health and environment pursuant to K.S.A. 65-1,148, and amendments thereto. Such designated inspectors shall be trained by both boards as required by the applicable statutes and rules and regulations of both boards.
History:
L. 1927, ch. 245, § 10; L. 1961, ch. 385, § 4; L. 1975, ch. 462, § 94; L. 1987, ch. 238, § 7; L. 1989, ch. 195, § 6; L. 1995, ch. 120, § 5; L. 1998, ch. 160, § 9; L. 2014, ch. 63, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 19 - Licensure Of Entities By State Board Of Cosmetology › 65-1908 Revocation, censure, limitation or condition, suspension, nonrenewal or refusal of license; assessment of fines; grounds; authority of inspectors.

65-1908.
Revocation, censure, limitation or condition, suspension, nonrenewal or refusal of license; assessment of fines; grounds; authority of inspectors.
(a) The board, in accordance with the provisions of the Kansas administrative procedure act, may refuse to issue or renew a license, or revoke, suspend, censure, limit or condition a license for any of the following reasons:
(1) Failure to comply with the sanitation standards prescribed by the secretary of health and environment pursuant to K.S.A. 65-1,148, and amendments thereto;
(2) failure to comply with any provision of this act, with the rules and regulations of the board of cosmetology or with any order issued by the board;
(3) has become a danger to the public by reason of alcohol or drug abuse;
(4) conviction of a felony unless the applicant or licensee is able to demonstrate to the board's satisfaction that such person has been sufficiently rehabilitated to warrant the public trust;
(5) the obtaining of, or the attempt to obtain, a license by fraudulent misrepresentation or bribery;
(6) advertising by means of false or knowingly deceptive matter or statement;
(7) failure to display the annual license or inspection report as provided for in this act;
(8) gross negligence or unprofessional conduct as defined by rules and regulations of the board; or
(9) has had a license revoked, suspended or limited, or has had other disciplinary action taken, or an application for a license denied, by the proper regulatory authority of another state, territory, District of Columbia or another country, a certified copy of the record of the action of the other jurisdiction being conclusive evidence thereof.
(b) The board may order the remedying of any violations of rules and regulations of the board or any provision of this act, and the board may issue a cease and desist order upon board determination that the holder of a license or any person has violated any order of the board, any rules and regulations of the board or any provision of this act.
(c) Inspectors employed by the board shall have such powers as the board may prescribe by rules and regulations to make inspections, investigations, and inquiries, except that a permanent order for closing any establishment licensed by the board shall be issued only by the board.
(d) In addition to the board's authority to refuse licensure or impose discipline pursuant to subsection (a), the board shall have the authority to assess a fine not in excess of $1,000 against a licensee for each of the reasons specified in subsection (a). Such fine may be assessed in lieu of or in addition to such discipline.
History:
L. 1927, ch. 245, § 11; L. 1961, ch. 385, § 5; L. 1975, ch. 322, § 8; L. 1984, ch. 313, § 116; L. 1989, ch. 195, § 7; L. 1992, ch. 108, § 4; L. 1995, ch. 119, § 2; L. 1998, ch. 160, § 10; L. 2002, ch. 187, § 8; L. 2008, ch. 108, § 7; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 19 - Licensure Of Entities By State Board Of Cosmetology › 65-1909 Violations; civil and criminal remedies.

65-1909.
Violations; civil and criminal remedies.
(a) No person shall:
(1) Employ an individual or allow any individual to engage in any activity for which a license is required pursuant to K.S.A. 65-1902, and amendments thereto, unless such individual holds a currently valid license issued to such individual;
(2) violate any order or ruling of the state board of cosmetology;
(3) fail or refuse to comply with rules and regulations prescribed by the board or applicable sanitation standards adopted by the secretary of health and environment pursuant to K.S.A. 65-1,148, and amendments thereto; or
(4) violate any of the provisions of article 19 of chapter 65 of [the] Kansas Statutes Annotated.
(b) Violation of subsection (a) is a misdemeanor punishable by a fine of not less than $10 nor more than $100, or by imprisonment in the county jail for not less than 10 days nor more than 90 days, or by both such fine and imprisonment.
(c) The board may bring an action in its own name in a court of competent jurisdiction to enjoin any person from practicing or teaching cosmetology, esthetics, nail technology or electrology or from operating a salon, clinic or school where such courses are taught without a currently valid license. In any civil action brought under this section, it shall be presumed that irreparable damage will occur where the board alleges and proves a person committed a violation of such licensing laws. In addition to issuing an order for injunctive relief, the court also may assess a fine of not to exceed $1,500 against such person.
History:
L. 1927, ch. 245, § 12; L. 1949, ch. 334, § 5; L. 1975, ch. 322, § 9; L. 1987, ch. 238, § 8; L. 1989, ch. 195, § 8; L. 1998, ch. 160, § 11; L. 2002, ch. 187, § 9; L. 2008, ch. 108, § 8; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 19 - Licensure Of Entities By State Board Of Cosmetology › 65-1910 Invalidity of part.

65-1910.
Invalidity of part.
If any part or parts of this act be held to be unconstitutional, the remaining part or parts of this act shall be unaffected thereby.
History:
L. 1927, ch. 245, § 14; June 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 19 - Licensure Of Entities By State Board Of Cosmetology › 65-1920 Tanning facility licensing; definitions.

65-1920.
Tanning facility licensing; definitions.
(a) As used in this act:
(1) "Authorized agent" means an employee of the state board of cosmetology designated by the board to enforce this act.
(2) "Board" means the state board of cosmetology.
(3) "Phototherapy device" means equipment that emits ultraviolet radiation that is used in the treatment of disease or other medical use.
(4) "Tanning device" means equipment that emits electromagnetic radiation with wavelengths in the air that is used for tanning of human skin and includes any accompanying items incidental to operation of the tanning device.
(5) "Tanning facility" means any facility, whether independent or part of a salon, health spa or any other facility, which provides access to tanning devices but shall not include private residences if access to tanning devices is provided without charge.
(b) This act does not apply to use of a phototherapy device by or under supervision of a person licensed to practice medicine and surgery.
History:
L. 1992, ch. 170, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 19 - Licensure Of Entities By State Board Of Cosmetology › 65-1921 Same; warnings.

65-1921.
Same; warnings.
A tanning facility shall give each customer a written statement warning that:
(a) Failure to use the eye protection provided to the customer by the tanning facility may result in damage to the eyes;
(b) overexposure to ultraviolet radiation causes burns;
(c) repeated exposure to ultraviolet radiation may result in premature aging of the skin and skin cancer;
(d) abnormal skin sensitivity or burning may be caused by reactions of ultraviolet radiation to certain: Foods; cosmetics; or medications, including: Tranquilizers; diuretics; antibiotics; high blood pressure medicines; or birth control pills; and
(e) any person taking a prescription or over-the-counter drug should consult a physician before using a tanning device.
History:
L. 1992, ch. 170, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 19 - Licensure Of Entities By State Board Of Cosmetology › 65-1922 Same; warning signs; posting; dimensions.

65-1922.
Same; warning signs; posting; dimensions.
(a) A tanning facility shall post a warning sign in a conspicuous location where it is readily visible by persons entering the establishment. The sign shall have dimensions of no less than eight inches by 10 inches and shall contain the following wording:
CAUTION: ULTRAVIOLET RADIATION
Repeated exposure to ultraviolet radiation may cause skin damage characterized by wrinkling, dryness, fragility and skin cancer.
Failure to use protective eyewear may result in severe burns or permanent injury to the eyes.
Medications or cosmetics may increase your sensitivity to ultraviolet radiation. Consult a physician before using a tanning device if you are using medications, have a history of skin problems or believe you are especially sensitive to sunlight. Pregnant women or women taking oral contraceptives who use this product may develop discolored skin.
IF YOU DO NOT TAN IN THE SUN, YOU WILL NOT TAN FROM USE OF AN ULTRAVIOLET DEVICE OR SUNLAMP
(b) A tanning facility shall post a warning sign, one for each tanning device, in a conspicuous location that is readily visible to a person about to use the device. The sign shall have dimensions of not less than eight inches by 10 inches and shall contain the following language:
CAUTION: ULTRAVIOLET RADIATION
1. Follow the manufacturer's instructions for use of this device.
2. Avoid too frequent or lengthy exposure. As with natural sunlight, exposure can cause serious eye and skin injuries and allergic reactions. Repeated exposure may cause skin cancer.
3. Wear protective eyewear. Failure to use protective eyewear may result in severe burns or permanent damage to the eyes.
4. Do not sunbathe before or after exposure to ultraviolet radiation.
5. Medications or cosmetics may increase your sensitivity to ultraviolet radiation. Consult a physician before using a sunlamp if you are using medication, have a history of skin problems or believe you are especially sensitive to sunlight. Pregnant women or women using oral contraceptives who use this product may develop discolored skin.
IF YOU DO NOT TAN IN THE SUN, YOU WILL NOT TAN FROM USE OF THIS DEVICE
History:
L. 1992, ch. 170, § 3; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 19 - Licensure Of Entities By State Board Of Cosmetology › 65-1923 Same; promotional material.

65-1923.
Same; promotional material.
A tanning facility shall not claim or distribute promotional materials that claim that using a tanning device is safe or free from risk.
History:
L. 1992, ch. 170, § 4; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 19 - Licensure Of Entities By State Board Of Cosmetology › 65-1924 Same; presence of trained operator required; protective eyewear and physical aids; timer; maximum exposure time and interior temperature.

65-1924.
Same; presence of trained operator required; protective eyewear and physical aids; timer; maximum exposure time and interior temperature.
(a) A tanning facility shall have an operator present during operating hours. The operator must be trained in the correct operation of the tanning devices used at the facility that the operator may inform and assist each user in the proper use of the tanning devices.
(b) Before each use of a tanning device, the operator shall provide the customer with protective eyewear which meets the standards of title 21, part 1040.20 of the code of federal regulations. The operator may not allow a person to use a tanning device if that person does not use the protective eyewear. The operator shall also show each customer how to use suitable physical aids, such as handrails and markings on the floor, to maintain proper exposure distance as recommended by the manufacturer of the tanning device.
(c) The tanning facility shall use a timer with an accuracy of at least plus or minus 10% of any selected time interval. The facility shall limit the exposure time of a user on a tanning device to the maximum exposure time recommended by the manufacturer. The facility shall control the interior temperature of a tanning device so that it may not exceed 100 degrees Fahrenheit.
History:
L. 1992, ch. 170, § 5; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 19 - Licensure Of Entities By State Board Of Cosmetology › 65-1925 Rules and regulations; inspections; violations; remedies.

65-1925.
Rules and regulations; inspections; violations; remedies.
(a) The board may adopt rules and regulations to implement this act. The board, after consultation with the secretary of health and environment, shall adopt rules and regulations relating to the safe functioning of tanning devices. Pursuant to K.S.A. 65-1,148, and amendments thereto, the secretary of health and environment shall adopt sanitation standards for tanning facilities.
(b) An authorized agent shall have access at all reasonable times to any tanning facility to inspect the facility to determine compliance with this act.
(c) If an authorized agent finds that a person has violated, or is violating or threatening to violate this act and that the violation or threat of violation creates an immediate threat to the health and safety of the public, the authorized agent may petition the district court for a temporary restraining order to restrain the violation or threat of violation.
(d) If a person has violated or is violating or threatening to violate this act or rules and regulations adopted by the board or by the secretary of health and environment, as provided by this section, the board, after a hearing in accordance with the administrative procedure act, may suspend the license of a tanning facility until such time that the tanning facility can demonstrate to the board that it has corrected deficiencies and is in compliance with this act and rules and regulations adopted pursuant to this act.
(e) On application for injunctive relief and a finding that a person is violating or threatening to violate this act or rules and regulations adopted by the board or by the secretary of health and environment, as provided by this section, the district court shall grant any injunctive relief warranted by the facts.
History:
L. 1992, ch. 170, § 6; L. 2002, ch. 187, § 11; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 19 - Licensure Of Entities By State Board Of Cosmetology › 65-1926 Licensure requirement; grounds for disciplinary action; fees.

65-1926.
Licensure requirement; grounds for disciplinary action; fees.
(a) A person shall not operate a tanning facility without a valid license issued by the board.
(b) The license shall be displayed in a conspicuous place in the tanning facility.
(c) On application, on forms provided by the board, and on receipt of the appropriate fee, a license shall be renewed by the board.
(d) The board may adopt a system under which licenses expire on various dates during the year. As part of this system the annual renewal fee may be prorated on a monthly basis to reflect the actual number of months the license is valid.
(e) The board may deny, refuse to renew, revoke, cancel, suspend or place on probation a license to operate a tanning facility for any of the following reasons:
(1) A failure to pay a license fee or an annual renewal fee for a license;
(2) the applicant obtained or attempted to obtain a license by fraud or deception;
(3) a violation of any of the provisions of this act; or
(4) a violation of any rules and regulations adopted by the board or by the secretary of health and environment, as provided by K.S.A. 65-1925, and amendments thereto.
(f) The board shall establish appropriate licensure and renewal fees, not to exceed $100 per year for each tanning facility, by adoption of rules and regulations. The board may establish the fees based upon the number of beds used for tanning which the facility maintains. In addition to the fee for licensure and the fee for renewal of a license, the board may establish a fee not to exceed $150 for delinquent renewal of a license and a fee not to exceed $200 for reinstatement of a license.
(g) The executive director of the board shall remit all moneys received from fees under this act 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 manner specified under K.S.A. 74-2704, and amendments thereto.
(h) In addition to the board's authority to refuse licensure or impose discipline pursuant to subsection (a), the board shall have the authority to assess a fine not in excess of $1,000 against a licensee for each of the reasons specified in subsection (e). Such fine may be assessed in lieu of or in addition to such discipline.
History:
L. 1992, ch. 170, § 7; L. 2001, ch. 5, § 232; L. 2002, ch. 187, § 12; L. 2008, ch. 108, § 10; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 19 - Licensure Of Entities By State Board Of Cosmetology › 65-1927 Penalties for violations.

65-1927.
Penalties for violations.
Any person who operates an unlicensed tanning facility in this state or violates this act or any rules and regulations adopted by the board or by the secretary of health and environment, as provided by K.S.A. 65-1925, and amendments thereto, shall be guilty of a class C misdemeanor.
History:
L. 1992, ch. 170, § 8; L. 2002, ch. 187, § 13; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 19 - Licensure Of Entities By State Board Of Cosmetology › 65-1928 Braiding or threading of hair; exemption of persons engaged therein from practice of cosmetology, requirements; duties of secretary of health and environment.

65-1928. Braiding or threading of hair; exemption of persons engaged therein from practice of cosmetology, requirements; duties of secretary of health and environment.
(a) The secretary of health and environment shall develop a brochure containing information about infection control techniques that are appropriate for hair braiding and threading outside the salon setting. This brochure shall be made available through the department of health and environment's website or by mail, upon request, for a fee to cover the department of health and environment's printing costs. The brochure shall contain a self-test with questions on the information contained in the brochure.
(b) For an individual engaged in hair braiding or threading to be exempt from the practice of cosmetology under K.S.A. 65-1901, and amendments thereto, such individual shall complete the self-test part of the brochure and keep the brochure and completed self-test available at the location where the individual is braiding hair or threading.
History:
L. 2000, ch. 109, § 2; L. 2022, ch. 41, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 19 - Licensure Of Entities By State Board Of Cosmetology › 65-1929 Tanning facility license required; remedies.

65-1929.
Tanning facility license required; remedies.
(a) If the board determines that an individual or entity has operated a tanning facility without a valid license, in addition to any other penalties imposed by law, the board, in accordance with the Kansas administrative procedure act, may issue a cease and desist order against such individual or entity or may assess such individual or entity a fine of not to exceed $1,500 or may issue such order and assess such fine. In determining the amount of fine to be assessed, the board may consider the following factors: (1) Willfulness of the violation, (2) repetitions of the violation, and (3) risk of harm to the public caused by the violation.
(b) The board may bring an action in its own name in a court of competent jurisdiction to enjoin any person from operating a tanning facility without a currently valid license. In any civil action brought under this section, it shall be presumed that irreparable damage will occur where the board alleges and proves a person committed a violation of such licensing laws. In addition to issuing an order for injunctive relief, the court may also assess a fine of not to exceed $1,500 against such person.
History:
L. 2002, ch. 187, § 14; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 19 - Licensure Of Entities By State Board Of Cosmetology › 65-1931 Minors prohibited from tanning; fines.

65-1931. Minors prohibited from tanning; fines.
(a) No tanning facility shall provide access to a tanning device for any person under 18 years of age.
(b) In addition to the board's authority to impose discipline pursuant to K.S.A. 65-1920, and amendments thereto, the board shall have the authority to assess a fine not in excess of $250 against a licensee for each violation. Such fine may be assessed in lieu of or in addition to such discipline.
(c) The board shall adopt rules and regulations as necessary to effectuate the provisions of this section. Such rules and regulations shall be adopted no later than January 1, 2017.
History:
L. 2016, ch. 91, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 19 - Licensure Of Entities By State Board Of Cosmetology › 65-1932 Citation of act.

65-1932. Citation of act.
K.S.A. 65-1920 through 65-1929 and K.S.A. 65-1931, and amendments thereto, shall be known and may be cited as the Kansas tanning facilities act.
History:
L. 2016, ch. 91, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 19 - Licensure Of Entities By State Board Of Cosmetology › 65-1940 Licensure of tattooing and body piercing; definitions.

65-1940.
Licensure of tattooing and body piercing; definitions.
As used in this act, unless the context otherwise requires:
(a) "Board" means the Kansas state board of cosmetology or its designee.
(b) "Director" means the executive director of the board.
(c) "Department" means the department of health and environment.
(d) "Secretary" means the secretary of health and environment.
(e) "Tattoo artist" and "cosmetic tattoo artist" mean a person who practices tattooing or cosmetic tattooing or both pursuant to this act.
(f) "Body piercer" means a person engaged in the practice of body piercing pursuant to this act.
(g) "Body piercing" means puncturing the skin of a person by aid of needles designed or used to puncture the skin for the purpose of inserting removable jewelry through the human body, except puncturing the external part of the human earlobe shall not be included in this definition. This act shall not be construed to authorize a licensed body piercer to implant or embed foreign objects into the human body or otherwise to engage in the practice of medicine and surgery.
(h) "Physician" means a person licensed to practice medicine and surgery by the state board of healing arts.
(i) "Tattooing" means the process by which the skin is marked or colored by insertion of nontoxic dyes or pigments by use of a needle into or under the subcutaneous portion of the skin so as to form indelible marks for cosmetic or figurative purposes.
(j) "Tattoo establishment" means any room or space or any part thereof where tattooing is practiced or where the business of tattooing is conducted.
(k) "Body piercing establishment" means any room space, or any part thereof, where body piercing is practiced or where the business of body piercing is conducted.
(l) "Cosmetic tattooing" means the process by which the skin is marked or colored by insertion of nontoxic dyes or pigments into or under the subcutaneous portion of the skin, by use of a needle, so as to form indelible marks for cosmetic or figurative purposes.
(m) "Cosmetic tattooing establishment" means any room, space, or any part thereof, where cosmetic tattooing is practiced or where the business of cosmetic tattooing is conducted.
(n) "Court appointed guardian" means one who is appointed by a court and has legal authority and duty to care for another person, especially because of the other's infancy, incapacity or disability.
(o) "Needle" means a sharp, pointed implement used for the purpose of tattooing, cosmetic tattooing or body piercing. The term "needle" does not include any implements or objects altered to be used as needles.
(p) "Trainer" means a licensed individual who guides another in tattooing, cosmetic tattooing or body piercing.
(q) "Apprentice" means any person licensed by the board to engage in learning the practice of tattooing, cosmetic tattooing or body piercing.
History:
L. 1996, ch. 138, § 1; L. 2001, ch. 193, § 2; L. 2008, ch. 108, § 11; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 19 - Licensure Of Entities By State Board Of Cosmetology › 65-1941 Licensure; license required to perform certain activities; exceptions; criminal penalty; action to enjoin unauthorized activities; rules and regulations.

65-1941. Licensure; license required to perform certain activities; exceptions; criminal penalty; action to enjoin unauthorized activities; rules and regulations.
(a) No person, including a tattoo artist, cosmetic tattoo artist or body piercer, shall perform tattooing, cosmetic tattooing or body piercing on another person, display a sign or in any other way advertise or purport to be a tattoo artist, cosmetic tattoo artist or body piercer unless that person holds a valid license issued by the board. This act does not prevent or affect the use of tattooing, cosmetic tattooing or body piercing by a physician, a person under the control and supervision of a physician, a licensed dentist, a person under the control and supervision of a licensed dentist or an individual performing tattooing, cosmetic tattooing or body piercing solely on such individual's body.
(b) Violation of subsection (a) is a class A nonperson misdemeanor.
(c) The board may bring an action to enjoin any person required to be licensed under K.S.A. 65-1940 through 65-1954, and amendments thereto, from practicing body piercing, tattooing or cosmetic tattooing if such person does not hold a currently valid license authorizing the person to engage in such practice. The board may bring an action to enjoin any person from operating an establishment required to be licensed under K.S.A. 65-1940 through 65-1954, and amendments thereto, if such person does not hold a currently valid establishment license.
(d) The board may order the remedying of any violations of rules and regulations of the board or any provision of this act, and the board may issue a cease and desist order upon board determination that a person has violated any order of the board, any rules and regulations of the board or any provision of K.S.A. 65-1940 through 65-1954, and amendments thereto.
History:
L. 1996, ch. 138, § 2; L. 2001, ch. 193, § 3; L. 2008, ch. 108, § 12; L. 2023, ch. 40, § 5; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 19 - Licensure Of Entities By State Board Of Cosmetology › 65-1942 Same; prohibited acts; penalty.

65-1942.
Same; prohibited acts; penalty.
(a) No person shall:
(1) Sell, barter or offer to sell or barter a license;
(2) purchase or procure by barter a license with intent to use it as evidence of the person's qualification to practice tattooing, cosmetic tattooing or body piercing;
(3) alter materially a license with fraudulent intent;
(4) use or attempt to use as a valid license a license which has been purchased, fraudulently obtained, counterfeited or materially altered; or
(5) willfully make a false, material statement in an application for licensure or for renewal of a license.
(b) A violation of subsection (a), and amendments thereto, is a class A nonperson misdemeanor.
(c) No person shall:
(1) Produce an indelible mark or figure on the body of another by scarring using scalpels or other related equipment;
(2) produce an indelible mark or figure on the body of another by branding using a hot iron or other instrument; or
(3) use any other instrument other than a needle, as defined in K.S.A. 65-1940, and amendments thereto, for the purpose of tattooing, cosmetic tattooing or body piercing.
(d) A violation of any of the prohibitions in subsection (c) is a class A misdemeanor.
History:
L. 1996, ch. 138, § 3; L. 2001, ch. 193, § 4; L. 2008, ch. 108, § 13; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 19 - Licensure Of Entities By State Board Of Cosmetology › 65-1944 Same; address of place of business, licensee to notify board in writing; license to be posted; record of address of licensed facility; notices to licensee; issuance of license.

65-1944.
Same; address of place of business, licensee to notify board in writing; license to be posted; record of address of licensed facility; notices to licensee; issuance of license.
(a) A person who holds a license shall notify the board in writing of the regular address of the licensed establishment where the person performs or intends to perform tattooing, cosmetic tattooing or body piercing and shall keep the license conspicuously posted in the establishment at all times.
(b) The board shall keep a record of the place or places of business of each person who holds a license.
(c) Any notice required to be given by the board to a person who holds a license may be given by mailing the notice to the address of the last place of business of which the person has notified the board.
(d) The board shall issue to each qualified applicant a license to operate a tattooing, cosmetic tattooing or body piercing establishment and to advertise tattooing, cosmetic tattooing or body piercing services for which the establishment is licensed.
(e) Each establishment for tattooing, cosmetic tattooing or body piercing shall conspicuously post the establishment's license in the establishment at all times.
History:
L. 1996, ch. 138, § 5; L. 2008, ch. 108, § 15; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 19 - Licensure Of Entities By State Board Of Cosmetology › 65-1945 Same; expiration; renewal; continuing education.

65-1945. Same; expiration; renewal; continuing education.
(a) Except as otherwise provided in this section, a license issued under K.S.A. 65-1950, and amendments thereto, expires two years after the date of issue unless renewed by payment of the required non-refundable renewal fee. If payment is transmitted by postal service, the envelope must be postmarked on or before the expiration of the license.
(b) All tattoo artists, cosmetic tattoo artists and body piercers must participate in continuing education, with guidelines and effective date to be established by rules and regulations of the board.
History:
L. 1996, ch. 138, § 6; L. 2008, ch. 108, § 16; L. 2014, ch. 130, § 6; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 19 - Licensure Of Entities By State Board Of Cosmetology › 65-1946 Standards for licensure.

65-1946. Standards for licensure.
Licensed practicing tattoo artists, cosmetic tattoo artists and body piercers shall meet the following standards and any others the board may adopt by rules and regulations:
(a) Tattoo artists, cosmetic tattoo artists and body piercers, and their establishments shall comply with all applicable sanitation standards adopted by the secretary pursuant to K.S.A. 65-1,148, and amendments thereto;
(b) practicing tattoo artists, cosmetic tattoo artists and body piercers shall be equipped with appropriate sterilizing equipment, with availability of hot and cold running water and a covered waste receptacle; and
(c) case history cards shall be kept for each client for a period of three years.
History:
L. 1996, ch. 138, § 7; L. 2002, ch. 187, § 15; L. 2008, ch. 108, § 17; L. 2023, ch. 40, § 6; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 19 - Licensure Of Entities By State Board Of Cosmetology › 65-1947 Same; grounds for revocation, suspension, refusal to issue or renew, censure, limitation or conditioning of licenses and assessment of fines.

65-1947.
Same; grounds for revocation, suspension, refusal to issue or renew, censure, limitation or conditioning of licenses and assessment of fines.
(a) The board may revoke, censure, limit or condition, suspend, refuse to issue or renew any license issued under this act, or assess a fine, not to exceed $1,000 per violation, on any person or licensee upon proof that a person or licensee:
(1) Has been convicted of a violation under K.S.A. 65-1942, and amendments thereto;
(2) has been convicted of any felony offense in this or any other state and fails to demonstrate, to the board's satisfaction, that such person or licensee has been sufficiently rehabilitated to warrant the public's trust. The board may make recommendations to an applicant as to what constitutes proof of rehabilitation;
(3) has misrepresented, misstated or failed to disclose personal qualifications or other information necessary to practice tattooing, cosmetic tattooing or body piercing in any communication to the board;
(4) has used, caused or promoted the use of any advertising matter, promotional literature, warranty, label, insignia or any other representation, however disseminated or published, that is false, misleading or deceptive;
(5) has deceived the public by acting in a manner as to mislead clients as to the person's professional status;
(6) has employed directly or indirectly any suspended or unlicensed person to perform any tattooing, cosmetic tattooing or body piercing covered by this act;
(7) has obtained or attempted to obtain a license through fraud, bribery, deceit, misrepresentation, or other misconduct;
(8) has practiced tattooing, cosmetic tattooing or body piercing under a false, misleading or deceptive name;
(9) has failed, if a licensed tattoo artist, cosmetic tattoo artist or body piercer, to maintain a business address and telephone number at which the licensee may be reached during business hours;
(10) has failed, if a nonpracticing tattoo artist, cosmetic tattoo artist or body piercer, to provide the board with a home address and telephone number;
(11) has failed to properly and reasonably accept responsibility for the actions of employees;
(12) has practiced tattooing, cosmetic tattooing or body piercing with a mental or physical illness that affects ability to perform or endangers the public;
(13) has demonstrated gross incompetence in performing tattooing, cosmetic tattooing or body piercing;
(14) has become a danger to the public by reason of alcohol or drug abuse; or
(15) has violated any of the provisions of this act or rules and regulations adopted by the board pursuant to this act.
History:
L. 1996, ch. 138, § 8; L. 2008, ch. 108, § 18; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 19 - Licensure Of Entities By State Board Of Cosmetology › 65-1948 Same; powers and duties of board.

65-1948.
Same; powers and duties of board.
The powers and duties of the board as related to this act are as follows:
(a) To authorize all disbursements necessary to carry out the provisions of this act;
(b) to determine training and experience requirements for taking the examination and to supervise and administer examinations to test the knowledge of applicants for licensure;
(c) to license persons who apply to the board and who have qualified to practice tattooing, cosmetic tattooing or body piercing;
(d) to renew licenses;
(e) to appoint representatives to conduct or supervise the examination of applicants for licensure;
(f) to designate the time and place for examining applicants for licensure;
(g) to carry out, together with the department or separately, the periodic inspection of establishments of persons who are licensed to practice tattooing, cosmetic tattooing or body piercing;
(h) to issue a tattooing, cosmetic tattooing or body piercing establishment license to qualified applicants upon compliance with this act; and
(i) to appoint or employ subordinate employees.
History:
L. 1996, ch. 138, § 9; L. 2008, ch. 108, § 19; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 19 - Licensure Of Entities By State Board Of Cosmetology › 65-1949 Same; education and training standards prescribed for practice, rules and regulations; testing for knowledge of safety and infection control techniques; inspection of establishments.

65-1949.
Same; education and training standards prescribed for practice, rules and regulations; testing for knowledge of safety and infection control techniques; inspection of establishments.
(a) The board shall adopt rules and regulations to prescribe education and training standards for each of the practices of tattooing, cosmetic tattooing and body piercing.
(b) An applicant seeking licensure as a tattoo artist, cosmetic tattoo artist or body piercer shall be required to demonstrate knowledge of safety and infection control techniques by means of a test conducted by the board.
(c) Each tattoo, cosmetic tattoo or body piercing establishment shall be inspected by the board to ensure that proper safety and infection control techniques are followed before an establishment license is issued.
History:
L. 1996, ch. 138, § 10; L. 2008, ch. 108, § 20; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 19 - Licensure Of Entities By State Board Of Cosmetology › 65-1950 Same; licensure; fees.

65-1950. Same; licensure; fees.
(a) The board shall assess, by rules and regulations adopted by the board, such non-refundable fees as are necessary to carry out the provisions of this act.
(b) The board shall license each applicant, without discrimination, who proves to the satisfaction of the board, fitness for such licensure as required by this act and upon payment of a non-refundable fee established by the board under this section. Except as provided in K.S.A. 65-1945, and amendments thereto, the board shall issue to the applicant a license that expires two years after the date of issuance.
(c) The board shall establish all fees under this act. The fees and charges established under this section shall not exceed the cost of administering the regulatory program under this act pertaining to the purpose for which the fee or charge is established.
History:
L. 1996, ch. 138, § 11; L. 2008, ch. 108, § 21; L. 2014, ch. 130, § 7; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 19 - Licensure Of Entities By State Board Of Cosmetology › 65-1951 Same; moneys received by board deposited in state treasury; credited to state general fund and cosmetology fee fund.

65-1951. Same; moneys received by board deposited in state treasury; credited to state general fund and cosmetology fee fund.
The board, the director or a person authorized by 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 cosmetology fee fund.
History:
L. 1996, ch. 138, § 12; L. 2001, ch. 5, § 233; L. 2011, ch. 53, § 30; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 19 - Licensure Of Entities By State Board Of Cosmetology › 65-1953 Same; performance of body piercing or tattooing on persons under 18, written and notarized consent; penalties.

65-1953.
Same; performance of body piercing or tattooing on persons under 18, written and notarized consent; penalties.
No person shall perform body piercing, cosmetic tattooing or tattooing on or to any person under 18 years of age without the prior written and notarized consent of the parent or court appointed guardian of such person and the person giving such consent must be present during the body piercing, cosmetic tattooing or tattooing procedure. The written permission and a copy of the letters of guardianship when such permission is given by a guardian, shall be retained by the person administering such body piercing, cosmetic tattooing or tattooing for a period of five years. Violation of this section is a class A misdemeanor.
History:
L. 1996, ch. 138, § 14; L. 2001, ch. 193, § 5; L. 2008, ch. 108, § 22; July 1.