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Session of 2000
          SENATE BILL No. 542           By Committee on Public Health and Welfare           2-1          

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  9             AN  ACT concerning cosmetology; relating to licensure, reciprocity and
10             student instructor's permits; amending K.S.A. 1999 Supp. 65-1903, 65-
11             1904, 65-1904b and 65-1908 and repealing the existing sections.
12      
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 1999 Supp. 65-1903 is hereby amended to read as
15       follows: 65-1903. (a) Licensed schools may be established and maintained
16       in this state where the profession of cosmetology may be taught or ac-
17       quired, under the following conditions and regulations:
18             (1) Any person may apply to the board for a license for conducting a
19       school for the teaching of the profession of cosmetology. The license shall
20       be granted by the board upon proper and sufficient showing of compe-
21       tency of the applicant and assurance of compliance by the applicant with
22       the requirements of this act, all reasonable rules and regulations adopted
23       by the board for the proper conduct of the school and all applicable
24       sanitation standards adopted by the secretary of health and environment
25       pursuant to K.S.A. 65-1,148 and amendments thereto. Prior to issuance
26       of the license, the applicant shall pay to the board the nonrefundable
27       license application fee established under K.S.A. 65-1904 and amend-
28       ments thereto. School licenses shall be renewed before July 1 of each
29       year by submitting an application and payment of the nonrefundable li-
30       cense renewal fee established under K.S.A. 65-1904 and amendments
31       thereto. Any license may be renewed by the applicant within 30 days
32       after the expiration date of the last license upon payment of a delinquent
33       renewal fee. No license fee shall be required of schools operating under
34       the state board of regents or any tax-supported school. Nothing in this
35       act shall prohibit any person who is a licensed electrologist, while acting
36       as owner and manager of the person's clinic or establishment, from teach-
37       ing electrology in the regular course of the person's business, but at no
38       time shall any clinic or establishment have more than one apprentice or
39       charge tuition for its teaching services.
40             (2) Each school licensed under this subsection (a) shall remain under
41       the constant supervision of the board. Each licensed school at all times
42       shall employ and maintain a sufficient number of instructors, duly li-
43       censed in the practices they teach, to provide at least one instructor for

2
  1       every 25 students in the instructional classroom and one instructor for
  2       every 18 students when providing instruction on the practice floor. Each
  3       licensed school shall provide a course of training requiring not less than
  4       1,500 clock hours of instruction and practice in preparation for the pro-
  5       fession of cosmetology covering a period of not less than nine nor more
  6       than 12 months of training for full-time students. In addition, the school
  7       may provide a course of training of 350 clock hours of instruction and
  8       practice in the profession of nail technology, and a course of training of
  9       650 clock hours of instruction and practice in the profession of esthetics.
10       Such course of training shall include the practices of cosmetology for all
11       major ethnic groups residing in the state, and the board shall require by
12       rules and regulations that each school shall provide instruction for part-
13       time students who are unable to attend a full schedule of classes each
14       week because of part-time employment; enrollment in an accredited pub-
15       lic or private school of secondary education by a student who is pursuing
16       a course of study leading to a diploma from such school; enrollment in a
17       cooperative industrial training program, approved by the division of vo-
18       cational education of the state department of education, by a student who
19       is working toward an occupational objective; or the principles or tenets
20       of the student's religion preventing full-time attendance. Instruction of a
21       part-time student shall be completed by the student within 18 months
22       after the student's enrollment in the school.
23             (b) Any person who teaches the profession of cosmetology in a li-
24       censed school of cosmetology shall be required to obtain a cosmetology
25       instructor's license from the board. To qualify for a cosmetology instruc-
26       tor's license, the applicant must (1) be licensed as a cosmetologist under
27       this act, (2) have practiced as a cosmetologist for one year prior to licen-
28       sure, with successfully completed 300 hours of instructor training within
29       one year of the date of application, (3) pass a cosmetology instructor exam,
30       administered by the board or the board's designee, and (4) pay the non-
31       refundable instructor license application fee established by K.S.A. 65-
32       1904 and amendments thereto. A cosmetology instructor license shall be
33       renewed every two years by furnishing satisfactory evidence that the ap-
34       plicant, except the first renewal period following licensure for applicants
35       not holding a cosmetology instructor license on the effective date of this
36       act, has completed 20 clock hours of continuing education approved by
37       the board in the practice of cosmetology and teaching skills and methods,
38       and by paying the nonrefundable license renewal fee established by
39       K.S.A. 65-1904 and amendments thereto.
40             (c) Licensed schools may be established and maintained in this state
41       where nail technology may be taught or acquired, under the following
42       conditions and regulations:
43             (1) Any person may apply to the board for a license for conducting a

3
  1       school for the teaching of nail technology. The license shall be granted
  2       by the board upon proper and sufficient showing of competency of the
  3       applicant and assurance of compliance by the applicant with the require-
  4       ments of this act, all reasonable rules and regulations adopted by the
  5       board for the proper conduct of the school and all applicable sanitation
  6       standards adopted by the secretary of health and environment pursuant
  7       to K.S.A. 65-1,148 and amendments thereto. Prior to issuance of the
  8       license, the applicant shall pay to the board the nonrefundable license
  9       application fee established under K.S.A. 65-1904 and amendments
10       thereto. School licenses shall be renewed before July 1 of each year by
11       submitting an application and payment of the nonrefundable license re-
12       newal fee established under K.S.A. 65-1904 and amendments thereto.
13       Any license may be renewed by the applicant within 30 days after the
14       expiration date of the last license upon payment of a delinquent renewal
15       fee. No license fee shall be required of schools operating under the state
16       board of regents or any tax-supported school.
17             (2) Each school licensed under this subsection (c) shall remain under
18       the constant supervision of the board. Each licensed school at all times
19       shall employ and maintain a sufficient number of instructors, duly li-
20       censed in the practices they teach, to provide at least one instructor for
21       every 25 students in the classroom and one instructor for every 18 stu-
22       dents when providing instruction on the practice floor. Each licensed
23       school shall provide a course of training requiring not less than 350 clock
24       hours of instruction and practice in preparation for the profession of man-
25       icurist. The board shall require by rules and regulations that each school
26       shall provide instruction for part-time students who are unable to attend
27       a full schedule of classes each week because of part-time employment;
28       enrollment in an accredited public or private school of secondary edu-
29       cation by a student who is pursuing a course of study leading to a diploma
30       from such school; enrollment in a cooperative industrial training program,
31       approved by the division of vocational education of the state department
32       of education, by a student who is working toward an occupational objec-
33       tive; or the principles or tenets of the student's religion preventing full-
34       time attendance. Instruction of all students shall be completed by the
35       student within six months after the student's enrollment in the school.
36             (d) Any person who teaches nail technology in a licensed school of
37       cosmetology or nail technology shall be required to obtain a manicuring
38       instructor's license from the board, unless the person holds a valid cos-
39       metology instructor's license issued under subsection (b). To qualify for
40       a manicuring instructor's license, the applicant must (1) be licensed as a
41       cosmetologist or manicurist under this act, (2) have practiced as a mani-
42       curist or cosmetologist for one year prior to licensure, with successfully
43       completed 300 hours of instructor training within one year of the date of

4
  1       application, (3) pass a manicuring instructor exam, administered by the
  2       board or the board's designee and (4) pay a nonrefundable instructor
  3       license application fee established by K.S.A. 65-1904 and amendments
  4       thereto. A manicuring instructor license shall expire every two years and
  5       shall be renewed by furnishing satisfactory evidence that the applicant,
  6       except the first renewal period following licensure for applicants not hold-
  7       ing a manicuring instructor license on the effective date of this act, has
  8       completed 20 clock hours of continuing education, approved by the
  9       board, in the practice of manicuring and teaching skills and methods and
10       paying the nonrefundable license renewal fee established by K.S.A. 65-
11       1904 and amendments thereto.
12             (e) Licensed schools may be established and maintained in this state
13       where the profession of esthetics may be taught or acquired, under the
14       following conditions and regulations:
15             (1) Any person may apply to the board for a license for conducting a
16       school for the teaching of the profession of esthetics. The license shall be
17       granted by the board upon proper and sufficient showing of competency
18       of the applicant and assurance of compliance by the applicant with the
19       requirements of this act, all reasonable rules and regulations adopted by
20       the board for proper conduct of the school and all applicable sanitation
21       standards adopted by the secretary of health and environment pursuant
22       to K.S.A. 65-1,148 and amendments thereto. Prior to issuance of the
23       license, the applicant shall pay to the board the nonrefundable license
24       application fee established under K.S.A. 65-1904 and amendments
25       thereto. School licenses shall be renewed before July 1 of each year by
26       submitting an application and payment of the nonrefundable license re-
27       newal fee established under K.S.A. 65-1904 and amendments thereto.
28       Any license may be renewed by the applicant within 30 days after the
29       date of expiration of the last license upon payment of a delinquent renewal
30       fee. No license fee shall be required of schools operating under the state
31       board of regents or any tax-supported school.
32             (2) Each school licensed under this subsection (e) shall remain under
33       the constant supervision of the board. Each licensed school at all times
34       shall employ and maintain a sufficient number of instructors, duly li-
35       censed in the practices they teach, to provide at least one full-time in-
36       structor for every 25 students in the instructional classroom and one in-
37       structor for every 18 students when providing instruction on the practice
38       floor. Each licensed school shall provide a course of training requiring
39       not less than 650 clock hours of instruction and practice in esthetics.
40             (f) Any person who teaches esthetics in a licensed school of cosme-
41       tology or esthetics shall be required to obtain an esthetics instructor's
42       license from the board, unless the person holds a valid cosmetology in-
43       structor's license issued under subsection (b). To qualify for an esthetics

5
  1       instructor's license, the applicant must (1) be licensed as a cosmetologist
  2       or esthetician under this act, (2) have practiced as an esthetician or cos-
  3       metologist for one year prior to licensure, with successfully completed 300
  4       hours of instructor training within one year of the date of application, (3)
  5       pass an esthetician instructor exam, administered by the board or the
  6       board's designee and (4) pay a nonrefundable license application fee es-
  7       tablished by K.S.A. 65-1904 and amendments thereto. An esthetics in-
  8       structor license shall expire every two years and shall be renewed by
  9       furnishing satisfactory evidence that the applicant, except the first renewal
10       period following licensure for applicants not holding an esthetics instruc-
11       tor license on the effective date of this act, has completed 20 clock hours
12       of continuing education, approved by the board, in the practice of es-
13       thetics and teaching skills and methods and by paying the nonrefundable
14       license renewal fee established by K.S.A. 65-1904 and amendments
15       thereto.
16             (g) Licensed schools may be established and maintained in this state
17       where the profession of electrology may be taught or acquired, under the
18       following conditions and regulations:
19             (1) Any person may apply to the board for a license for conducting a
20       school for the teaching of the profession of electrology. The license shall
21       be granted by the board upon proper and sufficient showing of compe-
22       tency of the applicant and assurance of compliance by the applicant with
23       the requirements of this act, all reasonable rules and regulations adopted
24       by the board for the proper conduct of the school and all applicable
25       sanitation standards adopted by the secretary of health and environment
26       pursuant to K.S.A. 65-1,148 and amendments thereto. Prior to issuance
27       of the license, the applicant shall pay to the board the nonrefundable
28       license application fee established under K.S.A. 65-1904 and amend-
29       ments thereto. School licenses shall be renewed before July 1 of each
30       year by submitting an application and payment of the nonrefundable li-
31       cense renewal fee established under K.S.A. 65-1904 and amendments
32       thereto. Any license may be renewed by the applicant within 30 days
33       after the expiration date of the last license upon payment of a delinquent
34       renewal fee. No license fee shall be required of schools operating under
35       the state board of regents or any tax-supported school. Nothing in this
36       act shall prohibit any person who is a licensed instructor of electrology or
37       who is and has been for at least three years a licensed electrologist, while
38       acting as owner and manager of the person's salon, clinic or establishment,
39       from teaching electrology in the regular course of the person's business,
40       but at no time shall any salon, clinic or establishment have more than one
41       apprentice or charge tuition for its teaching services.
42             (2) Each school licensed under this subsection (e) shall remain under
43       the constant supervision of the board. Each licensed school at all times

6
  1       shall employ and maintain a sufficient number of instructors, duly li-
  2       censed in the practices they teach, to provide at least one full-time in-
  3       structor for every four students. Each licensed school shall provide a
  4       course of training requiring not less than 500 clock hours of instruction
  5       and practice in electrology covering a period of not less than four months
  6       of training for full-time students and not less than eight months of training
  7       for part-time students.
  8             (h) Any person who teaches electrology in a licensed school of cos-
  9       metology or electrology shall be required to obtain an electrology instruc-
10       tor's license from the board. To qualify for an electrology instructor's
11       license, the applicant must (1) be licensed as an electrologist under this
12       act, (2) have practiced as an electrologist for one year prior to licensure,
13       with successfully completed 300 hours of instructor training within one
14       year of the date of application, (3) pass an electrology instructor exam,
15       administered by the board or the board's designee and (4) pay a nonre-
16       fundable instructor license application fee established under K.S.A. 65-
17       1904 and amendments thereto. Electrology instructor licenses shall expire
18       every two years and may be renewed by furnishing satisfactory evidence
19       that the applicant, except the first renewal period following licensure for
20       applicants not holding an electrology instructor license on the effective
21       date of this act, has completed 20 clock hours of continuing education,
22       approved by the board, in the practice and teaching of electrology and
23       paying the nonrefundable license renewal fee established under K.S.A.
24       65-1904 and amendments thereto. To teach in a licensed salon, the elec-
25       trologist is issued a license for the period of training for the student. To
26       qualify they must: (1) Be a licensed practicing electrologist for a three-
27       year period and (2) pay a nonrefundable instructor license application fee
28       established under K.S.A. 65-1904 and amendments thereto.
29             (i) The board may adopt through rules and regulations a curriculum
30       for cosmetology, nail technology, esthetics and electrology instructor
31       training to be provided in a licensed school of cosmetology.
32             (j) The board may provide by rules and regulations that instructor
33       licenses may expire less than two years from the date of issuance in order
34       for the expiration date of the instructor license to correspond with the
35       expiration date of the individual's license to practice cosmetology, nail
36       technology, esthetics or electrology. In each case in which an instructor
37       license is issued for a period of time of less than two years, the board
38       shall prorate the instructor license application fee from the month of the
39       date of application to the month of the date of expiration of the license
40       to practice cosmetology, nail technology, esthetics or electrology.
41             (j) Any instructor's license may be renewed by an applicant within
42       three months after the date of expiration of the applicant's last license
43       upon submission of proof, satisfactory to the board, of the applicants

7
  1       current hours and qualifications to renew practice as an instructor and
  2       payment of the applicable nonrefundable renewal fee and delinquent fee
  3       prescribed in K.S.A. 65-1904, and amendments thereto. Any applicant
  4       whose instructors license has expired for more than three months may
  5       obtain a license in the same manner and on payment of the same nonre-
  6       fundable fees as provided for an applicant for an original license.
  7             (k)  (1) The board shall provide by rules and regulations student in-
  8       structor permits for applicants wishing to become an instructor in any of
  9       the schools listed in subsections (a) through (i) of this section.
10             (2) To obtain a student instructor's permit the applicant shall:
11             (A) One week prior to starting the 100 clock hours of teaching skills
12       and methodology required under (B)(ii) submit a notice of intent to be-
13       come a student instructor to the board and be enrolled in a board ap-
14       proved instructor's training program. This notification shall be on the
15       application form for the student permit and accompanied by a nonre-
16       fundable fee set by the board.
17             (B) Upon the applicant's submitting to the board proof, satisfactory
18       to the board, of achieving the following terms the applicant shall obtain
19       the student instructor's permit:
20             (i) Be licensed as a cosmetologist;
21             (ii) have completed 100 clock hours of the required 300 clock hours
22       of teaching skills and methodology; and
23             (iii) pay the required nonrefundable application fee.
24             (3) The student instructor's permit shall be good for five weeks of full-
25       time training or 10 weeks of part-time training. If the student does not
26       complete the required training, the board, upon good cause shown, may
27       extend the permit for an additional five weeks of full-time training or 10
28       weeks of part-time training.
29             (4) There shall be only one student with a student instructor permit
30       who may be a student instructor on the school staff at any given time.
31             (5) At no time shall a student instructor practice without the direct
32       supervision of a licensed instructor.
33             (6) A student instructor permit shall count toward the required stu-
34       dent instructor ratio.
35             (7) Failure to complete the instructor curriculum or to take the re-
36       quired exam within one year of the date of application will require the
37       submission of a new instructor's application and 300 clock hours of in-
38       structor's training.
39             Sec.  2. K.S.A. 1999 Supp. 65-1904 is hereby amended to read as
40       follows: 65-1904. (a) Unless revoked for cause, all licenses of cosmetol-
41       ogists, cosmetology technicians, estheticians, electrologists and manicur-
42       ists issued or renewed by the board shall expire on the expiration dates
43       established by rules and regulations adopted by the board under this

8
  1       section. Subject to the other provisions of this subsection, each such li-
  2       cense shall be renewable on a biennial basis upon the filing of a renewal
  3       application prior to the expiration of the license, payment of the nonre-
  4       fundable license renewal fee established under this section and with re-
  5       newal applications filed on and after July 1, 2000, the filing of a success-
  6       fully completed written renewal examination prescribed by the board
  7       under this subsection. For renewal applications filed on and after July 1,
  8       2000, the board shall prescribe a written renewal examination for each
  9       classification of licensee under this subsection which will test the appli-
10       cant's understanding of the laws relating to the practice for which the
11       applicant holds a license, will test the applicant's understanding of health
12       and sanitation matters relating to the practice for which the applicant
13       holds a license and will test the understanding of the applicant about
14       safety matters relating to the practice for which the applicant holds a
15       license. The board shall fix the score for the successful completion of a
16       written renewal examination. The board shall develop an information
17       booklet to be sent to an applicant for renewal of a license along with the
18       written renewal examination. The information booklet shall contain in-
19       formation on the subjects to be tested on the written renewal examination
20       and shall be provided to the applicant along with the written renewal
21       examination at least 30 days prior to the date on which the renewal ap-
22       plication is to be filed. The written renewal examination may be prepared
23       by the applicant with the use of the information booklet. The board shall
24       report to the 1999 session of the legislature the progress made by the
25       board in developing an information booklet and a written renewal
26       examination.
27             (b)  (1) Any cosmetologist's, cosmetology technician's, esthetician's,
28       electrologist's or manicurist's license may be renewed by the applicant
29       within six months after the date of expiration of the applicant's last license
30       upon submission of proof, satisfactory to the board, of the applicant's
31       qualifications to renew practice as a cosmetologist, cosmetology techni-
32       cian, esthetician, electrologist or manicurist, successfully completing the
33       renewal exam and payment of the applicable nonrefundable renewal fee
34       and delinquent fee prescribed pursuant to this section.
35             (2) Any applicant whose license as a cosmetologist, cosmetology tech-
36       nician, esthetician, electrologist or manicurist has expired for more than
37       six months may obtain a license in the same manner and on payment of
38       the same nonrefundable fees as provided for an applicant for an original
39       license.
40             (c) Any applicant for a license other than a renewal license shall make
41       a verified application to the board on such forms as the board may require
42       and, upon payment of the license application fee and the examination fee
43       shall be examined by the board or their appointees and shall be issued a

9
  1       license, if found to be duly qualified to practice the profession of cos-
  2       metologist, esthetician, electrologist or manicurist.
  3             (d) The board is hereby authorized to adopt rules and regulations
  4       fixing the amount of nonrefundable fees for the following items and to
  5       charge and collect the amounts so fixed, subject to the following
  6       limitations:

7	Cosmetologist license application fee, for two years--not more than	$60
8	Cosmetologist license renewal fee	60
9	Delinquent cosmetologist renewal fee	25
10	Cosmetology technician license renewal fee, for two years--not morethan	35
11	Delinquent cosmetology technician renewal fee	25
12	Electrologist license application fee, for two years--not more than	35
13	Electrologist license renewal fee	35
14	Delinquent electrologist renewal fee	25
15	Manicurist license application fee, for two years--not more than	30
16	Manicurist license renewal fee	30
17	Delinquent manicurist renewal fee	25
18	Esthetician license application fee, for two years--not more than	30
19	Esthetician license renewal fee	30
20	Delinquent esthetician renewal fee	25
21	Any apprentice license application fee--not more than	15
22	New school license application fee	150
23	School license renewal fee--not more than	75
24	Delinquent school license fee--not more than	50
25	New cosmetology services salon or electrology clinic license applicationfee--not more than	50
26	Cosmetology services salon or electrology clinic license renewal fee--notmore than	30
27	Delinquent cosmetology services salon or electrology clinic renewalfee	30
28	Cosmetologist's examination--not more than	50
29	Electrologist's examination--not more than	50
30	Manicurist's examination--not more than	50
31	Esthetician examination--not more than	50
32	Instructor's examination--not more than	75
33	Reciprocity application fee--not more than	50
34	Verification of licensure	20
35	Any duplicate of license	25
36	Instructor's license application fee, for two years--not more than	75
37	Renewal of instructor's license fee	50
38	Delinquent instructor's renewal fee--not more than	75
39	Temporary permit fee	15

10

1	Statutes and regulations book	5
2	Student instructor permit	50

  3             (e) Whenever the board determines that the total amount of revenue
  4       derived from the fees collected pursuant to this section is insufficient to
  5       carry out the purposes for which the fees are collected, the board may
  6       amend its rules and regulations to increase the amount of the fee, except
  7       that the amount of the fee for any item shall not exceed the maximum
  8       amount authorized by this subsection. Whenever the amount of fees col-
  9       lected pursuant to this section provides revenue in excess of the amount
10       necessary to carry out the purposes for which such fees are collected, it
11       shall be the duty of the board to decrease the amount of the fee for one
12       or more of the items listed in this subsection by amending the rules and
13       regulations which fix the fees.
14             (f) Any person who failed to obtain a renewal license while in the
15       armed forces of the United States shall be entitled to a renewal license
16       upon filing application and, paying the nonrefundable renewal fee for the
17       current year during which the person has been discharged on and after
18       July 1, 1996 and successfully completing the renewal exam.
19             (g) Any person who was formerly licensed as a cosmetologist, a cos-
20       metology technician, an esthetician, an electrologist or a manicurist and
21       whose license expired on or after July 1, 1996, and was not renewed may
22       obtain reinstatement of the license until July 1, 1999, upon application to
23       the board and upon payment of the applicable delinquent renewal fee.
24             (h) Any person who is currently licensed as a cosmetologist, cosme-
25       tology technician, esthetician, electrologist or manicurist on inactive status
26       shall be deemed licensed on active status. Upon application for renewal
27       of the license as provided in rules and regulations, the person shall be
28       issued a license which does not indicate inactive status. Prior to applica-
29       tion for renewal of the license and upon request to the board, such person
30       may obtain a license which does not indicate inactive status.
31             (i) From and after the effective date of this act, there shall be no
32       continuing education requirement imposed by the board upon any person
33       who was formerly or is currently licensed as a cosmetologist, cosmetology
34       technician, esthetician, electrologist or manicurist as a condition of rein-
35       statement or renewal of the person's license to practice.
36             Sec.  3. K.S.A. 1999 Supp. 65-1904b is hereby amended to read as
37       follows: 65-1904b. (a) Upon application to the Kansas state board of cos-
38       metology on a form provided for application for a cosmetologist, esthe-
39       tician, or electrologist or manicurist license, accompanied by the appli-
40       cation fee, a person practicing as a cosmetologist, esthetician, or
41       electrologist or manicurist under the laws of another state or jurisdiction
42       shall be granted a license entitling the person to practice in this state if:
43             (1) The person is not less than 17 years of age and a graduate of an

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  1       accredited high school, or equivalent thereof;
  2             (2) the person submits to the board verification of date of birth;
  3             (3) the person submits to the board a written statement from a person
  4       licensed to practice medicine and surgery under the laws of any state
  5       showing that the person is free from infectious or contagious disease; and
  6             (4) the person meets at least one of the following criteria:
  7             (A) The person's training and qualifications, including examination
  8       requirements, are equal to the requirements for licensure in this state;
  9       or
10             (B) the person has been licensed in a holds a valid license issued by
11       another state or jurisdiction which has at the time of licensure had sub-
12       stantially the same requirements, including examination requirements, for
13       licensure as currently exists in this state. An applicant, upon furnishing
14       satisfactory proof to the board shall be credited with 100 clock hours of
15       training for each consecutive year of full-time practice immediately pre-
16       ceding the date of the application, up to a maximum of 300 clock hours.
17             (b) The renewal of a license issued pursuant to this section shall be
18       in the manner provided in K.S.A. 65-1904 and amendments thereto.
19             Sec.  4. K.S.A. 1999 Supp. 65-1908 is hereby amended to read as
20       follows: 65-1908. (a) The state board of cosmetology may revoke any
21       license provided for by this act, may censure, limit or condition any license
22       or may refuse to issue, renew or suspend any license or assess a fine, not
23       to exceed $1,000 per violation, for any of the following reasons:
24             (1) Failure to comply with the sanitary requirements prescribed by
25       the secretary of health and environment pursuant to K.S.A. 65-1,148 and
26       amendments thereto;
27             (2) failure to comply with any provision of this act, with the rules and
28       regulations of the board of cosmetology or with any order issued by the
29       board;
30             (3) has become a danger to the public by reason of alcohol or drug
31       abuse;
32             (4) conviction of a felony unless the applicant or licensee is able to
33       demonstrate to the board's satisfaction that such person has been suffi-
34       ciently rehabilitated to warrant the public trust;
35             (5) the obtaining of, or the attempt to obtain, a license by fraudulent
36       misrepresentation or bribery;
37             (6) advertising by means of false or knowingly deceptive matter or
38       statement;
39             (7) failure to display the annual license or inspection report as pro-
40       vided for in this act; or
41             (8) being found guilty of gross negligence or unprofessional conduct
42       as defined by rules and regulations of the board.; or
43             (9) has had a license revoked, suspended or limited, or has had other

12
  1       disciplinary action taken, or an application for a license denied, by the
  2       proper regulatory authority of another state, territory, District of Colum-
  3       bia or another country, a certified copy of the record of the action of the
  4       other jurisdiction being conclusive evidence thereof.
  5             (b) The board may order the remedying of any violations of rules and
  6       regulations of the board or any provision of this act, and the board may
  7       issue a cease and desist order upon board determination that the holder
  8       of a license or any person has violated any order of the board, any rules
  9       and regulations of the board or any provision of this act.
10             (c) Inspectors employed by the board shall have such powers as the
11       board may prescribe by rules and regulations to make inspections, inves-
12       tigations, and inquiries, except that a permanent order for closing any
13       establishment licensed by the board shall be issued only by the board.
14             (d) All proceedings under this section shall be conducted in accord-
15       ance with the provisions of the Kansas administrative procedure act. 
16       Sec.  5. K.S.A. 1999 Supp. 65-1903, 65-1904, 65-1904b and 65-1908
17       are hereby repealed.
18        Sec.  6. This act shall take effect and be in force from and after its
19       publication in the statute book.