Brief ⁽¹⁾

As amended by Senate Committee, HB 2275 transfers the responsibilities of the State Board of Cosmetology to the Secretary of Health and Environment; abolishes the existing Board of Cosmetology and creates an Advisory Board on Cosmetology to advise the Secretary; and amends the acts that are administered currently by the Board of Cosmetology to reflect the transfer of administrative responsibility. The bill makes no policy changes in the act that concerns the licensing and regulation of the practices of cosmetology, nail technology, esthetics, and electrology and the schools that teach such practices. Amendments to such act reflect only the transfer of responsibility for administration of the act and the deletion of outdated references. The Senate amendments to the act that concern the licensing and regulation of tanning facilities make no policy changes other than the transfer of administrative responsibility. Amendments to the act that concern the licensing and regulation of persons who engage in tattooing, body piercing, or color technology not only reflect the change in administrative responsibility, but also policy changes as noted below.

Sections 1 through 17 of HB 2275 concern only persons licensed to practice tattooing, body piercing, and permanent color technology and make the following policy changes in the laws governing such practices.

• •The definition of body piercing is changed to limit the puncturing of the skin for the purpose of inserting only removable jewelry or other objects. The bill further limits the practice by adding language that states the law is not to be construed to authorize a licensed body piercer to implant or embed foreign objects into the human body or otherwise engage in the practice of medicine and surgery.
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• •For the purposes of body piercing, permanent color technology, and tattooing, the term "facility" is defined to include a place where any of the body arts is practiced.
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• •The law is amended to make it a violation of the act to operate a place in which any of the three regulated occupations is practiced unless the operator of such place has a facility license.
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• •A new violation of the act is created by adding the knowing employment of an unlicensed person to engage in body piercing, tattooing, or permanent color technology.
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• •Amendments make it a class A nonperson misdemeanor to engage in any of the above activities; authorize the Secretary to bring an action to enjoin any person from practicing color technology, tattooing, or body piercing or operating a facility without having a valid license; authorize the Secretary to order the remedy of any violation of rules and regulations; and authorize the Secretary to issue cease and desist orders on determining a licensee has violated an order, any rules and regulations, or any provision of the act that concerns body piercing, permanent color technology, and tattooing.
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• •A new criminal penalty applicable to acts set out in KSA 65-1942 is created by HB 2275. Commission of the acts prohibited by the statute would constitute a class A nonperson misdemeanor.
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• •A new statute created by the bill establishes a new license category, i.e., a trainer license and, for the first time, requires that any person who teaches or trains others to tattoo, body pierce, or practice permanent color technology have a trainer's license.
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• •New requirements for an apprentice license are established. The new license is required for anyone who desires to practice one of the regulated occupations while completing a training program.
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• •A new provision would allow Kansas licensing of persons licensed in another jurisdiction who meet the conditions set out in the bill.
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• •The bill requires that mobile facilities be licensed by the Secretary; that all places for which a facility license is requested be inspected prior to licensure; and provides for reinspection of facilities in accordance with a schedule determined by rules and regulations.
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• •A new provision of law created by HB 2275 allows an expired license to be renewed within six months of the expiration date on payment of a renewal fee and a delinquent renewal fee.
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• •A new provision of law would authorize a temporary license for persons who desire to engage in one of the regulated occupations for no more than 15 continuous days as well as a temporary facility license.
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• •The time client records must be retained is changed from five to three years.
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• •New fees are authorized for apprentice, temporary, facility, and trainer's licenses and for application and renewal fees for trainer's licenses.
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• •New language allows the assessment of investigation and hearing costs against unlicensed persons in proceedings in which the Secretary is the successful party.

• •The Secretary is allowed to limit or condition a license or license renewal and to censure a licensee. New grounds for which an action may be brought against a licensee to deny, revoke, or suspend a license are created.
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• •The criminal penalty for performing body piercing or tattooing on persons under 18 years of age without the prior written and notarized consent of a parent or court-appointed guardian is increased from a class C to a class A misdemeanor.
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HB 2275 creates a new seven-member Advisory Board on Cosmetology. Members are to be appointed by the Governor in accordance with the provisions set out in the bill. Appointments are to be for three-year, staggered terms. The Advisory Council is to advise the Secretary of Health and Environment on the administration of Article 19 of Chapter 65 (the acts that relate to cosmetology, tanning salons, and body piercing, tattooing and permanent color technology).

The Secretary of Health and Environment is given authority to contract for carrying out inspections and other responsibilities under the acts amended by HB 2275.

Background

HB 2275 was requested by the Board of Cosmetology whose representative explained the bill was intended to make technical and cleanup changes in the laws governing the practices of tattooing, permanent color technology, and body piercing as well as making other changes the Board considered necessary based on four years of experience with the regulation of such occupations.

Under the amendments proposed by the Senate Committee the activities of the Secretary of Health and Environment relating to the administration of Article 19 of Chapter 65 would continue to be funded by fees.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/fulltext.cgi