TEXT OF LAW:
Chapter 65.--PUBLIC HEALTH
Article 19.--LICENSURE OF ENTITIES BY STATE BOARD OF COSMETOLOGY
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.
(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) "Licensed permanent color technician and tattoo artist" means a person licensed under this act to practice tattooing or permanent color technology, or
both.
(f) "Permanent color technician and tattoo artist" means a person who practices tattooing or permanent color technology, or both pursuant to this act.
(g) "Body piercing" means puncturing the skin of a person by aid of needles or other instruments designed or used to puncture the skin for the purpose of
inserting jewelry or other objects in or through the human body, except puncturing the external part of the human ear shall not be included in this definition.
(h) "Physician" means a person licensed to practice medicine and surgery by the state board of healing arts.
(i) "Tattoo" means the indelible mark, figure or decorative design introduced by insertion of nontoxic dyes or pigments into or under the subcutaneous portion
of the skin upon the body of a live human being.
(j) "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 so as to form indelible marks for cosmetic or figurative purposes.
(k) "Tattoo facility" means any room or space or any part thereof where tattooing is practiced or where the business of tattooing is conducted.
(l) "Body piercing facility" means any room space, or any part thereof, where body piercing is practiced or where the business of body piercing is conducted.
(m) "Permanent color technology" 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 so as to form indelible marks for cosmetic or figurative purposes.
History: L. 1996, ch. 138, § 1; Jan. 1, 1997.
65-1941.
Same; performing tattooing or advertising or purporting to be a technician or artist without license prohibited; performing body piercing or advertising or purporting
to be in such business without license prohibited; exceptions.
No person, including a permanent color technician and tattoo artist, shall perform tattooing, display a sign or in any other way advertise or purport to be a permanent color
technician and tattoo artist unless that person holds a valid license issued by the board. No person shall perform body piercing, display a sign or in any other way advertise
or purport to be in the business of body piercing unless that person holds a valid license issued by the board. This act does not prevent or affect the use of tattooing,
permanent color technology or body piercing by a physician, a person under the control and supervision of a physician, a dentist, a person under the control and
supervision of a dentist, an individual performing tattooing, permanent color technology or body piercing solely on such individual's body or any other person specifically
permitted to use electrolysis or tattooing by law.
History: L. 1996, ch. 138, § 2; Jan. 1, 1997.
65-1942.
Same; prohibited acts involving acquisition, disposition, alteration and
use of licenses or making false statements in application for or renewal of licenses.
No person shall:
(a) Sell, barter or offer to sell or barter a license;
(b) purchase or procure by barter a license with intent to use it as evidence of the person's qualification to practice tattooing or body piercing;
(c) alter materially a license with fraudulent intent;
(d) use or attempt to use as a valid license a license which has been purchased, fraudulently obtained, counterfeited or materially altered; or
(e) willfully make a false, material statement in an application for licensure or for renewal of a license.
History: L. 1996, ch. 138, § 3; Jan. 1, 1997.
65-1943.
Same; application for licensure; fees established by rules and regulations of board; requirements for licensure.
An applicant for licensure shall pay a fee established by rules and regulations adopted by the board and shall show to the satisfaction of the board that the applicant:
(a) Has complied with the provisions of this act and the applicable rules and regulations of the secretary;
(b) is not less than 18 years of age;
(c) has a high school diploma or equivalent education;
(d) has submitted evidence of completion of education or training prescribed and approved by the board as follows:
(1)(A) A training program under the direct supervision of a licensed permanent color technician and tattoo artist in a state approved by the
board, or a person or school in this state designated by the board, if the application is for a permanent color technician and tattoo artist license;
(B) a training program under the direct supervision of a person licensed in a state approved by the board or a person or school in
this state designated by the board if the application is for a license to perform body piercing; and
(2) if the license is applied for under either subpart (A) or (B), has passed an examination approved, administered or recognized by the board.
History: L. 1996, ch. 138, § 4; Jan. 1, 1997.
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 place or places where the person performs or intends to perform
tattooing or body piercing and shall keep the license conspicuously posted in the place of business 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 tattoo facility or a body piercing facility and to advertise permanent tattooing or
body piercing services for which the facility is licensed.
History: L. 1996, ch. 138, § 5; Jan. 1, 1997.
65-1945.
Same; expiration, renewal suspension and reactivation of licenses; continuing education; rules and regulations.
(a) Except as otherwise provided in this section, a license issued under K.S.A. 1998 Supp. 65-1950 expires one year after the date of issue unless renewed
by payment of the required renewal fee. The board may vary the date of license renewal by giving to the applicant written notice of the renewal date being
assigned and by making prorated adjustments in the renewal fee. If payment is transmitted by postal service, the envelope must be postmarked on or before
the expiration of the license. If the license expires, the license may be renewed on payment of a renewal fee and late penalty fee established by the board
under this act.
(b) The board may suspend the license of any person who fails to renew. A suspended license may be reactivated upon the payment of a reactivation fee
established by the board under this act and all past unpaid renewal fees.
(c) A person applying for reactivation shall not be required to take an examination as a condition of reactivation if the reactivation occurs within three years
after the date the license expired.
(d) All permanent color technicians, tattoo artists and persons who are licensed to perform body piercing 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; Jan. 1, 1997.
65-1946.
Same; standards for licensure; rules and regulations; sterilization of instruments and equipment; case history files.
Licensed practicing permanent color technicians and tattoo artists and persons who are licensed to perform body piercing shall meet the following standards and any
others the board may adopt by rules and regulations:
(a) Tattooing and body piercing instruments shall be sterilized in accordance with methods approved by rules and regulations of the board and such rules and
regulations shall be approved by the secretary before adoption or amendment;
(b) practicing permanent color technicians and tattoo artists and persons licensed to perform body piercing 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 five years.
History: L. 1996, ch. 138, § 7; Jan. 1, 1997.
65-1947.
Same; grounds for revocation, suspension, refusal to issue or renew licenses; probation of licensee.
The board may revoke, suspend, refuse to issue a license or
renewal or place on probation any licensee upon proof that a person or licensee:
(a) Has been convicted of a violation under K.S.A. 1998 Supp. 65-1942;
(b) has been convicted in this or any other state of a crime related to the practice of tattooing or body piercing;
(c) has knowingly misrepresented, misstated or failed to disclose personal qualifications or other information necessary to practice tattooing or body piercing
in any communication to the board or the department;
(d) 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;
(e) has knowingly deceived the public by acting in a manner as to mislead clients as to the person's professional status;
(f) has employed directly or indirectly any suspended or unlicensed person to perform any tattooing or body piercing covered by this act;
(g) has permitted another person to use the license;
(h) has practiced tattooing or body piercing under a false, misleading or deceptive name;
(i) has failed, if a licensed permanent color technician and tattoo artist or if licensed to perform body piercing, to maintain a business address and telephone
number at which the licensee may be reached during business hours;
(j) has failed, if a nonpracticing permanent color technician and tattoo artist or a person licensed to perform body piercing, to provide the board with a home
address and telephone number;
(k) has failed to properly and reasonably accept responsibility for the actions of employees;
(l) has practiced tattooing or body piercing with a mental or physical illness that affects ability to perform or endangers the public;
(m) has demonstrated gross incompetence in performing tattooing or body piercing; or
(n) 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; Jan. 1, 1997.
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 or body piercing;
(d) to rent facilities when necessary to carry out the examination of applicants for licensure;
(e) to renew licenses;
(f) to suspend or revoke licenses or place licensees on probation in the manner provided by this act;
(g) to appoint representatives to conduct or supervise the examination of applicants for licensure;
(h) to designate the time and place for examining applicants for licensure;
(i) to carry out, together with the department or separately, the periodic inspection of facilities of persons who are licensed to practice tattooing or body
piercing;
(j) to issue a tattoo facility license to qualified applicants upon compliance with this act;
(k) to issue a body piercing facility license to qualified applicants upon compliance with this act; and
(l) to appoint or employ subordinate employees.
History: L. 1996, ch. 138, § 9; Jan. 1, 1997.
65-1949.
Same; education and training standards prescribed for practice, rules and regulations; inspection requiring demonstration of safety, sanitation and sterilization
techniques and knowledge of infection control practices and requirements.
(a) The board shall adopt rules and regulations to prescribe education and training standards for the practice of tattooing and separate education and training
standards for the licensure of body piercing.
(b) An applicant seeking licensure as a permanent color technician and tattoo artist or to be licensed to perform body piercing shall be required to
demonstrate safety, sanitation and sterilization techniques by means of an inspection conducted by the board to test the applicant's knowledge of infection
control practices and requirements.
History: L. 1996, ch. 138, § 10; Jan. 1, 1997.
65-1950.
Same; licensure; fees, assessed by rules and regulations; qualifications; persons employed prior to effective date of act, examination.
(a) The board shall assess, by rules and regulations adopted by the board, the following fees and any other fees necessary to carry out the provisions of this
act:
(1) Application fee;
(2) examination fees;
(3) reexamination fees;
(4) reciprocity fee;
(5) license fee;
(6) license renewal fee, active and inactive;
(7) late fee;
(8) reactivation fee;
(9) duplicate license fee;
(10) demonstration permit;
(11) tattoo facility fee and renewal fee, active or inactive; and
(12) body piercing facility fee renewal fee.
(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 fee established by the board under this section. Except as provided in K.S.A. 1998 Supp. 65-1945, the board shall issue to the
applicant a license that expires one year after the date of issuance.
(c) An applicant who is employed as a permanent color technician and tattoo artist on the day immediately preceding the effective [date] of this act shall be
licensed by the board, even though the applicant does not meet the training requirements of this act, so long as the applicant successfully passes an
examination required by the board.
(d) 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; Jan. 1, 1997.
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 at least
monthly. Upon receipt of any such remittance the state treasurer shall deposit the entire amount thereof in the state treasury. Twenty 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; Jan. 1, 1997.
65-1952.
Same; penalties.
Violation of K.S.A. 1998 Supp. 65-1942 is a class A misdemeanor.
History: L. 1996, ch. 138, § 13; Jan. 1, 1997.
65-1953.
Same; performance of body piercing or tattooing on persons under 18, written and notarized consent; penalties.
No person shall perform body piercing 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 or tattooing procedure. The written permission and a copy of the
letters of guardianship when such permission is given is granted by a guardian, shall be retained by the person administering such body piercing or tattooing for a period of
five years. Violation of this section is a class C misdemeanor.
History: L. 1996, ch. 138, § 14; Jan. 1, 1997.
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