Kansas Administrative Code

Failure of examination. An appli- cant who fails the written or demonstration and oral examination may re-take that examination upon payment of the examination fee. If the ap- plicant retakes the examination within six months of the original date of application a doctor’s state- …

(Authorized by K.S.A. 65-1903; effec- tive Jan. 1, 1973; revoked May 1, 1981.)

(Authorized by K.S.A. 65-1902, 65- 1903;effectiveJan.1,1973;revokedMay1,1981.)

(Authorized by and implementing K.S.A. 65-1904, as amended by L. 1995, Ch. 248, Sec. 1; 65-1905, 65-1912, as amended by L. 1995, Ch. 120,Sec.6;effectiveJan.1,1966;amended,E-70- 24, July 1, 1970; amended Jan. 1, 1971; amended May 1, 1981; amended May 1, 1982; amended May 1, 1984; …

Expiration dates for practitioner licenses. Each cosmetologist license, esthetician license, electrologist license, and manicurist li- cense shall expire two years from the last day of the month in which the license was issued. (Authorized byK.S.A.2012Supp.65-1904andK.S.A.74-2702…

Definitions. (a) “FDA” means the United States food and drug administration. (b) “Consumer” means any member of the public who is provided access to a tanning facility in exchange for a fee or other compensation, or any individual who, in exchange for a fee or other compensation,…

Exposure schedule. (a) The rec- ommended exposure schedule for each tanning device shall be displayed in a conspicuous place near the device. (b) The tanning device operator shall ensure that consumers do not exceed the tan time indi- cated by the manufacturer. (Authorized by K.S…

Timer. Each tanning device shall have a timer which complies with the require- mentsof21CFRPart1040,Section1040.20(c)(2) as in effect on September 6, 1985. The maximum timer interval shall not exceed the manufacturer’s maximum recommended exposure time. No tim- er interval shall …

Control device. Each tanning device shall have a control that allows the consum- er to turn off the device at any time. (Authorized by and implementing K.S.A. 65-1925; effective Dec. 13, 1993.)

(Authorized by K.S.A. 65-1925 and implementing 65-1924; effective Dec. 13, 1993; revoked Oct. 5, 2007.)

Protective barriers. There shall be physical barriers to protect consumers from in- jury induced by touching or breaking the lamps. (Authorized by and implementing K.S.A. 65- 1925; effective Dec. 13, 1993.)

Stand-up booths. (a) For stand- up booths, there shall be physical barriers or other means such as handrails or floor markings to indi- cate the proper exposure distance between ultra- violet lamps and the consumer’s skin. 905 Inspections 69-13-3 (b) The construction of each boot…

Lamps. (a) Each tanning facility shall use only tanning devices manufactured in accordance with the specifications set forth in 21 CFR Part 1040, Section 1040.20, as in effect on September 6, 1985, “Sunlamp products and ultraviolet lamps intended for use in sunlamp products.” (b)…

Enforcement.(a)Atanningfacil- ity operator shall be responsible for implementing and maintaining the tanning facility and tanning device in compliance with all applicable regula- tions and statutes both individually and jointly with all tanning device operators employed by or wor…

Access to tanning devices. Each tanning facility operator shall verify that each con- sumer accessing any tanning device in the tanning facility is at least 18 years of age. Verification shall be obtained by viewing a current state or U.S. government-issued photo identification t…

Licenses. (a) Prior to operating a tanning facility, a person shall make application, on forms provided by the board, to the Kansas state board of cosmetology for a tanning facility license. The application shall be accompanied by the applicable tanning facility license fee. (b) …

Expiration of licenses; renew- als; reinstatements. (a) Each tanning facility li- cense shall expire one year from the last day of the month of its issuance unless renewed by payment of the annual renewal fee. (1) Each application for renewal of a tanning fa- cility license shall…

Licenses on closed facilities returned to board. When a tanning facility is permanently closed, the tanning facility operator 904 BOARD OF COSMETOLOGY 69-12-5 shall immediately mail the tanning facility license to the Kansas state board of cosmetology. (Autho- rized by K.S.A. 65-…

Fees. The following fees shall be charged: New tanning facility license fee......................$100.00 Annual renewal fee............................................$75.00 Delinquent renewal fee..................................$100.00 Reinstatement fee.........................…

(Authorized by and implementing K.S.A. 65-1925; effective Dec. 13, 1993; revoked Oct. 5, 2007.)

Tanning device operators. (a) A tanning device operator shall be present when a tanning device is operated. (b) A tanning facility operator shall maintain verification of training for each tanning device operator. Training shall include knowledge in the following areas: (1) the r…

Warnings. (a) The tanning facility operator shall post warning signs as specified in subsections (a) and (b) of K.S.A. 65-1922. (b) The tanning facility operator shall have available for inspection, written warning state- ments that are in compliance with K.S.A. 65- 1921. The tan…

Report of injuries. (a) The tan- ning facility operator shall forward to the board of cosmetology, a written report of any injury, within five working days of its occurrence or knowledge thereof. The report shall include: (1) the name of the affected individual; (2) the name and …

Definitions. (a) “Board” means the Kansas state board of cosmetology. (b) “Act” means Article 19 of Chapter 65 of the “Kansas Statutes Annotated,” entitled “Examina- tion and Registration of Cosmetologists and Beau- ty Shops.” (c) “Establishment” means any place where cosmetology…

Inspections of establishments. (a) Each establishment shall be subject to routine inspections, by the board or designated agents or employees of the board, to determine compliance with the act and all sanitary rules and regulations, at least once every two years. (b) An establish…

Inspection generated by a com- plaint. (a) Each establishment shall be subject to inspection by the board or its designee, to investi- gate a specific complaint filed with the board, for violation of sanitary rules and regulations or other violations of the act. 906 BOARD OF COSM…

Refusal to allow inspection. Re- fusal to allow, or interference with, any inspec- tion by the board or its designees shall constitute a cause for disciplinary action. (Authorized by K.S.A. 74-2702a; implementing K.S.A. 65-1907; effective Nov. 9, 2012.) EDUCATION FOR COSMETOLOGIS…

Definitions. (a) “Approval” means the act of determining that an application to be a cosmetology continuing education provider meets applicable standards based on review of the total program proposed by the applying provider. (b) “Approved provider” means a person, or- ganization…

License renewal. (a) Each indi- vidual renewing an active license shall register with the board’s designee and pay to the designee the fee required in K.A.R. 69-14-5. (b)(1) Each licensee shall complete the re- quired 20 contact hours of approved CCE during the 2 years ending on …

Approval of cosmetology con- tinuing education. (a) Offerings of approved providers shall be recognized by the board. (b) At least 60 days before the next regularly scheduled board meeting, a CCE provider appli- cantshallsubmitanapplication,onformssupplied by the board and accomp…

Dual licensees. A dual licensee shall earn at least 20 contact hours per renewal pe- 908 BOARD OF COSMETOLOGY 69-14-5 riod.Ifthelicenseeislicensedasaninstructor,then the contact hours shall be related to the teaching of the practice of cosmetology, manicuring, esthetics, or elect…

Fees. The following fees shall be paid by the individual or organization to whom applicable: (a) CCE program application (provider approval)...........................$25.00; (b) CCE program approval fee (annual)........................................25.00; and (c) CCE annual re…

Definitions. Each of the following terms, as used in this article, shall have the mean- ing specified in this regulation: (a) “Antiseptic” means a chemical germicide used on skin and tissue to stop or inhibit the growth of bacteria. (b) “Clean” means washed with soap or deter- ge…

Display of license and inspec- tion certificate. (a) The practitioner shall post in public view in the lobby or waiting area of the place of business the current practitioner and fa- cility license and a copy of the latest inspection certificate. (b) A licensee shall not post a r…

Inspections generated by a complaint. (a) Each establishment shall be sub- ject to inspection by the board or its designee, in order to investigate a specific complaint filed with the board, or to investigate any suspected viola- tion of sanitary rules and regulations or other vi…

Continuing education for li- cense renewal. Each licensed cosmetic tattoo artist, tattoo artist, and body piercer shall partici- 913 Tattooing, Body Piercing, and Permanent Cosmetics 69-15-14 pate in continuing education according to the fol- lowing requirements: (a) Each individ…

Reporting continuing educa- tion. (a) Each tattoo licensee, cosmetic tattoo licensee, and body piercing licensee shall submit to the board the renewal application, renewal fee, and proof of five clock-hours of the required continuing education as a condition of renewal biennially…

Cosmetic tattoo, tattoo, and body piercing establishment licensing and renewal. (a) Each applicant for an establishment license shall meet the following requirements be- fore opening the establishment for business: (1) Apply on a form approved by the board and pay the nonrefundab…

Cosmetic tattoo artist, tattoo artist, and body piercer practice standards; restrictions. (a) Cosmetic tattoo artists, tattoo artists, and body piercers shall not practice at any location other than a licensed establishment. (b) Each licensee shall keep an individual record of ea…

Facility standards. All facilities shall meet the following criteria. (a)Allareasshallbekeptcleanandingoodrepair. (b) All surfaces, including counters, tables, equipment, client chairs, or recliners, that are in 915 Tattooing, Body Piercing, and Permanent Cosmetics 69-15-17 treat…

Required equipment. (a) Each cosmetic tattoo artist or tattoo artist shall maintain the following equipment at the establishment: (1) A tattoo machine or hand pieces of nonpo- rous material that can be sanitized; (2) stainless steel or carbon needles and needle bars; (3) stainles…

Cleaning methods prior to sterilization. (a) Each practitioner shall clean all nonelectrical instruments prior to sterilizing by brushing or swabbing to remove foreign material or debris, rinsing, and then performing either of the following steps: (1) Immersing them in detergent …

Instrument sterilization stan- dards. (a) The practitioner shall place cleaned instruments used in the practice of tattooing or piercing in sterile bags, with color strip indicators, and shall sterilize the instruments by exposure to one cycle of an approved sterilizer, in accord…

Approved course of study. (a) (1) To be approved by the board, a permanent color technician or tattoo artist training program shall include at least 600 hours of theory and practical experience that include 50 completed procedures, if completed in an approved school, or 1200 hour…

Approved sterilization modes. (a) Instruments used in the practice of permanent color, tattoo artist services, or body piercing shall be sterilized, using one of the following methods: (1) In a steam or chemical autoclave sterilizer, registered and listed with the federal food an…

Handwashing and protective gloves. (a) Prior to and immediately following ad- ministering services to a client, all licensees and individuals being trained by licensed permanent color technicians, tattoo artists, and body piercing technicians shall thoroughly wash their hands and…

Linens. (a) Each practitioner shall use clean linens for each client. (b) A common towel shall be prohibited. (c) Air blowers may be substituted for hand towels. (d) Each practitioner shall store clean linens, tis- sues, or single-use paper products in a clean, en- closedstoragea…

Clean instruments and prod- ucts storage. (a) Before use, disposable products that come in contact with the areas to be treat- ed shall be stored in clean containers that can be closed between treatments. (b) Clean, sterilized reusable instruments that come in contact with the ar…

Chemical storage. Each prac- titioner shall store chemicals in labeled, closed containers in an enclosed storage area. All bottles containing poisonous or caustic substances shall be additionally and distinctly marked as such and shall be stored in an area not open to the public.…

Handling disposable materials. (a) Each practitioner shall dispose of disposable materials coming into contact with blood, body fluids, or both, in a sealable plastic bag that is sep- arate from sealable trash or garbage liners or in a manner that protects not only the licensee a…