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.

      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. 2000 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.

      65-1941.   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.

      65-1953.   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.

      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.

      65-1946.   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.

      65-1944.   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.

      65-1950.   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. 2000 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.

      65-1949.   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.

      65-1943.   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; or

      (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.

BILL NUMBER: H2529

 Year of Introduction:  1999

Description:
      An act concerning the state board of cosmetology; persons and practices
      regulated by the board; permanent color technology, tattooing and body
      piercing; amending K.S.A. 1998 Supp. 65-1940, 65-1941, 65-1942, 65-
      1943, 65-1944, 65-1945, 65-1946, 65-1947, 65-1948, 65-1949, 65-1950
      and 65-1954 and repealing the existing sections; also repealing K.S.A.
      1998 Supp. 65-1952.

Author(s):  State Legislature. Federal and State Affairs, Committee on 

Subjects:  

  Cosmetologists
      Board of cosmetology, regulation of permanent color technology,
      tattooing and body piercing (Amended H. Comm. Further stipulates
      regulations, prohibitions, strict licensing, training programs, license
      renewal and fees outlined, also terms of revoking licenses, unlicensed
      persons to be investigated)

  Cosmetology, Kansas State Board of 
      Regulation of permanent color technology, tattooing and body piercing
      (Amended H. Comm. Further stipulates regulations, prohibitions, strict
      licensing training programs, license renewal and fees outlined, also
      terms of revoking licenses, unlicensed persons to be investigated)

  Beauty Shops
      Board of cosmetology, regulation of permanent color technology,
      tattooing and body piercing (Amended H. Comm. Further stipulates
      regulations, prohibitions, strict licensing, training programs, license
      renewal and fees outlined, also terms of revoking licenses, unlicensed
      persons to be investigated)

  Body Piercing
      Board of cosmetology, regulation of permanent color technology,
      tattooing and body piercing (Amended H. Comm. Further stipulates
      regulations, prohibitions, strict licensing, training programs, license
      renewal and fees outlined, also terms of revoking licenses, unlicensed
      persons to be investigated)

  Tattoos
      Board of cosmetology, regulation of permanent color technology,
      tattooing and body piercing (Amended H. Comm. Further stipulates
      regulations, prohibitions, strict licensing, training programs, license
      renewal and fees outlined, also terms of revoking licenses, unlicensed
      persons to be investigated)

  Tattoo Artists
      Board of cosmetology, regulation of permanent color technology,
      tattooing and body piercing (Amended H. Comm. Further stipulates
      regulations, prohibitions, strict licensing, training programs, license
      renewal and fees outlined, also terms of revoking licenses, unlicensed
      persons to be investigated)

  Dental Board, Kansas
      Relating to board of cosmetology, regulation of permanent color
      technology, tattooing and body piercing (Amended H. Comm. Further
      stipulates regulations, prohibitions, strict licensing, training
      programs, license renewal and fees outlined, also terms of revoking
      licenses, unlicensed persons to be investigated)

  Licenses
      Board of cosmetology, regulation of permanent color technology,
      tattooing and body piercing (Amended H. Comm. Further stipulates
      regulations, prohibitions, strict licensing, training programs, license
      renewal and fees outlined, also terms of revoking licenses, unlicensed
      persons to be investigated)

  Physicans and Surgeons
      Relating to board of cosmetology, regulation of permanent color
      technology, tattooing and body piercing (Amended H. Comm. Further 
      stipulates regulations, prohibitions, strict licensing, training
      programs, license renewal and fees outlined, also terms of revoking
      licenses, unlicensed persons to be investigated)

 Permanent Color Technician
     Board of cosmetology, regulation of permanent color technology,
      tattooing and body piercing (Amended H. Comm. Further stipulates
      regulations, prohibitions, strict licensing, training programs, license
      renewal and fees outlined, also terms of revoking licenses, unlicensed
      persons to be investigated)

 Technical Education
     Board of cosmetology, regulation of permanent color technology,
      tattooing and body piercing (Amended H. Comm. Further stipulates
      regulations, prohibitions, strict licensing, training programs, license
      renewal and fees outlined, also terms of revoking licenses, unlicensed
      persons to be investigated)

 State Finance (Tattoo Artist and Body Piercing Fee Fund)
     Board of cosmetology, regulation of permanent color technology,
      tattooing and body piercing (Amended H. Comm. Further stipulates
      regulations, prohibitions, strict licensing, training programs, license
      renewal and fees outlined, also terms of revoking licenses, unlicensed
      persons to be investigated)

 Permanent Color Technology
     Board of cosmetology, regulation of permanent color technology,
      tatooing and body piercing (Amended H. Comm. Further stipulates
      regulations, prohibitions, strict licensing, training programs, license
      renewal and fees outlined, also terms of revoking licenses, unlicensed
      persons to be investigated)

 State Finance (Cosmetology Fee Fund)
     Board of cosmetology, regulation of permanent color technology,
      tatooing and body piercing (Amended H. Comm. Further stipulates
      regulations, prohibitions, strict licensing, training programs, license
      renewal and fees outlined, also terms of revoking licenses, unlicensed
      persons to be investigated)