65-1902. Prohibited acts; exclusions from act; license as cosmetology technician; penalties for violations. - Kansas Statutes

65-1902

Chapter 65.--PUBLIC HEALTH Article 19.--LICENSURE OF ENTITIES BY STATE BOARD OF COSMETOLOGY

      65-1902.   Prohibited acts; exclusions from act;license as cosmetologytechnician; penalties for violations.(a) Except as providedin subsection (b), no person shall:

      (1)   Engage in practiceof cosmetology, esthetics, nail technology or electrologyunless the personholdsa valid license, issued by the board, to engagein that practice;

      (2)   engage inthe practice of tattooing, cosmetic tattooing or body piercing unless theperson holds a valid license, issued by the board, to engage in suchpractice;

      (3)   teach cosmetology in a licensed school unless the personholds a valid cosmetology instructor's license issued by theboard;

      (4)   conduct a school for teaching nailtechnology unlessthe person holds avalid license, issued by the board, to conduct the school;

      (5)   teach nail technology in a licensedschool unless theperson holds a valid cosmetology or manicuring instructor'slicense issued by the board;

      (6)   conduct a school for teaching electrology unless the personholdsa valid license, issued by the board, to conduct the school;

      (7)   teach electrology in a licensed school or clinic unless thepersonholds a valid electrology instructor's license issued by theboard;

      (8)   conduct a school for teaching esthetics unless the person holds avalid license, issued by the board, to conduct the school;

      (9)   teach esthetics in a licensed school unless the person holds a validcosmetology or esthetics instructor's license issued by the board;

      (10)   own or operate a school, salon or clinic where cosmetology, esthetics,nailtechnology or electrology is taught or practiced unless the person holds avalid school, salon orclinic license issued by the board;

      (11)   teach or practice cosmetology, esthetics, nail technology orelectrology in aschool, salon or clinic unless the owner or operator of the school, salon orclinic holds avalid school, salon or clinic license issued by the board; or

      (12)   provide a service constituting the practice of cosmetology, nailtechnology, esthetics or electrology by use of a medical device registered withthe federal food and drug administration, or as defined in federal or state lawwhich may be distributed only upon the order of a physician. This actdoes not prohibit a board of cosmetology licensee from providing services usinga medical device upon the order and under the supervision of aphysician and in a location maintained by the physician.

      (b)   The provisions of this act shall not apply to:

      (1)   Any person licensed as a barber or apprentice barber;

      (2)   any person licensed to practice medicine and surgery, chiropractic,optometry, nursingor dentistry, while engaged in that practice;

      (3)   any person who is a licensed physical therapistor certifiedphysical therapist assistant while engaged in that practice; or

      (4)   any teacher while engaged in instructing elementary or secondary schoolstudents in the proper care of their own persons.

      (c)   A person holding a license as a cosmetology technician on the dayimmediately preceding the effective date of this act shall continue to be alicensed cosmetology technician and perform the functions of a cosmetologytechnician, as such term was defined immediately prior to the effective date ofthis act, and may renew such license subject to the payment of fees and otherconditions and limitations on the renewal of licenses under article 19 ofchapter 65 of the Kansas Statutes Annotated and acts amendatory of theprovisions thereof.

      (d)   If the board determines that an individual has violated subsection(a), in addition to any other penalties imposed by law, the board, inaccordance with the Kansas administrative procedure act, may issue a cease anddesist order against such individual or may assess such individual a fine ofnot to exceed $1,500, or may issue such order and assess such fine. Indetermining the amount of fine to be assessed, the board may consider thefollowing factors: (1) Willfulness of the violation, (2) repetitions of theviolation and (3) risk of harm to the public caused by the violation.

      (e)   A violation of subsection (a) of this section is a class Cmisdemeanor.

      History:   L. 1927, ch. 245, § 2; L. 1943, ch. 222, § 2;L. 1949,ch. 334, § 1; L. 1963, ch. 316, § 1; L. 1963, ch. 317, §1; L.1970, ch. 256, § 1; L.1972, ch. 232, § 1; L. 1975, ch. 322, § 2; L. 1983, ch. 212,§2; L. 1984, ch. 231, § 2;L. 1987, ch. 238, § 2;L. 1992, ch. 108, § 2;L. 1995, ch. 120, § 2;L. 1998, ch. 160, § 2;L. 2002, ch. 187, § 2;L. 2003, ch. 128, § 23;L. 2008, ch. 108, § 2; July 1.