KANSAS STATUTES AND CODES

65-1903. Schools; licensure and fees; courses of instruction; instructor's license; instructor-in-training permit.

65-1903

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

65-1903. Schools; licensure and fees; courses ofinstruction; instructor'slicense; instructor-in-training permit.(a) Licensed schools may be established and maintained in this state wherethe profession of cosmetology may be taught or acquired, under thefollowing conditions and regulations:

(1) (A) Any person may apply to the board for a license forconducting a schoolfor the teaching ofthe profession of cosmetology.

(B) The license shallbe granted by the board upon proper andsufficient showing of competency of the applicant andassurance of compliance by the applicant with the requirements ofthis act, all reasonable rules and regulations adopted by theboard for the proper conduct of the school and all applicable sanitationstandards adopted by the secretary of health and environment pursuant toK.S.A. 65-1,148, and amendments thereto.

(C) Prior toissuanceof the license, the applicant shall pay to the board the nonrefundablelicenseapplication fee established under K.S.A. 65-1904, and amendmentsthereto.

(D) School licenses shall be renewed before July 1 ofeach year by submitting an application and payment of the nonrefundablelicense renewal feeestablished under K.S.A. 65-1904, and amendments thereto.

(E) Any license may be renewed by the applicant within 30 days afterthe expiration date of the lastlicense upon payment of a delinquent renewal fee.

(F) No license feeshall be required ofschools operating under the state board of regents or any tax-supportedschool.

(G) Nothing in this act shall prohibit any person who is a licensedelectrologist,while acting as owner and manager of the person's clinic orestablishment,from teaching electrologyin the regularcourse of the person's business, but at no time shall any clinicorestablishment have more than one apprentice or chargetuition for its teaching services.

(2) (A) Each school licensed under this subsection (a) shallremain under theconstant supervision of the board.

(B) Before July 1, 2009, each licensed school atall times shall employ and maintain a sufficient number of instructors,duly licensed in the practices they teach, to provide at least one instructorfor every 25 students. On and after July 1, 2009,each licensed school at all times shall employ and maintain a sufficient numberof instructors, duly licensed in the practices they teach, to provide at leastone instructor for every 25 studentson the floor where the consumer services are provided in addition to oneinstructor for every 25 studentsin the instructional classroom.

(D) (1) Eachlicensed school shallprovide acourse ofinstruction and practice in preparation for the profession ofcosmetology.

(2) The course of instruction and practice shallrequire not less than 1,500 clock hours, or a licensed school may elect tobase the course of instruction and practice on credit hours.

(3) The formula forconversion from clock hour to credit hour shall be provided by a recognizedaccrediting body which is approved by the United Statesdepartment of education for the accreditation of schools of cosmetology and thelicensed school applying the credit hour conversion must be accredited throughthe accrediting body providing the conversion formula.

(4) The formula forconversion from clock hour to credit hour shall be subject to review by theboard.

(5) Each course of instruction and practice shall include those coreareasof education as determined and defined by the board.

(6) Each licensed school ofcosmetology shall cover a period of not less than nine nor more than 12 monthsof training for full-time students.

(E) (1) In addition, the school may provide acourse of instruction and practice in preparation for the profession of nailtechnology.

(2) The course of instruction and practice shall require not less than350 clock hours, or a licensed school may elect to base the course ofinstruction and practice on credit hours.

(3) The formula for conversion from clockhour to credit hour shall be provided by a recognized accrediting body which isapproved by the United States department of education for the accreditation ofschools of cosmetology and the licensed school applying the credit hourconversion must be accredited through the accrediting body providing theconversion formula.

(4) The formula for conversion from clockhour to credit hour shall be subject to review by the board.

(5) Each course ofinstruction and practice shall include those core areas of education asdetermined and defined by the board.

(F) (1) Each licensed school of cosmetology mayprovide instruction and practice in the profession of esthetics.

(2) Before July 1, 2009, the course of instruction and practiceshall requirenotless than 650 clock hours, or a licensed school may elect to base the course ofinstruction and practice on credit hours. On and after July 1, 2009,the course ofinstruction and practice shall require not less than 1,000clock hours, or alicensed school may elect to base the course of instruction and practice oncredit hours.

(3) The formula for conversion from clock hour to credit hour shallbe provided by a recognized accrediting body which is approved by the UnitedStates department of education for the accreditation of schools of cosmetologyand the licensed school applying the credit hour conversion must be accreditedthrough the accrediting body providing the conversion formula.

(4) The formula forconversion from clock hour to credit hour shall be subject to review by theboard.

(5) Each course of instruction and practice shall include those coreareasof education as determined by the board.

(6) (i) Such course of training shallinclude the practices ofcosmetology for all major ethnic groups residing in the state, andthe board shall require by rules andregulations that each school shall provide instruction for part-time studentswho areunable to attend a full schedule of classes each week because ofpart-time employment; enrollment in an accredited public orprivate school of secondary education by a student who is pursuing acourse of study leading to a diploma from such school;enrollment in a cooperative industrial training program, approved by thedivision of vocational education of the state department of education,by a student who is working toward an occupational objective; or the principlesor tenets of the student's religion preventingfull-time attendance.

(ii) Instruction of a part-time student shall be completedby the student within 18 months after the student'senrollment in the school.

(b) Any person who teaches theprofession of cosmetology in a licensedschool of cosmetology shall be required toobtain a cosmetology instructor's license from the board. To qualify for acosmetologyinstructor's license, theapplicant must: (1) Be licensed as a cosmetologist under thisact; (2)either (A) havepracticed as a cosmetologist for oneyear prior to licensure and successfully completed 300hours ofinstructor training or (B) have successfully completed 450 hours ofinstructor training; (3) passacosmetology instructorexam, administered by the board or the board's designee; and (4)pay thenonrefundable instructor license application fee established byK.S.A. 65-1904, and amendments thereto. A cosmetology instructor licenseshallbe renewed every two years by furnishing satisfactory evidence thattheapplicant, except the first renewal period following licensure forapplicants not holding a cosmetology instructor license on the effective dateof this act, has completed 20 clock hours of continuingeducationapproved by the board in the practice of cosmetology and teachingskills and methods, and bypaying the nonrefundable license renewal fee established by K.S.A.65-1904,and amendments thereto.

(c) Licensed schools may be established and maintained in this state wherenail technology may be taught or acquired, under thefollowing conditions and regulations:

(1) (A) Any person may apply to the board for a license forconducting a schoolfor the teaching of nail technology.

(C) Prior toissuanceof the license, the applicant shall pay to the board the nonrefundablelicenseapplication fee established under K.S.A. 65-1904, and amendmentsthereto.

(E) Any licensemay berenewed by the applicant within 30 days after the expiration date of the lastlicense upon payment of a delinquent renewal fee.

(F) No license feeshall be required ofschools operating under the state board of regents or any tax-supportedschool.

(2) (A) Each school licensed under this subsection (c) shallremain under theconstant supervision of the board.

(C) Not morethan one instructor in training shall countas an instructor toward the required ratio of instructors to students.

(D) Each licensed school shall provide a course ofinstruction and practice in preparation for the profession ofmanicurist.

(E) The course of instruction and practice shall require not less than350 clockhours, or a licensed school may elect to base the course of instruction andpractice on credit hours.

(F) The formula for conversion from clock hour to credithour shall be provided by a recognized accrediting body which is approved bythe United States department of education for the accreditation of schools ofcosmetology and the licensed school applying the credit hour conversion must beaccredited through the accrediting body providing the conversion formula.

(G) The formula for conversion from clock hour to credit hour shall besubject toreviewby the board.

(H) Each course of instruction and practice shall include those coreareas of education as determined and defined by the board.

(3) (A) The board shall require by rules andregulations that each school shall provide instruction for part-time studentswho areunable to attend a full schedule of classes each week because ofpart-time employment; enrollment in an accredited public orprivate school of secondary education by a student who is pursuing acourse of study leading to a diploma from such school;enrollment in a cooperative industrial training program, approved by thedivision of vocational education of the state department of education,by a student who is working toward an occupational objective; or the principlesor tenets of the student's religion preventingfull-time attendance.

(B) Instruction of all studentsshall be completedby the student within six months after the student'senrollment in the school.

(d) Any person who teaches nail technology in a licensedschool of cosmetology or nail technology shall be requiredtoobtain a manicuring instructor's license from the board, unless the personholds a valid cosmetologyinstructor's license issued under subsection (b). To qualify fora manicuring instructor's license, theapplicant must: (1) Be licensed as a cosmetologist or manicurist underthisact; (2) either (A) have practiced as a manicurist orcosmetologist for one year prior to licensure and successfullycompleted 300 hours of instructortraining or (B) have successfully completed 450 hours of instructortraining; (3) passa manicuring instructor exam, administered by the board or the board'sdesignee; and (4) paya nonrefundable instructor license application fee established by K.S.A.65-1904, and amendments thereto. Amanicuring instructor license shall expire every two years and shall be renewedby furnishing satisfactory evidence thatthe applicant, except the first renewal period following licensure forapplicants not holding a manicuring instructor license on the effective date ofthis act, has completed 20 clock hours of continuing education, approved bytheboard, inthe practice of manicuring and teaching skills andmethods and paying the nonrefundable license renewal fee establishedby K.S.A. 65-1904, and amendments thereto.

(e) Licensed schools may be established and maintained in this state wherethe profession of esthetics may be taught or acquired, under the followingconditions and regulations:

(1) (A) Any person may apply to the board for a license forconducting a schoolfor the teaching of the profession of esthetics.

(B) The license shall be grantedby the board upon proper and sufficient showing of competency of the applicantand assurance of compliance by the applicant with the requirements of this act,all reasonable rules and regulations adopted by the board for proper conduct ofthe school and all applicable sanitation standards adopted by the secretaryofhealth and environment pursuant to K.S.A. 65-1,148, and amendmentsthereto.

(C) Prior to issuance of the license, the applicant shall pay to theboard thenonrefundable license application fee established under K.S.A. 65-1904,and amendments thereto.

(D) Schoollicenses shall be renewed before July 1 of each year by submitting anapplication and payment of the nonrefundable license renewal feeestablished under K.S.A. 65-1904, andamendments thereto.

(E) Any license may be renewed by the applicant within 30daysafter the date of expiration of the last license upon payment of a delinquentrenewal fee.

(F) No license fee shall be required of schools operating underthe state board of regents or any tax-supported school.

(2) (A) Each school licensed under this subsection (e) shall remainunder theconstant supervision of the board.

(B) Before July 1, 2009, each licensed school at all times shallemploy and maintain a sufficient number of instructors, duly licensed in thepractices they teach, to provide at least one full-time instructor for every 25students. On and after July 1, 2009,each licensed school at all times shall employ and maintain a sufficient numberof instructors, duly licensed in the practices they teach, to provide at leastone instructor for every 25 studentson the floor where the consumer services are provided in addition to oneinstructor for every 25 students in the instructional classroom.

(C) Not morethan one instructor in training shall count as aninstructor toward the required ratio of instructors to students.

(D) Eachlicensedschool shall provide a course of instruction and practice inpreparation for the profession of esthetics.

(E) Before July 1, 2009, the course of instruction and practice shallrequire notless than 650 clock hours, or a licensed school may elect to base the course ofinstruction and practice on credit hours. On and after July 1, 2009, thecourse of instruction andpractice shall require not less than 1,000 clock hours, or alicensed school mayelect to base the course of instruction and practiceon credit hours.

(F) The formula for conversion from clock hour to credit hourshall be provided by a recognized accrediting body which is approved by theUnited States department of education for the accreditation of schools ofcosmetology and the licensed school applying the credit hour conversion must beaccredited through the accrediting body providing the conversion formula.

(G) Theformula for conversion from clock hour to credit hour shall be subject toreview by the board.

(H) Each course of instruction and practice shall includethose core areas of education as determined and defined by the board.

(f) Any person who teachesesthetics in a licensed school of cosmetology or esthetics shall be required toobtain an esthetics instructor's license from the board, unless the personholds a valid cosmetology instructor's license issued under subsection (b). Toqualify for an esthetics instructor's license, the applicant must: (1)Belicensed as a cosmetologist or esthetician under this act; (2)either (A) havepracticedas an esthetician or cosmetologist for one year prior to licensureand successfully completed 300hours of instructor training or (B) have successfully completed 450hours of instructor training; (3) pass an esthetician instructor exam,administered by the boardor the board's designee; and (4) pay a nonrefundable licenseapplication fee established by K.S.A. 65-1904, and amendmentsthereto. An esthetics instructor license shall expire every two years and shallbe renewed by furnishing satisfactory evidence thatthe applicant, except the first renewal period following licensure forapplicants not holding an esthetics instructor license on the effective dateof this act, has completed20 clock hours of continuing education, approved bytheboard, inthe practice of esthetics and teaching skills andmethods and by paying the nonrefundable license renewal feeestablished by K.S.A. 65-1904, and amendments thereto.

(g) Licensed schools may be established and maintained in thisstatewhere the profession of electrology may be taught or acquired, under thefollowing conditions and regulations:

(1) (A) Any person may apply to the board for a license forconducting aschool for the teaching of the profession of electrology.

(B) The licenseshall be granted by the board upon proper and sufficient showing ofcompetency of the applicant and assurance of compliance by the applicantwith the requirements of this act, all reasonable rules and regulationsadopted by the board for the proper conduct of the school and allapplicable sanitation standards adopted by the secretary of health andenvironment pursuant to K.S.A. 65-1,148, andamendments thereto.

(C) Prior toissuance of the license, the applicant shall pay to the board thenonrefundable licenseapplication fee established under K.S.A. 65-1904, and amendmentsthereto.

(D) Schoollicenses shall be renewed before July 1 of each year by submitting anapplication and payment of the nonrefundable license renewal feeestablished under K.S.A. 65-1904, andamendments thereto.

(E) Any license may be renewed by the applicant within 30days after the expiration date of the last license upon payment of a delinquentrenewal fee.

(F) No license fee shall be required of schools operatingunder the state board of regents or any tax-supported school.

(G) Nothing inthis act shall prohibit any person who is a licensed instructor ofelectrology or who is and has been for at least three years a licensedelectrologist, while acting as owner and manager of the person's salon,clinic or establishment, from teaching electrology in the regular course ofthe person's business, but at no time shall any salon, clinic orestablishment have more than one apprentice or charge tuition for its teachingservices.

(2) (A) Each school licensed under this subsection(g) shall remain underthe constant supervision of the board.

(B) Each licensed school at all timesshall employ and maintain a sufficient number of instructors, duly licensedin the practices they teach, to provide at least one full-time instructorfor every four studentson the floor where the consumer services are provided in addition to oneinstructor for every four students in the instructional classroom.

(C) Eachlicensed school shall provide a course ofinstruction andpractice in preparation for the profession of electrology.

(D) The course of instruction and practice shall require not less than500 clockhours, or a licensed school may elect to base the course of instruction andpractice on credit hours.

(E) The formula for conversion from clock hour to credithour shall be provided by a recognized accrediting body which is approved bythe United States department of education for the accreditation of schools ofcosmetology and the licensed school applyingthe credit hour conversion must be accredited through the accrediting bodyproviding the conversion formula.

(F) The formula for conversion from clock hour tocredit hour shall be subject to review by the board.

(G) Each course of instructionand practice shall include those core areas of education as determined anddefined by the board.

(h) Any person who teaches electrology in a licensed school ofcosmetology or electrology shall berequired to obtain an electrology instructor's license from theboard. To qualify for an electrology instructor's license, theapplicantmust: (1) Be licensed as an electrologist under this act;(2) either (A) have practicedasan electrologist for one year prior tolicensure and successfully completed 300 hours ofinstructortraining or (B) have successfully completed 450 hours of instructortraining; (3) pass anelectrologyinstructor exam,administered by the board or the board's designee; and (4) pay anonrefundable instructor license application fee established underK.S.A. 65-1904, and amendments thereto. Electrology instructor licensesshallexpire every two years and may be renewed by furnishing satisfactory evidencethat theapplicant, except the first renewal period following licensure forapplicants not holding an electrology instructor license on the effective dateof this act, has completed 20 clock hours ofcontinuingeducation, approved by the board, in the practice and teaching of electrologyand paying the nonrefundable license renewal fee established under K.S.A.65-1904, and amendmentsthereto. To teach in a licensed salon, the electrologist is issued a licensefor the period of training for the student. To qualify they must: (1) Be alicensed practicing electrologist for a three-year period and (2) paya nonrefundable instructor license application fee established under K.S.A.65-1904, and amendments thereto.

(i) The board may adopt through rules and regulations a curriculum forcosmetology, nail technology, esthetics and electrologyinstructor training to beprovided in a licensed school of cosmetology.

(j) Any instructor's license may be renewed by an applicant within onemonth after the date of expiration of the applicant's last license uponsubmission of proof, satisfactory to the board, of the applicants current hoursand qualifications to renew practice as an instructor and payment of theapplicable nonrefundable renewal fee and delinquent fee prescribed in K.S.A.65-1904, and amendments thereto. Any applicant whose instructor's license hasexpired for more than one month may obtain a license in the same manner andon payment of the same nonrefundable fees as provided for an applicant for anoriginal license.

(k) (1) The board shall provide by rules and regulationsinstructor-in-training permits for applicants wishing to become an instructorin any of theschools listed in subsections (a) through (i).

(2) To obtain an instructor-in-training permit the applicant shall:

(A) One week prior to starting the 100 clock hours of teaching skills andmethodology required under (B)(ii) submit to the board a notice of intent tobecome aninstructor-in-training andbe enrolled in a board-approved instructor's training program. Thisnotification shall be on the application form for the instructor-in-trainingpermit andaccompanied by a nonrefundable fee set by the board.

(B) Upon the applicant's submitting to the board proof, satisfactory to theboard, of achieving the following terms the applicant shall obtain theinstructor-in-training permit:

(i) Be licensed as a cosmetologist or licensed in the profession in which theapplication would be instructing;

(ii) have completed 100 clock hours of the required clock hours ofteaching skills and methodology; and

(iii) pay the required nonrefundable application fee.

(3) The instructor-in-training permit shall be good for six months. If thestudent does not completethe required training, the board, upon good cause shown, may extend the permitfor an additional six months.

(4) For purposes of the required student-to-instructor ratio, there shall beonly one student with a student instructor permit whomay be a student instructor on the school staff.

(5) At no time shall an instructor-in-training practice without thesupervision of a licensed instructor.

(6) Failure to complete the instructor curriculum or to take the requiredexam within six months of the date of application will require the submissionofa newinstructor's application and the required number of clock hours of instructor'straining.

History: L. 1927, ch. 245, § 3; L. 1943, ch. 222, § 3;L.1951, ch. 361, § 1; L. 1963, ch. 316, § 2; L. 1965, ch. 381,§ 1; L.1967, ch. 343, § 1; L. 1969, ch. 298, § 1; L. 1970, ch. 257,§ 1; L.1970, ch. 256, § 2; L. 1971, ch. 210, § 1; L. 1972, ch. 232,§ 2; L.1975, ch. 322, § 3; L. 1981, ch. 249, § 1; L. 1983, ch. 212,§3; L. 1984, ch. 231, § 3;L. 1987, ch. 238, § 3;L. 1989, ch. 195, § 5;L. 1992, ch. 108, § 3;L. 1995, ch. 120, § 3;L. 1998, ch. 160, § 3;L. 2002, ch. 187, § 3;L. 2008, ch. 108, § 3; July 1.