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State Of Kansas


KANSAS ADMINISTRATIVE REGULATIONS


AGENCY 69 KANSAS BOARD OF COSMETOLOGY

ARTICLE 15. TATTOOING, BODY PIERCING, AND PERMANENT COSMETICS


69-15-1. Definitions.

The definitions of terms used in article 15 are as follows. (a) "Antiseptic"
means a product used to stop or inhibit the growth of bacteria.

(b) "Clean" means the absence of soil and dirt.

(c) "Closed book" means without aid from or availability of written material.

(d) "Communicable disease or condition" means diseases or conditions
diagnosed by a licensed physician as being contagious or transmissible, as
defined in K.A.R. 28-1-2.

(e) "Completed procedure" means, for the purposes of determining
qualification for licensure, a tattoo that has been finished, including any
touchups or additional work following initial healing, and releasing the client
from service, as follows.

(1) Figurative tattooing includes outlining and shading a new design on a
client, or a different client, using different sizes or configurations of
needles.

(2) Cosmetic tattooing includes eyeliner, eyebrows, lip liner, full lip
color, repigmentation, or camouflage but does not include beauty marks.

(f) "Demonstration permit" means a license that has been issued to an
applicant from another state for a period of time not to exceed 15 days, under
which a person may practice in any licensed facility.

(g) "Easily accessible" means having unrestricted use or availability, or
easy to approach or enter.

(h) "Enclosed storage area" means a separate room, closet, cupboard, or
cabinet.

(i) "Equivalent" means comparable but not identical, and covering the same
subject matter.

(j) "Gross incompetence" means a serious lack of ability, legal
qualification, or fitness to perform one's duty effectively.

(k) "High-level disinfectant" means a chemical agent that has demonstrated tuberculocidal activity.

(l) "Instruments" means needles, probes, forceps, hemostats, or tweezers.

(m) "Linens" means cloths or towels used for draping or protecting a table or
similar functions.

(n) "Low-level disinfectant" means a chemical agent that has demonstrated
bactericidal, germicidal, fungicidal, and limited virucidal activity.

(o) "Needle" means either of the following:

(1) the implement used to insert dyes or pigments into the dermis of the skin
during permanent color or tattoo procedures; or

(2) the implement used to pierce or puncture a hole in any part of the human
body for the purpose of inserting jewelry or other objects.

(p) "Needle bar" means the metal or plastic device used to attach the needle
to a tattoo machine.

(q) "Official transcript" means a document certified by a school on a form
approved and prescribed by the department of education or other regulating
authority, indicating the hours and types of coursework, examinations, and
scores that were completed by a student.

(r) "One year of work experience" means a total of 12 full calendar months,
but not necessarily within the same calendar year or consecutively.

(s) "Operatory" means the isolated field in which treatment or services are
provided.

(t) "Piercing gun" means a hand-held tool manufactured exclusively for
piercing the earlobe, into which studs and clutches are placed and inserted into
the earlobe by a hand-squeezed or spring-loaded action to create a permanent
hole. The tool shall be made of plastic, stainless steel, or other material that
is able to be disinfected.

(u) "Place or places of business" means each name, mailing address, and
location, not a post office box, where the licensee or applicant for license
performs services.

(v) "Premises" means the entire building or structure within which services
are performed.

(w) "Probation" means continuation of licensure under special conditions set
by the board.

(x) "Protective gloves" means gloves made of vinyl or latex.

(y) "Public view" means open to view and easy for the public to see.

(z) "Reactivate" means to change an expired license to an active license.

(aa) "Reciprocity" means eligibility for licensure based on board approval ofa training program that an applicant completed in another state.

(bb) "Renew" means to extend a current license for a year beyond expiration
or to bring an inactive license to current, active status.

(cc) "Repigmentation" means recoloration of the skin as a result of the
following:

(1) Use of dermabrasion, or chemical peels, or removal or resolution of
birthmarks, vitiligo or other skin conditions that result in the loss of melanin
to the skin;

(2) Recoloration to scars as a result of surgical procedures, including
face-lifts, mole or wart removal, or cauterization;

(3) Recoloration to burn grafts and other skin irregularities resulting from
burns or photo damage;

(4) Recreation of an areola or nipple, following mastectomy; or

(5) Use of cheek blush or other blending of pigments into skin in order to
camouflage blotchy or irregularly pigmented skin.

(dd) "Sharps" means any object that can penetrate the skin, including
needles, scalpel blades, lancets, glass tubes that could be broken during
handling, and syringes that have been removed from their original, sterile
containers.

(ee) "Sharps container" means a puncture-resistant, leak-proof container that
can be closed for handling, storage, transportation, and disposal. The container
shall be red and shall be labeled with the "Biohazard" symbol.

(ff) "Single use" means products or items that are disposed of after each
use, including cotton swabs or balls, tissues or paper products, paper or
plastic cups, or gauze and sanitary coverings.

(gg) "Sterilization" means destruction of all forms of microbiotic life,
including spores.

(hh) "Under direct supervision of a physician" means employed by and working
in the office of a physician, with treatment ordered by and reimbursed to the
physician.

(ii) "Universal precautions" means a set of guidelines and controls,
published by the center for disease control (CDC) as "guidelines for prevention
of transmission of human immunodeficiency virus and hepatitis B virus to
health-care and public-safety workers," in morbidity and mortality weekly report
(MMWR), June 23, 1989, Vol. 38, No. S-6, and as "recommendations for preventing
transmission of human immunodeficiency virus and hepatitis B virus to patients
during exposure-prone invasive procedures," in MMWR, July 12, 1991, Vol. 40, No.
RR-8. This method of infection control requires the employer and employee to
assume that all human blood and specified human body fluids are infectious for
HIV, HBV, and other blood pathogens. Precautions include hand washing, gloving,
personal protective equipment, injury prevention, and proper handling and
disposal of needles, other sharp instruments, and blood and body fluid
contaminated products.


Authorized by K.S.A. 1996 Supp. 74-2702a and 65-1948 and implementing K.S.A.
1996 Supp. 65-1946 and 65-1949; effective Aug. 22, 1997.

69-15-2. 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 hours of theory and practical experience that include 50
completed procedures, if completed under the supervision of an approved trainer.
A training program directly supervised by an approved trainer shall be limited
to one trainee.

(2) Each program of permanent cosmetics and tattooing shall include the
following percentage of hours in its theory and practical experience:
Subject Percentage
of hours
Needles 7
Tattoo machines, equipment,
and supplies 20
Safety, sanitation, sterilization,
and blood-borne pathogens 15
Basic color theory and
pigments 7
Placement of design 7
Skin: Diseases, disorders, and
conditions 9
Client handling 2
Business operations and Kansas
statutes and regulations
pertaining to permanent
cosmetics and tattooing 3
Clinical practice 30
Total hours 600 (In school)
1200 (Under a trainer)

(b)(1) To be approved by the board, a basic body piercing technician 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
hours of theory and practical experience that include 50 completed procedures,
if completed under the supervision of an approved trainer. In the basic body
piercing training, the 50 completed procedures shall consist of at least five
completed procedures for each of the following seven basic piercings in these
areas:

(A) Ears;

(B) nose;

(C) tongue;

(D) nipple;

(E) eyebrow;

(F) navel; and

(G) labrets (lips or around the mouth).

(2) The following is the minimum course of study for basic body piercing:
Subject Percentage
of hours
Health and safety 50
Sanitation, sterilization, and
blood-borne pathogens
Skin: Diseases, disorders, and
conditions
Anatomy
Universal precautions
First aid, C.P.R.
Clinical/Practical 50
Needles, equipment and
supplies
Jewelry and placement
Business operations and laws
Client relations

(c)(1) An advanced training program for body piercing shall include, in
addition to the hours required for the basic body piercing, 50 completed
procedures within the advanced areas.

(2) The advanced piercings shall include the following areas:

(A) Male genitals;

(B) female genitals;

(C) multiple piercings in the same area; and

(D) unusual piercings, including earl, which is surface-to-surface piercing
located across the bridge of the nose, and madison, which is surface-to-surface
piercing located near the clavical.

69-15-3. Permanent color technician trainer, tattoo artist trainer, and body
piercing technician trainer.

(a) Each applicant for permanent color technician trainer, tattoo artist
trainer, and body piercing technician trainer shall apply on forms provided
by
the board. Each application shall include the following information:

(1) The applicant's current, valid Kansas permanent color technician,
body
piercing technician, or tattoo artist license number;

(2) documentation outlining the applicant's proposed training syllabus
and
meeting the requirements of K.A.R. 69-15-2(b) or (c); and

(3) the name and address of the licensed facility where training will be
provided.

(b) To be designated as a permanent color technician trainer or tattoo
artist
trainer, the applicant shall submit verification of five years of full-time,
active practice.

(c) To be designated as a body piercing technician trainer for the seven
basic piercing procedures, the applicant shall submit verification of two
years
of full-time, active practice and verification of proficiency in all seven
procedures. To be approved as a trainer for advanced piercing training, the
applicant shall submit verification of four years of full-time, active
practice
and verification of proficiency in all of the advanced areas. The applicant
may
verify proficiency by submitting client records indicating completed
piercing
procedures in the applicable areas being performed by the trainer.

69-15-4. Out-of-state equivalent course of study.

Board approval of a training program completed in another state shall be
granted if these requirements are met:

(a) The trainer was licensed in another state during the applicant's
participation in the training program;

(b) the applicant completed the training program under the direct supervision
of the trainer, or in a school;

(c) the training program covered the areas of theory and practical experience
specified in K.A.R. 69-15-2; and

(d) the training program included the number of hours of theory and practical
experience and the number of completed procedures specified in K.A.R. 69-15-2.

69-15-5. Application for licensure by examination.

Each applicant for licensure shall apply on forms provided by the board and
accompanied by the following:

(a) The application fee and the examination fee;

(b) proof of age of at least 18 years, including a copy of a driver's
license, passport, or birth certificate, if not included in school records;

(c) a copy of the high school diploma, equivalent diploma (GED), or degree
from an accredited institution of higher education; and

(d) an official transcript from a school of permanent color, tattooing, or
body piercing or from an approved trainer, showing completion of a course of
study equivalent to the requirements of K.A.R. 69-15-2.

69-15-6. Application completion and deadlines.

(a) Applications for examination shall be received at least 30 calendar days
before the next scheduled examination.

(b) Any application submitted during the 30-day period immediately prior to
the examination shall be reviewed, and if the applicant satisfies the
requirements, that person shall be scheduled for the subsequent examination.

(c) Applicants who fail to submit sufficient fees, complete documentation,
and verification of training or experience, or both, shall be considered
disqualified, and their application shall be closed. Examination fees may be
carried forward one time to the next scheduled examination.

(d) Any candidate for examination who fails to complete the examination
process within the following time limits shall be required to submit a new
application, documentation, and fees, according to this schedule:

(1) One year from receipt of application, if the applicant does not meet the
qualifications for examinations; or

(2) one year from the date that the last section of the examination was
attempted.

(e) Any candidate who meets the requirements of the examination and is
scheduled for the next examination may work in a licensed facility under the
direct supervision of a licensed permanent cosmetic technician, tattoo artist,
or body piercing technician until the candidate successfully passes the
examination.

69-15-7. Examination for permanent color technicians, tattoo artists, or body
piercing technicians.

(a) The examination shall consist of both a written and a practical
examination on safety, sanitation, and standards of practice.

(b) The examination shall test the applicant's knowledge of these areas:

(1) Basic principles of safety, sanitation, and sterilization;

(2) Kansas laws and rules;

(3) chemical use and storage;

(4) diseases and disorders including skin disease, HIV, Hepatitis B, and
communicable or transmittable diseases;

(5) equipment, supplies, tools, and implements;

(6) practice standards;

(7) facility standards; and

(8) definitions.

(c) The written examination shall consist of no more than 150 multiple-choice
questions and shall not exceed two hours in duration. The examination shall be
closed book and shall be presented and conducted in English.

(d) To test the applicant's knowledge of infection-control practices and
practice standards, the practical examination shall evaluate the following:

(1) A setup for an actual procedure;

(2) a demonstration of a procedure; and

(3) a demonstration of the clean-up process for a procedure.

(e) Examination candidates shall achieve a 75 percent or higher score on both
the written and the practical sections in order to be issued a license.

69-15-8. Examination behavior.

(a) Taking notes, textbooks, or notebooks into the examination room shall be
prohibited.

(b) An applicant shall be immediately disqualified during or after the
examination for conduct that interferes with the examination. Such conduct may
include the following behavior:

(1) Giving or receiving aid, directly or indirectly during the examination
process;

(2) obtaining help or information from notes, books, or other individuals to
answer questions;

(3) removing or attempting to remove any secure, examination-related
information or materials from the examination site;

(4) failing to follow directions relative to the conduct of the examination;
and

(5) exhibiting behavior that impedes the normal progress of the examination.

(c) Disqualification shall invalidate the examination and result in
forfeiture of the examination and fee. The applicant shall be required to
reapply, submit an additional examination fee, and schedule another examination
at the date and time determined by the executive director. Re-examination shall
be conducted at the board office.

69-15-9. Issuance and renewal of licenses.

(a) Each individual license shall expire on the last day of the licensee's
birth month. License fees shall be prorated at the rate of 1/12th of the license
fee for each month of the original license.

(b) A notice of renewal shall be mailed by the board to the last known
address of the license holder.

(c) The applicant shall apply for renewal in advance of the license
expiration date of the prior license.

(d) Renewal payments received in the board office or postmarked after the
expiration date but within one year of expiration shall be assessed a late fee
in addition to the annual renewal fee.

(e) A license that has been expired for more than one year but less than
three shall be deemed suspended and may be reactivated by payment of the
following:

(1) A suspended renewal fee for each year expired;

(2) a reactivation fee; and

(3) a renewal fee.

(f) Any individual who fails to renew or reactivate a license within three
years from the date of expiration shall reapply to take the exams, submit the
examination fee and one-year licensee fee, and successfully pass all sections of
the examination before a license is reissued.

69-15-10. Display of license and inspection certificate.

(a) The practitioner shall post in public view in the lobby or waiting area
of the place of business the current practitioner and facility license and a
copy of the latest inspection certificate.

(b) A licensee shall not post a reproduction of any license unless the board
has issued and marked it "Duplicate."

(c) A licensee shall not post a pocket identification card in lieu of a
license.

69-15-11. Inspections generated by a complaint.

(a) Each establishment shall be subject to inspection by the board or its
designee, in order to investigate a specific complaint filed with the board, or
to investigate any suspected violation of sanitary rules and regulations or
other violations of the act.

(b) An inspection generated by a complaint shall be authorized by the board
or its executive director at any time, subject to the following limitations:

(1) Inspections shall be made only between the hours of 8:00 a.m. and 6:00
p.m. or anytime the practice or instruction of permanent color, tattooing, or
body piercing is being conducted, unless agreed otherwise by all interested
persons or entities.

(2) Inspections shall be conducted by the board members, the executive
director, employees, or agents of the board.

69-15-12. Continuing education for license renewal.

To maintain licensure in the field in which they are licensed to practice,
permanent color technicians, tattoo artists, and body piercing technicians shall
participate in continuing education according to these criteria:

(a) Each individual shall complete 15 hours, either as one unit or a
combination of units, not less than one hour each, every three years.

(b) Continuing education courses shall be of the same subject matter relating
to the practice as the required curricula for training as a permanent color
technician, tattoo artist, and body piercing technician and shall consist of the
following:

(1) Participation in or attendance at an instructional program presented,
recognized, or conducted under the auspices of any permanently organized
institution, agency, or association;

(2) self-study, participation, or attendance at a program not covered by
paragraph (b)(1) of this regulation, comprising up to six hours of the total
requirement; or

(3) attendance at a meeting of the advisory council for permanent color
technicians, tattoo artists and body piercing technicians for a maximum of three
hours per meeting, totaling no more than six hours in a three-year period.

(c) A license shall not be renewed without receipt of the required continuing
education report.

(d) Each licensee failing to obtain 15 clock hours of continuing education
every three years shall successfully pass a written examination in order to have
the license renewed.

69-15-13. Reporting continuing education.

(a) Each licensee shall be responsible for submitting to the board proof of
participation in required continuing education.

(b) Each licensee shall submit to the board the renewal document, fee, and
proof of 15 clock hours of continuing education as a condition of renewal every
three years. Proof of participation shall consist of the following:

(1) Submission to the board of evidence sustaining completion of self-study
by means of correspondence courses or national home-study issues; review of
publications, textbooks, printed material, or audiocassettes; or viewing of
films, videos, or slides. The documentation shall indicate the type of study,
describe its content, and state the date and duration in clock hours. Self-study
shall relate to the subjects listed for the practice of permanent color,
tattooing, or body piercing as stated in K.A.R. 69-15-2; or

(2) submission to the board of a certificate of completion or verification,
issued by the sponsoring organization or person, of attendance in a course,
program, seminar, or lecture and showing the name of the sponsor, the title of
the presentation, a description of its content, the name of the instructor or
presenter, the date, its duration in hours, and any supplemental documentation
to support that the sponsor and subject matter meet the requirements and relate
to the practice as stated in K.A.R. 69-15-2.

(c)(1) The 15 clock hours of continuing education shall be accumulated only
in the most recent renewal period. The licensee shall hold the proof of
continuing education until submitting it to the board at the time of renewal;
and

(2) Hours of continuing education in excess of the requirement for renewal
every three years shall not be carried forward.

69-15-14. Permanent color, tattoo, and body piercing facility licensing.

(a) Permanent color technicians, tattoo artists, and body piercing
technicians shall not practice at any location other than a licensed
facility.

(b) A facility license shall be issued, providing that the applicant
fulfills
these requirements prior to opening:

(1) Applies to the board on a form approved by the board and pays the
required fee;

(2) complies with all applicable rules and regulations of the board;

(c) certifies that application information is correct; and

(4) provides a map or directions for locating the shop, if the facility
is in
a rural or an isolated area.

(c) If the facility is in a home, it shall have an identifying house
number
or a sign that is easily visible from the street.

(d) The cleanliness and sanitation of any common area of separately
licensed
facilities in one premises shall be the responsibility of each license
holder on
that premises. Any violation found in the common area shall be cited against
all
facility licenses issued and posted on the premises.

(e) Each facility owner shall meet these requirements:

(1) Allow a board inspector to inspect the facility when it is open for
business;

(2) be prohibited from exhibiting, or failing to prevent employees from
exhibiting, behavior that impedes normal progress of the inspection; and

(f) Each purchaser of an existing facility shall perform the following:

(1) Meet the requirements of a new facility; and

(2) submit a new facility application and fee prior to assuming operation
of
the business.

(g) Owners of facilities moving to new locations shall perform the
following:

(1) Meet the requirements of a new facility; and

(2) submit an application and a fee for a new facility license.

(h) Facility licenses are not transferable from person to person or to a
new
location.

(i) Each facility owner closing a facility shall inform the board office,
within five business days and in writing, of closure of the facility.

(j) If the same owner reopens the facility while the license is still
current, the owner shall inform the board office prior to the reopening.

69-15-15. Permanent color technician, tattoo artist, and body piercing
technician practice standards; restrictions.

(a) Licensees shall keep an individual record of each client. That record
shall include the name and address of the client, the date and duration of each
service, the type of service, and special instructions or notations relating to
the client's medical or skin conditions, including the following:

(1) Diabetes;

(2) allergies;

(3) cold sores and fever blisters;

(4) epilepsy;

(5) heart conditions;

(6) hemophilia;

(7) hepatitis;

(8) medication that thins the blood;

(9) moles or freckles at the site of service;

(10) psoriasis or eczema;

(11) pregnant or nursing women;

(12) scarring (keloid); and

(13) other medical or skin conditions.

(b) Licensees may obtain advice from physicians regarding medical information
needed to safeguard the client and the technician or artist.

(c) Each licensee shall give pre-service information in written form to the
client to advise of possible reactions, side effects, and potential
complications of the tattooing process. Each licensee shall give aftercare
instructions to the client, both verbally and in writing after every service.

(d) Each licensee shall take photographs for corrective procedures, in
relationship to tattooing or permanent cosmetics, and before and after service,
for records maintained.

(e) Each licensee shall purchase ink, dyes, or pigments from a reputable
supplier or manufacturer. No licensee shall use products banned or restricted by
the food and drug administration for use in tattooing and permanent color.

(f) A licensee shall not perform tattooing or body piercing for any of these
individuals:

(1) A person who is inebriated or appears to be incapacitated by the use of
alcohol or drugs;

(2) any person who shows signs of recent intravenous drug use;

(3) a person with sunburn or other skin diseases or disorders, including open
lesions, rashes, wounds, or puncture marks;

(4) any person with psoriasis or eczema present in the treatment area.

(g) Use of the piercing gun to pierce shall be prohibited on all parts of the
body, with the exception of the ear lobe.

(h) Use of personal client jewelry or any apparatus or device presented by
the client for use during the initial body piercing shall be prohibited. Each
facility shall provide presterilized jewelry, apparatus, or devices, which shall
be of metallic content recognized as compatible with piercing services.

(i) No person afflicted with an infectious or communicable disease that may
be transmitted during the performance of permanent color, tattoo application, or
body piercing shall be permitted to work or train in a school or facility.

(j) No school or facility shall require or permit a student or licensee
knowingly to work upon a person suffering from any infectious or communicable
disease that may be transmitted during the performance of permanent color,
tattoo application, or body piercing.

(k) Nothing shall prohibit the permanent color technician, tattoo artist, or
body piercing technician from refusing to provide services to anyone under the
age of 18.

69-15-16. Facility standards.

All facilities shall meet the following criteria.

(a) All areas shall be kept clean and in good repair.

(b) All surfaces, including counters, tables, equipment, client chairs, or
recliners, that are in treatment and sterilization areas shall be made of
smooth, nonabsorbent, and nonporous material.

(c) Surfaces or blood spills shall be cleaned using an EPA-registered,
hospital-grade disinfectant.

(d) The water and plumbing fixtures in the facility shall include easy access
to a sink with hot and cold running water, as part of the surrounding premises
or adjacent to the facility but separate from a public restroom.

(e) Toilet facilities shall be kept clean and in good working order at all
times. Each toilet shall have a handwashing sink and a soap dispenser with
disposable towels or an air dryer for hands.

(f) The facility shall be equipped with adequate and sufficient artificial or
natural lighting, providing at least 10 foot-candles of light at the work
station or table, used at all times during which business is being conducted.

(g) The facility shall be well ventilated with natural or mechanical methods
that remove or exhaust fumes, vapors, or dust in order to prevent hazardous
conditions from occurring or to allow the free flow of air in a room in
proportion to the size of the room and the capacity of the room.

(h) A proprietor or person in charge of the facility may designate the entire
area as a nonsmoking area. A designated smoking area means any area set aside by
a proprietor or person in charge of a public place where tobacco smoking is
permitted and where a sign indicates the same. No person shall smoke or carry
any lighted smoking device in a public place except in designated smoking areas.
No facility shall be designated in its entirety as a smoking area. "Public
place" means any enclosed indoor area open to and frequented by the public.
"Open to and frequented by the public" means any area where the public can
freely enter or move without special invitation.

(i) If a room used for residential purposes is the same room or adjacent to a
room used for the practice of permanent color, tattooing, or body piercing, then
a solid partition shall separate the premises used for residential purposes from
the tattooing and piercing area. The partition may contain a door, provided it
remains closed, except for entering and leaving.

(j) If a room used for any business purposes other than permanent color,
tattooing, or body piercing is the same room or is adjacent to a room used for
the practice of permanent color, tattooing, or body piercing, then the board may
require that one or more of the following requirements be satisfied if there are
conditions that the board considers a possible threat to the health of the
employees, the customers, or the public:

(1) A solid partition shall separate the premises used for other business
purposes from the permanent color, tattooing, or body piercing area. The
partition may contain a door, provided it remains closed except for entering and
leaving.

(2) A separate outside entrance shall be provided for the facility.

(k) Pets or other animals shall not be permitted in the business facility.
This prohibition shall not apply to registered therapy animals; trained guide
animals for the disabled, sightless, or hearing impaired; or fish in aquariums.

69-15-17. Required equipment: articles and materials.

(a) Practicing permanent color technicians and tattoo artists shall maintain
the following equipment at the place of business:

(1) A tattoo machine or hand pieces of nonporous material that has the
ability to be sanitized;

(2) stainless steel or carbon needles and needle bars;

(3) stainless steel, brass, or lexan tubes that have the ability to be
sterilized;

(4) sterilization bags with color strip indicators;

(5) protective, disposable gloves;

(6) single-use, disposable plastic tubes, razors, or straight razors;

(7) single-use towels, tissues, or paper products;

(8) a sharps container and biohazard waste bags;

(9) approved inks, dyes, and pigments; and

(10) approved equipment for cleaning and sterilizing instruments at the place
of business.

(b) Practicing body piercing technicians shall maintain the following
equipment at the place of business:

(1) Single-use stainless steel needles;

(2) sterilization bags with color strip indicators;

(3) protective, disposable gloves;

(4) single-use towels, tissues, or paper products;

(5) a sharps container and biohazard waste bags;

(6) approved equipment for cleaning and sterilizing instruments;
(7) a piercing table or chair of nonporous material that can be sanitized;

(8) a covered trash receptacle;

(9) spore tests;

(10) forceps that can be sterilized;

(11) pliers of various sizes, made of material that can be sterilized;

(12) bleach or hard-surface disinfectants, or both;

(13) antibacterial hand soap; and

(14) jewelry disinfectant.


69-15-18. 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 and water in an ultrasonic unit that
operates
at 40 to 60 hertz, followed by a thorough rinsing and wiping; or

(2) submerging and soaking them in a protein dissolving detergent or
enzyme
cleaner, followed by a thorough rinsing and wiping.

(b) For all electrical instruments, each practitioner shall perform the
following:

(1) First remove all foreign matter; and

(2) disinfect with an EPA-registered disinfectant with demonstrated
bactericidal, fungicidal, and virucidal activity used according to
manufacturer's instructions.

69-15-19. Instrument sterilization standards.

(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
accordance with K.A.R. 69-15-20.

(b) The provisions of this regulation shall not apply to electrical
instruments.

69-15-20. 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 and drug administration, and used, cleaned, and maintained
according to manufacturer's directions; or

(2) with single-use, prepackaged, sterilized equipment obtained from
reputable suppliers or manufacturers.

(b) Practitioners shall sterilize all piercing instruments that have or
may come in direct contact with a client's skin or be exposed to blood or body
fluids. Piercing needles shall not be reused. All piercing needles shall be
single use.

(c) All sterilizing devices shall be tested on a regular basis for
functionality and thorough sterilization by use of the following means:

(1) Chemical indicators that change color, to assure sufficient
temperature and proper functioning of equipment during the sterilization cycle; and

(2) a biological monitoring system using commercially prepared spores, to
assure that all microorganisms have been destroyed and sterilization has
been achieved. This testing shall be performed every three months for tattoo and
body piercing facilities.

(d) Chemical and biological indicator test results shall be made
available at the facility at all times for inspection by the board compliance officers.

(e) Practicing permanent color, tattoo, and body piercing facilities shall
submit to an inspection at least once every year, in order to determine
compliance with requirements of the statute and with sanitation and
sterilization practices.

69-15-21. Handwashing and protective gloves.

(a) Prior to and immediately following administering 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 nails in hot, running water with soap and rinse them in
clean,warm water.

(b) All licensees and individuals being trained by licensed permanent
color technicians, tattoo artists, and body piercing technicians shall wear
protective gloves during services. Protective gloves shall be disposed of immediately
following service.

69-15-22. 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, tissues, or single-use
paper products in a clean, enclosed storage area until needed for immediate use.

(e) Each practitioner shall dispose of or store used linens in a closed
or covered container until laundered.

(f) Each practitioner shall launder used linens either by a regular,
commercial laundering or by a noncommercial laundering process that includes
immersion in water at 160 degrees Fahrenheit for not less than 15 minutes
during
the washing and rinsing operations.

69-15-23. Clean instruments and products storage.

(a) Before use, disposable products that come in contact with the areas to be
treated shall be stored in clean containers that can be closed between
treatments.

(b) Clean, sterilized reusable instruments that come in contact with the
areas to be treated shall be stored in clean, sterilized containers.

(c) Clean, sterilized reusable transfer instruments, including forceps,
trays, and tweezers, shall be stored in a clean, dry, sterilized container.

69-15-24. Chemical storage.

Each practitioner 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.

69-15-25. 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
separate from sealable trash or garbage liners or in a manner that protects
not only the licensee and the client, but also others who may come into contact
with the material, including sanitation workers.

(b) Disposable, sharp objects that come in contact with blood or body
fluids shall be disposed of in a sealable, rigid, puncture-proof container that is
strong enough to protect the licensee, client, and others from accidental
cuts or puncture wounds that could happen during the disposal process.

(c) Licensees shall have either sealable plastic bags or sealable rigid
containers available at the facility.

(d) Each practitioner shall follow universal precautions in all cases.

69-15-26. Waste receptacles.

(a) The practitioner shall deposit all waste material related to
treatment in a covered container, following service for each client.

(b) Waste disposed in a reception area and restrooms shall be limited
only to materials that are not used in providing services to the client or are
practice related.

(c) Waste disposal containers shall be kept clean.

69-15-27. Permanent color and tattoo procedures.

(a) Permanent color technicians and tattoo artists shall dispense all
substances from containers in a manner that prevents contamination of the unused
portion. A spray bottle to apply liquid to skin may be used. Single-use tubes or
containers and applicators shall be discarded following the tattoo service.

(b) Paper stencils and skin scribes shall be single use and shall be disposed
of immediately following service.

(c) The practitioner shall remove the tip of each body pencil used during a
tattoo service, shall disinfect the body and tip of the pen, and shall sharpen
the tip to remove the exposed edge.

(d) The plastic or acetate stencil used to transfer the design to the
client's skin shall be thoroughly cleansed and rinsed in an EPA-approved
germicidal solution, according to the manufacturer's instructions, and then
dried with a clean, single-use paper product.

(e) Individual portions of inks, dyes, or pigments in clean, single-use
containers shall be used for each client. Any remaining unused dye or pigments
shall be discarded immediately following service.

(f) Excess ink, dye, or pigment applied to the client's skin shall be removed
with a clean, single-use paper product obtained from a self-dispensing
container.

(g) Use of styptic pencils or alum solids to check any blood flow shall be
prohibited.

(h) Upon completion of tattooing, the practitioner shall cleanse the skin,
excluding the area surrounding the eyes, with a clean, single-use paper product
saturated with an EPA-approved germicidal solution.

(i) A sanitary covering shall be placed over designs and adhered to the skin
with suitable skin tape.

(j) Each practitioner shall provide aftercare, which shall consist of both
verbal and written instructions concerning proper care of the tattooed skin.
Instructions shall specify the following information:

(1) Care following service;

(2) possible side effects; and

(3) restrictions.


69-15-28. Preparation and aftercare of treatment area on client.

(a) Permanent color technicians and tattoo artists shall cleanse the client's
skin, excluding the areas surrounding the eyes, by washing with an EPA-approved
germicidal solution applied with a clean, single-use paper product, before
placing the design on the client's skin or beginning tattooing work.

(b) If the area is to be shaved, the licensee shall use a single-use,
disposable safety razor or sterilized straight-edged razor, and then rewash the
client's skin.

(c) Substances applied to the client's skin to transfer the design from
stencil or paper shall be single use.

(d) Aftercare shall be administered to each client following service, as
stated in K.A.R. 69-15-27.


69-15-30. Fees.

The following fees shall be charged:
Exam application fee $ 35.00
Examination fees
Written 25.00
Practical 50.00
License fee
Initial 50.00
Annual renewal 100.00
Late fee 50.00
Duplicate license fee 25.00
Facility license and renewal fee 100.00
Facility late fee 50.00
Demonstration license 50.00

65-1940

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.

65-1947

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

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

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

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

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

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

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

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

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