BOARD OF COSMETOLOGY NEWS - Kansas

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BOARD OFCOSMETOLOGY NEWSKansas Board of Cosmetology Fall 2020 NewsletterKDHE COVID-19 Guidance UpdateThe Kansas Department of Health and Environment (KDHE) has updated theCOVID-19 recommendations to include clarification on facial/shaving services anduse of face shields. The additions to the guidance are provided below. Face Shields: A face shield is sufficient when wearing a mask is not feasiblefor the licensee or the client. More information on the use of face shields can befound here. Facial/Shaving Services: The consumer should remove the face covering forthe service and put it back on with the service is completed.Click here to review the full guidance document.Please remember that these are recommendations. You are required by the Boardto adhere to the infection control regulations for your professions provided in regulation. All KBOC statutesand regulations can be accessed on the Board’s website here.Please ensure you are checking with your local health authorities to ensure that you are in compliance withany requirements or restrictions they may have pertaining to your profession as it relates to the COVID-19pandemic. A directory of local health departments can be found here.Other resources available to you are provided on the Board’s COVID-19 resources page here.Members of the Kansas Board ofCosmetologyDavid Yocum - ChairSchool RepresentativeKelly RobbinsTanning RepresentativeTina BurgardtCosmetologistAshley RangelEstheticianNichole Hines - ViceChairCosmetologistDavid TuckerBody ArtsKimberley MancusoGeneral PublicMary BlubaughGeneral PublicHow to attend Board MeetingsThe Board posts the Board agenda prior to theBoard meetings with the information on how toattend the meeting either by video or phoneconference. The agenda, minutes and notices can befound on the Board’s website Board Meeting page,we also post the agenda and meeting notices on theBoard’s Facebook page. ionally, the Board posts this information onthe state of Kansas public square website. https://publicsquare.ks.gov/Mission StatementTo protect the health and safety of the consuming public by licensing qualified individuals and enforcing highstandards of practice.

Kansas Board of Cosmetologybusinesses. Salon Chemistry and all hair salons andbarber shops statewide have proved that by wearingmasks, we can protect each other and our economy.”Read the full article here.Clay County criminal charges for theunlicensed practice of cosmetology andbarberingCosmetologist spots skin cancer on clientIn April 2019, Board staff received a complaintregarding the unlicensed cosmetology practice ofSuzette (Susie) Barteau in Junction City, Kansas.WIBW reporter Kimberly Donahue wrote an articleregarding a cosmetologist who encouraged one ofher clients to have an unusual bump looked atresulting in an early detection of skin cancer. Readthe full article here.In May 2019, board inspectors were sent to thecommercial location where it was alleged that Ms.Barteau was providing services. At the inspection, itwas confirmed that Ms. Barteau was providingcosmetology services without valid practitioner orestablishment licensure issued by the board.THANK YOU to the Beauty Industry!On May 31, 2019, Ms. Barteau was assessed finesfor unlicensed practice and was also issued an orderto cease and desist from providing unlicensedcosmetology services in Kansas.Recently, C.J. Janovy, Kansas Reflector Reporter,interviewed the Board Chair, David Yocum andBoard Vice Chair, Nichole Hines, to discuss theimpact COVID-19 has had on the beauty industry inKansas.“Let’s pause to congratulate the Kansas beautyindustry for doing its part to fight the pandemic.”Chairman Yocum, a licensed manicurist andacademy director provided insight on what he isseeing from the school perspective and ViceChairwoman Hines, Licensed cosmetologist,provided feedback on the impact she hasexperienced as a small business owner.Read the full article here.Governor Kelly visits Wichita salon tocelebrate National Business Women’sWeek“Hair salons and other personal service industryestablishments have always embraced diligentsanitation practices, but they have ramped up theirefforts during the pandemic – including by requiringall customers to wear masks,” Governor Kelly said.“Because of these efforts, no COVID-19 outbreakshave been associated with one of theseKansas Board of CosmetologyIn August 2019, the board was made aware of a newsarticle in the Clay Center Dispatch in which Ms.Barteau was pictured on the front cover providing ahaircut service out of a commercial location in ClayCenter, Kansas. The Board’s Disciplinary Panelapproved board staff and Litigation Counsel to workwith the Clay County County Attorney to pursuecriminal charges against the unlicensed practice ofMs. Barteau.On November 4, 2019, the Clay Center Dispatchpublished a news article regarding Ms. Barteau’sarrest for unlicensed practice. You can review thearticle by clicking here.On November 15, 2019, the Clay Center Dispatchpublished another news article related to Ms.Barteau’s continued unlicensed practice. You canreview the article by clicking here.On May 18, 2020, Ms. Barteau pled no contest topracticing cosmetology without a license.www.kansas.gov/kboc2

Kansas Board of CosmetologyLegislative PlanThe Board requested statute changes for the 20192020 session, but the requests were not heard by thelegislative committees. The Board plans to resubmitrequested statute changes during the 2021-2022session. Among many technical updates, the Boardwill be asking for authorization to: Issue demonstration permitsIssue charitable event permitsServe cease and desist orders to unlicensedpersons for the Body Art professionUpdate the name of the Board to reflect theprofessions regulated by order of when theywere added to the Board’s jurisdiction.Other bills were introduced by parties notconnected to the Board of Cosmetology requestingchanges to statute such as an exemption forthreading services, expedited licensure laws forreciprocity applicants, sunset laws for regulations,and requiring sales taxonpersonalcareservicessuchasprovided by licenseesundertheBoard’sjurisdiction. These billsdied in committee andwould have to bereintroduced in the 2021-2022 session to bereconsidered. A list ofthese bills with the linksto access the documentscan be found here.Regulation updatesThe Board is in the process of implementing apermanent regulation to allow distance learningoptions for cosmetology profession schools. Thepublic hearing will be December 2, 2020. View thehearing announcement and provide feedback here.Body Art UpdatesThe Board is currently in the process of workingwith KDHE to review the infection controlregulations for body art and propose them throughKDHE. Board staff have been attending weekly staffmeetings with subject matter experts and lookforward to completing this project. After theinfection control regulations are adopted by KDHEand repealed for KBOC, KBOC will move into thephase of working on the KBOC regulation updatesfor body art. Stay tuned!K.A.R 69-3-7Student RecordsOn Monday, September 14, 2020,the Board formally interpretedlanguage from the regulation as"reasonable amount of time" tobe 10 years. There is no requiredform at this time, and the Boardwill not dictate how that information isstored. Pursuant to K.A.R 69-3-7, the student recordmust contain the daily attendance record, practiceservices completed and a final record that verifiesthe curriculum requirement and hours have beensuccessfully completed.The updated KDHE regulations for the cosmetology professions have been publishedand are now effective. Please print a copy of the new regulations for yourestablishment from our website:https://www.kansas.gov/kboc/Docs/Infection Control Regulations for Practitioners and Facilities.pdfA summary of the changes can be reviewed here:KDHE Cosmetology Profession Infection Control Regulations Updates-Summary of ChangesPlease carefully review the following Cosmetology Establishment Compliance resource reflecting the updates.This resource can be viewed separately on the Board’s Resource Page: ablishment-Compliance-Resources.pdfKansas Board of Cosmetologywww.kansas.gov/kboc3

Kansas Board of CosmetologyFreelance Beauty ServicesInspector FeedbackBlood Exposure Kits: Inspectorsare finding blood exposure kitsthat are missing necessarysupplies and some of theproducts have expired. Pleasemake sure to check your bloodexposure kits regularly to ensureall necessary supplies areavailable and products are notexpired.It has been brought to the Board’sattention that there is a misconceptionbeing widely distributed via theinternet and social media platforms thatlicensure is not required in Kansas for beautyservices if the person providing the service(s) is afreelance artist/stylist (self-employed).You must have a license issued by the Board toengage in the practice of cosmetology, esthetics, nailtechnology or electrology for compensation, even ifyou are a freelance artist/stylist or are selfemployed, unless exempt by K.S.A. 65-1902(b).Any form of compensation for these professionalservices requires licensure regardless of whether youare employed by a person, business entity, selfemployed or even taking donations. To review gs.htm.Pursuant to K.S.A. 65-1902(a)(1), no person shallengage in practice of cosmetology, esthetics, nailtechnology or electrology unless the person holds avalid license, issued by the Board, to engage in thatpractice.Pursuant to K.S.A. 65-1902(d), if the Boarddetermines that an individual has violated subsection(a), in addition to any other penalties imposed bylaw, the Board, in accordance with the Kansasadministrative procedure act, may issue a cease anddesist order against such individual or may assesssuch individual a fine of not to exceed 1,500, ormay issue such order and assess such fine. Indetermining the amount of fine to be assessed, theBoard may consider the following factors: (1)Willfulness of the violation, (2) repetitions of theviolation and (3) risk of harm to the public causedby the violation.Additionally, pursuant to K.S.A. 65-1902(e), it is acrime to engage in practice of cosmetology,esthetics, nail technology or electrology without avalid license issued by the board to engage in thatpractice. For information on how to apply for aKansas license please use the following link:54. How to apply for Kansas LicensureKansas Board of CosmetologyDisinfectant Solutions: Somesalons may be attempting to save money by cuttingcorners with disinfectants. Do not be tempted! It isnot worth the cost savings to endanger your staff andyour consumers by cutting corners.Your instruments need to be fully immersed indisinfectant, and the disinfectant is required to bechanged daily or more often if the disinfectant orbleach solution becomes visibly cloudy or dirty. Nodebris should be in your disinfectant because youshould be cleaning your instruments prior to placingthem in disinfectant.Wax PotsWax pots must be kept cleanand covered. A new stickmust be used each time wax isremoved from the pot. Usingthe opposite end of the stick isprohibitedbecausethelicensee has touched it. Youcan break your sticks in half to maximize their use.Wax can be directly applied to a new wax strip withthe same stick. Wax can also be placed in adisposable container and the same stick may be used.After completion of the service, the container andapplicator must be placed in a covered trash can.Remaining wax, including paraffin wax, shall not bereused and must be thrown in the trash. Applicatorsshall not be left standing in wax pots.You can prevent wax from sticking to the pot bycoating it with a thin film of baby oil. After eachclient, you will be able to easily wipe any waxdrippings on the wax pot.www.kansas.gov/kboc4

Kansas Board of CosmetologyNew FAQs:The Board has approved newFAQs based on inquires wehave received from licenseesand consumers.The newFAQ’s include braiding, lashservices and much more.All FAQs can be viewed on the Board’s FAQ page:https://www.kansas.gov/kboc/FAQ.htmWhat license do I need to become a lash artist?All eyelash services offered for compensation arethe practice of cosmetology. To offer eyelashservices for compensation in Kansas, you must be alicensed Cosmetologist or Esthetician and practicein a licensed facility.Do I need a license to provide hair braidingservices?Pursuant to K.S.A 65-1901: "Cosmetology" shallnot include a service that results in tension on hairstrands or roots by twisting, wrapping, weaving,extending, locking, or braiding by hand ormechanical device so long as the service does notinclude the application of dyes, reactive chemicalsor other preparations to alter the color of the hair orto straighten, curl or alter the structure of the hairand so long as the requirements of K.S.A. 65-1928,and amendments thereto are met. Nothing in thisparagraph shall be construed to preclude a licensedcosmetologist from performing the servicedescribed in this paragraph.Pursuant to K.S.A. 65-1928: For an individualengaged in hair braiding to be exempt from thepractice of cosmetology under K.S.A. 65-1901 andamendments thereto, such individual shall completethe self-test part of the brochure and keep thebrochure and completed self-test available at thelocation at which the individual is braiding hair.Pursuant to K.S.A 65-1928, The secretary of healthand environment (KDHE) shall develop a brochurecontaining information about infection controltechniques which are appropriate for hair braidingoutside the salon setting. This brochure shall bemade available through the department of healthand environment’s website or by mail, uponKansas Board of Cosmetologyrequest, for a fee to cover the department of healthand environment's printing costs. The brochure shallcontain a self-test with questions on the informationcontained in the brochure.Please use the following link to access the KDHEbrochure and completed self-test: 011.pdfIs wig fitting the practice of cosmetology?The Board determined on October 14, 2013, that ifthe person providing the wig fitting service is not ina licensed facility and are selling a product, it is notpracticing cosmetology and they would not need alicense.Wig fitting in a licensed facility requires the wigfitter to have a practitioner license to offer thisservice.Can we serve alcohol in the salon?While alcohol is no longer prohibited by the KansasBoard of Cosmetology, we do not regulate the saleor consumption of alcoholic beverages in the Stateof Kansas. Please contact the Department ofRevenue, Division of Alcoholic Beverage Control,for further guidance regarding alcoholic beveragelaws.You can contact the Department of Revenue, LiquorLicensing and Enforcement Division at (785) 2967015 or by email at abc.email@kdor.ks.gov.Board YouTube ChannelThe Board has created a YouTubechannel and has posted the new BloodExposure video. The Board hopes toprovide more educational videos onthis channel in the future. Do you have anysuggestions on what you would like to see? Pleaseemail Kboc@ks.gov with your suggestions.Curriculum Subcommittee MeetingsThe Board has been conducting open subcommitteemeetings to discuss needed updates to thecosmetology profession curricula. These meetingsare open to the public. If you feel you havesomething to offer to the discussion or just want tolisten in, you will find the notice and agenda on theBoard meetings page with the information on how toattend the meeting.www.kansas.gov/kboc5

Kansas Board of Cosmetologyearlier exam date due to employment restrictions.If you have not previously held a Temporary Permitlicense, have a complete Practitioner application onfile and you have not failed any exams, you mayapply for a Temporary Permit license: TemporaryPermit Application Examination InformationScheduling for Exams: The testing company is working diligently toprovide more exam dates available forscheduling. Here are some helpful tips to keep inmind that will ease the process of waiting for anexam date: Exam dates fill up fast! Testing facilities mustcomply with social distancing guidelines and areonly allowed to let a small number of candidatestest at the same time. Please visit the testingwebsite regularly for updates on the e/index.cfm If you need to reschedule your exams, you mustdo so by sending in a request up to seven (7)calendar days before your exam date. After thispoint, a schedule change is not allowed.Reschedule requests must be submitted inwriting through the contact support link with thetesting id contactExam fees are non-refundable and they will nottake rescheduling requests over the phone.Expediting Exams:Requests for an earlier exam date are ONLY forthose that have failed an exam and no longer have avalid Temporary Permit license.If you held a Temporary Permit license and itbecame null and void due to failing an exam and youare no longer able to work, you must log into https://cosmetologykansas.com/ and schedule for the nextavailable exam.You may submit a request to the Kansas Board ofCosmetology at kboc@ks.gov and request for anKansas Board of CosmetologyYou must be scheduled for your examsThe Temporary Permit license will be issuedto you and valid for 6 weeks after yourscheduled exam date.Only one Temporary Permit license can be issuedand will become null and void if you shall fail anyexam.Exciting News about Exam Locations:The Wichita location has added a new proctor andwill be increasing exam scheduling opportunities!The Great Bend location is now open for schedulingof the written and practical exams!Exam Updates:Check out the new Candidate Information Bulletinupdates. Exams were updated as of July 1, 2020:https://cosmetologykansas.com/handbooks.cfmAs of September 18, 2020, new helpful tips andexam reminders are available at xam.pdfEmergency disasterdeclaration extension oflicense expiration datesThe Governor has extended the state of emergencydisaster declaration for Kansas which extends thelicensure renewal deadlines to November 15th.Pursuant to Executive Order 20-64, all completerenewal applications for licenses expired or set toexpire between March 12, 2020 and November 15,2020, as well as any required continuing education,will be considered timely if received by the Board onor before November 15, 2020. However, the Boardwill consider the renewal application late and thelicense invalid if received after November 15, 2020,and a late fee will apply. You can review the fullnotice by clicking here.www.kansas.gov/kboc6

ee.Kansas Board of CosmetologyLicensing RemindersWelcome Kassiah!Establishments:*ATTENTION OWNERS* Ifyou are closing your establishment,you are required to timely notifythe Board. Please write the date of closing on yourestablishment license and send it to the Board office.Apprentice Licenses:*ATTENTION SCHOOL ADMINISTRATORS*If you have students that have graduated or are nolonger enrolled, please write the graduation ortermination date on the apprentice license and send itto the Board office. Please make sure their hours areupdated in Ergometrics and their status has beenupdated!Prior to enrollment, please be sure your studentshave a valid U.S. Government issued photoID and social security card. Both ID’s are requiredand must reflect each student’s current legal name.No other form of identification will be accepted bythe Board. Without the required ID and socialsecurity card, the apprentice application will not beconsidered complete and the Board will not be ableto issue the apprentice license to the school.To avoid any enrollment issues, schools may want toconsider ensuring that a potential student has all ofthe necessar

BOARD OF COSMETOLOGY NEWS Kansas Board of Cosmetology Fall 2020 Newsletter . establishment licensure issued by the board. On May 31, 2019, Ms. Barteau was assessed fines for unlicensed practice and was also issu