Can I Do Makeup Without A License In Kansas
Frequently Asked Questions
Disclaimer: The Kansas Board of Cosmetology maintains these FAQs as a public service to enhance public access to the Board's information and resources. These FAQs are non intended to accept the identify of statutory law, regulations, or guidance documents. These FAQs are meant to serve merely every bit general summary information and, consequently, exercise not constitute legal advice for your particular question, effect, or concern. Please consult your ain legal counsel for aid with your legal matters.
For the Consumer
What professions does the Board regulate?
What is the purpose of the Board?
Why should I care if a person or an establishment is licensed?
How can I find out if an establishment or practitioner is licensed?
How tin can I tell if an establishment or practitioner has been disciplined by the Board?
What is the proper procedure for cleaning and disinfecting pedicure equipment?
How can I tell if a pedicure basin has not been cleaned and disinfected?
What is the proper process for disinfecting nail technology instruments?
What are single-use items for manicure and pedicure services?
What should my practitioner practice if I am cut during a service?
What procedures can my esthetician perform?
I am interested in having my eyebrows done with microblading. Tin my esthetician perform this service?
How do I view an establishment's nearly recent inspection report?
How practise I know if a salon is using MMA (methyl methacrylate monomer) products?
Should I shave my legs before I receive a pedicure service?
What items are prohibited in blast, esthetics and cosmetology establishments?
What is a credo blade?
How do I file a complaint with the Kansas Consumer Protection Division?
General
Tin we serve alcohol in a licensed establishment?
How do I update my accost with the Board?
I received a "Detect of Required Remedial Activeness." What do I practice?
I lost my license, what do I do?
How do I change my establishment proper name?
I am moving. How do I become verification of my licensure to the state I am moving to?
I am licensed in another state. How do I get my Kansas license?
If I neglect any part of my initial licensure exam is my temporary license still valid?
What practise I do if I have a name modify?
How long will it take to receive my license?
How exercise I acquire a law volume?
Does Kansas have reciprocity with any other states?
What if I have a prior felony confidence?
I just failed my exam. How can I reschedule my exam?
When are licensure exams?
Does the Board of Cosmetology regulate medical spas?
What is a solid partitioning?
How do I file a complaint with the Kansas Consumer Protection Division?
Cosmetology
How exercise I know if a specific service or use of a device is inside in my scope of practise?
Is wig fitting the practise of cosmetology?
What license do I need to get a Lash Artist?
Are cuticle clippers prohibited by the Board?
What license practise I need to provide microblading and/or permanent cosmetic services?
Practice I need a license to provide hair braiding services?
Is Make-upwards artistry regulated in Kansas?
What licensure do I need to provide make-up services for compensation in Kansas?
Under what atmospheric condition can I apply brand-upwardly without licensure at a department shop or make-up counter?
Do I need a license to teach make-up?
Does a mobile establishment providing make-up services need to be licensed?
Do I need a license to provide brand-up services to a person at their habitation or office?
Do I need a license to provide brand-up services for a TV & film or commercial product?
Do I demand a license to provide make-up services in a salon or spa?
Do I need a license to provide freelance beauty services?
How tin can I make certain my establishment is prepared for inspection?
Are Dermaplaning and Milia Lancing services permitted within the practice of cosmetology or esthetics?
Is the utilise of a Class 1 medical device permitted within the exercise of cosmetology or esthetics?
Do I take to have a washing machine in my establishment?
What qualifies as well ventilated?
Are rolling carts allowed?
Tin I provide services to a person with lice or while I have lice?
Can an unlicensed braider provide braiding services in a licensed establishment?
Tin can a cosmetology profession establishment provide piercing services if it is limited to the earlobe?
Tanning
Does the owner of a tanning facility license take to be a trained tanning device operator?
Does the Board regulate airbrush tanning?
Does the Board regulate cherry light therapy?
What is considered a tanning facility?
Are physicians exempt from the Tanning Act?
What laws govern tanning facilities?
Does the police force prohibit minors from tanning?
Does the prohibition confronting minors tanning include tanning devices in a private residence?
Can a parent requite consent for their minor child to tan?
Tin a modest tan with a note from a doctor?
How can I make sure my staff is prepared for inspection?
Can I print my ain warning signs?
Practice I accept to provide eye habiliment?
What is the correct procedure for disinfecting center wear?
Who tin can clean and disinfect the tanning devices and center habiliment?
Does a trained tanning device operator have to exist present at all times when the facility is open?
What are the requirements for a tanning device operator?
What are the training requirements for a tanning device operator?
How do I obtain training?
What do I need to take to evidence that employees take been trained?
Are there any restrictions on distributing promotional materials regarding the benefits of tanning?
What do I do if a consumer is injured from a tanning device?
Trunk Fine art
What license practise I need to provide microblading and/or permanent cosmetic services?
How practice I become a licensed Body Art Practitioner?
What are the laws governing torso fine art?
Does the Board license mobile facilities?
Does the Board license special events?
Does the Lath permit out-of-land artists to provide services in a Kansas licensed establishment?
Can I perform services on a pocket-sized?
Do I have to perform a service for a minor if they have parental consent?
What is required on the client record?
Do I have to make a copy of my customer's identification?
Do I have to use the customer tape form provided by the Lath?
How long must a client tape be kept?
Where must before and after photographs of corrective procedures exist kept?
Can I tattoo or pierce a client who is significant?
Are there any restrictions on who may receive services also minors?
Am I required to date sterilization pouches?
If nosotros only use disposables in our store, practise nosotros take to have an autoclave?
Tin can I perform laser tattoo removal?
Tin can I utilize EliminInk?
How can I make certain my establishment is prepared for inspection?
Are piercing guns prohibited in body piercing establishments?
Are Dermal Anchors Prohibited in Kansas?
Complaints
What types of complaints does the Board investigate?
What types of complaints does the Board not investigate?
Are there limitations on the Board's dominance?
How do I file a complaint?
Volition my complaint be confidential?
What happens after I file a complaint?
How long does information technology have to investigate my complaint?
I received a letter in the mail about a complaint. What do I practice?
Fines
How practice I pay my fine?
What if I tin't pay the whole fine right now?
Practice I accept to pay my fine?
I received a letter in the mail virtually a fine. What do I practice?
Felony Reporting Mistakes
I received a letter asking for information virtually a felony conviction and I have never been convicted of a felony. What should I do?
Hearings
How do I request a hearing?
How long practise I take to request a hearing?
When and where will my hearing take identify?
What to await?
What exercise I need to bring to the hearing?
What if I desire to cancel my hearing asking?
Dorsum to Top
For the Consumer
What professions does the Board regulate?
The Board regulates cosmetology apprentices, practitioners, instructors, establishments and schools; body art apprentices, practitioners, trainers and facilities; and tanning facilities.
What is the purpose of the Board?
To protect the health and safety of the consuming public by licensing qualified individuals and enforcing high standards of practise.
Why should I intendance if a person or an establishment is licensed?
Because licensure ensures that the individual has received proper training and that they have demonstrated knowledge of infection command requirements. Farther, licensees are required to comply with the infection control regulations and are subject to inspection to maintain licensure. Please click here to view the Board'south consumer awareness page on the Board's website.
How can I find out if an establishment or practitioner is licensed?
The Board has a searchable license database bachelor on its website: https://www.kansas.gov/kboc/License_Verification.htm
How tin can I tell if an establishment or practitioner has been disciplined by the Lath?
Disciplinary Action Reports can exist plant on the Board's website.
What is the proper procedure for cleaning and disinfecting pedicure equipment?
Later on every consumer, the pedicure bowl must be cleaned and disinfected. The proper procedure can be constitute on the Board's website here.
How can I tell if a pedicure basin has non been cleaned and disinfected?
Look for residue in the bowl and on the drain cover. If the basin has a jet, ask the practitioner to remove it and disassemble it. If you hear a grating sound (foot scrub residue) when the jet is opened or you see visible hair, product or droppings in the jet assembly, it has non been cleaned and disinfected.
What is the proper procedure for disinfecting nail technology instruments?
After every consumer, the instruments must be cleaned with lather and water and and so rinsed. The instruments must and then be totally immersed in a bleach solution for 10 minutes or an EPA- registered disinfectant and disinfected according to the manufacturer's instructions, so rinsed and dried.
Always enquire to see instruments earlier they are used on y'all. If blast dust or nail clippings are present, the instruments have not been cleaned and disinfected.
What are single-use items for manicure and pedicure services?
The post-obit items may only be used once and must be thrown away after utilize.
Orange Sticks, Files, Buffers, Chamois Bits, Sanding Bands, Arbor Bands, Pumice Stones, Foot Files with Sandpaper Strip, Pedicure Liners, Cream Toe Separators & Flip Flops
Examine all items before they are used on you. Used nail files will have white lines and/or smash dust. Used pumice stones will have dead pare and product residue. Used flip flops will take a foot impression or dirt on the sole.
What should my practitioner exercise if I am cut during a service?
If you are cut, or your practitioner cuts themselves, the practitioner is required to stop the service and practise the following:
ane. Put on gloves;
2. Clean the cut with an antiseptic;
iii. Place a bandage over the cutting;
4. Clean and disinfect instruments, equipment, and surfaces exposed to blood; and
5. Double-purse and dispose of all contaminated items.
What procedures can my esthetician perform?
Kansas estheticians may only perform noninvasive procedures. "Noninvasive" is defined every bit procedures or services confined to the nonliving cells of the epidermis establish in the stratum corneum layer of the pare. The practice of esthetics shall non change, cut, or damage whatever living cells. If you are interested in a procedure that is invasive, you should consult a physician.
I am interested in having my eyebrows done with microblading. Tin my esthetician perform this service?
No. Microblading is the process of inserting dyes or pigments into the pare using a "pen" fitted with very fine needles. Microblading is tattooing and is exterior the telescopic of do for cosmetologists and estheticians. If you are interested in microblading, yous should contact a Kansas licensed tattoo artist.
How do I view an institution's most recent inspection written report?
Go to the Board's license verification page to expect up the establishment license information and view the most recent inspection report on the license details page by clicking the report detail link at the lesser of the folio.
How do I know if a salon is using MMA (methyl methacrylate monomer) products?
MMA products volition have a potent unusual aroma, the nails will be difficult to file and will take more than than an hour to soak off with solvents that should take no more than 30 minutes. MMA products are prohibited in Kansas. Learn more virtually MMA products by clicking here.
Should I shave my legs before I receive a pedicure service?
No. Freshly shaven legs tin can let bacteria to enter your trunk. Please utilise the following link to review the Board's Boom Service Safety Guide available on the Board's consumer awareness website folio.
What items are prohibited in nail, esthetics and cosmetology establishments?
Credo Blades or other razor type devices that remove calluses
Neck Dusters
Nail Dusters
MMA (methyl methacrylate monomer) Products
What is a credo blade?
The credo blade is a razor type device used to remove calluses and is prohibited in all nail, esthetics and cosmetology establishments in Kansas.
How do I file a complaint with the Kansas Consumer Protection Sectionalisation?
Have yous purchased a product, preparation grade, device or equipment for your business simply to learn that product, preparation course, device or equipment is not commanded under your electric current scope of licensure pursuant to Kansas Statutes and regulations?
The beauty industry is often targeted with quick coin-making scams promoting fake claims to consumers regarding utilise, safety and effectiveness of a product, device, equipment or even the ability to provide a service using such products, devices and equipment under your scope of licensure in Kansas. Being the victim of these scams tin exist costly and could potentially lead to consumer injuries and fines for operating outside the telescopic of your licensure. It tin be very frustrating to spend your coin on a grooming grade or equipment for a service or with a new device or production only to discover out, contrary to the data provided, that you lot must also be supervised past a doctor to provide such services or obtain additional licensure.
The Kansas Consumer Protection Act (KCPA) is a constabulary to help protect Kansas consumers from deceptive or fraudulent business practices. To be covered under the KCPA, a business organisation must meet the definition of "consumer", which is divers past the KCPA as "an private, husband and married woman, sole proprietor, or family partnership who seeks or acquires holding or services for personal, family unit, household, business organization or agricultural purposes."
If y'all accept been a victim of or have been targeted by harmful beauty industry scams, delight file a complaint with the Kansas Consumer Protection Partitioning so it tin can exist properly investigated: https://ag.ks.gov/complaint-center/consumer.
For additional questions, yous may contact the consumer protection hotline: ane-800-432-2310 | (785) 296-3751 | Fax: (785) 291-3699.
General
Can nosotros serve alcohol in a licensed establishment?
While alcohol is no longer prohibited by the Kansas Board of Cosmetology, we do non regulate the sale or consumption of alcoholic beverages in the Country of Kansas. Please contact the Department of Revenue, Segmentation of Alcoholic Beverage Control, for further guidance regarding alcoholic potable laws.
Y'all can contact the Section of Acquirement, Liquor Licensing and Enforcement Division at (785) 296-7015 or by email at abc.e-mail@kdor.ks.gov.
How do I update my address with the Lath?
Please use the following link to admission the Address Update page for detailed instructions on how to change your address online: Address Update.
Facilities:
A consummate change of location requires a new facility application.
I received a "Notice of Required Remedial Activity." What do I do?
Whenever an institution has half-dozen (half dozen) or more violations at an inspection, the establishment is considered to be out of compliance. The Board will so send you a "Notice of Required Remedial Action" to which you must reply.
Included with the notice is the "Remedial Action Grade and Affidavit." This course lists each of the violations from your last inspection. Expect at the questions on your about contempo inspection sheet to see what each particular violation is. Then, in the box under "Remedial Action" on the grade, write what you have washed to correct the violation. You may attach a dissever canvass if you lot need more than space.
Send the course and any additional pages to the Board part by email, mail service or fax. This grade should be sent to the Board office within 20 days of the date on the notice.
Please note, you are not beingness fined at this time. If you receive a "Discover of Required Remedial Activity" it simply means violations were found within the facility during your recent inspection and the facility is currently out of compliance. Correcting the violations volition assistance ensure the facility remains in compliance and mayhap avoid future Disciplinary Actions that may result in a fine. For farther information on what constitutes a fine, please refer to the Fine Schedule.
I lost my license, what do I exercise?
Complete the duplicate license application and submit to the Board office with the $25 processing fee.
How do I change my establishment name?
Consummate the facility name and/or owner change form and submit to the Board office.
I am moving. How do I get verification of my licensure to the state I am moving to?
Complete the licensure and training verification form, and submit it with the $20 processing fee.
I am licensed in another state. How do I get my Kansas license?
Complete the applicable out of state awarding and meet the Board's requirements for licensure.
Cosmetology, esthetics and electrology practitioners: Cosmetology, Esthetics and Electrology: Out of State License Awarding
Manicuring practitioners: Manicurist: Out of State License Awarding
Cosmetology profession instructors: Instructor Out of Country Awarding
Body art profession practitioners: Out of Land Awarding for Examination
Military fellow member or spouse: Military machine Member or Spouse: Out of Land License Awarding
If I neglect any part of my initial licensure test is my temporary license still valid?
No. The temporary license is null and void at that moment.
What do I exercise if I have a name change?
Submit the name and address change form according to the directions provided on the grade.
How long volition it take to receive my license?
Work is candy in the society information technology is received. Please permit at to the lowest degree ten business days for processing before checking the condition of your application. When your application is candy, you lot will be notified of the status of your application and whatsoever additional steps needed to obtain a Kansas license.
How do I acquire a police force book?
The Board provides the constabulary book in several formats delight refer to the Police force Book Resource document to find the 1 that is right for y'all.
Does Kansas have reciprocity with any other states?
No. Every cosmetology profession bidder must complete the out of state application and run into the Lath's requirements for licensure.
Every torso art bidder must accept and laissez passer the Kansas exam and encounter the Board'south requirements for licensure. To apply for the examination, complete the out of state examination application and submit the awarding and the required documentation to the Board function.
What if I have a prior felony conviction?
Click here to read information nearly the felony review process and find a printable checklist.
I just failed my exam. How can I reschedule my exam?
Get to the testing company website. Sign in and follow the same steps you used to schedule your initial exams. If you accept any bug with your scheduling or you do not remember your user name and password you will need to contact the testing company.
When are licensure exams?
Click here to encounter the open up dates available for test.
Does the Board of Cosmetology regulate medical spas?
No. For more information regarding the licensing and regulation of medical spa'due south please contact The Kansas Board of Healing Arts.
What is a solid partition?
The Lath determined on March 8, 2021, that a solid partition is divers as something that divides the space and is not interrupted by a break or opening and has a texture that is close and not loose or spongy. The division may comprise a door if it remains closed, except for inbound and leaving. The solid sectionalisation must completely divide the two spaces and non allow persons to motility freely between the ii spaces. (Board Policy 001-21)
How do I file a complaint with the Kansas Consumer Protection Division?
Take yous purchased a product, grooming course, device or equipment for your business but to larn that product, grooming form, device or equipment is not allowable under your current scope of licensure pursuant to Kansas Statutes and regulations?
The beauty industry is ofttimes targeted with quick money-making scams promoting simulated claims to consumers regarding utilize, safety and effectiveness of a production, device, equipment or even the ability to provide a service using such products, devices and equipment nether your telescopic of licensure in Kansas. Being the victim of these scams can be costly and could potentially atomic number 82 to consumer injuries and fines for operating outside the scope of your licensure. It can be very frustrating to spend your money on a training class or equipment for a service or with a new device or product merely to observe out, reverse to the information provided, that you lot must besides be supervised past a doctor to provide such services or obtain additional licensure.
The Kansas Consumer Protection Human action (KCPA) is a law to help protect Kansas consumers from deceptive or fraudulent business practices. To exist covered under the KCPA, a business organisation must see the definition of "consumer", which is divers by the KCPA as "an individual, husband and wife, sole proprietor, or family partnership who seeks or acquires property or services for personal, family unit, household, business organization or agricultural purposes."
If you lot have been a victim of or have been targeted by harmful beauty industry scams, please file a complaint with the Kansas Consumer Protection Sectionalization so it tin be properly investigated: https://ag.ks.gov/complaint-center/consumer.
For boosted questions, you may contact the consumer protection hotline: 1-800-432-2310 | (785) 296-3751 | Fax: (785) 291-3699.
Cosmetology
How do I know if a specific service or device is within my scope of practice?
The Lath does not provide guidance on whether a specific service or device falls under a particular license/telescopic of do in the State of Kansas. It is the licensed practitioner(s) and establishment possessor(s) sole responsibility to be familiar with the laws & regulations equally they pertain to their profession, and to seek their own legal counsel to determine if the service(due south) and/or device(south) autumn inside their scope of practice.
Withal, we can provide direction to the appropriate statutes and regulations as they pertain to your profession and research.
Delight refer to:
Thou.S.A. 65-1901. Definitions.
K.S.A. 65-1902. Prohibited acts; exclusions from act; license as cosmetology technician; penalties for violations.
K.A.R. 28-24-14 Prohibitions.
Other helpful resource:
Cosmetology Institution Compliance
Infection Command Regulations for Cosmetology Profession Practitioners and Facilities
Lawbook Resources
If you take further concerns and/or require estimation of statutes and regulations provided above, please seek the assist of a private licensed chaser. If y'all do not accept a private chaser, the Kansas Bar Clan Lawyer Referral Service at ane-800-928-3111 (kanconnect@ksbar.org) or The Kansas Legal Services at 1-800-723-6953 (www.kansaslegalservices.org) may be of assistance.
Is wig plumbing fixtures the practice of cosmetology?
The Board adamant on October 14, 2013, that if the person providing the wig fitting service is not in a licensed facility and are selling a production, it is not practicing cosmetology and they would not need a license.
Wig plumbing equipment in a licensed facility requires the wig fitter to take a practitioner license to offer this service.
What license practice I demand to become a Lash Artist?
All eyelash services offered for compensation is the practise of cosmetology. To offering eyelash services for bounty in Kansas, you must be a licensed Cosmetologist or Esthetician and practice in a licensed facility.
Are cuticle clippers prohibited the Board?
No
What license do I demand to provide microblading and/or permanent cosmetic services?
In guild to provide microblading and or permanent cosmetics in the state of Kansas (outside of working nether a private physician), you will demand to obtain a tattoo or a cosmetic tattoo license. Y'all tin access Information on how to obtain a tattoo or cosmetic tattoo license past using the following link: How exercise I become a licensed Trunk Art Practitioner?
Practise I need a license to provide pilus braiding services?
Pursuant to K.S.A 65-1901: "Cosmetology" shall not include a service that results in tension on hair strands or roots by twisting, wrapping, weaving, extending, locking, or braiding by mitt or mechanical device and so long every bit the service does non include the application of dyes, reactive chemicals or other preparations to alter the color of the hair or to straighten, ringlet or modify the construction of the pilus then long as the requirements of Chiliad.South.A. 65-1928, and amendments thereto are met. Nothing in this paragraph shall be construed to foreclose a licensed cosmetologist from performing the service described in this paragraph.
Pursuant to One thousand.S.A. 65-1928: For an individual engaged in pilus braiding to exist exempt from the practice of cosmetology under Yard.S.A. 65-1901 and amendments thereto, such individual shall consummate the self-test part of the brochure and continue the brochure and completed self-exam available at the location at which the individual is braiding hair.
Pursuant to K.Due south.A 65-1928, The secretary of health and surroundings (KDHE) shall develop a brochure containing data about infection command techniques which are advisable for hair braiding outside the salon setting. This brochure shall be made available through the section of wellness and environment's website or by mail, upon request, for a fee to cover the department of health and environment's printing costs. The brochure shall incorporate a cocky-test with questions on the data contained in the brochure.
Delight use the following link to access the KDHE brochure and completed self-test: https://www.kdhe.ks.gov/DocumentCenter/View/21120/Pilus-Braiding
Is Make-up artistry regulated in Kansas?
The application of make-up for compensation is the practice of cosmetology and requires licensure.
What licensure do I demand to provide brand-upward services for compensation in Kansas?
A cosmetology or esthetics practitioner and institution license is required.
Under what weather condition can I utilise brand-up without licensure at a department store or brand-up counter?
The application of the make-up must exist related to the auction of the make-upward product and no compensation for the awarding of the make-up can transpire betwixt the person applying the make-up and the prospective buyer.
Practice I need a license to teach brand-upwards?
It is a violation of constabulary to conduct a school for cosmetology unless the person holds a valid license. It is also a violation of law to teach cosmetology in a licensed schoolhouse or clinic unless the person holds a valid instructor'southward license.
Does a mobile establishment providing brand-up services demand to be licensed?
Mobile establishments providing cosmetology services for compensation must obtain a mobile establishment license and the services must be provided past a licensed practitioner.
Do I need a license to provide make-upward services to a person at their dwelling house or office?
Cosmetology services provided for compensation require licensure. Licensed practitioners must provide services in licensed establishments except they may provide services to a person at that person's dwelling house or office if a Argument of Functioning of Cosmetology Services Outside a Licensed Establishment is approved and on record with the Board.
Do I demand a license to provide make-upwardly services for a Goggle box & motion picture or commercial production?
Cosmetology services provided for bounty require licensure. Licensed practitioners must provide services in licensed establishments except they may provide services to a person at that person's home or part if a Argument of Performance of Cosmetology Services Outside a Licensed Establishment is approved and on tape with the Board.
Exercise I demand a license to provide make-upwards services in a salon or spa?
The awarding of make-up for compensation is the practice of cosmetology requiring the applicable practitioner license. It is a violation of law for an establishment licensed by the Board to utilise or allow whatsoever unlicensed private to engage in any activity for which a license is required.
Practice I need a license to provide freelance beauty services?
Y'all must have a license issued by the Board to engage in the exercise of cosmetology, esthetics, smash engineering or electrology for compensation, even if y'all are a freelance artist/stylist or are self-employed, unless exempt past G.S.A. 65-1902(b). Any class of compensation for these professional services requires licensure regardless of whether you are employed past a person, business organization entity, self-employed or even taking donations.
To review the constabulary, go to: https://www.kansas.gov/kboc/ StatsandRegs.htm.
Pursuant to K.Southward.A. 65-1902(a)(1), no person shall engage in do of cosmetology, esthetics, nail engineering science or electrology unless the person holds a valid license, issued past the Lath, to engage in that practice.
Pursuant to One thousand.S.A. 65-1902(d), if the Lath determines that an individual has violated subsection (a), in addition to any other penalties imposed by police, the Board, in accord with the Kansas authoritative procedure act, may consequence a stop and desist order confronting such private or may appraise such individual a fine of not to exceed $1,500, or may upshot such society and assess such fine. In determining the amount of fine to be assessed, the Board may consider the following factors:
i. Willfulness of the violation
2. repetitions of the violation and
iii. hazard of impairment to the public caused by the violation.
Additionally, pursuant to G.S.A. 65-1902(e), it is a offense to engage in practice of cosmetology, esthetics, nail technology or electrology without a valid license issued past the board to engage in that practice. For data on how to use for a Kansas license delight use the following link: How to apply for Kansas Licensure.
How can I brand certain my institution is prepared for inspection?
Y'all may find it useful to apply the Board's self-inspection checklists available on the Lath's website resource folio.
Cocky-Inspection Checklist-Cosmetology Professions
You lot may too download the Lath'due south app by searching for 'Kansas Lath of Cosmetology' in the app shop or Google Play. You tin electronically complete a self-inspection directly from the app.
Are Dermaplaning and Milia Lancing services permitted inside the practice of cosmetology or esthetics?
On May 13th, 2019, the Kansas Lath of Cosmetology canonical the use of lancets and scalpels by licensed cosmetologists and licensed estheticians when performing the beauty modalities of Milia Lancing and Dermaplaning. These procedures are for esthetic purposes only and are permitted inside the scope of practise as they are noninvasive and confined to the nonliving cells of the epidermis found in the stratum corneum layer of the pare. These practices practise non alter, cut or damage any living cells as is prohibited in KAR 28-24-fourteen (5). Additionally, the apply of the scalpel in Dermaplaning is merely for exfoliation and pilus removal and is not permitted to be used to remove calluses or skin blemishes as prohibited by KAR 28-24-14 (4). https://world wide web.kansas.gov/kboc/Newsletters/Bulletin_2019-01.pdf
Is the use of a Class 1 medical device permitted inside the exercise of cosmetology or esthetics?
Afterward review of KSA 65-1902(a)(12) the Lath determined on May thirteen, 2019, through reasonable interpretation of the statutory prohibition, that grade ane medical devices registered with the FDA and approved by the FDA for full general use, not required to be used under order of a physician, are not subject to this prohibition equally long as they are existence used for esthetic, not medical purposes. To provide further explanation of the reasonable interpretation of this statute, some examples of course one medical devices registered with the FDA and approved for general use include surgical trays, rubber gloves, and gauze. It is axiomatic that the Board must use discretion in interpreting this statutory prohibition as to enforce information technology without so would be an inappropriate application of the police force. https://www.kansas.gov/kboc/Newsletters/Bulletin_2019-01.pdf
Do I take to have a washing auto in my establishment?
Linens are required to exist cleaned in a washing machine with detergent and hot water and dried until no wet remains on the fabric. The washing machine used is not required to be in the establishment.
What qualifies likewise ventilated?
If your establishment is well ventilated, air would be moving freely and there would be no fumes, vapor and grit buildup that could cause chancy conditions. Depending on the size of the establishment and the services being provided, an owner may need to add more ventilation to ensure the health and safe of the practitioners providing services and the consumers receiving them. Please click hither to review the information on Indoor Environmental Quality provided on the National Institute for Occupational Safety and Health (NIOSH) website.
Are rolling carts immune?
Rolling carts are non prohibited. Inspectors must take access to the cart during inspection as requested and the cart and whatsoever linens, capes, instruments, equipment, single-use items, products or containers that are inside the cart are to exist kept in compliance with the electric current health and sanitation regulations for your profession.
Tin can I provide services to a person with lice or while I have lice?
No, a practitioner is prohibited from providing services to a person with lice or while having lice including head, torso or pubic unless a statement is signed by a licensed medico stating that the communicable disease or status is not infectious, contagious or in a communicable stage. Lice is considered a communicable disease or condition. If a service has been started and a practitioner discovers that a consumer has lice, the practitioner shall perform the following:
1) Cease services immediately in a safe style.
2) Inform the consumer why the service was stopped.
3) Clean and disinfect all afflicted tools, work areas, and waiting areas.
Can an unlicensed braider provide braiding services in a licensed institution?
Braiding services provided by unlicensed individuals are permitted in a licensed institution, in a separate space with the agreement that they must adhere to infection command regulations and the separate space is subject to inspection. Additionally, the required KDHE brochure must be posted in the separate infinite and limitations to the braiding exemption must be adhered to by the unlicensed private. Click here to view the brochure. Infinite used for unlicensed braiding must be separated past a solid partition from the licensed cosmetology braiding services. You can view the Board's separation guidance policy here.
Tin a cosmetology profession institution provide piercing services if it is limited to the earlobe?
No, although G.S.A. 65-1940 excludes the earlobe from the definition of torso piercing, invasive services are outside the scope of practice for the cosmetology professions pursuant to M.S.A 65-1901. The practice of cosmetology, smash technology, or esthetics shall not alter, cut, or damage whatsoever living cells pursuant to K.A.R. 28-24-one (I).
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Tanning
Does the owner of a tanning facility license have to be a trained tanning device operator?
No.
Does the Lath regulate airbrush tanning?
No.
Does the Board regulate ruby-red light therapy?
No. However, red lite therapy bulbs may not be used in tanning devices.
What is considered a tanning facility?
"Tanning facility" means any facility, whether independent or role of a salon, wellness spa or any other facility, which provides admission to tanning devices but shall not include private residences if access to tanning devices is provided without charge.
Are physicians exempt from the Tanning Deed?
Yes. The Tanning Act does not apply to the apply of a phototherapy device past or nether supervision of a person licensed to practise medicine and surgery.
What laws govern tanning facilities?
Tanning Act – K.S.A. 65-1920 et seq.
Tanning Health and Sanitation Regulations – K.A.R. 28-24a-ane et seq.
Tanning Administrative Regulations – 1000.A.R. 69-12-i et seq.
Does the law prohibit minors from tanning?
Aye. As of July one, 2016, an individual under the age of xviii may not be allowed to use a tanning device.
Does the prohibition against minors tanning include tanning devices in a private residence?
No, so long equally in that location is not a accuse to apply the device.
Can a parent give consent for their minor child to tan?
No.
Can a pocket-size tan with a note from a doctor?
No.
How can I brand certain my staff is prepared for inspection?
You may find it useful to keep a folder or notebook with a log of all trained tanning device operators and bulb compatibility sheets for like shooting fish in a barrel viewing by the inspector and to minimize interruptions to staff during an inspection.
You lot tin download a Log of Tanning Training from the Board's website. If you are not sure that y'all have a bulb compatibility sail for each blazon of device in your facility, you tin contact your benefactor and they will ship you a copy.
You may likewise find it useful to utilize the Board's self-inspection checklists available on the Board's website resources page.
Self-Inspection Checklist- Tanning Facilities
You may as well download the Board'due south app by searching for 'Kansas Board of Cosmetology' in the app store or Google Play. You can electronically consummate a cocky-inspection directly from the app.
Tin can I print my ain alarm signs?
Yes, as long every bit they incorporate the required language and are printed on an 8 ½ x 11 sheet of paper. The signs do not have to be printed on a certain color of paper. You can print the signs from the Board'southward website resources page.
Exercise I accept to provide center clothing?
Yes. Before each employ of a tanning device, the operator shall provide the client with protective middle wear which meets the standards of championship 21, function 1040.20 of the code of federal regulations. The operator may not allow a person to use a tanning device if that person does not use the protective heart wear.
What is the correct process for disinfecting heart wear?
Reusable heart wear may only exist disinfected by a tanning device operator and consumers may never disinfect centre wear.
Proper disinfecting steps:
Make clean with soap and water;
Rinse and dry;
Place in disinfectant for full contact time;
Rinse and dry.
Who can clean and disinfect the tanning devices and eye wear?
Only a trained tanning device operator may make clean tanning devices and eye vesture.
Does a trained tanning device operator take to be present at all times when the facility is open up?
Yes.
What are the requirements for a tanning device operator?
One of the nearly common violations for tanning facilities is failure to have a tanning device operator present. The tanning device operator is an individual who has received training and who is responsible for the operation of all tanning devices.
A trained tanning device operator:
Must be present during operating hours and whenever a tanning device is operated;
Provides the customer with eye vesture;
Controls the performance of the tanning device;
Instructs consumers on the proper functioning of the tanning device;
Places any towels used by a consumer in a covered container after utilise;
Disinfects the tanning device and eye wear after each employ.
"Bed cleaners" are not permitted.
What are the preparation requirements for a tanning device operator?
A tanning device operator must have knowledge of:
Lath regulations;
Procedures for correct operation of the facility;
Recognition of injury or overexposure;
Manufacturer's procedures for operation and maintenance of tanning devices; and
Emergency procedures for injuries.
How do I obtain preparation?
Training may be obtained from a professional tanning organization or training may be provided in-house past a trained tanning device operator. See the Lath'due south website for a listing of professional organizations that offer training.
What do I need to accept to show that employees have been trained?
The facility must have a log of all trained operators and verification of training. Verification may be a certificate of completion or documentation of in-firm grooming. The Lath provides a Log of Tanning Preparation form which tin be obtained from our website.
Are at that place any restrictions on distributing promotional materials regarding the benefits of tanning?
Aye. A tanning facility shall not claim or distribute promotional materials that claim that using a tanning device is prophylactic or free from risk.
What do I exercise if a consumer is injured from a tanning device?
Tanning facilities are required to file a written report with the Board if a consumer is injured using a tanning device.
The report must be filed within five working days of the injury or within five days of when the injury was brought to the facility owner's attention.
The report must include the following:
1. The name of the individual;
2. Name and address of the tanning facility;
3. The nature of the injury; and
4. Whatsoever other information considered relevant to the situation.
The in a higher place information can be mailed to the Lath or sent via email to kboc@ks.gov.
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Torso Art
What license do I need to provide microblading and/or permanent cosmetic services?
In social club to provide microblading and or permanent cosmetics in the land of Kansas (outside of working under a private dr.), you lot will need to obtain a tattoo or a cosmetic tattoo license.
How do I become a licensed Body Art Practitioner?
Kansas constabulary requires that each applicant for Kansas Board of Cosmetology licensure be a high school graduate or have attained the "equivalent thereof."
You must submit the awarding provided by the Kansas Board of Cosmetology and meet the following criteria
- 1,200 hours of preparation, with the training being provided under the straight supervision of a licensed trainer in a licensed institution as outlined in Kansas Administrative Regulation (G.A.R.) 69-15-2;
- Verification of at least 50 completed procedures for body art services provided by the amateur during the training by submitting the completed Body Art Amateur Customer Logs.
- An official transcript of your high school graduation or GED direct from the issuing political party;
- A current government issued photo ID (for example, driver's license) is requested for verification of nascence. To fully comply with Kansas law; a clear and legible copy of this document must be submitted; and
- The apprentice must provide verification of completion of 8 (8) hours of Lath approved grooming in blood borne pathogens and/or infection control in add-on to the required infection control subject affair outlined in K.A.R. 69-fifteen-2.
Please click here for the Kansas constabulary and regulation as they pertain to Kansas licensure.
Once the documents are submitted your application will be reviewed for compliance with Kansas police force. At that time, you lot volition exist informed of the awarding status.
You lot volition be required to take the State Board exams. Once compliance is determined you will be contacted regarding examination fees and scheduling of the test.
Please also be informed that to practise tattoo, body piercing or cosmetic tattoo services in Kansas without a valid Kansas license is a violation of Kansas police and may bailiwick yous to legal activeness. Likewise, a facility that employs an unlicensed private is in violation of Kansas police force and may likewise exist subject to legal action.
Experience free to contact our function if you have questions or need additional information.
What are the laws governing body fine art?
Body Art Human activity – K.South.A. 65-1940 et seq.
Body Art Health and Sanitation & Authoritative Regulations – K.A.R. 69-xv-1 et seq.
Does the Board license mobile facilities?
No. Mobile facilities are not permitted.
Does the Board license special events?
The Board does not consequence a special license for events, but if the location where the result volition be held meets the requirements for institution licensure, the Board will issue an establishment license. A checklist of requirements tin be constitute in the Body Art Establishment Application.
Does the Board permit out-of-land artists to provide services in a Kansas licensed establishment?
No.
Can I perform services on a minor?
Yes, as long equally you obtain the prior written and notarized consent of the parent or court appointed guardian and the person giving such consent is nowadays during the procedure. The written permission and a copy of the letters of guardianship when such permission is given by a guardian, shall be retained by the person administering the service for a flow of five years.
Practise I take to perform a service for a small if they have parental consent?
No.
What is required on the client record?
Each tape shall include the name and accost of the customer, the date and duration of each service, the type of identification presented, and the type of services provided.
Do I have to make a copy of my client'southward identification?
No.
Do I take to apply the client tape form provided past the Lath?
No.
How long must a client record be kept?
Five years.
Where must earlier and after photographs of corrective procedures be kept?
All earlier and after photographs of corrective procedures must be kept with the client tape. K.A.R. 69-15-15(east)
"Each licensee providing tattoo or cosmetic tattoo services for cosmetic procedures shall take photographs before and after service. These photographs shall be maintained co-ordinate to subsection (b)."
The regulation refers us to subsection (b) in K.A.R. 69-xv-fifteen which states: "Each licensee shall keep an private record of each client for at least five years. Each record shall include the proper noun and address of the customer, the appointment and duration of each service, the blazon of identification presented, and the blazon of services provided."
Can I tattoo or pierce a client who is pregnant?
The only requirement regarding pregnancy is to provide the customer with preservice information.
Are there any restrictions on who may receive services besides minors?
Yes. Yous may not provide services for a person who is inebriated or appears to exist incapacitated past the use of alcohol or drugs; whatever person who shows signs of recent intravenous drug use; a person with sunburn or other peel diseases or disorders, including open lesions, rashes, wounds, or puncture marks; or whatever person with psoriasis or eczema nowadays in the treatment expanse.
Am I required to date sterilization pouches?
No.
If we just use disposables in our store, exercise we have to have an autoclave?
No. An institution that but uses disposable instruments is not required to possess an autoclave. All the same, if an establishment is using just disposable instruments and in that location is no autoclave on site, there should not be any instruments that require sterilization nowadays. If, during an inspection, instruments are constitute that require sterilization and an inspector cannot verify that the facility possesses an autoclave or that the instruments have been sterilized past a tertiary party, possessing such instruments may event in disciplinary action.
Can I perform light amplification by stimulated emission of radiation tattoo removal?
No. The Kansas Lath of Healing Arts regulates the use of light-based devices.
Can I employ EliminInk?
No. EliminInk works by implanting a solution into pare tissue that bonds with the ink and draws it out of the skin. The solution is non an ink or paint and besides contains a scar-inhibiting product called DermRenu.
"Tattooing" is divers as the process past which the peel is marked or colored by insertion of nontoxic dyes or pigments past use of a needle into or under the subcutaneous portion of the peel so as to form indelible marks for cosmetic or figurative purposes. EliminInk does non meet the definition of tattooing and therefore the process is non within the scope of practice for a tattoo artist.
How can I make sure my establishment is prepared for inspection?
You may find it useful to utilize the Board's self-inspection checklists available on the Board's website resources page.
Self-Inspection Checklist-Body Art Professions
You may also download the Board's app by searching for 'Kansas Board of Cosmetology' in the app store or Google Play. Yous tin electronically consummate a cocky-inspection directly from the app.
Are piercing guns prohibited in torso piercing establishments?
No, a piercing gun is not prohibited in a body piercing establishment. Using a piercing gun to pierce any part of the body except the earlobe is prohibited.
Are Dermal Anchors Prohibited in Kansas?
Dermal Anchoring (Too referred to as Surface Anchoring, Unmarried-Indicate Piercings, Microdermals)
Pursuant to K.Due south.A. 65-1940(grand) of the laws relating to tattooing and body piercing, "trunk piercing" means puncturing the skin of a person with needles designed to puncture skin for the purpose of inserting removable jewelry. Still, this act does not allow a licensed body piercer to implant or embed foreign objects or otherwise engage in the practice of medicine and surgery. The practice of medicine and surgery is regulated by the Board of Healing Arts and y'all should contact them with any questions regarding this procedure. Yet, as long as y'all are providing services in compliance with our definition of body piercing and meet all other requirements nether the deed, in that location is no violation of the laws relating to tattoo and body piercing under the Board of Cosmetology.
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Complaints
What types of complaints does the Lath investigate?
•Unlicensed individuals and establishments
•Health and sanitation violations
•Fraud, False/Deceptive Advertizement
What types of complaints does the Board not investigate?
•Fee and toll disputes
•Poor customer service
•Dissatisfaction with service provided
Are there limitations on the Board's say-so?
Yep. The Board cannot provide you with legal advice or obtain monetary damages to compensate you lot or to resolve fee disputes, which are ceremonious matters. If you are seeking reimbursement for medical expenses or other damages, delight consult an attorney.
The Board cannot impose criminal penalties. If you lot believe your allegations may constitute a criminal offense, delight contact your local law enforcement agency.
How practice I file a complaint?
All complaints should exist submitted in writing on the Board Complaint Form. Consummate the Complaint Grade and provide all requested information. Adhere copies of any documents which relate to your complaint and electronic mail, fax or post it to the Board role.
You may also download the Board'due south app by searching for 'Kansas Board of Cosmetology' in the app store or Google Play. Y'all can electronically complete and submit the Complaint Form direct from the app.
Will my complaint exist confidential?
Your complaint will become a public record. In addition, a copy of the complaint may be sent to the licensee/individual who is the subject of the complaint. You may also be asked to complete a sworn affirmation and/or called on to produce evidence or testify regarding your allegations.
What happens after I file a complaint?
Upon receipt of your complaint, the Lath will make up one's mind if your complaint comes under the Board's authorization. If the Board determines that your complaint is a possible violation of laws regulated by the Board, it will be investigated and you may be contacted for additional information.
In some complaints, we will determine that the matter should be airtight, and in others, we will seek and may obtain discipline against the licensee/individual.
If the complaint results in disciplinary action, the licensee/individual will have the opportunity to request a hearing. You may exist asked to testify at the hearing.
Click here to view the Board'south complaint policy.
How long does it have to investigate my complaint?
The Board endeavors to resolve all complaints promptly. Some matters will take longer than others to resolve due to the nature and complexity of the complaint.
I received a letter in the mail about a complaint filed against me. What do I do?
Representatives of the Kansas Board of Cosmetology are unable to discuss the nature of the complaint with you or take a statement over the phone.
You are encouraged to read the letter in full and/or seek the communication of a private licensed chaser if needed. The letter outlines the allegations made and requires a response in writing. Your written response may be submitted via email to kboc@ks.gov.
Click hither to view the Board'due south complaint policy.
If you have further concerns and/or require interpretation of statutes and regulations provided higher up, please seek the assistance of a private licensed chaser. If you do not take a private attorney, the Kansas Bar Association Lawyer Referral Service at 1-800-928-3111 (kanconnect@ksbar.org) or The Kansas Legal Services at 1-800-723-6953 (www.kansaslegalservices.org) may be of help.
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Fines
How do I pay my fine?
You can submit a check or money club to our office in the regular postal service, please make certain to note the case number on the memo line of the bank check/money order. Credit carte payments may be accepted via the payment portal located on our website.
What if I can't pay the whole fine right now?
Submit correspondence via mail service or email to our part requesting a payment programme and staff volition contact you to set up a Payment Agreement.
Exercise I have to pay my fine?
Yep. Failure to brand timely payment may result in disciplinary action on your license.
I received a letter in the post about a fine. What practise I exercise?
Please use the post-obit link to view a listing of constructive instance numbers by month: https://www.kansas.gov/kboc/DisciplinaryActionReports.htm
Legal activeness has been taken, representatives of the Kansas Board of Cosmetology are unable to discuss the nature of the violation warranting the issued fine.
You are encouraged to read the Summary Proceeding Guild in full and/or seek the advice of a individual licensed attorney if needed. The order outlines your rights and responsibilities as the respondent of the society.
If you take farther concerns and/or require estimation of statutes and regulations provided above, please seek the aid of a private licensed attorney. If you practise not have a private attorney, the Kansas Bar Association Lawyer Referral Service at one-800-928-3111 (kanconnect@ksbar.org) or The Kansas Legal Services at 1-800-723-6953 (www.kansaslegalservices.org) may be of aid.
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Felony Reporting Mistakes
I received a notification asking for information nearly a felony conviction and I have never been bedevilled of a felony. What should I practise?
Provide the Board with a written argument, by electronic mail, fax, or mail, indicating that you fabricated a mistake on your application and that y'all accept never been convicted of a felony. Visit our Contact U.s. page for information on where to ship your statement.
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Hearings
How practise I asking a hearing?
Our function requires a written request for a hearing. Sign and ship your asking to the Executive Director via mail, fax, or e-mail. Be sure to include your name, instance number and the reason(southward) you lot are making the request. Visit our Contact U.s.a. page for information on where to send your request. If at whatever time during the appeal process your address changes, it is your responsibleness to provide that address change to the Board office.
How long do I have to request a hearing?
Y'all take 15 days from the engagement printed on the Document of Service to request a hearing. If a hearing is not requested in a timely manner, the Order becomes final and effective upon the expiration of the time for requesting a hearing.
When and where will my hearing have place?
All hearings take place at the Kansas Board of Cosmetology role. Once a hearing request is received past the Board, you will receive acknowledgement of your request via mail. Hearings are scheduled on in-person Lath meeting days per the Board Meeting Schedule. A notice of the date, time, and identify of the hearing volition be sent to you at least 10 days prior to the scheduled hearing date.
What to await?
Hearings are held before the Board and Legal Counsel at the Board function per the Kansas Administrative Procedure Act. The hearing is your opportunity to appeal the Lodge regarding the violations of Kansas law.
What practise I need to bring to the hearing?
You may bring whatever data or witnesses that you lot think volition help to prove that the Order issued against you lot is wrong. You may wish to bring a re-create of the Order sent to you lot, which outlines the facts of your instance.
What if I want to cancel my hearing asking?
You may withdraw your asking at any stage of the appeal process, up to and including the twenty-four hour period of the hearing. The request must be signed and in writing stating the intent to withdraw.
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If you are unable to read any of the information contained on this website, please contact the Kansas Board of Cosmetology. We will be happy to assist you.
714 SW Jackson, Jayhawk Walk Building, Suite 100, Topeka, Kansas
Phone: (785) 296-3155 * Fax (785) 296-3002 * E-mail
Laura Gloeckner, Executive Director
Source: https://www.kansas.gov/kboc/FAQ.htm
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