3/9/09 Minutes

KANSAS BOARD OF COSMETOLOGY
BOARD MEETING

MINUTES OF MARCH 9, 2009                                    REGULAR BOARD MEETING

The March meeting of the Kansas Board of Cosmetology was held at the Board office, 714 SW Jackson, Suite 100, Topeka, Kansas.The meeting was called to order by Ms. Marie Plinsky, Board Chair.Also in attendance were Mr. Ron McKenzie, Vice-Chair; Ms. Rogene Handlon, Member; Ms. Allene Owen, Member; Mr. Douglas R. Rushing, Member; Mr. Jerry E. Waltrip, Member; Mr. Darrell D. Ringler, Member; Ms. Mary Feighny, Deputy Attorney General; Ms. Mary Lou Davis, Executive Director for the Board; and Ms. Sheila Rice, Senior Administrative Specialist. Ms. Marian Brown, Member, was unable to attend. Minutes were recorded by Ms. Lisa S. Florez, Administrative Officer.

ITEM I. PUBLIC COMMENT.

Since there was no public comment, the Board advanced to its meeting.

ITEM II. CALL TO ORDER.

The meeting was called to order by Ms. Marie Plinsky, Board Chair.

ITEM III. APPROVAL OF BOARD MINUTES FOR JANUARY 12, 2009

Motion was made to approve the January 12, 2009, Board minutes. (Owen/Rushing)
Motion passed unanimously.

ITEM IV. FINANCIAL REPORT

FY 2009 year-to-date report.

Ms. Davis reports on receipts and expenditures to date for FY 2009 which began July 1, 2008.

Mr. Rushing inquired about the amount in the budget for non-sufficient funds checks. Is the amount representative of fees charged to the Board by the bank when there is an NSF check, or is the amount representative of fees the Board has collected resulting from NSF checks?

Ms. Davis stated the amount is what is owed to the Board resulting from NSF checks. Ms. Davis reported that once a fee is received by the Board office, there is a two week period before a check presented for payment can be determined to be NSF. During this time lapse, the Board may have already issued a license for the fee paid by check. The individual must then present payment via money order, cashier’s check or credit card along with a $30 NSF fee.

Mr. Ringler asked whether the Board could have an electronic means of instantly verifying a check in the way some retail establishments do. Ms. Davis replied that the Board is looking at electronic checks for online renewal.

Mr. Rushing made inquiry regarding the total amount which was cut from the FY ’09 budget. Ms. Davis reported that the amount was approximately $34,000. The FY ’10 budget may be cut approximately $50,000.

When appearing before the legislature to testify regarding the FY ’10 and ‘11 budgets, Ms. Davis stated out of state travel has been suspended; contract money was stricken from the budget; and that there is an office position that is vacant and will remain vacant. These cuts reduced the budget by 9%. The legislature then requested another 3-8% cut in the budget. At this point to additionally reduce the budget to meet the 3-8% reduction, the inspector positions would need to be reduced to 75%-time. The positions would continue to have FTE benefits.

Mr. Rushing remarked that the information from the legislature suggested combining some aspects of the Cosmetology and Barber Boards. Ms. Davis stated that Representative Burroughs requested a report from the two Boards to be presented at next year’s legislative session on how inspections could be conducted to prevent duplicity.

Ms. Davis presented the House general budget committee’s recommendation that “the agency (KBOC) and the Board of Barbering investigate reducing inspection redundancies for facilities that contain board certified barbers and cosmetologists and present a report of the findings to the Budget Committee in the 2010 Legislative Session.”

ITEM V. NEW BUSINESS.

Senate Bill No. 101 – Status Report on the Hearing and Board’s Testimony before the Senate Committee on Public and Monday, February 9

Mr. Ringler reported on Senate Bill No. 101. “An Act concerning tanning facilities; regulating minors’ use of tanning device.” Dr. Giessel, a local dermatologist, appeared before the Senate Committee on Public Health and Welfare and made statements regarding setting age limits on tanning, with a minimum age of 14. Mr. Ringler also made statements before the Committee but not as a representative of the Board.

Ms. Davis reported she and Mr. Ringler met with Senator Barnett prior to the Committee hearing to ascertain who may have proposed the bill. Senator Barnett stated it was not his bill but he believed there should be open discussion and awareness. Dr. Geisel testified; Mr. Ringler testified; there was written testimony from the American Cancer Society and tanning association consultants; the Board testified; the Board testified taking a neutral position based on the Board’s discussion at the November, 2008, Board meeting regarding age limits on tanning. (Wichita State University research study).

Mr. Ringler stated it was unknown to Dr. Geisel that individuals are directed by physicians to use tanning beds in the treatment of psoriasis and seasonal affective disorder.

Mr. Rushing inquired of the status of the bill at this point. Ms. Davis stated the bill is in committee and will likely stay there without action. It may carryover to the next legislative session.

House Bill 2243 – Status Report, Board’s Testimony before the House Committee on Health and Human services on Monday, February 18

The main purpose of this Bill was to change current statute so the Board is not required to send out a renewal packet which at this point includes the law booklet. Each packet costs the Board $1.89. With changing the statute, the Board will still send a renewal notice, but will not be required to send a law booklet. This would create a $15,000 savings for the Board. Additionally, an increase in fees was presented to the legislature as part of the Bill. The legislature was not willing to increase fees at this time other than delinquent fees.

Ms. Davis testified before the Senate Committee on Public Health and Welfare on February 9, 2009.

House Bill 2359 will likely pass.

Mr. Rushing inquired if the Board would be able to put commonly used forms online for easier access. Ms. Davis replied that the Board is currently working on online forms with the implementation of the new database.

Field Study Request, Hays Academy of Hair Design, American Beauty Show, March 28-30, Chicago

The Board had a discussion at the last meeting regarding the limit on hours students are able to receive off-campus. Upon review of the minutes from the November, 2006, meeting, a Board policy was adopted for cosmetology students to receive a maximum of 20 clock hours credit per field trip or trade show, 11 maximum clock hours for esthetics and 7 clock hours maximum for nail technology.

The Hays Academy request was initially received on January 15th, but was lacking the required list of students and supervising instructors. The submission is now complete.

Motion to approve the request for the America’s Beauty Show for 17 hours in hair styling, hair cutting and hair coloring. (McKenzie/Owen).
Motion passed unanimously.

Field Study Request, Xenon’s International Academy, Wichita. Mid-America Spring Show, March 21-22, Council Bluffs, Iowa

This request was received by the Board on February 10, 2009. The submission is complete. A discussion was had regarding the hours of attendance at the show. The Board determined the hours of participation would be 8 hours on March 21st and 6 hours on March 22nd, for a total of 14 hours.

Motion to approve the request for the Mid-America Spring Show for 14 hours in chemical services, hair designing, and business practices. (Owen/Handlon).
Motion passed unanimously.

Field Study Request, Eric Fisher Academy, Spa/Salon Observations, May 19, 2009

This request was received by the Board on February 23, 2009. The submission is complete. Ms. Davis reported that Eric Fisher Academy has sought approval for some events which delve into the area of medical esthetics or “medi-spas”. Ms. Davis suggests the Board caution the school regarding further submissions that may include medical esthetics or other practices which are beyond the scope of the cosmetology/esthetics profession.

Motion to approve the request for 5 hours of business practices, with a caution to the school regarding the scope of the profession. (Owen/Handlon). Motion passed unanimously.

Field Study Request, Eric Fisher Academy, Salon Observations, May 21, 2009

This request was received by the Board on February 24, 2009. The submission is complete.

Motion to approve the salon observations request for 5 hours in business practices. (McKenzie/Owen).

VI. Old Business

Request for Proposal (RFP), Licensure Exams. RFP Issued December 23, 2008

Ms. Davis reported there were two proposals received by the Board for the licensure exam contract. One proposal was from the current vendor, Prometric, and the other was from PCS which would administer the NIC exam.

A three member team consisting of Galen Greenwood, Procurement Officer, Marie Plinsky, and Mary Lou Davis will be negotiating the contract for the licensure exams. The deadline for the closing date to receive the RFP is scheduled for February 27, 2009. The deadline for review and evaluation is set for March 9th and negotiations, if necessary, will occur after March 16th. Ms. Davis would like to hold the negotiations on March 30th. The contract year is to begin July 1, 2009.

Westin Educational Inc., d/b/a Heritage College, Wichita. Esthetics School with Anticipated Opening Date of March, 2009

Ms. Davis reported this school submitted an application last fall for an esthetics school with a 1,200 hour curriculum which included “medical esthetics”. Westin was advised the curriculum was unacceptable as submitted. The Board has not had contact from Westin since that time.

VII. Disciplinary Action

Conditioned Licensure, Vernon’s Kansas Cosmetology School in Emporia. Review of Monthly Documents Submitted to Date

The Board’s intern, Joel Gillespie, did a comparison study of the documents submitted which were reviewed at the last Board meeting.

Mr. Rushing commented upon review of the most recent submissions, the records are lacking student signatures. Mr. McKenzie reported that the attendance records appear to have been completed all at the same time, rather than on a daily basis. One record lacks a student name. The documents reflect poor recordkeeping.

Ms. Davis stated that when the school inspection is held, these documents will be taken to the inspection for explanation of the recordkeeping system.

VIII. Executive Director Report

Review of Monthly Disciplinary Action and Complaint Reports

The Board reviewed the monthly disciplinary action reports for January and February.

Statements of Substantial Interest, Reports to the Secretary of State

The Board members will receive Statements of Substantial Interest from the Secretary of State’s Office. The Statement will need to be completed online or if paper submission is completed the forms must be mailed to the SOS office.

National Interstate Council of State Boards of Cosmetology (NIC) regions III and IV Meeting

To be held in Sacramento, California, April 4-5, 2009. No one from the Board will attend.

Kansas Dental Board, Notice of Public Hearing on Proposed Administrative Regulation

Hearing to be held at 9:00 a.m. on July 24, 2009, to consider regulation of teeth whitening.

Miscellaneous

Ms. Davis discussed with the Board the member names which will appear on the new licenses.

IX. Adjournment

Next regularly scheduled board meeting Monday, May 11, 2009.

Board panel review of felony convictions and pending disciplinary action upon adjournment of meeting.

Motion to adjourn.(Owen/Rushing).

Motion passed unanimously.