5/11/09 Minutes

KANSAS BOARD OF COSMETOLOGY
BOARD MEETING

MINUTES OF MAY 11, 2009                                         REGULAR BOARD MEETING

The May 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; and Ms. Mary Lou Davis, Executive Director for the Board. Ms. Marian Brown, Member, was unable to attend. Minutes were recorded by Ms. Lisa S. Florez, Senior Administrative Specialist.

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 MARCH 9, 2009
Motion was made to approve the March 9, 2009, Board minutes. (Owen/McKenzie)
Motion passed unanimously.

ITEM IV. FINANCIAL REPORT

FY 2009 Year-to-Date Report.
Ms. Davis reported on receipts and expenditures to date for FY 2009 which began July 1, 2008.

Ms. Davis commented on facility renewals which have been sent to all cosmetology profession establishments. The renewal fee has increased from $30 to $50. The majority of that revenue should be processed by the end of the fiscal year, June 30.

The Legislature cut the budget for FY 2009 by 2.75% and 2.75% for FY 2010. The Board will also have to pay an additional 12.5% for employee health care coverage.

ITEM V. NEW BUSINESS.

House Bill 2359 – Bill Passed Unanimously in the House and Senate.

The Bill was signed by Governor Sebelius and published in the Kansas Register, April 23, 2009. The Board is no longer required to send the law booklet with the practitioner renewal form.

KBOC Public Hearing, K.A.R. 69-3-8.
The hearing regarding proposed administrative legislation for the 1,000 hour esthetics training curriculum will be held at the next Board meeting on July 13, 2009, at 9:00 a.m.

Ms. Feighny commented the Board should formally adopt the school course curricula and practice as amended on November 10, 2008.

Motion for the Board to adopt the school course curricula and practice as amended on November 10, 2008. (Owen/Handlon).
Motion passed unanimously.

Old Town Barber and Beauty College (OTBBC), Wichita.
The school operates both barbering and cosmetology training programs at the same location. The cosmetology program will cease to operate once the two remaining students complete their training. Questions arise as to compliance with law and regulation with the OTBBC outline pertaining to the physical environment and curricula.

The Director advised school President, Larry Nienhueser, and Director Lori Ferguson to address the Board at the May 11 meeting to answer any questions the Board may have. Mr. Nienhueser and Ms. Ferguson did not appear.

Mr. McKenzie commented that it would be in the best interests of the students to transfer to another school in Wichita.

Board consensus that it is in the best interests of the students for the school to contact other Wichita area schools regarding possible transfer of the students to another school to complete their training. The transfer must be accomplished within 30 days.

University Plaza Cosmetology Academy, Wichita.
The location at 4910 E. 21st Street has closed. The lease on their building expired and they are looking for another location. There are 5-6 remaining students that University Plaza would like to teach-out, i.e. have a program for finishing the training for the remaining students. University Plaza is not an accredited school.

Ms. Davis recommended the Board require University Plaza submit a timeline regarding a
teach-out program or their plan for relocation. If there is a liability issue regarding the school contract with the students, the students may pursue any legal action independently of the Board.

Mr. McKenzie suggested the Board contact the school and require them to inform the Board of their new location and plan of action regarding training of the students within 10 days.

Board consensus that University Plaza be contacted and required to respond to the Board within 10 days regarding their new location and plan of action for the training of the remaining students.

6th Annual Statewide Student Competition, Sidney’s Hairdressing College, Hutchinson.
The competition is identical to the previous competitions which have been approved by the Board. The competition was held May 4, 2009.

Motion to approve the competition for seven hours of credit for participating students. (McKenzie/Rushing).
Motion passed unanimously.

Field Study Request – Eric Fisher Academy, International Dermal Institute, Dallas, TX.
This request was received by the Board on April 17, 2009. The submission is complete.

Ms. Davis reported that this school has been cautioned regarding the scope of practice for estheticians and not to cross over into the medical profession.

Motion to approve the request for 5 hours of business practices and skin treatments. (McKenzie/Owen).
Motion passed unanimously.

Public Hearing, Kansas Dental Board, July 24, 2009.
The hearing is to be held at the Landon State Office Building, #108. The hearing regards teeth whitening services provided by businesses or individuals not licensed by the Dental Board. The Dental Board’s position is that teeth whitening is a dental service.

The Dental Board would like to implement a proposed regulation that would impact tanning and cosmetology facilities who currently offer these services.

Ms. Davis stated she intends to put the information about the Dental Board’s proposed regulation in the Board’s annual newsletter which is enclosed with each renewed facility license.

VI. Old Business

Request for Proposal (RFP), Licensure Exams.
The contract for the Board’s exam program has been awarded to Prometric. The contract year begins July 1, 2009. It’s a three year contract with three one-year renewals.

Review of Body Art Infection Control Regulations with KDHE
The Board and KDHE will begin review of the body art infection control regulations. Ms. Davis believes draft regulations may be completed a year from now. The regulation process will then take approximately six months.

VII. Disciplinary Action

Conditioned Licensure, Vernon’s Kansas Cosmetology School in Emporia. Review of Monthly Documents Submitted to Date.
Review of the documents received by the Board on April 2nd, 9th, and 23rd regarding the conditioned school, Vernon’s Kansas Cosmetology School in Emporia.

Review of Regency Beauty Institute’s Wichita School Application
Brenda Johnson, Director of Kansas Schools for Regency, and Bill Church, Compliance and Regulatory Director for Regency and NACCAS Commissioner, appeared before the Board for review of the application for Regency Beauty Institute in Wichita. Mr. Church stated his appearance was on behalf of Regency.

Ms. Johnson reported the business history of Regency schools in Kansas. Curriculum, lesson plans and calendars were presented along with other documentation. Ms. Johnson spoke to the Board regarding the teaching program at Regency Beauty Institute and answered the Board’s questions.

Mr. McKenzie inquired regarding the security of the computer system. Ms. Johnson related that the students have limited access with regard to entering information and any grading or testing is entered only by supervisors.

Ms. Davis asked Ms. Johnson to explain their self study process. Ms. Johnson stated there is no self study in their curriculum, unless a student misses a class. Self study occurs under the supervision of an educator.

Students are required to maintain a 90% attendance rate in order to avoid additional fees. Students are required to maintain a 66.67% attendance rate in order to graduate.

Ms. Davis inquired about the required 50 hours of student specific needs. Ms. Johnson reported that the subject matter covered will be based on the area in which a student might be lacking or deficient. It may also fall under the realm of a disability which would be discussed privately between the educator and student and the IEP will be reviewed. The student specific needs are not taught as self study.

Regency’s policy of a student transferring from full time to part time is subject to Kansas statute and regulation. The transferring to Regency from another school is also subject to Kansas statute and regulation.

The curriculum mapping doesn’t outline the 50 hours of student specific needs and so may not be in compliance with law. Regency is to update the catalog and provide the information to the Board. Ms. Johnson asked the Board if the application will proceed while the curriculum update is being completed.

Ms. Davis reports that Regency Olathe and Regency Topeka are currently under investigation by the Board regarding instruction and other concerns expressed by Regency students.

A discussion was had by the Board regarding how to proceed with Regency’s Wichita school application in light of the investigation of the other two Kansas Regency schools.

The anticipated opening date is June 22, 2009. The compliance inspection would need to be scheduled the week of June 8th or the week of June 17th. Eric Wuolita of Regency Beauty Institute will contact Ms. Florez to schedule the inspection.

Ms. Davis recommended the application go forward so the inspector may be notified of the compliance inspection. The application would then be contingent upon receipt of the requested documents and curriculum and handbook changes which would then need to be approved.

The Board further discussed the investigation of the Regency Olathe and Topeka schools and how it may pertain to licensing the Wichita school.

Motion to approve Regency’s Wichita school application contingent upon the Board’s receipt and approval of amendments to the handbook and curriculum as well as the successful completion of a physical inspection. (McKenzie).

Motion failed for lack of a second.

Motion to require Regency to appear before the Board at the July 13 meeting to provide the amended handbook and curriculum. (Owen).

Motion failed for lack of a second.

The Board further discussed their positions regarding licensure of the Regency Wichita school.

Motion to approve Regency’s Wichita school application contingent upon the Board’s receipt and approval of amendments to the handbook and curriculum as well as the successful completion of a physical inspection. (McKenzie/Ringler).
Owen opposed.

The investigation will proceed with the Regency Olathe and Topeka schools.

VIII. Executive Director’s Report

New KBOC Hire
Tina Beier has been hired for the Administrative Assistant position. The Senior Administrative Assistant position remains vacant due to budget constraints.

Review of Monthly Disciplinary Action and Complaint Reports
The Board reviewed the monthly disciplinary action reports for March and April.

Statements of Substantial Interest, Reports to the Secretary of State
E-mail correspondence sent to Board members April 1, 2009. The form may be filed online.

National Interstate Council of State Boards of Cosmetology Annual Conference
To be held in Myrtle Beach, SC, September 24-28, 2009.

IX. Executive Session with Assistant Attorney General Derenda Mitchell.
Motion for the Board to go into executive session for 30 minutes with Assistant Attorney General Derenda Mitchell for the purpose of attorney/client privilege to discuss a legal matter. Ms. Mary Lou Davis, Executive Director, Ms. Sheila Rice, Senior Administrative Specialist and Ms. Lisa Florez, Senior Administrative Specialist, also to be present in the session. (Owen/Rushing). Motion passed unanimously.

Motion for 15 minute executive session (Owen/Waltrip). Motion passed unanimously.

Motion to return to public session. (Waltrip/Rushing).
Motion passed unanimously.

X. Adjournment
Next regularly scheduled board meeting Monday, July 13, 2009.

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

Motion to adjourn. (Owen/Rushing).
Motion passed unanimously.