Kansas Board of Cosmetology

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 not intended to take the place of statutory law, regulations, or guidance documents. These FAQs are meant to serve merely as general summary information and, consequently, do not constitute legal advice for your particular question, issue, or concern. Please consult your own legal counsel for assistance 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 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 procedure for disinfecting nail technology instruments?

What are single-use items for manicure and pedicure services?

What should my practitioner do if I am cut during a service?

What procedures can my esthetician perform?

I am interested in having my eyebrows done with microblading. Can my esthetician perform this service?

How do I view an establishment’s most recent inspection report?

How do 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 nail, esthetics and cosmetology establishments?

What is a credo blade?


General


Can we serve alcohol in a licensed establishment?

How do I update my address with the Board?

I received a "Notice of Required Remedial Action." What do I do?

I lost my license, what do I do?

How do I change my establishment name?

I am moving. How do I get 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 fail any part of my initial licensure exam is my temporary license still valid?

What do I do if I have a name change?

How long will it take to receive my license?

How do I acquire a law book?

Does Kansas have reciprocity with any other states?

What if I have a prior felony conviction?

I just failed my exam. How can I reschedule my exam?

When are licensure exams?

Does the Board of Cosmetology regulate medical spas?


Cosmetology


How do I know if a specific service or use of a device is within in my scope of practice?

Is wig fitting the practice of cosmetology?

What license do I need to become a Lash Artist?

Are cuticle clippers prohibited by the Board?

What license do I need to provide microblading and/or permanent cosmetic services?

Do I need a license to provide hair braiding services?

Is Make-up artistry regulated in Kansas?

What licensure do I need to provide make-up services for compensation in Kansas?

Under what conditions can I apply make-up without licensure at a department store 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 make-up services to a person at their home or office?

Do I need a license to provide make-up services for a TV & film or commercial production?

Do I need a license to provide make-up services in a salon or spa?

Do I need a license to provide freelance beauty services?

How can I make sure my establishment is prepared for inspection?

Are Dermaplaning and Milia Lancing services permitted within the practice of cosmetology or esthetics?

Is the use of a Class 1 medical device permitted within the practice of cosmetology or esthetics?


Tanning


Does the owner of a tanning facility license have to be a trained tanning device operator?

Does the Board regulate airbrush tanning?

Does the Board regulate red light therapy?

What is considered a tanning facility?

Are physicians exempt from the Tanning Act?

What laws govern tanning facilities?

Does the law prohibit minors from tanning?

Does the prohibition against minors tanning include tanning devices in a private residence?

Can a parent give consent for their minor child to tan?

Can a minor tan with a note from a doctor?

How can I make sure my staff is prepared for inspection?

Can I print my own warning signs?

Do I have to provide eyewear?

What is the correct procedure for disinfecting eyewear?

Who can clean and disinfect the tanning devices and eyewear?

Does a trained tanning device operator have to be 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 have to show that employees have 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?


Body Art


What license do I need to provide microblading and/or permanent cosmetic services?

How do I become a licensed Body Art Practitioner?

What are the laws governing body art?

Does the Board license mobile facilities?

Does the Board license special events?

Does the Board permit out-of-state artists to provide services in a Kansas licensed establishment?

Can I perform services on a minor?

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 client’s identification?

Do I have to use the client record form provided by the Board?

How long must a client record be kept?

Where must before and after photographs of corrective procedures be kept?

Can I tattoo or pierce a client who is pregnant?

Are there any restrictions on who may receive services besides minors?

Am I required to date sterilization pouches?

If we only use disposables in our shop, do we have to have an autoclave?

Can I perform laser tattoo removal?

Can I use EliminInk?

How can I make sure my establishment is prepared for inspection?


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 authority?

How do I file a complaint?

Will my complaint be confidential?

What happens after I file a complaint?

How long does it take to investigate my complaint?

I received a letter in the mail about a complaint. What do I do?


Fines


How do I pay my fine?

What if I can’t pay the whole fine right now?

Do I have to pay my fine?

I received a letter in the mail about a fine. What do I do?


Felony Reporting Mistakes


I received a letter asking for information about 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 do I have to request a hearing?

When and where will my hearing take place?

What to expect?

What do I need to bring to the hearing?

What if I want to cancel my hearing request?

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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 practice.

Why should I care 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 control requirements. Further, 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's 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 available on its website: https://www.kansas.gov/kboc/License_Verification.htm

How can I tell if an establishment or practitioner has been disciplined by the Board?

Disciplinary Action Reports can be found on the Board’s website.

What is the proper procedure for cleaning and disinfecting pedicure equipment?

After every consumer, the pedicure basin must be cleaned and disinfected. The proper procedure can be found on the Board’s website here.

How can I tell if a pedicure basin has not been cleaned and disinfected?

Look for residue in the basin 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 debris in the jet assembly, it has not been cleaned and disinfected.

What is the proper procedure for disinfecting nail technology instruments?

After every consumer, the instruments must be cleaned with soap and water and then rinsed. The instruments must then be totally immersed in a bleach solution for 10 minutes or an EPA- registered disinfectant and disinfected according to the manufacturer's instructions, then rinsed and dried.

Always ask to see instruments before they are used on you. If nail 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 following items may only be used once and must be thrown away after use.

Orange Sticks, Files, Buffers, Chamois Bits, Sanding Bands, Arbor Bands, Pumice Stones, Foot Files with Sandpaper Strip, Pedicure Liners, Foam Toe Separators & Flip Flops

Examine all items before they are used on you. Used nail files will have white lines and/or nail dust. Used pumice stones will have dead skin and product residue. Used flip flops will have a foot impression or dirt on the sole.

What should my practitioner do 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 do the following:

1. Put on gloves;

2. Clean the cut with an antiseptic;

3. Place a bandage over the cut;

4. Clean and disinfect instruments, equipment, and surfaces exposed to blood; and

5. Double-bag and dispose of all contaminated items.

What procedures can my esthetician perform?

Kansas estheticians may only perform noninvasive procedures. “Noninvasive” is defined as procedures or services confined to the nonliving cells of the epidermis found in the stratum corneum layer of the skin. The practice of esthetics shall not alter, cut, or damage any 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. Can my esthetician perform this service?

No. Microblading is the process of inserting dyes or pigments into the skin using a “pen” fitted with very fine needles. Microblading is tattooing and is outside the scope of practice for cosmetologists and estheticians. If you are interested in microblading, you should contact a Kansas licensed tattoo artist.

How do I view an establishment’s most recent inspection report?

Go to the Board’s license verification page to look 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 bottom of the page.

How do I know if a salon is using MMA (methyl methacrylate monomer) products?

MMA products will have a strong unusual odor, the nails will be difficult to file and will take more than an hour to soak off with solvents that should take no more than 30 minutes. MMA products are prohibited in Kansas. Learn more about MMA products by clicking here.

Should I shave my legs before I receive a pedicure service?

No. Freshly shaven legs can allow bacteria to enter your body. Please use the following link to review the Board's Nail Service Safety Guide available on the Board's consumer awareness website page.

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.


General


Can we serve alcohol in a licensed establishment?

While alcohol is no longer prohibited by the Kansas Board of Cosmetology, we do not regulate the sale or consumption of alcoholic beverages in the State of Kansas. Please contact the Department of Revenue, Division of Alcoholic Beverage Control, for further guidance regarding alcoholic beverage laws.

You can contact the Department of Revenue, Liquor Licensing and Enforcement Division at (785) 296-7015 or by email at abc.email@kdor.ks.gov.

How do I update my address with the Board?

Please use the following link to access the Address Update page for detailed instructions on how to change your address online: Address Update.

Facilities:
A complete change of location requires a new facility application.

I received a "Notice of Required Remedial Action." What do I do?

Whenever an establishment has six (6) or more violations at an inspection, the establishment is considered to be out of compliance. The Board will then send you a “Notice of Required Remedial Action” to which you must reply.

Included with the notice is the “Remedial Action Form and Affidavit.” This form lists each of the violations from your last inspection. Look at the questions on your most recent inspection sheet to see what each particular violation is. Then, in the box under “Remedial Action” on the form, write what you have done to correct the violation. You may attach a separate sheet if you need more space.

Send the form and any additional pages to the Board office by email, mail or fax. This form should be sent to the Board office within 20 days of the date on the notice.

Please note, you are not being fined at this time. If you receive a “Notice of Required Remedial Action” it simply means violations were found within the facility during your recent inspection and the facility is currently out of compliance. Correcting the violations will help ensure the facility remains in compliance and possibly avoid future Disciplinary Actions that may result in a fine. For further information on what constitutes a fine, please refer to the Fine Schedule.

I lost my license, what do I do?

Complete the duplicate license application and submit to the Board office with the $25 processing fee.

How do I change my establishment name?

Complete 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 application and meet the Board’s requirements for licensure.

Cosmetology profession practitioners: Out of State License Application

Cosmetology profession instructors: Instructor Reinstate/Out of State Application

Body art profession practitioners: Out of State Application for Examination

If I fail any part of my initial licensure exam is my temporary license still valid?

No. The temporary license is null and void at that moment.

What do I do if I have a name change?

Submit the name and address change form according to the directions provided on the form.

How long will it take to receive my license?

Work is processed in the order it is received. Please allow at least ten business days for processing before checking the status of your application. When your application is processed, you will be notified of the status of your application and any additional steps needed to obtain a Kansas license.

How do I acquire a law book?

The Board provides the law book in several formats please refer to the Law Book Resources document to find the one that is right for you.

Does Kansas have reciprocity with any other states?

No. Every cosmetology profession applicant must complete the out of state application and meet the Board’s requirements for licensure.

Every body art applicant must take and pass the Kansas exam and meet the Board’s requirements for licensure. To apply for the examination, complete the out of state examination application and submit the application and the required documentation to the Board office.

What if I have a prior felony conviction?

Click here to read information about the felony review process and find a printable checklist.

I just failed my exam. How can I reschedule my exam?

Go to the testing company website. Sign in and follow the same steps you used to schedule your initial exams. If you have any problems 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 see the open dates available for examination.

Does the Board of Cosmetology regulate medical spas?

No. For more information regarding the licensing and regulation of medical spa’s please contact The Kansas Board of Healing Arts:

http://www.ksbha.org/main.shtml

http://www.ksbha.org/faq/faqlegal.shtml


Cosmetology


How do I know if a specific service or device is within my scope of practice?

The Board does not provide guidance on whether a specific service or device falls under a particular license/scope of practice in the State of Kansas. It is the licensed practitioner(s) and establishment owner(s) sole responsibility to be familiar with the laws & regulations as they pertain to their profession, and to seek their own legal counsel to determine if the service(s) and/or device(s) fall within their scope of practice.

However, we can provide direction to the appropriate statutes and regulations as they pertain to your profession and inquiry.

Please refer to:

K.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 resources:

Cosmetology Establishment Compliance

Infection Control Regulations for Cosmetology Profession Practitioners and Facilities

Lawbook Resources

If you have further concerns and/or require interpretation of statutes and regulations provided above, please seek the assistance of a private licensed attorney. If you do not have 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 assistance.

Is wig fitting the practice of cosmetology?

The Board determined on October 14, 2013, that if the person providing the wig fitting service is not in a licensed facility and are selling a product, it is not practicing cosmetology and they would not need a license.

Wig fitting in a licensed facility requires the wig fitter to have a practitioner license to offer this service.

What license do I need to become a Lash Artist?

All eyelash services offered for compensation is the practice of cosmetology. To offer eyelash services for compensation 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 need to provide microblading and/or permanent cosmetic services?

In order to provide microblading and or permanent cosmetics in the state of Kansas (outside of working under a private physician), you will need to obtain a tattoo or a cosmetic tattoo license. You can access Information on how to obtain a tattoo or cosmetic tattoo license by using the following link: How do I become a licensed Body Art Practitioner?

Do I need a license to provide hair 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 hand or mechanical device so long as the service does not include the application of dyes, reactive chemicals or other preparations to alter the color of the hair or to straighten, curl or alter the structure of the hair and so long as the requirements of K.S.A. 65-1928, and amendments thereto are met. Nothing in this paragraph shall be construed to preclude a licensed cosmetologist from performing the service described in this paragraph.

Pursuant to K.S.A. 65-1928: For an individual engaged in hair braiding to be exempt from the practice of cosmetology under K.S.A. 65-1901 and amendments thereto, such individual shall complete the self-test part of the brochure and keep the brochure and completed self-test available at the location at which the individual is braiding hair.

Pursuant to K.S.A 65-1928, The secretary of health and environment (KDHE) shall develop a brochure containing information about infection control techniques which are appropriate for hair braiding outside the salon setting. This brochure shall be made available through the department of health 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 contain a self-test with questions on the information contained in the brochure.

Please use the following link to access the KDHE brochure and completed self-test: https://www.kdheks.gov/epi/download/Hairbraiding.2011.pdf

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 need to provide make-up services for compensation in Kansas?

A cosmetology or esthetics practitioner and establishment license is required.

Under what conditions can I apply make-up without licensure at a department store or make-up counter?

The application of the make-up must be related to the sale of the make-up product and no compensation for the application of the make-up can transpire between the person applying the make-up and the prospective buyer.

Do I need a license to teach make-up?

It is a violation of law 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 school or clinic unless the person holds a valid instructor’s license.

Does a mobile establishment providing make-up services need to be licensed?

Mobile establishments providing cosmetology services for compensation must obtain a mobile establishment license and the services must be provided by a licensed practitioner.

Do I need a license to provide make-up services to a person at their home 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 home or office if a Statement of Performance of Cosmetology Services Outside a Licensed Establishment is approved and on record with the Board.

Do I need a license to provide make-up services for a TV & film or commercial production?

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 home or office if a Statement of Performance of Cosmetology Services Outside a Licensed Establishment is approved and on record with the Board.

Do I need a license to provide make-up services in a salon or spa?

The application 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 employ or allow any unlicensed individual to engage in any activity for which a license is required.

Do I need a license to provide freelance beauty services?

You must have a license issued by the Board to engage in the practice of cosmetology, esthetics, nail technology or electrology for compensation, even if you are a freelance artist/stylist or are self-employed, unless exempt by K.S.A. 65-1902(b). Any form of compensation for these professional services requires licensure regardless of whether you are employed by a person, business entity, self-employed or even taking donations.

To review the law, go to: https://www.kansas.gov/kboc/ StatsandRegs.htm.

Pursuant to K.S.A. 65-1902(a)(1), no person shall engage in practice of cosmetology, esthetics, nail technology or electrology unless the person holds a valid license, issued by the Board, to engage in that practice.

Pursuant to K.S.A. 65-1902(d), if the Board determines that an individual has violated subsection (a), in addition to any other penalties imposed by law, the Board, in accordance with the Kansas administrative procedure act, may issue a cease and desist order against such individual or may assess such individual a fine of not to exceed $1,500, or may issue such order and assess such fine. In determining the amount of fine to be assessed, the Board may consider the following factors:

1. Willfulness of the violation
2. repetitions of the violation and
3. risk of harm to the public caused by the violation.

Additionally, pursuant to K.S.A. 65-1902(e), it is a crime to engage in practice of cosmetology, esthetics, nail technology or electrology without a valid license issued by the board to engage in that practice. For information on how to apply for a Kansas license please use the following link: How to apply for Kansas Licensure.

How can I make sure my establishment is prepared for inspection?

You may find it useful to utilize the Board's self-inspection checklists availalbe on the Board's website resources page.

Self-Inspection Checklist-Cosmetology Professions

You may also download the Board's app by searching for 'Kansas Board of Cosmetology' in the app store or Google Play. You can electronically complete a self-inspection directly from the app.

Are Dermaplaning and Milia Lancing services permitted within the practice of cosmetology or esthetics?

On May 13th, 2019, the Kansas Board of Cosmetology approved 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 within the scope of practice as they are noninvasive and confined to the nonliving cells of the epidermis found in the stratum corneum layer of the skin. These practices do not alter, cut or damage any living cells as is prohibited in KAR 28-24-14 (5). Additionally, the use of the scalpel in Dermaplaning is only for exfoliation and hair removal and is not permitted to be used to remove calluses or skin blemishes as prohibited by KAR 28-24-14 (4). https://www.kansas.gov/kboc/Newsletters/Bulletin_2019-01.pdf

Is the use of a Class 1 medical device permitted within the practice of cosmetology or esthetics?

After review of KSA 65-1902(a)(12) the Board determined on May 13, 2019, through reasonable interpretation of the statutory prohibition, that class one medical devices registered with the FDA and approved by the FDA for general use, not required to be used under order of a physician, are not subject to this prohibition as long as they are being used for esthetic, not medical purposes. To provide further explanation of the reasonable interpretation of this statute, some examples of class one medical devices registered with the FDA and approved for general use include surgical trays, rubber gloves, and gauze. It is evident that the Board must use discretion in interpreting this statutory prohibition as to enforce it without so would be an inappropriate application of the law. https://www.kansas.gov/kboc/Newsletters/Bulletin_2019-01.pdf

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Tanning


Does the owner of a tanning facility license have to be a trained tanning device operator?

No.

Does the Board regulate airbrush tanning?

No.

Does the Board regulate red light therapy?

No. However, red light therapy bulbs may not be used in tanning devices.

What is considered a tanning facility?

"Tanning facility" means any facility, whether independent or part of a salon, health spa or any other facility, which provides access to tanning devices but shall not include private residences if access to tanning devices is provided without charge.

Are physicians exempt from the Tanning Act?

Yes. The Tanning Act does not apply to the use of a phototherapy device by or under supervision of a person licensed to practice 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-1 et seq.
Tanning Administrative Regulations – K.A.R. 69-12-1 et seq.

Does the law prohibit minors from tanning?

Yes. As of July 1, 2016, an individual under the age of 18 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 as there is not a charge to use the device.

Can a parent give consent for their minor child to tan?

No.

Can a minor tan with a note from a doctor?

No.

How can I make sure 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 easy viewing by the inspector and to minimize interruptions to staff during an inspection.

You can download a Log of Tanning Training from the Board’s website. If you are not sure that you have a bulb compatibility sheet for each type of device in your facility, you can contact your distributor and they will send you a copy.

You may also find it useful to utilize the Board's self-inspection checklists availalbe on the Board's website resources page.

Self-Inspection Checklist- Tanning Facilities

You may also download the Board's app by searching for 'Kansas Board of Cosmetology' in the app store or Google Play. You can electronically complete a self-inspection directly from the app.

Can I print my own warning signs?

Yes, as long as they contain 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’s website resources page.

Do I have to provide eyewear?

Yes. Before each use of a tanning device, the operator shall provide the customer with protective eyewear which meets the standards of title 21, part 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 eyewear.

What is the correct procedure for disinfecting eyewear?

Reusable eyewear may only be disinfected by a tanning device operator and consumers may never disinfect eyewear.

Proper disinfecting steps:

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 eyewear?

Only a trained tanning device operator may clean tanning devices and eyewear.

Does a trained tanning device operator have to be present at all times when the facility is open?

Yes.

What are the requirements for a tanning device operator?

One of the most 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 eyewear;
Controls the operation of the tanning device;
Instructs consumers on the proper operation of the tanning device;
Places any towels used by a consumer in a covered container after use;
Disinfects the tanning device and eyewear after each use.
“Bed cleaners” are not permitted.

What are the training requirements for a tanning device operator?

A tanning device operator must have knowledge of:

Board 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 training?

Training may be obtained from a professional tanning organization or training may be provided in-house by a trained tanning device operator. See the Board’s website for a list of professional organizations that offer training.

What do I need to have 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-house training. The Board provides a Log of Tanning Training form which can be obtained from our website.

Are there any restrictions on distributing promotional materials regarding the benefits of tanning?

Yes. A tanning facility shall not claim or distribute promotional materials that claim that using a tanning device is safe or free from risk.

What do I do 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 5 working days of the injury or within 5 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. Any other information considered relevant to the situation.

The above information can be mailed to the Board or sent via email to kboc@ks.gov.

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Body Art


What license do I need to provide microblading and/or permanent cosmetic services?

In order to provide microblading and or permanent cosmetics in the state of Kansas (outside of working under a private physician), you will need to obtain a tattoo or a cosmetic tattoo license.

How do I become a licensed Body Art Practitioner?

Kansas law 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 application provided by the Kansas Board of Cosmetology and meet the following criteria

Please click here for the Kansas law and regulation as they pertain to Kansas licensure.

Once the documents are submitted your application will be reviewed for compliance with Kansas law. At that time, you will be informed of the application status.

You will be required to take the State Board exams. Once compliance is determined you will be contacted regarding examination fees and scheduling of the exam.

Please also be informed that to practice tattoo, body piercing or cosmetic tattoo services in Kansas without a valid Kansas license is a violation of Kansas law and may subject you to legal action. Likewise, a facility that employs an unlicensed individual is in violation of Kansas law and may also be subject to legal action.

Feel free to contact our office if you have questions or need additional information.

What are the laws governing body art?

Body Art Act – K.S.A. 65-1940 et seq.
Body Art Health and Sanitation & Administrative Regulations – K.A.R. 69-15-1 et seq.

Does the Board license mobile facilities?

No. Mobile facilities are not permitted.

Does the Board license special events?

The Board does not issue a special license for events, but if the location where the event will be held meets the requirements for establishment licensure, the Board will issue an establishment license. A checklist of requirements can be found in the Body Art Establishment Application.

Does the Board permit out-of-state artists to provide services in a Kansas licensed establishment?

No.

Can I perform services on a minor?

Yes, as long as you obtain the prior written and notarized consent of the parent or court appointed guardian and the person giving such consent is present 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 period of five years.

Do I have to perform a service for a minor if they have parental consent?

No.

What is required on the client record?

Each record shall include the name and address of the client, 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’s identification?

No.

Do I have to use the client record form provided by the Board?

No.

How long must a client record be kept?

Five years.

Where must before and after photographs of corrective procedures be kept?

All before and after photographs of corrective procedures must be kept with the client record. K.A.R. 69-15-15(e)

“Each licensee providing tattoo or cosmetic tattoo services for corrective procedures shall take photographs before and after service. These photographs shall be maintained according to subsection (b).”

The regulation refers us to subsection (b) in K.A.R. 69-15-15 which states: “Each licensee shall keep an individual record of each client for at least five years. Each record shall include the name and address of the client, the date and duration of each service, the type of identification presented, and the type of services provided.”

Can I tattoo or pierce a client who is pregnant?

The only requirement regarding pregnancy is to provide the client with preservice information.

Are there any restrictions on who may receive services besides minors?

Yes. You may not provide services for a person who is inebriated or appears to be incapacitated by the use of alcohol or drugs; any person who shows signs of recent intravenous drug use; a person with sunburn or other skin diseases or disorders, including open lesions, rashes, wounds, or puncture marks; or any person with psoriasis or eczema present in the treatment area.

Am I required to date sterilization pouches?

No.

If we only use disposables in our shop, do we have to have an autoclave?

No. An establishment that only uses disposable instruments is not required to possess an autoclave. However, if an establishment is using only disposable instruments and there is no autoclave on site, there should not be any instruments that require sterilization present. If, during an inspection, instruments are found that require sterilization and an inspector cannot verify that the facility possesses an autoclave or that the instruments have been sterilized by a third party, possessing such instruments may result in disciplinary action.

Can I perform laser tattoo removal?

No. The Kansas Board of Healing Arts regulates the use of light-based devices.

Can I use EliminInk?

No. EliminInk works by implanting a solution into skin tissue that bonds with the ink and draws it out of the skin. The solution is not an ink or pigment and also contains a scar-inhibiting product called DermRenu.

“Tattooing” is defined as the process by which the skin is marked or colored by insertion of nontoxic dyes or pigments by use of a needle into or under the subcutaneous portion of the skin so as to form indelible marks for cosmetic or figurative purposes. EliminInk does not meet the definition of tattooing and therefore the procedure is not 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 availalbe 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. You can electronically complete a self-inspection directly from the app.

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Complaints


What types of complaints does the Board investigate?

•Unlicensed individuals and establishments
•Health and sanitation violations
•Fraud, False/Deceptive Advertising

What types of complaints does the Board not investigate?

•Fee and price disputes
•Poor customer service
•Dissatisfaction with service provided

Are there limitations on the Board’s authority?

Yes. The Board cannot provide you with legal advice or obtain monetary damages to compensate you or to resolve fee disputes, which are civil matters. If you are seeking reimbursement for medical expenses or other damages, please consult an attorney.

The Board cannot impose criminal penalties. If you believe your allegations may constitute a crime, please contact your local law enforcement agency.

How do I file a complaint?

All complaints should be submitted in writing on the Board Complaint Form. Complete the Complaint Form and provide all requested information. Attach copies of any documents which relate to your complaint and email, fax or mail it to the Board office.

You may also download the Board's app by searching for 'Kansas Board of Cosmetology' in the app store or Google Play. You can electronically complete and submit the Complaint Form directly from the app.

Will my complaint be 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 affidavit 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 Board will determine if your complaint comes under the Board’s authority. 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 closed, 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 be asked to testify at the hearing.

Click here to view the Board's complaint policy.

How long does it take 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 advice of a private licensed attorney if needed. The letter outlines the allegations made and requires a response in writting. Your written response may be submitted via email to kboc@ks.gov.

Click here to view the Board's complaint policy.

If you have further concerns and/or require interpretation of statutes and regulations provided above, please seek the assistance of a private licensed attorney. If you do not have 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 assistance.

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Fines


How do I pay my fine?

You can submit a check or money order to our office in the regular mail, please make sure to note the case number on the memo line of the check/money order. Credit card 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 or email to our office requesting a payment plan and staff will contact you to set up a Payment Agreement.

Do I have to pay my fine?

Yes. Failure to make timely payment may result in disciplinary action on your license.

I received a letter in the mail about a fine. What do I do?

Legal action 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 Order in full and/or seek the advice of a private licensed attorney if needed. The order outlines your rights and responsibilities as the respondent of the order.

If you have further concerns and/or require interpretation of statutes and regulations provided above, please seek the assistance of a private licensed attorney. If you do not have 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 assistance.

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Felony Reporting Mistakes


I received a notification asking for information about a felony conviction and I have never been convicted of a felony. What should I do?

Provide the Board with a written statement, by email, fax, or mail, indicating that you made a mistake on your application and that you have never been convicted of a felony. Visit our Contact Us page for information on where to send your statement.

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Hearings


How do I request a hearing?

Our office requires a written request for a hearing. Sign and send your request to the Executive Director via mail, fax, or email. Be sure to include your name, case number and the reason(s) you are making the request. Visit our Contact Us page for information on where to send your request. If at any time during the appeal process your address changes, it is your responsibility to provide that address change to the Board office.

How long do I have to request a hearing?

You have 15 days from the date printed on the Certificate 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 take place?

All hearings take place at the Kansas Board of Cosmetology office. Once a hearing request is received by the Board, you will receive acknowledgement of your request via mail. Hearings are scheduled on in-person Board meeting days per the Board Meeting Schedule. A notice of the date, time, and place of the hearing will be sent to you at least ten days prior to the scheduled hearing date.

What to expect?

Hearings are held before the Board and Legal Counsel at the Board office per the Kansas Administrative Procedure Act. The hearing is your opportunity to appeal the Order regarding the violations of Kansas law.

What do I need to bring to the hearing?

You may bring any information or witnesses that you think will help to prove that the Order issued against you is incorrect. You may wish to bring a copy of the Order sent to you, which outlines the facts of your case.

What if I want to cancel my hearing request?

You may withdraw your request at any stage of the appeal process, up to and including the day 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 * Email
Laura Gloeckner, Executive Director