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65-1901. Definitions. As used in K.S.A. 65-1901 through 65-1912, and amendments thereto:

(a) "Apprentice" means any person engaged in learning the practice of cosmetology, nail technology, esthetics or electrology in a school of cosmetology, nail technology, esthetics or electrology licensed by the board, except until such time as an electrology school is established in this state apprenticing of electrology will be subject to approval by the board in a clinic or establishment.

(b) "Board" means the state board of cosmetology.

(c) "Cosmetologist" means any person, other than a manicurist or esthetician, who practices the profession of cosmetology for compensation.

(d) (1) "Cosmetology" means the profession of:

(A) Arranging, dressing, permanently curling, curling, waving, cleansing, temporarily or permanently coloring, bleaching, relaxing, conditioning or cutting the hair;

(B) cleansing, stimulating or performing any other noninvasive beautifying process on any skin surface by means of hands or mechanical or electrical appliances, other than electric needles, provided for esthetic rather than medical purposes;

(C) temporary hair removal from the face or any part of the body by use of the hands or mechanical or electrical appliances other than electric needles;

(D) using cosmetic preparations, antiseptics, lotions, creams or other preparations in performing any of the practices described in paragraphs (A), (B) and (C) of this subsection (d)(1); or

(E) manicuring, pedicuring or sculpturing nails.

(2) "Cosmetology" does not include:

(A) 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; or

(B) threading, 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 or esthetician from performing threading.

(e) "Electrologist" means any person who, for compensation, removes hair from, or destroys hair on, the human body for beautification by use of an electric needle only.

(f) "Esthetician" means any person who, for compensation practices the profession of cosmetology only to the following extent:

(1) Eyebrow and eyelash services, cleansing, stimulating or performing any other noninvasive beautifying process on any skin surface by means of hands or mechanical or electrical appliances, other than electric needles, provided for esthetic rather than medical purposes;

(2) temporary hair removal from the face or any part of the body by use of the hands or mechanical or electrical appliances other than electric needles; or

(3) using cosmetic preparations, antiseptics, lotions, creams or other preparations in performing any of the practices described in this subsection.

(g) "Instructor-in-training" means a licensed cosmetologist who has met the board's training requirements for obtaining an instructor-in-training permit.

(h) "Manicurist" means any person who, for compensation practices the profession of cosmetology only to the extent of:

(1) Nail technology;

(2) cleansing, stimulating or performing similar work on the arms, hands or ankles and feet by means of hands or mechanical or electrical appliances, other than electric needles; or

(3) using cosmetic preparations, antiseptics, lotions, creams or other preparations in performing any practice described in paragraph (2).

(i) "Nail technology" means manicuring, pedicuring and sculpturing nails.

(j) "Person" means any individual, corporation, partnership, association or other entity.

(k) "Physician" means a person licensed to practice medicine and surgery by the state board of healing arts.

(l) "Threading" means a method of temporary hair removal from the face or the front of the neck by use of a strand of thread to pull hair from follicles. "Threading" may include the use of over-the-counter astringents, gels, powders, tweezers or scissors incidental to threading, but does not include the use of chemicals, electric needles, heat or any type of wax or the manipulation of thread using teeth.

History: L. 1927, ch. 245, § 1; L. 1943, ch. 222, § 1; L. 1975, ch. 322, § 1; L. 1983, ch. 212, § 1; L. 1984, ch. 231, § 1; L. 1987, ch. 238, § 1; L. 1992, ch. 108, § 1; L. 1995, ch. 120, § 1; L. 1998, ch. 160, § 1; L. 2000, ch. 109, § 1; L. 2002, ch. 187, § 1; L. 2008, ch. 108, § 1; L. 2022, ch. 41, § 1; July 1.

Law Review and Bar Journal References:

Negligence, proximate cause of injury, and intervening efficient cause, 7 K.L.R. 539, 541 (1959).

Governmental Ethics Commission Opinions:

Executive director of Kansas state board of cosmetology may own and operate private cosmetology business so long as board's licensure, inspection and administration are conducted solely by board's other employees. 91-12.

Attorney General's Opinions:

Barber advertisement by cosmetologist. 89-82.

Cosmetologist is not permitted to shave with a professional grade razor. 2014-19.

CASE ANNOTATIONS

1. Services permissible under barber license and cosmetologist license discussed. State, ex rel., v. Cavender, 131 Kan. 577, 292 P. 763.

2. Cited; city ordinance regulating barbers in conflict with state law held invalid. Trimble v. City of Topeka, 147 Kan. 111, 117, 75 P.2d 241.

3. Act cited in distinguishing practicing of medicine and surgery and osteopathy. State, ex rel., v. Gleason, 148 Kan. 1, 9, 79 P.2d 911. Rehearing denied: 148 Kan. 458, 84 P.2d 48. Opinion on post-decision motions: 148 Kan. 459, 83 P.2d 425.

4. Sale of cosmetics together with free application thereof not practice of cosmetology. State, ex rel., v. Johnson, 156 Kan. 191, 192, 193, 194, 131 P.2d 660.

5. Cited; damage action; explosion of bottle of fingernail polish remover; proximate cause (dissenting opinion). Steele v. Rapp, 183 Kan. 371, 389, 327 P.2d 1053.


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