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BOARD OFCOSMETOLOGY NEWSKansas Board of Cosmetology Fall 2019 NewsletterCombatting Human Trafficking in Kansas—By Jennifer MontgomeryAccording to the U.S. Department of Justice, human trafficking is one of the largest and fastest-growingcriminal industries in the world. It is based on recruiting, harboring and transporting people for the purpose ofexploitation. Both sex trafficking and labor trafficking occur in Kansas, and both adults and children arevictims. All sexually exploited children are victims even if no elements of force, fraud or coercion are present.Kansas has been identified by the U.S. Department of Justice as an originating state for human traffickingmeaning that children are sometimes taken from Kansas and trafficked in other parts of the country.One in three sex trafficking victims forced into prostitution is a minor under the age of 18, changing the path ofa child’s life forever. Through the internet, interactive video games, blogs and chat rooms, traffickers targetchildren because they are vulnerable, gullible and there is a market for young victims. Sex trafficking of youthand vulnerable adults in both rural and urban areas occur in Kansas. There have also been persistent reports oflabor trafficking occurring within traveling sales crews and other industries around the state.DATAPolaris, an anti-human trafficking organization that runs the national hotline, reported 236 calls from Kansas in2018. The Office of the Attorney General administers several grant programs to victim service agencies acrossKansas. All grantees are asked to report annually certain demographics regarding those served. Granteesreported the following numbers of victim identification for the last five years: FY 2014 – 352, FY 2015 – 428,FY 2016 – 463, FY 2017 – 475 and FY 2018 – 450. It is important to note that these numbers reflect victimswho were identified during those years as being a victim of sex or labor trafficking. It does not specify thatvictims were actually trafficked during this specific timeframe. Local data can be obtained through contactinglocal law enforcement and prosecutors. Due to the underground nature of this crime, concrete andcomprehensive data is elusive, but increased awareness of human trafficking drives reporting of suspiciousactivity which can ultimately lead to charges being filed.KANSAS LAWSKansas enacted its first human trafficking law in 2005. Since that time, additional legislation has beenproposed in 2010, 2013, 2015, 2017 and 2018 to strengthen Kansas laws against human trafficking. Legislationenacted last year, Senate Bill 40, strengthened enforcement, support for child victims, anti-demand efforts, andawareness training.Shared Hope International, a victim advocacy group that seeks to end sex trafficking and exploitation ofwomen and children worldwide, issues annual report cards for states through its Protected InnocenceChallenge. The “grade” Kansas received from Shared Hope International for its efforts to combat humantrafficking has improved to an “A” from an “F” in 2011 when the organization first started issuing scorecards.Kansas is one of 10 states to receive an “A” ranking from the advocacy group. Much progress has been madeas a state toward creating the appropriate legal framework to support victims and bring justice to those whoperpetrate this heinous crime, however there is much work to be done to implement these changes in our laws.Mission StatementTo protect the health and safety of the consuming public by licensing qualified individuals and enforcing high standards of practice.

HUMAN TRAFFICKINGCombatting Human Trafficking in Kansas– ContinuedDEMANDThe driving force behind domestic sex trafficking is the demand for commercial sex. If nobody purchasedindividuals for sex, the crime of sex trafficking wouldn’t exist. Last July, Attorney General Schmidt andrepresentatives from more than 60 partnering organizations across the state launched the Demand an Endinitiative, which targets the buyers of commercial sex who create the demand for sex trafficking. Demand anEnd is a sex trafficking-specific public awareness campaign driven by a demand-focused approach anddesigned to complement and build upon legislative initiatives to deter buyers and reduce the demand forcommercial sex.Kansas is one of 11 states participating in this effort supported by Street Grace, a national organization thatmobilizes community resources to fight sex trafficking through awareness, education and action. As part of thepublic awareness initiative, our office created an online petition for Kansans to sign to demand an end to sexbuying. The petition collected more than 3,500 signatures and was presented to the governor and the KansasLegislature earlier this month.Combatting human trafficking takes collaboration between government, the private sector and non-profitorganizations. The public also has a role to play by learning the signs of human trafficking and reportingsuspicious activity to the appropriate authorities. Information about the red flags for human trafficking andhow to report it can be found on our website at https://ag.ks.gov/human-trafficking. To report potential humantrafficking, please call 911 for an emergency or the National Human Trafficking Hotline at 1-888-3737-888.ENDWhat can we do?In 2018, the Board of Cosmetology requested and was subsequently given a presentation from the HumanTrafficking Advisory Board and soon after, the KBOC Inspector’s received training to identify and reportsigns of human trafficking.Shortly thereafter, in January 2019, the Board began including human trafficking flyers along with new andrenewed establishment licensees in the mail. This was done to help promote awareness about this issue andprovide information on how to identify and report signs of human trafficking. Beginning in 2020, the NationalHuman Trafficking Hotline will be able to provide information on the calls received in 2019, including howmany calls were related to the professions the Board regulates. We anticipate these numbers will be availablefor publication for our 2020 Spring newsletter.RED FLAGSThe Polaris Project has identified 25 types of modern slavery; The second highest category includes illicitmassage, health, and beauty services. Nails salons, hair salons, health spas and massage parlors are used toconceal sex and labor trafficking under the guise of a legitimate storefront business. As professionals in thisindustry, it is important to be educated in identifying signs of human trafficking and how to report it. Advertised prices are significantly below marketlevel – workers not earning a fair wage. Back or side entrance that clients looking to engagein illegal activity use. Buzzer entrance. Covered windows or no windows. Clients coming in and out at odd hours, non businesshours. Primarily male clientele. Workers appear to be living on site. Online advertisements/reviews that are graphic.Kansas Board of Cosmetologywww.kansas.gov/kboc2

HUMAN TRAFFICKINGKansas Human TraffickingKansas is a hotspot forhuman trafficking due to itscentral location and theintersection of two majorfederal interstate highways,I-70 and I-35. This makesKansas a target location fortransporting victimsthroughout the les/PolarisTypology-of-ModernSlavery.pdfNational Human Trafficking Resource CenterClick here to submit a confidential online tip.If you or someone you know is being forced to engage in any activity and cannot leave - whether it iscommercial sex, housework, farm work or any other activity - call the toll-free National HumanTrafficking Resource Center Hotline at 1-888-373-7888 or text INFO or HELP to BeFree (233733) toaccess help and services. The toll-free hotline is: Available 24 hours a day, 7 days a weekOperated by a nonprofit, nongovernmental organizationAnonymous and confidentialAccessible in 170 languagesAble to provide help, referral to services, training and information.Kansas Board of Cosmetologywww.kansas.gov/kboc3

PROFESSION UPDATESROLL-ON WAXINGThe Board approved the use of single use roll-on waxingcartridges for waxing services at the July 8th Board meetingafter receiving a presentation from Ms. Cole with the WaxBar, Lawrence KS. Ms. Cole demonstrated the benefits ofusing a roll-on waxing cartridge for each client and how itdisposed of after each service.isWith the assistance of the Board’s legal counsel, the Board voted on and approved the use of single use roll-onwaxing cartridges, as long as the service is being performed with a roll-on wax cartridge system which allowsthe cartridge to be disposed of after each service.The Board extends a round of applause to Ms. Cole for taking the time to act as an advocate for her industrywhich brought a much-needed change to a once prohibited device and service.It is through the collaborative efforts of our licensees and the Board that will bring much needed changes to thecurrent laws and regulations of this wonderful industry!LANCETS AND DERMAPLANINGOn May 13, 2019, the Board approved the use of lancets and scalpels by licensed cosmetologists andlicensed estheticians when performing the beauty modalities of Milia lancing and Dermaplaning. Theseprocedures are for esthetic purposes only and are permitted within the scope of practice as they arenoninvasive and confined to the nonliving cells of the epidermis found in the stratum corneum layer of theskin. These practices do not alter, cut or damage any living cells as is prohibited in KAR 28-24-14 (a)(5).Additionally, the use of the scalpel in dermaplaning is only for exfoliation and hair removal and is notpermitted to be used to remove calluses or skin blemishes as prohibited by KAR 28-24-14 (a)(4).Cosmetology and Esthetics is a rapidly growing and ever-changing industry, and this major approval is aresult of dedicated licensees, Board members and office staff working together to bring much needed changesto the current laws and regulations.MEDICAL DEVICES-CLASS 1 OR AOn May 13, 2019, the Board reviewed KSA 65-1902(a)(12), anddetermined through reasonable interpretation of the statutoryprohibition, that class one medical devices registered with theFDA and approved by the FDA for either medical use or generaluse, are not required to be used under order of a physician, andare not subject to this prohibition as long as they are being usedfor esthetic and not medical purposes.To provide further explanation of the reasonable interpretation ofthis statute, some examples of class one medical devicesregistered with the FDA and approved for general use or medicaluse include surgical trays, rubber gloves, and gauze.It is evident that the Board must use discretion in interpreting thisstatutory prohibition.Kansas Board of Cosmetologywww.kansas.gov/kboc4

PROFESSION UPDATESCHEMICAL PEELSChemicalpeelsareallowed underaCosmetologist/Esthetician license; only if it isnon-invasive, does not go past the stratumcorneum layer of the skin, and is not banned by theFDA pursuant to K.S.A. 65-1901(e); K.A.R. 28-24-1(I); K.A.R. 28-24-14 (a)(5) & K.A.R. 24-24-7(7).It is the responsibility of the practitioner to ensurethey are using products in a way that does notviolate the provided statutes or regulations. Fulltext of the statutes and regulations are cited below.KSA 65-1901(e) "Esthetician" means any personwho, for compensation, practices the profession ofcosmetology only to the following extent:(1) Eyebrow and eyelash services, cleansing,stimulating or performing any other noninvasivebeautifying process on any skin surface by meansof hands or mechanical or electrical appliances,other than electric needles, provided for estheticrather than medical purposes;(2) temporary hair removal from the face or anypart of the body by use of the hands or mechanicalor electrical appliances other than electric needles;or (3 )using cosmetic preparations, antiseptics,lotions, creams or other preparations in performingany of the practices described in in this subsection.KAR 28-24-1(l) Noninvasive,’’ when used todescribe procedures or services, means theprocedures or services confined to the nonlivingcells of the epidermis found in the stratumcorneum layer of the skin. The practice ofcosmetology, nail technology, or esthetics shall notalter, cut, or damage any living cells.KAR 28-24-14(a)(5) - The following shall beprohibited in any area of an establishment orschool in which consumers are providedservice: using invasive skin-removal techniques,products, and practices that remove viable cellsthat are deeper than the stratum corneum;Kansas Board of CosmetologyKAR 28-24-7(d) A licensee or apprentice shallnot use in any establishment or school anyproduct banned or restricted by the FDA for usein cosmetology, nail technology, esthetics, orelectrology.All statutes and regulations pertaining to thecosmetology profession can be viewed onlineusing the following link: �VAMPIRE” Facials“Vampire Facials”, or Platelet Rich Plasma (PRP)therapy, is a procedure that can only be provided inKansas by a licensed physician or under thesupervision of a licensed physician in their office.On June 6th, 2019 the New Mexico AttorneyGeneral issued a consumer health alert warningthat this procedure is very dangerous and thatindividuals in New Mexico have contracted HIVafter receiving the procedures.It is considered a violation of Kansas law toperform “Vampire Facials” in any facility licensedunder the Kansas Board of Cosmetology. Allpractitioners are prohibited from providing thisservice, unless they are under the supervision ofand within a licensed physicians office.NM-CONSUMER HEALTH WARNING: AGBalderas Issues Alert Regarding “VampireFacials” 9ae174b30ac51a7eb286e661f/CONSUMER HEALTH WARNING AG Balderas Issues Alert Regarding %E2%80%9CVampire Facials%E2%80%9D.pdfwww.kansas.gov/kboc5

PROFESSION UPDATESNEW UPDATES TO BODY ARTCONTINUING EDUCATION!!There have been some updates to the body art preapproved list of continuing education! We have addedthe following courses to the list: BBP500 with Your Training Place, worth 5 hourstotal of Infection Control and Blood-borne Pathogenscredit! BBP for non-medical persons with Pacific MedicalTraining, worth 3 hours of Blood-borne Pathogenscredit!Contaminated Ink RecallThe FDA has provided notice that the followingtattoo inks have been recalled because they arecontaminated with microorganisms: Scalpaink SC, Scalpaink PA, and Scalpaink ALbasic black tattoo inks manufactured by ScalpAesthetics (all lots) Dynamic Color - Black tattoo ink manufacturedby Dynamic Color Inc (lots 12024090 and12026090) Solid Ink-Diablo (red) tattoo ink manufacturedby Color Art Inc. (dba Solid Ink) (dba Antone'sInk) (lot 10.19.18)Also, did you know that if you complete aneducational course that is not listed on the preapproved list, you can request credit for the course tobe credited to your CE hour requirement for renewal?All you have to do is submit the Body Art CESubmission Form to the Board along with thefollowing: Location of the courseDescription of the subject that was coveredName of all instructors and their qualificationsCopy of a certificate or sign-in sheetNumber of hours requestingIf we can confirm that the course you completedprovided infection control and/or blood-bornepathogens training, we will be able to grant you theapplicable CE credit towards your license renewal!!REMEMBER- You cannot duplicate any of thecourses within the same renewal ks?fbclid c-kZyuJqlgsKansas Board of Cosmetologywww.kansas.gov/kboc6

PROFESSION UPDATESATTENTION INSTRUCTORS!!!We have some exciting news!You can now renew your licenseonline!!!We are now sending renewalreminder postcards for instructor licenses and willno longer send out the instructor renewal forms bymail! The reminder postcard will provide youinstructions on how you can renew your license.To renew your license online:Go to the KBOC website: www.kansas.gov/kbocand select the “Renew My License” tab at the topof the page. This will take you to a page providingyou with all of the different renewal optionsavailable to you.To renew online, simply use the link under option#1 and select “Create or Reset User ID &Password for a Practitioner”. Once you havecreated a username and password, you will beprompted to select which license you wish torenew. Make sure to click on the Instructorlicense! You will be prompted to upload your CEdocuments and pay the required renewal fee.Once you have successfully uploaded all of yourCE documents and submitted your payment, theKBOC office staff will be notified and will beginprocessing your renewal! Normal processing is 7-10business days and your renewalmust be received on or before theday of expiration to avoid adelinquent fee!If you do not want to renew your license online,you can select option #2 or #3 to renew yourlicense. You may also contact the Board office torequest a renewal form to be sent to you in themail. Make sure to submit all of theCE’s you have taken during the current renewalperiod (even if you have already sent them to theBoard prior to renewal). Office staff will doublecheck the CE’s and make sure there are noduplicates. Kansas Board of CosmetologyIf this is your first time renewing your instructorlicense, CE’s are not required!www.kansas.gov/kboc7

KDHE & LEGISLATIVE UPDATESHB 2384HB 2200 - Threading ExemptionProfessionalhairremovalservices are regulated in Kansasto protect the health and safetyof the consuming public. Propertraining, licensure, and routinecompliance inspections arerequired.HB 2384 - Amending powers, duties and functionsof the Kansas State Board of Cosmetology relatingto licensing and hearings. Establishing a charitable event permitEstablishing a demonstration permitApprentice licensing requirementsPlacing body art laws under KAPAHearing reimbursementReciprocity requirementsDefinition updatesProhibitionsTemporary permit expirationAs cosmetology and estheticprofessionals, you know that sufficient training invarious hair removal techniques, infection control, andthe identification of contraindications is essential toproviding the service safely to the public, regardless ofthe technique being used.Use the link below to access the bill from theLegislative website:http://www.kslegislature.org/li/b2019 20/measures/hb2384/*Provide your feedback to the Board using thefollowing link:https://www.surveymonkey.com/r/JDYP565*Please do not provide any identifying informationwith your feedback.KDHE Infection Control RegulationsAs the Board continues to work with the KansasDepartment of Health and Environment to updatethe infection control regulations, updates areposted to the Board’s website home page. Theseupdates will prompt changes to proper infectioncontrol procedures for daily salon compliance.You can review the most updated version of therequested changes by using the following link:Cosmetology Professions - 092019To provide feedback to the Board regarding theproposed regulations, please use the link below toaccess the designated form. Please do not includeany identifying information in your feedback tothe Board.House Bill 2200 is a bill that was introduced thatwould exempt the hair removal service known asthreading from the Cosmetology act, along with theuse of over-the-counter astringents, gels or powders,tweezers or scissors for that service.If enacted by the Legislature, any person would beable to provide this hair removal service to the publicfor compensation without training or licensurerequirements. This bill would also remove therequirement for facility licensure and annual healthand sanitation inspections for businesses providing thisservice.HB2200: http://www.kslegislature.org/li/b2019 20/measures/hb2200/How can you help? Contact your legislator and shareyour thoughts.CONTACTING YOUR LEGISLATORIf you choose to contact your legislator, please makesure you are contacting the appropriate legislator whorepresents your district. Locate your legislator here:https://openstates.org/Also remember to keep your correspondence withyour legislator professional and respectful as yourepresent your profession!Proposed KDHE Regulations Feedback FormThe survey responses can be viewed here:KDHE Proposed Regulations Survey ResultsKansas Board of Cosmetologywww.kansas.gov/kboc8

FY 2019 StatisticsOverall LicensureThe overall five-year increase for licensure from FY 2015 to FY 2019 is less than 1%, an increase of 12licenses. FY 2019 licensure numbers have recovered to 32, 291 licensees after a three-year decline. TheBoard now has more licensees than ever before toping our FY 2015 record of 32, 279 licensees.FY1527,5304,74932,279Overall -36360-49314-46302-12-14345PractitionersTattoo ArtistsCosmetic Tattoo ArtistsTattoo/Cosmetic Tattoo ArtistsBody /30/1606/30/1706/30/1806/30/19TattooCosmetic TattooTattoo/Cosmetic TattooBody 2107-56281333116967615361248Kansas Board of 5FY199330159

FY 2019 StatisticsPractitionersCosmetologistsCosmetology Techs.ManicuristsEstheticiansElectrologistsSenior StatusTotalDifferenceEstablishmentsCosmetologyNail 900606650FY15-FY19-2549102-1We Have an App for That!Do you have our latest app? Kansas Board of CosmetologyLaws and RegulationsSelf– Inspection ToolCompliance ResourcesLicense Verificationwww.kansas.gov/kboc10

FY 2019 StatisticsSchoolsCosmetologyEstheticsNail 328270-6ApprenticesCosmetologyNail censingBoard staff processed 15,597 renewals and 4,322 new initial licenses in FY 2019 for over 19,000 D May280270291June391335345Total FY432343054322Of all renewals completed, 76% were completed through the agency’s online renewal portal and 88% of the KBOClicensees renewed their licensure for FY 2019.RENEWALS ONLINETotal FYFY1768%FY1872%FY1976%Kansas Board of CosmetologyFY17FY18FY19RENEWALS FYTotal ABLE LICENSESTotal FYFY1717456FY1817471FY191754311

FY 2019 StatisticsEnforcementIn FY 2017 the Board approved the new fine schedule and spent the rest of FY 2017 and FY 2018 providingnotice of the new fine schedule along with the required citation. After the implementation of the fine schedulein FY 2019, health and sanitation violations decreased by 23%. Inspectors report that licensure violationsincreased primarily due to non-compliance with proper signage, inspection report, infection control regulationand license postings as required by statute. The decrease in compliance could be attributed to providing a newoption of having the establishment inspection reports emailed or mailed. The inspection reports are alsoavailable through the Board’s online verification portal for viewing and printing. Additionally, upon requestthe Board will mail the required inspection report, signage, and infection control regulations. To help promotecompliance, the Board provides self-inspection checklists, statutes and regulations, and infection controlrequirements online and through the KBOC mobile app.FY 2017FY 2018FY 2019Inspection Report ViolationsLicensure282468460Health and Sanitation3,8384,0213,060Total Violations412450124079With the implementation of the new fine schedule in FY 2019, health and sanitation disciplinary actions thatresult in fines have increased. We are hopeful that the health and sanitation violations continue to decline aswell as the disciplinary action needed to promote compliance in FY 2020. The Board has requested updates tothe KDHE health and sanitation regulations which we hope will be approved by the end of this year. Weanticipate increased compliance and decreased violations and disciplinary actions related to health andsanitation with the approval and enforcement of the updated regulations as they have been reduced, updatedand clarified. License compliance related disciplinary action increased in FY 2018 because of increasedsubmissions for licensure with fraudulent identification and/or training.Disciplinary ActionLicensure EstablishmentsFY 201746FY 201871FY 201945Licensure Practitioners8612597Health and Sanitation2062196Discipline-Misc104210Total Disciplinary Actions162300348Board Inspectors attempted and conducted over 4,000 inspections in FY 2019. There was a decrease inroutine inspections offset by an increase in compliance inspections, re-checks and conditioned facilities. Theoverall decrease in inspections was due to an inspector vacancies in Region two and four. The reduction alsoreflects an increase in the length of time for inspections to provide licensees more education in infectioncontrol practices during inspections.FY 2017FY 2018FY 2019Routine3,2713,4292,723Compliance (new)731666671Re-check113644Have a quick question? Need a quick answer?Unable to wait for a call back? For a fasterresponse, please e-mail us at kboc@ks.gov!Kansas Board of CosmetologyComplaint284834Condition0314ICS 0Kudos or concerns about inspections should bedirected to the Board office.Please complete a Customer Service Survey. Thissurvey can be found at the bottom of the Home pageof the KBOC website or by using the following sas.gov/kboc12

HELPFUL REMINDERS!Renewal NoticesInspection Reports1st Renewal Notice: Ayellow renewalreminder postcard will bemailed out to the most recent address the Board hason file, at least 6 weeksprior to expiration.Inspection reports are now available on-line! Pleasevisit the License Verification tab on our website atwww.kansas.gov/kboc Please have your full facilitylicense number ready to conduct a search.2nd Renewal Notice: A courtesy email notice willbe sent to the last email address the Board has onfile, approximately 10 days prior to expiration.Final Renewal Notice: A courtesy email noticewill be sent to the last email address the Board hason file, approximately 10 days after the expirationdate of the license.If you requested the report be e-mailed by your regioninspector, we ask that you give the region inspectorone (1) business day to send the report. If it has beenmore than one (1) business day since your inspectionand you have not received the report by e-mail, thenplease obtain a copy on-line or contact ouroffice to request a copy be mailed to you.When contacting the office for a copy of the inspectionreport, please have the current facility license numberready. This ensures the correct report is being mailedfor the correct facility.Unsure of when your license expires?All expiration dates are listed directly on the license.Already renewed but have not received yourlicense?Please allow 7-10 business days to receive yourlicense. Otherwise, contact the Board!PLEASE NOTE: The postcard is only a courtesy reminder and is not required in order to renew! The Board is NOT responsible for lost ordelayed mail.The Board has created anotification page on ourwebsite!Please make sure to check itoften to stay up to date on themany changes the Board isworking on!What kind of notices?* Proposed Health & Sanitation Regulation Changes *Alerts & Warnings * Job Postings * Survey Results *Legislative Updates * General Reminders *Visit: http://www.kansas.gov/kboc/Notices.htmKansas Board of Cosmetologywww.kansas.gov/kboc13

BOARD RECOGNITIONSAva Fiene Retiring!Ava will be retiring on December 31st.Ava began her career inspecting for theBoard in September 1981, she has beenwith the Board for 38 years. She is currently the Region 1 inspector. Her wisdom, guidance and encouragement havebeen a great asset to the Board and all who work withher. Thank you Ava for your service to Kansas andthe Board of Cosmetology, you will be sorely missed.Licensee MilestonesThe Board would like torecognize and congratulate thefollowing licensees on over 50years of professional licensure!Florentine Bates65 YearsJudith Inman61 YearsMila LeValley58 YearsThe Board welcomes Jesse Adams to theteam as the new Region 2 Inspector!Jesse started in April of this year withthe Board. He brings years of militaryand corrections experience to the KBO

women and children worldwide, issues annual report cards for states through its Protected Innocence . non business hours. Primarily male clientele. . Cosmetology and Esthetics is a rapidly growing and

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