Board Meeting Minutes March 9, 2020

The Kansas Board of Cosmetology held a Board meeting on Monday, March 9, 2020, at 9:30 a.m. at the

Board office at 714 S.W. Jackson Street, Suite 100, Topeka, Kansas. The Board Secretary recorded the

minutes.

Board Members Present:

David Yocum, Chair

Christine Burgardt, Member

David Tucker, Member

Kelly Robbins, Member

Kimberley Mancuso, Member

Nichole Hines, Member

Members of the Public:

Evelyn Foster

Janet Burke

Tracy Hein

Danielle King

Michelle Legg

Staff Present:

Laura Gloeckner, Executive Director

Aubrie Pryer, Assistant Director

Janet Durheim, Compliance Supervisor/

Interim Board Secretary

Angela Stockdale, Enforcement

Kathy Moore, Licensing

Vickie Rodriguez, Licensing

Darla Ray, Accounting

Jesse Adams, Region 2 Inspector

Board Legal Counsel Present:

Charles Macheers, General Counsel

Jane Weiler, Litigation Counsel

Public Comment

Tracy Hein requested the Board reconsider regulation changes concerning the single use of capes due to

costs and environmental concerns. Tina Burgardt, Member, requested a copy of Ms. Hein’s cost figures to

be emailed to the Board.

David Yocum, Board Chair, requested the Board Members, Staff and members of the

public in attendance introduce themselves.

Call to Order

David Yocum, Board Chair, called the meeting to Order at 9:53 a.m.

Mr. Yocum mentioned that Athena Andaya, General Counsel, wouldn’t be present for personal reasons.

Charles Macheers was standing in due to her absence.

Motion and second to remove and table items 15 and 16 from the agenda and approve

the remainder of the agenda made by Burgardt and Robbins, respectively. Motion carried.

.

Minutes of November 18, 2019, January 13, 2020, February 12, 2020

Motion and second to table the minutes of November 18, 2019, January 13, 2020, and February 12, 2020,

until verification Ms. Andaya has approved them made by Burgardt and Mancuso, respectively. Motion

carried.

K.A.R. 28-24-4 - Capes

Aubrie Pryer, Assistant Director, provided an overview of the processes that have taken place regarding

the Kansas Department of Health and Environment (KDHE) regulation changes being made. The

regulations have been discussed at past Board meetings and the Board has requested feedback from

licensees. Other states have already implemented similar changes. Capes are able to be laundered or

disinfected, depending on the type of cape.

Mr. Yocum mentioned that protecting the public is the Board’s focus and the importance of infection

control is why KDHE has made the recommendation for these changes.

KCKCC Adding Esthetics Program

Laura Gloeckner, Executive Director, requested the Board’s approval for KCKCC to add the esthetics

program to their curriculum.

Motion and second to approve KCKCC adding the esthetics program to their curriculum was made by

Burgardt and Robbins, respectively. Motion carried.

Entourage-New Instructor Program

Ms. Gloeckner requested the Board’s approval for Entourage to add a 300 hour and 450

hour instructor program to their curriculum.

Motion and second to approve Entourage adding the 300 hour and 450 hour instructor programs to their

curriculum was made by Burgardt and Robbins, respectively. Motion carried.

Staff Changes-Regarding Enforcement

Janet Durheim, Compliance Supervisor, informed the Board of the recent Senior Administrative

Assistant vacancy in Enforcement and the plan to transition Angela Stockdale, Receptionist, into the

position. The Receptionist position has been posted and will be filled as soon as possible. Ms. Stockdale

will assist in the training of that position.

Intercall Changes

Ms. Pryer discussed the use of the Intercall system as it has more features than the current conference

call system. Moving forward, the board will be utilizing the Intercall system for ease and expansion of its

technology capabilities.

Parking Changes

Ms. Gloeckner discussed the parking issues Board staff and members were having with reserved

parking in front of the office and will move to utilizing the Parish parking lot north of the parking

garage.

Legislative Update

Ms. Gloeckner provided an update of bills currently pending legislation and provided links for each bill

for the Board’s reference.

Board Name Change

Ms. Gloeckner made a request for permission to pursue a Board name change as the current name is

misleading to the public.

Mr. Yocum discussed the request to make a Board name change to create a clear picture to the public of

what the Board represents and regulates.

Motion to change the Board name to Board of Cosmetology, Body Art and Tanning and permission to

pursue legislation made by Burgardt and Hines, respectively. Motion carried unanimously.

KDHE and Other Regulation Updates

Ms. Pryer informed the Board that the Public Hearing for the KDHE/KBOC Infection Control

Regulation updates was held on February 19, 2020, and only a few public members were present. Board

staff met with KDHE for review of each public comment. The updated regulations will be sent to the

Kansas Secretary of State’s office to be published in the Kansas Register. Once published, regulations

will go into effect in 15 days.

Ms. Pryer informed the Board of the regulations that are currently in the process of being proposed:

69-3-7 (student records), 69-15-6 (body art temporary permits), 69-15-31 (felony review for body art),

69-1-4 (removing blood spill requirements for testing), 69-16-1 (unprofessional conduct and grossnegligence). An informal review has been completed with the Department of Administration prior tosubmitting to Budget.

69-16-1 creates a new article which falls under the Board’s scope of regulations. Unprofessional

Conduct was previously recommended by Athena Andaya, General Counsel, for the title of Article 16.

Motion for Article 16 to be named Unprofessional Conduct made by Burgardt and Hines, respectively. Motion carried unanimously.

KDHE Rollout Plan

Ms. Gloeckner informed the Board of the rollout plan for the KDHE regulation updates. Board staff

have been assigned duties to complete the rollout plan prior to June 1, 2020, with a go live date of July

1, 2020.

Recess

Motion and second to approve a 10-minute recess break made by Robbins and Burgardt,

respectively. Motion carried.

Call to Order

Mr. Yocum, Board Chair, called the meeting back to order at 11:08 a.m.

Written Exam Review-Update

Ms. Gloeckner informed the Board that the written exam item database has been reduced to a more

manageable size and all question references, with the exception of law questions, have been

reviewed and updated. Review and approval of Kansas law questions will take place on March 19,

2020.

Practical Exam Committee Update

Ms. Gloeckner informed the Board that the practical exam subcommittee consisting of Laura

Gloeckner, Executive Director, and Nichole Hines, Ashley Rangel and Christine Burgardt,

Members, have met and made the cosmetology practical recommendations to decrease exam time as

outlined below:

Cosmetology Practical Recommendations:

Blood Spill Procedure Demonstration- 15 minutes: Purpose is to evaluate proper procedure if a

blood spill occurs during service.

Proposal: Remove as a separate scoring requirement– requires regulation change, process initiated.

Approved by the Board 1/13/2020. Until this is completed, no other changes can be made to the

practical exam concerning this service- revisit options of, keeping it as is, adding it within another

service or removing it from the practical and adding it to the written exam at that time.

Initial Setup- 10 minutes- Purpose is to evaluate sanitary set up of station in

preparation of services.

No change proposed

Service 1- Thermal Curling- 12 minutes-Purpose is to evaluate safe handling of the curling

iron. Proposal: Reduce section by half in only requiring one demonstration and total of 3

curls.

Demonstrate an off-base, on-base, and half-base curl. (Anticipated time reduction: 5 minutes)

Service 2- Haircut- 33 minutes-Purpose is to evaluate whether the candidate can use scissors/razor without harming themselves or the client.

Proposal one: Remove section and add relevant practical questions to written exam as proposed in

presentation by Paul Mitchell The School Overland Park at the January 2020 Board meeting.

(Anticipated time reduction: 33 minutes)

Proposal two: Only cut half the head, add Blood Spill Procedure on Self during this domain, add use

of a straight razor to cut perimeter and add Blood Spill Procedure on Self during this domain.

(Anticipated time reduction: 5 minutes, plus unable to move blood spill as separate scoring currently)

Proposal three: Cut perimeter with straight razor, shears for bangs and around ear. Remove interior

layer 1” cut, remove cross check (Anticipated time reduction: 15 minutes).

Service 3- Chemical Waving –22 minutes Purpose is to evaluate safe application of chemicals for

chemical waving service.

No change proposed

Service 4 - Hair Coloring & Lightening 24 minutes and Service 5 - Chemical Relaxer 22

minutes– Purpose is to evaluate safe application of chemicals for hair coloring, lightening, and

chemical relaxer.

Proposal: Consolidate into one service, eliminate virgin lightener and relaxer retouch, but

keep color retouch and virgin relaxer (Anticipated time reduction: 22 minutes).

Service 6 – Facial- 19 minutes- Purpose is to evaluate safe procedures in providing facial

services. No change proposed.

Service 7 Sculptured Nail- 19 minutes- Purpose is to evaluate safe procedures in providing nail

services.

Proposal: Remove this service, safe nail services can be demonstrated in Service 8- Manicure.

(Anticipated time reduction: 19 minutes).

Service 8- Manicure. – 22 Minutes No change proposed.

CLEAN UP- No time limit- No change proposed.

Current Exam time: 197 minutes or 3 hours and 17 minutes.

Accepting all proposed changes with proposal 1 Service 2 – Haircut: 119 minutes or 1 hour and 59

minutes. (Meets proposed specifications that practical exam be no more than 2 hours in length.)

Accepting all proposed changes with proposal 2 Service 2 – Haircut: 151 minutes or 2 hours

and 26 minutes

Accepting all proposed changes with proposal 3 Service 2 – Haircut: 136 minutes or 2 hours

and 16 minutes.

Motion to accept the cosmetology practical recommendations utilizing proposal three under Service 2-

Haircut made by Burgardt and Hines, respectively. Motion carried unanimously.

Exams Contract

Ms. Gloeckner requested the Board’s review and approval of the contract for the development and

administration of exams as outlined below.

Specifications

This contract is for the development and administration of exams to determine minimal competency

for Kansas professional licensure for the Kansas Board of Cosmetology.

Contract Term: The initial contract term shall be for three (3) years with two (2) one-year

renewable options upon written agreement by the parties. The exam fee pricing shall

remain unchanged for the initial three (3) year term.

Scope of Work: The licensure exams shall include the following professions: Cosmetology, Nail

Technology, Esthetics, Electrology, Instructors for each profession, Tattooing Body Piercing,

Permanent Cosmetics.

Test development and administration shall be legally defensible to meet or exceed the nationally

recognized standards set by the National Council on Measurement in Education, the American

Education Research Association, and the American Psychological

Association.

Security and confidentiality standards must be maintained during the development and

administration of the Kansas licensure exams.

Licensure exams shall include both written and practical exams. These exams shall be based on the

Kansas Department of Health and Environment (KDHE), KBOC Infection Control Standards and

curriculum requirements, and primarily focused on high risk services.

The exam company shall re-evaluate each exam annually to ascertain accuracy, reliability

and validity and provide KBOC a report to approve any changes made. The Kansas Board of

Cosmetology shall review and approve the specifications and questions for each

examination prior to implementation.

The exam company shall provide KBOC candidates with practice written exams.

The exam company shall provide written and practical exam review options for candidates who fail

exams.

All exam sites must be in compliance with ADA requirements.

Exam Reviews

Exam reviews shall be provided within 60 days after examination for written and practical exams

Only exam candidates will be permitted to review the exam

Incorrect answers/steps will be provided

Correct answers will not be provided

Exam reviews shall be computer based administered

Security and confidentiality standards must be maintained during exam reviews

Retesting:

Candidates failing examination will only be required to retake the failed sections of the written or

practical exam.

Written Exams

The written exams shall be administered as a computer-based test.

The written exam shall include a bank of exam questions referenced to two major text books relative

to each respective profession.

The exam shall include at least 75 multiple choice questions to be reflective of the Kansas curriculum

requirements.

The Kansas written exam shall include a bank of exam questions pertinent to Kansas licensing laws

and regulation. At least 10 Kansas specific multiple-choice questions must be included.

The Kansas Board of Cosmetology shall establish the passing score for the written exams.

The written exam shall be administered in multiple Kansas towns/cities.

The Kansas written exam shall also be available in those states immediately surrounding Kansas to

accommodate those out-of-state licensure applicants seeking Kansas licensure.

Locations within other states shall also offer the Kansas written exam to accommodate those wishing to

attain Kansas licensure.

The exam candidate will be provided immediate test results upon completion of the written exam.

Practical Exams

The practical examinations (“hands-on skills”) shall be based on the Kansas Department of Health and

Environment (KDHE), KBOC Infection Control Standards and curriculum requirements, high risk

services, client protection, and shall be reference to two major textbooks and shall be limited to only the

minimum competency necessary to provide

services to the public without harm.

The practical exam shall include a separate section on client protection (K.A.R. 69-1-4).

This section of the exam shall be scored and reported individually.

The Kansas Board of Cosmetology shall establish the passing score for the practical exams and the client

protection section of the exams.

The practical examinations shall be administered at least monthly or more often as

necessary.

The practical examination shall be no more than 2 hours in length.

A candidate shall not be marked off more than one time for the same infraction during a service.

Exam results shall be provided to the candidate preferably within three business days of

testing date and no more than seven.

Exam Administration, Exam Registration, and Exam Scheduling

Once the schools have determined that a student has completed appropriate training; the school

will register the student as eligible to take the exam and notify the exam company of the students’

readiness and approval to take the exam.

The exam candidate will submit a completed exam registration form and fee to the licensure exam

contractor.

The licensure exam contractor will promptly and timely schedule each exam candidate for all aspects

of the licensure exams. This shall include all administrative tasks such as correspondence

acknowledging receipt of exam registration and fee, scheduling and examination results.

Examination results sent to the candidate shall include the score report and a strength and weakness

report. Should an exam candidate be unsuccessful in completing their exams, the licensure exam

contractor will provide written correspondence and exam registration forms to the candidate for re-

examination purposes.

A Candidate Information Bulletin (CIB) shall be developed and made available via a dedicated exam

website for the State of Kansas.

The CIB shall outline the exam registration procedure, required fees, exam administration and also

include information relating to the subject matter content of the exams and additional information

deemed necessary to adequately inform the exam candidate.

The CIB’s shall be made available to the candidate, respective Kansas schools, the Kansas Board of

Cosmetology and via the State of Kansas dedicated exam website.

The licensure exam contractor shall have supply a toll-free number during business hours (M- F

8am-7pm) and a 24-hour online ticketing system to answer exam candidate questions regarding the

exam scheduling process.

The exam contractor shall be responsible for hiring, training and paying exam administrators and

raters.

The exam company shall submit annual verification to the Board that practical exam raters and exam

administrators have been annually trained, certified, and timely updated on all aspects of the practical

exams.

CBT proctors shall be trained and certified annually, and verification shall be provided to the Board.

Exams shall be administered in an environment to enhance the candidates’ ability to successfully

complete the exam. The testing facilities shall be quiet, clean, accessible and provide enough room to

accommodate the exam comfortably.

The exam contractor shall administer a seamless candidate appeal process. The Board of Cosmetology

shall be notified of each appeal.

Contractor will provide the Kansas Board of Cosmetology with a copy of any incident report

immediately following the exam date on which an incident occurs

At least weekly notice will be provided to the Kansas Board of Cosmetology reporting the scores of

exam candidates who took the exam(s) the preceding week. For those exam candidates who

successfully completed all portions of the exam, the license will be issued by the Kansas Board of

Cosmetology.

An Internet portal shall be provided giving each school manager access to monthly pass/fail reports, to

report student hours and minimum practices monthly to the Board, and to refer candidates for

examination.

An Internet portal shall be provided giving the Kansas Board of Cosmetology access to monthly pass/

fail reports for each school, and access to each student record including strength and weakness reports

for each candidate. The reports shall provide a listing of each school and the respective students of that

school who took the exams. The exam results for each student should only be denoted as a pass or fail

for each segment of the exam (written, practical, or client protection).

As a Kansas business partner, any portal containing sensitive information of Kansas applicants

provided or used shall meet or exceed the Kansas information security

standards.

An annual strength and weakness report shall be provided to each school

The exam company shall complete updates and maintenance for the portal as requested and within a

reasonable time period depending on the scope of work involved.

Statistical analysis reports shall be available on the Kansas Board of Cosmetology Internet portal

monthly

A biometric ID security system (or other current ID security system) shall be established at the exam

sites.

Practical exam sites shall be provided in at least three (3) locations in the state.

An annual meeting with school personnel shall be scheduled to provide schools with pertinent

information regarding exam process.

Additional written test dates shall be provided in each month when regularly scheduled date fills in

advance.

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Costing Sheet

Proposed locations for WRITTEN tests (tentative, pending approval by Board of Cosmetology after

award): Sedgwick County, Ellis County, Johnson County

Proposed locations for PRACTICAL tests – minimum of three (3), (tentative, pending approval by

Board of Cosmetology after award): Sedgwick County, Ellis County,

Johnson County

Other Cost Factors: Subsequent retesting fees for all exams are $75.00 each, except

for client protection re-take which is $50.00.

Motion and second to approve the contract for the development and administration of exams was made by

Hines and Burgardt, respectively. Motion carried unanimously.

Recess

Motion and second to approve recess break until 12:00 p.m. made by Robbins and Hines, respectively.

Motion carried.

Call to Order

Mr. Yocum, Board Chair, called the meeting back to order at 12:08 p.m.

Spring Newsletter Ideas/Requests

Ms. Gloeckner asked for ideas or requests of items to be included in the spring newsletter which will be

going out in May.

KBOC Strategic Plan

Ms. Gloeckner requested the Board’s review and to update the KBOC Strategic Plan. Mr. Yocum and Ms.

Gloeckner will work together on preliminary updating the plan and bring it to the Board for further updates.

COVID-19

Ms. Gloeckner discussed the resources being provided to licensees on our website directing licensee

inquiries regarding the COVID-19 virus.

Disciplinary Panel Meeting-Complaints

Ms. Gloeckner asked the Disciplinary Panel to remain after adjournment to meet with staff to discuss the

implementation of the new complaint process and reviewing complaints for guidance.

KBOC Cash Balance Reports: 4th Qtr, December, January

For Informational Purposes Only

Ergometrics Reports: 4th Qtr, December, January

For Informational Purposes Only

Adjournment

Motion and second to adjourn the meeting at 12:24 p.m. made by Burgardt and Hines respectively. Motion

carried.