65-1909. Violations; civil and criminal remedies.

65-1909

Chapter 65.--PUBLIC HEALTH
Article 19.--LICENSURE OF ENTITIES BY STATE BOARD OF COSMETOLOGY

      65-1909.   Violations; civil and criminalremedies.(a) No person shall:

      (1)   Employ an individual or allow any individual to engage in anyactivity for whicha license is required pursuant to K.S.A. 65-1902, and amendments theretounless such individual holds a currently valid license issued to suchindividual;

      (2)   violate anyorder or ruling of the state board of cosmetology;

      (3)   fail or refuse to comply with rules and regulations prescribed bythe board or applicable sanitation standards adopted by the secretary ofhealthand environment pursuant to K.S.A. 65-1,148, and amendments thereto; or

      (4)   violate any of the provisions of article 19 ofchapter 65 of Kansas Statutes Annotated.

      (b)   Violation of subsection (a) is a misdemeanor punishable by a fineof not less than $10 nor more than $100, or by imprisonment in thecounty jail for not less than10 days nor more than 90 days, or by both such fineand imprisonment.

      (c)   The board may bring an action in its own name in a court of competentjurisdiction to enjoin any person from practicingor teaching cosmetology, esthetics, nail technology or electrology or fromoperating asalon, clinic or school where suchcourses are taught without a currently valid license.In any civil action brought under this section, it shall be presumed thatirreparable damage will occur where the board alleges and proves a personcommitted a violation of such licensing laws. In addition to issuing an orderfor injunctive relief, the court also may assess a fine of not to exceed $1,500against such person.

      History:   L. 1927, ch. 245, § 12; L. 1949, ch. 334, § 5; L. 1975,ch. 322, § 9;L. 1987, ch. 238, § 8;L. 1989, ch. 195, § 8;L. 1998, ch. 160, § 11;L. 2002, ch. 187, § 9;L. 2008, ch. 108, § 8; July 1.