AGO 1989-082.

• Case Date: July 05, 1989
• Court: Kansas

Kansas Attorney General Opinions 1989. AGO 1989-082. July 5, 1989ATTORNEY GENERAL OPINION NO. 89-82Louis Armstrong Administrative Officer State Board of Barber Examiners 717 S. Kansas Avenue Topeka, Kansas 66603-3811 Re: Public Health--Examination, Registration and Regulation of Barbers; Practice of Barbering Regulated by Act; Barber Advertisement by Cosmetologist Synopsis: A licensed cosmetologist cannot advertise his services as those provided by a barber shop unless he is licensed as a barber, even though the services performed by barbers and cosmetologists have a common field of practice. Similarly, a cosmetology shop providing only the services of licensed cosmetologists cannot use a "barbering pole" to advertise. Cited herein: K.S.A. 65-1801 et seq.; K.S.A. 65-1901 et seq.; K.S.A.1988 Supp. 65-1904a. * * * Dear Mr. Armstrong: As Administrative Officer of the State Board of Barbers you inquire first whether the statutes regulating the practice of barbering, K.S.A. 65-1801 et seq., preclude a licensed cosmetologist from advertising his services as those of a barber shop and second whether a cosmetology shop may erect a "barbering pole" without violating the barbering statutes. You indicate for purposes of your first question that the licensed cosmetologist in question is a sole proprietor and has no employees that are either licensed barbers or cosmetologists. The shop is called Jack's Barber Shop and the services provided are those of a licensed cosmetologist. We note that the legal issue presented is not whether a licensed cosmetologist (or any person) may own or maintain a barber shop. Any person may own or maintain a barber shop or a cosmetology shop, regardless of whether the person is licensed as a barber or cosmetologist. State, ex rel., v. Cavender, 131 Kan. 577, 581 (1930). See K.S.A. 65-1823 et seq. (regulation of barbership business) and K.S.A.1988 Supp. 65-1904a (licensing of a cosmetology salon or clinic). See generally 56 A.L.R.2d 879, 894 (1957). However, both barbers and cosmetologists must be licensed to practice their occupations. While the two occupations have a common field of practice, in this state the two are distinct and regulated by different legislative enactments, K.S.A. 65-1801 et seq. and 65-1901 et seq. A licensed cosmetologist may do all the things the cosmetology statutes...