Senate Bill No. 13–Committee on Commerce and Labor

Prefiled January 8, 1999

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Referred to Committee on Commerce and Labor

 

SUMMARY—Revises various provisions governing practice of cosmetology. (BDR 54-95)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to cosmetology; establishing a program for the training of cosmetologists’ apprentices; providing a fee for the registration of such apprentices; authorizing the issuance of a citation and providing an administrative penalty for the unauthorized practice of cosmetology; providing a fee for an application for a license to practice cosmetology; revising the requirements relating to reciprocity for licensure in any branch of cosmetology; revising provisions governing the licensure of a cosmetological establishment; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. Chapter 644 of NRS is hereby amended by adding thereto

1-2 the provisions set forth as sections 2 to 5, inclusive, of this act.

1-3 Sec. 2. "Cosmetologist’s apprentice" means a person who is engaged

1-4 in learning the occupation of a cosmetologist in a cosmetological

1-5 establishment and who is registered with the board to practice

1-6 cosmetology as a cosmetologist’s apprentice.

1-7 Sec. 3. 1. The board may issue a certificate of registration as a

1-8 cosmetologist’s apprentice to a person if:

1-9 (a) The person is a resident of a county whose population is less than

1-10 35,000; and

1-11 (b) The training of the person as a cosmetologist’s apprentice will be

1-12 conducted at a licensed cosmetological establishment that is located in

1-13 such a county.

1-14 2. An applicant for a certificate of registration as a cosmetologist’s

1-15 apprentice must submit an application to the board on a form prescribed

2-1 by the board. The application must be accompanied by a fee of $100 and

2-2 must include:

2-3 (a) A statement signed by the licensed cosmetologist who will be

2-4 supervising and training the cosmetologist’s apprentice which states that

2-5 the licensed cosmetologist has been licensed by the board to practice

2-6 cosmetology in this state for not less than 5 years immediately preceding

2-7 the date of the application and that his license has been in good standing

2-8 during that period;

2-9 (b) A statement signed by the owner of the licensed cosmetological

2-10 establishment where the applicant will be trained which states that the

2-11 owner will permit the applicant to be trained as a cosmetologist’s

2-12 apprentice at the cosmetological establishment; and

2-13 (c) Such other information as the board may require by regulation.

2-14 3. A certificate of registration as a cosmetologist’s apprentice is valid

2-15 for 2 years after the date on which it is issued and may be renewed by the

2-16 board upon good cause shown.

2-17 Sec. 4. 1. A cosmetologist’s apprentice shall display the certificate

2-18 of registration issued to him by the board in plain view of the public at the

2-19 position where he is being trained. The cosmetologist’s apprentice, the

2-20 licensed cosmetologist supervising and training the cosmetologist’s

2-21 apprentice, and the owner of the cosmetological establishment where the

2-22 cosmetologist’s apprentice is being trained shall not advertise or hold the

2-23 cosmetologist’s apprentice out as being a licensed cosmetologist, or use

2-24 any title or abbreviation that would indicate that the cosmetologist’s

2-25 apprentice is a licensed cosmetologist.

2-26 2. To receive credit for his apprenticeship, a cosmetologist’s

2-27 apprentice must be regularly employed during his training by:

2-28 (a) The cosmetological establishment where he is being trained; or

2-29 (b) If the cosmetologist’s apprentice is being supervised and trained by

2-30 a licensed cosmetologist who is leasing space in a cosmetological

2-31 establishment, the licensed cosmetologist.

2-32 3. Not more than one cosmetologist’s apprentice may be employed at

2-33 any time at a licensed cosmetological establishment.

2-34 4. A licensed cosmetologist who is supervising and training a

2-35 cosmetologist’s apprentice shall:

2-36 (a) Supervise all work done by the cosmetologist’s apprentice; and

2-37 (b) Be in attendance at all times that the cosmetologist’s apprentice is

2-38 engaged in the practice of cosmetology.

2-39 5. A licensed cosmetologist who is supervising and training a

2-40 cosmetologist’s apprentice shall keep a daily record of the training that is

2-41 provided to the cosmetologist’s apprentice. The licensed cosmetologist

2-42 shall:

3-1 (a) Keep the daily records at the cosmetological establishment where

3-2 the cosmetologist’s apprentice is being trained and, upon the request of

3-3 the board, make the daily records available to the board; and

3-4 (b) Submit a copy of the records to the board at such regular intervals

3-5 as the board may require by regulation.

3-6 6. For the purposes of this chapter:

3-7 (a) A licensed cosmetologist is not required to obtain a license from the

3-8 board as an instructor to train a cosmetologist’s apprentice pursuant to

3-9 this section and section 3 of this act, and the licensed cosmetologist is not

3-10 subject to regulation as an instructor because he provides such training.

3-11 (b) A licensed cosmetological establishment which employs a

3-12 cosmetologist’s apprentice or at which a cosmetologist’s apprentice is

3-13 being trained is not subject to regulation as a school of cosmetology

3-14 because the cosmetologist’s apprentice is being trained at the

3-15 cosmetological establishment.

3-16 7. The board may adopt:

3-17 (a) Regulations relating to the qualifications of a licensed

3-18 cosmetologist to supervise and train a cosmetologist’s apprentice;

3-19 (b) Regulations relating to the procedures and subject matter that must

3-20 be included in the training of a cosmetologist’s apprentice;

3-21 (c) Regulations relating to the training of a cosmetologist’s apprentice

3-22 to verify the number of hours of training received by the cosmetologist’s

3-23 apprentice; and

3-24 (d) Such other regulations as the board determines necessary to carry

3-25 out the provisions of this section and section 3 of this act.

3-26 Sec. 5. 1. In addition to any other penalty:

3-27 (a) The board may issue a citation to a person who violates the

3-28 provisions of NRS 644.190. A citation issued pursuant to this paragraph

3-29 must be in writing and describe with particularity the nature of the

3-30 violation. The citation also must inform the person of the provisions of

3-31 subsection 2. A separate citation must be issued for each violation. If

3-32 appropriate, the citation may contain an order to cease and desist.

3-33 (b) Upon finding that a person has violated the provisions of NRS

3-34 644.190, the board shall assess an administrative fine of:

3-35 (1) For the first violation, $500.

3-36 (2) For the second violation, $1,000.

3-37 (3) For the third or subsequent violation, $1,500.

3-38 2. To appeal a finding of a violation of NRS 644.190, the person must

3-39 request a hearing by written notice of appeal to the board within 30 days

3-40 after the date on which the citation is issued.

4-1 Sec. 6. NRS 644.020 is hereby amended to read as follows:

4-2 644.020 As used in this chapter, unless the context otherwise requires,

4-3 the words and terms defined in NRS 644.0205 to 644.029, inclusive, and

4-4 section 2 of this act have the meanings ascribed to them in those sections.

4-5 Sec. 7. NRS 644.190 is hereby amended to read as follows:

4-6 644.190 1. It is unlawful for any person to conduct or operate a

4-7 cosmetological establishment, school of cosmetology or any other place of

4-8 business in which any one or any combination of the occupations of

4-9 cosmetology are taught or practiced unless he is licensed in accordance with

4-10 the provisions of this chapter.

4-11 2. Except as otherwise provided in subsection 4, it is unlawful for any

4-12 person to engage in, or attempt to engage in, the practice of cosmetology or

4-13 any branch thereof, whether for compensation or otherwise, unless he is

4-14 licensed in accordance with the provisions of this chapter.

4-15 3. This chapter does not prohibit:

4-16 (a) Any student in any school of cosmetology [,] established pursuant to

4-17 the provisions of this chapter [,] from engaging, in the school and as a

4-18 student, in work connected with any branch or any combination of branches

4-19 of cosmetology in the school.

4-20 (b) An electrologist’s apprentice from participating in a course of

4-21 practical training and study.

4-22 (c) A person issued a provisional license as an instructor pursuant to

4-23 NRS 644.193 from acting as an instructor and accepting compensation

4-24 therefor [,] while accumulating the hours of training as a teacher required

4-25 for an instructor’s license.

4-26 (d) The rendering of cosmetological services by a person who is licensed

4-27 in accordance with the provisions of this chapter, if those services are

4-28 rendered in connection with photographic services provided by a

4-29 photographer.

4-30 (e) A registered cosmetologist’s apprentice from engaging in the

4-31 practice of cosmetology under the immediate supervision of a licensed

4-32 cosmetologist.

4-33 4. A person employed to render cosmetological services in the course

4-34 of and incidental to the production of a motion picture, television program,

4-35 commercial or advertisement is exempt from the licensing requirements of

4-36 this chapter if he renders cosmetological services only to persons who will

4-37 appear in that motion picture, television program, commercial or

4-38 advertisement.

4-39 Sec. 8. NRS 644.200 is hereby amended to read as follows:

4-40 644.200 1. The board shall admit to examination for a license as a

4-41 cosmetologist, at any meeting of the board held to conduct examinations,

4-42 any person who has made application to the board in proper form and paid

4-43 the fee, and who before or on the date of the examination:

5-1 (a) Is not less than 18 years of age.

5-2 (b) Is of good moral character.

5-3 (c) Has successfully completed the 10th grade in school or its equivalent.

5-4 Testing for equivalency must be pursuant to applicable state or federal

5-5 requirements.

5-6 (d) Has had any one of the following:

5-7 (1) Training of at least 1,800 hours, extending over a school term of

5-8 10 months, in a school of cosmetology approved by the board.

5-9 (2) Practice of the occupation of a cosmetologist for a period of 4

5-10 years outside this state.

5-11 (3) If the applicant is a barber registered pursuant to chapter 643 of

5-12 NRS, 400 hours of specialized training approved by the board.

5-13 (4) Completion of at least 3,600 hours of service as a cosmetologist’s

5-14 apprentice in a licensed cosmetological establishment in which all of the

5-15 occupations of cosmetology are practiced. The required hours must have

5-16 been completed during the period of validity of the certificate of

5-17 registration as a cosmetologist’s apprentice issued to the person pursuant

5-18 to section 3 of this act.

5-19 2. A registered barber who fails the examination for a license as a

5-20 cosmetologist must complete further study as prescribed by the board, not

5-21 exceeding 250 hours, in a school of cosmetology approved by the board

5-22 before he is again entitled to take the examination.

5-23 Sec. 9. NRS 644.210 is hereby amended to read as follows:

5-24 644.210 1. An application for admission to examination or for a

5-25 license in any branch of cosmetology , or for a certificate of registration as

5-26 a cosmetologist’s apprentice, must be made in writing on forms furnished

5-27 by the board and must be submitted within the period designated by the

5-28 board. The board shall charge a fee of $15 for furnishing the forms.

5-29 2. An application must [be accompanied by a fee of $15 and] contain

5-30 proof of the qualifications of the applicant for examination or licensure. The

5-31 application must be verified by the oath of the applicant.

5-32 Sec. 10. NRS 644.212 is hereby amended to read as follows:

5-33 644.212 An application for the issuance of a license or evidence of

5-34 registration issued pursuant to NRS 644.190 to 644.330, inclusive, and

5-35 sections 3 and 4 of this act, must include the social security number of the

5-36 applicant.

5-37 Sec. 11. NRS 644.214 is hereby amended to read as follows:

5-38 644.214 1. An applicant for the issuance or renewal of a license or

5-39 evidence of registration issued pursuant to NRS 644.190 to 644.330,

5-40 inclusive, and sections 3 and 4 of this act, shall submit to the board the

5-41 statement prescribed by the welfare division of the department of human

5-42 resources pursuant to NRS 425.520. The statement must be completed and

5-43 signed by the applicant.

6-1 2. The board shall include the statement required pursuant to subsection

6-2 1 in:

6-3 (a) The application or any other forms that must be submitted for the

6-4 issuance or renewal of the license or evidence of registration; or

6-5 (b) A separate form prescribed by the board.

6-6 3. A license or evidence of registration may not be issued or renewed

6-7 by the board pursuant to NRS 644.190 to 644.330, inclusive, and sections 3

6-8 and 4 of this act, if the applicant:

6-9 (a) Fails to submit the statement required pursuant to subsection 1; or

6-10 (b) Indicates on the statement submitted pursuant to subsection 1 that he

6-11 is subject to a court order for the support of a child and is not in compliance

6-12 with the order or a plan approved by the district attorney or other public

6-13 agency enforcing the order for the repayment of the amount owed pursuant

6-14 to the order.

6-15 4. If an applicant indicates on the statement submitted pursuant to

6-16 subsection 1 that he is subject to a court order for the support of a child and

6-17 is not in compliance with the order or a plan approved by the district

6-18 attorney or other public agency enforcing the order for the repayment of the

6-19 amount owed pursuant to the order, the board shall advise the applicant to

6-20 contact the district attorney or other public agency enforcing the order to

6-21 determine the actions that the applicant may take to satisfy the arrearage.

6-22 Sec. 12. NRS 644.310 is hereby amended to read as follows:

6-23 644.310 Upon application to the board, accompanied by a fee of $100,

6-24 a person currently licensed in any branch of cosmetology under the laws of

6-25 another state or territory of the United States or the District of Columbia

6-26 may, without examination, unless the board sees fit to require an

6-27 examination, be granted a license to practice the occupation in which the

6-28 applicant was previously licensed upon [the following conditions:

6-29 1. That he is] proof satisfactory to the board that the applicant:

6-30 1. Is not less than 18 years of age.

6-31 2. [That he is] Is of good moral character.

6-32 3. [That he] Has successfully completed a nationally recognized written

6-33 examination in this state or in the state or territory or the District of

6-34 Columbia in which he is licensed.

6-35 4. [That he can verify that he is] Is currently licensed in another state or

6-36 territory or the District of Columbia.

6-37 Sec. 13. NRS 644.340 is hereby amended to read as follows:

6-38 644.340 1. Any person wishing to operate a cosmetological

6-39 establishment in which any one or a combination of the occupations of

6-40 cosmetology are practiced must apply to the board for a license, through the

6-41 owner, manager or person in charge, upon forms prepared and furnished by

6-42 the board. Each application must contain a detailed floor plan of the

6-43 proposed cosmetological establishment and proof of the particular requisites

7-1 for a license provided for in this chapter, and must be verified by the oath of

7-2 the maker.

7-3 2. [Upon receipt by the board of] The applicant must submit the

7-4 application accompanied by the required fees for inspection and licensing .

7-5 [, the board shall inspect the establishment to ensure that it] After the

7-6 applicant has submitted the application, the applicant must contact the

7-7 board and request a verbal review concerning the application to

7-8 determine if the cosmetological establishment complies with the

7-9 requirements of this chapter and the regulations adopted by the board. If ,

7-10 based on the verbal review, the board determines that the cosmetological

7-11 establishment meets those requirements, the board shall issue to the

7-12 applicant the required license. Upon receipt of the license, the applicant

7-13 must contact the board to request the activation of the license. A license

7-14 issued pursuant to this subsection is not valid until it is activated. The

7-15 board shall conduct an on-site inspection of the cosmetological

7-16 establishment not later than 90 days after the date on which the license is

7-17 activated.

7-18 3. The fee for a license for a cosmetological establishment is $60. The

7-19 fee for the initial inspection is $15. If an additional inspection is necessary,

7-20 the fee is $25.

7-21 Sec. 14. NRS 644.425 is hereby amended to read as follows:

7-22 644.425 1. The board may grant a temporary educational permit

7-23 authorizing a current licensee within the scope of his license to conduct

7-24 demonstrations and exhibitions, temporarily and primarily for educational

7-25 purposes, of techniques for the benefit and instruction of cosmetologists,

7-26 hair designers, aestheticians, electrologists and manicurists licensed

7-27 pursuant to this chapter, and electrologists’ apprentices , cosmetologists’

7-28 apprentices and students enrolled in licensed schools of cosmetology.

7-29 2. The permit must specify the purpose for which it is granted, the

7-30 period during which the person is permitted to conduct the demonstrations

7-31 and exhibitions, which may not exceed 10 days, and the time and place of

7-32 exercising the privilege granted by the permit.

7-33 3. A person may be granted a temporary educational permit only if he:

7-34 (a) Applies to the board for the permit;

7-35 (b) Demonstrates to the satisfaction of the board that the permit is sought

7-36 primarily for educational purposes; and

7-37 (c) Pays a fee of not less than $10 and not more than $25.

7-38 Except for schools licensed pursuant to this chapter, an application for a

7-39 permit must be submitted at least 10 days before the date of the

7-40 demonstration or exhibit.

7-41 4. It is unlawful:

7-42 (a) For any person to conduct a demonstration or exhibition without a

7-43 permit.

8-1 (b) For any person who is granted a permit to allow persons other than

8-2 cosmetologists, hair designers, aestheticians, electrologists and manicurists

8-3 licensed pursuant to this chapter, and electrologists’ apprentices ,

8-4 cosmetologists’ apprentices and students enrolled in licensed schools of

8-5 cosmetology to attend any demonstration or exhibition made or given by

8-6 him.

8-7 Sec. 15. NRS 644.430 is hereby amended to read as follows:

8-8 644.430 1. The following are grounds for disciplinary action by the

8-9 board:

8-10 (a) Failure of an owner of a cosmetological establishment, a licensed

8-11 aesthetician, cosmetologist, hair designer, electrologist, instructor,

8-12 manicurist or school of cosmetology , or a cosmetologist’s apprentice to

8-13 comply with the requirements of this chapter or the applicable regulations

8-14 adopted by the board.

8-15 (b) Obtaining practice in cosmetology or any branch thereof, for money

8-16 or any thing of value, by fraudulent misrepresentation.

8-17 (c) Gross malpractice.

8-18 (d) Continued practice by a person knowingly having an infectious or

8-19 contagious disease.

8-20 (e) Drunkenness or the use or possession, or both, of a controlled

8-21 substance or dangerous drug without a prescription, while engaged in the

8-22 practice of cosmetology.

8-23 (f) Advertisement by means of knowingly false or deceptive statements.

8-24 (g) Permitting a license to be used where the holder thereof is not

8-25 personally, actively and continuously engaged in business.

8-26 (h) Failure to display the license as provided in NRS 644.290, 644.360

8-27 and 644.410.

8-28 (i) Entering, by a school of cosmetology, into an unconscionable contract

8-29 with a student of cosmetology.

8-30 (j) Continued practice of cosmetology or operation of a cosmetological

8-31 establishment or school of cosmetology after the license therefor has

8-32 expired.

8-33 (k) Any other unfair or unjust practice, method or dealing which, in the

8-34 judgment of the board, may justify such action.

8-35 2. If the board determines that a violation of this section has occurred, it

8-36 may:

8-37 (a) Refuse to issue or renew a license;

8-38 (b) Revoke or suspend a license;

8-39 (c) Place the licensee on probation for a specified period; or

8-40 (d) Impose a fine not to exceed $1,000.

8-41 Sec. 16. NRS 644.435 is hereby amended to read as follows:

8-42 644.435 1. If the board receives a copy of a court order issued

8-43 pursuant to NRS 425.540 that provides for the suspension of all

9-1 professional, occupational and recreational licenses, certificates and permits

9-2 issued to a person who has been issued a license or been registered pursuant

9-3 to NRS 644.190 to 644.330, inclusive, and sections 3 and 4 of this act, the

9-4 board shall deem the license or registration issued to that person to be

9-5 suspended at the end of the 30th day after the date on which the court order

9-6 was issued unless the board receives a letter issued by the district attorney

9-7 or other public agency pursuant to NRS 425.550 to the holder of the license

9-8 or registration stating that the holder of the license or registration has

9-9 complied with the subpoena or warrant or has satisfied the arrearage

9-10 pursuant to NRS 425.560.

9-11 2. The board shall reinstate a license or registration issued pursuant to

9-12 NRS 644.190 to 644.330, inclusive, and sections 3 and 4 of this act, that

9-13 has been suspended by a district court pursuant to NRS 425.540 if the board

9-14 receives a letter issued by the district attorney or other public agency

9-15 pursuant to NRS 425.550 to the person whose license or registration was

9-16 suspended stating that the person whose license or registration was

9-17 suspended has complied with the subpoena or warrant or has satisfied the

9-18 arrearage pursuant to NRS 425.560.

9-19 Sec. 17. The registration of a person as a cosmetologist’s apprentice

9-20 does not expire solely because of a determination by the Bureau of the

9-21 Census of the United States Department of Commerce that the population of

9-22 the county in which the cosmetologist’s apprentice resides or is receiving

9-23 training is 35,000 or more.

9-24 Sec. 18. The amendatory provisions of sections 10, 11 and 16 of this

9-25 act expire by limitation on the date on which the provisions of 42 U.S.C. §

9-26 666 requiring each state to establish procedures under which the state has

9-27 authority to withhold or suspend, or to restrict the use of professional,

9-28 occupational or recreational licenses of persons who:

9-29 1. Have failed to comply with a subpoena or warrant relating to a

9-30 proceeding to determine the paternity of a child or to establish or enforce an

9-31 obligation for the support of a child; or

9-32 2. Are in arrears in the payment for the support of one or more
9-33 children,

9-34 are repealed by the Congress of the United States.

9-35 Sec. 19. 1. This section and sections 1, 5, 9, 12 and 13 of this act

9-36 become effective on October 1, 1999.

9-37 2. Section 4 of this act becomes effective:

9-38 (a) On October 1, 1999, for the purpose of adopting regulations; and

9-39 (b) On January 1, 2000, for all other purposes.

9-40 3. Sections 2, 3, 6, 7, 8, 10, 11 and 14 to 18, inclusive, of this act

9-41 become effective on January 1, 2000.

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