Senate Bill No. 13–Committee on Commerce and Labor

CHAPTER........

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:

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

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

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

in learning the occupation of a cosmetologist in a cosmetological

establishment and who is registered with the board to practice

cosmetology as a cosmetologist’s apprentice.

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

cosmetologist’s apprentice to a person if:

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

35,000;

(b) The person is required to travel more than 60 miles from his place

of residence to attend a licensed school of cosmetology; and

(c) The training of the person as a cosmetologist’s apprentice will be

conducted at a licensed cosmetological establishment that is located in

such a county.

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

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

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

must include:

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

supervising and training the cosmetologist’s apprentice which states that

the licensed cosmetologist has been licensed by the board to practice

cosmetology in this state for not less than 3 years immediately preceding

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

during that period;

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

establishment where the applicant will be trained which states that the

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

apprentice at the cosmetological establishment; and

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

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

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

board upon good cause shown.

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

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

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

licensed cosmetologist supervising and training the cosmetologist’s

apprentice, and the owner of the cosmetological establishment where the

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

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

any title or abbreviation that would indicate that the cosmetologist’s

apprentice is a licensed cosmetologist.

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

apprentice must be regularly employed during his training by:

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

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

a licensed cosmetologist who is leasing space in a cosmetological

establishment, the licensed cosmetologist.

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

any time at a licensed cosmetological establishment.

4. A licensed cosmetologist who is supervising and training a

cosmetologist’s apprentice shall:

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

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

engaged in the practice of cosmetology.

5. A licensed cosmetologist who is supervising and training a

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

provided to the cosmetologist’s apprentice. The licensed cosmetologist

shall:

(a) Keep the daily records at the cosmetological establishment where

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

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

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

as the board may require by regulation.

6. For the purposes of this chapter:

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

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

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

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

(b) A licensed cosmetological establishment which employs a

cosmetologist’s apprentice or at which a cosmetologist’s apprentice is

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

because the cosmetologist’s apprentice is being trained at the

cosmetological establishment.

7. The board may adopt:

(a) Regulations relating to the qualifications of a licensed

cosmetologist to supervise and train a cosmetologist’s apprentice;

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

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

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

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

apprentice; and

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

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

Sec. 5. 1. In addition to any other penalty:

  1. (a) The board may issue a citation to a person who violates the
  1. provisions of NRS 644.190. A citation issued pursuant to this paragraph
  1. must be in writing and describe with particularity the nature of the
  1. violation. The citation also must inform the person of the provisions of
  1. subsection 2. A separate citation must be issued for each violation. If
  1. appropriate, the citation may contain an order to cease and desist.
  1. (b) Upon finding that a person has violated the provisions of NRS
  1. 644.190, the board shall assess an administrative fine of:
  1. (1) For the first violation, $500.
  1. (2) For the second violation, $1,000.
  1. (3) For the third or subsequent violation, $1,500.

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

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

after the date on which the citation is issued.

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

  1. 644.020 As used in this chapter, unless the context otherwise requires,
  1. the words and terms defined in NRS 644.0205 to 644.029, inclusive, and
  1. section 2 of this act have the meanings ascribed to them in those sections.

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

  1. 644.190 1. It is unlawful for any person to conduct or operate a
  1. cosmetological establishment, school of cosmetology or any other place of
  1. business in which any one or any combination of the occupations of
  1. cosmetology are taught or practiced unless he is licensed in accordance with
  1. the provisions of this chapter.
  1. 2. Except as otherwise provided in subsection 4, it is unlawful for any
  1. person to engage in, or attempt to engage in, the practice of cosmetology or
  1. any branch thereof, whether for compensation or otherwise, unless he is
  1. licensed in accordance with the provisions of this chapter.
  1. 3. This chapter does not prohibit:
  1. (a) Any student in any school of cosmetology [,] established pursuant to
  1. the provisions of this chapter [,] from engaging, in the school and as a
  1. student, in work connected with any branch or any combination of branches
  1. of cosmetology in the school.
  1. (b) An electrologist’s apprentice from participating in a course of
  1. practical training and study.
  2. (c) A person issued a provisional license as an instructor pursuant to
  1. NRS 644.193 from acting as an instructor and accepting compensation
  1. therefor [,] while accumulating the hours of training as a teacher required
  1. for an instructor’s license.
  1. (d) The rendering of cosmetological services by a person who is licensed
  1. in accordance with the provisions of this chapter, if those services are
  1. rendered in connection with photographic services provided by a
  1. photographer.
  1. (e) A registered cosmetologist’s apprentice from engaging in the
  1. practice of cosmetology under the immediate supervision of a licensed
  1. cosmetologist.
  1. 4. A person employed to render cosmetological services in the course
  1. of and incidental to the production of a motion picture, television program,
  1. commercial or advertisement is exempt from the licensing requirements of
  1. this chapter if he renders cosmetological services only to persons who will
  1. appear in that motion picture, television program, commercial or
  1. advertisement.

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

  1. 644.200 1. The board shall admit to examination for a license as a
  1. cosmetologist, at any meeting of the board held to conduct examinations,
  1. any person who has made application to the board in proper form and paid
  1. the fee, and who before or on the date of the examination:
  1. (a) Is not less than 18 years of age.
  1. (b) Is of good moral character.
  1. (c) Has successfully completed the 10th grade in school or its equivalent.
  1. Testing for equivalency must be pursuant to applicable state or federal
  1. requirements.
  1. (d) Has had any one of the following:
  1. (1) Training of at least 1,800 hours, extending over a school term of
  1. 10 months, in a school of cosmetology approved by the board.
  1. (2) Practice of the occupation of a cosmetologist for a period of 4
  1. years outside this state.
  1. (3) If the applicant is a barber registered pursuant to chapter 643 of
  1. NRS, 400 hours of specialized training approved by the board.
  1. (4) Completion of at least 3,600 hours of service as a cosmetologist’s
  1. apprentice in a licensed cosmetological establishment in which all of the
  1. occupations of cosmetology are practiced. The required hours must have
  1. been completed during the period of validity of the certificate of
  1. registration as a cosmetologist’s apprentice issued to the person pursuant
  1. to section 3 of this act.
  1. 2. A registered barber who fails the examination for a license as a
  1. cosmetologist must complete further study as prescribed by the board, not
  1. exceeding 250 hours, in a school of cosmetology approved by the board
  1. before he is again entitled to take the examination.

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

  1. 644.210 1. An application for admission to examination or for a
  1. license in any branch of cosmetology , or for a certificate of registration as
  1. a cosmetologist’s apprentice, must be made in writing on forms furnished
  1. by the board and must be submitted within the period designated by the
  1. board. The board shall charge a fee of $15 for furnishing the forms.
  1. 2. An application must [be accompanied by a fee of $15 and] contain
  1. proof of the qualifications of the applicant for examination or licensure. The
  1. application must be verified by the oath of the applicant.

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

  1. 644.212 An application for the issuance of a license or evidence of
  1. registration issued pursuant to NRS 644.190 to 644.330, inclusive, and
  1. sections 3 and 4 of this act, must include the social security number of the
  1. applicant.

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

  1. 644.214 1. An applicant for the issuance or renewal of a license or
  1. evidence of registration issued pursuant to NRS 644.190 to 644.330,
  1. inclusive, and sections 3 and 4 of this act, shall submit to the board the
  1. statement prescribed by the welfare division of the department of human
  1. resources pursuant to NRS 425.520. The statement must be completed and
  1. signed by the applicant.
  1. 2. The board shall include the statement required pursuant to subsection
  1. 1 in:
  1. (a) The application or any other forms that must be submitted for the
  1. issuance or renewal of the license or evidence of registration; or
  1. (b) A separate form prescribed by the board.
  1. 3. A license or evidence of registration may not be issued or renewed
  1. by the board pursuant to NRS 644.190 to 644.330, inclusive, and sections 3
  1. and 4 of this act, if the applicant:
  1. (a) Fails to submit the statement required pursuant to subsection 1; or
  1. (b) Indicates on the statement submitted pursuant to subsection 1 that he
  1. is subject to a court order for the support of a child and is not in compliance
  1. with the order or a plan approved by the district attorney or other public
  1. agency enforcing the order for the repayment of the amount owed pursuant
  1. to the order.
  1. 4. If an applicant indicates on the statement submitted pursuant to
  1. subsection 1 that he is subject to a court order for the support of a child and
  1. is not in compliance with the order or a plan approved by the district
  1. attorney or other public agency enforcing the order for the repayment of the
  1. amount owed pursuant to the order, the board shall advise the applicant to
  1. contact the district attorney or other public agency enforcing the order to
  1. determine the actions that the applicant may take to satisfy the arrearage.

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

  1. 644.310 Upon application to the board, accompanied by a fee of $100,
  1. a person currently licensed in any branch of cosmetology under the laws of
  1. another state or territory of the United States or the District of Columbia
  2. may, without examination, unless the board sees fit to require an
  1. examination, be granted a license to practice the occupation in which the
  1. applicant was previously licensed upon [the following conditions:
  1. 1. That he is] proof satisfactory to the board that the applicant:
  1. 1. Is not less than 18 years of age.
  1. 2. [That he is] Is of good moral character.
  1. 3. [That he] Has successfully completed a nationally recognized written
  1. examination in this state or in the state or territory or the District of
  1. Columbia in which he is licensed.
  1. 4. [That he can verify that he is] Is currently licensed in another state or
  1. territory or the District of Columbia.

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

  1. 644.340 1. Any person wishing to operate a cosmetological
  1. establishment in which any one or a combination of the occupations of
  1. cosmetology are practiced must apply to the board for a license, through the
  1. owner, manager or person in charge, upon forms prepared and furnished by
  1. the board. Each application must contain a detailed floor plan of the
  1. proposed cosmetological establishment and proof of the particular requisites
  1. for a license provided for in this chapter, and must be verified by the oath of
  1. the maker.
  1. 2. [Upon receipt by the board of] The applicant must submit the
  1. application accompanied by the required fees for inspection and licensing .
  1. [, the board shall inspect the establishment to ensure that it] After the
  1. applicant has submitted the application, the applicant must contact the
  1. board and request a verbal review concerning the application to
  1. determine if the cosmetological establishment complies with the
  1. requirements of this chapter and the regulations adopted by the board. If ,
  1. based on the verbal review, the board determines that the cosmetological
  1. establishment meets those requirements, the board shall issue to the
  1. applicant the required license. Upon receipt of the license, the applicant
  1. must contact the board to request the activation of the license. A license
  1. issued pursuant to this subsection is not valid until it is activated. The
  1. board shall conduct an on-site inspection of the cosmetological
  1. establishment not later than 90 days after the date on which the license is
  1. activated.
  1. 3. The fee for a license for a cosmetological establishment is $60. The
  1. fee for the initial inspection is $15. If an additional inspection is necessary,
  1. the fee is $25.

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

  1. 644.425 1. The board may grant a temporary educational permit
  1. authorizing a current licensee within the scope of his license to conduct
  1. demonstrations and exhibitions, temporarily and primarily for educational
  1. purposes, of techniques for the benefit and instruction of cosmetologists,
  1. hair designers, aestheticians, electrologists and manicurists licensed
  1. pursuant to this chapter, and electrologists’ apprentices , cosmetologists’
  1. apprentices and students enrolled in licensed schools of cosmetology.
  2. 2. The permit must specify the purpose for which it is granted, the
  1. period during which the person is permitted to conduct the demonstrations
  1. and exhibitions, which may not exceed 10 days, and the time and place of
  1. exercising the privilege granted by the permit.
  1. 3. A person may be granted a temporary educational permit only if he:
  1. (a) Applies to the board for the permit;
  1. (b) Demonstrates to the satisfaction of the board that the permit is sought
  1. primarily for educational purposes; and
  1. (c) Pays a fee of not less than $10 and not more than $25.
  1. Except for schools licensed pursuant to this chapter, an application for a
  1. permit must be submitted at least 10 days before the date of the
  1. demonstration or exhibit.
  1. 4. It is unlawful:
  1. (a) For any person to conduct a demonstration or exhibition without a
  1. permit.
  1. (b) For any person who is granted a permit to allow persons other than
  1. cosmetologists, hair designers, aestheticians, electrologists and manicurists
  1. licensed pursuant to this chapter, and electrologists’ apprentices ,
  1. cosmetologists’ apprentices and students enrolled in licensed schools of
  1. cosmetology to attend any demonstration or exhibition made or given by
  1. him.

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

  1. 644.430 1. The following are grounds for disciplinary action by the
  1. board:
  1. (a) Failure of an owner of a cosmetological establishment, a licensed
  1. aesthetician, cosmetologist, hair designer, electrologist, instructor,
  1. manicurist or school of cosmetology , or a cosmetologist’s apprentice to
  1. comply with the requirements of this chapter or the applicable regulations
  1. adopted by the board.
  1. (b) Obtaining practice in cosmetology or any branch thereof, for money
  1. or any thing of value, by fraudulent misrepresentation.
  1. (c) Gross malpractice.
  1. (d) Continued practice by a person knowingly having an infectious or
  1. contagious disease.
  1. (e) Drunkenness or the use or possession, or both, of a controlled
  1. substance or dangerous drug without a prescription, while engaged in the
  1. practice of cosmetology.
  1. (f) Advertisement by means of knowingly false or deceptive statements.
  1. (g) Permitting a license to be used where the holder thereof is not
  1. personally, actively and continuously engaged in business.
  1. (h) Failure to display the license as provided in NRS 644.290, 644.360
  1. and 644.410.
  1. (i) Entering, by a school of cosmetology, into an unconscionable contract
  1. with a student of cosmetology.
  2. (j) Continued practice of cosmetology or operation of a cosmetological
  1. establishment or school of cosmetology after the license therefor has
  1. expired.
  1. (k) Any other unfair or unjust practice, method or dealing which, in the
  1. judgment of the board, may justify such action.
  1. 2. If the board determines that a violation of this section has occurred, it
  1. may:
  1. (a) Refuse to issue or renew a license;
  1. (b) Revoke or suspend a license;
  1. (c) Place the licensee on probation for a specified period; or
  1. (d) Impose a fine not to exceed $1,000.

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

  1. 644.435 1. If the board receives a copy of a court order issued
  1. pursuant to NRS 425.540 that provides for the suspension of all
  1. professional, occupational and recreational licenses, certificates and permits
  1. issued to a person who has been issued a license or been registered pursuant
  1. to NRS 644.190 to 644.330, inclusive, and sections 3 and 4 of this act, the
  1. board shall deem the license or registration issued to that person to be
  1. suspended at the end of the 30th day after the date on which the court order
  1. was issued unless the board receives a letter issued by the district attorney
  1. or other public agency pursuant to NRS 425.550 to the holder of the license
  1. or registration stating that the holder of the license or registration has
  1. complied with the subpoena or warrant or has satisfied the arrearage
  1. pursuant to NRS 425.560.
  1. 2. The board shall reinstate a license or registration issued pursuant to
  1. NRS 644.190 to 644.330, inclusive, and sections 3 and 4 of this act, that
  1. has been suspended by a district court pursuant to NRS 425.540 if the board
  1. receives a letter issued by the district attorney or other public agency
  1. pursuant to NRS 425.550 to the person whose license or registration was
  1. suspended stating that the person whose license or registration was
  1. suspended has complied with the subpoena or warrant or has satisfied the
  1. arrearage pursuant to NRS 425.560.

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

does not expire solely because of a determination by the Bureau of the

Census of the United States Department of Commerce that the population of

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

training is 35,000 or more.

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

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

666 requiring each state to establish procedures under which the state has

authority to withhold or suspend, or to restrict the use of professional,

occupational or recreational licenses of persons who:

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

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

obligation for the support of a child; or

2. Are in arrears in the payment for the support of one or more
children,

are repealed by the Congress of the United States.

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

become effective on October 1, 1999.

2. Section 4 of this act becomes effective:

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

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

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

become effective on January 1, 2000.

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