Senate Bill No. 13–Committee on Commerce and Labor
Prefiled January 8, 1999
____________
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
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 thereto1-2
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 engaged1-4
in learning the occupation of a cosmetologist in a cosmetological1-5
establishment and who is registered with the board to practice1-6
cosmetology as a cosmetologist’s apprentice.1-7
Sec. 3. 1. The board may issue a certificate of registration as a1-8
cosmetologist’s apprentice to a person if:1-9
(a) The person is a resident of a county whose population is less than1-10
35,000;1-11
(b) The person is required to travel more than 60 miles from his place1-12
of residence to attend a licensed school of cosmetology; and1-13
(c) The training of the person as a cosmetologist’s apprentice will be1-14
conducted at a licensed cosmetological establishment that is located in1-15
such a county.2-1
2. An applicant for a certificate of registration as a cosmetologist’s2-2
apprentice must submit an application to the board on a form prescribed2-3
by the board. The application must be accompanied by a fee of $100 and2-4
must include:2-5
(a) A statement signed by the licensed cosmetologist who will be2-6
supervising and training the cosmetologist’s apprentice which states that2-7
the licensed cosmetologist has been licensed by the board to practice2-8
cosmetology in this state for not less than 3 years immediately preceding2-9
the date of the application and that his license has been in good standing2-10
during that period;2-11
(b) A statement signed by the owner of the licensed cosmetological2-12
establishment where the applicant will be trained which states that the2-13
owner will permit the applicant to be trained as a cosmetologist’s2-14
apprentice at the cosmetological establishment; and2-15
(c) Such other information as the board may require by regulation.2-16
3. A certificate of registration as a cosmetologist’s apprentice is valid2-17
for 2 years after the date on which it is issued and may be renewed by the2-18
board upon good cause shown.2-19
Sec. 4. 1. A cosmetologist’s apprentice shall display the certificate2-20
of registration issued to him by the board in plain view of the public at the2-21
position where he is being trained. The cosmetologist’s apprentice, the2-22
licensed cosmetologist supervising and training the cosmetologist’s2-23
apprentice, and the owner of the cosmetological establishment where the2-24
cosmetologist’s apprentice is being trained shall not advertise or hold the2-25
cosmetologist’s apprentice out as being a licensed cosmetologist, or use2-26
any title or abbreviation that would indicate that the cosmetologist’s2-27
apprentice is a licensed cosmetologist.2-28
2. To receive credit for his apprenticeship, a cosmetologist’s2-29
apprentice must be regularly employed during his training by:2-30
(a) The cosmetological establishment where he is being trained; or2-31
(b) If the cosmetologist’s apprentice is being supervised and trained by2-32
a licensed cosmetologist who is leasing space in a cosmetological2-33
establishment, the licensed cosmetologist.2-34
3. Not more than one cosmetologist’s apprentice may be employed at2-35
any time at a licensed cosmetological establishment.2-36
4. A licensed cosmetologist who is supervising and training a2-37
cosmetologist’s apprentice shall:2-38
(a) Supervise all work done by the cosmetologist’s apprentice; and2-39
(b) Be in attendance at all times that the cosmetologist’s apprentice is2-40
engaged in the practice of cosmetology.3-1
5. A licensed cosmetologist who is supervising and training a3-2
cosmetologist’s apprentice shall keep a daily record of the training that is3-3
provided to the cosmetologist’s apprentice. The licensed cosmetologist3-4
shall:3-5
(a) Keep the daily records at the cosmetological establishment where3-6
the cosmetologist’s apprentice is being trained and, upon the request of3-7
the board, make the daily records available to the board; and3-8
(b) Submit a copy of the records to the board at such regular intervals3-9
as the board may require by regulation.3-10
6. For the purposes of this chapter:3-11
(a) A licensed cosmetologist is not required to obtain a license from the3-12
board as an instructor to train a cosmetologist’s apprentice pursuant to3-13
this section and section 3 of this act, and the licensed cosmetologist is not3-14
subject to regulation as an instructor because he provides such training.3-15
(b) A licensed cosmetological establishment which employs a3-16
cosmetologist’s apprentice or at which a cosmetologist’s apprentice is3-17
being trained is not subject to regulation as a school of cosmetology3-18
because the cosmetologist’s apprentice is being trained at the3-19
cosmetological establishment.3-20
7. The board may adopt:3-21
(a) Regulations relating to the qualifications of a licensed3-22
cosmetologist to supervise and train a cosmetologist’s apprentice;3-23
(b) Regulations relating to the procedures and subject matter that must3-24
be included in the training of a cosmetologist’s apprentice;3-25
(c) Regulations relating to the training of a cosmetologist’s apprentice3-26
to verify the number of hours of training received by the cosmetologist’s3-27
apprentice; and3-28
(d) Such other regulations as the board determines necessary to carry3-29
out the provisions of this section and section 3 of this act.3-30
Sec. 5. 1. In addition to any other penalty:3-31
(a) The board may issue a citation to a person who violates the3-32
provisions of NRS 644.190. A citation issued pursuant to this paragraph3-33
must be in writing and describe with particularity the nature of the3-34
violation. The citation also must inform the person of the provisions of3-35
subsection 2. A separate citation must be issued for each violation. If3-36
appropriate, the citation may contain an order to cease and desist.3-37
(b) Upon finding that a person has violated the provisions of NRS3-38
644.190, the board shall assess an administrative fine of:3-39
(1) For the first violation, $500.3-40
(2) For the second violation, $1,000.3-41
(3) For the third or subsequent violation, $1,500.4-1
2. To appeal a finding of a violation of NRS 644.190, the person must4-2
request a hearing by written notice of appeal to the board within 30 days4-3
after the date on which the citation is issued.4-4
Sec. 6. NRS 644.020 is hereby amended to read as follows: 644.020 As used in this chapter, unless the context otherwise requires,4-6
the words and terms defined in NRS 644.0205 to 644.029, inclusive, and4-7
section 2 of this act have the meanings ascribed to them in those sections.4-8
Sec. 7. NRS 644.190 is hereby amended to read as follows: 644.190 1. It is unlawful for any person to conduct or operate a4-10
cosmetological establishment, school of cosmetology or any other place of4-11
business in which any one or any combination of the occupations of4-12
cosmetology are taught or practiced unless he is licensed in accordance with4-13
the provisions of this chapter.4-14
2. Except as otherwise provided in subsection 4, it is unlawful for any4-15
person to engage in, or attempt to engage in, the practice of cosmetology or4-16
any branch thereof, whether for compensation or otherwise, unless he is4-17
licensed in accordance with the provisions of this chapter.4-18
3. This chapter does not prohibit:4-19
(a) Any student in any school of cosmetology4-20
the provisions of this chapter4-21
student, in work connected with any branch or any combination of branches4-22
of cosmetology in the school.4-23
(b) An electrologist’s apprentice from participating in a course of4-24
practical training and study.4-25
(c) A person issued a provisional license as an instructor pursuant to4-26
NRS 644.193 from acting as an instructor and accepting compensation4-27
therefor4-28
for an instructor’s license.4-29
(d) The rendering of cosmetological services by a person who is licensed4-30
in accordance with the provisions of this chapter, if those services are4-31
rendered in connection with photographic services provided by a4-32
photographer.4-33
(e) A registered cosmetologist’s apprentice from engaging in the4-34
practice of cosmetology under the immediate supervision of a licensed4-35
cosmetologist.4-36
4. A person employed to render cosmetological services in the course4-37
of and incidental to the production of a motion picture, television program,4-38
commercial or advertisement is exempt from the licensing requirements of4-39
this chapter if he renders cosmetological services only to persons who will4-40
appear in that motion picture, television program, commercial or4-41
advertisement.5-1
Sec. 8. NRS 644.200 is hereby amended to read as follows: 644.200 1. The board shall admit to examination for a license as a5-3
cosmetologist, at any meeting of the board held to conduct examinations,5-4
any person who has made application to the board in proper form and paid5-5
the fee, and who before or on the date of the examination:5-6
(a) Is not less than 18 years of age.5-7
(b) Is of good moral character.5-8
(c) Has successfully completed the 10th grade in school or its equivalent.5-9
Testing for equivalency must be pursuant to applicable state or federal5-10
requirements.5-11
(d) Has had any one of the following:5-12
(1) Training of at least 1,800 hours, extending over a school term of5-13
10 months, in a school of cosmetology approved by the board.5-14
(2) Practice of the occupation of a cosmetologist for a period of 45-15
years outside this state.5-16
(3) If the applicant is a barber registered pursuant to chapter 643 of5-17
NRS, 400 hours of specialized training approved by the board.5-18
(4) Completion of at least 3,600 hours of service as a cosmetologist’s5-19
apprentice in a licensed cosmetological establishment in which all of the5-20
occupations of cosmetology are practiced. The required hours must have5-21
been completed during the period of validity of the certificate of5-22
registration as a cosmetologist’s apprentice issued to the person pursuant5-23
to section 3 of this act.5-24
2. A registered barber who fails the examination for a license as a5-25
cosmetologist must complete further study as prescribed by the board, not5-26
exceeding 250 hours, in a school of cosmetology approved by the board5-27
before he is again entitled to take the examination.5-28
Sec. 9. NRS 644.210 is hereby amended to read as follows: 644.210 1. An application for admission to examination or for a5-30
license in any branch of cosmetology , or for a certificate of registration as5-31
a cosmetologist’s apprentice, must be made in writing on forms furnished5-32
by the board and must be submitted within the period designated by the5-33
board. The board shall charge a fee of $15 for furnishing the forms.5-34
2. An application must5-35
proof of the qualifications of the applicant for examination or licensure. The5-36
application must be verified by the oath of the applicant.5-37
Sec. 10. NRS 644.212 is hereby amended to read as follows: 644.212 An application for the issuance of a license or evidence of5-39
registration issued pursuant to NRS 644.190 to 644.330, inclusive, and5-40
sections 3 and 4 of this act, must include the social security number of the5-41
applicant.6-1
Sec. 11. NRS 644.214 is hereby amended to read as follows: 644.214 1. An applicant for the issuance or renewal of a license or6-3
evidence of registration issued pursuant to NRS 644.190 to 644.330,6-4
inclusive, and sections 3 and 4 of this act, shall submit to the board the6-5
statement prescribed by the welfare division of the department of human6-6
resources pursuant to NRS 425.520. The statement must be completed and6-7
signed by the applicant.6-8
2. The board shall include the statement required pursuant to subsection6-9
1 in:6-10
(a) The application or any other forms that must be submitted for the6-11
issuance or renewal of the license or evidence of registration; or6-12
(b) A separate form prescribed by the board.6-13
3. A license or evidence of registration may not be issued or renewed6-14
by the board pursuant to NRS 644.190 to 644.330, inclusive, and sections 36-15
and 4 of this act, if the applicant:6-16
(a) Fails to submit the statement required pursuant to subsection 1; or6-17
(b) Indicates on the statement submitted pursuant to subsection 1 that he6-18
is subject to a court order for the support of a child and is not in compliance6-19
with the order or a plan approved by the district attorney or other public6-20
agency enforcing the order for the repayment of the amount owed pursuant6-21
to the order.6-22
4. If an applicant indicates on the statement submitted pursuant to6-23
subsection 1 that he is subject to a court order for the support of a child and6-24
is not in compliance with the order or a plan approved by the district6-25
attorney or other public agency enforcing the order for the repayment of the6-26
amount owed pursuant to the order, the board shall advise the applicant to6-27
contact the district attorney or other public agency enforcing the order to6-28
determine the actions that the applicant may take to satisfy the arrearage.6-29
Sec. 12. NRS 644.310 is hereby amended to read as follows: 644.310 Upon application to the board, accompanied by a fee of $100,6-31
a person currently licensed in any branch of cosmetology under the laws of6-32
another state or territory of the United States or the District of Columbia6-33
may, without examination, unless the board sees fit to require an6-34
examination, be granted a license to practice the occupation in which the6-35
applicant was previously licensed upon6-36
6-37
1. Is not less than 18 years of age.6-38
2.6-39
3.6-40
examination in this state or in the state or territory or the District of6-41
Columbia in which he is licensed.6-42
4.6-43
territory or the District of Columbia.7-1
Sec. 13. NRS 644.340 is hereby amended to read as follows: 644.340 1. Any person wishing to operate a cosmetological7-3
establishment in which any one or a combination of the occupations of7-4
cosmetology are practiced must apply to the board for a license, through the7-5
owner, manager or person in charge, upon forms prepared and furnished by7-6
the board. Each application must contain a detailed floor plan of the7-7
proposed cosmetological establishment and proof of the particular requisites7-8
for a license provided for in this chapter, and must be verified by the oath of7-9
the maker.7-10
2.7-11
application accompanied by the required fees for inspection and licensing .7-12
7-13
applicant has submitted the application, the applicant must contact the7-14
board and request a verbal review concerning the application to7-15
determine if the cosmetological establishment complies with the7-16
requirements of this chapter and the regulations adopted by the board. If ,7-17
based on the verbal review, the board determines that the cosmetological7-18
establishment meets those requirements, the board shall issue to the7-19
applicant the required license. Upon receipt of the license, the applicant7-20
must contact the board to request the activation of the license. A license7-21
issued pursuant to this subsection is not valid until it is activated. The7-22
board shall conduct an on-site inspection of the cosmetological7-23
establishment not later than 90 days after the date on which the license is7-24
activated.7-25
3. The fee for a license for a cosmetological establishment is $60. The7-26
fee for the initial inspection is $15. If an additional inspection is necessary,7-27
the fee is $25.7-28
Sec. 14. NRS 644.425 is hereby amended to read as follows: 644.425 1. The board may grant a temporary educational permit7-30
authorizing a current licensee within the scope of his license to conduct7-31
demonstrations and exhibitions, temporarily and primarily for educational7-32
purposes, of techniques for the benefit and instruction of cosmetologists,7-33
hair designers, aestheticians, electrologists and manicurists licensed7-34
pursuant to this chapter, and electrologists’ apprentices , cosmetologists’7-35
apprentices and students enrolled in licensed schools of cosmetology.7-36
2. The permit must specify the purpose for which it is granted, the7-37
period during which the person is permitted to conduct the demonstrations7-38
and exhibitions, which may not exceed 10 days, and the time and place of7-39
exercising the privilege granted by the permit.7-40
3. A person may be granted a temporary educational permit only if he:7-41
(a) Applies to the board for the permit;7-42
(b) Demonstrates to the satisfaction of the board that the permit is sought7-43
primarily for educational purposes; and8-1
(c) Pays a fee of not less than $10 and not more than $25.8-2
Except for schools licensed pursuant to this chapter, an application for a8-3
permit must be submitted at least 10 days before the date of the8-4
demonstration or exhibit.8-5
4. It is unlawful:8-6
(a) For any person to conduct a demonstration or exhibition without a8-7
permit.8-8
(b) For any person who is granted a permit to allow persons other than8-9
cosmetologists, hair designers, aestheticians, electrologists and manicurists8-10
licensed pursuant to this chapter, and electrologists’ apprentices ,8-11
cosmetologists’ apprentices and students enrolled in licensed schools of8-12
cosmetology to attend any demonstration or exhibition made or given by8-13
him.8-14
Sec. 15. NRS 644.430 is hereby amended to read as follows: 644.430 1. The following are grounds for disciplinary action by the8-16
board:8-17
(a) Failure of an owner of a cosmetological establishment, a licensed8-18
aesthetician, cosmetologist, hair designer, electrologist, instructor,8-19
manicurist or school of cosmetology , or a cosmetologist’s apprentice to8-20
comply with the requirements of this chapter or the applicable regulations8-21
adopted by the board.8-22
(b) Obtaining practice in cosmetology or any branch thereof, for money8-23
or any thing of value, by fraudulent misrepresentation.8-24
(c) Gross malpractice.8-25
(d) Continued practice by a person knowingly having an infectious or8-26
contagious disease.8-27
(e) Drunkenness or the use or possession, or both, of a controlled8-28
substance or dangerous drug without a prescription, while engaged in the8-29
practice of cosmetology.8-30
(f) Advertisement by means of knowingly false or deceptive statements.8-31
(g) Permitting a license to be used where the holder thereof is not8-32
personally, actively and continuously engaged in business.8-33
(h) Failure to display the license as provided in NRS 644.290, 644.3608-34
and 644.410.8-35
(i) Entering, by a school of cosmetology, into an unconscionable contract8-36
with a student of cosmetology.8-37
(j) Continued practice of cosmetology or operation of a cosmetological8-38
establishment or school of cosmetology after the license therefor has8-39
expired.8-40
(k) Any other unfair or unjust practice, method or dealing which, in the8-41
judgment of the board, may justify such action.8-42
2. If the board determines that a violation of this section has occurred, it8-43
may:9-1
(a) Refuse to issue or renew a license;9-2
(b) Revoke or suspend a license;9-3
(c) Place the licensee on probation for a specified period; or9-4
(d) Impose a fine not to exceed $1,000.9-5
Sec. 16. NRS 644.435 is hereby amended to read as follows: 644.435 1. If the board receives a copy of a court order issued9-7
pursuant to NRS 425.540 that provides for the suspension of all9-8
professional, occupational and recreational licenses, certificates and permits9-9
issued to a person who has been issued a license or been registered pursuant9-10
to NRS 644.190 to 644.330, inclusive, and sections 3 and 4 of this act, the9-11
board shall deem the license or registration issued to that person to be9-12
suspended at the end of the 30th day after the date on which the court order9-13
was issued unless the board receives a letter issued by the district attorney9-14
or other public agency pursuant to NRS 425.550 to the holder of the license9-15
or registration stating that the holder of the license or registration has9-16
complied with the subpoena or warrant or has satisfied the arrearage9-17
pursuant to NRS 425.560.9-18
2. The board shall reinstate a license or registration issued pursuant to9-19
NRS 644.190 to 644.330, inclusive, and sections 3 and 4 of this act, that9-20
has been suspended by a district court pursuant to NRS 425.540 if the board9-21
receives a letter issued by the district attorney or other public agency9-22
pursuant to NRS 425.550 to the person whose license or registration was9-23
suspended stating that the person whose license or registration was9-24
suspended has complied with the subpoena or warrant or has satisfied the9-25
arrearage pursuant to NRS 425.560.9-26
Sec. 17. The registration of a person as a cosmetologist’s apprentice9-27
does not expire solely because of a determination by the Bureau of the9-28
Census of the United States Department of Commerce that the population of9-29
the county in which the cosmetologist’s apprentice resides or is receiving9-30
training is 35,000 or more.9-31
Sec. 18. The amendatory provisions of sections 10, 11 and 16 of this9-32
act expire by limitation on the date on which the provisions of 42 U.S.C. §9-33
666 requiring each state to establish procedures under which the state has9-34
authority to withhold or suspend, or to restrict the use of professional,9-35
occupational or recreational licenses of persons who:9-36
1. Have failed to comply with a subpoena or warrant relating to a9-37
proceeding to determine the paternity of a child or to establish or enforce an9-38
obligation for the support of a child; or9-39
2. Are in arrears in the payment for the support of one or more9-41
are repealed by the Congress of the United States.10-1
Sec. 19. 1. This section and sections 1, 5, 9, 12 and 13 of this act10-2
become effective on October 1, 1999.10-3
2. Section 4 of this act becomes effective:10-4
(a) On October 1, 1999, for the purpose of adopting regulations; and10-5
(b) On January 1, 2000, for all other purposes.10-6
3. Sections 2, 3, 6, 7, 8, 10, 11 and 14 to 18, inclusive, of this act10-7
become effective on January 1, 2000.~