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;

1-11 (b) The person is required to travel more than 60 miles from his place

1-12 of residence to attend a licensed school of cosmetology; and

1-13 (c) The training of the person as a cosmetologist’s apprentice will be

1-14 conducted at a licensed cosmetological establishment that is located in

1-15 such a county.

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

2-2 apprentice must submit an application to the board on a form prescribed

2-3 by the board. The application must be accompanied by a fee of $100 and

2-4 must include:

2-5 (a) A statement signed by the licensed cosmetologist who will be

2-6 supervising and training the cosmetologist’s apprentice which states that

2-7 the licensed cosmetologist has been licensed by the board to practice

2-8 cosmetology in this state for not less than 3 years immediately preceding

2-9 the date of the application and that his license has been in good standing

2-10 during that period;

2-11 (b) A statement signed by the owner of the licensed cosmetological

2-12 establishment where the applicant will be trained which states that the

2-13 owner will permit the applicant to be trained as a cosmetologist’s

2-14 apprentice at the cosmetological establishment; and

2-15 (c) Such other information as the board may require by regulation.

2-16 3. A certificate of registration as a cosmetologist’s apprentice is valid

2-17 for 2 years after the date on which it is issued and may be renewed by the

2-18 board upon good cause shown.

2-19 Sec. 4. 1. A cosmetologist’s apprentice shall display the certificate

2-20 of registration issued to him by the board in plain view of the public at the

2-21 position where he is being trained. The cosmetologist’s apprentice, the

2-22 licensed cosmetologist supervising and training the cosmetologist’s

2-23 apprentice, and the owner of the cosmetological establishment where the

2-24 cosmetologist’s apprentice is being trained shall not advertise or hold the

2-25 cosmetologist’s apprentice out as being a licensed cosmetologist, or use

2-26 any title or abbreviation that would indicate that the cosmetologist’s

2-27 apprentice is a licensed cosmetologist.

2-28 2. To receive credit for his apprenticeship, a cosmetologist’s

2-29 apprentice must be regularly employed during his training by:

2-30 (a) The cosmetological establishment where he is being trained; or

2-31 (b) If the cosmetologist’s apprentice is being supervised and trained by

2-32 a licensed cosmetologist who is leasing space in a cosmetological

2-33 establishment, the licensed cosmetologist.

2-34 3. Not more than one cosmetologist’s apprentice may be employed at

2-35 any time at a licensed cosmetological establishment.

2-36 4. A licensed cosmetologist who is supervising and training a

2-37 cosmetologist’s apprentice shall:

2-38 (a) Supervise all work done by the cosmetologist’s apprentice; and

2-39 (b) Be in attendance at all times that the cosmetologist’s apprentice is

2-40 engaged in the practice of cosmetology.

3-1 5. A licensed cosmetologist who is supervising and training a

3-2 cosmetologist’s apprentice shall keep a daily record of the training that is

3-3 provided to the cosmetologist’s apprentice. The licensed cosmetologist

3-4 shall:

3-5 (a) Keep the daily records at the cosmetological establishment where

3-6 the cosmetologist’s apprentice is being trained and, upon the request of

3-7 the board, make the daily records available to the board; and

3-8 (b) Submit a copy of the records to the board at such regular intervals

3-9 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 the

3-12 board as an instructor to train a cosmetologist’s apprentice pursuant to

3-13 this section and section 3 of this act, and the licensed cosmetologist is not

3-14 subject to regulation as an instructor because he provides such training.

3-15 (b) A licensed cosmetological establishment which employs a

3-16 cosmetologist’s apprentice or at which a cosmetologist’s apprentice is

3-17 being trained is not subject to regulation as a school of cosmetology

3-18 because the cosmetologist’s apprentice is being trained at the

3-19 cosmetological establishment.

3-20 7. The board may adopt:

3-21 (a) Regulations relating to the qualifications of a licensed

3-22 cosmetologist to supervise and train a cosmetologist’s apprentice;

3-23 (b) Regulations relating to the procedures and subject matter that must

3-24 be included in the training of a cosmetologist’s apprentice;

3-25 (c) Regulations relating to the training of a cosmetologist’s apprentice

3-26 to verify the number of hours of training received by the cosmetologist’s

3-27 apprentice; and

3-28 (d) Such other regulations as the board determines necessary to carry

3-29 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 the

3-32 provisions of NRS 644.190. A citation issued pursuant to this paragraph

3-33 must be in writing and describe with particularity the nature of the

3-34 violation. The citation also must inform the person of the provisions of

3-35 subsection 2. A separate citation must be issued for each violation. If

3-36 appropriate, the citation may contain an order to cease and desist.

3-37 (b) Upon finding that a person has violated the provisions of NRS

3-38 644.190, 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 must

4-2 request a hearing by written notice of appeal to the board within 30 days

4-3 after the date on which the citation is issued.

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

4-5 644.020 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, and

4-7 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:

4-9 644.190 1. It is unlawful for any person to conduct or operate a

4-10 cosmetological establishment, school of cosmetology or any other place of

4-11 business in which any one or any combination of the occupations of

4-12 cosmetology are taught or practiced unless he is licensed in accordance with

4-13 the provisions of this chapter.

4-14 2. Except as otherwise provided in subsection 4, it is unlawful for any

4-15 person to engage in, or attempt to engage in, the practice of cosmetology or

4-16 any branch thereof, whether for compensation or otherwise, unless he is

4-17 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 cosmetology [,] established pursuant to

4-20 the provisions of this chapter [,] from engaging, in the school and as a

4-21 student, in work connected with any branch or any combination of branches

4-22 of cosmetology in the school.

4-23 (b) An electrologist’s apprentice from participating in a course of

4-24 practical training and study.

4-25 (c) A person issued a provisional license as an instructor pursuant to

4-26 NRS 644.193 from acting as an instructor and accepting compensation

4-27 therefor [,] while accumulating the hours of training as a teacher required

4-28 for an instructor’s license.

4-29 (d) The rendering of cosmetological services by a person who is licensed

4-30 in accordance with the provisions of this chapter, if those services are

4-31 rendered in connection with photographic services provided by a

4-32 photographer.

4-33 (e) A registered cosmetologist’s apprentice from engaging in the

4-34 practice of cosmetology under the immediate supervision of a licensed

4-35 cosmetologist.

4-36 4. A person employed to render cosmetological services in the course

4-37 of and incidental to the production of a motion picture, television program,

4-38 commercial or advertisement is exempt from the licensing requirements of

4-39 this chapter if he renders cosmetological services only to persons who will

4-40 appear in that motion picture, television program, commercial or

4-41 advertisement.

5-1 Sec. 8. NRS 644.200 is hereby amended to read as follows:

5-2 644.200 1. The board shall admit to examination for a license as a

5-3 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 paid

5-5 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 federal

5-10 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 of

5-13 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 4

5-15 years outside this state.

5-16 (3) If the applicant is a barber registered pursuant to chapter 643 of

5-17 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’s

5-19 apprentice in a licensed cosmetological establishment in which all of the

5-20 occupations of cosmetology are practiced. The required hours must have

5-21 been completed during the period of validity of the certificate of

5-22 registration as a cosmetologist’s apprentice issued to the person pursuant

5-23 to section 3 of this act.

5-24 2. A registered barber who fails the examination for a license as a

5-25 cosmetologist must complete further study as prescribed by the board, not

5-26 exceeding 250 hours, in a school of cosmetology approved by the board

5-27 before he is again entitled to take the examination.

5-28 Sec. 9. NRS 644.210 is hereby amended to read as follows:

5-29 644.210 1. An application for admission to examination or for a

5-30 license in any branch of cosmetology , or for a certificate of registration as

5-31 a cosmetologist’s apprentice, must be made in writing on forms furnished

5-32 by the board and must be submitted within the period designated by the

5-33 board. The board shall charge a fee of $15 for furnishing the forms.

5-34 2. An application must [be accompanied by a fee of $15 and] contain

5-35 proof of the qualifications of the applicant for examination or licensure. The

5-36 application must be verified by the oath of the applicant.

5-37 Sec. 10. NRS 644.212 is hereby amended to read as follows:

5-38 644.212 An application for the issuance of a license or evidence of

5-39 registration issued pursuant to NRS 644.190 to 644.330, inclusive, and

5-40 sections 3 and 4 of this act, must include the social security number of the

5-41 applicant.

6-1 Sec. 11. NRS 644.214 is hereby amended to read as follows:

6-2 644.214 1. An applicant for the issuance or renewal of a license or

6-3 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 the

6-5 statement prescribed by the welfare division of the department of human

6-6 resources pursuant to NRS 425.520. The statement must be completed and

6-7 signed by the applicant.

6-8 2. The board shall include the statement required pursuant to subsection

6-9 1 in:

6-10 (a) The application or any other forms that must be submitted for the

6-11 issuance or renewal of the license or evidence of registration; or

6-12 (b) A separate form prescribed by the board.

6-13 3. A license or evidence of registration may not be issued or renewed

6-14 by the board pursuant to NRS 644.190 to 644.330, inclusive, and sections 3

6-15 and 4 of this act, if the applicant:

6-16 (a) Fails to submit the statement required pursuant to subsection 1; or

6-17 (b) Indicates on the statement submitted pursuant to subsection 1 that he

6-18 is subject to a court order for the support of a child and is not in compliance

6-19 with the order or a plan approved by the district attorney or other public

6-20 agency enforcing the order for the repayment of the amount owed pursuant

6-21 to the order.

6-22 4. If an applicant indicates on the statement submitted pursuant to

6-23 subsection 1 that he is subject to a court order for the support of a child and

6-24 is not in compliance with the order or a plan approved by the district

6-25 attorney or other public agency enforcing the order for the repayment of the

6-26 amount owed pursuant to the order, the board shall advise the applicant to

6-27 contact the district attorney or other public agency enforcing the order to

6-28 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:

6-30 644.310 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 of

6-32 another state or territory of the United States or the District of Columbia

6-33 may, without examination, unless the board sees fit to require an

6-34 examination, be granted a license to practice the occupation in which the

6-35 applicant was previously licensed upon [the following conditions:

6-36 1. That he is] proof satisfactory to the board that the applicant:

6-37 1. Is not less than 18 years of age.

6-38 2. [That he is] Is of good moral character.

6-39 3. [That he] Has successfully completed a nationally recognized written

6-40 examination in this state or in the state or territory or the District of

6-41 Columbia in which he is licensed.

6-42 4. [That he can verify that he is] Is currently licensed in another state or

6-43 territory or the District of Columbia.

7-1 Sec. 13. NRS 644.340 is hereby amended to read as follows:

7-2 644.340 1. Any person wishing to operate a cosmetological

7-3 establishment in which any one or a combination of the occupations of

7-4 cosmetology are practiced must apply to the board for a license, through the

7-5 owner, manager or person in charge, upon forms prepared and furnished by

7-6 the board. Each application must contain a detailed floor plan of the

7-7 proposed cosmetological establishment and proof of the particular requisites

7-8 for a license provided for in this chapter, and must be verified by the oath of

7-9 the maker.

7-10 2. [Upon receipt by the board of] The applicant must submit the

7-11 application accompanied by the required fees for inspection and licensing .

7-12 [, the board shall inspect the establishment to ensure that it] After the

7-13 applicant has submitted the application, the applicant must contact the

7-14 board and request a verbal review concerning the application to

7-15 determine if the cosmetological establishment complies with the

7-16 requirements of this chapter and the regulations adopted by the board. If ,

7-17 based on the verbal review, the board determines that the cosmetological

7-18 establishment meets those requirements, the board shall issue to the

7-19 applicant the required license. Upon receipt of the license, the applicant

7-20 must contact the board to request the activation of the license. A license

7-21 issued pursuant to this subsection is not valid until it is activated. The

7-22 board shall conduct an on-site inspection of the cosmetological

7-23 establishment not later than 90 days after the date on which the license is

7-24 activated.

7-25 3. The fee for a license for a cosmetological establishment is $60. The

7-26 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:

7-29 644.425 1. The board may grant a temporary educational permit

7-30 authorizing a current licensee within the scope of his license to conduct

7-31 demonstrations and exhibitions, temporarily and primarily for educational

7-32 purposes, of techniques for the benefit and instruction of cosmetologists,

7-33 hair designers, aestheticians, electrologists and manicurists licensed

7-34 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, the

7-37 period during which the person is permitted to conduct the demonstrations

7-38 and exhibitions, which may not exceed 10 days, and the time and place of

7-39 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 sought

7-43 primarily for educational purposes; and

8-1 (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 a

8-3 permit must be submitted at least 10 days before the date of the

8-4 demonstration or exhibit.

8-5 4. It is unlawful:

8-6 (a) For any person to conduct a demonstration or exhibition without a

8-7 permit.

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

8-9 cosmetologists, hair designers, aestheticians, electrologists and manicurists

8-10 licensed pursuant to this chapter, and electrologists’ apprentices ,

8-11 cosmetologists’ apprentices and students enrolled in licensed schools of

8-12 cosmetology to attend any demonstration or exhibition made or given by

8-13 him.

8-14 Sec. 15. NRS 644.430 is hereby amended to read as follows:

8-15 644.430 1. The following are grounds for disciplinary action by the

8-16 board:

8-17 (a) Failure of an owner of a cosmetological establishment, a licensed

8-18 aesthetician, cosmetologist, hair designer, electrologist, instructor,

8-19 manicurist or school of cosmetology , or a cosmetologist’s apprentice to

8-20 comply with the requirements of this chapter or the applicable regulations

8-21 adopted by the board.

8-22 (b) Obtaining practice in cosmetology or any branch thereof, for money

8-23 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 or

8-26 contagious disease.

8-27 (e) Drunkenness or the use or possession, or both, of a controlled

8-28 substance or dangerous drug without a prescription, while engaged in the

8-29 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 not

8-32 personally, actively and continuously engaged in business.

8-33 (h) Failure to display the license as provided in NRS 644.290, 644.360

8-34 and 644.410.

8-35 (i) Entering, by a school of cosmetology, into an unconscionable contract

8-36 with a student of cosmetology.

8-37 (j) Continued practice of cosmetology or operation of a cosmetological

8-38 establishment or school of cosmetology after the license therefor has

8-39 expired.

8-40 (k) Any other unfair or unjust practice, method or dealing which, in the

8-41 judgment of the board, may justify such action.

8-42 2. If the board determines that a violation of this section has occurred, it

8-43 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; or

9-4 (d) Impose a fine not to exceed $1,000.

9-5 Sec. 16. NRS 644.435 is hereby amended to read as follows:

9-6 644.435 1. If the board receives a copy of a court order issued

9-7 pursuant to NRS 425.540 that provides for the suspension of all

9-8 professional, occupational and recreational licenses, certificates and permits

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

9-10 to NRS 644.190 to 644.330, inclusive, and sections 3 and 4 of this act, the

9-11 board shall deem the license or registration issued to that person to be

9-12 suspended at the end of the 30th day after the date on which the court order

9-13 was issued unless the board receives a letter issued by the district attorney

9-14 or other public agency pursuant to NRS 425.550 to the holder of the license

9-15 or registration stating that the holder of the license or registration has

9-16 complied with the subpoena or warrant or has satisfied the arrearage

9-17 pursuant to NRS 425.560.

9-18 2. The board shall reinstate a license or registration issued pursuant to

9-19 NRS 644.190 to 644.330, inclusive, and sections 3 and 4 of this act, that

9-20 has been suspended by a district court pursuant to NRS 425.540 if the board

9-21 receives a letter issued by the district attorney or other public agency

9-22 pursuant to NRS 425.550 to the person whose license or registration was

9-23 suspended stating that the person whose license or registration was

9-24 suspended has complied with the subpoena or warrant or has satisfied the

9-25 arrearage pursuant to NRS 425.560.

9-26 Sec. 17. The registration of a person as a cosmetologist’s apprentice

9-27 does not expire solely because of a determination by the Bureau of the

9-28 Census of the United States Department of Commerce that the population of

9-29 the county in which the cosmetologist’s apprentice resides or is receiving

9-30 training is 35,000 or more.

9-31 Sec. 18. The amendatory provisions of sections 10, 11 and 16 of this

9-32 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 has

9-34 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 a

9-37 proceeding to determine the paternity of a child or to establish or enforce an

9-38 obligation for the support of a child; or

9-39 2. Are in arrears in the payment for the support of one or more
9-40 children,

9-41 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 act

10-2 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; and

10-5 (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 act

10-7 become effective on January 1, 2000.

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