Senate Bill No. 8–Senator Rawson

Prefiled January 6, 1999

____________

Referred to Committee on Commerce and Labor

 

SUMMARY—Makes various changes concerning practice of barbering. (BDR 54-803)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: No.

~

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 barbering; prohibiting the refunding of the fee for an examination for licensure by the state barbers’ health and sanitation board if the applicant, without good cause, fails to appear for the examination; requiring persons who

are required to display their licenses to provide identification upon the request of a representative of the board; increasing the bond and salary of the secretary-treasurer of the board; increasing certain fees for licensure; providing a

penalty; 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 643 of NRS is hereby amended by adding thereto

1-2 the provisions set forth as sections 2 and 3 of this act.

1-3 Sec. 2. 1. An applicant for a license pursuant to the provisions of

1-4 this chapter who, without good cause, fails to appear for an examination

1-5 of the board after notification by the board of his eligibility to take the

1-6 examination:

1-7 (a) Is not entitled to receive a refund of the fee for that examination;

1-8 and

1-9 (b) Must reapply to take the examination by filing a new application

1-10 and paying the fee for the examination.

1-11 2. The board shall, by regulation, define "good cause" for the

1-12 purposes of this section.

1-13 Sec. 3. A person who is required to display a license issued pursuant to the provisions of this 1-14 chapter shall, upon the request of an authorized

1-15 representative of the board, provide to that representative identification in

2-1 the form of a driver’s license or identification card with a photograph that

2-2 has been issued by a state, the District of Columbia or the United States.

2-3 Sec. 4. NRS 643.010 is hereby amended to read as follows:

2-4 643.010 As used in this chapter, unless the context otherwise requires:

1. "Barber school" includes a school of barbering, college of barbering

2-5 [, barber college ,] and any other place or institution of instruction training

persons to engage in the practice of barbering.

2-6 2. "Barbershop" [embraces] means any establishment or place of

2-7 business [wherein] where the practice of barbering is engaged in or carried

on.

2-8 3. "Board" means the state barbers’ health and sanitation board.

4. "Instructor" means any person [certified] who is licensed by the

2-9 board pursuant to the provisions of this chapter to instruct the practice of

2-10 barbering in a barber school.

5. "Licensed apprentice" means a person who is licensed to engage in

2-11 the practice of barbering as an apprentice pursuant to the provisions of

this chapter.

2-12 6. "Licensed barber" means a person who is licensed to engage in the

2-13 practice of barbering pursuant to the provisions of this chapter.

7. "Practice of barbering" [is defined to be any of, or any combination

2-14 of, or all] means any of the following practices for cosmetic purposes:

(a) Shaving or trimming the beard, cutting or trimming the hair, or hair

2-15 weaving.

2-16 (b) Giving massages of the face or scalp or treatments with oils, creams,

lotions or other preparations, [either] by hand or mechanical appliances.

2-17 (c) Singeing, shampooing or dyeing the hair, or applying hair tonics.

(d) Applying cosmetic preparations, antiseptics, powders, oils or lotions

2-18 to the scalp, face or neck.

2-19 (e) Arranging, fitting, cutting, styling, cleaning, coloring or dyeing a

hairpiece or wig, whether made of human hair or synthetic material. This

2-20 does not restrict any establishment from setting or styling a hairpiece or wig

in preparation for retail sale.

2-21 [6. "Practitioner of barbering" means a person engaged in any of the

2-22 practices designated in subsection 5.

7.] 8. "Student" means a person receiving instruction in a barber school.

2-23 Sec. 5. NRS 643.020 is hereby amended to read as follows:

643.020 1. The state barbers’ health and sanitation board, consisting

2-24 of four members, is hereby created.

2-25 2. The board consists of the state health officer, or a member of his staff

designated by the state health officer, and three members who are

2-26 [registered] licensed barbers appointed by the governor. Of the barbers, one barber must be from Clark County, one barber must be from Washoe

2-27 County and one barber must be from any county in the state. Each of the

barbers must have been a resident of this state and a practicing [registered]

3-1 licensed barber for at least 5 years immediately before his appointment.

3. The governor may remove a member of the board for cause.

3-2 Sec. 6. NRS 643.030 is hereby amended to read as follows:

3-3 643.030 1. The board shall elect a president. No person may serve as

president for more than 4 consecutive years.

3-4 2. The board shall elect a vice president.

3. The board shall elect a secretary-treasurer, who may or may not be a

3-5 member of the board. The board shall fix the salary of the secretary-

3-6 treasurer, which must not exceed the sum of [$2,400] $3,600 per year.

4. Each officer and member of the board is entitled to receive:

3-7 (a) A salary of not more than $80 per day, as fixed by the board, while

engaged in the business of the board; and

3-8 (b) A per diem allowance and travel expenses at a rate fixed by the

3-9 board, while engaged in the business of the board. The rate must not exceed

the rate provided for state officers and employees generally.

3-10 5. While engaged in the business of the board, each employee of the

board is entitled to receive a per diem allowance and travel expenses at a

3-11 rate fixed by the board. The rate must not exceed the rate provided for state

3-12 officers and employees generally.

6. The secretary-treasurer shall:

3-13 (a) Keep a record of all proceedings of the board.

(b) Give to [the] this state a bond in the sum of [$2,000,] $3,000, with

3-14 sufficient sureties, for the faithful performance of his duties. The bond must

3-15 be approved by the board.

Sec. 7. NRS 643.050 is hereby amended to read as follows:

3-16 643.050 1. The board [shall have the authority:

(a) To maintain] may:

3-17 (a) Maintain offices in as many [localities in the] locations in this state

3-18 as it finds necessary to carry out the provisions of this chapter.

(b) [To employ] Employ attorneys, investigators and other professional

3-19 consultants and clerical personnel necessary to the discharge of its duties.

(c) [To make reasonable rules and regulations for the administration of]

3-20 Adopt regulations necessary to carry out the provisions of this chapter.

3-21 2. The board shall prescribe, by regulation, sanitary requirements for

barbershops and barber schools.

3-22 3. Any member of the board or its agents or assistants [shall have

authority to] may enter and inspect any barbershop or barber school at any

3-23 time during business hours or at any time when the practice of barbering or

3-24 instruction in [such] that practice is being carried on.

4. The board shall keep a record of its proceedings relating to the issuance, refusal, renewal, 3-25 suspension and revocation of [certificates of

registration. This record shall also] licenses. The record must contain the

4-1 name, place of business and residence of each [registered barber and

registered apprentice,] licensed barber, licensed apprentice and instructor,

4-2 and the date and number of his [certificate of registration. This record shall]

license. The record must be open to public inspection at all reasonable

4-3 times.

4-4 5. The board [shall have power to] may approve and, by official order,

[to] establish the days and hours when barbershops may remain open for

4-5 business whenever agreements fixing such opening and closing hours have

been signed and submitted to the board by any organized and representative

4-6 group of licensed barbers of at least 70 percent of the licensed barbers of

4-7 any county. The board [shall have like power to] may investigate the

reasonableness and propriety of the hours fixed by such an agreement, as is

4-8 conferred by the provisions of this chapter, and the board may fix hours for

any portion of a county.

4-9 6. The board [shall have authority to adopt and enforce reasonable rules

4-10 and] may adopt regulations governing the conduct of barber schools [.

7. The board shall have authority to prescribe] and the course of study

4-11 of barber schools.

Sec. 8. NRS 643.070 is hereby amended to read as follows:

4-12 643.070 Any person is qualified to receive a [certificate of registration]

4-13 license as a barber:

1. Who is qualified under the provisions of NRS [643.080 or] 643.085.

4-14 2. Who is at least 18 years of age.

3. Who is of good moral character and temperate habits.

4-15 4. Who has [practiced] :

4-16 (a) Practiced as a [registered] licensed apprentice for a period of 18

months under the immediate personal supervision of a [registered] licensed

4-17 barber ; or [has satisfied]

(b) Complied with the requirements of NRS 643.085.

4-18 5. Who has passed an examination conducted by the board to determine

4-19 his fitness to practice as a [registered] licensed barber.

6. Who has had a chest X-ray, the results of which indicate he is not

4-20 tuberculous, and a blood test, the results of which indicate he is not a carrier

of communicable diseases.

4-21 Sec. 9. NRS 643.080 is hereby amended to read as follows:

4-22 643.080 Any person is qualified to receive a [certificate of registration

as a registered] license as an apprentice:

4-23 1. Who is at least 16 1/2 years of age.

2. Who is of good moral character and temperate habits.

4-24 3. Who has graduated from a school of barbering approved by the

4-25 board.

4. Who has passed an examination conducted by the board to determine

4-26 his fitness to practice as a [registered] licensed apprentice.

4-27 5. Who has had a chest X-ray, the results of which indicate he is not

4-28 tuberculous, and a blood test, the results of which indicate he is not a carrier

of communicable diseases.

4-29 Sec. 10. NRS 643.085 is hereby amended to read as follows:

643.085 [For the purpose of issuing a certificate of registration as a

4-30 barber, a] A person who:

4-31 1. Is licensed pursuant to the provisions of chapter 644 of NRS [who

has] ; and

4-32 2. Has completed 400 hours of specialized training at a barber school

[of barbering] approved by the board , [is entitled to]

4-33 may take the examination for a license as a [practitioner of barbering]

4-34 barber without being [certified] licensed as an apprentice.

Sec. 11. NRS 643.090 is hereby amended to read as follows:

4-35 643.090 1. Each applicant for a [certificate of registration as a

practitioner of barbering] license as a barber or an apprentice must file an

4-36 application verified by him for an examination before the board.

4-37 2. The application must be in a form prescribed by the board and

include the social security number of the applicant.

4-38 3. Each application must be accompanied by the fees [provided]

prescribed by subsection 4.

4-39 4. The board shall annually fix the examination fees, which must not be

4-40 more than $100.

5. Each applicant must, at the time of filing the application, file a

4-41 certificate [of] signed by a licensed physician certifying that the applicant is

free from tuberculosis and other communicable diseases.

4-42 Sec. 12. NRS 643.095 is hereby amended to read as follows:

4-43 643.095 1. An applicant for the issuance or renewal of a [certificate

of registration] license as a barber [or registered apprentice shall] , an

4-44 apprentice or an instructor must submit to the board the statement

prescribed by the welfare division of the department of human resources

4-45 pursuant to NRS 425.520. The statement must be completed and signed by

4-46 the applicant.

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

4-47 1 in:

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

4-48 issuance or renewal of the [certificate of registration;] license; or

4-49 (b) A separate form prescribed by the board.

3. A [certificate of registration] license as a barber [or registered] , an

4-50 apprentice or an instructor may not be issued or renewed by the board if

the applicant:

4-51 (a) Fails to submit the statement required pursuant to subsection 1; or

4-52 (b) Indicates on the statement submitted pursuant to subsection 1 that he

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

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

5-1 agency enforcing the order for the repayment of the amount owed pursuant

5-2 to the order.

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

5-3 subsection 1 that he is subject to a court order for the support of a child and

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

5-4 attorney or other public agency enforcing the order for the repayment of the

5-5 amount owed pursuant to the order, the board shall advise the applicant to

contact the district attorney or other public agency enforcing the order to

5-6 determine the actions that the applicant may take to satisfy the arrearage.

Sec. 13. NRS 643.100 is hereby amended to read as follows:

5-7 643.100 1. Not less than three times each year, at such times and

5-8 places as it determines, the board shall conduct examinations to determine

the fitness of each of the following:

5-9 (a) Applicants for [certificates of registration to practice as registered]

licenses as barbers.

5-10 (b) Applicants for [certificates of registration to practice as registered]

5-11 licenses as apprentices.

(c) Applicants to enter barber schools.

5-12 2. The examination of applicants for [certificates of registration as

registered] licenses as barbers and [as registered apprentices shall include

5-13 both] apprentices must include a practical demonstration and a written and

5-14 oral test [, and shall embrace] that must include the subjects usually taught

in barber schools [of barbering] approved by the board.

5-15 Sec. 14. NRS 643.110 is hereby amended to read as follows:

643.110 1. Except as otherwise provided in subsection 2, an applicant

5-16 for a license as a [practitioner of barbering] barber who fails to pass [a

5-17 satisfactory] the examination conducted by the board must continue to

practice as [an] a licensed apprentice for an additional 3 months before he

5-18 [is again entitled to take] may retake the examination for [registration] a

license as a barber.

5-19 2. An applicant for a license as a [practitioner of barbering] barber who

5-20 is a cosmetologist licensed pursuant to the provisions of chapter 644 of

NRS and who fails to pass [a satisfactory] the examination conducted by the

5-21 board must complete further study as prescribed by the board, not exceeding

250 hours, in a barber school [of barbering] approved by the board before

5-22 he [is again entitled to take] may retake the examination [.] for a license as

5-23 a barber.

3. An applicant for a [certificate of registration to practice] license as

5-24 an apprentice who fails to pass the examination provided for in NRS

643.080 must complete further study as prescribed by the board in a barber school approved by the 5-25 board [.] before he may retake the examination for

5-26 a license as an apprentice.

5-27 4. An applicant for a license as an instructor who fails to pass the

examination provided for in NRS 643.1775 must complete further study

5-28 prescribed by the board, not to exceed 250 hours, in a barber school

5-29 approved by the board before he may retake the examination for a license

as an instructor.

5-30 Sec. 15. NRS 643.120 is hereby amended to read as follows:

643.120 Any person who has a license or certificate [of registration as a

5-31 practicing] as a barber or an apprentice from another state , the District of

5-32 Columbia or a country which has substantially the same requirements for

licensing [or registering] barbers and apprentices as are required by the

5-33 provisions of this chapter [shall] must be admitted to practice [under such

rules and regulations as the board shall prescribe under the terms of this

5-34 chapter.] as a licensed barber or apprentice pursuant to the regulations

5-35 adopted by the board.

Sec. 16. NRS 643.130 is hereby amended to read as follows:

5-36 643.130 A [certificate of registered] license as a barber or [of

registered] an apprentice must be issued by the board to any applicant who:

5-37 1. Passes an examination as provided for in NRS 643.070 and 643.080;

5-38 2. Possesses the other qualifications required by the provisions of this

chapter;

5-39 3. Submits the statement required pursuant to NRS 643.095; and

4. Complies with the requirements set forth in the [rules and]

5-40 regulations of the board.

5-41 Sec. 17. NRS 643.140 is hereby amended to read as follows:

643.140 1. [Every registered] Each licensed barber and [every

5-42 registered] each licensed apprentice who continues in active practice or

service shall biennially, on or before April 1 of each even-numbered year,

5-43 renew his [certificate of registration] license and pay the required fee. The

5-44 board shall fix the fee for renewal of a [certificate of registration,] license,

which must not be more than $60. The statement required pursuant to NRS

5-45 643.095 must be submitted with the fee. Every [certificate of registration]

license which has not been renewed before May 1 of an even-numbered

5-46 year expires on that date.

5-47 2. A [registered] licensed barber or a [registered] licensed apprentice

whose [certificate of registration] license has expired may have his

5-48 [certificate] license restored immediately upon submission of the statement

required pursuant to NRS 643.095 and payment of the required restoration

5-49 fee at any time within 2 years after the expiration of his [certificate of

5-50 registration.] license. The board shall fix the restoration fee, which must not

be more than $120.

Sec. 18. NRS 643.150 is hereby amended to read as follows:

6-1 643.150 1. [Every holder of a certificate of registration] Each

6-2 licensed barber and licensed apprentice shall display [it] his license in a

conspicuous place adjacent to or near his work chair.

6-3 2. A copy of the [rules and regulations and sanitary requirements]

regulations adopted by the board [shall be furnished] must be:

6-4 (a) Provided to the owner or manager of each barbershop or barber

6-5 school [, and such copy shall be posted] ; and

(b) Displayed in a conspicuous place in [such] the barbershop or barber

6-6 school.

Sec. 19. NRS 643.170 is hereby amended to read as follows:

6-7 643.170 1. The board shall not suspend or revoke [any certificate of

6-8 registration] the license of any person, or refuse to issue or renew any

[certificate of registration,] license, unless:

6-9 (a) Before taking that action the board gives written notice thereof to the

accused stating the specific reason for its adverse action; and

6-10 (b) The accused is granted the opportunity to appear before the board for

6-11 a hearing within 20 days after the date of the notice.

2. The board may:

6-12 (a) Summon witnesses.

(b) Require the production of books, records and papers for [the purpose

6-13 of] the hearing.

6-14 3. Subpoenas must be issued by the secretary-treasurer of the board

directed to the sheriff of the proper county to be served and returned in the

6-15 same manner as subpoenas in criminal cases. The fees and mileage of the

sheriff and witnesses must be the same as is allowed in criminal cases and

6-16 must be paid from the money of the board as other expenses of the board are

6-17 paid.

4. If the accused prevails at the hearing, the board shall grant him the

6-18 proper relief without delay.

5. Any investigation, inquiry or hearing thus authorized may be

6-19 entertained or held by or before a member or members of the board, and the

6-20 finding or order of the member or members, when approved and confirmed

by the board, shall be deemed the finding or order of the board.

6-21 Sec. 20. NRS 643.171 is hereby amended to read as follows:

643.171 No person [, firm or corporation] may operate a barbershop

6-22 unless the board has issued a license to operate [such shop to such person,

6-23 firm or corporation.] a barbershop to that person.

Sec. 21. NRS 643.1714 is hereby amended to read as follows:

6-24 643.1714 1. The board shall establish the fee for an inspection, which

must not be more than [$50.] $75. The fee for a license to operate a barbershop or for the renewal of the 6-25 license must not be more than [$50.]

6-26 $75.

6-27 2. Each license to operate a barbershop must be renewed biennially,

during April of each odd-numbered year. Each licensee shall pay the

6-28 biennial fee for registration which must be prorated for the period from the

6-29 date the license is issued to the end of the biennium. Each such license

which has not been renewed in April of an odd-numbered year expires on

6-30 May 1 of that year. An expired license may be restored upon payment of:

(a) The license fee; and

6-31 (b) A restoration fee established by the board, which must not be more

6-32 than [$50.] $75.

Sec. 22. NRS 643.1715 is hereby amended to read as follows:

6-33 643.1715 [No] A license to operate a barbershop [may be assigned]

may not be:

6-34 1. Assigned from one person [, firm or corporation] to any other person

6-35 [, firm or corporation, nor may such license be transferred] ; or

2. Transferred from one location to another.

6-36 Sec. 23. NRS 643.1716 is hereby amended to read as follows:

643.1716 [No person, firm or corporation may] A person may not

6-37 operate any barbershop unless [such person, firm or corporation and such

6-38 barbershop respectively comply] he complies with all the applicable

requirements of NRS 643.200 and [with] the regulations adopted by the

6-39 board.

Sec. 24. NRS 643.172 is hereby amended to read as follows:

6-40 643.172 It is unlawful for any person [, firm or corporation] to operate

6-41 a barber school unless the board has issued [to such person, firm or

corporation] a license [which is current and in good standing.] to the person

6-42 to operate the barber school.

Sec. 25. NRS 643.174 is hereby amended to read as follows:

6-43 643.174 Upon receipt of an application to operate a barber school, the

6-44 board shall require the applicant, if [an individual,] the applicant is a sole

proprietor, or a member, partner or officer , if the applicant is a firm,

6-45 partnership or corporation, to appear personally before the board and submit

information in such form as the board may by regulation prescribe showing:

6-46 1. The location of the proposed [college] barber school and its physical

6-47 facilities and equipment;

2. The proposed maximum number of students to be trained at any one

6-48 time and the number of instructors to be provided;

3. The nature and terms of the applicant’s right of possession of the

6-49 proposed premises, whether by lease, ownership or otherwise;

6-50 4. The financial ability of the applicant to operate the [college] barber

school in accordance with the requirements of this chapter and the

6-51 regulations of the board; and

5. Such other information as the board considers necessary.

7-1 Sec. 26. NRS 643.175 is hereby amended to read as follows:

643.175 1. The fee [to be paid by an applicant] for a license to

7-2 operate a barber school, as provided in NRS 643.173, [shall be $250, which

fee will] is $500. The fee must be returned if the application is rejected.

7-3 2. The fee [to be paid by an applicant] for the renewal of a license to

7-4 operate a barber school [shall be] is $100.

3. [Every] Each license to operate a barber school which has not been

7-5 renewed during the month of April in any year [shall expire] expires on

May 1 of that year.

7-6 Sec. 27. NRS 643.176 is hereby amended to read as follows:

7-7 643.176 1. The board may adopt and enforce reasonable regulations

governing:

7-8 (a) The conduct of barber schools;

(b) The course of study of barber schools;

7-9 (c) The examination of instructors;

7-10 (d) The fee for the examination of instructors, which may not exceed

[$75;] $300; and

7-11 (e) The fee for the issuance and renewal of an instructor’s [certificate.]

license.

7-12 2. The board shall require, as a prerequisite for the renewal of an

7-13 instructor’s [certification,] license, continuing education in the form of

seminars or other training.

7-14 Sec. 28. NRS 643.177 is hereby amended to read as follows:

643.177 Any person who owns, manages, operates or controls any

7-15 barber school, or part [or portion] thereof, shall:

7-16 1. Display a sign at every entrance to the barber school indicating that

barbering is performed by students exclusively;

7-17 2. Have at least two instructors [available] on the premises of the

barber school at all times [when] if the active enrollment of the school is 20

7-18 or more students and at least [one instructor when the active enrollment is

7-19 less;] two instructors available to provide instruction at all times; and

3. Comply with all other provisions of this chapter relating to barber

7-20 schools.

Sec. 29. NRS 643.1775 is hereby amended to read as follows:

7-21 643.1775 The board shall [certify] license any person as an instructor

7-22 who:

1. Has applied to the board in writing on the form prescribed by the

7-23 board;

2. Holds a high school diploma or its equivalent;

7-24 3. Has paid the applicable fees;

7-25 4. Holds a [certificate of registered] license as a barber issued by the

board;

7-26 5. Submits the statement required pursuant to NRS 643.095;

7-27 6. Has practiced not less than 5 years as a full-time licensed barber in

7-28 this state , the District of Columbia or in any other state or country whose

requirements for licensing barbers are substantially equivalent to those in

7-29 this state;

[6.] 7. Has successfully completed a training program for instructors

7-30 conducted by a licensed barber school which consists of [a minimum of

7-31 400] not less than 600 hours of instruction within a 6-month period; and

[7. Successfully passes]

7-32 8. Has passed an examination for instructors administered by the board.

Sec. 30. NRS 643.1775 is hereby amended to read as follows:

7-33 643.1775 The board shall license any person as an instructor who:

7-34 1. Has applied to the board in writing on the form prescribed by the

board;

7-35 2. Holds a high school diploma or its equivalent;

3. Has paid the applicable fees;

7-36 4. Holds a license as a barber issued by the board;

7-37 5. [Submits the statement required pursuant to NRS 643.095;

6.] Has practiced not less than 5 years as a full-time licensed barber in

7-38 this state, the District of Columbia or in any other state or country whose

requirements for licensing barbers are substantially equivalent to those in

7-39 this state;

7-40 [7.] 6. Has successfully completed a training program for instructors

conducted by a licensed barber school which consists of not less than 600

7-41 hours of instruction within a 6-month period; and

[8.] 7. Has passed an examination for instructors administered by the

7-42 board.

7-43 Sec. 31. NRS 643.182 is hereby amended to read as follows:

643.182 1. The board may by regulation require a licensed barber to

7-44 maintain a barbershop licensed by the board as his primary base of

operation for the performance of barbering services.

7-45 2. [Nothing in this section prevents] The provisions of this section do

7-46 not prevent a licensed barber who complies with regulations adopted

pursuant to subsection 1 from providing barbering services to customers

7-47 away from his shop as a matter of convenience to those customers.

Sec. 32. NRS 643.185 is hereby amended to read as follows:

7-48 643.185 1. The following are grounds for disciplinary action by the

7-49 board:

(a) Violation by any person [holding a certificate or license issued]

7-50 licensed pursuant to the provisions of this chapter of any provision of this

chapter or the regulations adopted by the board.

7-51 (b) Conviction of a felony.

7-52 (c) Malpractice or incompetency.

7-53 (d) Continued practice by a person knowingly having an infectious or

contagious disease.

7-54 (e) Advertising, practicing or attempting to practice under another’s

7-55 name or trade name.

(f) Drunkenness or addiction to a controlled substance.

7-56 2. If the board determines that a violation of this section has occurred, it

may:

7-57 (a) Refuse to issue or renew a [certificate or] license;

7-58 (b) Revoke or suspend a [certificate or] license;

(c) Impose a fine of not more than $1,000; [or] and

7-59 (d) Require the person to pay all costs incurred by the board relating to

the discipline of the person.

7-60 Sec. 33. NRS 643.188 is hereby amended to read as follows:

7-61 643.188 1. If the board receives a copy of a court order issued

pursuant to NRS 425.540 that provides for the suspension of all

7-62 professional, occupational and recreational licenses, certificates and permits

issued to a person who is [the holder of a certificate of registration] licensed

7-63 as a barber [or registered apprentice,] , an apprentice or an instructor, the

7-64 board shall deem the [certificate of registration] license issued to that

person to be suspended at the end of the 30th day after the date on which the

7-65 court order was issued unless the board receives a letter issued to the holder

of the [certificate of registration] license by the district attorney or other

7-66 public agency pursuant to NRS 425.550 stating that the holder of the

7-67 [certificate of registration] license has complied with the subpoena or

warrant or has satisfied the arrearage pursuant to NRS 425.560.

7-68 2. The board shall reinstate a [certificate of registration as a barber or

registered apprentice] license that has been suspended by a district court

7-69 pursuant to NRS 425.540 if the board receives a letter issued by the district

7-70 attorney or other public agency pursuant to NRS 425.550 to the person

whose [certificate of registration] license was suspended stating that the

7-71 person whose [certificate of registration] license was suspended has

complied with the subpoena or warrant or has satisfied the arrearage

7-72 pursuant to NRS 425.560.

7-73 Sec. 34. NRS 643.190 is hereby amended to read as follows:

643.190 It shall be unlawful:

7-74 1. For any person in this state to engage in the practice or attempt to

practice barbering without a [certificate of registration, health and

7-75 sanitation] license issued by the board pursuant to the provisions of this

7-76 chapter.

2. For any owner or manager of any barbershop to employ a barber who

7-77 does not have a [certificate of registration, health and sanitation] license issued by the board or whose [shop] barbershop does not meet the sanitary

7-78 requirements of the board.

3. For any person to engage in the practice of barbering without a

8-1 [certificate of registration as a registered] license as a barber issued

pursuant to the provisions of this chapter by the board.

8-2 4. For any person to serve as an apprentice under a [registered] licensed

8-3 barber without a [certificate of registration as a registered] license as an

apprentice issued by the board.

8-4 5. For any person [, firm or corporation] to operate a barbershop unless

[such shop shall] the barbershop is at all times [be] under the direct

8-5 supervision and management of a [registered] licensed barber.

8-6 6. For any person [, firm or corporation] to hire or employ any person

to engage in the practice of barbering unless [such person then holds a valid,

8-7 unexpired and unrevoked certificate of registration to practice barbering or

a certificate of registration as a registered] the person holds a license as a

8-8 barber or an apprentice issued under the provisions of this chapter.

8-9 7. For any person to place a barber pole in a location that would

create or tend to create the impression to members of the general public

8-10 that a business located near the barber pole is a barbershop unless the

business employs licensed barbers. As used in this subsection, "barber

8-11 pole" means a red and white striped vertical cylinder with a ball located

8-12 on top of the cylinder.

Sec. 35. NRS 643.200 is hereby amended to read as follows:

8-13 643.200 1. It shall be unlawful for any licensed barber or apprentice:

(a) Knowingly to continue the practice of barbering, or for any student

8-14 knowingly to continue as a student in any [school or college of barbering

8-15 while such] barber school while the person has an infectious, contagious or

communicable disease.

8-16 (b) To use upon one patron a towel that has been used upon another

patron unless [and until] the towel has been relaundered.

8-17 (c) Not to provide the headrest on each chair with a relaundered towel or

8-18 a sheet of clean paper for each patron.

(d) Not to place around the patron’s neck a strip of cotton, towel or

8-19 neckband so that the hair cloth does not come in contact with the neck or

skin of the patron’s body.

8-20 (e) To use in the practice of barbering any styptic pencils, finger bowls,

8-21 sponges, lump alum or powder puffs. Possession of a styptic pencil, finger

bowl, sponge, lump alum or powder puff in a barbershop is prima facie

8-22 evidence that the [same] item is being used therein in the practice of

barbering.

8-23 (f) To use on any patron any razors, scissors, tweezers, combs, rubber

8-24 discs or parts of vibrators used on another patron, unless [the same be] the

items are kept in a closed compartment and immersed in boiling water or in a solution of 2 percent 8-25 carbolic acid, or its equivalent, before each [such]

use.

9-1 2. It shall be unlawful to own, manage, control or operate any

barbershop unless:

9-2 (a) Continuously hot and cold running water [be provided for, if

possible.] is provided.

9-3 (b) A recognized sign is displayed at the main entrance to the shop

9-4 indicating that it is a barbershop.

[3. The board shall have power to make other rules and regulations and

9-5 prescribe other sanitary requirements in addition to the provisions of

subsections 1 and 2 in aid or furtherance of the provisions of this chapter.]

9-6 Sec. 36. NRS 643.205 is hereby amended to read as follows:

9-7 643.205 It is unlawful for any person to instruct the practice of

barbering in a barber school unless he is [certified] licensed by the board to

9-8 do so.

Sec. 37. The amendatory provisions of this act do not apply to offenses

9-9 that are committed before October 1, 1998.

9-10 Sec. 38. 1. This section and sections 1 to 29, inclusive, and sections

31 to 37, inclusive, of this act become effective on October 1, 1999.

9-11 2. Section 30 of this act becomes effective on the date on which the

provisions of 42 U.S.C. § 666 requiring each state to establish procedures

9-12 under which the state has authority to withhold or suspend, or to restrict the

9-13 use of professional, occupational and recreational licenses of persons who:

(a) Have failed to comply with a subpoena or warrant relating to a

9-14 procedure to determine the paternity of a child or to establish or enforce an

obligation for the support of a child; or

9-15 (b) Are in arrears in the payment for the support of one or more children,

9-16 are repealed by the Congress of the United States.

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