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
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 thereto1-2
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 of1-4
this chapter who, without good cause, fails to appear for an examination1-5
of the board after notification by the board of his eligibility to take the1-6
examination:1-7
(a) Is not entitled to receive a refund of the fee for that examination;1-8
and1-9
(b) Must reapply to take the examination by filing a new application1-10
and paying the fee for the examination.1-11
2. The board shall, by regulation, define "good cause" for the1-12
purposes of this section.1-13
Sec. 3. A person who is required to display a license issued pursuant1-14
to the provisions of this chapter shall, upon the request of an authorized1-15
representative of the board, provide to that representative identification in2-1
the form of a driver’s license or identification card with a photograph that2-2
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: 643.010 As used in this chapter, unless the context otherwise requires:2-5
1. "Barber school" includes a school of barbering, college of barbering2-6
2-7
persons to engage in the practice of barbering.2-8
2. "Barbershop"2-9
business2-10
on.2-11
3. "Board" means the state barbers’ health and sanitation board.2-12
4. "Instructor" means any person2-13
board pursuant to the provisions of this chapter to instruct the practice of2-14
barbering in a barber school.2-15
5. "Licensed apprentice" means a person who is licensed to engage in2-16
the practice of barbering as an apprentice pursuant to the provisions of2-17
this chapter.2-18
6. "Licensed barber" means a person who is licensed to engage in the2-19
practice of barbering pursuant to the provisions of this chapter.2-20
7. "Practice of barbering"2-21
2-22
(a) Shaving or trimming the beard, cutting or trimming the hair, or hair2-23
weaving.2-24
(b) Giving massages of the face or scalp or treatments with oils, creams,2-25
lotions or other preparations,2-26
(c) Singeing, shampooing or dyeing the hair, or applying hair tonics.2-27
(d) Applying cosmetic preparations, antiseptics, powders, oils or lotions2-28
to the scalp, face or neck.2-29
(e) Arranging, fitting, cutting, styling, cleaning, coloring or dyeing a2-30
hairpiece or wig, whether made of human hair or synthetic material. This2-31
does not restrict any establishment from setting or styling a hairpiece or wig2-32
in preparation for retail sale.2-33
2-34
2-35
2-36
Sec. 4.5. NRS 643.019 is hereby amended to read as follows: 643.019 This chapter does not apply2-38
2-39
1. Persons licensed pursuant to chapter 644 of NRS.2-40
2.2-41
trimming the beard of any deceased person in preparation for burial or2-42
cremation.3-1
3. A prisoner who cuts hair in the city or county jail, state prison, or3-2
other detention or correctional facility in which he is incarcerated.3-3
Sec. 5. NRS 643.020 is hereby amended to read as follows: 643.020 1. The state barbers’ health and sanitation board, consisting3-5
of four members, is hereby created.3-6
2. The board consists of the state health officer, or a member of his staff3-7
designated by the state health officer, and three members who are3-8
3-9
barber must be from Clark County, one barber must be from Washoe3-10
County and one barber must be from any county in the state. Each of the3-11
barbers must have been a resident of this state and a practicing3-12
licensed barber for at least 5 years immediately before his appointment.3-13
3. The governor may remove a member of the board for cause.3-14
Sec. 6. NRS 643.030 is hereby amended to read as follows: 643.030 1. The board shall elect a president. No person may serve as3-16
president for more than 4 consecutive years.3-17
2. The board shall elect a vice president.3-18
3. The board shall elect a secretary-treasurer, who may or may not be a3-19
member of the board. The board shall fix the salary of the secretary-3-20
treasurer, which must not exceed the sum of3-21
4. Each officer and member of the board is entitled to receive:3-22
(a) A salary of not more than $80 per day, as fixed by the board, while3-23
engaged in the business of the board; and3-24
(b) A per diem allowance and travel expenses at a rate fixed by the3-25
board, while engaged in the business of the board. The rate must not exceed3-26
the rate provided for state officers and employees generally.3-27
5. While engaged in the business of the board, each employee of the3-28
board is entitled to receive a per diem allowance and travel expenses at a3-29
rate fixed by the board. The rate must not exceed the rate provided for state3-30
officers and employees generally.3-31
6. The secretary-treasurer shall:3-32
(a) Keep a record of all proceedings of the board.3-33
(b) Give to3-34
sufficient sureties, for the faithful performance of his duties. The bond must3-35
be approved by the board.3-36
Sec. 7. NRS 643.050 is hereby amended to read as follows: 643.050 1. The board3-38
3-39
(a) Maintain offices in as many3-40
as it finds necessary to carry out the provisions of this chapter.3-41
(b)3-42
consultants and clerical personnel necessary to the discharge of its duties.4-1
(c)4-2
Adopt regulations necessary to carry out the provisions of this chapter.4-3
2. The board shall prescribe , by regulation, sanitary requirements for4-4
barbershops and barber schools.4-5
3. Any member of the board or its agents or assistants4-6
4-7
time during business hours or at any time when the practice of barbering or4-8
instruction in4-9
4. The board shall keep a record of its proceedings relating to the4-10
issuance, refusal, renewal, suspension and revocation of4-11
4-12
name, place of business and residence of each4-13
4-14
and the date and number of his4-15
license. The record must be open to public inspection at all reasonable4-16
times.4-17
5. The board4-18
4-19
business whenever agreements fixing such opening and closing hours have4-20
been signed and submitted to the board by any organized and representative4-21
group of licensed barbers of at least 70 percent of the licensed barbers of4-22
any county. The board4-23
reasonableness and propriety of the hours fixed by such an agreement, as is4-24
conferred by the provisions of this chapter, and the board may fix hours for4-25
any portion of a county.4-26
6. The board4-27
4-28
4-29
of barber schools.4-30
Sec. 8. NRS 643.070 is hereby amended to read as follows: 643.070 Any person is qualified to receive a4-32
license as a barber:4-33
1. Who is qualified under the provisions of NRS4-34
2. Who is at least 18 years of age.4-35
3. Who is of good moral character and temperate habits.4-36
4. Who has4-37
(a) Practiced as a4-38
months under the immediate personal supervision of a4-39
barber ; or4-40
(b) Complied with the requirements of NRS 643.085.4-41
5. Who has passed an examination conducted by the board to determine4-42
his fitness to practice as a5-1
6. Who has had a chest X-ray, the results of which indicate he is not5-2
tuberculous, and a blood test, the results of which indicate he is not a carrier5-3
of communicable diseases.5-4
Sec. 9. NRS 643.080 is hereby amended to read as follows: 643.080 Any person is qualified to receive a5-6
5-7
1. Who is at least 16 1/2 years of age.5-8
2. Who is of good moral character and temperate habits.5-9
3. Who has graduated from a school of barbering approved by the5-10
board.5-11
4. Who has passed an examination conducted by the board to determine5-12
his fitness to practice as a5-13
5. Who has had a chest X-ray, the results of which indicate he is not5-14
tuberculous, and a blood test, the results of which indicate he is not a carrier5-15
of communicable diseases.5-16
Sec. 10. NRS 643.085 is hereby amended to read as follows: 643.0855-18
5-19
1. Is licensed pursuant to the provisions of chapter 644 of NRS5-20
5-21
2. Has completed 400 hours of specialized training at a barber school5-22
5-23
may take the examination for a license as a5-24
barber without being5-25
Sec. 11. NRS 643.090 is hereby amended to read as follows: 643.090 1. Each applicant for a5-27
5-28
application verified by him for an examination before the board.5-29
2. The application must be in a form prescribed by the board and5-30
include the social security number of the applicant.5-31
3. Each application must be accompanied by the fees5-32
prescribed by subsection 4.5-33
4. The board shall annually fix the examination fees, which must not be5-34
more than $100.5-35
5. Each applicant must, at the time of filing the application, file a5-36
certificate5-37
free from tuberculosis and other communicable diseases.5-38
Sec. 12. NRS 643.095 is hereby amended to read as follows: 643.095 1. An applicant for the issuance or renewal of a5-40
5-41
apprentice or an instructor must submit to the board the statement6-1
prescribed by the welfare division of the department of human resources6-2
pursuant to NRS 425.520. The statement must be completed and signed by6-3
the applicant.6-4
2. The board shall include the statement required pursuant to subsection6-5
1 in:6-6
(a) The application or any other forms that must be submitted for the6-7
issuance or renewal of the6-8
(b) A separate form prescribed by the board.6-9
3. A6-10
apprentice or an instructor may not be issued or renewed by the board if6-11
the applicant:6-12
(a) Fails to submit the statement required pursuant to subsection 1; or6-13
(b) Indicates on the statement submitted pursuant to subsection 1 that he6-14
is subject to a court order for the support of a child and is not in compliance6-15
with the order or a plan approved by the district attorney or other public6-16
agency enforcing the order for the repayment of the amount owed pursuant6-17
to the order.6-18
4. If an applicant indicates on the statement submitted pursuant to6-19
subsection 1 that he is subject to a court order for the support of a child and6-20
is not in compliance with the order or a plan approved by the district6-21
attorney or other public agency enforcing the order for the repayment of the6-22
amount owed pursuant to the order, the board shall advise the applicant to6-23
contact the district attorney or other public agency enforcing the order to6-24
determine the actions that the applicant may take to satisfy the arrearage.6-25
Sec. 13. NRS 643.100 is hereby amended to read as follows: 643.100 1. Not less than three times each year, at such times and6-27
places as it determines, the board shall conduct examinations to determine6-28
the fitness of each of the following:6-29
(a) Applicants for6-30
licenses as barbers.6-31
(b) Applicants for6-32
licenses as apprentices.6-33
(c) Applicants to enter barber schools.6-34
2. The examination of applicants for6-35
6-36
6-37
oral test6-38
in barber schools6-39
Sec. 14. NRS 643.110 is hereby amended to read as follows: 643.110 1. Except as otherwise provided in subsection 2, an applicant6-41
for a license as a6-42
7-1
practice as7-2
7-3
license as a barber.7-4
2. An applicant for a license as a7-5
is a cosmetologist licensed pursuant to the provisions of chapter 644 of7-6
NRS and who fails to pass7-7
board must complete further study as prescribed by the board, not exceeding7-8
250 hours, in a barber school7-9
he7-10
a barber.7-11
3. An applicant for a7-12
an apprentice who fails to pass the examination provided for in NRS7-13
643.080 must complete further study as prescribed by the board in a barber7-14
school approved by the board7-15
a license as an apprentice.7-16
4. An applicant for a license as an instructor who fails to pass the7-17
examination provided for in NRS 643.1775 must complete further study7-18
prescribed by the board, not to exceed 250 hours, in a barber school7-19
approved by the board before he may retake the examination for a license7-20
as an instructor.7-21
Sec. 15. NRS 643.120 is hereby amended to read as follows: 643.120 Any person who has a license or certificate7-23
7-24
Columbia or a country which has substantially the same requirements for7-25
licensing7-26
provisions of this chapter7-27
7-28
7-29
adopted by the board.7-30
Sec. 16. NRS 643.130 is hereby amended to read as follows: 643.130 A7-32
7-33
1. Passes an examination as provided for in NRS 643.070 and 643.080;7-34
2. Possesses the other qualifications required by the provisions of this7-35
chapter;7-36
3. Submits the statement required pursuant to NRS 643.095; and7-37
4. Complies with the requirements set forth in the7-38
regulations of the board.7-39
Sec. 17. NRS 643.140 is hereby amended to read as follows: 643.140 1.7-41
7-42
service shall biennially, on or before April 1 of each even-numbered year,7-43
renew his8-1
board shall fix the fee for renewal of a8-2
which must not be more than $60. The statement required pursuant to NRS8-3
643.095 must be submitted with the fee. Every8-4
license which has not been renewed before May 1 of an even-numbered8-5
year expires on that date.8-6
2. A8-7
whose8-8
8-9
required pursuant to NRS 643.095 and payment of the required restoration8-10
fee at any time within 2 years after the expiration of his8-11
8-12
be more than $120.8-13
Sec. 18. NRS 643.150 is hereby amended to read as follows: 643.150 1.8-15
licensed barber and licensed apprentice shall display8-16
conspicuous place adjacent to or near his work chair.8-17
2. A copy of the8-18
regulations adopted by the board8-19
(a) Provided to the owner or manager of each barbershop or barber8-20
school8-21
(b) Displayed in a conspicuous place in8-22
school.8-23
Sec. 19. NRS 643.170 is hereby amended to read as follows: 643.170 1. The board shall not suspend or revoke8-25
8-26
8-27
(a) Before taking that action the board gives written notice thereof to the8-28
accused stating the specific reason for its adverse action; and8-29
(b) The accused is granted the opportunity to appear before the board for8-30
a hearing within 20 days after the date of the notice.8-31
2. The board may:8-32
(a) Summon witnesses.8-33
(b) Require the production of books, records and papers for8-34
8-35
3. Subpoenas must be issued by the secretary-treasurer of the board8-36
directed to the sheriff of the proper county to be served and returned in the8-37
same manner as subpoenas in criminal cases. The fees and mileage of the8-38
sheriff and witnesses must be the same as is allowed in criminal cases and8-39
must be paid from the money of the board as other expenses of the board are8-40
paid.8-41
4. If the accused prevails at the hearing, the board shall grant him the8-42
proper relief without delay.9-1
5. Any investigation, inquiry or hearing thus authorized may be9-2
entertained or held by or before a member or members of the board, and the9-3
finding or order of the member or members, when approved and confirmed9-4
by the board, shall be deemed the finding or order of the board.9-5
Sec. 20. NRS 643.171 is hereby amended to read as follows: 643.171 No person9-7
unless the board has issued a license to operate9-8
9-9
Sec. 21. (Deleted by amendment.)9-10
Sec. 22. NRS 643.1715 is hereby amended to read as follows: 643.17159-12
may not be:9-13
1. Assigned from one person9-14
9-15
2. Transferred from one location to another.9-16
Sec. 23. NRS 643.1716 is hereby amended to read as follows: 643.17169-18
operate any barbershop unless9-19
9-20
requirements of NRS 643.200 and9-21
board.9-22
Sec. 24. NRS 643.172 is hereby amended to read as follows: 643.172 It is unlawful for any person9-24
a barber school unless the board has issued9-25
9-26
to operate the barber school.9-27
Sec. 25. NRS 643.174 is hereby amended to read as follows: 643.174 Upon receipt of an application to operate a barber school, the9-29
board shall require the applicant, if9-30
proprietor, or a member, partner or officer , if the applicant is a firm,9-31
partnership or corporation, to appear personally before the board and submit9-32
information in such form as the board may by regulation prescribe showing:9-33
1. The location of the proposed9-34
facilities and equipment;9-35
2. The proposed maximum number of students to be trained at any one9-36
time and the number of instructors to be provided;9-37
3. The nature and terms of the applicant’s right of possession of the9-38
proposed premises, whether by lease, ownership or otherwise;9-39
4. The financial ability of the applicant to operate the9-40
school in accordance with the requirements of this chapter and the9-41
regulations of the board; and9-42
5. Such other information as the board considers necessary.10-1
Sec. 26. NRS 643.175 is hereby amended to read as follows: 643.175 1. The fee10-3
operate a barber school, as provided in NRS 643.173,10-4
10-5
2. The fee10-6
operate a barber school10-7
3.10-8
renewed during the month of April in any year10-9
May 1 of that year.10-10
Sec. 27. NRS 643.176 is hereby amended to read as follows: 643.176 1. The board may adopt and enforce reasonable regulations10-12
governing:10-13
(a) The conduct of barber schools;10-14
(b) The course of study of barber schools;10-15
(c) The examination of instructors;10-16
(d) The fee for the examination of instructors, which may not exceed10-17
$75; and10-18
(e) The fee for the issuance and renewal of an instructor’s10-19
license.10-20
2. The board shall require, as a prerequisite for the renewal of an10-21
instructor’s10-22
seminars or other training.10-23
Sec. 28. NRS 643.177 is hereby amended to read as follows: 643.177 Any person who owns, manages, operates or controls any10-25
barber school, or part10-26
1. Display a sign at every entrance to the barber school indicating that10-27
barbering is performed by students exclusively;10-28
2. Have at least two instructors10-29
barber school at all times10-30
or more students and at least10-31
10-32
3. Comply with all other provisions of this chapter relating to barber10-33
schools.10-34
Sec. 29. NRS 643.1775 is hereby amended to read as follows: 643.1775 The board shall10-36
who:10-37
1. Has applied to the board in writing on the form prescribed by the10-38
board;10-39
2. Holds a high school diploma or its equivalent;10-40
3. Has paid the applicable fees;10-41
4. Holds a10-42
board;10-43
5. Submits the statement required pursuant to NRS 643.095;11-1
6. Has practiced not less than 5 years as a full-time licensed barber in11-2
this state , the District of Columbia or in any other state or country whose11-3
requirements for licensing barbers are substantially equivalent to those in11-4
this state;11-5
11-6
conducted by a licensed barber school which consists of11-7
11-8
11-9
8. Has passed an examination for instructors administered by the board.11-10
Sec. 30. NRS 643.1775 is hereby amended to read as follows:11-11
643.1775 The board shall license any person as an instructor who:11-12
1. Has applied to the board in writing on the form prescribed by the11-13
board;11-14
2. Holds a high school diploma or its equivalent;11-15
3. Has paid the applicable fees;11-16
4. Holds a license as a barber issued by the board;11-17
5.11-18
11-19
this state, the District of Columbia or in any other state or country whose11-20
requirements for licensing barbers are substantially equivalent to those in11-21
this state;11-22
11-23
conducted by a licensed barber school which consists of not less than 60011-24
hours of instruction within a 6-month period; and11-25
11-26
board.11-27
Sec. 31. NRS 643.182 is hereby amended to read as follows: 643.182 1. The board may by regulation require a licensed barber to11-29
maintain a barbershop licensed by the board as his primary base of11-30
operation for the performance of barbering services.11-31
2.11-32
not prevent a licensed barber who complies with regulations adopted11-33
pursuant to subsection 1 from providing barbering services to customers11-34
away from his shop as a matter of convenience to those customers.11-35
Sec. 32. NRS 643.185 is hereby amended to read as follows: 643.185 1. The following are grounds for disciplinary action by the11-37
board:11-38
(a) Violation by any person11-39
licensed pursuant to the provisions of this chapter of any provision of this11-40
chapter or the regulations adopted by the board.11-41
(b) Conviction of a felony.11-42
(c) Malpractice or incompetency.12-1
(d) Continued practice by a person knowingly having an infectious or12-2
contagious disease.12-3
(e) Advertising, practicing or attempting to practice under another’s12-4
name or trade name.12-5
(f) Drunkenness or addiction to a controlled substance.12-6
2. If the board determines that a violation of this section has occurred, it12-7
may:12-8
(a) Refuse to issue or renew a12-9
(b) Revoke or suspend a12-10
(c) Impose a fine of not more than $1,000;12-11
(d) Require the person to pay all costs incurred by the board relating to12-12
the discipline of the person.12-13
Sec. 33. NRS 643.188 is hereby amended to read as follows: 643.188 1. If the board receives a copy of a court order issued12-15
pursuant to NRS 425.540 that provides for the suspension of all12-16
professional, occupational and recreational licenses, certificates and permits12-17
issued to a person who is12-18
as a barber12-19
board shall deem the12-20
person to be suspended at the end of the 30th day after the date on which the12-21
court order was issued unless the board receives a letter issued to the holder12-22
of the12-23
public agency pursuant to NRS 425.550 stating that the holder of the12-24
12-25
warrant or has satisfied the arrearage pursuant to NRS 425.560.12-26
2. The board shall reinstate a12-27
12-28
pursuant to NRS 425.540 if the board receives a letter issued by the district12-29
attorney or other public agency pursuant to NRS 425.550 to the person12-30
whose12-31
person whose12-32
complied with the subpoena or warrant or has satisfied the arrearage12-33
pursuant to NRS 425.560.12-34
Sec. 34. NRS 643.190 is hereby amended to read as follows: 643.190 It shall be unlawful:12-36
1. For any person in this state to engage in the practice or attempt to12-37
practice barbering without a12-38
12-39
chapter.12-40
2. For any owner or manager of any barbershop to employ a barber who12-41
does not have a12-42
issued by the board or whose12-43
requirements of the board.13-1
3. For any person to engage in the practice of barbering without a13-2
13-3
pursuant to the provisions of this chapter by the board.13-4
4. For any person to serve as an apprentice under a13-5
barber without a13-6
apprentice issued by the board.13-7
5. For any person13-8
13-9
supervision and management of a13-10
6. For any person13-11
to engage in the practice of barbering unless13-12
13-13
13-14
barber or an apprentice issued under the provisions of this chapter.13-15
7. For any person to place a barber pole in a location that would13-16
create or tend to create the impression to members of the general public13-17
that a business located near the barber pole is a barbershop unless the13-18
business employs licensed barbers. As used in this subsection, "barber13-19
pole" means a red and white striped vertical cylinder with a ball located13-20
on top of the cylinder.13-21
Sec. 35. NRS 643.200 is hereby amended to read as follows: 643.200 1. It shall be unlawful for any licensed barber or apprentice:13-23
(a) Knowingly to continue the practice of barbering, or for any student13-24
knowingly to continue as a student in any13-25
13-26
communicable disease.13-27
(b) To use upon one patron a towel that has been used upon another13-28
patron unless13-29
(c) Not to provide the headrest on each chair with a relaundered towel or13-30
a sheet of clean paper for each patron.13-31
(d) Not to place around the patron’s neck a strip of cotton, towel or13-32
neckband so that the hair cloth does not come in contact with the neck or13-33
skin of the patron’s body.13-34
(e) To use in the practice of barbering any styptic pencils, finger bowls,13-35
sponges, lump alum or powder puffs. Possession of a styptic pencil, finger13-36
bowl, sponge, lump alum or powder puff in a barbershop is prima facie13-37
evidence that the13-38
barbering.13-39
(f) To use on any patron any razors, scissors, tweezers, combs, rubber13-40
discs or parts of vibrators used on another patron, unless13-41
items are kept in a closed compartment and immersed in boiling water or in13-42
a solution of 2 percent carbolic acid, or its equivalent, before each13-43
use.14-1
2. It shall be unlawful to own, manage, control or operate any14-2
barbershop unless:14-3
(a) Continuously hot and cold running water14-4
14-5
(b) A recognized sign is displayed at the main entrance to the shop14-6
indicating that it is a barbershop.14-7
14-8
14-9
14-10
Sec. 36. NRS 643.205 is hereby amended to read as follows: 643.205 It is unlawful for any person to instruct the practice of14-12
barbering in a barber school unless he is14-13
do so.14-14
Sec. 37. The amendatory provisions of this act do not apply to offenses14-15
that are committed before October 1, 1999.14-16
Sec. 38. 1. This section and sections 1 to 29, inclusive, and sections14-17
31 to 37, inclusive, of this act become effective on October 1, 1999.14-18
2. Section 30 of this act becomes effective on the date on which the14-19
provisions of 42 U.S.C. § 666 requiring each state to establish procedures14-20
under which the state has authority to withhold or suspend, or to restrict the14-21
use of professional, occupational and recreational licenses of persons who:14-22
(a) Have failed to comply with a subpoena or warrant relating to a14-23
procedure to determine the paternity of a child or to establish or enforce an14-24
obligation for the support of a child; or14-25
(b) Are in arrears in the payment for the support of one or more children,14-26
are repealed by the Congress of the United States.~