(REPRINTED WITH ADOPTED AMENDMENTS)
FIRST REPRINTA.B. 551
Assembly Bill No. 551–Committee on Commerce and Labor
(On Behalf of Assemblywoman Chris Giunchigliani)
March 26, 2001
____________
Referred to Committee on Commerce and Labor
SUMMARY—Revises provisions relating to practice of cosmetology. (BDR 54‑1133)
FISCAL NOTE: Effect on Local Government: 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; requiring the licensing of a demonstrator of cosmetics; authorizing the sale of food or beverages in a cosmetological establishment under certain circumstances; 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 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. “Demonstrator of cosmetics” means a person who, without
1-4 charge and without advertising his services, demonstrates the application
1-5 of cosmetics in a cosmetological establishment for the sole purpose of
1-6 selling cosmetics.
1-7 Sec. 3. The board shall admit to examination for a license as a
1-8 demonstrator of cosmetics any person who has made application to the
1-9 board in proper form, paid the fee and:
1-10 1. Is at least 18 years of age;
1-11 2. Is of good moral character;
1-12 3. Has completed a course provided by the board relating to
1-13 sanitation; and
1-14 4. Has received a score of not less than 75 percent on the
1-15 examination administered by the board.
1-16 Sec. 4. The examination for a license as a demonstrator of
1-17 cosmetics:
1-18 1. Must include a written or oral test relating to sanitation; and
1-19 2. May include such other demonstrations and tests as the board may
1-20 require.
2-1 Sec. 5. Any food or beverages that are sold for immediate
2-2 consumption in a cosmetological establishment must be sold in an area
2-3 of the cosmetological establishment which is sufficiently separated from
2-4 the area of the cosmetological establishment where cosmetological
2-5 services are provided.
2-6 Sec. 6. NRS 644.020 is hereby amended to read as follows:
2-7 644.020 As used in this chapter, unless the context otherwise requires,
2-8 the words and terms defined in NRS 644.0205 to 644.029, inclusive, and
2-9 section 2 of this act have the meanings ascribed to them in those sections.
2-10 Sec. 7. NRS 644.0205 is hereby amended to read as follows:
2-11 644.0205 “Aesthetician” means any person who engages in the
2-12 practices of:
2-13 1. Beautifying, massaging, cleansing or stimulating the skin of the
2-14 human body, except the scalp, by the use of cosmetic preparations,
2-15 antiseptics, tonics, lotions or creams , or any device, electrical or otherwise,
2-16 for the care of the skin;
2-17 2. Applying [make-up] cosmetics or eyelashes to any person, tinting
2-18 eyelashes and eyebrows , and lightening hair on the body except the scalp;
2-19 and
2-20 3. Removing superfluous hair from the body of any person by the use
2-21 of depilatories, waxing or tweezers,
2-22 but does not include the branches of cosmetology of a cosmetologist, hair
2-23 designer, electrologist or manicurist.
2-24 Sec. 8. NRS 644.023 is hereby amended to read as follows:
2-25 644.023 “Cosmetologist” means a person who engages in the practices
2-26 of:
2-27 1. Cleansing, stimulating or massaging the scalp or cleansing or
2-28 beautifying the hair by the use of cosmetic preparations, antiseptics, tonics,
2-29 lotions or creams.
2-30 2. Cutting, trimming or shaping the hair.
2-31 3. Arranging, dressing, curling, waving, cleansing, singeing,
2-32 bleaching, tinting, coloring or straightening the hair of any person with the
2-33 hands, mechanical or electrical apparatus or appliances, or by other means,
2-34 or similar work incident to or necessary for the proper carrying on of the
2-35 practice or occupation provided by the terms of this chapter.
2-36 4. Removing superfluous hair from the surface of the body of any
2-37 person by the use of electrolysis [to remove the hair from the surface of the
2-38 body] where the growth is a blemish, or by the use of depilatories, waxing
2-39 or tweezers, except for the permanent removal of hair with needles.
2-40 5. Manicuring the nails of any person.
2-41 6. Beautifying, massaging, stimulating or cleansing the skin of the
2-42 human body by the use of cosmetic preparations, antiseptics, tonics,
2-43 lotions, creams or any device, electrical or otherwise, for the care of the
2-44 skin.
2-45 7. Giving facials or skin care or applying [make-up] cosmetics or
2-46 eyelashes to any person.
3-1 Sec. 9. NRS 644.024 is hereby amended to read as follows:
3-2 644.024 “Cosmetology” includes the occupations of a cosmetologist,
3-3 aesthetician, electrologist, hair designer , demonstrator of cosmetics and
3-4 manicurist.
3-5 Sec. 10. NRS 644.130 is hereby amended to read as follows:
3-6 644.130 1. The board shall keep a record containing the name,
3-7 known place of business , and the date and number of the license of every
3-8 manicurist, electrologist, aesthetician, hair designer , demonstrator of
3-9 cosmetics and cosmetologist, together with the names and addresses of all
3-10 cosmetological establishments and schools of cosmetology licensed
3-11 pursuant to this chapter. The record must also contain the facts which the
3-12 applicants claimed in their applications to justify their licensure.
3-13 2. The board may disclose the information contained in the record kept
3-14 pursuant to subsection 1 to:
3-15 (a) Any other licensing board or agency that is investigating a licensee.
3-16 (b) A member of the general public, except information concerning the
3-17 address and telephone number of a licensee.
3-18 Sec. 11. NRS 644.212 is hereby amended to read as follows:
3-19 644.212 An application for the issuance of a license or evidence of
3-20 registration issued pursuant to NRS 644.190 to 644.330, inclusive, and
3-21 sections 3 and 4 of this act must include the social security number of the
3-22 applicant.
3-23 Sec. 12. NRS 644.214 is hereby amended to read as follows:
3-24 644.214 1. An applicant for the issuance or renewal of a license or
3-25 evidence of registration issued pursuant to NRS 644.190 to 644.330,
3-26 inclusive, and sections 3 and 4 of this act shall submit to the board the
3-27 statement prescribed by the welfare division of the department of human
3-28 resources pursuant to NRS 425.520. The statement must be completed and
3-29 signed by the applicant.
3-30 2. The board shall include the statement required pursuant to
3-31 subsection 1 in:
3-32 (a) The application or any other forms that must be submitted for the
3-33 issuance or renewal of the license or evidence of registration; or
3-34 (b) A separate form prescribed by the board.
3-35 3. A license or evidence of registration may not be issued or renewed
3-36 by the board pursuant to NRS 644.190 to 644.330, inclusive, and sections
3-37 3 and 4 of this act if the applicant:
3-38 (a) Fails to submit the statement required pursuant to subsection 1; or
3-39 (b) Indicates on the statement submitted pursuant to subsection 1 that he
3-40 is subject to a court order for the support of a child and is not in
3-41 compliance with the order or a plan approved by the district attorney or
3-42 other public agency enforcing the order for the repayment of the amount
3-43 owed pursuant to the order.
3-44 4. If an applicant indicates on the statement submitted pursuant to
3-45 subsection 1 that he is subject to a court order for the support of a child and
3-46 is not in compliance with the order or a plan approved by the district
3-47 attorney or other public agency enforcing the order for the repayment of
3-48 the amount owed pursuant to the order, the board shall advise the applicant
4-1 to contact the district attorney or other public agency enforcing the order to
4-2 determine the actions that the applicant may take to satisfy the arrearage.
4-3 Sec. 13. NRS 644.220 is hereby amended to read as follows:
4-4 644.220 1. In addition to the fee for an application, the fees for
4-5 examination are:
4-6 (a) For examination as a cosmetologist, not less than $40 and not more
4-7 than $75.
4-8 (b) For examination as an electrologist, not less than $40 and not more
4-9 than $75.
4-10 (c) For examination as a hair designer, not less than $40 and not more
4-11 than $75.
4-12 (d) For examination as a manicurist, not less than $40 and not more than
4-13 $75.
4-14 (e) For examination as an aesthetician, not less than $40 and not more
4-15 than $75.
4-16 (f) For examination as an instructor of aestheticians or in cosmetology
4-17 or manicuring, $40.
4-18 The fee for each reexamination is not less than $40 and not more than $75.
4-19 2. In addition to the fee for an application, the fee for examination
4-20 or reexamination as a demonstrator of cosmetics is $40.
4-21 3. Each applicant referred to in [subsection] subsections 1 and 2 shall,
4-22 in addition to the fees specified therein, pay the reasonable value of all
4-23 supplies necessary to be used in the examination.
4-24 Sec. 14. NRS 644.240 is hereby amended to read as follows:
4-25 644.240 Examinations for licensure as a cosmetologist may include:
4-26 1. Practical demonstrations in shampooing the hair, hairdressing,
4-27 styling of hair, finger waving, coloring of hair, manicuring, [make-up,]
4-28 cosmetics, thermal curling, marcelling, facial massage, massage of the
4-29 scalp with the hands, and cutting, trimming or shaping hair;
4-30 2. Written or oral tests on:
4-31 (a) Antisepsis, sterilization and sanitation;
4-32 (b) The use of mechanical apparatus and electricity as applicable to the
4-33 practice of a cosmetologist; and
4-34 (c) The laws of Nevada and the regulations of the board relating to the
4-35 practice of cosmetology; and
4-36 3. Such other demonstrations and tests as the board may require.
4-37 Sec. 15. NRS 644.247 is hereby amended to read as follows:
4-38 644.247 The examinations for an aesthetician may include:
4-39 1. Practical demonstrations in facial massage, [make-up] cosmetics or
4-40 arching the eyebrow;
4-41 2. Written and oral tests on:
4-42 (a) Antisepsis, sterilization and sanitation;
4-43 (b) The use of mechanical apparatus and electricity in the care of skin;
4-44 and
4-45 (c) The laws of Nevada and the regulations of the board relating to
4-46 cosmetology; and
4-47 3. Such other demonstrations and tests as the board requires.
5-1 Sec. 16. NRS 644.260 is hereby amended to read as follows:
5-2 644.260 The board shall issue a license as a cosmetologist,
5-3 aesthetician, electrologist, hair designer, manicurist , demonstrator of
5-4 cosmetics or instructor to each applicant who:
5-5 1. Passes a satisfactory examination, conducted by the board to
5-6 determine his fitness to practice that occupation of cosmetology; and
5-7 2. Complies with such other requirements as are prescribed in this
5-8 chapter for the issuance of the license.
5-9 Sec. 17. NRS 644.300 is hereby amended to read as follows:
5-10 644.300 Every licensed manicurist, electrologist, aesthetician, hair
5-11 designer , demonstrator of cosmetics or cosmetologist shall, within 30
5-12 days after changing his place of business, as designated in the records of
5-13 the board, notify the secretary of the board of his new place of business.
5-14 Upon receipt of the notification, the secretary shall make the necessary
5-15 change in the records.
5-16 Sec. 18. NRS 644.320 is hereby amended to read as follows:
5-17 644.320 1. The license of every cosmetologist, aesthetician,
5-18 electrologist, hair designer, manicurist, provisional instructor ,
5-19 demonstrator of cosmetics and instructor expires on July 1 of the next
5-20 succeeding odd-numbered year.
5-21 2. The board shall adopt regulations governing the proration of the fee
5-22 required for initial licenses issued for less than 1 1/2 years.
5-23 Sec. 19. NRS 644.325 is hereby amended to read as follows:
5-24 644.325 1. An application for renewal of any license issued pursuant
5-25 to this chapter must be:
5-26 (a) Made on a form prescribed and furnished by the board at any time
5-27 during the month of June of the year in which the license expires;
5-28 (b) Accompanied by the statement required pursuant to NRS 644.214;
5-29 and
5-30 (c) Accompanied by the fee for renewal.
5-31 2. The fees for renewal are:
5-32 (a) For manicurists, electrologists, aestheticians, hair designers ,
5-33 demonstrators of cosmetics and cosmetologists, not less than $30 and not
5-34 more than $50.
5-35 (b) For instructors, not less than $40 and not more than $60.
5-36 (c) For cosmetological establishments, not less than $60 and not more
5-37 than $100.
5-38 (d) For schools of cosmetology, not less than $450 and not more than
5-39 $500.
5-40 3. For each month or fraction thereof after July 1 in which a license is
5-41 not renewed, there must be assessed and collected at the time of renewal a
5-42 penalty of $25 for a school of cosmetology and $10 for a cosmetological
5-43 establishment and all persons licensed pursuant to this chapter.
5-44 4. An application for the renewal of a license as a cosmetologist, hair
5-45 designer, aesthetician, electrologist, manicurist , demonstrator of
5-46 cosmetics or instructor must be accompanied by two current photographs
5-47 of the applicant which are 1 1/2 by 1 1/2 inches. The name and address of
5-48 the applicant must be written on the back of each photograph.
6-1 Sec. 20. NRS 644.330 is hereby amended to read as follows:
6-2 644.330 1. A manicurist, electrologist, aesthetician, hair designer,
6-3 cosmetologist , demonstrator of cosmetics or instructor whose license has
6-4 expired may have his license renewed only upon submission of the
6-5 statement required pursuant to NRS 644.214 and payment of all required
6-6 fees.
6-7 2. Any manicurist, electrologist, aesthetician, hair designer,
6-8 cosmetologist , demonstrator of cosmetics or instructor who retires from
6-9 practice for more than 1 year may have his license restored only upon
6-10 submission of the statement required pursuant to NRS 644.214 and
6-11 payment of all required fees.
6-12 3. No manicurist, electrologist, aesthetician, hair designer,
6-13 cosmetologist , demonstrator of cosmetics or instructor who has retired
6-14 from practice for more than 4 years may have his license restored without
6-15 examination and must comply with any additional requirements established
6-16 in regulations adopted by the board.
6-17 Sec. 21. NRS 644.360 is hereby amended to read as follows:
6-18 644.360 1. Every holder of a license issued by the board to operate a
6-19 cosmetological establishment shall display the license in plain view of
6-20 members of the general public in the principal office or place of business
6-21 of the holder.
6-22 2. The operator of a cosmetological establishment shall lease space to
6-23 or employ only licensed manicurists, electrologists, aestheticians, hair
6-24 designers , demonstrators of cosmetics and cosmetologists at his
6-25 establishment to provide cosmetological services.
6-26 Sec. 22. NRS 644.430 is hereby amended to read as follows:
6-27 644.430 1. The following are grounds for disciplinary action by the
6-28 board:
6-29 (a) Failure of an owner of a cosmetological establishment, a licensed
6-30 aesthetician, cosmetologist, hair designer, electrologist, instructor,
6-31 manicurist , demonstrator of cosmetics or school of cosmetology, or a
6-32 cosmetologist’s apprentice to comply with the requirements of this chapter
6-33 or the applicable regulations adopted by the board.
6-34 (b) Obtaining practice in cosmetology or any branch thereof, for money
6-35 or any thing of value, by fraudulent misrepresentation.
6-36 (c) Gross malpractice.
6-37 (d) Continued practice by a person knowingly having an infectious or
6-38 contagious disease.
6-39 (e) Drunkenness or the use or possession, or both, of a controlled
6-40 substance or dangerous drug without a prescription, while engaged in the
6-41 practice of cosmetology.
6-42 (f) Advertisement by means of knowingly false or deceptive statements.
6-43 (g) Permitting a license to be used where the holder thereof is not
6-44 personally, actively and continuously engaged in business.
6-45 (h) Failure to display the license as provided in NRS 644.290, 644.360
6-46 and 644.410.
6-47 (i) Entering, by a school of cosmetology, into an unconscionable
6-48 contract with a student of cosmetology.
7-1 (j) Continued practice of cosmetology or operation of a cosmetological
7-2 establishment or school of cosmetology after the license therefor has
7-3 expired.
7-4 (k) Any other unfair or unjust practice, method or dealing which, in the
7-5 judgment of the board, may justify such action.
7-6 2. If the board determines that a violation of this section has occurred,
7-7 it may:
7-8 (a) Refuse to issue or renew a license;
7-9 (b) Revoke or suspend a license;
7-10 (c) Place the licensee on probation for a specified period; or
7-11 (d) Impose a fine not to exceed $1,000.
7-12 Sec. 23. NRS 644.435 is hereby amended to read as follows:
7-13 644.435 1. If the board receives a copy of a court order issued
7-14 pursuant to NRS 425.540 that provides for the suspension of all
7-15 professional, occupational and recreational licenses, certificates and
7-16 permits issued to a person who has been issued a license or been registered
7-17 pursuant to NRS 644.190 to 644.330, inclusive, and sections 3 and 4 of
7-18 this act the board shall deem the license or registration issued to that
7-19 person to be suspended at the end of the 30th day after the date on which
7-20 the court order was issued unless the board receives a letter issued by the
7-21 district attorney or other public agency pursuant to NRS 425.550 to the
7-22 holder of the license or registration stating that the holder of the license or
7-23 registration has complied with the subpoena or warrant or has satisfied the
7-24 arrearage pursuant to NRS 425.560.
7-25 2. The board shall reinstate a license or registration issued pursuant to
7-26 NRS 644.190 to 644.330, inclusive, and sections 3 and 4 of this act that
7-27 has been suspended by a district court pursuant to NRS 425.540 if the
7-28 board receives a letter issued by the district attorney or other public agency
7-29 pursuant to NRS 425.550 to the person whose license or registration was
7-30 suspended stating that the person whose license or registration was
7-31 suspended has complied with the subpoena or warrant or has satisfied the
7-32 arrearage pursuant to NRS 425.560.
7-33 Sec. 24. NRS 644.460 is hereby amended to read as follows:
7-34 644.460 1. The following persons are exempt from the provisions of
7-35 this chapter:
7-36 (a) All persons authorized by the laws of this state to practice medicine,
7-37 dentistry, osteopathic medicine, chiropractic or podiatry.
7-38 (b) Commissioned medical officers of the United States Army, Navy, or
7-39 Marine Hospital Service when engaged in the actual performance of their
7-40 official duties, and attendants attached to those services.
7-41 (c) Barbers, insofar as their usual and ordinary vocation and profession
7-42 is concerned, when engaged in any of the following practices:
7-43 (1) Cleansing or singeing the hair of any person.
7-44 (2) Massaging, cleansing, stimulating, exercising or similar work
7-45 upon the scalp, face or neck of any person, with the hands or with
7-46 mechanical or electrical apparatus or appliances, or by the use of cosmetic
7-47 preparations, antiseptics, tonics, lotions or creams.
8-1 (d) Retailers, at a retail establishment, insofar as their usual and
8-2 ordinary vocation and profession is concerned, when engaged in the
8-3 demonstration of [make-up] cosmetics if:
8-4 (1) The demonstration is without charge to the person to whom the
8-5 demonstration is given; and
8-6 (2) The retailer does not advertise or provide a cosmetological service
8-7 except [make-up] cosmetics and fragrances.
8-8 (e) Photographers or their employees, insofar as their usual and ordinary
8-9 vocation and profession is concerned, if the photographer or his employee
8-10 does not advertise cosmetological services and provides cosmetics without
8-11 charge to the customer.
8-12 2. Any school of cosmetology conducted as part of the vocational
8-13 rehabilitation training program of the department of prisons or the Caliente
8-14 youth center:
8-15 (a) Is exempt from the requirements of paragraph (c) of subsection 2 of
8-16 NRS 644.400.
8-17 (b) Notwithstanding the provisions of NRS 644.395, shall maintain a
8-18 staff of at least one licensed instructor.
8-19 H