S.B. 372
Senate Bill No. 372–Senator Schneider
March 17, 2003
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Referred to Committee on Commerce and Labor
SUMMARY—Revises provisions relating to cosmetology. (BDR 54‑886)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State: 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; authorizing certain providers of health care to practice in a cosmetological establishment under certain circumstances; eliminating the authority of the State Board of Cosmetology to inspect cosmetological establishments; requiring a city, county or district board of health to inspect cosmetological establishments and report any violations to the State Board of Cosmetology; 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. NRS 644.090 is hereby amended to read as follows:
1-2 644.090 The Board shall:
1-3 1. Hold examinations to determine the qualifications of all
1-4 applicants for a license, except as otherwise provided in this chapter,
1-5 whose applications have been submitted to it in proper form.
1-6 2. Issue licenses to such applicants as may be entitled thereto.
1-7 3. License cosmetological establishments and schools of
1-8 cosmetology.
1-9 4. Report to the proper prosecuting officers all violations of
1-10 this chapter coming within its knowledge.
1-11 5. Inspect schools of cosmetology [and cosmetological
1-12 establishments] to ensure compliance with the statutory
1-13 requirements and adopted regulations of the Board. This authority
1-14 extends to any member of the Board or its authorized employees.
2-1 Sec. 2. NRS 644.360 is hereby amended to read as follows:
2-2 644.360 1. Every holder of a license issued by the Board to
2-3 operate a cosmetological establishment shall display the license in
2-4 plain view of members of the general public in the principal office
2-5 or place of business of the holder.
2-6 2. [The] Except as otherwise provided in subsection 3, the
2-7 operator of a cosmetological establishment shall lease space to or
2-8 employ only licensed manicurists, electrologists, aestheticians, hair
2-9 designers, demonstrators of cosmetics and cosmetologists at his
2-10 establishment to provide cosmetological services.
2-11 3. The operator of a cosmetological establishment may lease
2-12 space at his cosmetological establishment to a provider of health
2-13 care for the purpose of providing health care within the scope of
2-14 his practice. The provider of health care shall not use the leased
2-15 space to provide such health care at the same time a cosmetologist
2-16 uses that space to engage in the practice of cosmetology.
2-17 4. As used in this section, “provider of health care” means a
2-18 person who is licensed, certified or otherwise authorized by the
2-19 law of this state to administer health care in the ordinary course of
2-20 business or practice of a profession.
2-21 Sec. 3. NRS 644.477 is hereby amended to read as follows:
2-22 644.477 [It] Except as otherwise provided in NRS 644.360, it
2-23 is unlawful for the operator of a cosmetological establishment to
2-24 practice or allow the practice of any profession other than
2-25 cosmetology in that establishment.
2-26 Sec. 4. NRS 439.350 is hereby amended to read as follows:
2-27 439.350 The county board of health shall:
2-28 1. Oversee all sanitary conditions of the county in which the
2-29 board is created.
2-30 2. Inspect each cosmetological establishment located in the
2-31 county to ensure compliance with the provisions of chapter 644 of
2-32 NRS and the regulations adopted by the State Board of
2-33 Cosmetology and report any violation of those provisions to the
2-34 State Board of Cosmetology.
2-35 3. Adopt such regulations as may be necessary for the
2-36 prevention, suppression and control of any contagious or infectious
2-37 disease dangerous to the public health, which regulations take effect
2-38 immediately upon approval by the State Board of Health.
2-39 [3.] 4. File a copy of all of its adopted regulations with the
2-40 county clerk.
2-41 Sec. 5. NRS 439.460 is hereby amended to read as follows:
2-42 439.460 The city board of health shall:
2-43 1. Oversee all sanitary conditions of the city in which the board
2-44 is created.
3-1 2. Inspect each cosmetological establishment located in the
3-2 city to ensure compliance with the provisions of chapter 644 of
3-3 NRS and the regulations adopted by the State Board of
3-4 Cosmetology and report any violation of those provisions to the
3-5 State Board of Cosmetology.
3-6 3. Adopt such regulations as may be necessary for the
3-7 prevention, suppression and control of any contagious or infectious
3-8 disease dangerous to the public health, which regulations take effect
3-9 immediately upon approval by the State Board of Health.
3-10 [3.] 4. File a copy of all of its adopted regulations with the city
3-11 clerk.
3-12 Sec. 6. This act becomes effective on July 1, 2003.
3-13 H