Senate Bill No. 372–Senator Schneider

 

March 17, 2003

____________

 

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.

 

AN ACT relating to cosmetology; prohibiting the State Board of Cosmetology from including certain personal information on a license or certificate which is required to be displayed publicly; reducing the period during which a person must practice as a full-time licensed cosmetologist, aesthetician or manicurist to qualify for the issuance of a provisional license as an instructor; revising the requirements for training for certain instructors; authorizing certain providers of health care to practice in a cosmetological establishment under certain circumstances; authorizing the sale of food or beverages in a cosmetological establishment; authorizing a school of cosmetology to offer certain courses of study;  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

1-2  thereto a new section to read as follows:

1-3  The Board shall not include on any license or certificate for

1-4  public display the residential address of the holder or any other

1-5  personal information relating to the holder, except the name of the

1-6  holder and the number of the license or certificate.

 

 

2-1  Sec. 2.  NRS 644.193 is hereby amended to read as follows:

2-2  644.193  1.  The Board may grant a provisional license as an

2-3  instructor to a person who:

2-4  (a) Has successfully completed the 12th grade in school or its

2-5  equivalent and submits written verification of the completion of his

2-6  education;

2-7  (b) Has practiced as a full-time licensed cosmetologist,

2-8  aesthetician or manicurist for [3 years] 1 year and submits written

2-9  verification of his experience;

2-10      (c) Is licensed pursuant to this chapter;

2-11      (d) Applies for a provisional license on a form supplied by the

2-12  Board;

2-13      (e) Submits two current photographs of himself; and

2-14      (f) Has paid the fee established pursuant to subsection 2.

2-15      2.  The Board shall establish and collect a fee of not less than

2-16  $25 nor more than $40 for the issuance of a provisional license as an

2-17  instructor.

2-18      3.  A person issued a provisional license pursuant to this section

2-19  may act as an instructor for compensation while accumulating the

2-20  number of hours of training required for an instructor’s license.

2-21      4.  A provisional license as an instructor expires upon

2-22  accumulation by the licensee of the number of hours of training

2-23  required for an instructor’s license. The Board may grant an

2-24  extension of not more than 45 days to those provisional licensees

2-25  who have applied to the Board for examination as instructors and

2-26  are awaiting examination.

2-27      Sec. 3.  NRS 644.195 is hereby amended to read as follows:

2-28      644.195  1.  Each instructor must:

2-29      (a) Be licensed as a cosmetologist pursuant to this chapter.

2-30      (b) Have successfully completed the 12th grade in school or its

2-31  equivalent.

2-32      (c) Have 1 year of experience as a cosmetologist.

2-33      (d) Have completed 1,000 hours of training as an instructor or

2-34  500 hours of training as a provisional instructor in a school of

2-35  cosmetology.

2-36      (e) [Take] Except as otherwise provided in subsection 2, take

2-37  one or more courses in advanced techniques for teaching or training,

2-38  approved by the Board, whose combined duration is at least 30

2-39  hours during each 2‑year period.

2-40      2.  The provisions of paragraph (e) of subsection 1 do not

2-41  apply to an instructor who is initially licensed not more than 6

2-42  months before the renewal date of the license. An instructor who

2-43  is initially licensed more than 6 months but less than 1 year before

2-44  the renewal date of the license must take one or more courses

3-1  specified in paragraph (e) whose combined duration is at least 15

3-2  hours during each 2-year period.

3-3  3.  Each instructor shall pay an initial fee for a license of not

3-4  less than $40 and not more than $60.

3-5  Sec. 4.  NRS 644.1955 is hereby amended to read as follows:

3-6  644.1955  1.  The Board shall admit to examination for a

3-7  license as an instructor of aestheticians any person who has applied

3-8  to the Board in proper form, paid the fee and:

3-9  (a) Is at least 18 years of age;

3-10      (b) Is of good moral character;

3-11      (c) Has successfully completed the 12th grade in school or its

3-12  equivalent;

3-13      (d) Has received a minimum of 800 hours of training as an

3-14  instructor or 400 hours of training as a provisional instructor in a

3-15  licensed school of cosmetology;

3-16      (e) Is licensed as an aesthetician pursuant to this chapter; and

3-17      (f) Has practiced as a full-time licensed aesthetician for 1 year.

3-18      2.  [An] Except as otherwise provided in subsection 3, an

3-19  instructor of aestheticians shall complete at least 30 hours of

3-20  advanced training in a course approved by the Board during each

3-21  2-year period of his license.

3-22      3.  The provisions of subsection 2 do not apply to an instructor

3-23  of aestheticians who is initially licensed not more than 6 months

3-24  before the renewal date of the license. An instructor of

3-25  aestheticians who is initially licensed more than 6 months but less

3-26  than 1 year before the renewal date of the license must take one or

3-27  more courses specified in subsection 2 whose combined duration

3-28  is at least 15 hours during each 2-year period.

3-29      Sec. 5.  NRS 644.197 is hereby amended to read as follows:

3-30      644.197  1.  The Board shall admit to examination for a

3-31  license as an instructor in manicuring any person who has applied to

3-32  the Board in proper form, paid the fee and:

3-33      (a) Is at least 18 years of age;

3-34      (b) Is of good moral character;

3-35      (c) Has successfully completed the 12th grade in school or its

3-36  equivalent;

3-37      (d) Has received a minimum of 500 hours of training as an

3-38  instructor or 250 hours of training as a provisional instructor in a

3-39  licensed school of cosmetology;

3-40      (e) Is licensed as a manicurist pursuant to this chapter; and

3-41      (f) Has practiced as a full-time licensed manicurist for 1 year.

3-42      2.  [An] Except as otherwise provided in subsection 3, an

3-43  instructor in manicuring shall complete at least 30 hours of

3-44  advanced training in a course approved by the Board during each

3-45  2-year period of his license.

4-1  3.  The provisions of subsection 2 do not apply to an instructor

4-2  in manicuring who is initially licensed not more than 6 months

4-3  before the renewal date of the license. An instructor in

4-4  manicuring who is initially licensed more than 6 months but less

4-5  than 1 year before the renewal date of the license must take one or

4-6  more courses specified in subsection 2 whose combined duration

4-7  is at least 15 hours during each 2-year period.

4-8  Sec. 6.  NRS 644.360 is hereby amended to read as follows:

4-9  644.360  1.  Every holder of a license issued by the Board to

4-10  operate a cosmetological establishment shall display the license in

4-11  plain view of members of the general public in the principal office

4-12  or place of business of the holder.

4-13      2.  [The] Except as otherwise provided in subsection 3, the

4-14  operator of a cosmetological establishment shall lease space to or

4-15  employ only licensed manicurists, electrologists, aestheticians, hair

4-16  designers, demonstrators of cosmetics and cosmetologists at his

4-17  establishment to provide cosmetological services. This subsection

4-18  does not prohibit an operator of a cosmetological establishment

4-19  from leasing space to or employing a barber.

4-20      3.  The operator of a cosmetological establishment may lease

4-21  space at his cosmetological establishment to a provider of health

4-22  care for the purpose of providing health care within the scope of

4-23  his practice. The provider of health care shall not use the leased

4-24  space to provide such health care at the same time a cosmetologist

4-25  uses that space to engage in the practice of cosmetology. A

4-26  provider of health care who leases space at a cosmetological

4-27  establishment pursuant to this subsection remains subject to the

4-28  laws and regulations of this state applicable to his business or

4-29  profession.

4-30      4.  As used in this section, “provider of health care” means a

4-31  person who is licensed, certified or otherwise authorized by the

4-32  law of this state to administer health care in the ordinary course of

4-33  business or practice of a profession.

4-34      Sec. 7.  NRS 644.375 is hereby amended to read as follows:

4-35      644.375  [Any food] Food or beverages [that are sold] for

4-36  immediate consumption may be sold in a cosmetological

4-37  establishment . [must be sold in an area of the cosmetological

4-38  establishment which is sufficiently separated from the area of the

4-39  cosmetological establishment where cosmetological services are

4-40  provided.]

4-41      Sec. 8.  NRS 644.400 is hereby amended to read as follows:

4-42      644.400  1.  A school of cosmetology must at all times be

4-43  under the immediate supervision of a licensed instructor who has

4-44  had practical experience of at least 1 year in the practice of a

5-1  majority of the branches of cosmetology in an established place of

5-2  business.

5-3  2.  A school of cosmetology shall:

5-4  (a) Maintain a school term of not less than 1,800 hours

5-5  extending over a period of not [less than 10 months nor] more than

5-6  [24] 36 months, and maintain a course of practical training and

5-7  technical instruction equal to the requirements for examination for a

5-8  license as a cosmetologist.

5-9  (b) Maintain apparatus and equipment sufficient to teach all the

5-10  subjects of its curriculum.

5-11      (c) Keep a daily record of the attendance of each student, a

5-12  record devoted to the different practices, establish grades and hold

5-13  examinations before issuing diplomas. These records must be

5-14  submitted to the Board pursuant to its regulations.

5-15      (d) Include in its curriculum a course of deportment consisting

5-16  of instruction in courtesy, neatness and professional attitude in

5-17  meeting the public.

5-18      (e) Arrange the courses devoted to each branch or practice of

5-19  cosmetology as the Board may from time to time adopt as the course

5-20  to be followed by the schools.

5-21      (f) Not allow any student to perform services on the public for

5-22  more than 7 hours in any day . [nor for more than 5 days out of

5-23  every 7.]

5-24      (g) Conduct at least 5 hours of instruction in theory in each 40-

5-25  hour week or 6 hours of instruction in theory in each 48-hour week,

5-26  which must be attended by all registered students.

5-27      (h) Require that all work by students be done on the basis of

5-28  rotation.

5-29      3.  A school of cosmetology may offer courses of study other

5-30  than courses of study that are required to be approved by the

5-31  Board.

5-32      Sec. 9.  NRS 644.477 is hereby amended to read as follows:

5-33      644.477  [It] Except as otherwise provided in NRS 644.360, it

5-34  is unlawful for the operator of a cosmetological establishment to

5-35  practice or allow the practice of any profession other than

5-36  cosmetology in that establishment.

5-37      Sec. 10.  The provisions of section 1 of this act apply only to a

5-38  license or certificate issued or renewed on or after June 1, 2003.

5-39      Sec. 11.  1.  This section and sections 1 and 10 of this act

5-40  become effective upon passage and approval.

5-41      2.  Sections 2 to 9, inclusive, of this act become effective on

5-42  July 1, 2003.

 

5-43  H