Assembly Bill No. 258–Committee on
Commerce and Labor

 

March 6, 2003

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Revises provisions relating to cosmetology. (BDR 54‑912)

 

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; requiring a barber who engages in the practice of barbering in a cosmetological establishment to display his license in plain view of the public at the position where he performs his work; revising the definition of the term “cosmetologist” for the purpose of licensing the practice of cosmetology; revising the requirements for the issuance of a provisional license as an instructor; revising the requirements governing the hours of work of a student in a school 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. Chapter 644 of NRS is hereby amended by adding

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

1-3  1.  A barber who engages in the practice of barbering in a

1-4  cosmetological establishment shall display his license in plain view

1-5  of the public at the position where he performs his work.

1-6  2.  The provisions of chapter 643 of NRS, except the

1-7  provisions relating to the licensing of a barber, do not apply to a

1-8  cosmetological establishment in which a barber engages in the

1-9  practice of barbering pursuant to this section.

1-10      3.  As used in this section, “practice of barbering” has the

1-11  meaning ascribed to it in NRS 643.010.

2-1  Sec. 2.  NRS 644.023 is hereby amended to read as follows:

2-2  644.023  “Cosmetologist” means a person who engages in the

2-3  practices of:

2-4  1.  Cleansing, stimulating or massaging the scalp or cleansing

2-5  or beautifying the hair by the use of cosmetic preparations,

2-6  antiseptics, tonics, lotions or creams. The term does not include a

2-7  person whose tasks are solely limited to:

2-8  (a) Cleansing, stimulating or massaging the scalp of a

2-9  customer with shampoo, conditioner or lotion;

2-10      (b) Removing foils or rollers from the hair of a customer; and

2-11      (c) Rinsing the hair of a customer.

2-12      2.  Cutting, trimming or shaping the hair.

2-13      3.  Arranging, dressing, curling, waving, cleansing, singeing,

2-14  bleaching, tinting, coloring or straightening the hair of any person

2-15  with the hands, mechanical or electrical apparatus or appliances, or

2-16  by other means, or similar work incident to or necessary for the

2-17  proper carrying on of the practice or occupation provided by the

2-18  terms of this chapter.

2-19      4.  Removing superfluous hair from the surface of the body of

2-20  any person by the use of electrolysis where the growth is a blemish,

2-21  or by the use of depilatories, waxing or tweezers, except for the

2-22  permanent removal of hair with needles.

2-23      5.  Manicuring the nails of any person.

2-24      6.  Beautifying, massaging, stimulating or cleansing the skin of

2-25  the human body by the use of cosmetic preparations, antiseptics,

2-26  tonics, lotions, creams or any device, electrical or otherwise, for the

2-27  care of the skin.

2-28      7.  Giving facials or skin care or applying cosmetics or

2-29  eyelashes to any person.

2-30      Sec. 3.  NRS 644.193 is hereby amended to read as follows:

2-31      644.193  1.  The Board may grant a provisional license as an

2-32  instructor to a person who:

2-33      (a) Has successfully completed the 12th grade in school or its

2-34  equivalent and submits written verification of the completion of his

2-35  education;

2-36      (b) Has practiced as a full-time licensed cosmetologist,

2-37  aesthetician or manicurist for [3 years] 1 year and submits written

2-38  verification of his experience;

2-39      (c) Is licensed pursuant to this chapter;

2-40      (d) Applies for a provisional license on a form supplied by the

2-41  Board;

2-42      (e) Submits two current photographs of himself; and

2-43      (f) Has paid the fee established pursuant to subsection 2.

3-1  2.  The Board shall establish and collect a fee of not less than

3-2  $25 nor more than $40 for the issuance of a provisional license as an

3-3  instructor.

3-4  3.  A person issued a provisional license pursuant to this section

3-5  may act as an instructor for compensation while accumulating the

3-6  number of hours of training required for an instructor’s license.

3-7  4.  A provisional license as an instructor expires upon

3-8  accumulation by the licensee of the number of hours of training

3-9  required for an instructor’s license. The Board may grant an

3-10  extension of not more than 45 days to those provisional licensees

3-11  who have applied to the Board for examination as instructors and

3-12  are awaiting examination.

3-13      Sec. 4.  NRS 644.360 is hereby amended to read as follows:

3-14      644.360  1.  Every holder of a license issued by the Board to

3-15  operate a cosmetological establishment shall display the license in

3-16  plain view of members of the general public in the principal office

3-17  or place of business of the holder.

3-18      2.  The operator of a cosmetological establishment shall lease

3-19  space to or employ only licensed manicurists,electrologists,

3-20  aestheticians, hair designers, demonstrators of cosmetics and

3-21  cosmetologists at his establishmentto provide cosmetological

3-22  services. This subsection does not prohibit an operator of a

3-23  cosmetological establishment from leasing space to or employing a

3-24  barber.

3-25      Sec. 5.  NRS 644.375 is hereby amended to read as follows:

3-26      644.375  [Any food] Food or beverages [that are sold] for

3-27  immediate consumption may be sold in a cosmetological

3-28  establishment . [must be sold in an area of the cosmetological

3-29  establishment which is sufficiently separated from the area of the

3-30  cosmetological establishment where cosmetological services are

3-31  provided.]

3-32      Sec. 6.  NRS 644.400 is hereby amended to read as follows:

3-33      644.400  1.  A school of cosmetology must at all times be

3-34  under the immediate supervision of a licensed instructor who has

3-35  had practical experience of at least 1 year in the practice of a

3-36  majority of the branches of cosmetology in an established place of

3-37  business.

3-38      2.  A school of cosmetology shall:

3-39      (a) Maintain a school term of not less than 1,800 hours

3-40  extending over a period of not [less than 10 months nor] more than

3-41  [24] 36 months, and maintain a course of practical training and

3-42  technical instruction equal to the requirements for examination for a

3-43  license as a cosmetologist.

3-44      (b) Maintain apparatus and equipment sufficient to teach all the

3-45  subjects of its curriculum.

4-1  (c) Keep a daily record of the attendance of each student, a

4-2  record devoted to the different practices, establish grades and hold

4-3  examinations before issuing diplomas. These records must be

4-4  submitted to the Board pursuant to its regulations.

4-5  (d) Include in its curriculum a course of deportment consisting

4-6  of instruction in courtesy, neatness and professional attitude in

4-7  meeting the public.

4-8  (e) Arrange the courses devoted to each branch or practice of

4-9  cosmetology as the Board may from time to time adopt as the course

4-10  to be followed by the schools.

4-11      (f) Not allow any student to perform services on the public for

4-12  more than 7 hours in any day . [nor for more than 5 days out of

4-13  every 7.]

4-14      (g) Conduct at least 5 hours of instruction in theory in each

4-15  40-hour week or 6 hours of instruction in theory in each 48-hour

4-16  week, which must be attended by all registered students.

4-17      (h) Require that all work by students be done on the basis of

4-18  rotation.

4-19      Sec. 7.  NRS 644.425 and 644.477 are hereby repealed.

 

4-20  TEXT OF REPEALED SECTIONS

 

4-21      644.425  Temporary educational permit; unlawful acts.

4-22      1.  The Board may grant a temporary educational permit

4-23   authorizing a current licensee within the scope of his license to

4-24   conduct demonstrations and exhibitions, temporarily and primarily

4-25   for educational purposes, of techniques for the benefit and

4-26   instruction of cosmetologists, hair designers, aestheticians,

4-27   electrologists and manicurists licensed pursuant to this chapter, and

4-28   electrologists’ apprentices, cosmetologists’ apprentices and students

4-29   enrolled in licensed schools of cosmetology.

4-30      2.  The permit must specify the purpose for which it is granted,

4-31   the period during which the person is permitted to conduct the

4-32   demonstrations and exhibitions, which may not exceed 10 days, and

4-33   the time and place of exercising the privilege granted by the permit.

4-34      3.  A person may be granted a temporary educational permit

4-35   only if he:

4-36      (a) Applies to the Board for the permit;

4-37      (b) Demonstrates to the satisfaction of the Board that the permit

4-38   is sought primarily for educational purposes; and

4-39      (c) Pays a fee of not less than $10 and not more than $25.

5-1  Except for schools licensed pursuant to this chapter, an application

5-2  for a permit must be submitted at least 10 days before the date of the

5-3   demonstration or exhibit.

5-4  4.  It is unlawful:

5-5  (a) For any person to conduct a demonstration or exhibition

5-6   without a permit.

5-7  (b) For any person who is granted a permit to allow persons

5-8   other than cosmetologists, hair designers, aestheticians,

5-9   electrologists and manicurists licensed pursuant to this chapter, and

5-10   electrologists’ apprentices, cosmetologists’ apprentices and students

5-11   enrolled in licensed schools of cosmetology to attend any

5-12   demonstration or exhibition made or given by him.

5-13      644.477  Unlawful to practice any other profession in

5-14   cosmetological establishment. It is unlawful for the operator of a

5-15   cosmetological establishment to practice or allow the practice of

5-16   any profession other than cosmetology in that establishment.

 

5-17  H