Senate Bill No. 372–Senator Schneider

 

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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:

 

    Section 1. Chapter 644 of NRS is hereby amended by adding

thereto a new section to read as follows:

    The Board shall not include on any license or certificate for

public display the residential address of the holder or any other

personal information relating to the holder, except the name of the

holder and the number of the license or certificate.

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

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

instructor to a person who:

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

equivalent and submits written verification of the completion of his

education;

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

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

verification of his experience;

    (c) Is licensed pursuant to this chapter;

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

Board;

    (e) Submits two current photographs of himself; and

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

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

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

instructor.

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

may act as an instructor for compensation while accumulating the

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

    4.  A provisional license as an instructor expires upon

accumulation by the licensee of the number of hours of training

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

extension of not more than 45 days to those provisional licensees

who have applied to the Board for examination as instructors and

are awaiting examination.

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

    644.195  1.  Each instructor must:

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

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

equivalent.

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

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

500 hours of training as a provisional instructor in a school of

cosmetology.

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

one or more courses in advanced techniques for teaching or training,

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

hours during each 2-year period.

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

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

months before the renewal date of the license. An instructor who

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

the renewal date of the license must take one or more courses

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

hours during each 2-year period.

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

less than $40 and not more than $60.

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

    644.1955  1.  The Board shall admit to examination for a

license as an instructor of aestheticians any person who has applied

to the Board in proper form, paid the fee and:

    (a) Is at least 18 years of age;

    (b) Is of good moral character;

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

equivalent;

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

instructor or 400 hours of training as a provisional instructor in a

licensed school of cosmetology;

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

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

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

instructor of aestheticians shall complete at least 30 hours of

advanced training in a course approved by the Board during each

2-year period of his license.

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

of aestheticians who is initially licensed not more than 6 months

before the renewal date of the license. An instructor of

aestheticians who is initially licensed more than 6 months but less

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

more courses specified in subsection 2 whose combined duration

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

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

    644.197  1.  The Board shall admit to examination for a

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

the Board in proper form, paid the fee and:

    (a) Is at least 18 years of age;

    (b) Is of good moral character;

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

equivalent;

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

instructor or 250 hours of training as a provisional instructor in a

licensed school of cosmetology;

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

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

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

instructor in manicuring shall complete at least 30 hours of

advanced training in a course approved by the Board during each

2-year period of his license.

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

in manicuring who is initially licensed not more than 6 months

before the renewal date of the license. An instructor in

manicuring who is initially licensed more than 6 months but less

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

more courses specified in subsection 2 whose combined duration

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

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

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

operate a cosmetological establishment shall display the license in

plain view of members of the general public in the principal office

or place of business of the holder.

    2.  [The] Except as otherwise provided in this section, the

operator of a cosmetological establishment shall lease space to or

employ only licensed manicurists, electrologists, aestheticians, hair

designers, demonstrators of cosmetics and cosmetologists at his

establishment to provide cosmetological services. This subsection

does not prohibit an operator of a cosmetological establishment

from leasing space to or employing a barber. Such a barber

remains under the jurisdiction of the State Barbers’ Health and

Sanitation Board.

    3.  The operator of a cosmetological establishment may lease

space at his cosmetological establishment to a provider of health

care for the purpose of providing health care within the scope of

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

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

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

provider of health care who leases space at a cosmetological

establishment pursuant to this subsection remains subject to the

laws and regulations of this state applicable to his business or

profession.

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

person who is licensed, certified or otherwise authorized by the

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

business or practice of a profession.

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

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

immediate consumption may be sold in a cosmetological

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

establishment which is sufficiently separated from the area of the

cosmetological establishment where cosmetological services are

provided.]

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

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

under the immediate supervision of a licensed instructor who has

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

majority of the branches of cosmetology in an established place of

business.

    2.  A school of cosmetology shall:

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

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

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

technical instruction equal to the requirements for examination for a

license as a cosmetologist.

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

subjects of its curriculum.

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

record devoted to the different practices, establish grades and hold

examinations before issuing diplomas. These records must be

submitted to the Board pursuant to its regulations.

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

of instruction in courtesy, neatness and professional attitude in

meeting the public.

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

cosmetology as the Board may from time to time adopt as the course

to be followed by the schools.

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

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

every 7.]

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

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

which must be attended by all registered students.

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

rotation.

    3.  The Board may, upon request, authorize a school of

cosmetology to offer, in addition to courses which are included in

any curriculum required for licensure as a cosmetologist, any

other course.

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

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

is unlawful for the operator of a cosmetological establishment to

practice or allow the practice of any profession other than

cosmetology in that establishment.

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

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

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

become effective upon passage and approval.

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

July 1, 2003.

 

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