requires two-thirds majority vote (§§ 8, 13, 14)                                                                                                    

                                                                                                  

 

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.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to cosmetology; requiring a shampoo assistant to be licensed by the State Board of Cosmetology; authorizing an operator of a cosmetological establishment to employ or lease space to persons other than cosmetologists; imposing a fee for the issuance or renewal of a license as a shampoo assistant; 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

1-2  thereto the provisions set forth as sections 2 to 5, inclusive, of this

1-3  act.

1-4  Sec. 2.  “Shampoo assistant” means a person who:

1-5  1.  Cleanses, stimulates or massages the scalp with shampoo,

1-6  conditioner or lotion; or

1-7  2.  Removes foils or rollers from and rinses the hair of a

1-8  customer.

1-9  Sec. 3.  The Board shall admit to examination for a license as

1-10  a shampoo assistant any person who has applied to the Board in

1-11  proper form and paid the fee and:

1-12      1.  Is at least 18 years of age;

1-13      2.  Is of good moral character;

2-1  3.  Has successfully completed the 10th grade in school or its

2-2  equivalent; and

2-3  4.  Has completed at least 300 hours of training in a school of

2-4  cosmetology licensed by the Board, including training relating to

2-5  the theory of the scalp and the shampooing and conditioning of

2-6  hair.

2-7  Sec. 4.  The examination for a license as a shampoo assistant

2-8  may include:

2-9  1.  Practical demonstrations of the conditioning and

2-10  shampooing of the scalp; and

2-11      2.  Written and oral tests on:

2-12      (a) The cleansing of the scalp and infestations and diseases of

2-13  the scalp; and

2-14      (b) The laws of the State of Nevada and regulations of the

2-15  Board relating to cosmetology.

2-16      Sec. 5.  1.  An operator of a cosmetological establishment

2-17  who employs or leases space in the cosmetological establishment

2-18  to a barber who is licensed pursuant to chapter 643 of NRS shall

2-19  not place a barber pole in or near the cosmetological

2-20  establishment or create the impression to members of the general

2-21  public that a business located near the barber pole is a

2-22  barbershop.

2-23      2.  A barber who engages in the practice of barbering in a

2-24  cosmetological establishment shall display his license in plain view

2-25  of the public at the position where he performs his work.

2-26      3.  The provisions of chapter 643 of NRS, except the

2-27  provisions relating to the licensing of a barber, do not apply to a

2-28  cosmetological establishment in which a barber engages in the

2-29  practice of barbering pursuant to this section.

2-30      4.  As used in this section:

2-31      (a) “Barber pole” means a red and white striped vertical

2-32  cylinder with a ball located on top of the cylinder.

2-33      (b) “Barbershop” has the meaning ascribed to it in

2-34  NRS 643.010.

2-35      (c) “Practice of barbering” has the meaning ascribed to it in

2-36  NRS 643.010.

2-37      Sec. 6.  NRS 644.020 is hereby amended to read as follows:

2-38      644.020  As used in this chapter, unless the context otherwise

2-39  requires, the words and terms defined in NRS 644.0205 to 644.029,

2-40  inclusive, and section 2 of this act have the meanings ascribed to

2-41  them in those sections.

2-42      Sec. 7.  NRS 644.024 is hereby amended to read as follows:

2-43      644.024  “Cosmetology” includes the occupations of a

2-44  cosmetologist, aesthetician, electrologist, hair designer,

3-1  demonstrator of cosmetics [and manicurist.] , manicurist and

3-2  shampoo assistant.

3-3  Sec. 8.  NRS 644.130 is hereby amended to read as follows:

3-4  644.130  1.  The Board shall keep a record containing the

3-5  name, known place of business, and the date and number of the

3-6  license of every manicurist, shampoo assistant, electrologist,

3-7  aesthetician, hair designer, demonstrator of cosmetics and

3-8  cosmetologist, together with the names and addresses of all

3-9  cosmetological establishments and schools of cosmetology licensed

3-10  pursuant to this chapter. The record must also contain the facts

3-11  which the applicants claimed in their applications to justify their

3-12  licensure.

3-13      2.  The Board may disclose the information contained in the

3-14  record kept pursuant to subsection 1 to:

3-15      (a) Any other licensing board or agency that is investigating a

3-16  licensee.

3-17      (b) A member of the general public, except information

3-18  concerning the address and telephone number of a licensee.

3-19      Sec. 9.  NRS 644.193 is hereby amended to read as follows:

3-20      644.193  1.  The Board may grant a provisional license as an

3-21  instructor to a person who:

3-22      (a) Has successfully completed the 12th grade in school or its

3-23  equivalent and submits written verification of the completion of his

3-24  education;

3-25      (b) Has practiced as a full-time licensed cosmetologist,

3-26  aesthetician or manicurist for [3 years] 1 year and submits written

3-27  verification of his experience;

3-28      (c) Is licensed pursuant to this chapter;

3-29      (d) Applies for a provisional license on a form supplied by the

3-30  Board;

3-31      (e) Submits two current photographs of himself; and

3-32      (f) Has paid the fee established pursuant to subsection 2.

3-33      2.  The Board shall establish and collect a fee of not less than

3-34  $25 nor more than $40 for the issuance of a provisional license as an

3-35  instructor.

3-36      3.  A person issued a provisional license pursuant to this section

3-37  may act as an instructor for compensation while accumulating the

3-38  number of hours of training required for an instructor’s license.

3-39      4.  A provisional license as an instructor expires upon

3-40  accumulation by the licensee of the number of hours of training

3-41  required for an instructor’s license. The Board may grant an

3-42  extension of not more than 45 days to those provisional licensees

3-43  who have applied to the Board for examination as instructors and

3-44  are awaiting examination.

 

4-1  Sec. 10.  NRS 644.220 is hereby amended to read as follows:

4-2  644.220  1.  In addition to the fee for an application, the fees

4-3  for examination are:

4-4  (a) For examination as a cosmetologist, not less than $40 and

4-5  not more than $75.

4-6  (b) For examination as an electrologist, not less than $40 and not

4-7  more than $75.

4-8  (c) For examination as a hair designer, not less than $40 and

4-9  not more than $75.

4-10      (d) For examination as a manicurist, not less than $40 and not

4-11  more than $75.

4-12      (e) For examination as an aesthetician, not less than $40 and not

4-13  more than $75.

4-14      (f) For examination as a shampoo assistant, not less than $40

4-15  and not more than $75.

4-16      (g) For examination as an instructor of aestheticians or in

4-17  cosmetology or manicuring, $40.

4-18  The fee for each reexamination is not less than $40 and not more

4-19  than $75.

4-20      2.  In addition to the fee for an application, the fee for

4-21  examination or reexamination as a demonstrator of cosmetics is $40.

4-22      3.  Each applicant referred to in subsections 1 and 2 shall, in

4-23  addition to the fees specified therein, pay the reasonable value of all

4-24  supplies necessary to be used in the examination.

4-25      Sec. 11.  NRS 644.260 is hereby amended to read as follows:

4-26      644.260  The Board shall issue a license as a cosmetologist,

4-27  aesthetician, electrologist, hair designer, manicurist, shampoo

4-28  assistant, demonstrator of cosmetics or instructor to each applicant

4-29  who:

4-30      1.  Passes a satisfactory examination, conducted by the Board to

4-31  determine his fitness to practice that occupation of cosmetology; and

4-32      2.  Complies with such other requirements as are prescribed in

4-33  this chapter for the issuance of the license.

4-34      Sec. 12.  NRS 644.260 is hereby amended to read as follows:

4-35      644.260  The Board shall issue a license as a cosmetologist,

4-36  aesthetician, electrologist, hair designer, manicurist, shampoo

4-37  assistant, demonstrator of cosmetics or instructor to each applicant

4-38  who passes a satisfactory examination, conducted by the Board to

4-39  determine his fitness to practice that occupation of cosmetology.

4-40      Sec. 13.  NRS 644.300 is hereby amended to read as follows:

4-41      644.300  Every licensed manicurist, shampoo assistant,

4-42  electrologist, aesthetician, hair designer, demonstrator of cosmetics

4-43  or cosmetologist shall, within 30 days after changing his place of

4-44  business, as designated in the records of the Board, notify the

4-45  Secretary of the Board of his new place of business. Upon receipt of

5-1  the notification, the Secretary shall make the necessary change in

5-2  the records.

5-3  Sec. 14.  NRS 644.320 is hereby amended to read as follows:

5-4  644.320  1.  The license of every cosmetologist, aesthetician,

5-5  electrologist, hair designer, manicurist, shampoo assistant,

5-6  provisional instructor, demonstrator of cosmetics and instructor

5-7  expires on July 1 of the next succeeding odd-numbered year.

5-8  2.  The Board shall adopt regulations governing the proration of

5-9  the fee required for initial licenses issued for less than 1 1/2 years.

5-10      Sec. 15.  NRS 644.325 is hereby amended to read as follows:

5-11      644.325  1.  An application for renewal of any license issued

5-12  pursuant to this chapter must be:

5-13      (a) Made on a form prescribed and furnished by the Board at

5-14  any time during the month of June of the year in which the license

5-15  expires;

5-16      (b) Accompanied by the statement required pursuant to NRS

5-17  644.214; and

5-18      (c) Accompanied by the fee for renewal.

5-19      2.  The fees for renewal are:

5-20      (a) For manicurists, shampoo assistants, electrologists,

5-21  aestheticians, hair designers, demonstrators of cosmetics and

5-22  cosmetologists, not less than $30 and not more than $50.

5-23      (b) For instructors, not less than $40 and not more than $60.

5-24      (c) For cosmetological establishments, not less than $60 and not

5-25  more than $100.

5-26      (d) For schools of cosmetology, not less than $450 and not more

5-27  than $500.

5-28      3.  For each month or fraction thereof after July 1 in which a

5-29  license is not renewed, there must be assessed and collected at the

5-30  time of renewal a penalty of $25 for a school of cosmetology and

5-31  $10 for a cosmetological establishment and all persons licensed

5-32  pursuant to this chapter.

5-33      4.  An application for the renewal of a license as a

5-34  cosmetologist, hair designer, aesthetician, electrologist, manicurist,

5-35  shampoo assistant, demonstrator of cosmetics or instructor must be

5-36  accompanied by two current photographs of the applicant which are

5-37  1 1/2 by 1 1/2 inches. The name and address of the applicant must

5-38  be written on the back of each photograph.

5-39      Sec. 16.  NRS 644.325 is hereby amended to read as follows:

5-40      644.325  1.  An application for renewal of any license issued

5-41  pursuant to this chapter must be:

5-42      (a) Made on a form prescribed and furnished by the Board at

5-43  any time during the month of June of the year in which the license

5-44  expires; and

5-45      (b) Accompanied by the fee for renewal.

6-1  2.  The fees for renewal are:

6-2  (a) For manicurists, shampoo assistants, electrologists,

6-3  aestheticians, hair designers, demonstrators of cosmetics and

6-4  cosmetologists, not less than $30 and not more than $50.

6-5  (b) For instructors, not less than $40 and not more than $60.

6-6  (c) For cosmetological establishments, not less than $60 and not

6-7  more than $100.

6-8  (d) For schools of cosmetology, not less than $450 and not more

6-9  than $500.

6-10      3.  For each month or fraction thereof after July 1 in which a

6-11  license is not renewed, there must be assessed and collected at the

6-12  time of renewal a penalty of $25 for a school of cosmetology and

6-13  $10 for a cosmetological establishment and all persons licensed

6-14  pursuant to this chapter.

6-15      4.  An application for renewal of a license as a cosmetologist,

6-16  hair designer, aesthetician, electrologist, manicurist, shampoo

6-17  assistant, demonstrator of cosmetics or instructor must be

6-18  accompanied by two current photographs of the applicant which are

6-19  1 1/2 by 1 1/2 inches. The name and address of the applicant must

6-20  be written on the back of each photograph.

6-21      Sec. 17.  NRS 644.330 is hereby amended to read as follows:

6-22      644.330  1.  A manicurist, shampoo assistant, electrologist,

6-23  aesthetician, hair designer, cosmetologist, demonstrator of cosmetics

6-24  or instructor whose license has expired may have his license

6-25  renewed only upon submission of the statement required pursuant to

6-26  NRS 644.214 and payment of all required fees.

6-27      2.  Any manicurist, shampoo assistant, electrologist,

6-28  aesthetician, hair designer, cosmetologist, demonstrator of cosmetics

6-29  or instructor who retires from practice for more than 1 year may

6-30  have his license restored only upon submission of the statement

6-31  required pursuant to NRS 644.214 and payment of all required fees.

6-32      3.  No manicurist, shampoo assistant, electrologist,

6-33  aesthetician, hair designer, cosmetologist, demonstrator of cosmetics

6-34  or instructor who has retired from practice for more than 4 years

6-35  may have his license restored without examination and must comply

6-36  with any additional requirements established in regulations adopted

6-37  by the Board.

6-38      Sec. 18.  NRS 644.330 is hereby amended to read as follows:

6-39      644.330  1.  A manicurist, shampoo assistant, electrologist,

6-40  aesthetician, hair designer, cosmetologist, demonstrator of cosmetics

6-41  or instructor whose license has expired may have his license

6-42  renewed only upon payment of all required fees.

6-43      2.  Any manicurist, shampoo assistant, electrologist,

6-44  aesthetician, hair designer, cosmetologist, demonstrator of cosmetics

7-1  or instructor who retires from practice for more than 1 year may

7-2  have his license restored only upon payment of all required fees.

7-3  3.  No manicurist, shampoo assistant, electrologist,

7-4  aesthetician, hair designer, cosmetologist, demonstrator of cosmetics

7-5  or instructor who has retired from practice for more than 4 years

7-6  may have his license restored without examination and must comply

7-7  with any additional requirements established in regulations adopted

7-8  by the Board.

7-9  Sec. 19.  NRS 644.360 is hereby amended to read as follows:

7-10      644.360  1.  Every holder of a license issued by the Board to

7-11  operate a cosmetological establishment shall display the license in

7-12  plain view of members of the general public in the principal office

7-13  or place of business of the holder.

7-14      2.  The operator of a cosmetological establishment [shall] may

7-15  lease space to or employ [only] persons other than licensed

7-16  manicurists, shampoo assistants, electrologists, aestheticians, hair

7-17  designers, demonstrators of cosmetics and cosmetologists at his

7-18  establishment . [to provide cosmetological services.]

7-19      Sec. 20.  NRS 644.375 is hereby amended to read as follows:

7-20      644.375  [Any food] Food or beverages [that are sold] for

7-21  immediate consumption may be sold in a cosmetological

7-22  establishment . [must be sold in an area of the cosmetological

7-23  establishment which is sufficiently separated from the area of the

7-24  cosmetological establishment where cosmetological services are

7-25  provided.]

7-26      Sec. 21.  NRS 644.400 is hereby amended to read as follows:

7-27      644.400  1.  A school of cosmetology must at all times be

7-28  under the immediate supervision of a licensed instructor who has

7-29  had practical experience of at least 1 year in the practice of a

7-30  majority of the branches of cosmetology in an established place of

7-31  business.

7-32      2.  A school of cosmetology shall:

7-33      (a) Maintain a school term of not less than 1,800 hours

7-34  [extending over a period of not less than 10 months nor more than

7-35  24 months,] and maintain a course of practical training and technical

7-36  instruction equal to the requirements for examination for a license as

7-37  a cosmetologist.

7-38      (b) Maintain apparatus and equipment sufficient to teach all the

7-39  subjects of its curriculum.

7-40      (c) Keep a daily record of the attendance of each student, a

7-41  record devoted to the different practices, establish grades and hold

7-42  examinations before issuing diplomas. These records must be

7-43  submitted to the Board pursuant to its regulations.

8-1  (d) Include in its curriculum a course of deportment consisting

8-2  of instruction in courtesy, neatness and professional attitude in

8-3  meeting the public.

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

8-5  cosmetology as the Board may from time to time adopt as the course

8-6  to be followed by the schools.

8-7  (f) Not allow any student to perform services on the public for

8-8  more than 7 hours in any day . [nor for more than 5 days out of

8-9  every 7.]

8-10      (g) Conduct at least 5 hours of instruction in theory in each

8-11  40-hour week or 6 hours of instruction in theory in each 48-hour

8-12  week, which must be attended by all registered students.

8-13      (h) Require that all work by students be done on the basis of

8-14  rotation.

8-15      Sec. 22.  NRS 644.408 is hereby amended to read as follows:

8-16      644.408  A student must receive the following amount of

8-17  instruction in the classroom before commencing work on members

8-18  of the public:

8-19      1.  A student enrolled as a cosmetologist must receive 250

8-20  hours.

8-21      2.  A student enrolled as a hair designer must receive 250 hours.

8-22      3.  A student enrolled as a manicurist must receive 80 hours.

8-23      4.  A student enrolled as an electrologist’s apprentice must

8-24  receive 150 hours.

8-25      5.  A student enrolled as an aesthetician must receive 100 hours.

8-26      6.  A student enrolled as a shampoo assistant must receive 50

8-27  hours.

8-28      Sec. 23.  NRS 644.430 is hereby amended to read as follows:

8-29      644.430  1.  The following are grounds for disciplinary action

8-30  by the Board:

8-31      (a) Failure of an owner of a cosmetological establishment, a

8-32  licensed aesthetician, cosmetologist, hair designer, electrologist,

8-33  instructor, manicurist, shampoo assistant, demonstrator of

8-34  cosmetics or school of cosmetology, or a cosmetologist’s apprentice

8-35  to comply with the requirements of this chapter or the applicable

8-36  regulations adopted by the Board.

8-37      (b) Obtaining practice in cosmetology or any branch thereof, for

8-38  money or any thing of value, by fraudulent misrepresentation.

8-39      (c) Gross malpractice.

8-40      (d) Continued practice by a person knowingly having an

8-41  infectious or contagious disease.

8-42      (e) Drunkenness or the use or possession, or both, of a

8-43  controlled substance or dangerous drug without a prescription, while

8-44  engaged in the practice of cosmetology.

9-1  (f) Advertisement by means of knowingly false or deceptive

9-2  statements.

9-3  (g) Permitting a license to be used where the holder thereof is

9-4  not personally, actively and continuously engaged in business.

9-5  (h) Failure to display the license as provided in NRS 644.290,

9-6  644.360 and 644.410.

9-7  (i) Entering, by a school of cosmetology, into an unconscionable

9-8  contract with a student of cosmetology.

9-9  (j) Continued practice of cosmetology or operation of a

9-10  cosmetological establishment or school of cosmetology after the

9-11  license therefor has expired.

9-12      (k) Any other unfair or unjust practice, method or dealing

9-13  which, in the judgment of the Board, may justify such action.

9-14      2.  If the Board determines that a violation of this section has

9-15  occurred, it may:

9-16      (a) Refuse to issue or renew a license;

9-17      (b) Revoke or suspend a license;

9-18      (c) Place the licensee on probation for a specified period; or

9-19      (d) Impose a fine not to exceed $1,000.

9-20      Sec. 24.  NRS 644.425 and 644.427 are hereby repealed.

9-21      Sec. 25.  1.  This section and sections 1 to 11, inclusive, 13,

9-22  14, 15, 17 and 19 to 25, inclusive, of this act become effective on

9-23  October 1, 2003.

9-24      2.  Sections 11, 15 and 17 of this act expire by limitation on the

9-25  date on which the provisions of 42 U.S.C. § 666 requiring each state

9-26  to establish procedures under which the state has authority to

9-27  withhold or suspend, or to restrict the use of professional,

9-28  occupational and recreational licenses of persons who:

9-29      (a) Have failed to comply with a subpoena or warrant relating to

9-30  a proceeding to determine the paternity of a child or to establish or

9-31  enforce an obligation for the support of a child; or

9-32      (b) Are in arrears in the payment for the support of one or more

9-33  children,

9-34  are repealed by the Congress of the United States.

9-35      3.  Sections 12, 16 and 18 of this act become effective on the

9-36  date on which the provisions of 42 U.S.C. § 666 requiring each state

9-37  to establish procedures under which the state has authority to

9-38  withhold or suspend, or to restrict the use of professional,

9-39  occupational and recreational licenses of persons who:

9-40      (a) Have failed to comply with a subpoena or warrant relating to

9-41  a procedure to determine the paternity of a child or to establish or

9-42  enforce an obligation for the support of a child; or

9-43      (b) Are in arrears in the payment for the support of one or more

9-44  children,

9-45  are repealed by the Congress of the United States.

 

10-1  TEXT OF REPEALED SECTIONS

 

10-2      644.425  Temporary educational permit; unlawful acts.

10-3      1.  The Board may grant a temporary educational permit

10-4   authorizing a current licensee within the scope of his license to

10-5   conduct demonstrations and exhibitions, temporarily and primarily

10-6   for educational purposes, of techniques for the benefit and

10-7   instruction of cosmetologists, hair designers, aestheticians,

10-8   electrologists and manicurists licensed pursuant to this chapter, and

10-9   electrologists’ apprentices, cosmetologists’ apprentices and students

10-10   enrolled in licensed schools of cosmetology.

10-11     2.  The permit must specify the purpose for which it is granted,

10-12   the period during which the person is permitted to conduct the

10-13   demonstrations and exhibitions, which may not exceed 10 days, and

10-14   the time and place of exercising the privilege granted by the permit.

10-15     3.  A person may be granted a temporary educational permit

10-16   only if he:

10-17     (a) Applies to the Board for the permit;

10-18     (b) Demonstrates to the satisfaction of the Board that the permit

10-19   is sought primarily for educational purposes; and

10-20     (c) Pays a fee of not less than $10 and not more than $25.

10-21  Except for schools licensed pursuant to this chapter, an application

10-22   for a permit must be submitted at least 10 days before the date of

10-23   the demonstration or exhibit.

10-24     4.  It is unlawful:

10-25     (a) For any person to conduct a demonstration or exhibition

10-26   without a permit.

10-27     (b) For any person who is granted a permit to allow persons

10-28   other than cosmetologists, hair designers, aestheticians,

10-29   electrologists and manicurists licensed pursuant to this chapter, and

10-30   electrologists’ apprentices, cosmetologists’ apprentices and students

10-31   enrolled in licensed schools of cosmetology to attend any

10-32   demonstration or exhibition made or given by him.

10-33     644.477  Unlawful to practice any other profession in

10-34   cosmetological establishment. It is unlawful for the operator of a

10-35   cosmetological establishment to practice or allow the practice of

10-36   any profession other than cosmetology in that establishment.

 

10-37  H