SB 249 — Revises provisions relating to cosmetology. (BDR 54-829)

Section 41 of this billbill: authorizes the Board to defer the expiration of certain licenses or certificates of registration for a person who submits a request and pays a fee.

Existing(1) lawauthorizes requiresthe aBoard person who holds a license or certificate of registration to practicedefer anythe branchexpiration of cosmetologycertain tolicenses display the license or certificatecertificates or a duplicate of theregistration licensefor ora certificateperson atwho thesubmits positiona whererequest theand holderpays ofa thefee; license or certificate performs his or her work.

(NRSand 644A.530)(2) Sectionrequires 44the Board to provide certain notice to a licensee or holder of thisa billcertificate of registration before the expiration of his Existing law requires a person who holds a license or certificate of registration to practice any branch of cosmetology to display the license or certificate or a duplicate of the license or certificate at eachthe workstationposition where hethe holder of the license or shecertificate performs his or her workwork. on the public.

(NRS 644A.530) Section 44 of this bill requires such a person to display the license or certificate or a duplicate of the license or certificate at each workstation where he or she performs his or her work on the public.

Sections 51 and 52 of this - 82nd Session (2023) – 4 – bill revise requirements for the:

(1) supervision by a licensed instructor of a school advertisement of cosmetology;student work to the public.

(2)Section attendance57 of athis studentbill forrevises instructionthe circumstances under which certain apprentices may engage in theory;certain practices at a cosmetological establishment.

andSection (3)50 advertisement of studentthis workbill requires a cosmetological establishment to thedisplay public.a sign under certain circumstances indicating when no cosmetological services will be provided.

Section 57 of this bill revises the cosmetological establishment.

Section 50 of this bill requires a cosmetologicalt a establishment to display a sign under certain circumstances indicating when no cosmetological services will be provided.

Section 63 of this bill deems any person who, on October 1, 2023, holds a license for an estExistingestablishment lawfor provideshair forbraiding theto licensurehold anda regulationlicense byfor thea Boardcosmetological oftablishment.establishment.

and (2) the local application of corrosive substances for the purpose of onpeeling theskin. use of an x-ray machine to treat the scalp or remove hair;

and(NRS (2)644A.925) revisesSection the58 prohibition on the use of corrosivethis substancesbill: to peel skin to allow for the application of certain substances by a cosmetologist, esthetician or advanced esthetician for certain purposes.

-(1) *SB249_R1*eliminates –the 5prohibition –on THEthe PEOPLEuse OFof THEan STATEx-ray OFmachine NEVADA,to REPRESENTEDtreat INthe SENATEscalp ANDor ASSEMBLY,remove DOhair; ENACT AS FOLLOWS:

and (2) revises the prohibition on the use of corrosive substances to peel skin to allow for the esthetician for certain purposes.

by a cosmetologist, esthetician or advanced EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

- 82nd Session (2023) – 5 – Sec.

(a) Not later than 30 days after the date on which the citation is received(b) If the Board, for good cause shown, extends the time allowed to file a written request for a hearing to contest the citation, on or before the later date specified by the person;Board.

or (b) If the Board, for good cause shown, extends the time allowed to file a written request for a hearing to contest the citation, on or before the later date specified by the Board.

(b) For a citation issued to a licensee or registrant which is sent by electronic mail, the date on which the citation is sent by electronic mail to the electronic mail address of the licensee or reg(c)registrant If the citation is mailed, 7 days after the date on whichfile thewith citation is mailed by certified mail to the lastBoard; known business or residential address of the person.

or (c) If the citation is mailed, 7 days after the date on which the citation is mailed by certified mail to the last known business or residential address of the person.

The Board may cause appropriate legal action to be taken in any court of competent jurisdiction to recover a fine imposed by the Board pursuant to this chapter.chapter.o recover a fine Sec.

Sec.

- *SB249_R1* – 6 – Sec.

6.- 82nd Session (2023) – 6 – 7.] 2.

Hydrotherapy;

7.] 2.

(c) Arranging, dressing, curling, waving, cleansing, singeing, bleaching, tinting, coloring or straightening the hair of any person with the hands, mechanical or electrical apparatus or appliances, or by other means, or similar work incident to or necessary for the proper carrying on of the practice or occupation provided by the termster(d) Removing superfluous hair from the surface of thisthe chapter.body of any person by the use of depilatories, waxing, tweezers or sugaring, except for the removal of hair with lasers or the permanent removal of hair with needles.

(d) Removing superfluous hair from the surface of the body of any person by the use of depilatories, waxing, tweezers or sugaring, except for the removal of hair with lasers or the permanent removal of hair with needles.

(1) Extraction;

or - *SB249_R1* – 7 – (3) Exfoliation which does not remove any skin below the stratum corneum, including, without limitation, by the use of manual exfoliation, microdermabrasion or dermaplaning.

- 82nd Session (2023) – 7 – Sec.

644A.040 “Cosmetology” includes the occupations of a cosmetologist, esthetician, advanced esthetician, electrologist, hair designer, shampoo technologist, hair braider [, demonstrator of cosmetics]occupation andof naila technologist.makeup artist.st.

The term does not include the occupationSec. of a makeup artist.

Sec.

and 4.purposes and not for the treatment of a medical, physical oric mental ailment:

Performing any of the following procedures for esthetic purposes and not for the treatment of a medical, physical or mental ailment:

- *SB249_R1* – 8 – [2.

(a)- Theatrical,82nd television,Session film(2023) – 8 – (b) All aspects of the modeling and otherfashion similarindustry, productions;including, without limitation, photography for magazines;

(b) All aspects of the modeling and fashion industry, including, without limitation, photography for magazines;

644A.150provisions 1.of this chapter:owing persons are exempt from the (a) Except for those provisions relating to advanced estheticians, all persons authorized by the laws of this State to practice nursing, medicine, dentistry, osteopathic medicine, chiropractic or podiatry.

The following persons are exempt from the provisions of this chapter:

(a) Except for those provisions relating to advanced estheticians, all persons authorized by the laws of this State to practice nursing, medicine, dentistry, osteopathic medicine, chiropractic or podiatry.

(2) Massaging, cleansing, stimulating, exercising or similar work upon the scalp, face or neck of any person, with the hands or withof mechanicalcosmetic orpreparations, electricalantiseptics, apparatustonics, lotions or appliances,creams.use or(d) byRetailers, theat usea ofretail cosmeticestablishment, preparations,insofar antiseptics,as tonics,their lotionsusual orand creams.ordinary vocation and profession is concerned, when engaged in the demonstration of cosmetics if:

(d) Retailers, at a retail establishment, insofar as their usual and ordinary vocation and profession is concerned, when engaged in the demonstration of cosmetics if:

and - *SB249_R1* – 9 – (2) The retailer does not advertise or provide a service relating to the practice of cosmetology except cosmetics and fragrances.

- 82nd Session (2023) – 9 – (e) Photographers or their employees, insofar as their usual and ordinary vocation and profession is concerned, if the photographer or his or her employee does not advertise cosmetological services or the practice of makeup artistry and provides cosmetics without chargecha2.e totAny school of cosmetology conducted as part of the customer.vocational rehabilitation training program of the Department of Corrections or the Caliente Youth Center:

2.

Any school of cosmetology conducted as part of the vocational rehabilitation training program of the Department of Corrections or the Caliente Youth Center:

4.and the production of books and papers.he attendance of witnesses Sec.

May issue subpoenas to compel the attendance of witnesses and the production of books and papers.

Sec.

- *SB249_R1*82nd Session (2023) – 10 – 6.

This authorityemployees.extends extends to any member of the Board or its authorized employees.Sec.

Sec.

The Board shall keep a record containing the name, known place or places of business, electronic mail address, personal mailing address, telephone number and the date and number of the license or certificate of registration, as applicable, of every nail technologist, electrologist,esthetician,electrologist, esthetician, advanced esthetician, hair designer, shampoo technologist, hair braider, [demonstrator of cosmetics,] person engaged in the practice of threading registered pursuant to NRS 644A.550, makeup artist registered pursuant to NRS 644A.395 and cosmetologist, together with the names and addresses of all [establishments for hair braiding,] cosmetological establishments and schools of cosmetology licensed pursuant to this chapter.

(b) A member of the general public, except information concerning the personal mailing address, work address, electronic mailmaiSec. address and telephone number of a licensee or registrant.

Sec.

- 82nd Session (2023) – 11 – (b) Prohibiting schools from deducting earned hours of school credit or any other compensation earned by a student as a punishment for misbehavior of the student;

- *SB249_R1* – 11 – (c) Providing for lunch and coffee recesses for students during schoolsch(d) hours;Allowing a member or an authorized employee of the Board to review the records of a student’s training and attendance.

and (d) Allowing a member or an authorized employee of the Board to review the records of a student’s training and attendance.

The Board may adopt such regulations governing sanitary conditions as it deems necessary with particular reference to the precautions to be employed to prevent the creating or spreading of infectious or contagious diseases in the practice of hair braiding, [in establishments for hair braiding,] in the practice of a cosmetologist, in cosmetological establishments or schools of cosmetology,State in thewhich practicethreading ofis threadingconducted.ing and in any facility in this State2. in which threading is conducted.

2.

- 82nd Session (2023) – 12 – 2.

4.(a) Training of at least 1,600 hours [, extending over a school term of 10 months,] in a school of cosmetology approved by the Board.

Has had any one of the following:

- *SB249_R1* – 12 – (a) Training of at least 1,600 hours [, extending over a school term of 10 months,] in a school of cosmetology approved by the Board.

Practical demonstrations in shampooing the hair, hairdressing, styling of hair, finger waving, coloring of hair, nail technology, cosmetics, thermal curling, marcelling, facial massage, massage of the scalp with the hands, procedures involving the application of chemicals to hair, and cutting, trimming or shaping hair;

- 82nd Session (2023) – 13 – 2.

4.

Satisfies at least one of the following:

- *SB249_R1* – 13 – (b) Has had training of at least 1,000 hours [, extending over a period of 7 consecutive months,] in a school of cosmetology approved by the Board.

2.(a) Antisepsis, sterilization and sanitation;nd oral tests, on:

Written or oral tests, or both written and oral tests, on:

(a) Antisepsis, sterilization and sanitation;

and - 82nd Session (2023) – 14 – 4.

(b) The person is a licensed esthetician and has additionally completed at least 300 hours of training in a licensed school of cosmetology in a curriculum prescribed by the Board pursuant to NRS 644A.277;

or - *SB249_R1* – 14 – (c) The person has [practiced] practice as [a full-time licensed] an advanced esthetician for at least [1 year.] 4 years outside this State, including, without limitation, in any other state, territory or country, which has been documented and which the Board or its designee deems acceptable.

(b) Practice as [a full-time licensed] an esthetician for at least [1 year.] 4 years outside this State, including, without limitation, in another state, territory or country, which has been documented andand(c) whichAt theleast Board1,200 orhours itsof designeeservice deemsas acceptable.an esthetician’s apprentice in a licensed cosmetological establishment in which esthetics is practiced.

(c) At least 1,200 hours of service as an esthetician’s apprentice in a licensed cosmetological establishment in which esthetics is practiced.

- 82nd Session (2023) – 15 – (a) Practical training of at least 600 hours under the immediate supervision of a licensed instructor in a licensed school of cosmetology in which the practice is taught.

(b) Practice as a [full-time licensed] nail technologist for [1 year] at least 4 years outside [the State of Nevada.] this State, including, without limitation, in another state, territory or country, which has been documented and which the Board or its designee deems acceptable.

(c) At least 1,200 hours of service as a nail technologist’s apprentice in a licensed cosmetological establishment in which nail - *SB249_R1* – 15 – technology is practiced.

(I)regulations Fiftyof hours concerning the lawsBoard ofrelating Nevadato cosmetology;Nevada and the regulations(II) ofSeventy-five thehours Boardconcerning relatinginfection tocontrol cosmetology;and prevention and sanitation;

(II) Seventy-five hours concerning infection control and prevention and sanitation;

and (2)- Has82nd passedSession the(2023) practical– demonstration16 in– hair braiding and written tests described in NRS 644A.370.644A.370.ation in hair braiding 2.

2.

(1) A driver’s license, identification card or permanent resident card issued to the applicant by this State or another state, the District of Columbia, the United States or any territory of the United States or a tribal identification card issued by a tribal - *SB249_R1* – 16 – government which satisfies the requirements of subsection 3 of NRS 232.006;

or (3) The current passport issued to the applicant.] Sec.644A.370 [1.] The examination for licensure as a hair braider pursuant to [paragraph (d) of subsection 1 of] NRS [644A.365 must] 644A.360 may include:

28.

NRS 644A.370 is hereby amended to read as follows:

644A.370 [1.] The examination for licensure as a hair braider pursuant to [paragraph (d) of subsection 1 of] NRS [644A.365 must] 644A.360 may include:

and (b) A practical demonstration in hair braiding.] Sec.644A.375 NRS 1.

29.The Board shall admit to examination for a:

NRScertificate 644A.375of isregistration herebyas amendeda shampoo technologist, any person who has applied to readthe asBoard follows:in proper form and paid the fee, and who:

644A.375 1.

The Board shall admit to examination for a certificate of registration as a shampoo technologist, any person who has applied to the Board in proper form and paid the fee, and who:

- 82nd Session (2023) – 17 – (1) Training of at least 50 hours in a licensed school of cosmetology as a student of the occupation of a cosmetologist or hair designer;

(2) Training of at least 50 hours in a licensed school of cosmetologyorsmetology in a curriculum prescribed by the Board by regulation;

or (3) Training of at least 50 hours which is administered online by the Board in a curriculum prescribed by the Board by regulation .

- *SB249_R1* – 17 – [3.

Sec.644A.395 NRS 1.

31.

NRS 644A.395 is hereby amended to read as follows:

644A.395 1.

and - 82nd Session (2023) – 18 – [(III)] (3) Has completed at least 2 years of high school .

and (2) Two current photographs of the makeup artist which are 2 by 2 inches.] 2.registering a makeup artist pursuant to this section.25 for 3.

The Board shall charge a fee of not more than $25 for registering a makeup artist pursuant to this section.

3.

- *SB249_R1* – 18 – 5.

(a) A minimum training of 500 hours under the immediate supervision of an approved electrologist in an approved school in which the practice is taught.

(a)- Has82nd successfullySession (2023) – 19 – equivalent;successfully completed the 12th grade in school or its equivalent;(b) Has practiced as a full-time licensed cosmetologist, hair designer, [hair braider,] esthetician, advanced esthetician or nail technologist for 1 year and submits written verification of his or her experience;

(b) Has practiced as a full-time licensed cosmetologist, hair designer, [hair braider,] esthetician, advanced esthetician or nail technologist for 1 year and submits written verification of his or her experience;

- *SB249_R1* – 19 – 3.

A person issued a provisional license pursuant to this section may act as an instructor for compensation while accumulating the numbernum4.r ofoA hoursprovisional oflicense trainingas required for an instructor’sinstructor license.expires uponcense.

4.accumulation by the licensee of the number of hours of training required for an instructor’s license or 1 year after the date of issuance, whichever occurs first.

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 or 1 year after the date of issuance, whichever occurs first.

(c) Has successfully completed the 12th grade in school or its equivalent;equ(d) Has received a minimum of 700 hours of training as a student instructor or 500 hours of training as an instructor or as a licensed provisional instructor in a licensed school of cosmetology;

(d) Has received a minimum of 700 hours of training as a student instructor or 500 hours of training as an instructor or as a licensed provisional instructor in a licensed school of cosmetology;

and (f) If the applicant is licensed as a hair designer, esthetician, advanced esthetician or nail technologist, has practiced as a full- - 82nd Session (2023) – 20 – time licensed hair designer, esthetician, advanced esthetician or nail designer, as applicable, or as a licensed student instructor.

3.advanced esthetics or nail technology shall complete at least the number of hours of continuing education required, at the time the hours of continuing education are completed, for instructors of schools of cosmetology accredited by the National Accrediting Commission of Career Arts & Sciences or its successor organization.

An instructor of cosmetology , hair design, esthetics, advanced esthetics or nail technology shall complete at least the number of hours of continuing education required, at the time the hours of continuing education are completed, for instructors of schools of cosmetology accredited by the National Accrediting Commission of Career Arts & Sciences or its successor organization.

An instructor of cosmetology, hair design, esthetics, advanced esthetics or nail technology may only provide instruction on subject matter that is within the scope of his or her license as a - *SB249_R1* – 20 – cosmetologist, hair designer, esthetician, advanced esthetician or nail technologist.

2.the applicant for examination, licensure or registration.

AnThens applicationof applicant must containcertify proofthat ofall the qualificationsinformation ofcontained in the applicantapplication foris examination,truthful licensureand oraccurate. registration.

The applicant must certify that all the information contained in the application is truthful and accurate.

- 82nd Session (2023) – 21 – 3.

In addition to the fee for an application, the fees forfor(a) For examination are:as a cosmetologist, not less than $75 and not more than $200.

(a) For examination as a cosmetologist, not less than $75 and not more than $200.

- *SB249_R1* – 21 – (h) For examination as an advanced esthetician, not less than $75 and not more than $200.

[The fee for reexamination as a hair braider is $110.] 3.examination or reexamination as a demonstrator of cosmetics is $75.

[In addition to the fee for an application, the fee for examination or reexamination as a demonstrator of cosmetics is $75.

and - 82nd Session (2023) – 22 – (b) May provide examinations for licensure or registration as a cosmetologist, esthetician, advanced esthetician, hair designer, shampoo technologist, hair braider [,] or nail technologist , [or demonstrator of cosmetics,] in any other language upon the request of an applicant, if the Board determines that providing the examination in that language is in the best interests of the public.

The fee must be sufficient to ensure that the applicants bear the full cost for the development, preparation, administration, grading and evaluation of the translated - *SB249_R1* – 22 – examination.

In determining whether it is in the best interests of the public to translate an examination for licensure or registration as a cosmetologist, esthetician, advanced esthetician, hair designer, shampoo technologist, hair braider [,] or nail technologist [or demonstrator of cosmetics] into a language other than English or Spanish, the Board shall consider the percentage of the population within this State whose native language is the language for which the translated examination is sought.

(a) Except as otherwise provided in NRS [644A.380 and] 644A.455, passes a satisfactory examination, conducted by the - 82nd Session (2023) – 23 – Board to determine his or her fitness to practice that occupation of cosmetology;

[and] (b) Complies with such other requirements as are prescribed in this chapter for the issuance of the license or certificate of registrationreg(c) [.]Has ;paid any required fees, fines or outstanding balances as required by the Board.

and (c) Has paid any required fees, fines or outstanding balances as required by the Board.

644A.510 Every licensed or registered nail technologist, electrologist, esthetician, advanced esthetician, hair designer, shampoo technologist, hair braider [, demonstrator of cosmetics] or - *SB249_R1* – 23 – cosmetologist shall, within 30 days after changing his or her place of business or personal mailing address, as designated in the records of the Board, notify the Board of the new place of business or personalshall mailingmake address.the necessary change in the records.otification, the Board Sec.

Upon receipt of the notification, the Board shall make the necessary change in the records.

Sec.

or - 82nd Session (2023) – 24 – (b) The fourth anniversary of the birthday of the licensee or holder of the certificate of registration measured, in the case of an original license or certificate of registration, restored license or certificate of registration, renewal of a license or certificate of registration or renewal of an expired license or certificate of registration from the birthday of the licensee or holder nearest the date of issuance, restoration or renewal.

-5. *SB249_R1* – 24 – Sec.

The Board shall send written notice to a licensee or holder of a certificate of registration identifying the date of the expiration least:

or her license or certificate of registration, as applicable, at (a) Ninety days before the license or certificate of registration expires;

and (b) Once each month following the month in which notice is sent pursuant to paragraph (a) until the month in which the license or certificate of registration expires.

Sec.

- 82nd Session (2023) – 25 – 2.

(a) For nail technologists, electrologists, estheticians, advanced estheticians, hair designers, hair braiders, shampoo technologists [, demonstratorsdemonst(1) ofFor cosmetics]2 years, not less than $50 and cosmetologists:not more than $100.

(1) For 2 years, not less than $50 and not more than $100.

For each month or fraction thereof after the date for renewal specified by the Board in which a license or a certificate of registration as a shampoo technologist is not renewed, there must be assessed and collected at the time of renewal a penalty of $50 for a school of cosmetology and $20 for [an establishment for hair braiding,] a cosmetological establishment, all persons licensed pursuant to this chapter and persons registered as a shampoo technologist.

- *SB249_R1* – 25 – (a) Accompanied by [two] a current [photographs] photograph of the applicant ;

- 82nd Session (2023) – 26 – 5.

Before a person applies for the renewal of a license or certificate of registration, as applicable, as a cosmetologist, hair designer, shampoo technologist, hair braider, esthetician, advanced esthetician, electrologist [,] or nail technologist , [or demonstrator of cosmetics,]cos(a) theComplete personat mustleast [complete]4 :hours of instruction relating to infection control and prevention in a professional course or seminar approved by the Board [.] ;

(a) Complete at least 4 hours of instruction relating to infection control and prevention in a professional course or seminar approved by the Board [.] ;

No nail technologist, electrologist, esthetician, advanced esthetician, hair designer, shampoo technologist, hair braider, cosmetologist [, demonstrator of cosmetics] or instructor who has retired from practice for more than 4 years may have his or herheras license or certificate of registration, as applicable, restored without examination and must comply with any additional requirements established in regulations adopted by the Board.

The holder of a license or certificate of registration issued by the Board to practice any branch of cosmetology must display his or her current license or certificate or a duplicate of the license or certificate in plain view of the public at - *SB249_R1* – 26 – the [position] workstation where the holder of the license or certificate performs his or her work [.] on the public.

- 82nd Session (2023) – 27 – Sec.

Each natural person who engages in the practice of threading and each owner or operator of a kiosk or other stand- alone facility in which a natural person engages in the practice of threading shall [, on or before January 1 of each year,] register with the Board on a form prescribed by the Board.

The registration mustmustwith be accompanied by a fee of not more than $25 and must include:

[not later than 90 days after the date on which the registration is activated.] 3.

Any person wishing to operate a cosmetological establishment in which any one or a combination of the occupations of cosmetology are practiced must apply to the Board for a license, through the owner, manager or person in charge, upon forms prepared and furnished by the Board.

[Upon receipt of the application, the] Before issuing a license for a cosmetological establishment, the Board shall [contact the applicant - *SB249_R1* – 27 – to arrange a date and time to] conduct [the on-site] an opening inspection [and] of the proposed cosmetological establishment to ensure that the minimum requirements for operating a cosmetological establishment pursuant to this chapter are met.

- 82nd Session (2023) – 28 – After the Board has conducted an inspection pursuant to this subsection and determined that such minimum requirements are met, the Board or its designee shall issue [and activate] the license.

[A license issued pursuant to this subsection is not valid until it is activated.]act3. 3.

Every holder of a license issued by the Board to operatemembers aof cosmetologicalthe establishmentgeneral public:lishment shall display in plain view of members(a) In the principal office or place of business of the generalholder, public:the license or a duplicate of the license;

(a) In the principal office or place of business of the holder, the license or a duplicate of the license;

Except as otherwise provided in this section, the operator of a cosmetological establishment may lease space to or employ only licensed or registered, as applicable, nail technologists, electrologists, estheticians, advanced estheticians, hair designers, shampoo technologists, hair braiders [, demonstrators of cosmetics] and cosmetologists at the establishment to provide services relating - *SB249_R1* – 28 – to the practice of cosmetology.

(a)- Leasing82nd spaceSession (2023) – 29 – remains under the jurisdiction of the State Barbers’ Health and Sanitation Board and remains subject to the laws and regulations of this State applicable to his or employingher abusiness barber.or profession.

Such a barber remains under the jurisdiction of the State Barbers’ Health and Sanitation Board and remains subject to the laws and regulations of this State applicable to his or her business or profession.

A provider of health care who leases space at a cosmetological establishment pursuant to this subsection remains under the jurisdiction of the regulatory bodybodyhis which governs his or her business or profession and remains subject to the laws and regulations of this State applicable to such business or profession.

(b) “Provider of health care” means a person who is licensed, certified or otherwise authorized by the law of this State to administerof healtha profession.h care in the ordinary course of business or practice of[(b)] (c) “Space” includes, without limitation, a profession.separate room in the cosmetological establishment.

[(b)] (c) “Space” includes, without limitation, a separate room in the cosmetological establishment.

644A.620 Cosmetology and threading may be practiced in a cosmetological establishment by licensed or registered, as applicable, cosmetologists, estheticians, advanced estheticians, electrologists, hair designers, shampoo technologists, hair braiders, - *SB249_R1*82nd Session (2023) – 2930 – [demonstrators of cosmetics,] nail technologists and natural persons who engage in the practice of threading, as appropriate, who are:

Sec.644A.625 NRS 1.

50.

NRS 644A.625 is hereby amended to read as follows:

644A.625 1.

A school of cosmetology must at all times be underhad thepractical immediateexperience supervisionin an established place of business for at least 1 year in the practice of a licensedmajority instructorof .the branches of cosmetology taught at the school of cosmetology.] 2.

[who has had practical experience in an established place of business for at least 1 year in the practice of a majority of the branches of cosmetology taught at the school of cosmetology.] 2.

- *SB249_R1*82nd –Session 30(2023) – (d)31 Include– in its curriculum a course of deportment consisting of instruction in courtesy, neatness and professional attitude ining meeting the public.

(1) Forty regularly scheduled school hours in each week;

or (2) Ten regularly scheduled school hours in any day.day;

or (3) Ten hours in a week to make up for regularly scheduled school hours that the student missed.

(h)] either through in-person instruction or, subject to paragraph (i), through an alternative form of instruction that has been approved by the Board, including, without limitation, instruction that is provided through distance education.

The Board shall, upon request, authorize a school of cosmetology to offer a course or program that is designed, intended or used to prepare or qualify another person for licensure in the field of massage therapy, reflexology or structural integration if:

the field (a) The school of cosmetology has obtained all licenses, authorizations and approvals required by state and local law to offer such a course or program;

- 82nd Session (2023) – 32 – 5.

- *SB249_R1* – 31 – (a) The Board has exclusive jurisdiction over the authorization and regulation of the course or program offered by the school ofofon cosmetology;

Sec.644A.750 NRS No4A.school herofy cosmetologyread or fostudent of cosmetology may advertise student work to the public for pay through any medium, including radio, unless the work advertised is [expressly] :

52.

NRS 644A.750 is hereby amended to read as follows:

644A.750 No school of cosmetology or student of cosmetology may advertise student work to the public for pay through any medium, including radio, unless the work advertised is [expressly] :

and - 82nd Session (2023) – 33 – (b) The name and number of the license or certificate of registration of any licensee or registrant mentioned in the advertisement.

An advertisement for services relating to the practice of cosmetology to be provided at a school of cosmetology must list the - *SB249_R1* – 32 – name, as it appears on the license, and license number of the school of cosmetology where the services will be provided.

(f) Drunkenness or the use or possession, or both, of a controlled substancein orthe dangerouspractice drugof withoutcosmetology.hout a prescription, while engaged (g) Advertising in violation of any of the practiceprovisions of cosmetology.NRS 644A.800 or 644A.935.

(g) Advertising in violation of any of the provisions of NRS 644A.800 or 644A.935.

(l)- Continued82nd practiceSession of(2023) cosmetology– or34 operation– of a cosmetological establishment or school of cosmetology after the license therefor has expired.

- *SB249_R1* – 33 – (n) Failure to comply with the provisions of NRS 454.217 or 629.086.

(c)probation Placefor thea licenseespecified orperiod;er holder of a certificate of registration on probation(d) forImpose a specifiedfine period;not to exceed $2,000;

(d) Impose a fine not to exceed $2,000;

Upon receiving such a report, the Executive Director shall immediately forward the report to the Board or the Chair of the Board.

The temporary suspension of the license or certificate of registration is effective immediately after the licensee or holder of the certificate of registration receives notice of the cease and desist- order82nd andSession must(2023) not– exceed35 15– businessholder days.of the certificate of registration may file a written request for a hearing to challenge the necessity of the temporary suspension.

The licensee or holder of the certificate of registration may file a written request for a hearing to challenge the necessity of the temporary suspension.

The Board shall hold a hearing and render a final decision regarding the - *SB249_R1* – 34 – necessity of the temporary suspension as promptly as is practicable but not later than 15 business days after the date on which the Board receives the written request.

(b) Does not file a timely written request for a hearing and the Board wants to consider extending the period of the temporarytemporarynd the suspension, the Board shall schedule a hearing and notify the licensee or holder of the certificate of registration immediately by certified mail of the date of the hearing.

(a) On the date on which the notice is personally delivered to the person;

ororthe date on which the notice is personally delivered to the (b) If the notice is mailed, 3 days after the date on which the notice is mailed by certified mail to the last known business or residential address of the person.

Except as otherwise provided in this section and NRS 239.0115, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted- to82nd determineSession whether(2023) to– initiate36 disciplinary– action against a person are confidential .

- *SB249_R1* – 35 – Sec.

It is unlawful for any person to conduct or operate a cosmetological establishment, [an establishment for hair braiding,] a school of cosmetology or any other place of business in which any one or any combination of the occupations of cosmetologyaccordance arewith taughtthe orprovisions practicedof unlessthis thechapter.person person is licensed in accordance2. with the provisions of this chapter.

2.

(c) A person issued a provisional license as an instructor pursuant to NRS 644A.415 from acting as an instructor and acceptingtraining compensationas therefora whileteacher accumulatingrequired for an instructor’s license.s of (d) The rendering of services relating to the hourspractice of trainingcosmetology asby a teacherperson requiredwho foris anlicensed instructor’sor license.registered in accordance with the provisions of this chapter, if those services are rendered in connection with photographic services provided by a photographer.

(d) The rendering of services relating to the practice of cosmetology by a person who is licensed or registered in accordance with the provisions of this chapter, if those services are rendered in connection with photographic services provided by a photographer.

- 82nd Session (2023) – 37 – (f) A registered shampoo technologist from engaging in the practice of shampoo technology under the immediate supervision of a licensed cosmetologist or hair designer.

(g) A registered esthetician’s apprentice from engaging in the practice of esthetics under the immediate supervision of a licensed esthetician or licensed cosmetologist [.] who is approved totoicensed supervise the apprentice.

(i) A registered nail technologist’s apprentice from engaging in the practice of nail technology under the immediate supervision of a - *SB249_R1* – 36 – licensed nail technologist or licensed cosmetologist [.] who is approved to supervise the apprentice.

A person practicing hair braiding is exempt from the licensing requirements of this chapter applicable to hair braiding if the hair braiding is practiced on a person who is related within the sixth degree of consanguinity and the person does not acceptacceptthin the compensation for the hair braiding.

or - 82nd Session (2023) – 38 – 2.

Sec.644A.930 NRS 1.

59.

NRS 644A.930 is hereby amended to read as follows:

644A.930 1.

- *SB249_R1* – 37 – Sec.

644A.940is 1.unlawful for any animal to be on the premises of a licensed2, it [establishment for hair braiding or] cosmetological establishment.

Except as otherwise provided in subsection 2, it is unlawful for any animal to be on the premises of a licensed [establishment for hair braiding or] cosmetological establishment.

- 82nd Session (2023) – 39 – Sec.

(b)NRS A644A.850.nsee licensee or registrant who violates the provisions of NRS2. 644A.850.

2.

If the citation is issued to a licensee or registrant and includes an order to pay an administrative fine for one or more violations of the provisions of NRS 644A.850, the amount of the - *SB249_R1* – 38 – administrative fine must not exceed the maximum amount authorized by NRS 644A.850.

[2.person must request a hearing by written notice of appeal to]e 5.

To appeal a finding of a violation of NRS 644A.900, the person must request a hearing by written notice of appeal to] 5.

NRS 644A.045, 644A.060, 644A.365, 644A.385, 644A.390, 644A.423, 644A.425, 644A.430, 644A.650, 644A.655, 644A.660,- 644A.665,82nd 644A.670,Session 644A.675,(2023) 644A.680– and40 – 644A.720 are hereby repealed.repealed.A.670, 644A.675, 644A.680 and Sec.

Sec.

LEADLINES~~~~~ OF23 REPEALED- SECTIONS82nd 644A.045Session “Demonstrator(2023) of cosmetics” defined.

644A.060 “Establishment for hair braiding” defined.

644A.365 Qualifications for examination for person who has practiced hair braiding in another state.

644A.385 Qualifications for examination.

644A.390 Scope of examination.

- *SB249_R1* – 39 – 644A.423 Instructors of advanced estheticians:

Qualifications for examination for license;

continuing education.

644A.425 Instructors of estheticians:

Qualifications for examination for license;

continuing education.

644A.430 Instructors in nail technology:

Qualifications for examination for license;

continuing education.

644A.650 Application for license;

verbal review;

issuance and activation of license;

on-site inspection;

fees.

offered or location;

new license required for operation after change;

approval of changes in physical structure of establishment by Board.

644A.660 Expiration of license;

effect of failure to timely pay renewal fee.

644A.665 Display of license.

644A.670 Practice of hair braiding by certain licensees.

644A.675 Supervision by licensed person.

644A.680 Food and beverage sales.

644A.720 Surety bonds;

payment plans;

regulations.

H - *SB249_R1*