Struck = removed from the bill ·
added = the amendment's new text.
SenateSession Bill(82nd) A SB249 R1 682 Amendment No.
249–Senators682 Lange,Assembly Hammond,Amendment Spearman;to Senate Bill No.
Daly,249 Donate,First DonderoReprint Loop,(BDR D.54-829) Proposed by:
Harris,Assembly OhrenschallCommittee andon ScheibleCommerce Jointand Sponsor:Labor Amends:
AssemblymanSummary: Nguyen CHAPTER..........
No Title:
No Preamble:
No Joint Sponsorship:
No Digest:
Yes Adoption of this amendment will MAINTAIN the 2/3s majority vote requirement for final passage of S.B.
249 R1 (§§ 37, 39, 41, 42).
ASSEMBLY ACTION Initial and Dat| SENATE ACTION Initial and Date Adopted Lost | Adopted Lost Concurred In Not | Concurred In Not Receded Not | Receded Not EXPLANATION:
Matter in (1) blue bold italics is new language in the original bill;
(2) variations of green bold underlining is language proposed to be added in this amendment;
(3) red strikethrough is deleted language in the original bill;
(4) purple double strikethrough is language proposed to be deleted in this amendment;
(5) orange double underlining is deleted language in the original bill proposed to be retained in this amendment.
JFS/SJQ - Date:
5/23/2023 S.B.
No.
249—Revises provisions relating to cosmetology.
(BDR 54-829) Page 1 of 1 *A_SB249_R1_682* Assembly Amendment No.
682 to Senate Bill No.
249 First Reprint Page 3 SENATE BILL NO .
249–SENATORS L ANGE , AMMOND , PEARMAN ;
DALY, DONATE , DONDERO L OOP, D.
HARRIS, OHRENSCHALL AND SCHEIBLE M ARCH 9, 2023 _______________ JOINT SPONSOR :
ASSEMBLYMAN N GUYEN _______________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions relating to cosmetology.
(BDR 54-829) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
No.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Existing law provides for the licensure and regulation by the State Board of Cosmetology of persons engaged in various branches of cosmetology and makeup artistry, cosmetological establishments and schools of cosmetology.
(Chapter 644A of NRS) Existing law exempts, with certain exceptions, persons authorized to practice medicine, commissioned medical officers of the United States Army, Navy or Marine Hospital Service and various other persons from the provisions of existing exempts,law withgoverning certaincosmetology. exceptions, persons authorized to practice nursing and certain additional members of the Armed Forces of the United States.
(NRS 644A.150) Section 14 of this bill additionally exempts, with certain exceptions, persons authorized to practice nursing and certain additional members of the Armed Forces of the United States.
and (2) person for certain unlicensed activities.Assembly Amendment No.
(NRS682 644A.865,to 644A.955)Senate SectionBill 62No. of this bill certain additional violations.
249 First Reprint Page 4 activities.
(NRS 644A.865, 644A.955) Section 62 of this bill additionally authorizes the Board to issue a citation to a licensee or registrant for certain additional violations.
Existing law provides for the licensure and regulation by the Board of persons engaged in practices involving the practicecare of:of the skin, the application of cosmetics and the removal ofn superfluous hair;
(1)and (2) advanced esthetics, which existing law defines, in general, to include certain practices involving the care of the skin, the application of cosmetics defines to mean the practice of advanced esthetic procedures in addition to the law - 82nd Session (2023) – 2 – practice of esthetics.
(NRS 644A.030) Section 7 of this bill revises the list of procedures that constitute advanced esthetic procedures to:
(1) include a medium-depth chemical peel, which section 3d3 of this bill defines, in general, to mean the removal of certain layers of skin using chemicals;
Section 6 of this bill makes a conforming change to indicate the proper placementplacExisting oflaw sectiondefines 3“esthetic medical device” to mean, in thegeneral, Nevadacertain Reviseddevices Statutes.used to perform an esthetic medical procedure.
Existing(NRS law644A.062) definesSection “esthetic18 medicalof device”this bill requires the Board to mean,adopt inregulations general,identifying certaineach devicesdevice usedthat the Board determines to performbe appropriate for use in the performance of an esthetic medical procedure.
(NRS 644A.062) Section of this bill requires the Board to adopt regulations identifying each device that the Board determines to be appropriate for use in the performance of an esthetic medical procedure.
Existing law authorizes an advanced esthetician to perform a nonablative esthetic medical procedure under the supervision of a physician, a physician assistant or an advanced practice registered nurse.
(NRS 644A.127) Section 18 requires the Board to adopt regulations identifying each nonablative esthetic medical procedure an advanced esthetician is authorized procedure” for the purpose of authorizing an advanced esthetician to perform.perform only thoseical nonablative medical procedures that the Board has identified by regulation.
Section 13 of this bill revises the definition of “nonablative esthetic medical procedure” for the purpose of authorizing an advanced esthetician to perform only those nonablative medical procedures that the Board has identified by regulation.
Existing law requires the Board to keep all records and files at the main office of the Board and, with certain exceptions, make the records and files keepopen the records and files at the main office of the Board.s the requirement to Existing law provides that certain documents and information of the Board relating to the imposition of disciplinary action against a person are confidential unless the person submits to the Board a request that such documents and information be made public records.inspection.
(NRS 644A.230) Section 15 removes the requirement to keep the records and files at the main office of tExisting law provides that certain documents and information of the Board relating to the imposition of disciplinary action against a person are confidential unless the person submits to the Board a request that such documents and information be made public records.
-Assembly 82ndAmendment SessionNo. (2023) – 3 – Existing law requires a makeup artist to register with the Board and provides that such a registration expires on January 1 of each year.
(NRS682 644A.395) Section of this bill revises the definition of “makeup artistry” to authorizeSenate aBill makeupNo. artist to apply strip eyelashes.
249 First Reprint Page 5 Existing law requires a makeup artist to register with the Board and provides that such a registration expires on January 1 of each year.
(NRS 644A.395) Section 12 of this bill revises the definition of “makeup artistry” to authorize a makeup artist to apply strip eyelashes.
and (2) provides that a certificate of registration as a makeup artist is valid for Existing1 lawyear requiresafter athe persondate whoof appliesissuance. to be admitted to an examination for licensure as a cosmetologist, hair designer, esthetician, advanced esthetician or nail technologist to satisfy certain training or experience requirements.
as a cosmetologist, hair designer, esthetician, advanced esthetician or nail technologist toe satisfy certain training or experience requirements.
Sections 27, 28 and 64 of this bill repeal and revise requirements for a person to be admitted to36, examination54 forand licensure59 asof this bill make conforming changes to remove references to certaincertainion. requirementsd 59 of this concerning hair braiders repealed by section 64.
Sections requirements concerning hair braiders repealed by section 64.
(NRS 644A.420-644A.430)644A.420- 644A.430) Sections 34 and 64 of this bill:
Section 41 of this bill:bill :
(1) authorizes the Board to defer the expiration of certain licenses or certificatesrequires ofthe registrationBoard forto aprovide personcertain whonotice submitsto a requestlicensee andor paysholder of a fee;certificate of (2) registration before the expiration of his or her license or certificate of registration.
and (2) requires the Board to provide certain notice to a licensee or holder of a certificate 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 the position where the holder of the license or certificate performs his or her work.
(NRS 644A.600-644A.600-644A.630, 644A.630, 644A.700-644A.755) Section 46 of this bill revises procedures for the issuance of a license for a cosmetological establishment.
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 studentcosmetology; work to the public.
Section(2) 57attendance of thisa billstudent revisesfor theinstruction in circumstances under which certain apprentices may engage in certain practices at aall revises the cosmetological establishment.
andAssembly (3)Amendment authorizeNo. a licensed registering with the Board.n to engage in the practice of threading without Existing law provides for the licensure and regulation of establishments for hair braiding, which existing law defines to mean, in general, any premises, mobile unit or building where hair braiding is practiced, other than a cosmetological establishment.
682 to Senate Bill No.
249 First Reprint Page 6 and (3) authorize a licensed cosmetologist or esthetician to engage in the practice of threading withExisting law provides for the licensure and regulation of establishments for hair braiding, which existing law defines to mean, in general, any premises, mobile unit or building where hair braiding is practiced, other than a cosmetological establishment.
demonstratorsExisting oflaw cosmetics,provides whichfor existingthe lawlicensure definesand toregulation mean,by inthe general,Board aof persondemonstrators whoof demonstrates cosmetics under certain circumstances.
and (2) revises the prohibition on the use of corrosive substances to peel skin to allow for the application of certain substances by a cosmetologist, esthetician or advanced 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.
- 82nd Session (2023) – 5 – Sec.
(a) Not later than 30 days after the date on which the citation is (b)received 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.person;
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.
or (c)Assembly IfAmendment theNo. 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.
682 to Senate Bill No.
249 First Reprint Page 7 (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 imposedtaken byin theany Boardcourt pursuantof tocompetent thisjurisdiction chapter.oto recover a fine Sec.imposed by the Board pursuant to this chapter.
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 ter(d)terms Removing superfluous hair from the surface of thethis bodychapter. 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;
2.Assembly Amendment No.
682 to Senate Bill No.
249 First Reprint Page 8 2.
- 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 occupationcosmetics] ofand anail makeuptechnologist. artist.st.
The term does not include the Sec.occupation of a makeup artist.
Sec.
and purposes4. 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:
-(a) 82ndTheatrical, Sessiontelevision, (2023)film – 8 – (b) All aspects of the modeling and fashionother industry,similar including,productions; without limitation, photography for magazines;
(b) All aspects of the modeling and fashion industry, including, without limitation, photography for magazines;
Sec.Assembly Amendment No.
682 to Senate Bill No.
249 First Reprint Page 9 Sec.
provisions644A.150 of1. 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 ofwith cosmeticmechanical preparations,or antiseptics,electrical tonics,apparatus lotions or creams.useappliances, (d)or Retailers,by atthe ause retailof establishment,cosmetic insofarpreparations, asantiseptics, theirtonics, usuallotions andor ordinarycreams. 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:
- 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 cha2.echarge tAnyto school of cosmetology conducted as part of the vocationalcustomer. 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:
andAssembly theAmendment productionNo. of books and papers.he attendance of witnesses Sec.
682 to Senate Bill No.
249 First Reprint Page 10 4.
May issue subpoenas to compel the attendance of witnesses and the production of books and papers.
Sec.
- 82nd Session (2023) – 10 – 6.
This employees.extendsauthority extends to any member of the Board or its authorized Sec.employees.
Sec.
(b) A member of the general public, except information concerning the personal mailing address, work address, electronic maiSec.mail address and telephone number of a licensee or registrant.
Sec.
-Assembly 82ndAmendment SessionNo. (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;
(c)682 Providing for lunch and coffee recesses for students during sch(d) Allowing a member or an authorized employee of the Board to reviewSenate theBill recordsNo. of a student’s training and attendance.
249 First Reprint Page 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;
(c) Providing for lunch and coffee recesses for students during school hours;
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 Statecosmetology, in whichthe threadingpractice isof conducted.ingthreading and in any facility in this 2.State in which threading is conducted.
2.
- 82nd Session (2023) – 12 – 2.
4.
Has had any one of the following:
(d)Assembly AtAmendment leastNo. 3,200 hours of service as a cosmetologist’s apprentice in a licensed cosmetological establishment in which all of the occupations of cosmetology are practiced.
682 to Senate Bill No.
249 First Reprint Page 12 (d) At least 3,200 hours of service as a cosmetologist’s apprentice in a licensed cosmetological establishment in which all of the occupations of cosmetology are practiced.
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:
(a)2. Antisepsis, sterilization and sanitation;nd oral tests, on:
Written or oral tests, or both written and oral tests, on:
(a) Antisepsis, sterilization and sanitation;
Sec.Assembly Amendment No.
682 to Senate Bill No.
249 First Reprint Page 13 Sec.
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;
(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 and(c)and Atwhich leastthe 1,200Board hoursor ofits servicedesignee asdeems anacceptable. 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.
The requiredAssembly hoursAmendment mustNo. have been completed during the period of validity of the certificate of registration as a nail technologist’s apprentice issued to the person pursuant to NRS 644A.355.
682 to Senate Bill No.
249 First Reprint Page 14 required hours must have been completed during the period of validity of the certificate of registration as a nail technologist’s apprentice issued to the person pursuant to NRS 644A.355.
regulations(I) ofFifty thehours Boardconcerning relatingthe tolaws cosmetology;Nevadaof Nevada and the (II)regulations Seventy-fiveof hoursthe concerningBoard infectionrelating controlto andcosmetology; prevention and sanitation;
(II) Seventy-five hours concerning infection control and prevention and sanitation;
and -(2) 82ndHas Sessionpassed (2023)the –practical 16demonstration –in hair braiding and written tests described in NRS 644A.370.ation644A.370. in hair braiding 2.
2.
or (3) The current passport issued to the applicant.] 644A.370Sec. [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:
(a)Assembly TheAmendment writtenNo. tests and such other tests or examinations described in subsection 1;
and682 (b)to ASenate practicalBill demonstrationNo. in hair braiding.] 644A.375 NRS 1.
249 First Reprint Page 15 (a) The Boardwritten shalltests admitand tosuch examinationother fortests a:or examinations described in subsection 1;
certificateand of(b) registrationA aspractical ademonstration shampoo technologist, any person who has applied to the Board in properhair formbraiding.] andSec. paid the fee, and who:
29.
NRS 644A.375 is hereby amended to read as follows:
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 orsmetologycosmetology 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 .
644A.395Sec. 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.] registering2. 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.
4.Assembly Amendment No.
682 to Senate Bill No.
249 First Reprint Page 16 4.
(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) 82ndHas Sessionsuccessfully (2023) – 19 – equivalent;successfully completed the 12th grade in school or its (b)equivalent; 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;
A person issued a provisional license pursuant to this section may act as an instructor for compensation while accumulating the num4.rnumber oAof provisionalhours licenseof astraining anrequired instructorfor expiresan uponcense.instructor’s license.
accumulation4. 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.
(b)Assembly IsAmendment ofNo. good moral character;
(c)682 Hasto successfullySenate completedBill theNo. 12th grade in school or its 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;
249 First Reprint Page 17 (b) Is of good moral character;
(c) Has successfully completed the 12th grade in school or its equivalent;
(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-full-time - 82nd Session (2023) – 20 – time licensed hair designer, esthetician, advanced esthetician or nail designer, as applicable, or as a licensed student instructor.
advanced3. 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.
the2. applicant for examination, licensure or registration.
ThensAn ofapplication applicant must certifycontain thatproof allof the informationqualifications containedof in the applicationapplicant isfor truthfulexamination, andlicensure accurate.or 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 for(a)for For examination asare: a cosmetologist, not less than $75 and not more than $200.
(b)(a) For examination as ana electrologist,cosmetologist, not less than $75 and not more than $200.
Assembly Amendment No.
682 to Senate Bill No.
249 First Reprint Page 18 (b) For examination as an electrologist, not less than $75 and not more than $200.
[The fee for reexamination as a hair braider is $110.] examination3. 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 is in addition to all other fees that must be paid by applicants for the examination for licensure or registration as a cosmetologist, esthetician,Assembly advancedAmendment esthetician,No. hair designer, shampoo technologist, hair braider [,] or nail technologist .
682 to Senate Bill No.
249 First Reprint Page 19 esthetician, advanced esthetician, hair designer, shampoo technologist, hair braider [,] or nail technologist .
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 reg(c)registration 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 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 shallpersonal makemailing theaddress. 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 -Assembly 82ndAmendment SessionNo. (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 from the birthday of the licensee or holder nearest the date of issuance, restoration or renewal.
682 to Senate Bill No.
249 First Reprint Page 20 (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.
The Board shall send written notice to a licensee or holder of a certificate of registration identifying the date of the expiration of his or her license or certificate of registration, as applicable, at least:
or her license or certificate of registration, as applicable, at (a) Ninety days before the license or certificate of registration expires;
- 82nd Session (2023) – 25 – 2.
(a) For nail technologists, electrologists, estheticians, advanced estheticians, hair designers, hair braiders, shampoo technologists [, demonst(1)demonstrators Forof 2cosmetics] years, not less than $50 and notcosmetologists: more than $100.
(1) For 2 years, not less than $50 and not more than $100.
(2)Assembly ForAmendment 4No. years, $140.
682 to Senate Bill No.
249 First Reprint Page 21 (2) For 4 years, $140.
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.
- 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 cos(a)cosmetics,] Complete at least 4 hours of instruction relating to infection control and prevention in a professional course or seminar approved by the Boardperson [.]must ;[complete] :
(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 herasher license or certificate of registration, as applicable, restored without examination and must comply with any additional requirements established in regulations adopted by the Board.
2.Assembly Amendment No.
682 to Senate Bill No.
249 First Reprint Page 22 2.
- 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-stand-alone 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 mustwithmust 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.
- 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 act3.activated.] 3.
(b)Assembly ExpiresAmendment 4No. years after the date of issuance or renewal of a license that was issued or renewed for a 4-year period.
682 to Senate Bill No.
249 First Reprint Page 23 (b) Expires 4 years after the date of issuance or renewal of a license that was issued or renewed for a 4-year period.
Every holder of a license issued by the Board to membersoperate ofa thecosmetological generalestablishment public:lishment shall display in plain view of (a)members In the principal office or place of business of the holder,general thepublic: 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;
-(a) 82ndLeasing Sessionspace (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 heremploying businessa orbarber. 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 bodyhisbody 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)Assembly “ProviderAmendment ofNo. health care” means a person who is licensed, certified or otherwise authorized by the law of this State to of a profession.h care in the ordinary course of business or practice [(b)] (c) “Space” includes, without limitation, a separate room in the cosmetological establishment.
682 to Senate Bill No.
249 First Reprint Page 24 (b) “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.
[(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, - 82nd Session (2023) – 30 – [demonstrators of cosmetics,] nail technologists and natural persons who engage in the practice of threading, as appropriate, who are:
644A.625Sec. 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 hadunder practicalthe experienceimmediate insupervision an established place of business for at least 1 year in the practice of a majoritylicensed ofinstructor 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.
-(d) 82ndInclude Sessionin (2023)its –curriculum 31a –course of deportment consisting of instruction in courtesy, neatness and professional attitude ingin meeting the public.
(2)[or] TenAssembly regularlyAmendment scheduledNo. school hours in any day;
682 to Senate Bill No.
249 First Reprint Page 25 (2) Ten regularly scheduled school hours in any day [.] ;
(h) Conduct at least 5 hours of instruction in theory in each 40-40-hour hour week , [or 6 hours of instruction in theory in each 48-hour week,] which must be [attended] completed by all registered students [.
(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.
(a) The Board has exclusive jurisdiction over the authorization and regulation of the course or program offered by the school ofonof cosmetology;
A school of cosmetology is not required to maintain courses of practical training and technical instruction equal to the requirements for examination for a license or certificate of registration in any branch of cosmetology if the school of cosmetology provides its students with a disclaimer, in at least 14-14-point point bold type, indicating that completion of the instruction provided at the school of cosmetology does not:
644A.750Assembly NRSAmendment No4A.schoolNo. 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] :
682 to Senate Bill No.
249 First Reprint Page 26 Sec.
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 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 insubstance theor practicedangerous ofdrug cosmetology.houtwithout a prescription, while engaged (g) Advertising in violation of any of the provisionspractice of NRScosmetology. 644A.800 or 644A.935.
(g) Advertising in violation of any of the provisions of NRS 644A.800 or 644A.935.
-Assembly 82ndAmendment SessionNo. (2023) – 34 – cosmetological establishment or school of cosmetology after the license therefor has expired.
682 to Senate Bill No.
249 First Reprint Page 27 (l) Continued practice of cosmetology or operation of a cosmetological establishment or school of cosmetology after the license therefor has expired.
probation(c) forPlace athe specifiedlicensee period;eror holder of a certificate of registration on (d)probation Imposefor a finespecified notperiod; 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 82ndorder Sessionand (2023)must –not 35exceed –15 holderbusiness ofdays. 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.
(b) Does not file a timely written request for a hearing and the Board wants to consider extending the period of the temporaryndtemporary 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.
The hearing must be held and a final decision rendered regarding whether to extend the period of the temporaryAssembly suspensionAmendment asNo. promptly as is practicable but not later than 15 business days after the date on which the Executive Director mails the cease and desist order.
682 to Senate Bill No.
249 First Reprint Page 28 temporary suspension as promptly as is practicable but not later than 15 business days after the date on which the Executive Director mails the cease and desist order.
(a) On the date on which the notice is personally delivered to the person;
ortheor 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 82ndto Sessiondetermine (2023)whether –to 36initiate –disciplinary action against a person are confidential .
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 accordancecosmetology withare thetaught provisionsor ofpracticed thisunless chapter.personthe person is licensed in 2.accordance 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 trainingaccepting ascompensation atherefor teacherwhile requiredaccumulating for an instructor’s license.s of (d) The rendering of services relating to the practicehours of cosmetologytraining byas a personteacher whorequired isfor licensedan orinstructor’s registeredlicense. 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.
-Assembly 82ndAmendment SessionNo. (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)682 Ato registeredSenate esthetician’sBill apprenticeNo. from engaging in the esthetician or licensed cosmetologist [.] who is approved toicensed supervise the apprentice.
249 First Reprint Page 29 (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 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 acceptthinaccept the compensation for the hair braiding.
or - 82nd Session (2023) – 38 – 2.
644A.930Sec. NRS 1.
59.
NRS 644A.930 is hereby amended to read as follows:
644A.930 1.
1.Assembly Amendment No.
682 to Senate Bill No.
249 First Reprint Page 30 1.
is644A.940 unlawful1. 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.
NRS(b) 644A.850.nseeA licensee or registrant who violates the provisions of 2.NRS 644A.850.
2.
person[2. 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.
A person who, on October 1, 2023, is the holder of a valid license to operate an establishment for hair braiding issued pursuant to NRS 644A.650 and whoAssembly isAmendment otherwiseNo. qualified to hold such a license on that date shall be deemed to hold a license to operate a cosmetological establishment issued pursuant to NRS 644A.600, as amended by section 46 of this act.
682 to Senate Bill No.
249 First Reprint Page 31 who is otherwise qualified to hold such a license on that date shall be deemed to hold a license to operate a cosmetological establishment issued pursuant to NRS 644A.600, as amended by section 46 of this act.
NRS 644A.045, 644A.060, 644A.365, 644A.385, 644A.390, 644A.423, 644A.425, 644A.430, 644A.650, 644A.655, -644A.660, 82nd644A.665, Session644A.670, (2023)644A.675, –644A.680 40and – 644A.720 are hereby repealed.A.670,repealed. 644A.675, 644A.680 and Sec.
Sec.
~~~~~LEADLINES 23OF -REPEALED 82ndSECTIONS Session644A.045 (2023)“Demonstrator 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.
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.
644A.655 Notice of change of ownership, name, services 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.