Topic Index for AB 246 First Reprint Shampoo Technologist Sections - - PDF document

Nevada State Board of Cosmetology Nevada State Board of Cosmetology 1785 E. Sahara Avenue – Suite 255 4600 Kietzke Lane, Bldg O, Suite 262 Las Vegas, NV 89104 Reno, NV 89502 Phone: (702) 486-6542 Phone: (775)-688-1442 Fax: (702) 369-8064 www.cosmetology.nv.gov Fax: (775) 688-1441

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Topic Index for AB 246 – First Reprint

Shampoo Technologist – Sections 10, 11, 15, 16, 21, 40, 42, 43, 47, 52  THE CHANGE:

• Provides for a new license type with minimal training requirements

 THE REASON:

• The shampoo technologist license will allow for students to work and earn a

living while attending cosmetology school

• The license type will also provide an opportunity for single mothers, working

mothers, and others looking for a full or part time career with minimal investment Apprentice – Sections 5, 7, 8, 12, 13, 14, 29, 31, 32, 33, 36, 37, 38, 39, 61  THE CHANGES

• Adds the aesthetician’s apprentice, nail technologist’s apprentice, and hair

designer’s apprentice programs to the existing cosmetologists’s apprentice and electrologist’s apprentice programs  THE REASON:

• Provides an opportunity in the rural areas of Nevada for potential licensees to

train with a licensed professional to remove the hardship of long distance commuting or relocation near a cosmetology school. Limited License – 44  THE CHANGE:

• Allows instate licensees to apply for a limited license to practice limited

cosmetology services outside a cosmetology salon  THE REASON:

• It is now illegal for a licensed cosmetology professional to provide services for

weddings, quinceaneras, proms, fairs, and festivals which drives business to unlicensed individuals; this change will open up a vast opportunity currently unavailable to instate licensees Cosmetology Schools – Sections 30, 58, 59  THE CHANGES:

• (30)Reduces the cosmetologist education requirements from 1,800 to 1,600
• (58) Removes the 5,000 square foot and 25 student minimum requirements and

authorizes the Board to stipulate the requirements in regulations

Nevada State Board of Cosmetology Nevada State Board of Cosmetology 1785 E. Sahara Avenue – Suite 255 4600 Kietzke Lane, Bldg O, Suite 262 Las Vegas, NV 89104 Reno, NV 89502 Phone: (702) 486-6542 Phone: (775)-688-1442 Fax: (702) 369-8064 www.cosmetology.nv.gov Fax: (775) 688-1441

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• (59) Removes the requirement for at least one instructor to be licensed in all

branches of cosmetology and a cosmetology school is not required to provide instruction leading to licensure  THE REASON:

• (30) 92% of the citizens in the United States live in states requiring 1,600 hours of

education or less for cosmetologist licensure (Arizona, California, and Utah all have 1,600 hours)

• (58) The square footage and minimum number of students change is required to

allow for a cosmetology school to be opened in the women’s correctional facility

• (59) A U.S. District judge ruled that is was unconstitutional for a cosmetology

school to be required to provide instructors with knowledge outside of what was being taught in the school Banned Devices – 25  THE CHANGES:

• Authorizes the Board to ban devices from cosmetological establishment rather

than having to see the device in actual use at the time of inspection.  THE REASON:

• The protection of the public is jeopardized by licensees who utilize dangerous

devices that have been prohibited from being used by all 50 states

• The current law requires observation of the device in use at the time of inspection

Advertising – Sections 3 and 17  THE CHANGES

• Defines advertising and requires name and license number in all advertisements,

similar to the Contractor’s Board requirements  THE REASON:

• Protects the public so they know the services are being provided by a licensed

professional

• The policing of unlicensed activity advertisement is difficult is difficult without

the name and license number in the advertisement Service Animals – Sections 63, 64  THE CHANGE:

• Adopts the ADA requirements for defining service animals

 THE REASON:

Nevada State Board of Cosmetology Nevada State Board of Cosmetology 1785 E. Sahara Avenue – Suite 255 4600 Kietzke Lane, Bldg O, Suite 262 Las Vegas, NV 89104 Reno, NV 89502 Phone: (702) 486-6542 Phone: (775)-688-1442 Fax: (702) 369-8064 www.cosmetology.nv.gov Fax: (775) 688-1441

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• The requirement to allow pets in cosmetology salons is an unsanitary and unsafe

situation

• Conformance with Federal standards allows the public to better comprehend and

comply with uniform requirements Administrative Changes – Sections 27, 28, 54  THE CHANGES:

• (27) Requires licensees to indicate every cosmetological establishment they work

at along with their personal mailing address, email address and telephone number

• (28) Transfers the responsibility for making deposits from the Treasurer of the

Board to Board staff

• (54) Clarifies the supervision requirements in cosmetological establishments

 THE REASON:

• (27) Brings contact information into current methods of communication
• (28) Board staff has been in charge of deposits for decades
• (54) Some licensee confusion was noticed on the supervisory requirements based
• n current language in the statutes

2 or 4 Year Licensing – Sections 45, 46, 49, 50, 51, 55, 56, 57  THE CHANGES:

• The 2 and 4 year licensing options provides each licensee with the option to
• btain a license of 2 or 4 year duration.

 THE REASON:

• Reduces licensee administration and costs and reduces the administrative

workload for the Board staff  WHY 2 or 4?:

• The choice provides licensee who are not certain of the length of their stay in

Nevada (i.e. military personnel and family) or the length of their stay in the profession (i.e., licensees approaching retirement, or licensees approaching full time parenthood) a choice for renewing their license for a time period that reflects their own personal life situation Threading – Sections 24, 26, 48  THE CHANGE:

• Requires the Board to inspect threading establishment, provide copies of

sanitation regulations to threading establishments, and provides a nominal fee for threader registration

Nevada State Board of Cosmetology Nevada State Board of Cosmetology 1785 E. Sahara Avenue – Suite 255 4600 Kietzke Lane, Bldg O, Suite 262 Las Vegas, NV 89104 Reno, NV 89502 Phone: (702) 486-6542 Phone: (775)-688-1442 Fax: (702) 369-8064 www.cosmetology.nv.gov Fax: (775) 688-1441

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 THE REASON:

• It is not equitable for other licensees to pay for registration and inspection of

threaders; having the responsibility for threaders, but no regulatory control leaves the Board susceptible to problems Hair Braider – Sections 34, 35, 41  THE CHANGE:

• (34 & 35) Change photograph size and remove voter ID for being used as proof of

age document

• (41) Adds testing verbiage to be consistent with all other license types

 THE REASON:

• (34 & 35) Standard passport photographs are now 2” by 2” instead of 1-1/2 “ by

1-1/2”; voter ID does not provide a forgery resistant means of identification

• (41) Wording makes hair braider license consistent with all other license types

Barbers – Sections 20, 30, 31  THE CHANGES:

• Requires nail technologists in a barber shop to be separated from the area where

barbers are performing services such as straight razor shaves

• Increases the training required for a barber to become a cosmetologist from 400 to

600 hours

• Decreases the training required for a barber to become a hair designer from 400 to

0 hours.  THE REASON:

• All nail technologists are required to follow the provisions of the cosmetology

laws and regulations. By mixing the two licensees in the same space causes jurisdictional confusion and potential sanitation enforcement problems

• The requirement for training a barber in hair, skin, and nails should not be the

same as the requirement for a barber to be trained in hair only. The Board feels a practicing barber has the training and skills necessary to become a hair designer without additional training. LCB Reorganization – Sections 4, 6, 9, 19, 22, 23, 53, 62  THE CHANGE:

• (4,6,9,19,22,23) LCB moved the scope of services for all license types into the

definitions section of NRS Chapter 644

• (53) LCB defined the types of licenses allowed in cosmetological establishments

Nevada State Board of Cosmetology Nevada State Board of Cosmetology 1785 E. Sahara Avenue – Suite 255 4600 Kietzke Lane, Bldg O, Suite 262 Las Vegas, NV 89104 Reno, NV 89502 Phone: (702) 486-6542 Phone: (775)-688-1442 Fax: (702) 369-8064 www.cosmetology.nv.gov Fax: (775) 688-1441

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• (62) LCB replaced the term “cosmetological services” with the term “services

relating to cosmetology”  THE REASON:

• (4,6,9,19,22,23) The consolidation of scope of services in the definition section

makes the statutes easier to navigate

• (53) This provides clarity on which license types can practice in cosmetology

establishments

• (62) The term cosmetological is not a word found in the English dictionary

Massage Board – Section 1  THE CHANGE:

• Exempts licensed cosmetology professionals practicing within their permitted

scope of services from the jurisdiction of the massage board  THE REASON:

• Limited massage techniques are practiced by cosmetology professionals within

their permitted scope of services Regulations to be Adopted – 24, 25, 44, 45, 59  THE CHANGE:

• (24) Provides for the Board to create sanitation regulations for threaders
• (25) Provides for the Board to ban specific devices by regulation

 THE REASON:

• (24) The Board currently has the responsibility to oversee threaders, but has not

regulatory provisions to specify sanitation standards

• (25) TheBoard needs the ability to ban devices from salons without having to see

them in use Language to Include New Sections in NRS 644 and Effective Date – Sections 2, 18, 65  THE CHANGE:

• (2) Transitory language for sections 3 through 17
• (18) Transitory language for definitions
• (65) Statement of an effective date

 THE REASON:

• Required for legal compliance