AB225 - Revises provisions relating to licensing of certain professions and occupations. (BDR 54-858)

A.B. 225 - *AB225* ASSEMBLY BILL NO. 225–ASSEMBLYMEMBER NGUYEN PREFILED FEBRUARY 3, 2025 ____________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions relating to licensing of certain professions and occupations. (BDR 54-858) FISCAL NOTE: Effect on Local Government: No. Effect on the State: Yes. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to professions; revising provisions governing the scope of the practice of massage therapy; establishing certain requirements for the training of an apprentice in the practice of barbering; exempting certain persons from provisions governing barbers; revising requirements for licensure as a barber or apprentice; revising provisions governing the operation of a barbershop; requiring the granting of a license as an instructor in the practice of barbering to an instructor of cosmetology under certain circumstances; revising and repealing certain provisions relating cosmetology; revising provisions relating to apprentices in certain occupations of cosmetology; revising certain requirements for the granting of a license to practice a branch of cosmetology; revising provisions governing the training and practice of apprentices in occupations of cosmetology; revising provisions governing the operation of a cosmetological establishment; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law provides for the regulation of the practice of massage therapy. 1 (Chapter 640C of NRS) Section 1 of this bill exempts the practices of blow-dry 2 styling, hair braiding and shampoo technology from the provisions governing 3 massage therapy. 4 Existing law provides for the licensure and regulation of barbers and apprentice 5 barbers by the State Barbers’ Health and Sanitation Board. (Chapter 643 of NRS) 6 Existing law requires, among other qualifications, a person to have practiced as a 7 – 2 – - *AB225* licensed apprentice under the supervision of a licensed barber to be qualified to 8 receive a license as a barber. (NRS 643.070) Section 2 of this bill requires licensed 9 barbers who supervise apprentices who participate in certain apprenticeship 10 programs to train the apprentices in all subjects of practical work and related 11 supplemental instruction for the scope of a license as a barber. 12 Section 3 of this bill defines certain words and terms for the purposes of 13 provisions governing barbers and the practice of barbering. Section 4 of this bill 14 exempts persons engaging in certain practices from the application of the 15 provisions governing barbers and the practice of barbering. 16 Existing law sets forth the qualifications for a person to receive a license as a 17 barber. (NRS 643.070) Section 5 of this bill: (1) allows a person to complete 18 certain training in a federally-registered apprenticeship program in lieu of certain 19 other training requirements to obtain a license; (2) allows a person to complete a 20 certain number of hours in a school of barbering in lieu of serving as an apprentice 21 or satisfying certain other requirements to obtain a license; and (3) eliminates 22 certain requirements for licensure. 23 Existing law sets forth the qualifications for a person to receive a license as an 24 apprentice. (NRS 643.080) Section 6 of this bill eliminates certain requirements for 25 such a license, including the requirement to have graduated from a school of 26 barbering approved by the Board. Sections 6 and 9 of this bill exempt a person 27 who is participating in a federally-registered apprenticeship program from the 28 requirement of passing an examination conducted by the Board. 29 Existing law requires each applicant for a license as a barber or an apprentice to 30 file a verified application for an examination before the State Barbers’ Health and 31 Sanitation Board. (NRS 643.090) Section 7 of this bill: (1) eliminates the 32 requirement that the applicant file a physician’s certification that the applicant is 33 free from tuberculosis and other communicable diseases; and (2) exempts a person 34 who is participating in a federally-registered apprenticeship program from 35 complying with the requirement to apply for an examination before the Board. 36 Existing law requires a person who has a license or certificate as a barber or 37 apprentice from certain other jurisdictions whose requirements for licensing barbers 38 and apprentices are substantially the same as the requirements of this State to be 39 admitted to practice as a licensed barber or apprentice, pursuant to regulations 40 adopted by the Board. (NRS 643.120) Section 8 of this bill also requires a person 41 who has a license or certificate for a scope of practice that is substantially the same 42 as the practice of barbering to be admitted to practice as a licensed barber or 43 apprentice, as applicable, pursuant to regulations adopted by the Board. 44 Existing law requires the display of the license of each licensed barber and 45 apprentice and the regulations of the Board to be displayed in a barbershop or 46 barber school. (NRS 643.150) Section 10 of this bill requires a barbershop to make 47 disclosures in certain forms to a customer who is to receive a service from an 48 apprentice who is participating in a federally-registered apprenticeship program. 49 Existing law prohibits a person from operating a barbershop unless the Board 50 has issued to that person a license to operate a barbershop. (NRS 643.171) Section 51 11 of this bill provides that: (1) a person who holds a license to operate a 52 barbershop is not prohibited from leasing space to, employing or working in the 53 same space as a person who is licensed under provisions governing cosmetology; 54 and (2) a licensed barber and a person who is licensed under provisions governing 55 cosmetology who work in the same barbershop are not required to work in different 56 spaces in the barbershop or to have partitions between them. 57 Section 12 of this bill requires the State Barbers’ Health and Sanitation Board 58 to issue a license as an instructor to a person who: (1) holds a license as an 59 instructor of cosmetology issued by the State Board of Cosmetology; (2) has 60 applied to the State Barbers’ Health and Sanitation Board; (3) has paid the 61 – 3 – - *AB225* applicable fees; and (4) submits all information required to complete the 62 application. 63 Section 47 of this bill repeals certain provisions relating to the: (1) examination 64 for licensure as a hair braider or shampoo technologist; and (2) registration of 65 makeup artists. 66 Existing law provides for the licensure and regulation by the State Board of 67 Cosmetology of persons engaged in various branches of cosmetology, including 68 shampoo technologists and hair braiders, persons engaged in makeup artistry, 69 cosmetological establishments and schools of cosmetology. (Chapter 644A of 70 NRS) Section 20 of this bill exempts from the provisions governing the licensure 71 and regulation of persons licensed by the Board a person engaged in the practice of 72 shampoo technology, hair braiding or makeup artistry if the person engages in no 73 other practice which requires a license under this chapter. Thus, a person who 74 restricts his or her activities to only those specified under existing law as 75 constituting the practice of shampoo technology, hair braiding or makeup artistry is 76 not required to obtain a license from the Board. Section 14 of this bill defines 77 “blow-dry styling” to include certain practices involving hair and section 20 also 78 exempts persons engaged only in those activities from the provisions governing the 79 licensure and regulation of persons licensed by the Board. Sections 17, 18, 21, 34- 80 37, 39, 40 and 42-47 of this bill eliminate references to shampoo technologists, hair 81 braiders and makeup artists in provisions governing the licensure and regulation of 82 persons licensed by the Board. 83 Sections 22, 24, 26, 27, 29 and 31 of this bill revise the requirements for the 84 admission of a person to examination for a license as a cosmetologist, hair designer, 85 advanced esthetician, esthetician, nail technologist or electrologist, respectively, to, 86 among other things, allow certain training requirements to be fulfilled by 87 completing training in a federally-registered apprenticeship program, as defined in 88 section 15 of this bill. 89 Sections 23, 25, 28 and 30 of this bill revise the requirements for the issuance 90 of a certificate of registration as a cosmetologist’s apprentice, hair designer’s 91 apprentice, esthetician’s apprentice and nail technologist’s apprentice, respectively, 92 to, among other things, allow for such a certificate of registration to be issued to 93 persons in a federally-registered apprenticeship program. 94 Section 33 of this bill eliminates the requirement that a person who is licensed 95 under the laws of another state or territory of the United States or the District of 96 Columbia provide proof satisfactory to the State Board of Cosmetology that the 97 person is of good moral character to be granted a license to practice the occupation 98 in which the applicant was previously licensed. 99 Section 41 of this bill revise certain provisions governing the procedures for 100 the training and practice of apprentices for cosmetologists, estheticians, 101 electrologists, hair designers and nail technologists. 102 Existing law authorizes a licensed operator of a cosmetological establishment 103 to lease space to or employ a barber. (NRS 644A.615) Section 42 of this bill 104 authorizes an operator of a cosmetological establishment or a person who is 105 licensed under provisions governing cosmetology to work in the same space as a 106 barber in the cosmetological establishment. 107 Existing law provides that, unless a person is licensed or registered in 108 accordance with the provisions governing the occupations of cosmetology and 109 related practices, it is unlawful for the person to: (1) conduct or operate a 110 cosmetological establishment, a school of cosmetology or any other place of 111 business in which any one or combination of the occupations of cosmetology are 112 taught or practiced unless the person is licensed or registered in accordance with the 113 provisions governing the occupations of cosmetology and related practices; or (2) 114 engage in, or attempt to engage in, the practice of cosmetology. (NRS 644A.900) 115 Section 46 of this bill specifies that the prohibition does not prohibit a person who 116 – 4 – - *AB225* participates in a federally-registered apprenticeship program from engaging in the 117 practice for which the apprenticeship is offered in collaboration with the provider 118 of the apprenticeship. 119 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 640C.100 is hereby amended to read as 1 follows: 2 640C.100 1. The provisions of this chapter do not apply to: 3 (a) A person licensed pursuant to chapter 630, 630A, 631, 632, 4 633, 634, 634A, 634B, 635, 640, 640A or 640B of NRS if the 5 massage therapy, reflexology or structural integration is performed 6 in the course of the practice for which the person is licensed. 7 (b) A person licensed as a barber or apprentice pursuant to 8 chapter 643 of NRS if the person is massaging, cleansing or 9 stimulating the scalp, face, neck or skin within the permissible scope 10 of practice for a barber or apprentice pursuant to that chapter. 11 (c) A person licensed or registered as an advanced esthetician, 12 esthetician, esthetician’s apprentice, hair designer, hair designer’s 13 apprentice, [hair braider, shampoo technologist,] cosmetologist or 14 cosmetologist’s apprentice pursuant to chapter 644A of NRS if the 15 person is massaging, cleansing or stimulating the scalp, face, neck 16 or skin within the permissible scope of practice for an advanced 17 esthetician, esthetician, esthetician’s apprentice, hair designer, hair 18 designer’s apprentice, [hair braider, shampoo technologist,] 19 cosmetologist or cosmetologist’s apprentice pursuant to that chapter. 20 (d) A person licensed or registered as a nail technologist or nail 21 technologist’s apprentice pursuant to chapter 644A of NRS if the 22 person is massaging, cleansing or stimulating the hands, forearms, 23 feet or lower legs within the permissible scope of practice for a nail 24 technologist or nail technologist’s apprentice. 25 (e) A person who is an employee of an athletic department of 26 any high school, college or university in this State and who, within 27 the scope of that employment, practices massage therapy, 28 reflexology or structural integration on athletes. 29 (f) Students enrolled in a school of massage therapy, reflexology 30 or structural integration recognized by the Board. 31 (g) A person who practices massage therapy, reflexology or 32 structural integration solely on members of his or her immediate 33 family. 34 (h) A person who performs any activity in a licensed brothel. 35 (i) A person who engages in the practice of blow-dry styling, 36 hair braiding or shampoo technology if the person is massaging, 37 cleansing or stimulating the scalp, face, neck or skin within the 38 – 5 – - *AB225* permissible scope of practice of blow-dry styling, hair braiding or 1 shampoo technology, as applicable. 2 2. Except as otherwise provided in subsection 3 and NRS 3 640C.330, the provisions of this chapter preempt the licensure and 4 regulation of a massage therapist, reflexologist or structural 5 integration practitioner by a county, city or town, including, without 6 limitation, conducting a criminal background investigation and 7 examination of a massage therapist, reflexologist or structural 8 integration practitioner or applicant for a license to practice massage 9 therapy, reflexology or structural integration. 10 3. The provisions of this chapter do not prohibit a county, city 11 or town from requiring a massage therapist, reflexologist or 12 structural integration practitioner to obtain a license or permit to 13 transact business within the jurisdiction of the county, city or town, 14 if the license or permit is required of other persons, regardless of 15 occupation or profession, who transact business within the 16 jurisdiction of the county, city or tow [Text truncated for display. 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