NV Revamps Laws, Leaves No License Category Unaffected

Nevada lawmakers did a makeover on the state’s cosmetology laws. So, was it a glow up? In this blog post, we break down Senate Bill 249 (SB 249), which makes changes to practice and licensing requirements for professions that fall under the purview of the Nevada State Board of Cosmetology (Board). The bill affects advanced estheticians, cosmetologists, estheticians, makeup artists, hair braiders, threaders, cosmetic demonstrators, instructors, and hair designers.

The most important changes include: revising medical procedures permitted by advanced estheticians and the devices they can use; modifying the definitions of cosmetology, esthetics, and makeup artistry to incorporate additional services these professions may perform; overhauling the practice and licensing of hair braiding, including eliminating training requirements and replacing the establishment license they must obtain; and eliminating the demonstration of cosmetics license.

The bill went into effect June 1, and proposed rules will be created soon to support the new laws that ASCP has outlined for you below.

Advanced Esthetics Procedures and Medical Devices
This bill revises the list of services that are considered advanced esthetics procedures to include a medium-depth chemical peel. Medium-depth chemical peels are defined as “the removal of skin from the epidermis and papillary dermis layers using chemicals applied directly to the skin.” The bill removes the following procedures from the list of advanced esthetics procedures: exfoliation, microdermabrasion and related services, dermaplaning, extraction, and hydrotherapy. These services are now within scope for cosmetologists and estheticians. The current list of advanced medical procedures is:

1. Microneedling
2. Medium-depth chemical peels
3. Nonablative esthetics procedures
4. Other similar esthetics preparations or procedures with the use of the hands or mechanical or electronic apparatus

The bill revises the definition of “esthetics medical device” to include only devices that the Board identifies in rules. Devices may include a laser, radial shockwave, cryotherapy, radio frequencies, plasma, intense pulsed light, ultrasound, microwaves, and others.

The Board is now responsible for creating rules to develop a comprehensive list of each nonablative esthetic medical procedure an advanced esthetician is authorized to perform, and each device the Board considers appropriate for use by advanced estheticians.

Leasing Opportunities for Advanced Esthetics Supervisors
Previously, a health-care provider was prohibited from leasing space in a cosmetological establishment to provide health-care services if a cosmetologist was practicing cosmetology in the location at the same time. The bill now allows a physician, physician assistant, or advanced practice registered nurse to lease space to provide health-care services associated with advanced esthetics supervision.

Revised Cosmetology, Esthetics, Makeup Artistry Definitions
The bill revises the definitions of “cosmetologist” and “esthetician” to prohibit these professionals from using an esthetics medical device and to allow a cosmetologist or esthetician to perform additional services. Cosmetologists and estheticians may now perform: laser hair removal, extraction, hydrotherapy, exfoliation that does not remove skin below the stratum corneum using manual exfoliant, microdermabrasion, and dermaplaning.

The bill revises the definition of “makeup artistry” to allow makeup artists to apply strip eyelashes. The new law also states that a makeup artist certificate of registration is valid for one year after the date it is issued.

Hair Braiding Amendments
The bill vastly changes hair braiding training requirements. Exam applicants no longer need to submit proof of 250 hours of formal education. While this appears like deregulation, individuals offering hair braiding services must still be licensed. Hair braiders can earn a license after successfully passing an exam that covers a test on antisepsis, sterilization and sanitation, Nevada cosmetology laws and regulations, and a practical hair braiding demonstration.

The bill revised both hair braiding exam and licensing fees:

• Hair braider exam fee: Not less than $75 and not more than $200 (previously $110)
• Two-year license fee: Not less than $50 and not more than $100 (previously $70)
• Four-year license fee: Not less than $100 and not more than $200 (previously $140)

The bill eliminates the hair braiding establishment license. In doing so, any place of business where hair braiding is practiced must now be licensed as a cosmetological establishment by October 1, 2023. Previously, hair braiders had to obtain a hair braiding establishment license, which was defined as any location, mobile unit, or building where hair braiding is practiced, and is different from a cosmetological establishment.

Threading Revisions
The bill requires the Board to keep records of who practices threading; however, cosmetologists and estheticians who practice threading do not need to register with the Board. A threading certificate of registration expires after one year.

Deregulating Demonstration of Cosmetics
The bill eliminates all references to demonstration of cosmetics licensing and regulation, effectively deregulating the service. This means that individuals who demonstrate cosmetics no longer require a license to do so.

Instructor Subject Matter
The bill emphasizes that an instructor of cosmetology, hair design, esthetics, advanced esthetics, or nail technology can only provide instruction on subject matter that is within their respective scope of practice.

Changes Affecting Students
The bill revises student attendance, defines distance education, and clarifies cosmetology student work conditions.

A school cannot allow any student to attend school for more than:

• Forty (40) regularly scheduled school hours a week
• Ten (10) regularly scheduled school hours a day
• Ten (10) hours in a week to make up for regularly scheduled school hours that a student missed

*A student must complete 90 percent of their required hours of theory instruction through in-person instruction.

Distance education—instruction delivered by video, computer, television, internet, or any combination thereof, in such a manner that the person supervising and/or providing the instruction and the student receiving the instruction are separated geographically.

No school of cosmetology or student of cosmetology can advertise student work to the public unless the work advertised is:

• Expressly as student work
• Performed within the cosmetology school
• Performed under the supervision of a licensed instructor of the cosmetology school

Cosmetology, Hair Designer Licensing Exams
The bill now allows practical demonstrations, such as chemical applications to the hair, during a cosmetology or hair designer licensing exam.

Postponing Your License Expiration Date
The bill allows the Board to defer a license or certificate expiration if an individual submits a request and pays a fee. The Board is required to provide 90-day notice to a licensee or certificate holder announcing their expiration date. A monthly reminder after the notice is sent must be provided until fees are paid.