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LEGISLATURE OF NEBRASKA
ONE HUNDRED SIXTH LEGISLATURE
FIRST SESSION
LEGISLATIVE BILL 607
Introduced by Kolterman, 24.
Read first time January 23, 2019
Committee: Health and Human Services
1 A BILL FOR AN ACT relating to the Cosmetology, Electrology, Esthetics,
2 Nail Technology, and Body Art Practice Act; to amend sections
3 38-1008, 38-1033, 38-1035, 38-1037, 38-1040, 38-1041, 38-1044,
4 38-1053, 38-1054, 38-1055, 38-1060, 38-1064, 38-10,167, and
5 38-10,169, Reissue Revised Statutes of Nebraska, and sections
6 38-1001, 38-1004, 38-1061, 38-1062, 38-1066, 38-1067, 38-1069,
7 38-1075, 38-10,128, and 38-10,171, Revised Statutes Cumulative
8 Supplement, 2018; to define and redefine terms; to change provisions
9 relating to permanent color technology and licensure by examination;
10 to provide for registration of a guest body artist and licensure of
11 a temporary body art facility and a nail technology apprentice
12 salon; to harmonize provisions; and to repeal the original sections.
13 Be it enacted by the people of the State of Nebraska,
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1 Section 1. Section 38-1001, Revised Statutes Cumulative Supplement,
2 2018, is amended to read:
3 38-1001 Sections 38-1001 to 38-10,171 and sections 4, 7, 8, 12, 17,
4 25, 27, 28, and 30 to 36 of this act shall be known and may be cited as
5 the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art
6 Practice Act.
7 Sec. 2. Section 38-1004, Revised Statutes Cumulative Supplement,
8 2018, is amended to read:
9 38-1004 For purposes of the Cosmetology, Electrology, Esthetics,
10 Nail Technology, and Body Art Practice Act and elsewhere in the Uniform
11 Credentialing Act, unless the context otherwise requires, the definitions
12 found in sections 38-1005 to 38-1056 and sections 4, 7, 8, 12, and 17 of
13 this act apply.
14 Sec. 3. Section 38-1008, Reissue Revised Statutes of Nebraska, is
15 amended to read:
16 38-1008 Body art means body piercing, branding, permanent cosmetic
17 tattooing color technology, and tattooing.
18 Sec. 4. Guest body artist means a person temporarily registered
19 under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body
20 Art Practice Act to perform body art under the sponsorship of a licensed
21 body art facility or a person licensed under the act to perform body art.
22 Sec. 5. Section 38-1033, Reissue Revised Statutes of Nebraska, is
23 amended to read:
24 38-1033 Manicuring means the practice of performing any or all of
25 the acts of cutting, filing, buffing, shaping, trimming, polishing,
26 coloring, tinting, or cleansing, reshaping on the natural fingernails of
27 a person, or cleansing or other similar cosmetic or sanitary acts on the
28 natural fingernails, hands, or arms below the elbow or toenails of a
29 person but does not include the practice of nail technology.
30 Sec. 6. Section 38-1035, Reissue Revised Statutes of Nebraska, is
31 amended to read:
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1 38-1035 Nail technology means (1) performing any or all of the acts
2 of manicuring or pedicuring, (2) attaching, applying, fitting, shaping,
3 or adjusting artificial nails using acrylic, resin, fabric, or gel
4 application systems, (3) (2) sanitizing of the nail bed or nail plate by
5 brushing on or spraying material in preparation for attaching, fitting,
6 shaping, or adjusting artificial nails using acrylic, resin, fabric, or
7 gel application systems, (4) (3) cutting, filing, buffing, shaping,
8 trimming, polishing, coloring, tinting, cleansing, reshaping, or other
9 cosmetic acts on the nails of a person when done in conjunction with the
10 activities described in subdivisions (1) through (3) and (2) of this
11 section, (5) (4) the ability to detect infection, fungus, or nail
12 disorders that contraindicate the application of artificial nails or
13 services performed on natural nails, (6) and (5) cleansing, stimulating,
14 manipulating, exercising, exfoliating, using chemicals to safely reduce
15 callused skin, or similar acts on the hands, or feet, arms, or legs of
16 any person when done in conjunction with the activities described in
17 subdivisions (1) through (3) and (2) of this section, and (7) removing
18 polish, acrylic, resin, fabric, or gel from nails. Nail technology does
19 not include cutting nail beds, corns, or calluses or medical treatment
20 involving the feet, hands, or nails.
21 Sec. 7. Nail technology apprentice means a person engaged in the
22 study of the practice of nail technology under the supervision of a nail
23 technology instructor in an apprentice salon or a nail technology
24 apprentice salon.
25 Sec. 8. Nail technology apprentice salon means a cosmetology salon
26 or a nail technology salon licensed under the Cosmetology, Electrology,
27 Esthetics, Nail Technology, and Body Art Practice Act to serve as the
28 site for the teaching of the practices of nail technology to a nail
29 technology apprentice.
30 Sec. 9. Section 38-1037, Reissue Revised Statutes of Nebraska, is
31 amended to read:
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1 38-1037 Nail technology instructor means a person licensed under the
2 Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art
3 Practice Act to teach the practices of nail technology in a school of
4 cosmetology, an apprentice salon, a nail technology school, or nail
5 technology apprentice salon.
6 Sec. 10. Section 38-1040, Reissue Revised Statutes of Nebraska, is
7 amended to read:
8 38-1040 Nail technology student means a person engaged in the study
9 of the practices of nail technology under the supervision of a nail
10 technology instructor in a school of cosmetology, an apprentice salon, a
11 nail technology school, or a nail technology apprentice salon.
12 Sec. 11. Section 38-1041, Reissue Revised Statutes of Nebraska, is
13 amended to read:
14 38-1041 Nail technology student instructor means a person engaged in
15 nail technology instructor's training in a school of cosmetology, an
16 apprentice salon, a nail technology school, or a nail technology
17 apprentice salon to teach nail technology students in a school of
18 cosmetology, an apprentice salon, a nail technology school, or a nail
19 technology apprentice salon under the supervision of a nail technology
20 instructor.
21 Sec. 12. Pedicuring means the practice of performing any or all of
22 the acts of cutting, filing, buffing, shaping, trimming, polishing,
23 coloring, tinting, or reshaping on the natural toenails of a person or
24 cleansing or other similar cosmetic or sanitary acts on the natural
25 toenails, feet, or legs below the knee of a person.
26 Sec. 13. Section 38-1044, Reissue Revised Statutes of Nebraska, is
27 amended to read:
28 38-1044 Permanent cosmetic tattooing color technology means the
29 process of tattooing eyebrows, eyelids, lips, and other parts of the body
30 with beauty marks, hair imitation, scar camouflage, or areola
31 repigmentation, whether permanent, semipermanent, or temporary, by a
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1 person other than a licensed physician. Cosmetic tattooing includes any
2 procedure referred to as permanent makeup, microdermapigmentation,
3 micropigment implantation, microblading, or dermagraphics by which the
4 skin is marked or colored by insertion of nontoxic dyes or pigments into
5 or under the subcutaneous portion of the skin upon the body of a live
6 human being so as to form indelible marks for cosmetic purposes.
7 Sec. 14. Section 38-1053, Reissue Revised Statutes of Nebraska, is
8 amended to read:
9 38-1053 Tattoo means the indelible decorative mark, figure, or
10 design introduced by insertion of nontoxic dyes or pigments into or under
11 the subcutaneous portion of the skin upon the body of a live human being.
12 Sec. 15. Section 38-1054, Reissue Revised Statutes of Nebraska, is
13 amended to read:
14 38-1054 Tattooing means the process by which the skin is marked or
15 colored by insertion of nontoxic dyes or pigments into or under the
16 subcutaneous portion of the skin upon the body of a live human being so
17 as to form indelible marks for decorative or figurative purposes.
18 Sec. 16. Section 38-1055, Reissue Revised Statutes of Nebraska, is
19 amended to read:
20 38-1055 Teaching means the act of imparting and demonstrating
21 knowledge of cosmetology, nail technology, esthetics, or electrology
22 theory and practices to students, nail technology students, nail
23 technology apprentices, or apprentices in an apprentice salon, a school
24 of cosmetology, a nail technology apprentice salon, a nail technology
25 school, or a school of esthetics by an instructor, an esthetics
26 instructor, a nail technology instructor, a nail technology student
27 instructor, or a student instructor for the purpose of preparing the
28 students, nail technology students, nail technology student instructors,
29 nail technology apprentices, or apprentices to engage in the occupations
30 of cosmetology, nail technology, esthetics, or electrology.
31 Sec. 17. Temporary body art facility means any nonmobile, enclosed
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1 room or space with a dedicated physical address licensed by the
2 department where body art is performed or where the business of body art
3 is conducted for a period of time of not more than seventy-two
4 consecutive hours in conjunction with a single event.
5 Sec. 18. Section 38-1060, Reissue Revised Statutes of Nebraska, is
6 amended to read:
7 38-1060 (1) No person shall perform any of the practices of body art
8 or display a sign to, or in any other way, advertise or purport to be
9 engaged in the business of practicing body art unless such person is
10 licensed by, or registered as a guest body artist with, the department.
11 (2) An applicant for licensure in any of the practices of body art
12 shall show to the satisfaction of the department that the applicant:
13 (a) Has complied with the Cosmetology, Electrology, Esthetics, Nail
14 Technology, and Body Art Practice Act and the applicable rules and
15 regulations adopted and promulgated under the act;
16 (b) Is at least eighteen years of age;
17 (c) Has completed formal education equivalent to a United States
18 high school education;
19 (d) Has submitted evidence of training or experience prescribed or
20 approved by the board to ensure the protection of the public in
21 performing the practices of body art for which the applicant is seeking
22 licensure; and
23 (e) Has successfully completed an examination prescribed or approved
24 by the board to test the applicant's knowledge of safety, sanitation, and
25 sterilization techniques and infection control practices and
26 requirements.
27 (3) An applicant for temporary registration as a guest body artist
28 shall show to the satisfaction of the department that the applicant:
29 (a) Has complied with the Cosmetology, Electrology, Esthetics, Nail
30 Technology, and Body Art Practice Act and the applicable rules and
31 regulations adopted and promulgated under the act;
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1 (b) Is at least eighteen years of age;
2 (c) Is sponsored by a licensed body art facility or a person
3 licensed under the act to perform body art;
4 (d) Has successfully completed a blood-borne pathogen course within
5 the year prior to application;
6 (e) Is licensed or otherwise credentialed as a body artist in good
7 standing in another jurisdiction; and
8 (f) Has applied at least thirty days prior to when the applicant
9 will perform body art in this state.
10 Sec. 19. Section 38-1061, Revised Statutes Cumulative Supplement,
11 2018, is amended to read:
12 38-1061 (1) All practitioners shall be licensed or registered by the
13 department under the Cosmetology, Electrology, Esthetics, Nail
14 Technology, and Body Art Practice Act in a category or categories
15 appropriate to their practice.
16 (2) Licensure shall be required before any person may engage in the
17 full, unsupervised practice or teaching of cosmetology, electrology,
18 esthetics, nail technology, or body art, and no person may assume the
19 title of cosmetologist, electrologist, esthetician, instructor, nail
20 technician, nail technology instructor, esthetics instructor, permanent
21 cosmetic tattoo artist color technician, tattoo artist, body piercer, or
22 body brander without first being licensed by the department.
23 (3) Registration shall be required before any person may engage in
24 the performance of body art or use the title of guest body artist.
25 (4) (3) All licensed practitioners shall practice in an appropriate
26 licensed establishment or facility.
27 Sec. 20. Section 38-1062, Revised Statutes Cumulative Supplement,
28 2018, is amended to read:
29 38-1062 In order to be licensed by the department by examination, an
30 individual shall meet, and present to the department evidence of meeting,
31 the following requirements:
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1 (1) Has attained the age of seventeen years on or before the
2 beginning date of the examination for which application is being made;
3 (2) Has completed formal education equivalent to a United States
4 high school education;
5 (3) Possesses a minimum competency in the knowledge and skills
6 necessary to perform the practices for which licensure is sought, as
7 evidenced by successful completion of an examination in the appropriate
8 practices approved by the board and administered by the department; and
9 (4) Possesses sufficient ability to read the English language to
10 permit the applicant to practice in a safe manner, as evidenced by
11 successful completion of the written examination; and
12 (4) (5) Has graduated from a school of cosmetology or an apprentice
13 salon in or outside of Nebraska, a school of esthetics in or outside of
14 Nebraska, or a school of electrolysis upon completion of a program of
15 studies appropriate to the practices for which licensure is being sought,
16 as evidenced by a diploma or certificate from the school or apprentice
17 salon to the effect that the applicant has complied with the following:
18 (a) For licensure as a cosmetologist, the program of studies shall
19 consist of a minimum of one thousand eight hundred hours;
20 (b) For licensure as an esthetician, the program of studies shall
21 consist of a mi