reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1080 - Body art facility; license required; renewal.

38-1080.
Body art facility; license required; renewal.
(1) No person shall establish or operate a body art facility in this state unless such facility is licensed by the department under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act. The department shall not issue or renew a license for a body art facility until all applicable requirements of the act have been complied with and the facility has been inspected by the department. No person shall engage in any of the practices of body art in any location or premises other than a licensed body art facility except as specifically permitted in the act. The department shall issue a license to operate a body art facility to each qualified applicant.
(2) The procedure for renewing a body art facility license shall be in accordance with section 38-143, except that in addition to all other requirements, no body art facility license may be renewed unless the facility has attained a rating of satisfactory on its most recent operation inspection. The license of any facility not attaining such rating shall be placed on inactive status and shall not be open to the public until all deficiencies have been corrected.
(3) The license of a body art facility that has been revoked for any reason shall not be reinstated. An original application for licensure shall be submitted and approved before such facility can reopen for business.
(4) Each body art facility license shall be in effect solely for the owner or owners and premises named thereon and shall expire automatically upon any change of ownership or location. An original application for licensure shall be submitted and approved before such facility may reopen for business.
Source
Laws 2004, LB 906, § 26;
R.S.Supp.,2006, § 71-3,119.02;
Laws 2007, LB463, § 342.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1081 - Body art facility; operating requirements.

38-1081.
Body art facility; operating requirements.
(1) In order to maintain a license in good standing, each body art facility or the owner of such facility or his or her agent shall:
(a) At all times comply with all applicable provisions of the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act and all rules and regulations adopted and promulgated under such act;
(b) Notify the department at least thirty days prior to any change of ownership, name, or address, and within one week after a facility is permanently closed, except in emergency circumstances as determined by the department;
(c) Permit any duly authorized agent of the department to conduct an operation inspection or investigation at any time during normal operating hours, without prior notice, and the owner and manager shall assist the inspector by providing access to all areas, personnel, and records requested by the inspector; and
(d) Display in a conspicuous place near the place where body art is performed the following records:
(i) The then current license to operate the body art facility;
(ii) The then current license of each person performing body art; and
(iii) The inspection report from the most recent operation inspection.
(2) The owner of each body art facility shall have full responsibility for ensuring that the facility is operated in compliance with all applicable laws, rules, and regulations and shall be liable for any and all violations occurring in the facility.
Source
Laws 2004, LB 906, § 27;
R.S.Supp.,2006, § 71-3,119.03;
Laws 2007, LB463, § 343.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1082 - Salon, defined.

38-1082.
Salon, defined.
For purposes of sections 38-1083 to 38-1090, salon means cosmetology salon and esthetics salon.
Source
Laws 1986, LB 318, § 81;
Laws 2002, LB 241, § 32;
R.S.1943, (2003), § 71-3,120;
Laws 2007, LB463, § 344.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1083 - Salon; license; requirements.

38-1083.
Salon; license; requirements.
In order to be licensed as a salon by the department, an applicant shall meet, and present to the department evidence of meeting, the following requirements:
(1) The proposed salon shall be a fixed, permanent structure or part of one;
(2) The proposed salon shall be physically separated from all other business or residential activities except barbering, manicuring, pedicuring, and retail sales;
(3) The separation required in subdivision (2) of this section shall be by fixed walls or by partitions not less than six feet high;
(4) Areas of the salon used for barbering, manicuring, or pedicuring shall be clearly identified as such to the public by a sign and shall be visually distinct from other areas of the salon;
(5) All areas of the salon, including those used for manicures, pedicures, or retail sales, shall comply with the sanitary requirements of the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act;
(6) A salon located in a residence shall be entirely distinct and separate from any living quarters, except that there may be one connecting door to the living portion of the dwelling as an access entrance to the salon for the owner or operator, but such entrance shall not be for the use of the general public;
(7) The entrance into the proposed salon used by the general public shall lead directly from the outside to the salon, except that a salon located in a commercial building may have its entrance open from a public area such as a foyer, hallway, mall, concourse, or retail sales floor. Any salon in existence and licensed on August 30, 1987, shall not be required to comply with this subdivision;
(8) The proposed salon shall have at least one hundred fifty square feet of floor space. If more than one practitioner is to be employed in the salon at the same time, the salon shall contain an additional space of at least fifty square feet for each additional practitioner, except that a salon employing a licensee exclusively to perform home services need not provide additional space for such employee;
(9) The proposed salon shall include toilet facilities unless the salon is located in a commercial building in which public toilet facilities are available that open directly off of a public area; and
(10) The proposed salon shall meet all state or local building code and fire code requirements.
Source
Laws 1986, LB 318, § 82;
Laws 1987, LB 543, § 19;
R.S.1943, (2003), § 71-3,121;
Laws 2007, LB463, § 345.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1084 - Salon license; application; procedure; additional information.

38-1084.
Salon license; application; procedure; additional information.
Any person seeking a license to operate a salon shall submit a completed application at least thirty days before construction or remodeling of the building proposed for use is scheduled to begin. If no construction or remodeling is planned, the application shall be submitted at least thirty days before the proposed opening of the salon for operation. Along with the application the applicant shall submit:
(1) A detailed floor plan or blueprint of the proposed salon sufficient to demonstrate compliance with the requirements of section 38-1083; and
(2) Evidence of minimal property damage, bodily injury, and liability insurance coverage for the proposed salon.
Source
Laws 1986, LB 318, § 83;
R.S.1943, (2003), § 71-3,122;
Laws 2007, LB463, § 346.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1085 - Salon; application; review; denial; issuance; inspection.

38-1085.
Salon; application; review; denial; issuance; inspection.
Each application for a license to operate a salon shall be reviewed by the department for compliance with the requirements of the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act. In the event an application is denied, the applicant shall be informed in writing of the grounds for denial, and such denial shall not prejudice future applications by the applicant. In the event an application is approved, the department shall issue the applicant a certificate of consideration to operate a salon pending an operation inspection. The department shall conduct an operation inspection of each salon issued a certificate of consideration within six months of the issuance of such certificate. Salons passing the inspection shall be issued a permanent license. Salons failing the inspection shall submit within fifteen days evidence of corrective action taken to improve those aspects of operation found deficient. If evidence is not submitted within fifteen days or if after a second inspection the salon does not receive a satisfactory rating, it shall immediately relinquish its certificate of consideration and cease operation.
Source
Laws 1986, LB 318, § 84;
R.S.1943, (2003), § 71-3,123;
Laws 2007, LB463, § 347.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1086 - Licensed salon; operating requirements.

38-1086.
Licensed salon; operating requirements.
In order to maintain its license in good standing, each salon shall operate in accordance with the following requirements:
(1) The salon shall at all times comply with all applicable provisions of the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act and all rules and regulations adopted and promulgated under such act;
(2) The salon owner or his or her agent shall notify the department at least thirty days prior to any change of ownership, name, or address, and within one week if a salon is permanently closed, except in emergency circumstances as determined by the department;
(3) No salon shall permit any unlicensed person to perform any of the practices of cosmetology within its confines or employment;
(4) The salon shall display a name upon, over, or near the entrance door distinguishing it as a salon;
(5) The salon shall permit any duly authorized agent of the department to conduct an operation inspection or investigation at any time during the normal operating hours of the salon, without prior notice, and the owner and manager shall assist the inspector by providing access to all areas of the salon, all personnel, and all records requested by the inspector;
(6) The salon shall display in a conspicuous place the following records:
(a) The current license or certificate of consideration to operate a salon;
(b) The current licenses of all persons employed by or working in the salon; and
(c) The rating sheet from the most recent operation inspection;
(7) At no time shall a salon employ more employees than permitted by the square footage requirements of the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act; and
(8) The salon shall not knowingly permit its employees to use or consume intoxicating beverages upon its premises.
Source
Laws 1986, LB 318, § 85;
R.S.1943, (2003), § 71-3,124;
Laws 2007, LB463, § 348;
Laws 2018, LB731, § 25.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1087 - Salon license; renewal; insurance.

38-1087.
Salon license; renewal; insurance.
The procedure for renewing a salon license shall be in accordance with section 38-143, except that in addition to all other requirements, the salon shall submit evidence of minimal property damage, bodily injury, and liability insurance coverage for the salon.
Source
Laws 1986, LB 318, § 86;
Laws 2003, LB 242, § 86;
R.S.1943, (2003), § 71-3,125;
Laws 2007, LB463, § 349.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1088 - Salon license; revoked or expired; effect.

38-1088.
Salon license; revoked or expired; effect.
The license of a salon that has been revoked or expired for any reason shall not be reinstated. An original application for licensure shall be submitted and approved before such salon may reopen for business.
Source
Laws 1986, LB 318, § 87;
R.S.1943, (2003), § 71-3,126;
Laws 2007, LB463, § 350.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1089 - Salon license; change of ownership or location; effect.

38-1089.
Salon license; change of ownership or location; effect.
Each salon license issued shall be in effect solely for the owner or owners and premises named thereon and shall expire automatically upon any change of ownership or location. An original application for licensure shall be submitted and approved before such salon may reopen for business.
Source
Laws 1986, LB 318, § 88;
R.S.1943, (2003), § 71-3,127;
Laws 2007, LB463, § 351.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1090 - Salon owner; liability.

38-1090.
Salon owner; liability.
The owner of each salon shall have full responsibility for ensuring that the salon is operated in compliance with all applicable laws, rules, and regulations and shall be liable for any and all violations occurring in the salon.
Source
Laws 1986, LB 318, § 89;
R.S.1943, (2003), § 71-3,128;
Laws 2007, LB463, § 352.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1097 - School of cosmetology; license; requirements.

38-1097.
School of cosmetology; license; requirements.
In order to be licensed as a school of cosmetology by the department, an applicant shall meet and present to the department evidence of meeting the following requirements:
(1) The proposed school shall be a fixed permanent structure or part of one;
(2) The proposed school shall have a contracted enrollment of at least ten full-time or part-time students;
(3) The proposed school shall contain at least three thousand five hundred square feet of floor space and facilities, staff, apparatus, and equipment appropriate to its projected enrollment in accordance with the standards established by rule and regulation; and
(4) The proposed school shall not have the same entrance as or direct access to a cosmetology salon, esthetics salon, or nail technology salon.
A school of cosmetology is not required to be licensed as a school of esthetics in order to provide an esthetics training program or as a school of nail technology in order to provide a nail technology training program.
Source
Laws 1986, LB 318, § 97;
Laws 2002, LB 241, § 33;
R.S.1943, (2003), § 71-3,136;
Laws 2007, LB463, § 359;
Laws 2018, LB731, § 26.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1098 - School of cosmetology license; school of esthetics license; application.

38-1098.
School of cosmetology license; school of esthetics license; application.
Any person seeking a license to operate a school of cosmetology or school of esthetics shall submit a completed application at least thirty days before construction or remodeling of the building proposed for use is scheduled to begin. If no construction or remodeling is planned, the application shall be received at least thirty days before the proposed opening of the school.
Source
Laws 1986, LB 318, § 98;
Laws 1995, LB 83, § 38;
Laws 1997, LB 752, § 169;
Laws 2002, LB 241, § 35;
Laws 2004, LB 1005, § 31;
R.S.Supp.,2006, § 71-3,137;
Laws 2007, LB463, § 360.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1099 - School of cosmetology license; school of esthetics license; application; additional information.

38-1099.
School of cosmetology license; school of esthetics license; application; additional information.
Along with the application the applicant for a license to operate a school of cosmetology or school of esthetics shall submit:
(1) A detailed floor plan or blueprint of the proposed school building sufficient to show compliance with the relevant rules and regulations;
(2) Evidence of minimal property damage, personal injury, and liability insurance coverage for the proposed school;
(3) A copy of the curriculum to be taught for all courses;
(4) A copy of the school catalog, handbook, or policies and the student contract; and
(5) A list of the names and credentials of all licensees to be employed by the school.
Source
Laws 1986, LB 318, § 99;
Laws 2002, LB 241, § 36;
R.S.1943, (2003), § 71-3,138;
Laws 2007, LB463, § 361;
Laws 2018, LB731, § 27.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,100 - School of esthetics license; application; additional information.

38-10,100.
School of esthetics license; application; additional information.
In order to be licensed as a school of esthetics by the department, an applicant shall meet and present to the department evidence of meeting the following requirements:
(1) The proposed school shall be a fixed permanent structure or part of one;
(2) The proposed school shall have a contracted enrollment of at least four full-time or part-time students;
(3) The proposed school shall contain at least one thousand square feet of floor space and facilities, staff, apparatus, and equipment appropriate to its projected enrollment in accordance with the standards established by rule and regulation; and
(4) The proposed school shall not have the same entrance as or direct access to a cosmetology salon, an esthetics salon, or a nail technology salon.
Source
Laws 2002, LB 241, § 34;
R.S.1943, (2003), § 71-3,138.02;
Laws 2007, LB463, § 362;
Laws 2018, LB731, § 28.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,101 - School of cosmetology license; school of esthetics license; application; review; procedure; inspection.

38-10,101.
School of cosmetology license; school of esthetics license; application; review; procedure; inspection.
Each application for a license to operate a school of cosmetology or school of esthetics shall be reviewed by the department for compliance with the requirements of the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act. If an application is denied, the applicant shall be informed in writing of the grounds for denial and such denial shall not prejudice future applications by the applicant. If an application is accepted, the department shall immediately conduct an accreditation inspection of the proposed school. A school passing the inspection shall be issued a license and may begin operation as soon as the inspection results are received. If the proposed school fails the inspection, the applicant shall submit, within fifteen days, evidence of corrective action taken to improve those aspects of operation found deficient. If, after a second inspection to be conducted within thirty days of receipt of evidence, the school does not receive a satisfactory rating, or if evidence is not received within fifteen days, the application may be denied.
Source
Laws 1986, LB 318, § 100;
Laws 1995, LB 83, § 41;
Laws 2002, LB 241, § 37;
Laws 2004, LB 1005, § 32;
R.S.Supp.,2006, § 71-3,139;
Laws 2007, LB463, § 363.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,103 - School or apprentice salon; operation; student; apprentice; student instructor; requirements.

38-10,103.
School or apprentice salon; operation; student; apprentice; student instructor; requirements.
In order to maintain a school or apprentice salon license in good standing, each school or apprentice salon shall operate in accordance with the following:
(1) Every person accepted for enrollment as a standard student or apprentice shall show evidence that he or she attained the age of seventeen years on or before the date of his or her enrollment in a school of cosmetology, a school of esthetics, or an apprentice salon, has completed the equivalent of a high school education, has been accepted for enrollment at a school of cosmetology, a school of esthetics, or an apprentice salon, and has not undertaken any training in cosmetology or esthetics without being enrolled as a student or apprentice;
(2)(a) Every person accepted for enrollment as a special study student or apprentice shall show evidence that he or she:
(i) Has attained the age of seventeen years on or before the date of enrollment in a school of cosmetology, a school of esthetics, or an apprentice salon;
(ii) Has completed the tenth grade;
(iii) Has been accepted for enrollment at a school of cosmetology, a school of esthetics, or an apprentice salon; and
(iv) Is actively continuing his or her formal high school education on a full-time basis as determined by the department.
(b) An applicant for enrollment as a special study student or apprentice shall not have undertaken any training in cosmetology or esthetics without being enrolled as a student or apprentice.
(c) Special study students shall be limited to attending a school of cosmetology, a school of esthetics, or an apprentice salon for no more than eight hours per week during the school year;
(3) Every person accepted for enrollment as a student instructor shall show evidence of current licensure as a cosmetologist or esthetician in Nebraska and completion of formal education equivalent to a United States high school education; and
(4) No school of cosmetology, school of esthetics, or apprentice salon shall accept an individual for enrollment who does not provide evidence of meeting the age and education requirements.
Source
Laws 1986, LB 318, § 63;
Laws 1987, LB 543, § 11;
Laws 1995, LB 83, § 31;
Laws 2002, LB 241, § 26;
Laws 2004, LB 1005, § 28;
R.S.Supp.,2006, § 71-3,102;
Laws 2007, LB463, § 365;
Laws 2018, LB731, § 30.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,104 - Licensed school; additional operating requirements.

38-10,104.
Licensed school; additional operating requirements.
In order to maintain its license in good standing, each school of cosmetology or school of esthetics shall operate in accordance with the following requirements:
(1) All persons accepted for enrollment as students shall meet the qualifications established in section 38-10,103;
(2) The school shall, at all times the school is in operation, have at least one instructor in the school for each twenty students or fraction thereof enrolled in the school, except that freshman and advanced students shall be taught by different instructors in separate classes;
(3) The school shall not permit any student to render clinical services on members of the public with or without fees until such student has satisfactorily completed the freshman curriculum, except that the board may establish guidelines by which it may approve such practices as part of the freshman curriculum;
(4) No school shall pay direct compensation to any of its students. Student instructors may be paid as determined by the school;
(5) All students and student instructors shall be under the supervision of an instructor at all times, except that students shall be under the direct supervision of an instructor or student instructor at all times when cosmetology or esthetics services are being taught or performed and student instructors may independently supervise students after successfully completing at least one-half of the required instructor program;
(6) No student shall be permitted by the school to train or work in a school in any manner for more than ten hours a day; and
(7) The school shall not credit a student or student instructor with hours except when such hours were earned in the study or practice of cosmetology, esthetics, nail technology, or barbering in accordance with the required curriculum. Hours shall be credited on a daily basis. Once credited, hours cannot be removed or disallowed except by the department upon a finding that the hours have been wrongfully allowed.
Source
Laws 1986, LB 318, § 102;
Laws 1987, LB 543, § 21;
Laws 1995, LB 83, § 43;
Laws 2002, LB 241, § 39;
Laws 2004, LB 1005, § 34;
R.S.Supp.,2006, § 71-3,141;
Laws 2007, LB463, § 366;
Laws 2018, LB731, § 31.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,105 - Transfer of cosmetology student; requirements.

38-10,105.
Transfer of cosmetology student; requirements.
A student may transfer from one school of cosmetology to another school at any time without penalty if all tuition obligations to the school from which the student is transferring have been honored and if the student secures a letter from the school from which he or she is transferring stating that the student has not left any unfulfilled tuition obligations and stating the number of hours earned by the student at such school, including any hours the student transferred into that school, and the dates of attendance of the student at that school. The student may not begin training at the new school until such conditions have been fulfilled. The school to which the student is transferring shall be entitled to receive from the student's previous school, upon request, all records pertaining to the student.
Source
Laws 1986, LB 318, § 103;
R.S.1943, (2003), § 71-3,142;
Laws 2007, LB463, § 367;
Laws 2018, LB731, § 32.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,107 - Licensed barber; licensed cosmetologist; waiver of course requirements; conditions.

38-10,107.
Licensed barber; licensed cosmetologist; waiver of course requirements; conditions.
(1) Barbers licensed in the State of Nebraska attending a school of cosmetology may be given credit of one thousand hours of training applied toward the course hours required for graduation.
(2) Cosmetologists licensed in the State of Nebraska attending a barber school or college may be given credit of one thousand hours of training applied toward the course hours required for graduation.
Source
Laws 1986, LB 318, § 105;
R.S.1943, (2003), § 71-3,144;
Laws 2007, LB463, § 369;
Laws 2018, LB731, § 33.
Cross References
Barbering license under the Barber Act, see section 71-224.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,108 - School of cosmetology; student instructors; limitation.

38-10,108.
School of cosmetology; student instructors; limitation.
No school of cosmetology shall at any time enroll more than three student instructors for each full-time instructor actively working in and employed by the school.
Source
Laws 1986, LB 318, § 107;
R.S.1943, (2003), § 71-3,146;
Laws 2007, LB463, § 370;
Laws 2018, LB731, § 34.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,109 - School licenses; renewal; requirements; inactive status; revocation; effect.

38-10,109.
School licenses; renewal; requirements; inactive status; revocation; effect.
(1) The procedure for renewing a school license shall be in accordance with section 38-143, except that in addition to all other requirements, the school of cosmetology or school of esthetics shall provide evidence of minimal property damage, bodily injury, and liability insurance coverage and shall receive a satisfactory rating on an accreditation inspection conducted by the department within the six months immediately prior to the date of license renewal.
(2) Any school of cosmetology or school of esthetics which has current accreditation from an accrediting organization approved by the board shall be considered to satisfy the accreditation requirements outlined in this section, except that successful completion of an operation inspection shall be required. Each school of cosmetology or school of esthetics, whether or not it is accredited, shall satisfy all curriculum and sanitation requirements outlined in the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act to maintain its license.
(3) Any school not able to meet the requirements for license renewal shall have its license placed on inactive status until all deficiencies have been corrected, and the school shall not operate in any manner during the time its license is inactive. If the deficiencies are not corrected within six months of the date of license renewal, the license may be revoked unless the department approves an extension of the time limit. The license of a school that has been revoked or expired for any reason shall not be reinstated. An original application for licensure shall be submitted and approved before such school may reopen.
Source
Laws 1986, LB 318, § 108;
Laws 1995, LB 83, § 45;
Laws 2002, LB 241, § 41;
Laws 2003, LB 242, § 88;
Laws 2004, LB 1005, § 36;
R.S.1943, (2003), § 71-3,147;
Laws 2007, LB463, § 371;
Laws 2021, LB528, § 7.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,110 - School license; change of ownership or location; effect.

38-10,110.
School license; change of ownership or location; effect.
Each school license issued shall be in effect solely for the owner or owners and premises named thereon and shall expire automatically upon any change of ownership or change in the county of location. An original application for licensure shall be submitted and approved before such school may reopen, except that a school moving to a new location within the same county may do so by filing an application as required by the department, paying the required fee, submitting a new floor plan, and passing an operation inspection. Materials shall be received by the department no less than thirty days prior to the move, and all provisions of this section shall be complied with before the school may begin operation at its new location.
Source
Laws 1986, LB 318, § 109;
R.S.1943, (2003), § 71-3,148;
Laws 2007, LB463, § 372.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,111 - School of cosmetology; satellite classroom; license; requirements; waiver.

38-10,111.
School of cosmetology; satellite classroom; license; requirements; waiver.
Any school of cosmetology may apply to the department for a license to operate a satellite classroom. A satellite classroom shall be subject to all requirements of the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act and rules and regulations adopted and promulgated under such act, except as follows:
(1) A satellite classroom shall consist of classroom facilities only, and no clinical activities may be performed thereat. A satellite classroom shall contain a minimum of four hundred square feet of floor space;
(2) Students located at a satellite classroom may move to the home school, or vice versa, without being considered transfer students;
(3) Students in a satellite classroom shall be maintained on the same monthly report form as students in the home school; and
(4) No satellite classroom may operate in any manner unless the home school is at the time operating and possesses a full active license, except a satellite classroom may keep different days and hours of operation from those of its home school. The license to operate a satellite classroom shall be revoked or shall expire at the same time as that for its home school.
The department, with the recommendation of the board, may adopt and promulgate rules and regulations to modify or waive any of the operating or student requirements of a school of cosmetology for a satellite classroom if the department determines that such requirements are not applicable or appropriate to a satellite classroom.
Source
Laws 1986, LB 318, § 110;
R.S.1943, (2003), § 71-3,149;
Laws 2007, LB463, § 373.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,112 - School; owner; liability; manager required.

38-10,112.
School; owner; liability; manager required.
(1) The owner of each school of cosmetology or school of esthetics shall have full responsibility for ensuring that the school is operated in compliance with all applicable laws and rules and regulations and shall be liable for any and all violations occurring in the school.
(2) Each school of cosmetology or school of esthetics shall be operated by a manager who shall be present on the premises of the school no less than thirty-five hours each week. The manager may have responsibility for the daily operation of the school or satellite classroom.
Source
Laws 1986, LB 318, § 111;
Laws 1995, LB 83, § 46;
Laws 2002, LB 241, § 42;
Laws 2004, LB 1005, § 37;
R.S.Supp.,2006, § 71-3,150;
Laws 2007, LB463, § 374;
Laws 2018, LB731, § 35.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,113 - Apprentice salon; license; requirements.

38-10,113.
Apprentice salon; license; requirements.
In order to be licensed as an apprentice salon by the department, an applicant shall meet and present to the department evidence of meeting the following requirements:
(1) The proposed apprentice salon shall hold a current active license as a cosmetology salon or esthetics salon;
(2) The proposed apprentice salon shall employ or plan to employ one active instructor for each two apprentices or fraction thereof it enrolls; and
(3) The proposed apprentice salon shall provide an area of not less than one hundred square feet to be used solely for educational purposes.
Source
Laws 1986, LB 318, § 112;
Laws 2002, LB 241, § 43;
R.S.1943, (2003), § 71-3,151;
Laws 2007, LB463, § 375.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,114 - Apprentice salon license; application; procedure; additional information.

38-10,114.
Apprentice salon license; application; procedure; additional information.
Any person seeking a license to operate an apprentice salon shall submit a complete application at least thirty days before construction or remodeling of the building proposed for use is scheduled to begin. If no construction or remodeling is planned, the application shall be received at least thirty days before training of apprentices is scheduled to begin. Along with the application the applicant shall submit:
(1) A detailed floor plan or blueprint of the proposed apprentice salon sufficient to demonstrate compliance with the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act;
(2) Evidence of minimal property damage, bodily injury, and liability insurance coverage;
(3) A list of the names and qualifications of all instructors employed or proposed to be employed;
(4) Completed enrollment forms for all apprentices proposed to be enrolled;
(5) A copy of the rules the salon proposes to use for its apprentices;
(6) A copy of the apprentice contract;
(7) A copy of the curriculum proposed to be used;
(8) A proposed schedule of training for each apprentice; and
(9) A completed cosmetology education evaluation scale.
Source
Laws 1986, LB 318, § 113;
Laws 1997, LB 752, § 171;
R.S.1943, (2003), § 71-3,152;
Laws 2007, LB463, § 376.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,115 - Apprentice salon license; application; review; procedure; inspection.

38-10,115.
Apprentice salon license; application; review; procedure; inspection.
Each application for a license to operate an apprentice salon shall be reviewed by the department for compliance with the requirements of the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act. In the event an application is denied, the applicant shall be informed in writing of the grounds for denial and such denial shall not prejudice further applications by the applicant. In the event an application is approved, the department shall immediately conduct an operation inspection of the proposed apprentice salon. A salon passing the inspection shall be issued a license to operate and may begin training apprentices upon receipt of notification to such effect. A salon failing the operation inspection shall submit, within fifteen days, evidence of corrective action to improve those aspects of operation found deficient. If, after a second inspection to be conducted within thirty days of receipt of evidence, the salon does not receive a satisfactory rating, or if evidence is not submitted within fifteen days, the application may be denied.
Source
Laws 1986, LB 318, § 114;
R.S.1943, (2003), § 71-3,153;
Laws 2007, LB463, § 377.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,116 - Licensed apprentice salon; operating requirements.

38-10,116.
Licensed apprentice salon; operating requirements.
In order to maintain and renew its license in good standing, each apprentice salon shall operate in accordance with the following requirements:
(1) The apprentice salon shall at all times comply with all applicable provisions of the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act and all rules and regulations adopted and promulgated under such act;
(2) The salon shall maintain its salon license in good standing; and
(3) The salon shall operate in accordance with all operating requirements and all student requirements of a school of cosmetology or school of esthetics, except that the department, with the recommendation of the board, may adopt and promulgate rules and regulations to modify or waive any such requirements that are deemed not applicable to an apprentice salon.
Source
Laws 1986, LB 318, § 115;
Laws 2002, LB 241, § 44;
R.S.1943, (2003), § 71-3,154;
Laws 2007, LB463, § 378.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,117 - Apprentice salon license; revocation or expiration; effect.

38-10,117.
Apprentice salon license; revocation or expiration; effect.
The license of an apprentice salon that has been revoked or expired for any reason may not be reinstated. An original application for licensure shall be submitted and approved before such apprentice salon may accept apprentices for training.
Source
Laws 1986, LB 318, § 117;
R.S.1943, (2003), § 71-3,156;
Laws 2007, LB463, § 379.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,118 - Apprentice salon license; change of ownership or location; effect.

38-10,118.
Apprentice salon license; change of ownership or location; effect.
Each apprentice salon license issued shall be in effect solely for the owner or owners and premises named thereon and shall expire automatically upon any change of ownership or location. An original application for licensure shall be submitted and approved before such apprentice salon may accept apprentices for training.
Source
Laws 1986, LB 318, § 118;
R.S.1943, (2003), § 71-3,157;
Laws 2007, LB463, § 380.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,119 - Apprentice salon; owner liability.

38-10,119.
Apprentice salon; owner liability.
The owner of each apprentice salon shall have full responsibility for ensuring that the apprentice salon is operated in compliance with all applicable laws, rules, and regulations and shall be liable for any and all violations occurring in the apprentice salon.
Source
Laws 1986, LB 318, § 119;
R.S.1943, (2003), § 71-3,158;
Laws 2007, LB463, § 381.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,120 - Home services permit; issuance.

38-10,120.
Home services permit; issuance.
(1) A licensed cosmetology salon or esthetics salon may employ licensed cosmetologists and estheticians, according to the licensed activities of the salon, to perform home services by meeting the following requirements:
(a) In order to be issued a home services permit by the department, an applicant shall hold a current active salon license; and
(b) Any person seeking a home services permit shall submit a complete application at least ten days before the proposed date for beginning home services. Along with the application the applicant shall submit evidence of liability insurance or bonding.
(2) The department shall issue a home services permit to each applicant meeting the requirements set forth in this section.
Source
Laws 1986, LB 318, § 120;
Laws 1995, LB 83, § 47;
Laws 2002, LB 241, § 46;
R.S.1943, (2003), § 71-3,159;
Laws 2007, LB463, § 382;
Laws 2018, LB731, § 36.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,121 - Home services permit; requirements.

38-10,121.
Home services permit; requirements.
In order to maintain in good standing or renew its home services permit, a salon shall at all times operate in accordance with all requirements for operation, maintain its license in good standing, and comply with the following requirements:
(1)(a) Clients receiving home services shall be in emergency or persistent circumstances which shall generally be defined as any condition sufficiently immobilizing to prevent the client from leaving his or her residence regularly to conduct routine affairs of daily living such as grocery shopping, visiting friends and relatives, attending social events, attending worship services, and other similar activities.
(b) Emergency or persistent circumstances may include such conditions or situations as:
(i) Chronic illness or injury leaving the client bedridden or with severely restricted mobility;
(ii) Extreme general infirmity such as that associated with the aging process;
(iii) Temporary conditions including, but not limited to, immobilizing injury and recuperation from serious illness or surgery;
(iv) Having sole responsibility for the care of an invalid dependent or a mentally disabled person requiring constant attention;
(v) Mental disability that significantly limits the client in areas of functioning described in subdivision (1)(a) of this section; or
(vi) Any other conditions that, in the opinion of the department, meet the general definition of emergency or persistent circumstances;
(2) The salon shall determine that each person receiving home services meets the requirements of subdivision (1) of this section and shall:
(a) Complete a client information form supplied by the department before home services may be provided to any client; and
(b) Keep on file the client information forms of all clients it is currently providing with home services or to whom it has provided such services within the past two years;
(3) The salon shall employ or contract with persons licensed under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act to provide home services and shall not permit any person to perform any home services under its authority for which he or she is not licensed;
(4) No client shall be left unattended while any chemical service is in progress or while any electrical appliance is in use; and
(5) Each salon providing home services shall post a daily itinerary for each licensee providing home services. The kit for each licensee shall be available for inspection at the salon or at the home of the client receiving services.
Source
Laws 1986, LB 318, § 121;
Laws 1995, LB 83, § 48;
R.S.1943, (2003), § 71-3,160;
Laws 2007, LB463, § 383;
Laws 2020, LB755, § 1.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,122 - Home services; inspections.

38-10,122.
Home services; inspections.
Agents of the department may make operation inspections in the homes of clients if such inspections are limited to the activities, procedures, and materials of the licensee providing home services.
Source
Laws 1986, LB 318, § 122;
R.S.1943, (2003), § 71-3,161;
Laws 2007, LB463, § 384.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,123 - Home services; requirements.

38-10,123.
Home services; requirements.
No licensee may perform home services except when employed by or under contract to a salon holding a valid home services permit.
Source
Laws 1986, LB 318, § 123;
Laws 1987, LB 543, § 23;
Laws 1995, LB 83, § 49;
R.S.1943, (2003), § 71-3,162;
Laws 2007, LB463, § 385.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,124 - Home services permit; renewal; revocation or expiration; effect.

38-10,124.
Home services permit; renewal; revocation or expiration; effect.
Each home services permit shall be subject to renewal at the same time as the salon license and shall be renewed upon request of the permitholder if the salon is operating its home services in compliance with the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act and if the salon license is renewed. No permit that has been revoked or expired may be reinstated or transferred to another owner or location.
Source
Laws 1986, LB 318, § 124;
Laws 1995, LB 83, § 50;
R.S.1943, (2003), § 71-3,163;
Laws 2007, LB463, § 386.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,125 - Home services permit; owner; liability.

38-10,125.
Home services permit; owner; liability.
The owner of each salon holding a home services permit shall have full responsibility for ensuring that the home services are provided in compliance with all applicable laws and rules and regulations and shall be liable for any violations which occur.
Source
Laws 1986, LB 318, § 125;
Laws 1995, LB 83, § 51;
R.S.1943, (2003), § 71-3,164;
Laws 2007, LB463, § 387.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,125.01 - Mobile cosmetology salon; license; requirements.

38-10,125.01.
Mobile cosmetology salon; license; requirements.
In order to be licensed as a mobile cosmetology salon by the department, an applicant shall meet, and present to the department evidence of meeting, the following requirements:
(1) The proposed salon is a self-contained, self-supporting, enclosed mobile unit;
(2)(a)(i) The mobile unit has a global positioning system tracking device that enables the department to track the location of the salon over the Internet;
(ii) The device is on board the mobile unit and functioning at all times the salon is in operation or open for business; and
(iii) The owner of the salon provides the department with all information necessary to track the salon over the Internet; or
(b) The owner of the salon submits to the department, in a manner specified by the department, a weekly itinerary showing the dates, exact locations, and times that cosmetology services are scheduled to be provided. The owner shall submit the itinerary not less than seven calendar days prior to the beginning of the service described in the itinerary and shall submit to the department any changes in the itinerary not less than twenty-four hours prior to the change. A salon shall follow the itinerary in providing service and notify the department of any changes;
(3) The salon has insurance coverage which meets the requirements of the department for the mobile unit;
(4) The salon is clearly identified as such to the public by a sign;
(5) The salon complies with the sanitary requirements of the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act;
(6) The entrance into the proposed salon used by the general public provides safe access by the public;
(7) The proposed salon has at least one hundred fifty square feet of floor space. If more than one practitioner is to be employed in the salon at the same time, the salon shall contain an additional space of at least fifty square feet for each additional practitioner; and
(8) The proposed salon includes a functional sink and toilet facilities and maintains an adequate supply of clean water and wastewater storage capacity.
Source
Laws 2018, LB731, § 37.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,125.02 - Mobile cosmetology salon license; application.

38-10,125.02.
Mobile cosmetology salon license; application.
Any person seeking a license to operate a mobile cosmetology salon shall submit a completed application to the department, and along with the application, the applicant shall submit a detailed floor plan or blueprint of the proposed salon sufficient to demonstrate compliance with the requirements of section 38-10,125.01.
Source
Laws 2018, LB731, § 38.