reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,125.03 - Mobile cosmetology salon; application; review; denial; inspection.

38-10,125.03.
Mobile cosmetology salon; application; review; denial; inspection.
Each application for a license to operate a mobile cosmetology salon 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 approved, the department shall issue the applicant a certificate of consideration to operate a mobile cosmetology salon pending an operation inspection. The department shall conduct an operation inspection of each salon issued a certificate of consideration within six months after the issuance of such certificate. A salon which passes the inspection shall be issued a permanent license. A salon which fails 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 2018, LB731, § 39.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,125.04 - Mobile cosmetology salon; operating requirements.

38-10,125.04.
Mobile cosmetology salon; operating requirements.
In order to maintain its license in good standing, each mobile cosmetology 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 the act;
(2) The salon owner or his or her agent shall notify the department of any change of ownership, name, or office address and if a salon is permanently closed;
(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 licensed under the act who are 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;
(8) No cosmetology services may be performed in a salon while the salon is moving. The salon must be safely and legally parked in a legal parking space at all times while clients are present inside the salon. A salon shall not park or conduct business within three hundred feet of another licensed cosmetology establishment. The department is not responsible for monitoring for enforcement of this subdivision but may discipline a license for a reported and verified violation;
(9) The owner of the salon shall maintain a permanent business address at which correspondence from the department may be received and records of appointments, license numbers, and vehicle identification numbers shall be kept for each salon being operated by the owner. The owner shall make such records available for verification and inspection by the department; and
(10) The salon shall not knowingly permit its employees or clients to use, consume, serve, or in any manner possess or distribute intoxicating beverages or controlled substances upon its premises.
Source
Laws 2018, LB731, § 40.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,125.05 - Mobile cosmetology salon license; renewal.

38-10,125.05.
Mobile cosmetology salon license; renewal.
The procedure for renewing a mobile cosmetology 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 and evidence of coverage which meets the requirements of the Motor Vehicle Registration Act for the salon.
Source
Laws 2018, LB731, § 41.
Cross References
Motor Vehicle Registration Act, see section 60-301.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,125.06 - Mobile cosmetology salon license; revocation or expiration; effect.

38-10,125.06.
Mobile cosmetology salon license; revocation or expiration; effect.
The license of a mobile cosmetology 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 2018, LB731, § 42.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,125.07 - Mobile cosmetology salon license; change of ownership or mobile unit; effect.

38-10,125.07.
Mobile cosmetology salon license; change of ownership or mobile unit; effect.
Each mobile cosmetology salon license issued shall be in effect solely for the owner or owners and the mobile unit named thereon and shall expire automatically upon any change of ownership or mobile unit. An original application for licensure shall be submitted and approved before such salon may reopen for business.
Source
Laws 2018, LB731, § 43.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,125.08 - Mobile cosmetology salon; owner liability.

38-10,125.08.
Mobile cosmetology salon; owner liability.
The owner of each mobile cosmetology 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 2018, LB731, § 44.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,126 - Nail technology activities; licensure required.

38-10,126.
Nail technology activities; licensure required.
Licensure shall be required before any person may engage in the full, unsupervised practice of nail technology. No person may assume the title of nail technician or nail technology instructor without first being licensed under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act. No person, group, company, or other entity shall operate, advertise, or hold himself, herself, or itself out as operating a nail technology establishment in which any of the practices of nail technology are carried out unless such nail technology establishment is licensed under the act. No person shall provide nail technology services unless he or she practices in a currently licensed cosmetology establishment or nail technology establishment.
Source
Laws 1999, LB 68, § 28;
R.S.1943, (2003), § 71-3,180;
Laws 2007, LB463, § 388.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,127 - Nail technology activities; enumerated.

38-10,127.
Nail technology activities; enumerated.
No person, group, company, limited liability company, or other entity shall engage in any of the following acts without being licensed as required by the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act, unless specifically excepted by the act:
(1) Performing or advertising or holding oneself out as performing or qualified to perform any of the practices of nail technology;
(2) Teaching or advertising or holding oneself out as teaching or qualified to teach any of the practices of nail technology; or
(3) Operating or advertising or holding oneself out as operating an establishment in which any of the practices of nail technology are performed or taught.
Source
Laws 1999, LB 68, § 29;
R.S.1943, (2003), § 71-3,181;
Laws 2007, LB463, § 389.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,128 - Nail technician or instructor; licensure by examination; requirements.

38-10,128.
Nail technician or instructor; licensure by examination; requirements.
In order to be licensed as a nail technician or nail technology instructor by examination, an individual shall meet, and present to the department evidence of meeting, the following requirements:
(1) He or she has attained the age of seventeen years on or before the beginning date of the examination for which application is being made;
(2) He or she has completed formal education equivalent to a United States high school education;
(3) He or she possesses sufficient ability to read the English language to permit the applicant to practice in a safe manner, as evidenced by successful completion of the written examination; and
(4) He or she has graduated from a school of cosmetology or nail technology school providing a nail technology program. Evidence of graduation shall include documentation of the total number of hours of training earned and a diploma or certificate from the school to the effect that the applicant has complied with the following:
(a) For licensure as a nail technician, the program of studies shall consist of three hundred hours; and
(b) For licensure as a nail technology instructor, the program of studies shall consist of three hundred hours beyond the program of studies required for licensure as a nail technician and the individual shall be currently licensed as a nail technician in Nebraska as evidenced by possession of a valid Nebraska nail technician license.
The department shall grant a license in the appropriate category to any person meeting the requirements specified in this section.
Source
Laws 1999, LB 68, § 31;
R.S.1943, (2003), § 71-3,183;
Laws 2007, LB463, § 390;
Laws 2018, LB731, § 45.
Cross References
Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,129 - Application for nail technology licensure; procedure.

38-10,129.
Application for nail technology licensure; procedure.
No application for any type of licensure shall be considered complete unless all information requested on the application form has been supplied, all seals and signatures required have been obtained, and all supporting and documentary evidence has been received by the department.
Source
Laws 1999, LB 68, § 32;
Laws 2003, LB 242, § 91;
R.S.1943, (2003), § 71-3,184;
Laws 2007, LB463, § 391;
Laws 2018, LB731, § 46.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,130 - Licensure; examinations; duties; examinees.

38-10,130.
Licensure; examinations; duties; examinees.
The board shall approve and the department shall cause examinations to be administered as required for licensure in nail technology under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act for the purpose of establishing the possession of minimum competency in the knowledge and skills required on the part of the applicant.
Source
Laws 1999, LB 68, § 34;
R.S.1943, (2003), § 71-3,186;
Laws 2007, LB463, § 392.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,131 - Examinations; requirements; grades.

38-10,131.
Examinations; requirements; grades.
(1) Examinations approved by the board may be national standardized examinations, but in all cases the examinations shall be related to the knowledge and skills necessary to perform the practices being examined and shall be related to the curricula required to be taught in nail technology programs.
(2) In order to successfully complete the examination, an applicant shall obtain an average grade of seventy-five percent on the written examination.
Source
Laws 1999, LB 68, § 35;
R.S.1943, (2003), § 71-3,187;
Laws 2007, LB463, § 393;
Laws 2018, LB731, § 47.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,132 - Nail technician or instructor; reciprocity; requirements; military spouse; temporary license.

38-10,132.
Nail technician or instructor; reciprocity; requirements; military spouse; temporary license.
(1) The department may grant a license based on licensure in another jurisdiction to a nail technician or nail technology instructor who presents proof of the following:
(a) He or she has attained the age of seventeen years;
(b) He or she has completed formal education equivalent to a United States high school education;
(c) He or she is currently licensed as a nail technician or its equivalent or as a nail technology instructor or its equivalent in another jurisdiction and he or she has never been disciplined or had his or her license revoked;
(d) For licensure as a nail technician, evidence of completion of a program of nail technician studies consisting of three hundred hours and successful passage of a written examination. If a written examination was not required for licensure in another jurisdiction, the applicant must take the Nebraska written examination. Each month of full-time practice as a nail technician within the five years immediately preceding application shall be valued as equivalent to one hundred hours toward a nail technician license; and
(e) For licensure as a nail technology instructor, evidence of completion of a program of studies consisting of three hundred hours beyond the program of studies required for licensure in another jurisdiction as a nail technician, successful passage of a written examination, and current licensure as a nail technician in Nebraska as evidenced by possessing a valid Nebraska nail technician license. If a written examination was not required for licensure as a nail technology instructor, the applicant must take the Nebraska written examination. Each month of full-time practice as a nail technology instructor within the five years immediately preceding application shall be valued as equivalent to one hundred hours toward a nail technology instructor license.
(2) An applicant who is a military spouse may apply for a temporary license as provided in section 38-129.01.
Source
Laws 1999, LB 68, § 39;
R.S.1943, (2003), § 71-3,191;
Laws 2007, LB463, § 394;
Laws 2017, LB88, § 46;
Laws 2018, LB731, § 48.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,133 - Nail technology license; display.

38-10,133.
Nail technology license; display.
Every person holding a license in nail technology issued by the department under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act shall display it in a conspicuous place in his or her principal place of employment, and every nail technology establishment shall so display the then current licenses of all practitioners there employed.
Source
Laws 1999, LB 68, § 40;
R.S.1943, (2003), § 71-3,192;
Laws 2007, LB463, § 395;
Laws 2018, LB731, § 49.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,134 - Nail technology temporary practitioner; licensure required.

38-10,134.
Nail technology temporary practitioner; licensure required.
Licensure shall be required before any person may act as a nail technology temporary practitioner, and no person shall assume such title without first being licensed by the department under section 38-10,135.
Source
Laws 1999, LB 68, § 41;
R.S.1943, (2003), § 71-3,193;
Laws 2007, LB463, § 396.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,135 - Nail technology temporary practitioner; application; qualifications.

38-10,135.
Nail technology temporary practitioner; application; qualifications.
An applicant for licensure as a nail technology temporary practitioner shall show evidence that his or her completed application for regular licensure has been accepted by the department, that he or she has not failed any portion of the licensure examination, and that he or she has been accepted for work in a licensed nail technology or cosmetology establishment under the supervision of a licensed nail technician or licensed cosmetologist.
Source
Laws 1999, LB 68, § 42;
R.S.1943, (2003), § 71-3,194;
Laws 2007, LB463, § 397;
Laws 2018, LB731, § 50.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,136 - Nail technology temporary practitioner; expiration of license; extension.

38-10,136.
Nail technology temporary practitioner; expiration of license; extension.
A license as a nail technology temporary practitioner shall be granted for a set period of time and cannot be renewed. The license shall expire eight weeks following the date of issuance or upon receipt of examination results, whichever occurs first. The license of a temporary practitioner who fails to take the first scheduled examination shall expire immediately unless the department finds that the temporary practitioner was unable to attend the examination due to an emergency or other valid circumstances. If the department so finds, it may extend the license for an additional eight weeks or until receipt of the examination results, whichever occurs first. No license may be extended in such manner more than once for each temporary practitioner.
Source
Laws 1999, LB 68, § 43;
R.S.1943, (2003), § 71-3,195;
Laws 2007, LB463, § 398.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,137 - Continuing competency; limited exemption.

38-10,137.
Continuing competency; limited exemption.
The department, with the recommendation of the board, may waive continuing competency requirements, in part or in total, for any two-year licensing period when a licensee submits documentation that circumstances beyond his or her control prevented completion of such requirements as provided in section 38-146. In addition to circumstances determined by the department to be beyond the licensee's control pursuant to such section, a nail technology instructor who meets the continuing competency requirements for the nail technology instructor's license shall be exempt from meeting the continuing competency requirements for his or her nail technician license for that biennium.
Source
Laws 1999, LB 68, § 55;
Laws 2002, LB 1021, § 53;
R.S.1943, (2003), § 71-3,206;
Laws 2007, LB463, § 399.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,138 - Nail technology establishment; license required.

38-10,138.
Nail technology establishment; license required.
No person shall operate or profess or attempt to operate a nail technology establishment unless such establishment 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 nail technology establishment until all requirements of the act have been complied with. No person shall engage in any of the practices of nail technology in any location or premises other than a licensed nail technology or cosmetology establishment except as specifically permitted in the act.
Source
Laws 1999, LB 68, § 57;
R.S.1943, (2003), § 71-3,208;
Laws 2007, LB463, § 400.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,139 - Nail technology salon; license; requirements.

38-10,139.
Nail technology salon; license; requirements.
In order to be licensed as a nail technology salon by the department, an applicant shall meet, and present to the department evidence of meeting, the following requirements:
(1) The proposed nail technology salon shall be a fixed, permanent structure or part of one;
(2) The proposed nail technology salon shall be physically separated from all other business or residential activities except cosmetology, 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) All areas of the nail technology salon, including those used for manicuring, pedicuring, or retail sales, shall comply with the sanitary requirements of the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act;
(5) A nail technology 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;
(6) The entrance into the proposed nail technology 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. The requirements of this subdivision do not apply to nail salons located within licensed cosmetology salons;
(7) The proposed nail technology 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;
(8) The proposed nail technology 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;
(9) The proposed nail technology salon shall have handwashing facilities within the salon; and
(10) The proposed nail technology salon shall meet all state or local building code and fire code requirements.
Source
Laws 1999, LB 68, § 59;
R.S.1943, (2003), § 71-3,210;
Laws 2007, LB463, § 401.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,140 - Nail technology salon; license application.

38-10,140.
Nail technology salon; license application.
Any person seeking a license to operate a nail technology 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 38-10,139; and
(2) Evidence of minimal property damage, bodily injury, and liability insurance coverage for the proposed salon.
Source
Laws 1999, LB 68, § 60;
R.S.1943, (2003), § 71-3,211;
Laws 2007, LB463, § 402.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,141 - Nail technology salon; application; review; certificate of consideration; inspection.

38-10,141.
Nail technology salon; application; review; certificate of consideration; inspection.
Each application for a license to operate a nail technology salon 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 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 after 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 1999, LB 68, § 61;
R.S.1943, (2003), § 71-3,212;
Laws 2007, LB463, § 403.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,142 - Nail technology salon; operating requirements.

38-10,142.
Nail technology salon; operating requirements.
In order to maintain its license in good standing, each nail technology salon shall operate in accordance with the following requirements:
(1) The nail technology 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 nail technology 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 at least one week prior to closure, except in emergency circumstances as determined by the department;
(3) No nail technology salon shall permit any unlicensed person to perform any of the practices of nail technology within its confines or employment;
(4) The nail technology salon shall display a name upon, over, or near the entrance door distinguishing it as a nail technology salon;
(5) The nail technology 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 nail technology salon, without prior notice, and the owner and manager shall assist the inspector by providing access to all areas of the nail technology salon, all personnel, and all records requested by the inspector;
(6) The nail technology salon shall display in a conspicuous place the following records:
(a) The current license or certificate of consideration to operate a nail technology salon;
(b) The current licenses of all persons licensed under the act who are employed by or working in the nail technology salon; and
(c) The rating sheet from the most recent operation inspection;
(7) At no time shall a nail technology salon employ more employees than permitted by the square footage requirements of the act; and
(8) The nail technology salon shall not knowingly permit its employees to use or consume intoxicating beverages upon its premises.
Source
Laws 1999, LB 68, § 62;
R.S.1943, (2003), § 71-3,213;
Laws 2007, LB463, § 404;
Laws 2018, LB731, § 51.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,143 - Nail technology salon license; renewal; insurance.

38-10,143.
Nail technology salon license; renewal; insurance.
The procedure for renewing a nail technology 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.
Source
Laws 1999, LB 68, § 63;
Laws 2003, LB 242, § 94;
R.S.1943, (2003), § 71-3,214;
Laws 2007, LB463, § 405.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,144 - Nail technology salon license; revoked or expired; effect.

38-10,144.
Nail technology salon license; revoked or expired; effect.
A nail technology salon license 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 1999, LB 68, § 64;
R.S.1943, (2003), § 71-3,215;
Laws 2007, LB463, § 406.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,145 - Nail technology salon license; change of ownership or location; effect.

38-10,145.
Nail technology salon license; change of ownership or location; effect.
Each nail technology salon license issued shall be in effect solely for the owner or owners and premises named on the license 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 1999, LB 68, § 65;
R.S.1943, (2003), § 71-3,216;
Laws 2007, LB463, § 407.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,146 - Nail technology salon owner; responsibilities.

38-10,146.
Nail technology salon owner; responsibilities.
The owner of each nail technology 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 1999, LB 68, § 66;
R.S.1943, (2003), § 71-3,217;
Laws 2007, LB463, § 408.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,147 - Nail technology school; license; requirements.

38-10,147.
Nail technology school; license; requirements.
In order to be licensed as a nail technology school 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 students;
(3) The proposed school shall contain at least 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 or nail technology salon.
Source
Laws 1999, LB 68, § 67;
R.S.1943, (2003), § 71-3,218;
Laws 2007, LB463, § 409;
Laws 2018, LB731, § 52.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,148 - School of cosmetology; exempt.

38-10,148.
School of cosmetology; exempt.
A licensed school of cosmetology is not required to be licensed as a nail technology school in order to provide a nail technology program.
Source
Laws 1999, LB 68, § 68;
R.S.1943, (2003), § 71-3,219;
Laws 2007, LB463, § 410.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,149 - Nail technology school; license; application.

38-10,149.
Nail technology school; license; application.
Any person seeking a license to operate a nail technology school 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 1999, LB 68, § 69;
R.S.1943, (2003), § 71-3,220;
Laws 2007, LB463, § 411.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,150 - Nail technology school; license; application; requirements.

38-10,150.
Nail technology school; license; application; requirements.
Along with the application, an applicant for a license to operate a nail technology school 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 persons licensed under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act to be employed by the school.
A nail technology school's license shall be valid only for the location named in the application. When a school desires to change locations, it shall comply with section 38-10,158.
Source
Laws 1999, LB 68, § 70;
Laws 2003, LB 242, § 95;
R.S.1943, (2003), § 71-3,221;
Laws 2007, LB463, § 412;
Laws 2018, LB731, § 53.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,151 - Nail technology school; application; review; inspection.

38-10,151.
Nail technology school; application; review; inspection.
Each application for a license to operate a nail technology school 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 after 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 1999, LB 68, § 71;
R.S.1943, (2003), § 71-3,222;
Laws 2007, LB463, § 413.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,154 - Nail technology school; transfer of students.

38-10,154.
Nail technology school; transfer of students.
Nail technology students or nail technology student instructors may transfer from one nail technology school to another school at any time.
The school to which the student is transferring shall be entitled to receive from the student's previous school, upon request, any and all records pertaining to the student after all financial obligations of the student to the previous school are met.
Source
Laws 1999, LB 68, § 74;
R.S.1943, (2003), § 71-3,225;
Laws 2007, LB463, § 416;
Laws 2018, LB731, § 56.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,156 - Nail technology school; student instructor limit.

38-10,156.
Nail technology school; student instructor limit.
No nail technology school shall at any time enroll more than two nail technology student instructors for each full-time nail technology instructor or cosmetology instructor actively working in and employed by the school.
Source
Laws 1999, LB 68, § 76;
R.S.1943, (2003), § 71-3,227;
Laws 2007, LB463, § 418;
Laws 2018, LB731, § 57.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,157 - Nail technology school license; renewal; inactive status.

38-10,157.
Nail technology school license; renewal; inactive status.
The procedure for renewing a school license shall be in accordance with section 38-143, except that in addition to all other requirements, the nail technology school 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.
Any nail technology 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 after 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 1999, LB 68, § 77;
Laws 2003, LB 242, § 96;
R.S.1943, (2003), § 71-3,228;
Laws 2007, LB463, § 419.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,158 - Nail technology school; change of ownership or location; effect.

38-10,158.
Nail technology school; change of ownership or location; effect.
Each nail technology 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 1999, LB 68, § 78;
R.S.1943, (2003), § 71-3,229;
Laws 2007, LB463, § 420.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,158.01 - Mobile nail technology salon; license; requirements.

38-10,158.01.
Mobile nail technology salon; license; requirements.
In order to be licensed as a mobile nail technology 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 nail technology 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, § 58.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,158.02 - Mobile nail technology salon license; application.

38-10,158.02.
Mobile nail technology salon license; application.
Any person seeking a license to operate a mobile nail technology 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 38-10,158.01.
Source
Laws 2018, LB731, § 59.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,158.03 - Mobile nail technology salon; application; review; denial; inspection.

38-10,158.03.
Mobile nail technology salon; application; review; denial; inspection.
Each application for a license to operate a mobile nail technology salon 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 approved, the department shall issue the applicant a certificate of consideration to operate a mobile nail technology salon pending an operation inspection. The department shall conduct an operation inspection of each salon issued a certificate of consideration within six months after the issuance of such certificate. A salon which passes the inspection shall be issued a permanent license. A salon which fails 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 2018, LB731, § 60.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,158.04 - Mobile nail technology salon; operating requirements.

38-10,158.04.
Mobile nail technology salon; operating requirements.
In order to maintain its license in good standing, each mobile nail technology 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 the act;
(2) The salon owner or his or her agent shall notify the department of any change of ownership, name, or office address and if a salon is permanently closed;
(3) No salon shall permit any unlicensed person to perform any of the practices of nail technology 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 licensed under the act who are 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;
(8) No nail technology services may be performed in a salon while the salon is moving. The salon must be safely and legally parked in a legal parking space at all times while clients are present inside the salon. A salon shall not park or conduct business within three hundred feet of another licensed nail technology establishment. The department is not responsible for monitoring for enforcement of this subdivision but may discipline a license for a reported and verified violation;
(9) The owner of the salon shall maintain a permanent business address at which correspondence from the department may be received and records of appointments, license numbers, and vehicle identification numbers shall be kept for each salon being operated by the owner. The owner shall make such records available for verification and inspection by the department; and
(10) The salon shall not knowingly permit its employees or clients to use, consume, serve, or in any manner possess or distribute intoxicating beverages or controlled substances upon its premises.
Source
Laws 2018, LB731, § 61.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,158.05 - Mobile nail technology salon license; renewal.

38-10,158.05.
Mobile nail technology salon license; renewal.
The procedure for renewing a mobile nail technology 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 and evidence of coverage which meets the requirements of the Motor Vehicle Registration Act for the salon.
Source
Laws 2018, LB731, § 62.
Cross References
Motor Vehicle Registration Act, see section 60-301.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,158.06 - Mobile nail technology salon license; revocation or expiration; effect.

38-10,158.06.
Mobile nail technology salon license; revocation or expiration; effect.
The license of a mobile nail technology 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 2018, LB731, § 63.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,158.07 - Mobile nail technology salon license; change of ownership or mobile unit; effect.

38-10,158.07.
Mobile nail technology salon license; change of ownership or mobile unit; effect.
Each mobile nail technology salon license issued shall be in effect solely for the owner or owners and the mobile unit named thereon and shall expire automatically upon any change of ownership or mobile unit. An original application for licensure shall be submitted and approved before such salon may reopen for business.
Source
Laws 2018, LB731, § 64.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,158.08 - Mobile nail technology salon; owner liability.

38-10,158.08.
Mobile nail technology salon; owner liability.
The owner of each mobile nail technology 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 2018, LB731, § 65.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,159 - Nail technology home services permit.

38-10,159.
Nail technology home services permit.
A licensed nail technology salon may employ licensed nail technicians to perform nail technology home services by meeting the following requirements:
(1) In order to be issued a nail technology home services permit by the department, an applicant shall hold a current active cosmetology salon license or nail technology salon license; and
(2) Any person seeking a nail technology 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 application for liability insurance or bonding.
The department shall issue a nail technology home services permit to each applicant meeting the requirements set forth in this section.
Source
Laws 1999, LB 68, § 79;
R.S.1943, (2003), § 71-3,230;
Laws 2007, LB463, § 421.