LAS VEGAS —Two years ago, the Nevada State Board of Cosmetology fined and shut down two makeup instruction businesses owned by Lissette Waugh and Wendy Robin.
The reason: Although “the state of Nevada doesn’t require a license to practice as a makeup artist, the teaching of any cosmetic application requires a licensed cosmetology school,” said Annie Curtis, chief inspector of the Nevada State Board of Cosmetology.
In other words, Waugh and Robin need no license to work as makeup artists, but if they want to teach, they have to become licensed as cosmetology schools–which could mean outlays of up to $75,000 to acquire 5,000 square feet of instruction space, 700 hours of unrelated training, 10 special shampoo sinks, facial chairs and equipment to give manicures and pedicures.
“It’s ridiculous. The type of classes and equipment to train makeup artists is very different to that used for a cosmetology career,” Robin said.
So on June 19, 2012, Waugh and Robin filed a lawsuit against the Nevada State Board of Cosmetology to defend their rights to not be burdened with regulations that “prevent them from earning a living.”
“I don’t need a cosmetology license because I do not teach how to cut hair or do skin treatments.”
Waugh and Robin are makeup artists with more than 40 years of combined experience. Both opened their own teaching studios in 2010 to train the next generation of artists.
But after the state crackdown two years ago forced them to shutter their businesses, Waugh and Robin contacted the Institute for Justice, which convinced the Nevada State Board of Cosmetology to consider changes. But those changes require an amendment, and no lawmaker was willing to step up.
Now, first-term Republican state Rep. Victoria Seaman seeks to rein in what she says are senseless laws that stifle entrepreneurship.
“Nevada law is clear on the teaching of any branch of cosmetology. The Nevada State Board of Cosmetology is only following the law,” Seaman said. “But I agree that the current law goes far beyond what is required to protect health. I would like to sponsor an amendment to the state law to allow greater flexibility in special cases such as the teaching of makeup and also reciprocal accreditation of licenses between states.”
