2005 Nevada Revised Statutes - Chapter 644 — Cosmetology

CHAPTER 644 - COSMETOLOGY

GENERAL PROVISIONS

NRS 644.020 Definitions.

NRS 644.0205 Aestheticiandefined.

NRS 644.021 Boarddefined.

NRS 644.0225 Cosmetologicalestablishment defined.

NRS 644.023 Cosmetologistdefined.

NRS 644.0233 Cosmetologistsapprentice defined.

NRS 644.024 Cosmetologydefined.

NRS 644.0245 Demonstratorof cosmetics defined.

NRS 644.026 Electrologistdefined.

NRS 644.0265 Electrologistsapprentice defined.

NRS 644.0277 Hairdesigner defined.

NRS 644.029 Manicuristdefined.

STATE BOARD OF COSMETOLOGY

NRS 644.030 Creation;number and appointment of members; composition.

NRS 644.040 Qualificationsof members.

NRS 644.050 Termsand oaths of members.

NRS 644.060 Officers.

NRS 644.070 Meetings;compensation of members and employees; payment from fees and receipts.

NRS 644.075 Fiscalyear.

NRS 644.080 Employees;offices; records and files; seal; subpoenas.

NRS 644.090 Examinations;issuance of licenses; reports of violations; inspections.

NRS 644.095 Approvalof device used in cosmetology.

NRS 644.100 Hearingsand proceedings by or before less than entire Board.

NRS 644.110 Regulations.

NRS 644.120 Regulationsgoverning sanitary conditions.

NRS 644.130 Recordof licenses; disclosure of information.

NRS 644.135 Limitationson information that may be included on license or certificate for publicdisplay.

NRS 644.140 Recordof proceedings; other duties.

NRS 644.150 Employees,attorneys and other professional consultants.

NRS 644.160 Biennialreport to Governor; contents.

NRS 644.170 Depositof fees and receipts; expenditures; delegation of authority to takedisciplinary action; deposit of fines imposed by Board; claims for attorneysfees and costs of investigation.

NRS 644.180 Revolvingfund.

LICENSING AND REGULATION OF AESTHETICIANS, COSMETOLOGISTS,ELECTROLOGISTS, HAIR DESIGNERS, MANICURISTS, DEMONSTRATORS OF COSMETICS,INSTRUCTORS AND APPRENTICES

NRS 644.190 Unlawfulpractices without license; exceptions.

NRS 644.191 Reductionof duplication in licensing procedure for applicant who also applies to Boardof Massage Therapists to practice massage therapy.

NRS 644.192 Reductionof duplication in licensing procedure for applicant who also applies to localgovernmental entity to practice massage therapy.

NRS 644.193 Instructors:Qualifications for provisional license; fee for license; expiration andextension of license.

NRS 644.195 Instructors:Qualifications; fee for license.

NRS 644.1955 Instructorsof aestheticians: Qualifications for examination; advanced training.

NRS 644.196 Instructorsin cosmetology: Qualifications for examination.

NRS 644.197 Instructorsin manicuring: Qualifications for examination; advanced training.

NRS 644.199 Studentinstructors: Qualifications; fee for license; scope of practice; expiration andextension of license.

NRS 644.200 Cosmetologists:Qualifications for examination.

NRS 644.203 Electrologists:Qualifications for examination.

NRS 644.204 Hairdesigners: Qualifications for examination.

NRS 644.205 Manicurists:Qualifications for examination.

NRS 644.206 Demonstratorof cosmetics: Qualifications for examination.

NRS 644.207 Aestheticians:Qualifications for examination.

NRS 644.210 Applicationrequired for examination, license or certificate of registration; fee to obtainforms; contents; verification.

NRS 644.212 Applicationto include social security number of applicant. [Repealed.]

NRS 644.214 Paymentof child support: Submission of certain information by applicant; grounds fordenial of license or evidence of registration; duty of Board. [Effective untilthe date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings.]

NRS 644.214 Paymentof child support: Submission of certain information by applicant; grounds fordenial of license or evidence of registration; duty of Board. [Effective on thedate of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings and expires by limitation 2 years after that date.]

NRS 644.215 Electrologistsapprentice: Application for registration; fee.

NRS 644.217 Cosmetologistsapprentice: Application for certificate of registration; fee; expiration andrenewal of certificate of registration.

NRS 644.2175 Cosmetologistsapprentice: Display of certificate of registration; conditions and limitationson employment and training; records; status and duties of licensees involved intraining; regulations.

NRS 644.220 Examinationand reexamination: Fees and charges.

NRS 644.230 Examinations:General requirements.

NRS 644.235 Examinationsprovided in English language; examination in Spanish language upon request;request for translated examination; fee.

NRS 644.240 Cosmetologists:Scope of examination.

NRS 644.243 Electrologists:Scope of examination.

NRS 644.244 Hairdesigners: Scope of examination.

NRS 644.245 Manicurists:Scope of examination.

NRS 644.246 Demonstratorof cosmetics: Scope of examination.

NRS 644.247 Aestheticians:Scope of examination.

NRS 644.260 Issuanceof licenses.

NRS 644.270 Licenseto specify authorized occupation.

NRS 644.280 License:Signatures and seal of Board; prima facie evidence of right to practice.

NRS 644.290 Displayof license.

NRS 644.295 Duplicatelicense; fee.

NRS 644.300 Noticeto Secretary of change of location.

NRS 644.310 Requirementsfor licensing of person licensed in another state or territory or District ofColumbia.

NRS 644.315 Requirementsfor issuance and renewal of limited license for person licensed in anotherstate or territory or District of Columbia.

NRS 644.320 Expirationof license; regulations for proration of fee.

NRS 644.325 Renewalof license: Application; statement; fees; penalties for late renewal;photographs.

NRS 644.330 Renewalof license after expiration; restoration after retirement.

COSMETOLOGICAL ESTABLISHMENTS

NRS 644.340 Applicationfor license; verbal review; issuance and activation of license; on-siteinspection; fees.

NRS 644.345 Noticeof change of ownership or location; new license and fees; approval of changesin physical structure of cosmetological establishment by Board.

NRS 644.350 Cosmetologicalestablishment: Expiration of license.

NRS 644.360 Displayof license; limitation on persons to whom space may be leased; limitation onpersons who may be employed.

NRS 644.365 Cosmetologicalestablishment: Practice of cosmetology by certain licensed cosmetologists.

NRS 644.370 Cosmetologicalestablishment: Supervision by licensed person.

NRS 644.375 Foodand beverage sales.

SCHOOLS OF COSMETOLOGY

NRS 644.380 Applicationfor license; determinations by Board; fee; new license required for change inownership or location; approval of changes in physical structure of school ofcosmetology by Board.

NRS 644.383 Suretybond.

NRS 644.385 Evidenceof personal integrity and moral responsibility of applicant; designation ofperson authorized to accept service of notice from Board and transact business.

NRS 644.387 Certaincosmetological establishments deemed schools of cosmetology.

NRS 644.393 Feefor each student to be paid to Board.

NRS 644.395 Staffof instructors.

NRS 644.400 Supervision;equipment, courses, records and other requirements.

NRS 644.403 Unconscionablecontracts with students.

NRS 644.405 Restrictionson advertisement of work of students on public for pay.

NRS 644.408 Amountof instruction required before student commences work on public.

NRS 644.410 Displayof license.

DEMONSTRATIONS

NRS 644.425 Temporaryeducational permit; unlawful acts. [Repealed.]

DISCIPLINARY ACTIONS

NRS 644.430 Grounds;authorized disciplinary action; orders imposing discipline deemed publicrecords.

NRS 644.435 Suspensionof license or registration for failure to pay child support or comply withcertain subpoenas or warrants; reinstatement of license or registration.[Expires by limitation 2 years after the date of the repeal of the federal lawrequiring each state to establish procedures for withholding, suspending andrestricting the professional, occupational and recreational licenses for childsupport arrearages and for noncompliance with certain processes relating topaternity or child support proceedings.]

NRS 644.440 Noticeand hearing for denial of license; citation for violation of regulationconcerning sanitation or health; grounds for immediate suspension and automaticrevocation.

NRS 644.445 Disciplinaryaction by hearing officer or panel: Procedural requirements; powers and dutiesof officer or panel; appeals. [Repealed.]

NRS 644.446 Confidentialityof certain records of Board; exceptions.

NRS 644.447 Injunctions.[Replaced in revision by NRS 644.500.]

APPLICABILITY OF CHAPTER

NRS 644.460 Exemptions.

PROHIBITED PRACTICES; REMEDIES; PENALTIES

NRS 644.470 Treatmentby X ray prohibited; application or implantation of certain substancesprohibited; penalty.

NRS 644.471 Unlawfulto engage in practice of cosmetology unless wearing clean outer garments;regulations of Board.

NRS 644.472 Unlawfulfor animal to be on premises of licensed cosmetological establishment;exception.

NRS 644.473 Unlawfulacts concerning cutting of mens hair and practice of barbering.

NRS 644.475 Stylingof hairpieces: Restrictions.

NRS 644.476 Unlawfulto copy or alter license.

NRS 644.477 Unlawfulto practice other professions in cosmetological establishment; exceptions.[Repealed.]

NRS 644.480 Penalties.

NRS 644.490 Additionalpenalties for person who engages in certain conduct without license; authorityof Board to issue citations and orders to cease and desist; administrativefines; appeals.

NRS 644.500 Injunctions.

NRS 644.510 Actionsand remedies cumulative and not exclusive.

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GENERAL PROVISIONS

NRS 644.020 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS644.0205 to 644.029, inclusive, havethe meanings ascribed to them in those sections.

[2:218:1931; A 1933, 237; 1937, 80; 1931 NCL 1862.01](NRS A 1977, 192; 1979, 1822; 1981, 1348; 1985, 1627; 1995, 461; 1999, 1152; 2001, 1191)

NRS 644.0205 Aestheticiandefined. Aesthetician means any person whoengages in the practices of:

1. Beautifying, massaging, cleansing or stimulatingthe skin of the human body, except the scalp, by the use of cosmeticpreparations, antiseptics, tonics, lotions or creams, or any device, electricalor otherwise, for the care of the skin;

2. Applying cosmetics or eyelashes to any person,tinting eyelashes and eyebrows, and lightening hair on the body except thescalp; and

3. Removing superfluous hair from the body of anyperson by the use of depilatories, waxing or tweezers,

but does notinclude the branches of cosmetology of a cosmetologist, hair designer,electrologist or manicurist.

(Added to NRS by 1981, 1346; A 1985, 1680, 1851;1995, 461; 2001, 1191)

NRS 644.021 Boarddefined. Board means the State Board of Cosmetology.

(Added to NRS by 1981, 1346)

NRS 644.0225 Cosmetologicalestablishment defined. Cosmetologicalestablishment means any premises, mobile unit, building or part of a buildingwhere cosmetology is practiced, other than a licensed barbershop in which oneor more licensed manicurists practice.

(Added to NRS by 1981, 1346; A 1987, 906)

NRS 644.023 Cosmetologistdefined. Cosmetologist means a person whoengages in the practices of:

1. Cleansing, stimulating or massaging the scalp orcleansing or beautifying the hair by the use of cosmetic preparations,antiseptics, tonics, lotions or creams.

2. Cutting, trimming or shaping the hair.

3. Arranging, dressing, curling, waving, cleansing,singeing, bleaching, tinting, coloring or straightening the hair of any personwith the hands, mechanical or electrical apparatus or appliances, or by othermeans, or similar work incident to or necessary for the proper carrying on ofthe practice or occupation provided by the terms of this chapter.

4. Removing superfluous hair from the surface of thebody of any person by the use of electrolysis where the growth is a blemish, orby the use of depilatories, waxing or tweezers, except for the permanentremoval of hair with needles.

5. Manicuring the nails of any person.

6. Beautifying, massaging, stimulating or cleansingthe skin of the human body by the use of cosmetic preparations, antiseptics,tonics, lotions, creams or any device, electrical or otherwise, for the care ofthe skin.

7. Giving facials or skin care or applying cosmeticsor eyelashes to any person.

(Added to NRS by 1981, 1346; A 1985, 1851; 1987,1068; 1991, 2054; 2001,1191)

NRS 644.0233 Cosmetologistsapprentice defined. Cosmetologistsapprentice means a person who is engaged in learning the occupation of a cosmetologistin a cosmetological establishment and who is registered with the Board topractice cosmetology as a cosmetologists apprentice.

(Added to NRS by 1999, 1150)

NRS 644.024 Cosmetologydefined. Cosmetology includes the occupationsof a cosmetologist, aesthetician, electrologist, hair designer, demonstrator ofcosmetics and manicurist.

(Added to NRS by 1981, 1346; A 1985, 1852; 1995, 461;2001, 1192)

NRS 644.0245 Demonstratorof cosmetics defined. Demonstrator ofcosmetics means a person who demonstrates the application of cosmetics in a cosmetologicalestablishment for the sole purpose of selling cosmetics.

(Added to NRS by 2001, 1190; A 2005, 2854)

NRS 644.026 Electrologistdefined. Electrologist means any person whoengages in the occupation of permanently removing excess or unwanted hair fromthe body of any person only by the use of a needle.

(Added to NRS by 1981, 1347; A 1985, 1627)

NRS 644.0265 Electrologistsapprentice defined. Electrologists apprenticemeans a person engaged in learning the occupation of an electrologist in acosmetological establishment.

(Added to NRS by 1981, 1347)

NRS 644.0277 Hairdesigner defined. Hair designer means anyperson who engages in the practices of:

1. Cleansing, stimulating or massaging the scalp, orcleansing or beautifying the hair by the use of cosmetic preparations,antiseptics, tonics, lotions or creams.

2. Cutting, trimming or shaping the hair.

3. Arranging, dressing, curling, waving, cleansing,singeing, bleaching, tinting, coloring or straightening the hair of any personwith the hands or mechanical or electrical apparatus or appliances, or by othermeans or similar work incident to or necessary for the proper carrying on ofthe practice or occupation provided by the terms of this chapter.

(Added to NRS by 1995, 460)

NRS 644.029 Manicuristdefined. Manicurist means any person who,for compensation or by demonstration, engages in the practices of:

1. Care of anothers fingernails or toenails.

2. Beautification of anothers nails.

3. Extension of anothers nails.

4. Massaging of anothers hands, forearms, feet orlower legs.

(Added to NRS by 1981, 1347; A 1991, 2055)

STATE BOARD OF COSMETOLOGY

NRS 644.030 Creation;number and appointment of members; composition.

1. The State Board of Cosmetology consisting of sevenmembers appointed by the Governor is hereby created.

2. The Board must consist of four cosmetologists, onemanicurist, one aesthetician and one member representing customers ofcosmetology.

[Part 4:218:1931; A 1933, 237; 1931 NCL 1862.03](NRS A 1965, 630; 1989, 1319)

NRS 644.040 Qualificationsof members.

1. No person is eligible for appointment as a memberof the Board:

(a) Who is not licensed as a manicurist, electrologist,aesthetician or cosmetologist under the provisions of this chapter.

(b) Who is not, at the time of appointment, actuallyengaged in the practice of his respective branch of cosmetology.

(c) Who is not at least 25 years of age.

(d) Who has not been a resident of this State for atleast 3 years immediately before his appointment.

2. The requirements of paragraphs (a) and (b) ofsubsection 1 do not apply to a person appointed to represent customers ofcosmetology.

3. Not more than one member of the Board may beconnected, directly or indirectly, with any school of cosmetology, or have beenso connected while previously serving as a member of the Board.

[Part 4:218:1931; A 1933, 237; 1931 NCL 1862.03](NRS A 1981, 1349; 1985, 1852; 1989, 1319)

NRS 644.050 Termsand oaths of members.

1. After the initial terms, members of the Board serveterms of 4 years, except when appointed to fill unexpired terms.

2. Before entering upon the discharge of his duties,each member shall make and file with the Secretary of State the constitutionaloath of office.

3. No member of the Board may serve more than twoconsecutive full terms. A member who serves two consecutive full terms is notthereafter eligible to serve on the Board for a period of 1 year. Any timeserved on the Board in filling the unexpired term of another member does notapply in computing two consecutive full terms.

[Part 4:218:1931; A 1933, 237; 1931 NCL 1862.03](NRSA 1965, 630; 1971, 1119; 1981, 71; 2005, 2639)

NRS 644.060 Officers. The members of the Board shall annually elect a President,a Vice President, a Treasurer and a Secretary from among their number. Themembers may assign the duties of the Treasurer and the Secretary to one personwho shall be Treasurer and Secretary.

[Part 4:218:1931; A 1933, 237; 1931 NCL 1862.03](NRS A 1975, 351; 1983, 1543; 1985, 1627; 1987, 1069)

NRS 644.070 Meetings;compensation of members and employees; payment from fees and receipts.

1. The Board shall hold meetings at least four times ayear for the examination of applicants for registration and for the transactionof such other business as pertains to its duties.

2. The Board may hold such other meetings for theexamination of applicants for registration or for the transaction of necessarybusiness at such times and places as it determines.

3. The members of the Board are entitled to receive:

(a) A salary of not more than $80 per day, as fixed bythe Board, while engaged in the business of the Board; and

(b) A per diem allowance and travel expenses at a ratefixed by the Board, while engaged in the business of the Board. The rate mustnot exceed the rate provided for state officers and employees generally.

4. While engaged in the business of the Board, eachemployee of the Board is entitled to receive a per diem allowance and travelexpenses at a rate fixed by the Board. The rate must not exceed the rateprovided for state officers and employees generally.

5. All such compensation and expenses must be paid bythe Board out of the fees and receipts received by it, and no part thereof maybe paid by the State.

[Part 4:218:1931; A 1933, 237; 1931 NCL 1862.03] +[5:218:1931; 1931 NCL 1862.04](NRS A 1960, 310; 1963, 160; 1975, 306; 1981,1350, 1995; 1983, 1543; 1985, 445; 1987, 1201; 1989, 1704)

NRS 644.075 Fiscalyear. The Board shall operate on the basis ofa fiscal year commencing on July 1 and terminating on June 30.

(Added to NRS by 1963, 160)

NRS 644.080 Employees;offices; records and files; seal; subpoenas. TheBoard:

1. Shall prescribe the duties of its officers,examiners and employees, and fix the compensation of those employees.

2. May establish offices in as many localities in theState as it finds necessary to carry out the provisions of this chapter. Allrecords and files of the Board must be kept at the main office of the Boardand, except as otherwise provided in NRS644.446, be open to public inspection at all reasonable hours.

3. May adopt a seal.

4. May issue subpoenas to compel the attendance ofwitnesses and the production of books and papers.

[Part 4:218:1931; A 1933, 237; 1931 NCL 1862.03](NRS A 1963, 161; 1981, 1350; 2003, 3463)

NRS 644.090 Examinations;issuance of licenses; reports of violations; inspections. The Board shall:

1. Hold examinations to determine the qualificationsof all applicants for a license, except as otherwise provided in this chapter,whose applications have been submitted to it in proper form.

2. Issue licenses to such applicants as may beentitled thereto.

3. License cosmetological establishments and schoolsof cosmetology.

4. Report to the proper prosecuting officers allviolations of this chapter coming within its knowledge.

5. Inspect schools of cosmetology and cosmetologicalestablishments to ensure compliance with the statutory requirements and adoptedregulations of the Board. This authority extends to any member of the Board orits authorized employees.

[Part 4:218:1931; A 1933, 237; 1931 NCL 1862.03](NRS A 1981, 1350; 1985, 1627, 1852; 1991, 2055)

NRS 644.095 Approvalof device used in cosmetology. Any device usedin the practice of cosmetology must be approved by the Board.

(Added to NRS by 1985, 1680)

NRS 644.100 Hearingsand proceedings by or before less than entire Board.

1. Any investigation, inquiry, hearing or proceedingwhich the Board is empowered to hold or undertake may be held or undertaken byor before one or more members of the Board, and the finding or order of themember or members shall be deemed to be the finding or order of the Board whenapproved or confirmed by it.

2. No investigation, inquiry, hearing or proceedingshall be held or undertaken by only one member of the Board, or by less thanthe entire membership of the Board, without the previous written authorizationof the Board.

[20:218:1931; 1931 NCL 1862.20]

NRS 644.110 Regulations. The Board shall adopt reasonable regulations:

1. For carrying out the provisions of this chapter.

2. For conducting examinations of applicants forlicenses.

3. For governing the recognition of, and the creditsto be given to, the study of cosmetology under a licensed electrologist or in aschool of cosmetology licensed pursuant to the laws of another state orterritory of the United States or the District of Columbia.

4. For governing the conduct of schools ofcosmetology. The regulations must include but need not be limited to,provisions:

(a) Prohibiting schools from requiring that studentspurchase beauty supplies for use in the course of study;

(b) Prohibiting schools from deducting earned hours ofschool credit or any other compensation earned by a student as a punishment formisbehavior of the student;

(c) Providing for lunch and coffee recesses forstudents during school hours; and

(d) Allowing a member or an authorized employee of theBoard to review the records of a students training and attendance.

5. Governing the courses of study and practical trainingrequired of persons for treating the skin of the human body, except the scalp.

6. For governing the conduct of cosmetologicalestablishments.

[Part 4:218:1931; A 1933, 237; 1931 NCL 1862.03](NRS A 1969, 881; 1979, 1823; 1981, 1350; 1985, 1628, 1680, 1852;1987, 1201; 1991, 2055)

NRS 644.120 Regulationsgoverning sanitary conditions.

1. The Board may adopt such regulations governingsanitary conditions as it deems necessary with particular reference to theprecautions to be employed to prevent the creating or spreading of infectiousor contagious diseases in cosmetological establishments or schools ofcosmetology, or in the practice of a cosmetologist.

2. No regulation governing sanitary conditions thusadopted has any effect until it has been approved by the State Board of Health.

3. A copy of all regulations governing sanitaryconditions which are adopted must be furnished to each person to whom a licenseis issued for the conduct of a cosmetological establishment, school ofcosmetology or practice of cosmetology.

[Part 4:218:1931; A 1933, 237; 1931 NCL 1862.03](NRS A 1981, 1351; 1985, 1628, 1853; 1991, 2056)

NRS 644.130 Recordof licenses; disclosure of information.

1. The Board shall keep a record containing the name,known place of business, and the date and number of the license of everymanicurist, electrologist, aesthetician, hair designer, demonstrator ofcosmetics and cosmetologist, together with the names and addresses of allcosmetological establishments and schools of cosmetology licensed pursuant tothis chapter. The record must also contain the facts which the applicantsclaimed in their applications to justify their licensure.

2. The Board may disclose the information contained inthe record kept pursuant to subsection 1 to:

(a) Any other licensing board or agency that isinvestigating a licensee.

(b) A member of the general public, except informationconcerning the home and work address and telephone number of a licensee.

[Part 4:218:1931; A 1933, 237; 1931 NCL 1862.03](NRS A 1981, 1351; 1985, 1629; 1991, 2056; 1995, 461; 2001, 1192; 2005, 2640)

NRS 644.135 Limitationson information that may be included on license or certificate for publicdisplay. The Board shall not include on anylicense or certificate for public display the residential address of the holderor any other personal information relating to the holder, except the name ofthe holder and the number of the license or certificate.

(Added to NRS by 2003, 2531)

NRS 644.140 Recordof proceedings; other duties. The Board shall:

1. Keep a record of its proceedings.

2. Do all other things necessary to carry out theprovisions of this chapter.

[Part 4:218:1931; A 1933, 237; 1931 NCL 1862.03]

NRS 644.150 Employees,attorneys and other professional consultants. TheBoard may employ inspectors, investigators, advisers, examiners and clerks andsecure the services of attorneys and other professional consultants, but nopart of the compensation of those persons or reasonable expenses incurred bythe Board may be paid by the State.

[Part 4:218:1931; A 1933, 237; 1931 NCL 1862.03](NRS A 1963, 161; 1981, 1351)

NRS 644.160 Biennialreport to Governor; contents. The Board shallmake a written report to the Governor before September 1 of each even-numberedyear for the biennium ending June 30 of such year concerning the condition, inthis State, of cosmetology and the branches thereof. The report shall contain abrief reference to the proceedings had by or before the Board in carrying outthe provisions of this chapter for the period last past.

[Part 4:218:1931; A 1933, 237; 1931 NCL 1862.03](NRS A 1965, 62; 1969, 1459)

NRS 644.170 Depositof fees and receipts; expenditures; delegation of authority to takedisciplinary action; deposit of fines imposed by Board; claims for attorneysfees and costs of investigation.

1. All fees collected on behalf of the Board and allreceipts of every kind and nature must be reported at the beginning of eachmonth, for the month preceding, to the Board. At the same time, the entireamount of collections, except as otherwise provided in subsection 5, must bepaid to the Treasurer of the Board, who shall deposit them in banks, creditunions or savings and loan associations in the State of Nevada.

2. The receipts must be for the uses of the Board andout of them must be paid all salaries and all other expenses necessarilyincurred in carrying into effect the provisions of this chapter.

3. All orders for payment of money must be drawn onthe Treasurer of the Board and countersigned by the President and the Secretaryof the Board.

4. In a manner consistent with the provisions of chapter 622A of NRS, the Board may delegate toa hearing officer or panel its authority to take any disciplinary actionpursuant to this chapter, impose and collect fines therefor and deposit themoney therefrom in banks, credit unions or savings and loan associations inthis State.

5. If a hearing officer or panel is not authorized totake disciplinary action pursuant to subsection 4 and the Board deposits themoney collected from the imposition of fines with the State Treasurer forcredit to the State General Fund, it may present a claim to the State Board ofExaminers for recommendation to the Interim Finance Committee if money isneeded to pay attorneys fees or the costs of an investigation, or both.

[Part 21:218:1931; A 1933, 237; 1931 NCL 1862.21](NRS A 1963, 161; 1983, 1543; 1999, 1537; 2005, 800)

NRS 644.180 Revolvingfund. An amount not to exceed $1,000 may bedrawn from the Contingent Fund to be used as a revolving fund where cashadvances are necessary. Expenditures from the revolving fund must besubstantiated by vouchers and itemized statements at the end of each fiscalyear, or at any other time when demanded by the Chief of the Budget Division ofthe Department of Administration.

[Part 21:218:1931; A 1933, 237; 1931 NCL 1862.21](NRS A 1975, 8)

LICENSING AND REGULATION OF AESTHETICIANS, COSMETOLOGISTS,ELECTROLOGISTS, HAIR DESIGNERS, MANICURISTS, DEMONSTRATORS OF COSMETICS,INSTRUCTORS AND APPRENTICES

NRS 644.190 Unlawfulpractices without license; exceptions.

1. It is unlawful for any person to conduct or operatea cosmetological establishment, school of cosmetology or any other place ofbusiness in which any one or any combination of the occupations of cosmetologyare taught or practiced unless he is licensed in accordance with the provisionsof this chapter.

2. Except as otherwise provided in subsection 4, it isunlawful for any person to engage in, or attempt to engage in, the practice ofcosmetology or any branch thereof, whether for compensation or otherwise,unless he is licensed in accordance with the provisions of this chapter.

3. This chapter does not prohibit:

(a) Any student in any school of cosmetologyestablished pursuant to the provisions of this chapter from engaging, in theschool and as a student, in work connected with any branch or any combinationof branches of cosmetology in the school.

(b) An electrologists apprentice from participating ina course of practical training and study.

(c) A person issued a provisional license as aninstructor pursuant to NRS 644.193 fromacting as an instructor and accepting compensation therefor while accumulatingthe hours of training as a teacher required for an instructors license.

(d) The rendering of cosmetological services by aperson who is licensed in accordance with the provisions of this chapter, ifthose services are rendered in connection with photographic services providedby a photographer.

(e) A registered cosmetologists apprentice fromengaging in the practice of cosmetology under the immediate supervision of alicensed cosmetologist.

4. A person employed to render cosmetological servicesin the course of and incidental to the production of a motion picture,television program, commercial or advertisement is exempt from the licensingrequirements of this chapter if he renders cosmetological services only topersons who will appear in that motion picture, television program, commercialor advertisement.

[Part 3:218:1931; A 1933, 237; 1937, 80; 1931 NCL 1862.02](NRS A 1981, 1351; 1985, 1629, 1853; 1987, 1201; 1989, 1319, 2005;1991, 2056; 1999,1152)

NRS 644.191 Reductionof duplication in licensing procedure for applicant who also applies to Boardof Massage Therapists to practice massage therapy.

1. The State Board of Cosmetology and the Board ofMassage Therapists shall, to the extent practicable, reduce duplication in thelicensing procedure for a qualified applicant who is applying to the StateBoard of Cosmetology for a license to practice pursuant to this chapter and whois also applying to the Board of Massage Therapists for a license to practicepursuant to chapter 640C of NRS, if bothapplications are filed not more than 60 days apart.

2. If a qualified applicant submits an application tothe Board of Massage Therapists for a license to practice pursuant to chapter 640C of NRS and, not later than 60 daysafter that application, the applicant also submits an application to the StateBoard of Cosmetology for a license to practice pursuant to this chapter:

(a) The applicant is not required to submit a set offingerprints to the State Board of Cosmetology if the applicant submitted a setof fingerprints with his application to the Board of Massage Therapists;

(b) The State Board of Cosmetology shall request fromthe Board of Massage Therapists a copy of any reports relating to a backgroundinvestigation of the applicant;

(c) Upon receiving such a request, the Board of MassageTherapists shall provide to the State Board of Cosmetology any reports relatingto a background investigation of the applicant; and

(d) The State Board of Cosmetology shall use thereports provided by the Board of Massage Therapists in reviewing theapplication for a license to practice pursuant to this chapter.

(Added to NRS by 2005, 1133)

NRS 644.192 Reductionof duplication in licensing procedure for applicant who also applies to localgovernmental entity to practice massage therapy.

1. The Board and a local governmental entity shall, tothe extent practicable, reduce duplication in the licensing procedure for aqualified applicant who is applying to the Board for a license to practicepursuant to this chapter and who is also applying to the local governmentalentity for a license to practice massage therapy, if both applications arefiled not more than 60 days apart.

2. If a qualified applicant submits an application toa local governmental entity for a license to practice massage therapy and, notlater than 60 days after that application, the applicant also submits anapplication to the Board for a license to practice pursuant to this chapter:

(a) The applicant is not required to submit a set offingerprints to the Board if the applicant submitted a set of fingerprints withhis application to the local governmental entity;

(b) The Board shall request from the local governmentalentity a copy of any reports relating to a background investigation of theapplicant;

(c) Upon receiving such a request, the localgovernmental entity shall provide to the Board any reports relating to abackground investigation of the applicant; and

(d) The Board shall use the reports provided by thelocal governmental entity in reviewing the application for a license topractice pursuant to this chapter.

3. If a qualified applicant submits an application tothe Board for a license to practice pursuant to this chapter and, not laterthan 60 days after that application, the applicant also submits an applicationto a local governmental entity for a license to practice massage therapy:

(a) The applicant is not required to submit a set offingerprints to the local governmental entity if the applicant submitted a setof fingerprints with his application to the Board;

(b) The local governmental entity shall request fromthe Board a copy of any reports relating to a background investigation of theapplicant;

(c) Upon receiving such a request, the Board shallprovide to the local governmental entity any reports relating to a backgroundinvestigation of the applicant; and

(d) The local governmental entity shall use the reportsprovided by the Board in reviewing the application for a license to practicemassage therapy, except that the local governmental entity may conduct its ownbackground investigation of the applicant if the local governmental entitydeems it to be necessary.

(Added to NRS by 2005, 2223)

NRS 644.193 Instructors:Qualifications for provisional license; fee for license; expiration andextension of license.

1. The Board may grant a provisional license as aninstructor to a person who:

(a) Has successfully completed the 12th grade in schoolor its equivalent and submits written verification of the completion of hiseducation;

(b) Has practiced as a full-time licensedcosmetologist, hair designer, aesthetician or manicurist for 1 year and submitswritten verification of his experience;

(c) Is licensed pursuant to this chapter;

(d) Applies for a provisional license on a formsupplied by the Board;

(e) Submits two current photographs of himself; and

(f) Has paid the fee established pursuant to subsection2.

2. The Board shall establish and collect a fee of notless than $40 and not more than $75 for the issuance of a provisional licenseas an instructor.

3. A person issued a provisional license pursuant tothis section may act as an instructor for compensation while accumulating thenumber of hours of training required for an instructors license.

4. A provisional license as an instructor expires uponaccumulation by the licensee of the number of hours of training required for aninstructors license or 1 year from the date of issuance, whichever occursfirst. The Board may grant an extension of not more than 45 days to thoseprovisional licensees who have applied to the Board for examination asinstructors and are awaiting examination.

(Added to NRS by 1989, 1318; A 1991, 2057; 2003, 2531; 2005, 2640, 2854)

NRS 644.195 Instructors:Qualifications; fee for license.

1. Each instructor must:

(a) Be licensed as a cosmetologist pursuant to thischapter.

(b) Have successfully completed the 12th grade inschool or its equivalent.

(c) Have 1 year of experience as a cosmetologist or asa licensed student instructor.

(d) Have completed 1,000 hours of training as aninstructor or 500 hours of training as a provisional instructor in a school ofcosmetology.

(e) Except as otherwise provided in subsection 2, takeone or more courses in advanced techniques for teaching or training, approvedby the Board, whose combined duration is at least 30 hours during each 2-yearperiod.

2. Theprovisions of paragraph (e) of subsection 1 do not apply to an instructor whois initially licensed not more than 6 months before the renewal date of the license.An instructor who is initially licensed more than 6 months but less than 1 yearbefore the renewal date of the license must take one or more courses specifiedin paragraph (e) whose combined duration is at least 15 hours during each2-year period.

3. Each instructor shall pay an initial fee for alicense of not less than $60 and not more than $90.

(Added to NRS by 1985, 1850; A 1991, 2057; 2003, 2531; 2005, 2640, 2854)

NRS 644.1955 Instructorsof aestheticians: Qualifications for examination; advanced training.

1. The Board shall admit to examination for a licenseas an instructor of aestheticians any person who has applied to the Board inproper form, paid the fee and:

(a) Is at least 18 years of age;

(b) Is of good moral character;

(c) Has successfully completed the 12th grade in schoolor its equivalent;

(d) Has received a minimum of 800 hours of training asan instructor or 400 hours of training as a provisional instructor in alicensed school of cosmetology;

(e) Is licensed as an aesthetician pursuant to thischapter; and

(f) Has practiced as a full-time licensed aestheticianor as a licensed student instructor for 1 year.

2. Except as otherwise provided in subsection 3, aninstructor of aestheticians shall complete at least 30 hours of advancedtraining in a course approved by the Board during each 2-year period of hislicense.

3. The provisions of subsection 2 do not apply to aninstructor of aestheticians who is initially licensed not more than 6 monthsbefore the renewal date of the license. An instructor of aestheticians who isinitially licensed more than 6 months but less than 1 year before the renewaldate of the license must take one or more courses specified in subsection 2whose combined duration is at least 15 hours during each 2-year period.

(Added to NRS by 1987, 1200; A 1991, 2058; 2003, 2532; 2005, 2855)

NRS 644.196 Instructorsin cosmetology: Qualifications for examination. TheBoard shall admit to examination for a license as an instructor in cosmetologyany person who has made application to the Board in proper form, paid the feeand meets the requirements of NRS 644.195.

(Added to NRS by 1985, 1626)

NRS 644.197 Instructorsin manicuring: Qualifications for examination; advanced training.

1. The Board shall admit to examination for a licenseas an instructor in manicuring any person who has applied to the Board inproper form, paid the fee and:

(a) Is at least 18 years of age;

(b) Is of good moral character;

(c) Has successfully completed the 12th grade in schoolor its equivalent;

(d) Has received a minimum of 500 hours of training asan instructor or 250 hours of training as a provisional instructor in alicensed school of cosmetology;

(e) Is licensed as a manicurist pursuant to thischapter; and

(f) Has practiced as a full-time licensed manicurist oras a licensed student instructor for 1 year.

2. Except as otherwise provided in subsection 3, aninstructor in manicuring shall complete at least 30 hours of advanced trainingin a course approved by the Board during each 2-year period of his license.

3. The provisions of subsection 2 do not apply to aninstructor in manicuring who is initially licensed not more than 6 monthsbefore the renewal date of the license. An instructor in manicuring who isinitially licensed more than 6 months but less than 1 year before the renewaldate of the license must take one or more courses specified in subsection 2whose combined duration is at least 15 hours during each 2-year period.

(Added to NRS by 1985, 1626; A 1987, 1202; 1991,2058; 2003, 2532;2005, 2855)

NRS 644.199 Studentinstructors: Qualifications; fee for license; scope of practice; expiration andextension of license.

1. The Board shall grant a license as a studentinstructor to a person who:

(a) Has successfully completed the 12th grade in schoolor its equivalent and submits written verification of the completion of hiseducation;

(b) Is enrolled in a program to prepare studentinstructors in a school of cosmetology if:

(1) The program is certified by the Board; and

(2) The program requires that the studentinstructor is supervised by an instructor who is licensed;

(c) Is licensed pursuant to this chapter;

(d) Applies for a license as a student instructor on aform provided by the Board;

(e) Submits two current photographs of himself; and

(f) Has paid the fee established pursuant to subsection2.

2. The Board shall establish and collect a fee of notless than $25 or more than $40 for the issuance of a license as a studentinstructor.

3. A person issued a license as a student instructorpursuant to this section:

(a) Must be supervised by an instructor who islicensed; and

(b) May act as an instructor for compensation and workexperience credit while accumulating the number of hours of training requiredfor an instructors license.

4. A license as a student instructor expires uponaccumulation by the licensee of the number of hours of training required for aninstructors license or after full-time employment as a student instructor for1 year, whichever occurs later. The Board may grant an extension of not morethan 45 days to those student instructor licensees who have applied to theBoard for examination as instructors and are awaiting examination.

(Added to NRS by 2005, 2853)

NRS 644.200 Cosmetologists:Qualifications for examination. The Board shall admit to examinationfor a license as a cosmetologist, at any meeting of the Board held to conductexaminations, any person who has made application to the Board in proper formand paid the fee, and who before or on the date of the examination:

1. Is not less than 18 years of age.

2. Is of good moral character.

3. Has successfully completed the 10th grade in schoolor its equivalent. Testing for equivalency must be pursuant to applicable stateor federal requirements.

4. Has had any one of the following:

(a) Training of at least 1,800 hours, extending over aschool term of 10 months, in a school of cosmetology approved by the Board.

(b) Practice of the occupation of a cosmetologist for aperiod of 4 years outside this State.

(c) If the applicant is a barber registered pursuant tochapter 643 of NRS, 400 hours of specializedtraining approved by the Board.

(d) Completion of at least 3,600 hours of service as acosmetologists apprentice in a licensed cosmetological establishment in whichall of the occupations of cosmetology are practiced. The required hours musthave been completed during the period of validity of the certificate ofregistration as a cosmetologists apprentice issued to the person pursuant to NRS 644.217.

[6:218:1931; A 1933, 237; 1931 NCL 1862.05](NRS A1960, 310; 1963, 269; 1977, 163; 1979, 1824; 1981, 1352; 1985, 1629; 1987, 906,1202; 1999, 1153;2005, 2641)

NRS 644.203 Electrologists:Qualifications for examination. The Boardshall admit to examination for a license as an electrologist any person who hasmade application to the Board in the proper form and paid the fee, and whobefore or on the date set for the examination:

1. Is not less than 18 years of age.

2. Is of good moral character.

3. Has successfully completed the 12th grade in schoolor its equivalent.

4. Has or has completed any one of the following:

(a) A minimum training of 500 hours under the immediatesupervision of an approved electrologist in an approved school in which thepractice is taught.

(b) Study of the practice for at least 1,000 hoursextending over a period of 5 consecutive months, under an electrologistlicensed pursuant to this chapter, in an approved program for electrologistsapprentices.

(c) A valid electrologists license issued by a statewhose licensing requirements are equal to or greater than those of this State.

(d) Either training or practice, or a combination of trainingand practice, in electrology outside this State for a period specified byregulations of the Board.

(Added to NRS by 1960, 311; A 1963, 270; 1977, 163;1979, 1824; 1981, 1352; 1985, 1630; 1987, 1069)

NRS 644.204 Hairdesigners: Qualifications for examination. TheBoard shall admit to examination for a license as a hair designer, at anymeeting of the Board held to conduct examinations, each person who has appliedto the Board in proper form and paid the fee, and who:

1. Is not less than 18 years of age.

2. Is of good moral character.

3. Has successfully completed the 10th grade in schoolor its equivalent. Testing for equivalency must be pursuant to state or federalrequirements.

4. Has had at least one of the following:

(a) Training of at least 1,200 hours, extending over aperiod of 7 consecutive months, in a school of cosmetology approved by theBoard.

(b) Practice of the occupation of hair designing for atleast 4 years outside this State.

(c) If the applicant is a barber registered pursuant tochapter 643 of NRS, 400 hours of specializedtraining approved by the Board.

(Added to NRS by 1995, 461)

NRS 644.205 Manicurists:Qualifications for examination. The Boardshall admit to examination for a license as a manicurist any person who hasmade application to the Board in proper form, paid the fee, and who before oron the date of the examination:

1. Is not less than 18 years of age.

2. Is of good moral character.

3. Has successfully completed the 10th grade in schoolor its equivalent.

4. Has had any one of the following:

(a) Practical training of at least 500 hours under theimmediate supervision of a licensed instructor in a licensed school ofcosmetology in which the practice is taught.

(b) Practice as a full-time licensed manicurist for 1year outside the State of Nevada.

(Added to NRS by 1960, 312; A 1963, 271; 1977, 164;1981, 1353; 1985, 1630)

NRS 644.206 Demonstratorof cosmetics: Qualifications for examination. TheBoard shall admit to examination for a license as a demonstrator of cosmeticsany person who has made application to the Board in proper form, paid the feeand:

1. Is at least 18 years of age;

2. Is of good moral character;

3. Has completed a course provided by the Boardrelating to sanitation; and

4. Has received a score of not less than 75 percent onthe examination administered by the Board.

(Added to NRS by 2001, 1190)

NRS 644.207 Aestheticians:Qualifications for examination. The Boardshall admit to examination for a license as an aesthetician any person who hasmade application to the Board in proper form, paid the fee and:

1. Is at least 18 years of age;

2. Is of good moral character;

3. Has successfully completed the 10th grade in schoolor its equivalent; and

4. Has received a minimum of 600 hours of training,which includes theory, modeling and practice, in a licensed school of cosmetologyor who has practiced as a full-time licensed aesthetician for at least 1 year.

(Added to NRS by 1981, 1347; A 1985, 1631)

NRS 644.210 Applicationrequired for examination, license or certificate of registration; fee to obtainforms; contents; verification.

1. An application for admission to examination or fora license in any branch of cosmetology, or for a certificate of registration asa cosmetologists apprentice, must be made in writing on forms furnished by theBoard and must be submitted within the period designated by the Board. TheBoard shall charge a fee of $15 for furnishing the forms.

2. An application must contain proof of thequalifications of the applicant for examination or licensure. The applicationmust be verified by the oath of the applicant.

[7:218:1931; 1931 NCL 1862.06](NRS A 1981, 1353;1985, 1631; 1987, 1203; 1999, 1154)

NRS 644.212 Applicationto include social security number of applicant. Repealed. (See chapter501, Statutes ofNevada 2005, at page 2818.)

 

NRS 644.214 Paymentof child support: Submission of certain information by applicant; grounds fordenial of license or evidence of registration; duty of Board. [Effective untilthe date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings.]

1. In addition to any other requirements set forth inthis chapter:

(a) An applicant for the issuance of a license orevidence of registration issued pursuant to NRS644.190 to 644.330, inclusive, shallinclude the social security number of the applicant in the applicationsubmitted to the Board.

(b) An applicant for the issuance or renewal of alicense or evidence of registration issued pursuant to NRS 644.190 to 644.330, inclusive, shall submit to theBoard the statement prescribed by the Division of Welfare and SupportiveServices of the Department of Health and Human Services pursuant to NRS 425.520. The statement must becompleted and signed by the applicant.

2. The Board shall include the statement requiredpursuant to subsection 1 in:

(a) The application or any other forms that must besubmitted for the issuance or renewal of the license or evidence ofregistration; or

(b) A separate form prescribed by the Board.

3. A license or evidence of registration may not beissued or renewed by the Board pursuant to NRS644.190 to 644.330, inclusive, ifthe applicant:

(a) Fails to submit the statement required pursuant tosubsection 1; or

(b) Indicates on the statement submitted pursuant tosubsection 1 that he is subject to a court order for the support of a child andis not in compliance with the order or a plan approved by the district attorneyor other public agency enforcing the order for the repayment of the amount owedpursuant to the order.

4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the Board shall advise theapplicant to contact the district attorney or other public agency enforcing theorder to determine the actions that the applicant may take to satisfy thearrearage.

(Added to NRS by 1997, 2161; A 1999, 1154; 2001, 1192; 2005, 2225, 2771, 2807, 2808, 2811)

 

NRS 644.214 Payment of child support: Submissionof certain information by applicant; grounds for denial of license or evidenceof registration; duty of Board. [Effective on the date of the repeal of thefederal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certain processesrelating to paternity or child support proceedings and expires by limitation 2years after that date.]

1. In addition to any other requirements set forth inthis chapter, an applicant for the issuance or renewal of a license or evidenceof registration issued pursuant to NRS644.190 to 644.330, inclusive, shallsubmit to the Board the statement prescribed by the Division of Welfare andSupportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completedand signed by the applicant.

2. The Board shall include the statement requiredpursuant to subsection 1 in:

(a) The application or any other forms that must besubmitted for the issuance or renewal of the license or evidence ofregistration; or

(b) A separate form prescribed by the Board.

3. A license or evidence of registration may not beissued or renewed by the Board pursuant to NRS644.190 to 644.330, inclusive, ifthe applicant:

(a) Fails to submit the statement required pursuant tosubsection 1; or

(b) Indicates on the statement submitted pursuant tosubsection 1 that he is subject to a court order for the support of a child andis not in compliance with the order or a plan approved by the district attorneyor other public agency enforcing the order for the repayment of the amount owedpursuant to the order.

4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the Board shall advise theapplicant to contact the district attorney or other public agency enforcing theorder to determine the actions that the applicant may take to satisfy thearrearage.

(Added to NRS by 1997, 2161; A 1999, 1154; 2001, 1192; 2005, 2771, 2772, 2807, 2808, 2811, effective onthe date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings)

NRS 644.215 Electrologistsapprentice: Application for registration; fee. Everyelectrologists apprentice must apply to the Board for registration. The applicationmust be accompanied by a fee of $100.

(Added to NRS by 1985, 1850)

NRS 644.217 Cosmetologistsapprentice: Application for certificate of registration; fee; expiration andrenewal of certificate of registration.

1. The Board may issue a certificate of registrationas a cosmetologists apprentice to a person if:

(a) The person is a resident of a county whosepopulation is less than 50,000;

(b) The person is required to travel more than 60 milesfrom his place of residence to attend a licensed school of cosmetology; and

(c) The training of the person as a cosmetologistsapprentice will be conducted at a licensed cosmetological establishment that islocated in such a county.

2. An applicant for a certificate of registration as acosmetologists apprentice must submit an application to the Board on a formprescribed by the Board. The application must be accompanied by a fee of $100and must include:

(a) A statement signed by the licensed cosmetologistwho will be supervising and training the cosmetologists apprentice whichstates that the licensed cosmetologist has been licensed by the Board topractice cosmetology in this State for not less than 3 years immediatelypreceding the date of the application and that his license has been in goodstanding during that period;

(b) A statement signed by the owner of the licensedcosmetological establishment where the applicant will be trained which statesthat the owner will permit the applicant to be trained as a cosmetologistsapprentice at the cosmetological establishment; and

(c) Such other information as the Board may require byregulation.

3. A certificate of registration as a cosmetologistsapprentice is valid for 2 years after the date on which it is issued and may berenewed by the Board upon good cause shown.

(Added to NRS by 1999, 1150; A 2001, 1997)

NRS 644.2175 Cosmetologistsapprentice: Display of certificate of registration; conditions and limitationson employment and training; records; status and duties of licensees involved intraining; regulations.

1. A cosmetologists apprentice shall display thecertificate of registration issued to him by the Board in plain view of thepublic at the position where he is being trained. The cosmetologistsapprentice, the licensed cosmetologist supervising and training thecosmetologists apprentice, and the owner of the cosmetological establishmentwhere the cosmetologists apprentice is being trained shall not advertise orhold the cosmetologists apprentice out as being a licensed cosmetologist, oruse any title or abbreviation that would indicate that the cosmetologistsapprentice is a licensed cosmetologist.

2. To receive credit for his apprenticeship, acosmetologists apprentice must be regularly employed during his training by:

(a) The cosmetological establishment where he is beingtrained; or

(b) If the cosmetologists apprentice is beingsupervised and trained by a licensed cosmetologist who is leasing space in acosmetological establishment, the licensed cosmetologist.

3. Not more than one cosmetologists apprentice may beemployed at any time at a licensed cosmetological establishment.

4. A licensed cosmetologist who is supervising andtraining a cosmetologists apprentice shall:

(a) Supervise all work done by the cosmetologistsapprentice; and

(b) Be in attendance at all times that thecosmetologists apprentice is engaged in the practice of cosmetology.

5. A licensed cosmetologist who is supervising andtraining a cosmetologists apprentice shall keep a daily record of the trainingthat is provided to the cosmetologists apprentice. The licensed cosmetologistshall:

(a) Keep the daily records at the cosmetologicalestablishment where the cosmetologists apprentice is being trained and, uponthe request of the Board, make the daily records available to the Board; and

(b) Submit a copy of the records to the Board at suchregular intervals as the Board may require by regulation.

6. For the purposes of this chapter:

(a) A licensed cosmetologist is not required to obtaina license from the Board as an instructor to train a cosmetologists apprenticepursuant to this section and NRS 644.217,and the licensed cosmetologist is not subject to regulation as an instructorbecause he provides such training.

(b) A licensed cosmetological establishment whichemploys a cosmetologists apprentice or at which a cosmetologists apprenticeis being trained is not subject to regulation as a school of cosmetologybecause the cosmetologists apprentice is being trained at the cosmetologicalestablishment.

7. The Board may adopt:

(a) Regulations relating to the qualifications of alicensed cosmetologist to supervise and train a cosmetologists apprentice;

(b) Regulations relating to the procedures and subjectmatter that must be included in the training of a cosmetologists apprentice;

(c) Regulations relating to the training of acosmetologists apprentice to verify the number of hours of training receivedby the cosmetologists apprentice; and

(d) Such other regulations as the Board determinesnecessary to carry out the provisions of this section and NRS 644.217.

(Added to NRS by 1999, 1151)

NRS 644.220 Examinationand reexamination: Fees and charges.

1. In addition to the fee for an application, the feesfor examination are:

(a) For examination as a cosmetologist, not less than$75 and not more than $200.

(b) For examination as an electrologist, not less than$75 and not more than $200.

(c) For examination as a hair designer, not less than$75 and not more than $200.

(d) For examination as a manicurist, not less than $75and not more than $200.

(e) For examination as an aesthetician, not less than$75 and not more than $200.

(f) For examination as an instructor of aestheticians,hair designers, cosmetology or manicuring, not less than $75 and not more than$200.

The fee foreach reexamination is not less than $75 and not more than $200.

2. In addition to the fee for an application, the feefor examination or reexamination as a demonstrator of cosmetics is $75.

3. Each applicant referred to in subsections 1 and 2shall, in addition to the fees specified therein, pay the reasonable value ofall supplies necessary to be used in the examination.

[Part 13:218:1931; A 1933, 237; 1939, 242; 1953,150](NRS A 1960, 312; 1979, 1824; 1981, 1353; 1985, 1631, 1855; 1987, 1203;1995, 462; 2001, 1193;2005, 2641)

NRS 644.230 Examinations:General requirements. All examinations ofapplicants must:

1. Include both practical demonstrations and writtenor oral tests, except where otherwise provided in this chapter.

2. Not be confined to any special system or method.

3. Be consistent in both practical and technicalrequirements and of sufficient thoroughness to satisfy the Board as to theapplicants skill in, and knowledge of, the practice of the occupation forwhich a license is sought.

[Part 8:218:1931; A 1933, 237; 1937, 80; 1931 NCL 1862.07](NRS A 1985, 1631)

NRS 644.235 Examinationsprovided in English language; examination in Spanish language upon request;request for translated examination; fee.

1. The Board:

(a) Shall provide examinations for licensure as acosmetologist in English and, upon the request of an applicant for licensure asa cosmetologist, in Spanish; and

(b) May provide examinations for licensure as acosmetologist in any other language upon the request of an applicant, if theBoard determines that providing the examination in that language is in the bestinterests of the public.

2. A request for an examination for licensure as acosmetologist to be translated into a language other than English or Spanishmust be filed with the Board by the applicant making the request at least 90days before the scheduled examination. The Board shall keep all such requestson file.

3. The Board shall impose a fee upon the applicantswho file requests for an examination for licensure as a cosmetologist to betranslated into a language other than English or Spanish. The fee must besufficient to ensure that the applicants bear the full cost for thedevelopment, preparation, administration, grading and evaluation of thetranslated examination. The fee is in addition to all other fees that must bepaid by applicants for the examination for licensure as a cosmetologist.

4. In determining whether it is in the best interestsof the public to translate an examination for licensure as a cosmetologist intoa language other than English or Spanish, the Board shall consider thepercentage of the population within this State whose native language is thelanguage for which the translated examination is sought.

(Added to NRS by 2001, 1520; A 2005, 2642)

NRS 644.240 Cosmetologists:Scope of examination. Examinations forlicensure as a cosmetologist may include:

1. Practical demonstrations in shampooing the hair,hairdressing, styling of hair, finger waving, coloring of hair, manicuring,cosmetics, thermal curling, marcelling, facial massage, massage of the scalpwith the hands, and cutting, trimming or shaping hair;

2. Written or oral tests on:

(a) Antisepsis, sterilization and sanitation;

(b) The use of mechanical apparatus and electricity asapplicable to the practice of a cosmetologist; and

(c) The laws of Nevada and the regulations of the Boardrelating to the practice of cosmetology; and

3. Such other demonstrations and tests as the Boardmay require.

[Part 8:218:1931; A 1933, 237; 1937, 80; 1931 NCL 1862.07](NRS A 1960, 313; 1973, 737; 1981, 1354; 1985, 1632; 2001, 1193)

NRS 644.243 Electrologists:Scope of examination. The examination for alicense as an electrologist may include:

1. Practical demonstrations in the permanent removalof hair;

2. Written and oral tests on:

(a) Antisepsis, sterilization and sanitation;

(b) The use of mechanical and electrical apparatus andelectricity in the removal of hair; and

(c) The laws of Nevada and the regulations of the Boardrelating to cosmetology; and

3. Such other demonstrations and tests as the Boardrequires.

(Added to NRS by 1985, 1626)

NRS 644.244 Hairdesigners: Scope of examination. Theexamination for licensure as a hair designer may include:

1. Practical demonstrations in shampooing the hair,hairdressing, styling of hair, finger waving, coloring of hair, thermalcurling, marcelling, massage of the scalp with the hands, and cutting, trimmingor shaping the hair;

2. Written or oral tests, or both written and oraltests, on:

(a) Antisepsis, sterilization and sanitation;

(b) The use of mechanical apparatus and electricity asapplicable to the practice of a hair designer; and

(c) The laws of this State and the regulations of theBoard relating to the practice of cosmetology; and

3. Such other demonstrations and tests as the Boardmay require.

(Added to NRS by 1995, 461)

NRS 644.245 Manicurists:Scope of examination. The examination for a licenseas a manicurist may include:

1. Practical demonstrations in manicuring, pedicuringor the wrapping or extension of nails;

2. Written and oral tests on:

(a) Antisepsis, sterilization and sanitation;

(b) The use of mechanical apparatus and electricity incaring for the nails; and

(c) The laws of Nevada and regulations of the Boardrelating to cosmetology; and

3. Such other demonstrations and tests as the Boardrequires.

(Added to NRS by 1985, 1625)

NRS 644.246 Demonstratorof cosmetics: Scope of examination. The examinationfor a license as a demonstrator of cosmetics:

1. Must include a written or oral test relating tosanitation; and

2. May include such other demonstrations and tests asthe Board may require.

(Added to NRS by 2001, 1191)

NRS 644.247 Aestheticians:Scope of examination. The examinations for anaesthetician may include:

1. Practical demonstrations in facial massage,cosmetics or arching the eyebrow;

2. Written and oral tests on:

(a) Antisepsis, sterilization and sanitation;

(b) The use of mechanical apparatus and electricity inthe care of skin; and

(c) The laws of Nevada and the regulations of the Boardrelating to cosmetology; and

3. Such other demonstrations and tests as the Boardrequires.

(Added to NRS by 1985, 1625; A 2001, 1193)

NRS 644.260 Issuanceof licenses. The Board shall issue a licenseas a cosmetologist, aesthetician, electrologist, hair designer, manicurist,demonstrator of cosmetics or instructor to each applicant who:

1. Passes a satisfactory examination, conducted by theBoard to determine his fitness to practice that occupation of cosmetology; and

2. Complies with such other requirements as areprescribed in this chapter for the issuance of the license.

[Part 9:218:1931; A 1933, 237; 1931 NCL 1862.08](NRS A 1960, 313; 1981, 1354; 1985, 1632; 1995, 462; 1997, 2162; 2001, 1193; 2005, 2807)

NRS 644.270 Licenseto specify authorized occupation. Everylicense issued by the Board must specify the occupation which the licenseentitles the holder thereof to practice. No person may practice any otheroccupation designated in this chapter than that for which the license isissued.

[Part 9:218:1931; A 1933, 237; 1931 NCL 1862.08](NRS A 1985, 1632)

NRS 644.280 License:Signatures and seal of Board; prima facie evidence of right to practice.

1. Every license issued by the Board must be signed bythe President and attested by the Secretary and must bear the Boards seal.

2. Every license is prima facie evidence of the rightof the holder thereof to practice that occupation of cosmetology for which thelicense is issued.

[10:218:1931; 1931 NCL 1862.09](NRS A 1981, 1354;1985, 1632)

NRS 644.290 Displayof license.

1. The holder of a license issued by the Board topractice any branch of cosmetology must display his current license in plainview of the public at the position where he performs his work.

2. If a person practices cosmetology in more than oneplace, he must carry his license with him and display it wherever he isactually working.

[Part 18:218:1931; 1931 NCL 1862.18](NRS A 1981,1354; 1985, 1633; 1987, 1069; 1991, 2058)

NRS 644.295 Duplicatelicense; fee.

1. A person licensed pursuant to this chapter shallobtain a duplicate of that license if the:

(a) Original was destroyed, misplaced or mutilated; or

(b) Name or address of the licensee has changed.

2. To obtain a duplicate license a person must:

(a) File an affidavit with the Board, on the formprescribed by the Board, which states that the original license was destroyed,misplaced or mutilated or that his name or address has changed; and

(b) Pay a fee of $25.

(Added to NRS by 1981, 1348; A 1985, 1633; 1991,2058; 2005, 2642)

NRS 644.300 Noticeto Secretary of change of location. Everylicensed manicurist, electrologist, aesthetician, hair designer, demonstratorof cosmetics or cosmetologist shall, within 30 days after changing his place ofbusiness, as designated in the records of the Board, notify the Secretary ofthe Board of his new place of business. Upon receipt of the notification, theSecretary shall make the necessary change in the records.

[Part 18:218:1931; 1931 NCL 1862.18](NRS A 1960,313; 1981, 1354; 1985, 1633; 1995, 462; 2001, 1194)

NRS 644.310 Requirementsfor licensing of person licensed in another state or territory or District ofColumbia. Upon application to the Board, accompaniedby a fee of $200, a person currently licensed in any branch of cosmetologyunder the laws of another state or territory of the United States or theDistrict of Columbia may, without examination, unless the Board sees fit torequire an examination, be granted a license to practice the occupation inwhich the applicant was previously licensed upon proof satisfactory to theBoard that the applicant:

1. Is not less than 18 years of age.

2. Is of good moral character.

3. Has successfully completed a nationally recognizedwritten examination in this State or in the state or territory or the Districtof Columbia in which he is licensed.

4. Is currently licensed in another state or territoryor the District of Columbia.

[12:218:1931; 1931 NCL 1862.11](NRS A 1960, 313;1971, 241; 1977, 164; 1979, 1825; 1981, 1354; 1985, 1633; 1999, 1155; 2005, 2642)

NRS 644.315 Requirementsfor issuance and renewal of limited license for person licensed in anotherstate or territory or District of Columbia.

1. The Board may, without examination, issue a limitedlicense to a person currently licensed as a cosmetologist in another state orterritory of the United States or the District of Columbia who intends topractice cosmetology in this State in the limited manner set forth in thissection.

2. A limited license issued pursuant to this sectionauthorizes the holder of the limited license to practice cosmetology in thisState:

(a) In a resort hotel and in other types of locationsthe Board designates by regulation; and

(b) For not more than five periods, of not more than 10days each, during any 1-year period for which the license is issued or renewed.

3. To apply for a limited license pursuant to thissection, an applicant must submit to the Board:

(a) An application which includes the name of theapplicant and the number or other designation identifying the applicantslicense from the other jurisdiction;

(b) Any other information required by the Board; and

(c) An application fee of $100.

4. The Board may issue a limited license pursuant tothis section for not more than 1 year and may renew the limited licenseannually. A limited license expires 1 year after its date of issuance.

5. A holder of a limited license may renew the limitedlicense on or before the date of its expiration. To renew the limited license,the holder must:

(a) Apply to the Board for renewal; and

(b) Submit an annual renewal fee of $100.

6. Not less than 5 days before practicing cosmetologyin this State pursuant to a limited license, the holder of a limited licenseshall notify the Board in writing of the holders intention to practicecosmetology in this State. The notice must specify:

(a) The name and limited license number of the holder;

(b) The specific dates on which the holder will bepracticing cosmetology in this State; and

(c) The name and address of the location at which theholder will be practicing cosmetology in this State.

7. A holder of a limited license is subject to theregulatory and disciplinary authority of the Board to the same extent as anyother licensed cosmetologist for all acts relating to the practice ofcosmetology which occur in this State.

8. The Board:

(a) Shall designate by regulation the types oflocations, in addition to a resort hotel, at which a holder of a limitedlicense may practice cosmetology in this State under a limited license.

(b) May adopt any other regulations as are necessary tocarry out the provisions of this section.

9. As used in this section, resort hotel has themeaning ascribed to it in NRS 463.01865.

(Added to NRS by 2005, 2224)

NRS 644.320 Expirationof license; regulations for proration of fee.

1. The license of every cosmetologist, aesthetician,electrologist, hair designer, manicurist, demonstrator of cosmetics andinstructor expires on July 1 of the next succeeding odd-numbered year or suchother date in that year as specified by the Board.

2. The Board shall adopt regulations governing theproration of the fee required for initial licenses issued for less than 1 1/2years.

[Part 14:218:1931; A 1933, 237; 1953, 150](NRS A1960, 314; 1971, 242; 1979, 1825; 1981, 1355; 1985, 1857; 1991, 2059; 1995,462; 2001, 1194; 2005, 2643, 2855)

NRS 644.325 Renewalof license: Application; statement; fees; penalties for late renewal;photographs.

1. An application for renewal of any license issuedpursuant to this chapter must be:

(a) Made on a form prescribed and furnished by theBoard;

(b) Made on or before the date for renewal specified bythe Board;

(c) Accompanied by the fee for renewal; and

(d) Accompanied by all information required to completethe renewal.

2. The fees for renewal are:

(a) For manicurists, electrologists, aestheticians,hair designers, demonstrators of cosmetics and cosmetologists, not less than$50 and not more than $100.

(b) For instructors, not less than $60 and not morethan $100.

(c) For cosmetological establishments, not less than$100 and not more than $200.

(d) For schools of cosmetology, not less than $500 andnot more than $800.

3. For each month or fraction thereof after the datefor renewal specified by the Board in which a license is not renewed, theremust be assessed and collected at the time of renewal a penalty of $50 for aschool of cosmetology and $20 for a cosmetological establishment and allpersons licensed pursuant to this chapter.

4. An application for the renewal of a license as acosmetologist, hair designer, aesthetician, electrologist, manicurist,demonstrator of cosmetics or instructor must be accompanied by two currentphotographs of the applicant which are 1 1/2 by 1 1/2 inches. The name andaddress of the applicant must be written on the back of each photograph.

(Added to NRS by 1985, 1850; A 1987, 1070; 1991,2059; 1995, 462; 1997, 2162; 2001, 1194; 2005, 2643, 2773, 2807)

NRS 644.330 Renewalof license after expiration; restoration after retirement.

1. A manicurist, electrologist, aesthetician, hairdesigner, cosmetologist, demonstrator of cosmetics or instructor whose licensehas expired may have his license renewed only upon payment of all required feesand submission of all information required to complete the renewal.

2. Any manicurist, electrologist, aesthetician, hairdesigner, cosmetologist, demonstrator of cosmetics or instructor who retiresfrom practice for more than 1 year may have his license restored only uponpayment of all required fees and submission of all information required tocomplete the restoration.

3. No manicurist, electrologist, aesthetician, hairdesigner, cosmetologist, demonstrator of cosmetics or instructor who has retiredfrom practice for more than 4 years may have his license restored withoutexamination and must comply with any additional requirements established inregulations adopted by the Board.

[Part 14:218:1931; A 1933, 237; 1953, 150](NRS A1960, 314; 1981, 1355; 1985, 1634; 1991, 2059; 1995, 463; 1997, 2163; 2001, 1194; 2005, 2773, 2807)

COSMETOLOGICAL ESTABLISHMENTS

NRS 644.340 Applicationfor license; verbal review; issuance and activation of license; on-siteinspection; fees.

1. Any person wishing to operate a cosmetologicalestablishment in which any one or a combination of the occupations ofcosmetology are practiced must apply to the Board for a license, through theowner, manager or person in charge, upon forms prepared and furnished by theBoard. Each application must contain a detailed floor plan of the proposedcosmetological establishment and proof of the particular requisites for alicense provided for in this chapter, and must be verified by the oath of themaker.

2. The applicant must submit the applicationaccompanied by the required fees for inspection and licensing. After theapplicant has submitted the application, the applicant must contact the Boardand request a verbal review concerning the application to determine if thecosmetological establishment complies with the requirements of this chapter andthe regulations adopted by the Board. If, based on the verbal review, the Boarddetermines that the cosmetological establishment meets those requirements, theBoard shall issue to the applicant the required license. Upon receipt of thelicense, the applicant must contact the Board to request the activation of thelicense. A license issued pursuant to this subsection is not valid until it isactivated. The Board shall conduct an on-site inspection of the cosmetologicalestablishment not later than 90 days after the date on which the license isactivated.

3. The fee for a license for a cosmetologicalestablishment is $200. The fee for the initial inspection is $15. If anadditional inspection is necessary, the fee is $25.

[Part 16:218:1931; A 1933, 237; 1953, 150] + [Part17:218:1931; A 1933, 237; 1953, 150](NRS A 1960, 314; 1971, 239; 1979, 1826;1981, 1355; 1985, 1634, 1858; 1987, 731; 1991, 2060; 1999, 1155; 2005, 2644)

NRS 644.345 Noticeof change of ownership or location; new license and fees; approval of changesin physical structure of cosmetological establishment by Board.

1. The Board must be notified of any change ofownership, name, services offered or location of a cosmetologicalestablishment. The establishment may not be operated after the change until anew license is issued. The owner of the establishment must apply to the Boardfor the license and pay the fees established pursuant to subsection 3 of NRS 644.340.

2. After a license has been issued for the operationof a cosmetological establishment, any changes in the physical structure of theestablishment must be approved by the Board.

(Added to NRS by 1985, 1626; A 1991, 2060)

NRS 644.350 Cosmetologicalestablishment: Expiration of license.

1. The license of every cosmetological establishmentexpires on July 1 of the next succeeding odd-numbered year.

2. If a cosmetological establishment fails to pay therequired fee by October 1 of the year in which renewal of the license isrequired, the establishment must be immediately closed.

[Part 16:218:1931; A 1933, 237; 1953, 150] + [Part17:218:1931; A 1933, 237; 1953, 150](NRS A 1971, 239; 1981, 1356; 1985, 1634,1858; 1987, 1070)

NRS 644.360 Displayof license; limitation on persons to whom space may be leased; limitation onpersons who may be employed.

1. Every holder of a license issued by the Board tooperate a cosmetological establishment shall display the license in plain viewof members of the general public in the principal office or place of businessof the holder.

2. Except asotherwise provided in this section, the operator of a cosmetologicalestablishment may lease space to or employ only licensed manicurists,electrologists, aestheticians, hair designers, demonstrators of cosmetics andcosmetologists at his establishment to provide cosmetological services. Thissubsection does not prohibit an operator of a cosmetological establishmentfrom:

(a) Leasing space to or employing a barber. Such abarber remains under the jurisdiction of the State Barbers Health andSanitation Board and remains subject to the laws and regulations of this Stateapplicable to his business or profession.

(b) Leasing space to any other professional, including,without limitation, a provider of health care pursuant to subsection 3. Eachsuch professional remains under the jurisdiction of the regulatory body whichgoverns his business or profession and remains subject to the laws andregulations of this State applicable to his business or profession.

3. The operatorof a cosmetological establishment may lease space at his cosmetologicalestablishment to a provider of health care for the purpose of providing healthcare within the scope of his practice. The provider of health care shall notuse the leased space to provide such health care at the same time acosmetologist uses that space to engage in the practice of cosmetology. Aprovider of health care who leases space at a cosmetological establishmentpursuant to this subsection remains under the jurisdiction of the regulatorybody which governs his business or profession and remains subject to the lawsand regulations of this State applicable to his business or profession.

4. As used in this section:

(a) Provider of health care means a person who islicensed, certified or otherwise authorized by the law of this State toadminister health care in the ordinary course of business or practice of aprofession.

(b) Space includes, without limitation, aseparate room in the cosmetological establishment.

[Part 18:218:1931; 1931 NCL 1862.18](NRS A 1971,1119; 1985, 1626, 1859; 1987, 1070; 1991, 2060; 1995, 463; 2001, 1195; 2003, 2533; 2005, 2644, 2856)

NRS 644.365 Cosmetologicalestablishment: Practice of cosmetology by certain licensed cosmetologists. Cosmetology may be practiced in a cosmetologicalestablishment by licensed cosmetologists who are:

1. Employees of the owner of the enterprise; or

2. Lessees of space from the owner of the enterprise.

(Added to NRS by 1985, 1626)

NRS 644.370 Cosmetologicalestablishment: Supervision by licensed person. Acosmetological establishment must, at all times, be under the immediatesupervision of a licensed manicurist, electrologist, aesthetician, hairdesigner or cosmetologist.

[Part 17:218:1931; A 1933, 237; 1953, 150](NRS A1981, 1356; 1985, 1859; 1995, 463)

NRS 644.375 Foodand beverage sales. Food or beverages forimmediate consumption may be sold in a cosmetological establishment.

(Added to NRS by 2001, 1191; A 2003, 2533)

SCHOOLS OF COSMETOLOGY

NRS 644.380 Applicationfor license; determinations by Board; fee; new license required for change inownership or location; approval of changes in physical structure of school ofcosmetology by Board.

1. Any person desiring to conduct a school ofcosmetology in which any one or any combination of the occupations ofcosmetology are taught must apply to the Board for a license, through theowner, manager or person in charge, upon forms prepared and furnished by theBoard. Each application must contain proof of the particular requisites for alicense provided for in this chapter, and must be verified by the oath of themaker. The forms must be accompanied by:

(a) A detailed floor plan of the proposed school;

(b) The name, address and number of the license of themanager or person in charge and of each instructor;

(c) Evidence of financial ability to provide thefacilities and equipment required by regulations of the Board and to maintainthe operation of the proposed school for 1 year;

(d) Proof that the proposed school will commenceoperation with an enrollment of not less than 25 bona fide students;

(e) The annual fee for a license; and

(f) The name and address of the person designated toaccept service of process.

2. Upon receipt by the Board of the application, theBoard shall, before issuing a license, determine whether the proposed school:

(a) Is suitably located.

(b) Contains at least 5,000 square feet of floor spaceand adequate equipment.

(c) Meets all requirements established by regulationsof the Board.

3. The annual fee for a license for a school ofcosmetology is not less than $500 and not more than $800.

4. If the ownership of the school changes or theschool moves to a new location, the school may not be operated until a newlicense is issued by the Board.

5. After a license has been issued for the operationof a school of cosmetology, the licensee must obtain the approval of the Boardbefore making any changes in the physical structure of the school.

[Part 16:218:1931; A 1933, 237; 1953, 150] + [Part17:218:1931; A 1933, 237; 1953, 150](NRS A 1960, 314; 1971, 239; 1981, 1356;1985, 1635, 1859; 1987, 1203; 1991, 2060; 2005, 2645)

NRS 644.383 Suretybond.

1. The owner of each school of cosmetology shall postwith the Board a surety bond executed by the applicant as principal and by asurety company as surety. If the license for the school was issued:

(a) On or before June 30, 2005, the bond must be in theamount of $10,000; or

(b) On or after July 1, 2005, except as otherwiseprovided in subsections 6 and 7, the bond must be in the amount determined bythe Board pursuant to subsections 2 to 5, inclusive.

2. The amount of the bond required for a school ofcosmetology pursuant to paragraph (b) of subsection 1 is the total of theamounts of the bonds for all of the programs offered by the school, except that:

(a) The total amount determined pursuant to subsections3, 4 and 5 must be rounded down to the nearest $5,000; and

(b) The amount of the bond required for the school mustnot be less than $10,000 or more than $400,000.

3. Except as otherwise provided in subsection 4, theamount of the bond for a program at a school of cosmetology is equal to thecost to be paid by a student for the program multiplied by the number ofstudents who will enroll in the program each year.

4. If the length of a program at a school ofcosmetology is less than 1 year, the amount of the bond for that program isequal to the amount determined pursuant to subsection 3 divided by 52 andmultiplied by the number of whole or partial weeks in the program.

5. Except as otherwise provided in subsection 2, theamount of the bond required for a school of cosmetology pursuant to paragraph(b) of subsection 1 must be reduced to 12 percent of the total of the amountscalculated pursuant to subsections 3 and 4 if the school participates in:

(a) Any program of student assistance pursuant to TitleIV of the Higher Education Act of 1965, as amended, 20 U.S.C. 1070 et. seq.;or

(b) Any other program administered by the United StatesDepartment of Education through which students at the school receive loans.

6. If a school of cosmetology has been licensed fornot less than 5 years, the Board shall set the amount of the bond requiredpursuant to paragraph (b) of subsection 1 for the school:

(a) In the amount of $10,000, if the Board did notreceive any valid complaints against the school during the immediatelypreceding 5 years;

(b) In an amount not less than $10,000 and not morethan the amount calculated pursuant to subsections 2 to 5, inclusive, if theBoard received one or more valid complaints against the school during theimmediately preceding 5 years and the Board determines that each such complaintwas a complaint of a minor violation of the provisions of this chapter or ofany regulations adopted pursuant to this chapter; and

(c) In the amount calculated pursuant to subsections 2to 5, inclusive, if the Board received one or more valid complaints against theschool during the immediately preceding 5 years and the Board determines thatany such complaint was a complaint of a major violation of the provisions ofthis chapter or any regulations adopted pursuant thereto.

7. The bond required for a school of cosmetology mustbe in the amount of $10,000 if the school:

(a) Is initially licensed on or before June 30, 2005;

(b) Has been continuously licensed since June 30, 2005;and

(c) Is relocated and obtains a license for the newlocation on or after July 1, 2005.

8. The bond must be in the form approved by the Boardand must be conditioned upon compliance with the provisions of this chapter andupon faithful compliance with the terms and conditions of any contracts, verbalor written, made by the school to furnish instruction to any person. The bondmust be to the State of Nevada in favor of every person who pays or depositsmoney with the school as payment for instruction. A bond continues in effectuntil notice of termination is given by registered or certified mail to theBoard, and every bond must set forth this fact.

9. A person claiming to be injured or damaged by anact of the school may maintain an action in any court of competent jurisdictionon the bond against the school and the surety named therein, or either of them,for refund of tuition paid. Any judgment against the principal or surety in anysuch action must include the costs thereof and those incident to the bringingof the action, including a reasonable attorneys fee. The aggregate liabilityof the surety to all such persons may not exceed the sum of the bond.

10. The Board shall adopt regulations defining theterms minor violation and major violation for the purposes of subsection 6.

(Added to NRS by 1960, 316; A 1969, 95; 1981, 1357;1985, 1635; 1987, 1204; 2005, 2856)

NRS 644.385 Evidenceof personal integrity and moral responsibility of applicant; designation ofperson authorized to accept service of notice from Board and transact business.

1. The Board may refuse to issue a school ofcosmetology license to any applicant who fails to present satisfactory evidenceof personal integrity and moral responsibility, and, if the applicant is acorporation, the provisions of this subsection shall apply to all the officersthereof.

2. No school of cosmetology license may be issueduntil the owner files with the Board a statement designating the personauthorized to accept service of notice from the Board and to transact allbusiness negotiations in behalf of the school.

(Added to NRS by 1960, 316)

NRS 644.387 Certaincosmetological establishments deemed schools of cosmetology. Every cosmetological establishment which exacts a fee forthe teaching of any branch of cosmetology is a school of cosmetology and shallcomply with the provisions of NRS 644.400and the regulations adopted by the Board.

(Added to NRS by 1985, 1850; A 1987, 731, 1204)

NRS 644.393 Feefor each student to be paid to Board. Everyschool of cosmetology shall pay to the Board a fee of $10 for each studentwithin 30 days after the student is enrolled or reenrolled.

(Added to NRS by 1985, 1850; A 1991, 2061; 2005, 2646)

NRS 644.395 Staffof instructors. Each school of cosmetologyshall maintain a staff of at least two licensed instructors and one additionallicensed instructor for each 25 enrolled students, or major portion thereof,over 50 students. A school of cosmetology must have at least two licensedinstructors present and teaching at any time while the school is open. Personsinstructing pursuant to provisional licenses issued pursuant to NRS 644.193 are considered instructors forthe purposes of this section.

(Added to NRS by 1985, 1850; A 1987, 1314; 1989,1319; 1991, 2061)

NRS 644.400 Supervision;equipment, courses, records and other requirements.

1. A school of cosmetology must at all times be underthe immediate supervision of a licensed instructor who has had practicalexperience of at least 1 year in the practice of a majority of the branches ofcosmetology in an established place of business.

2. A school of cosmetology shall:

(a) Maintain a school term of not less than 1,800 hoursextending over a period of not more than 36 months, and maintain a course ofpractical training and technical instruction equal to the requirements forexamination for a license as a cosmetologist.

(b) Maintain apparatus and equipment sufficient toteach all the subjects of its curriculum.

(c) Keep a daily record of the attendance of eachstudent, a record devoted to the different practices, establish grades and holdexaminations before issuing diplomas. These records must be submitted to theBoard pursuant to its regulations.

(d) Include in its curriculum a course of deportmentconsisting of instruction in courtesy, neatness and professional attitude inmeeting the public.

(e) Arrange the courses devoted to each branch orpractice of cosmetology as the Board may from time to time adopt as the courseto be followed by the schools.

(f) Not allow any student to perform services on thepublic for more than 7 hours in any day.

(g) Conduct at least 5 hours of instruction in theoryin each 40-hour week or 6 hours of instruction in theory in each 48-hour week,which must be attended by all registered students.

(h) Require that all work by students be done on thebasis of rotation.

3. Except as otherwise provided in subsection 4, theBoard may, upon request, authorize a school of cosmetology to offer, inaddition to courses which are included in any curriculum required for licensureas a cosmetologist, any other course.

4. The Board shall, upon request, authorize a schoolof cosmetology to offer a course or program that is designed, intended or usedto prepare or qualify another person for licensure in the field of massagetherapy if:

(a) The school of cosmetology has obtained alllicenses, authorizations and approvals required by state and local law to offersuch a course or program; and

(b) With regard to that portion of the premises wherethe school of cosmetology offers courses included in the cosmetologicalcurriculum, the school of cosmetology continues to comply with the provisionsof this chapter and any regulations adopted pursuant thereto.

5. Notwithstanding any other provision of law, if aschool of cosmetology offers a course or program that is designed, intended orused to prepare or qualify another person for licensure in the field of massagetherapy:

(a) The Board has exclusive jurisdiction over theauthorization and regulation of the course or program offered by the school ofcosmetology; and

(b) The school of cosmetology is not required to obtainany other license, authorization or approval to offer the course or program.

[Part 17:218:1931; A 1933, 237; 1953, 150](NRS A1960, 315; 1971, 240, 1119; 1979, 1826; 1981, 1357; 1985, 1636, 1859; 1987,1204; 2003, 2533;2005, 2858)

NRS 644.403 Unconscionablecontracts with students.

1. An unconscionable contract between a school ofcosmetology and a student of cosmetology is not enforceable.

2. Unconscionable contract means a contract which aperson of common sense, who was not under a delusion, would not execute andwhich a fair and honest man would not accept. The fact that one provision of acontract or the entire contract is more favorable to one party than anotherdoes not in itself render a contract unconscionable.

(Added to NRS by 1969, 882)

NRS 644.405 Restrictionson advertisement of work of students on public for pay. No school of cosmetology may advertise student work to thepublic for pay through any medium, including radio, unless the work advertisedis expressly designated as students work.

(Added to NRS by 1960, 317; A 1981, 1358)

NRS 644.408 Amountof instruction required before student commences work on public. A student must receive the following minimum amount of instructionin the classroom before commencing work on members of the public:

1. A student enrolled as a cosmetologist must receiveat least 300 hours.

2. A student enrolled as a hair designer must receiveat least 300 hours.

3. A student enrolled as a manicurist must receive atleast 100 hours.

4. A student enrolled as an electrologists apprenticemust receive at least 150 hours.

5. A student enrolled as an aesthetician must receiveat least 120 hours.

(Added to NRS by 1981, 1348; A 1985, 1636; 1991,2061; 1995, 463; 2005,2646, 2859)

NRS 644.410 Displayof license. Every holder of a license issuedby the Board to operate a school of cosmetology shall display the license in aconspicuous place in the principal office or place of business of the holder.

[Part 18:218:1931; 1931 NCL 1862.18]

DEMONSTRATIONS

NRS 644.425 Temporaryeducational permit; unlawful acts. Repealed. (See chapter 495, Statutes of Nevada 2005,at page 2647 and chapter 506, Statutes of Nevada 2005,at page 2859.)

DISCIPLINARY ACTIONS

NRS 644.430 Grounds;authorized disciplinary action; orders imposing discipline deemed publicrecords.

1. The following are grounds for disciplinary actionby the Board:

(a) Failure of an owner of a cosmetologicalestablishment, a licensed aesthetician, cosmetologist, hair designer,electrologist, instructor, manicurist, demonstrator of cosmetics or school ofcosmetology, or a cosmetologists apprentice to comply with the requirements ofthis chapter or the applicable regulations adopted by the Board.

(b) Obtaining practice in cosmetology or any branchthereof, for money or any thing of value, by fraudulent misrepresentation.

(c) Gross malpractice.

(d) Continued practice by a person knowingly having aninfectious or contagious disease.

(e) Drunkenness or the use or possession, or both, of acontrolled substance or dangerous drug without a prescription, while engaged inthe practice of cosmetology.

(f) Advertisement by means of knowingly false ordeceptive statements.

(g) Permitting a license to be used where the holderthereof is not personally, actively and continuously engaged in business.

(h) Failure to display the license as provided in NRS 644.290, 644.360 and 644.410.

(i) Entering, by a school of cosmetology, into anunconscionable contract with a student of cosmetology.

(j) Continued practice of cosmetology or operation of acosmetological establishment or school of cosmetology after the licensetherefor has expired.

(k) Any other unfair or unjust practice, method ordealing which, in the judgment of the Board, may justify such action.

2. If the Board determines that a violation of thissection has occurred, it may:

(a) Refuse to issue or renew a license;

(b) Revoke or suspend a license;

(c) Place the licensee on probation for a specifiedperiod;

(d) Impose a fine not to exceed $2,000; or

(e) Take any combination of the actions authorized byparagraphs (a) to (d), inclusive.

3. An order that imposes discipline and the findingsof fact and conclusions of law supporting that order are public records.

[Part 19:218:1931; 1931 NCL 1862.19](NRS A 1969,881; 1971, 2044; 1979, 1828; 1981, 1359; 1985, 1637; 1987, 1205, 1572; 1991,2062; 1995, 464; 1999,1156; 2001, 1195;2003, 3463; 2005, 2646)

NRS 644.435 Suspensionof license or registration for failure to pay child support or comply withcertain subpoenas or warrants; reinstatement of license or registration.[Expires by limitation 2 years after the date of the repeal of the federal lawrequiring each state to establish procedures for withholding, suspending andrestricting the professional, occupational and recreational licenses for childsupport arrearages and for noncompliance with certain processes relating topaternity or child support proceedings.]

1. If the Board receives a copy of a court orderissued pursuant to NRS 425.540 thatprovides for the suspension of all professional, occupational and recreationallicenses, certificates and permits issued to a person who has been issued alicense or been registered pursuant to NRS644.190 to 644.330, inclusive, theBoard shall deem the license or registration issued to that person to besuspended at the end of the 30th day after the date on which the court orderwas issued unless the Board receives a letter issued by the district attorneyor other public agency pursuant to NRS425.550 to the holder of the license or registration stating that theholder of the license or registration has complied with the subpoena or warrantor has satisfied the arrearage pursuant to NRS425.560.

2. The Board shall reinstate a license or registrationissued pursuant to NRS 644.190 to 644.330, inclusive, that has been suspendedby a district court pursuant to NRS 425.540if the Board receives a letter issued by the district attorney or other publicagency pursuant to NRS 425.550 to theperson whose license or registration was suspended stating that the personwhose license or registration was suspended has complied with the subpoena orwarrant or has satisfied the arrearage pursuant to NRS 425.560.

(Added to NRS by 1997, 2162; A 1999, 1157; 2001, 1195, 1520; 2005, 2225, 2807, 2808, 2811)

 

NRS 644.440 Noticeand hearing for denial of license; citation for violation of regulationconcerning sanitation or health; grounds for immediate suspension and automaticrevocation.

1. The Board may refuse to issue or renew any licenseonly upon 20 days notice in writing to the interested parties. The notice mustcontain a brief statement of the reasons for the contemplated action of theBoard and designate a proper time and place for the hearing of all interestedparties before any final action is taken.

2. Notice, within the provisions of subsection 1,shall be deemed to have been given when the Board deposits with the UnitedStates Postal Service a copy of the notice, addressed to the designated or lastknown residence of the applicant or licensee.

3. Notwithstanding the provisions of chapter 622A of NRS, violations of anyregulation of the Board for sanitation or of any statute or regulation of theState Board of Health or any county regulation concerning health may becorrected by any inspector of the Board by giving notice in the form of acitation. Any licensee receiving a citation shall immediately correct theviolation or shall show that corrections have commenced. Failure to correct orto commence corrections within 72 hours after receipt of the citation subjectsthe license to immediate suspension. The Board may then give 20 days noticefor hearing to show cause why the license should not be permanently revoked.

4. Notwithstanding the provisions of chapter 622A of NRS, the closure of anyestablishment or school by the State Board of Health acts as an automaticrevocation of the license.

[Part 19:218:1931; 1931 NCL 1862.19](NRS A 1971,1121; 1985, 1637; 1987, 731; 1991, 2063; 2005, 801)

NRS 644.445 Disciplinaryaction by hearing officer or panel: Procedural requirements; powers and dutiesof officer or panel; appeals. Repealed. (See chapter 225, Statutes of Nevada 2005,at page 807.)

 

NRS 644.446 Confidentialityof certain records of Board; exceptions.

1. Except as otherwise provided in this section, acomplaint filed with the Board, all documents and other information filed withthe complaint and all documents and other information compiled as a result ofan investigation conducted to determine whether to initiate disciplinary actionagainst a person are confidential, unless the person submits a writtenstatement to the Board requesting that such documents and information be madepublic records.

2. The charging document filed with the Board toinitiate disciplinary action pursuant to chapter622A of NRS and all documents and information considered by the Board whendetermining whether to impose discipline are public records.

3. The provisions of this section do not prohibit theBoard from communicating or cooperating with or providing any documents orother information to any other licensing board or any other agency that isinvestigating a person, including, without limitation, a law enforcementagency.

(Added to NRS by 2003, 3463; A 2005, 801)

NRS 644.447 Injunctions. [Replaced in revision by NRS644.500.]

 

APPLICABILITY OF CHAPTER

NRS 644.460 Exemptions.

1. The following persons are exempt from theprovisions of this chapter:

(a) All persons authorized by the laws of this State topractice medicine, dentistry, osteopathic medicine, chiropractic or podiatry.

(b) Commissioned medical officers of the United StatesArmy, Navy, or Marine Hospital Service when engaged in the actual performanceof their official duties, and attendants attached to those services.

(c) Barbers, insofar as their usual and ordinaryvocation and profession is concerned, when engaged in any of the followingpractices:

(1) Cleansing or singeing the hair of anyperson.

(2) Massaging, cleansing, stimulating,exercising or similar work upon the scalp, face or neck of any person, with thehands or with mechanical or electrical apparatus or appliances, or by the useof cosmetic preparations, antiseptics, tonics, lotions or creams.

(d) Retailers, at a retail establishment, insofar astheir usual and ordinary vocation and profession is concerned, when engaged inthe demonstration of cosmetics if:

(1) The demonstration is without charge to theperson to whom the demonstration is given; and

(2) The retailer does not advertise or provide acosmetological service except cosmetics and fragrances.

(e) Photographers or their employees, insofar as theirusual and ordinary vocation and profession is concerned, if the photographer orhis employee does not advertise cosmetological services and provides cosmeticswithout charge to the customer.

2. Any school of cosmetology conducted as part of thevocational rehabilitation training program of the Department of Corrections orthe Caliente Youth Center:

(a) Is exempt from the requirements of paragraph (c) ofsubsection 2 of NRS 644.400.

(b) Notwithstanding the provisions of NRS 644.395, shall maintain a staff of atleast one licensed instructor.

[15:218:1931; A 1933, 237; 1931 NCL 1862.15](NRS A1969, 567, 910; 1975, 1015; 1977, 965; 1983, 730; 1985, 1862; 1989, 1963; 1991,2063; 2001, 1196;2001 Special Session,248, 249)

PROHIBITED PRACTICES; REMEDIES; PENALTIES

NRS 644.470 Treatmentby X ray prohibited; application or implantation of certain substancesprohibited; penalty. Nothing in this chapter:

1. Authorizes the use of any X-ray machine in thetreatment of the scalp or in the removal of superfluous hair; or

2. Permits the local application of carbolic acid orcorrosive sublimates or their derivatives or compounds, salicylic acid,resorcinol, or any other corrosive substance for the purpose of peeling skin.Any implantation of permanent pigment into the skin is prohibited.

A violationof the provisions of this section constitutes a misdemeanor.

[12a:218:1931; 1931 NCL 1862.12](NRS A 1967, 643;1987, 1071)

NRS 644.471 Unlawfulto engage in practice of cosmetology unless wearing clean outer garments;regulations of Board.

1. It is unlawful for a person to engage in thepractice of any branch of cosmetology unless he is wearing clean outer garmentswhich are suitable to allow the safe and hygienic practice of cosmetology.

2. The Board shall adopt regulations which prescribestandards for the garments required by subsection 1.

(Added to NRS by 1993, 2646)

NRS 644.472 Unlawfulfor animal to be on premises of licensed cosmetological establishment;exception.

1. Except as otherwise provided in subsection 2, it isunlawful for any animal to be on the premises of a licensed cosmetologicalestablishment.

2. An aquarium may be maintained on the premises of alicensed cosmetological establishment.

(Added to NRS by 1985, 1627; A 1989, 2005)

NRS 644.473 Unlawfulacts concerning cutting of mens hair and practice of barbering. It is unlawful for:

1. Any licensed cosmetological establishment torepresent itself to the public as primarily engaged in the business of cuttingmens hair; or

2. Any person licensed pursuant to this chapter toengage in any act or practice which constitutes a violation of subsection 6 or7 of NRS 643.190.

(Added to NRS by 1969, 1164; A 2005, 2647)

NRS 644.475 Stylingof hairpieces: Restrictions.

1. Any establishment in which hairpieces are sold mayset or style a new hairpiece on a person in preparation for retail sale. Afterthe sale, the hairpiece may only be set or styled by a licensed cosmetologistor hair designer.

2. A used hairpiece must be cleaned by a licensedcosmetologist or hair designer before being sold or tried on a customer.

3. This section does not prohibit a licensed barberfrom performing any service with respect to hairpieces which a licensedcosmetologist or hair designer may perform.

(Added to NRS by 1969, 914; A 1995, 465)

NRS 644.476 Unlawfulto copy or alter license. It is unlawful for aperson to reproduce mechanically or otherwise copy or alter a license issuedpursuant to this chapter.

(Added to NRS by 1991, 2054)

NRS 644.477 Unlawfulto practice other professions in cosmetological establishment; exceptions. Repealed. (See chapter 495, Statutes of Nevada 2005,at page 2647 and chapter 506, Statutes of Nevada 2005,at page 2859.)

 

NRS 644.480 Penalties.

1. Every person violating any of the provisions ofthis chapter shall be guilty of a misdemeanor.

2. Every person required by the provisions of thischapter to perform any act or duty who shall fail, refuse or neglect to performthe duty in the manner directed by the provisions of this chapter shall beguilty of a misdemeanor.

3. Every person required by the provisions of thischapter to perform any duty at a specified time or in a specified manner whoshall fail, refuse or neglect to perform the duty at the time and in the mannerprovided by the terms of this chapter shall be guilty of a misdemeanor.

[24:218:1931; added 1933, 237; 1931 NCL 1862.24](NRS A 1967, 644)

NRS 644.490 Additionalpenalties for person who engages in certain conduct without license; authorityof Board to issue citations and orders to cease and desist; administrativefines; appeals.

1. In addition to any other penalty:

(a) The Board may issue a citation to a person whoviolates the provisions of NRS 644.190.A citation issued pursuant to this paragraph must be in writing and describewith particularity the nature of the violation. The citation also must informthe person of the provisions of subsection 2. A separate citation must beissued for each violation. If appropriate, the citation may contain an order tocease and desist.

(b) Upon finding that a person has violated theprovisions of NRS 644.190, the Boardshall assess an administrative fine of:

(1) For the first violation, $1,000.

(2) For the second violation, $1,500.

(3) For the third or subsequent violation,$2,000.

2. To appeal a finding of a violation of NRS 644.190, the person must request a hearingby written notice of appeal to the Board within 30 days after the date on whichthe citation is issued.

(Added to NRS by 1999, 1152; A 2005, 2647)

NRS 644.500 Injunctions. When any person has engaged in any act or practice whichconstitutes an offense under this chapter, the district court of any county, onapplication of the Board, may issue an injunction or other appropriate order restrainingthe act or practice, without a showing of actual harm. A proceeding under thissection is governed by Rule 65 of the Nevada Rules of Civil Procedure.

(Added to NRS by 1985, 1627)(Substituted in revisionfor NRS 644.447)

NRS 644.510 Actionsand remedies cumulative and not exclusive.

1. The actions and remedies authorized by this chapterare cumulative.

2. When an agency or officer elects to take aparticular action or pursue a particular remedy authorized by this chapter oranother specific statute, that election is not exclusive and does not precludethe agency or officer or another agency or officer from taking any otheractions or pursuing any other remedies authorized by this chapter or anotherspecific statute.

(Added to NRS by 2005, 2639)

 

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