[Rev. 2/11/2015 11:45:57
AM--2014R2]
CHAPTER 644 - COSMETOLOGY
GENERAL PROVISIONS
NRS 644.020 Definitions.
NRS 644.0205 “Aesthetician”
defined.
NRS 644.021 “Board”
defined.
NRS 644.0225 “Cosmetological
establishment” defined.
NRS 644.023 “Cosmetologist”
defined.
NRS 644.0233 “Cosmetologist’s
apprentice” defined.
NRS 644.024 “Cosmetology”
defined.
NRS 644.0245 “Demonstrator
of cosmetics” defined.
NRS 644.026 “Electrologist”
defined.
NRS 644.0265 “Electrologist’s
apprentice” defined.
NRS 644.0268 “Establishment
for hair braiding” defined.
NRS 644.0273 “Hair
braider” defined.
NRS 644.0274 “Hair
braiding” defined.
NRS 644.0277 “Hair
designer” defined.
NRS 644.029 “Nail
technologist” defined.
NRS 644.0295 “Threading”
defined.
STATE BOARD OF COSMETOLOGY
NRS 644.030 Creation;
number and appointment of members; composition.
NRS 644.040 Qualifications
of members.
NRS 644.050 Terms
and oaths of members.
NRS 644.060 Officers.
NRS 644.070 Meetings;
compensation of members and employees; payment from fees and receipts.
NRS 644.075 Fiscal
year.
NRS 644.080 Employees;
offices; records and files; seal; subpoenas.
NRS 644.090 Examinations;
issuance of licenses; reports of violations; inspections.
NRS 644.095 Approval
of device used in cosmetology.
NRS 644.100 Hearings
and proceedings by or before less than entire Board.
NRS 644.110 Regulations.
NRS 644.120 Regulations
governing sanitary conditions.
NRS 644.130 Record
of licenses; disclosure of information.
NRS 644.135 Limitations
on information that may be included on license or certificate for public
display.
NRS 644.140 Record
of proceedings; other duties.
NRS 644.150 Employees,
attorneys and other professional consultants.
NRS 644.160 Biennial
report to Governor; contents.
NRS 644.170 Deposit
of fees and receipts; expenditures; delegation of authority to take
disciplinary action; deposit of fines imposed by Board; claims for attorney’s
fees and costs of investigation.
NRS 644.180 Revolving
fund.
LICENSING AND REGULATION OF AESTHETICIANS, COSMETOLOGISTS,
ELECTROLOGISTS, HAIR BRAIDERS, HAIR DESIGNERS, NAIL TECHNOLOGISTS,
DEMONSTRATORS OF COSMETICS, INSTRUCTORS AND APPRENTICES
NRS 644.190 Unlawful
practices without license; exceptions.
NRS 644.191 Reduction
of duplication in licensing procedure for applicant who also applies to Board
of Massage Therapists to practice massage therapy.
NRS 644.192 Reduction
of duplication in licensing procedure for applicant who also applies to local
governmental entity to practice massage therapy.
NRS 644.193 Instructors:
Qualifications for provisional license; fee for license; expiration and
extension of license.
NRS 644.195 Instructors:
Qualifications; fee for license.
NRS 644.1955 Instructors
of aestheticians: Qualifications for examination; advanced training.
NRS 644.196 Instructors
in cosmetology: Qualifications for examination.
NRS 644.197 Instructors
in nail technology: Qualifications for examination; advanced training.
NRS 644.199 Student
instructors: Qualifications; fee for license; scope of practice; expiration and
extension of license.
NRS 644.200 Cosmetologists:
Qualifications for examination.
NRS 644.203 Electrologists:
Qualifications for examination.
NRS 644.204 Hair
designers: Qualifications for examination.
NRS 644.205 Nail
technologists: Qualifications for examination.
NRS 644.206 Demonstrator
of cosmetics: Qualifications for examination.
NRS 644.207 Aestheticians:
Qualifications for examination.
NRS 644.208 Hair
braiders: General qualifications for examination.
NRS 644.209 Hair
braiders: Qualifications for examination for person who has practiced hair
braiding in another state.
NRS 644.210 Application
required for examination, license or certificate of registration; fee to obtain
forms; contents; verification.
NRS 644.214 Payment
of child support: Submission of certain information by applicant; grounds for
denial of license or evidence of registration; duty of Board. [Effective until
the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state
to establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
NRS 644.214 Payment
of child support: Submission of certain information by applicant; grounds for
denial of license or evidence of registration; duty of Board. [Effective on the
date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings and expires by limitation 2 years after that
date.]
NRS 644.215 Electrologist’s
apprentice: Application for registration; fee.
NRS 644.217 Cosmetologist’s
apprentice: Application for certificate of registration; waiver; fee;
expiration and renewal of certificate of registration.
NRS 644.2175 Cosmetologist’s
apprentice: Display of certificate of registration; conditions and limitations
on employment and training; records; status and duties of licensees involved in
training; regulations.
NRS 644.220 Examination
and reexamination: Fees and charges.
NRS 644.230 Examinations:
General requirements.
NRS 644.235 Examinations
provided 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 Hair
designers: Scope of examination.
NRS 644.245 Nail
technologists: Scope of examination.
NRS 644.246 Demonstrator
of cosmetics: Scope of examination.
NRS 644.247 Aestheticians:
Scope of examination.
NRS 644.248 Hair
braiders: Scope of examination.
NRS 644.260 Issuance
of licenses.
NRS 644.270 License
to specify authorized occupation.
NRS 644.280 License:
Signatures and seal of Board; prima facie evidence of right to practice.
NRS 644.290 Display
of license.
NRS 644.295 Duplicate
license; fee.
NRS 644.300 Notice
to Secretary of change of location.
NRS 644.310 Requirements
for licensing of person licensed in another state or territory or District of
Columbia.
NRS 644.315 Requirements
for issuance and renewal of limited license for person licensed in another
state or territory or District of Columbia.
NRS 644.320 Expiration
of license; regulations for proration of fees for certain initial licenses; fee
for initial license as hair braider.
NRS 644.325 Renewal
of license: Application; fees; penalties for late renewal; photographs;
instruction relating to infection control.
NRS 644.330 Renewal
of license after expiration; restoration after retirement.
REGISTRATION RELATING TO PRACTICE OF THREADING
NRS 644.331 Registration
of natural persons engaged in practice of threading and owners and operators of
facilities in which natural persons engage in practice of threading; inspection
of facilities by Board.
COSMETOLOGICAL ESTABLISHMENTS
NRS 644.340 Application
for license; verbal review; issuance and activation of license; on-site
inspection; fees.
NRS 644.345 Notice
of change of ownership, name, services offered or location; new license and
fees; approval of changes in physical structure of establishment by Board.
NRS 644.350 Expiration
of license.
NRS 644.360 Display
of license; limitation on persons to whom space may be leased; limitation on
persons who may be employed.
NRS 644.365 Practice
of cosmetology by certain licensed cosmetologists.
NRS 644.370 Supervision
by licensed person.
NRS 644.375 Food
and beverage sales.
ESTABLISHMENTS FOR HAIR BRAIDING
NRS 644.377 Application
for license; verbal review; issuance and activation of license; on-site
inspection; fees.
NRS 644.3772 Notice
of change of ownership, name, services offered or location; new license and
fees; approval of changes in physical structure of establishment by Board.
NRS 644.3773 Expiration
of license.
NRS 644.3774 Display
of license.
NRS 644.3775 Practice
of hair braiding by certain licensees.
NRS 644.3776 Supervision
by licensed person.
NRS 644.3777 Food
and beverage sales.
SCHOOLS OF COSMETOLOGY
NRS 644.380 Application
for license; determinations by Board; fee; new license required for change in
ownership or location; approval of changes in physical structure of school by
Board.
NRS 644.384 Surety
bonds; payment plans; Board to adopt regulations.
NRS 644.385 Evidence
of personal integrity and moral responsibility of applicant; designation of
person authorized to accept service of notice from Board and transact business.
NRS 644.387 Certain
cosmetological establishments deemed schools of cosmetology.
NRS 644.393 Fee
for each student to be paid to Board.
NRS 644.395 Staff
of instructors.
NRS 644.400 Supervision;
equipment, courses, records and other requirements.
NRS 644.403 Unconscionable
contracts with students.
NRS 644.405 Restrictions
on advertisement of work of students on public for pay.
NRS 644.408 Amount
of instruction required before student commences work on public.
NRS 644.410 Display
of license.
NRS 644.415 Board
to take action to enable schools to receive federal financial assistance.
DISCIPLINARY ACTIONS
NRS 644.430 Grounds;
authorized disciplinary action; orders imposing discipline deemed public
records.
NRS 644.435 Suspension
of license or registration for failure to pay child support or comply with
certain subpoenas or warrants; reinstatement of license or registration.
[Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, the
federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and recreational
licenses for child support arrearages and for noncompliance with certain
processes relating to paternity or child support proceedings.]
NRS 644.440 Notice
and hearing for denial of license; citation for violation of regulation
concerning sanitation or health; grounds for immediate suspension and automatic
revocation.
NRS 644.446 Confidentiality
of certain records of Board; exceptions.
NRS 644.448 Complaints:
Filing.
NRS 644.449 Complaints:
Referral to another licensing board; civil immunity.
APPLICABILITY OF CHAPTER
NRS 644.460 Exemptions.
PROHIBITED PRACTICES; REMEDIES; PENALTIES
NRS 644.470 Treatment
by X ray prohibited; application or implantation of certain substances
prohibited; penalty.
NRS 644.471 Unlawful
to engage in practice of cosmetology unless wearing clean outer garments;
regulations of Board.
NRS 644.472 Unlawful
for animal to be on premises of licensed establishment for hair braiding or
cosmetological establishment; exception.
NRS 644.473 Unlawful
acts concerning cutting of men’s hair and practice of barbering.
NRS 644.475 Styling
of hairpieces: Restrictions.
NRS 644.476 Unlawful
to copy or alter license.
NRS 644.480 Penalties.
NRS 644.490 Additional
penalties for person who engages in certain conduct without license; authority
of Board to issue citations and orders to cease and desist; administrative
fines; appeals.
NRS 644.500 Injunctions.
NRS 644.510 Actions
and remedies cumulative and not exclusive.
_________
GENERAL PROVISIONS
NRS 644.020 Definitions. As
used in this chapter, unless the context otherwise requires, the words and
terms defined in NRS 644.0205 to 644.0295, inclusive, have the 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; 2009,
2498; 2011,
3032)
NRS 644.0205 “Aesthetician” defined.
1. “Aesthetician” means any person who
engages in the practices of:
(a) Beautifying, massaging, cleansing or
stimulating the skin of the human body by the use of cosmetic preparations,
antiseptics, tonics, lotions or creams, or any device, electrical or otherwise,
for the care of the skin;
(b) Applying cosmetics or eyelashes to any
person, tinting eyelashes and eyebrows, and lightening hair on the body; and
(c) Removing superfluous hair from the body of
any person by the use of depilatories, waxing, tweezers or sugaring,
Ê but does not
include the branches of cosmetology of a cosmetologist, hair designer, hair
braider, electrologist or nail technologist.
2. As used in this section, “depilatories”
does not include the practice of threading.
(Added to NRS by 1981, 1346; A 1985, 1680, 1851; 1995, 461; 2001, 1191; 2009, 2498;
2011, 3032)
NRS 644.021 “Board” defined. “Board”
means the State Board of Cosmetology.
(Added to NRS by 1981, 1346)
NRS 644.0225 “Cosmetological establishment” defined. “Cosmetological
establishment” means any premises, mobile unit, building or part of a building
where cosmetology is practiced, other than a licensed barbershop in which one
or more licensed nail technologists practice.
(Added to NRS by 1981, 1346; A 1987, 906; 2009, 2498)
NRS 644.023 “Cosmetologist” defined.
1. “Cosmetologist” means a person who
engages in the practices of:
(a) Cleansing, stimulating or massaging the scalp
or cleansing or beautifying the hair by the use of cosmetic preparations,
antiseptics, tonics, lotions or creams.
(b) Cutting, trimming or shaping the hair.
(c) Arranging, dressing, curling, waving,
cleansing, singeing, bleaching, tinting, coloring or straightening the hair of
any person with the hands, mechanical or electrical apparatus or appliances, or
by other means, or similar work incident to or necessary for the proper
carrying on of the practice or occupation provided by the terms of this
chapter.
(d) Removing superfluous hair from the surface of
the body of any person by the use of electrolysis where the growth is a
blemish, or by the use of depilatories, waxing, tweezers or sugaring, except
for the permanent removal of hair with needles.
(e) Manicuring the nails of any person.
(f) Beautifying, massaging, stimulating or
cleansing the skin of the human body by the use of cosmetic preparations,
antiseptics, tonics, lotions, creams or any device, electrical or otherwise,
for the care of the skin.
(g) Giving facials or skin care or applying
cosmetics or eyelashes to any person.
2. As used in this section, “depilatories”
does not include the practice of threading.
(Added to NRS by 1981, 1346; A 1985, 1851; 1987, 1068; 1991, 2054; 2001, 1191; 2009, 2499)
NRS 644.0233 “Cosmetologist’s apprentice” defined. “Cosmetologist’s
apprentice” means a person who is engaged in learning the occupation of a
cosmetologist in a cosmetological establishment and who is registered with the
Board to practice cosmetology as a cosmetologist’s apprentice.
(Added to NRS by 1999, 1150)
NRS 644.024 “Cosmetology” defined. “Cosmetology”
includes the occupations of a cosmetologist, aesthetician, electrologist, hair
designer, hair braider, demonstrator of cosmetics and nail technologist.
(Added to NRS by 1981, 1346; A 1985, 1852; 1995, 461; 2001, 1192; 2009, 2499;
2011, 3032)
NRS 644.0245 “Demonstrator of cosmetics” defined. “Demonstrator
of cosmetics” means a person who demonstrates the application of cosmetics in a
cosmetological establishment for the sole purpose of selling cosmetics.
(Added to NRS by 2001, 1190; A 2005, 2854)
NRS 644.026 “Electrologist” defined. “Electrologist”
means any person who engages in the occupation of permanently removing excess
or unwanted hair from the body of any person only by the use of a needle.
(Added to NRS by 1981, 1347; A 1985, 1627)
NRS 644.0265 “Electrologist’s apprentice” defined. “Electrologist’s
apprentice” means a person engaged in learning the occupation of an
electrologist in a cosmetological establishment.
(Added to NRS by 1981, 1347)
NRS 644.0268 “Establishment for hair braiding” defined. “Establishment for hair braiding” means any
premises, mobile unit, building or part of a building where hair braiding is
practiced, other than a cosmetological establishment.
(Added to NRS by 2011, 3028)
NRS 644.0273 “Hair braider” defined. “Hair
braider” means any person who engages in the practice of hair braiding.
(Added to NRS by 2011, 3029)
NRS 644.0274 “Hair braiding” defined.
1. “Hair braiding” means a natural form of
hair manipulation by braiding, cornrowing, extending, lacing, locking, sewing,
twisting, weaving or wrapping human hair, natural fibers, synthetic fibers and
hair extensions. The practice may be performed by hand or by using simple
braiding devices, including, without limitation, clips, combs, hairpins,
scissors, needles and thread.
2. The term includes:
(a) Cleansing the scalp; and
(b) The making of customized wigs from natural
hair, natural fibers, synthetic fibers and hair extensions.
3. The term does not include:
(a) The use of penetrating chemical hair
treatments, chemical hair coloring agents, chemical hair straightening agents,
chemical hair joining agents, permanent wave styles or chemical hair bleaching
agents applied to growing human hair;
(b) The cutting or growing of human hair, except
that the term includes the trimming of hair extensions or sewn weave-in
extensions only as applicable to the braiding process; or
(c) Any other activity set forth in the
definition of “cosmetologist” pursuant to NRS 644.023
other than the activities expressly set forth in subsections 1 and 2.
(Added to NRS by 2011, 3029)
NRS 644.0277 “Hair designer” defined. “Hair
designer” means any person who engages in the practices of:
1. Cleansing, stimulating or massaging the
scalp, or cleansing 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 person with the hands or mechanical or electrical apparatus or appliances,
or by other means or similar work incident to or necessary for the proper
carrying on of the practice or occupation provided by the terms of this
chapter.
(Added to NRS by 1995, 460)
NRS 644.029 “Nail technologist” defined. “Nail
technologist” means any person who, for compensation or by demonstration,
engages in the practices of:
1. Care of another’s fingernails or
toenails.
2. Beautification of another’s nails.
3. Extension of another’s nails.
4. Massaging of another’s hands, forearms,
feet or lower legs.
(Added to NRS by 1981, 1347; A 1991, 2055; 2009, 2499)
NRS 644.0295 “Threading” defined. “Threading”
means to remove superfluous hair from the body of a person by twisting thread
around the hair and pulling it from the skin.
(Added to NRS by 2009, 2498)
STATE BOARD OF COSMETOLOGY
NRS 644.030 Creation; number and appointment of members; composition.
1. The State Board of Cosmetology
consisting of seven members appointed by the Governor is hereby created.
2. The Board must consist of four
cosmetologists, one nail technologist, one aesthetician and one member
representing customers of cosmetology.
[Part 4:218:1931; A 1933, 237; 1931 NCL §
1862.03]—(NRS A 1965, 630; 1989, 1319; 2009, 2499)
NRS 644.040 Qualifications of members.
1. No person is eligible for appointment
as a member of the Board:
(a) Who is not licensed as a nail technologist,
electrologist, aesthetician or cosmetologist under the provisions of this
chapter.
(b) Who is not, at the time of appointment,
actually engaged in the practice of his or her 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
at least 3 years immediately before appointment.
2. The requirements of paragraphs (a) and
(b) of subsection 1 do not apply to a person appointed to represent customers
of cosmetology.
3. Not more than one member of the Board
may be connected, directly or indirectly, with any school of cosmetology, or
have been so 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; 2009,
2499)
NRS 644.050 Terms and oaths of members.
1. After the initial terms, members of the
Board serve terms of 4 years, except when appointed to fill unexpired terms.
2. Before entering upon the discharge of
his or her duties, each member shall make and file with the Secretary of State
the constitutional oath of office.
3. No member of the Board may serve more
than two consecutive full terms. A member who serves two consecutive full terms
is not thereafter eligible to serve on the Board for a period of 1 year. Any
time served on the Board in filling the unexpired term of another member does
not apply in computing two consecutive full terms.
[Part 4:218:1931; A 1933, 237; 1931 NCL §
1862.03]—(NRS A 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. The members may assign the
duties of the Treasurer and the Secretary to one person who 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 a year for the examination of applicants for registration and for
the transaction of such other business as pertains to its duties.
2. The Board may hold such other meetings
for the examination of applicants for registration or for the transaction of
necessary business 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 $150 per day, as
fixed by the Board, while engaged in the business of the Board; and
(b) A per diem allowance and travel expenses at a
rate fixed by the Board, while engaged in the business of the Board. The rate
must not exceed the rate provided for state officers and employees generally.
4. While engaged in the business of the
Board, each employee of the Board is entitled to receive a per diem allowance
and travel expenses at a rate fixed by the Board. The rate must not exceed the
rate provided for state officers and employees generally.
5. All such compensation and expenses must
be paid by the Board out of the fees and receipts received by it, and no part
thereof may be 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; 2007, 2957)
NRS 644.075 Fiscal year. The
Board shall operate on the basis of a 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. The Board:
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 the State as it finds necessary to carry out the provisions of
this chapter. All records and files of the Board must be kept at the main
office of the Board and, except as otherwise provided in NRS
644.446, be open to public inspection at all reasonable hours.
3. May adopt a seal.
4. May issue subpoenas to compel the
attendance of witnesses 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
qualifications of 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 be entitled thereto.
3. License establishments for hair
braiding, cosmetological establishments and schools of cosmetology.
4. Report to the proper prosecuting
officer or law enforcement agency each violation of this chapter coming within
its knowledge.
5. Inspect schools of cosmetology,
establishments for hair braiding and cosmetological establishments to ensure
compliance with the statutory requirements and adopted regulations of the Board.
This authority extends to any member of the Board or its authorized employees.
[Part 4:218:1931; A 1933, 237; 1931 NCL §
1862.03]—(NRS A 1981,
1350; 1985,
1627, 1852;
1991, 2055;
2011, 3033;
2013, 2244)
NRS 644.095 Approval of device used in cosmetology. Any
device used in the practice of cosmetology must be approved by the Board.
(Added to NRS by 1985, 1680)
NRS 644.100 Hearings and proceedings by or before less than entire Board.
1. Any investigation, inquiry, hearing or
proceeding which the Board is empowered to hold or undertake may be held or
undertaken by or before one or more members of the Board, and the finding or
order of the member or members shall be deemed to be the finding or order of
the Board when approved or confirmed by it.
2. No investigation, inquiry, hearing or
proceeding shall be held or undertaken by only one member of the Board, or by
less than the entire membership of the Board, without the previous written
authorization of 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 for licenses.
3. For governing the recognition of, and
the credits to be given to, the study of cosmetology under a licensed
electrologist or in a school of cosmetology licensed pursuant to the laws of
another state or territory of the United States or the District of Columbia.
4. For governing the conduct of schools of
cosmetology. The regulations must include but need not be limited to,
provisions:
(a) Prohibiting schools from requiring that
students purchase beauty supplies for use in the course of study;
(b) Prohibiting schools from deducting earned
hours of school credit or any other compensation earned by a student as a
punishment for misbehavior of the student;
(c) Providing for lunch and coffee recesses for
students during school hours; and
(d) Allowing a member or an authorized employee
of the Board to review the records of a student’s training and attendance.
5. Governing the courses of study and
practical training required of persons for treating the skin of the human body.
6. For governing the conduct of
cosmetological establishments.
7. As the Board determines are necessary
for governing the conduct of establishments for hair braiding.
[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; 2011, 117, 3033)
NRS 644.120 Regulations governing sanitary conditions.
1. The Board may adopt such regulations
governing sanitary conditions as it deems necessary with particular reference
to the precautions to be employed to prevent the creating or spreading of
infectious or contagious diseases in the practice of hair braiding, in
establishments for hair braiding, in the practice of a cosmetologist, in
cosmetological establishments or schools of cosmetology, in the practice of
threading and in any facility in this State in which threading is conducted.
2. No regulation governing sanitary
conditions thus adopted has any effect until it has been approved by the State
Board of Health.
3. A copy of all regulations governing
sanitary conditions which are adopted must be furnished to each person to whom
a license is issued for the conduct of a cosmetological establishment,
establishment for hair braiding, school of cosmetology or practice of
cosmetology.
[Part 4:218:1931; A 1933, 237; 1931 NCL §
1862.03]—(NRS A 1981,
1351; 1985,
1628, 1853;
1991, 2056;
2011, 3033)
NRS 644.130 Record of 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 every nail technologist, electrologist, aesthetician, hair designer,
hair braider, demonstrator of cosmetics and cosmetologist, together with the
names and addresses of all establishments for hair braiding, cosmetological
establishments and schools of cosmetology licensed pursuant to this chapter.
The record must also contain the facts which the applicants claimed in their
applications to justify their licensure.
2. The Board may disclose the information
contained in the record kept pursuant to subsection 1 to:
(a) Any other licensing board or agency that is
investigating a licensee.
(b) A member of the general public, except
information concerning 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; 2009,
2500; 2011,
3034)
NRS 644.135 Limitations on information that may be included on license or
certificate for public display. The
Board shall not include on any license or certificate for public display the
residential address of the holder or any other personal information relating to
the holder, except the name of the holder and the number of the license or
certificate.
(Added to NRS by 2003, 2531)
NRS 644.140 Record of proceedings; other duties. The
Board shall:
1. Keep a record of its proceedings.
2. Do all other things necessary to carry
out the provisions of this chapter.
[Part 4:218:1931; A 1933, 237; 1931 NCL § 1862.03]
NRS 644.150 Employees, attorneys and other professional consultants. The Board may employ inspectors,
investigators, advisers, examiners and clerks and secure the services of
attorneys and other professional consultants, but no part of the compensation
of those persons or reasonable expenses incurred by the 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 Biennial report to Governor; contents. The
Board shall make a written report to the Governor before September 1 of each
even-numbered year for the biennium ending June 30 of such year concerning the
condition, in this State, of cosmetology and the branches thereof. The report
shall contain a brief reference to the proceedings had by or before the Board
in carrying out the 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 Deposit of fees and receipts; expenditures; delegation of
authority to take disciplinary action; deposit of fines imposed by Board;
claims for attorney’s fees and costs of investigation.
1. All fees collected on behalf of the
Board and all receipts of every kind and nature must be reported at the
beginning of each month, for the month preceding, to the Board. At the same
time, the entire amount of collections, except as otherwise provided in
subsection 5, must be paid to the Treasurer of the Board, who shall deposit
them in banks, credit unions or savings and loan associations in the State of
Nevada.
2. The receipts must be for the uses of
the Board and out of them must be paid all salaries and all other expenses
necessarily incurred in carrying into effect the provisions of this chapter.
3. All orders for payment of money must be
drawn on the Treasurer of the Board and countersigned by the President and the
Secretary of the Board.
4. In a manner consistent with the
provisions of chapter 622A of NRS, the
Board may delegate to a hearing officer or panel its authority to take any
disciplinary action pursuant to this chapter, impose and collect fines therefor
and deposit the money therefrom in banks, credit unions or savings and loan
associations in this State.
5. If a hearing officer or panel is not
authorized to take disciplinary action pursuant to subsection 4 and the Board
deposits the money collected from the imposition of fines with the State
Treasurer for credit to the State General Fund, it may present a claim to the
State Board of Examiners for recommendation to the Interim Finance Committee if
money is needed to pay attorney’s 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 Revolving fund. An
amount not to exceed $1,000 may be drawn from the Contingent Fund to be used as
a revolving fund where cash advances are necessary. Expenditures from the
revolving fund must be substantiated by vouchers and itemized statements at the
end of each fiscal year, or at any other time when demanded by the Chief of the
Budget Division of the 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 BRAIDERS HAIR DESIGNERS, NAIL TECHNOLOGISTS, DEMONSTRATORS
OF COSMETICS, INSTRUCTORS AND APPRENTICES
NRS 644.190 Unlawful practices without license; exceptions.
1. It is unlawful for any person to
conduct or operate a cosmetological establishment, an establishment for hair
braiding, a school of cosmetology or any other place of business in which any
one or any combination of the occupations of cosmetology are taught or
practiced unless the person is licensed in accordance with the provisions of
this chapter.
2. Except as otherwise provided in
subsections 4 and 5, it is unlawful for any person to engage in, or attempt to
engage in, the practice of cosmetology or any branch thereof, whether for
compensation or otherwise, unless the person is licensed in accordance with the
provisions of this chapter.
3. This chapter does not prohibit:
(a) Any student in any school of cosmetology
established pursuant to the provisions of this chapter from engaging, in the
school and as a student, in work connected with any branch or any combination
of branches of cosmetology in the school.
(b) An electrologist’s apprentice from
participating in a course of practical training and study.
(c) A person issued a provisional license as an
instructor pursuant to NRS 644.193 from acting as
an instructor and accepting compensation therefor while accumulating the hours
of training as a teacher required for an instructor’s license.
(d) The rendering of cosmetological services by a
person who is licensed in accordance with the provisions of this chapter, if
those services are rendered in connection with photographic services provided
by a photographer.
(e) A registered cosmetologist’s apprentice from
engaging in the practice of cosmetology under the immediate supervision of a
licensed cosmetologist.
4. A person employed to render
cosmetological services in the course of and incidental to the production of a
motion picture, television program, commercial or advertisement is exempt from
the licensing requirements of this chapter if he or she renders cosmetological
services only to persons who will appear in that motion picture, television
program, commercial or advertisement.
5. A person practicing hair braiding is
exempt from the licensing requirements of this chapter applicable to hair
braiding if the hair braiding is practiced on a person who is related within
the sixth degree of consanguinity and the person does not accept compensation
for the hair braiding.
[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; 2011, 3034)
NRS 644.191 Reduction of duplication in licensing procedure for applicant
who also applies to Board of Massage Therapists to practice massage therapy.
1. The State Board of Cosmetology and the
Board of Massage Therapists shall, to the extent practicable, reduce
duplication in the licensing procedure for a qualified applicant who is
applying to the State Board of Cosmetology for a license to practice pursuant
to this chapter and who is also applying to the Board of Massage Therapists for
a license to practice pursuant to chapter 640C
of NRS, if both applications are filed not more than 60 days apart.
2. If a qualified applicant submits an
application to the Board of Massage Therapists for a license to practice
pursuant to chapter 640C of NRS and, not
later than 60 days after that application, the applicant also submits an
application to the State Board of Cosmetology for a license to practice
pursuant to this chapter:
(a) The applicant is not required to submit a set
of fingerprints to the State Board of Cosmetology if the applicant submitted a
set of fingerprints with his or her application to the Board of Massage
Therapists;
(b) The State Board of Cosmetology shall request
from the Board of Massage Therapists a copy of any reports relating to a
background investigation of the applicant;
(c) Upon receiving such a request, the Board of
Massage Therapists shall provide to the State Board of Cosmetology any reports
relating to a background investigation of the applicant; and
(d) The State Board of Cosmetology shall use the
reports provided by the Board of Massage Therapists in reviewing the
application for a license to practice pursuant to this chapter.
(Added to NRS by 2005, 1133)
NRS 644.192 Reduction of duplication in licensing procedure for applicant
who also applies to local governmental entity to practice massage therapy.
1. The Board and a local governmental
entity shall, to the extent practicable, reduce duplication in the licensing
procedure for a qualified applicant who is applying to the Board for a license
to practice pursuant to this chapter and who is also applying to the local
governmental entity for a license to practice massage therapy, if both
applications are filed not more than 60 days apart.
2. If a qualified applicant submits an
application to a local governmental entity for a license to practice massage
therapy and, not later than 60 days after that application, the applicant also
submits an application to the Board for a license to practice pursuant to this
chapter:
(a) The applicant is not required to submit a set
of fingerprints to the Board if the applicant submitted a set of fingerprints
with his or her application to the local governmental entity;
(b) The Board shall request from the local
governmental entity a copy of any reports relating to a background
investigation of the applicant;
(c) Upon receiving such a request, the local
governmental entity shall provide to the Board any reports relating to a
background investigation of the applicant; and
(d) The Board shall use the reports provided by
the local governmental entity in reviewing the application for a license to
practice pursuant to this chapter.
3. If a qualified applicant submits an
application to the Board for a license to practice pursuant to this chapter
and, not later than 60 days after that application, the applicant also submits
an application to a local governmental entity for a license to practice massage
therapy:
(a) The applicant is not required to submit a set
of fingerprints to the local governmental entity if the applicant submitted a
set of fingerprints with his or her application to the Board;
(b) The local governmental entity shall request
from the Board a copy of any reports relating to a background investigation of
the applicant;
(c) Upon receiving such a request, the Board
shall provide to the local governmental entity any reports relating to a
background investigation of the applicant; and
(d) The local governmental entity shall use the
reports provided by the Board in reviewing the application for a license to
practice massage therapy, except that the local governmental entity may conduct
its own background investigation of the applicant if the local governmental
entity deems it to be necessary.
(Added to NRS by 2005, 2223)
NRS 644.193 Instructors: Qualifications for provisional license; fee for
license; expiration and extension of license.
1. The Board may grant a provisional
license as an instructor to a person who:
(a) Has successfully completed the 12th grade in
school or its equivalent and submits written verification of the completion of
his or her education;
(b) Has practiced as a full-time licensed
cosmetologist, hair designer, hair braider, aesthetician or nail technologist
for 1 year and submits written verification of his or her experience;
(c) Is licensed pursuant to this chapter;
(d) Applies for a provisional license on a form
supplied by the Board;
(e) Submits two current photographs of himself or
herself; and
(f) Has paid the fee established pursuant to subsection
2.
2. The Board shall establish and collect a
fee of not less than $40 and not more than $75 for the issuance of a
provisional license as an instructor.
3. A person issued a provisional license
pursuant to this section may act as an instructor for compensation while
accumulating the number of hours of training required for an instructor’s
license.
4. A provisional license as an instructor
expires upon accumulation by the licensee of the number of hours of training
required for an instructor’s license or 1 year after the date of issuance,
whichever occurs first. The Board may grant an extension of not more than 45
days to those provisional licensees who have applied to the Board for
examination as instructors and are awaiting examination.
(Added to NRS by 1989, 1318; A 1991, 2057; 2003, 2531; 2005, 2640, 2854; 2009, 2500;
2011, 3035)
NRS 644.195 Instructors: Qualifications; fee for license.
1. Each instructor must:
(a) Be licensed as a cosmetologist pursuant to
this chapter.
(b) Have successfully completed the 12th grade in
school or its equivalent.
(c) Have 1 year of experience as a cosmetologist
or as a licensed student instructor.
(d) Have completed 1,000 hours of training as an
instructor or 500 hours of training as a licensed provisional instructor in a
school of cosmetology.
(e) Except as otherwise provided in subsection 2,
take one or more courses in advanced techniques for teaching or training,
approved by the Board, whose combined duration is at least 30 hours during each
2-year period.
2. The provisions of paragraph (e) of
subsection 1 do not apply to an instructor who is 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 year before the renewal
date of the license must take one or more courses specified in paragraph (e)
whose combined duration is at least 15 hours during each 2-year period.
3. Each instructor shall pay an initial
fee for a license of not less than $60 and not more than $90.
(Added to NRS by 1985, 1850; A 1991, 2057; 2003, 2531; 2005, 2640, 2854; 2009, 2500)
NRS 644.1955 Instructors of aestheticians: Qualifications for examination;
advanced training.
1. The Board shall admit to examination
for a license as an instructor of aestheticians any person who has applied to
the Board in proper 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
school or its equivalent;
(d) Has received a minimum of 700 hours of
training as an instructor or 500 hours of training as a licensed provisional
instructor in a licensed school of cosmetology;
(e) Is licensed as an aesthetician pursuant to
this chapter; and
(f) Has practiced as a full-time licensed
aesthetician or as a licensed student instructor for 1 year.
2. Except as otherwise provided in
subsection 3, an instructor of aestheticians shall complete at least 30 hours
of advanced training in a course approved by the Board during each 2-year
period of his or her license.
3. The provisions of subsection 2 do not
apply to an instructor of aestheticians who is initially licensed not more than
6 months before the renewal date of the license. An instructor of aestheticians
who is initially licensed more than 6 months but less than 1 year before the
renewal date of the license must take one or more courses specified in
subsection 2 whose 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; 2009, 2501)
NRS 644.196 Instructors in cosmetology: Qualifications for examination. The Board shall admit to examination for a
license as an instructor in cosmetology any person who has made application to
the Board in proper form, paid the fee and meets the requirements of NRS 644.195.
(Added to NRS by 1985, 1626)
NRS 644.197 Instructors in nail technology: Qualifications for examination;
advanced training.
1. The Board shall admit to examination
for a license as an instructor in nail technology any person who has applied to
the Board in proper 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
school or its equivalent;
(d) Has received a minimum of 500 hours of
training as an instructor or as a licensed provisional instructor in a licensed
school of cosmetology;
(e) Is licensed as a nail technologist pursuant
to this chapter; and
(f) Has practiced as a full-time licensed nail
technologist or as a licensed student instructor for 1 year.
2. Except as otherwise provided in subsection
3, an instructor in nail technology shall complete at least 30 hours of
advanced training in a course approved by the Board during each 2-year period
of his or her license.
3. The provisions of subsection 2 do not
apply to an instructor in nail technology who is initially licensed not more
than 6 months before the renewal date of the license. An instructor in nail
technology who is initially licensed more than 6 months but less than 1 year
before the renewal date of the license must take one or more courses specified
in subsection 2 whose 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; 2009, 2501,
2502)
NRS 644.199 Student instructors: Qualifications; fee for license; scope of
practice; expiration and extension of license.
1. The Board shall grant a license as a
student instructor to a person who:
(a) Has successfully completed the 12th grade in
school or its equivalent and submits written verification of the completion of
his or her education;
(b) Is enrolled in a program to prepare student
instructors in a school of cosmetology if:
(1) The program is certified by the Board;
and
(2) The program requires that the student
instructor 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 a form provided by the Board;
(e) Submits two current photographs of himself or
herself; and
(f) Has paid the fee established pursuant to
subsection 2.
2. The Board shall establish and collect a
fee of not less than $25 or more than $40 for the issuance of a license as a
student instructor.
3. A person issued a license as a student
instructor pursuant to this section:
(a) Must be supervised by an instructor who is
licensed; and
(b) May act as an instructor for compensation and
work experience credit while accumulating the number of hours of training
required for an instructor’s license.
4. A license as a student instructor
expires upon accumulation by the licensee of the number of hours of training
required for an instructor’s license or after full-time employment as a student
instructor for 1 year, whichever occurs later. The Board may grant an extension
of not more than 45 days to those student instructor licensees who have applied
to the Board 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 examination for a
license as a cosmetologist, at any meeting of the Board held to conduct
examinations, any person who has made application to the Board in proper form
and 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. Is a citizen of the United States or is
lawfully entitled to remain and work in the United States.
4. Has successfully completed the 10th
grade in school or its equivalent. Testing for equivalency must be pursuant to
applicable state or federal requirements.
5. Has had any one of the following:
(a) Training of at least 1,800 hours, extending
over a school term of 10 months, in a school of cosmetology approved by the
Board.
(b) Practice of the occupation of a cosmetologist
for a period of 4 years outside this State.
(c) If the applicant is a barber registered
pursuant to chapter 643 of NRS, 400 hours of
specialized training approved by the Board.
(d) Completion of at least 3,600 hours of service
as a cosmetologist’s apprentice in a licensed cosmetological establishment in
which all of the occupations of cosmetology are practiced. The required hours
must have been completed during the period of validity of the certificate of
registration as a cosmetologist’s apprentice issued to the person pursuant to NRS 644.217.
[6:218:1931; A 1933, 237; 1931 NCL § 1862.05]—(NRS A
1960, 310; 1963, 269; 1977, 163; 1979, 1824; 1981, 1352; 1985, 1629; 1987, 906, 1202; 1999, 1153; 2005, 2641; 2011, 3035)
NRS 644.203 Electrologists: Qualifications for examination. The Board shall admit to examination for a
license as an electrologist any person who has made application to the Board in
the proper form and paid the fee, and who before or on the date set for the
examination:
1. Is not less than 18 years of age.
2. Is of good moral character.
3. Is a citizen of the United States or is
lawfully entitled to remain and work in the United States.
4. Has successfully completed the 12th
grade in school or its equivalent.
5. Has or has completed any one of the
following:
(a) A minimum training of 500 hours under the
immediate supervision of an approved electrologist in an approved school in
which the practice is taught.
(b) Study of the practice for at least 1,000
hours extending over a period of 5 consecutive months, under an electrologist
licensed pursuant to this chapter, in an approved program for electrologist’s
apprentices.
(c) A valid electrologist’s license issued by a
state whose licensing requirements are equal to or greater than those of this
State.
(d) Either training or practice, or a combination
of training and practice, in electrology outside this State for a period
specified by regulations of the Board.
(Added to NRS by 1960, 311; A 1963, 270; 1977, 163; 1979, 1824; 1981, 1352; 1985, 1630; 1987, 1069; 2011, 3036)
NRS 644.204 Hair designers: Qualifications for examination. The Board shall admit to examination for a
license as a hair designer, at any meeting of the Board held to conduct
examinations, each person who has applied to 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. Is a citizen of the United States or is
lawfully entitled to remain and work in the United States.
4. Has successfully completed the 10th
grade in school or its equivalent. Testing for equivalency must be pursuant to
state or federal requirements.
5. Has had at least one of the following:
(a) Training of at least 1,200 hours, extending
over a period of 7 consecutive months, in a school of cosmetology approved by
the Board.
(b) Practice of the occupation of hair designing
for at least 4 years outside this State.
(c) If the applicant is a barber registered
pursuant to chapter 643 of NRS, 400 hours of
specialized training approved by the Board.
(Added to NRS by 1995, 461; A 2011, 3036)
NRS 644.205 Nail technologists: Qualifications for examination. The Board shall admit to examination for a
license as a nail technologist any person who has made application to the Board
in proper form, 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. Is a citizen of the United States or is
lawfully entitled to remain and work in the United States.
4. Has successfully completed the 10th
grade in school or its equivalent.
5. Has had any one of the following:
(a) Practical training of at least 600 hours
under the immediate supervision of a licensed instructor in a licensed school
of cosmetology in which the practice is taught.
(b) Practice as a full-time licensed nail
technologist for 1 year outside the State of Nevada.
(Added to NRS by 1960, 312; A 1963, 271; 1977, 164; 1981, 1353; 1985, 1630; 2009, 2502;
2011, 3036)
NRS 644.206 Demonstrator of cosmetics: Qualifications for examination. The Board shall admit to examination for a
license as a demonstrator of cosmetics any person who has made 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. Is a citizen of the United States or is
lawfully entitled to remain and work in the United States;
4. Has completed a course provided by the
Board relating to sanitation; and
5. Except as otherwise provided in NRS 622.090, has received a score of not
less than 75 percent on the examination administered by the Board.
(Added to NRS by 2001, 1190; A 2007, 2957; 2011, 3037)
NRS 644.207 Aestheticians: Qualifications for examination. The Board shall admit to examination for a
license as an aesthetician any person who has made 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. Is a citizen of the United States or is
lawfully entitled to remain and work in the United States;
4. Has successfully completed the 10th
grade in school or its equivalent; and
5. Has received a minimum of 900 hours of
training, which includes theory, modeling and practice, in a licensed school of
cosmetology or who has practiced as a full-time licensed aesthetician for at
least 1 year.
(Added to NRS by 1981, 1347; A 1985, 1631; 2009, 2503;
2011, 3037)
NRS 644.208 Hair braiders: General qualifications for examination.
1. The Board shall admit to examination as
a hair braider, at any meeting of the Board held to conduct examinations, each
person who has applied to the Board in proper form and paid the fee, and who:
(a) Is not less than 18 years of age.
(b) Is of good moral character.
(c) Is a citizen of the United States or is
lawfully entitled to remain and work in the United States.
(d) Has successfully completed the 10th grade in
school or its equivalent and has submitted to the Board a notarized affidavit
establishing the successful completion by the applicant of the 10th grade or
its equivalent. Testing for equivalency must be pursuant to state or federal
requirements.
(e) If the person has not practiced hair braiding
previously:
(1) Has completed a minimum of 250 hours
of training and education as follows:
(I) Fifty hours concerning the laws
of Nevada and the regulations of the Board relating to cosmetology;
(II) Seventy-five hours concerning
infection control and sanitation;
(III) Seventy-five hours regarding
the health of the scalp and the skin of the human body; and
(IV) Fifty hours of clinical
practice; and
(2) Has passed the practical demonstration
in hair braiding and written tests described in NRS
644.248.
(f) If the person has practiced hair braiding in
this State on a person who is related within the sixth degree of consanguinity
without a license and without charging a fee:
(1) Has submitted to the Board a signed
affidavit stating that the person has practiced hair braiding for at least 1
year on such a relative; and
(2) Has passed the practical demonstration
in hair braiding and written tests described in NRS
644.248.
2. The application submitted pursuant to
subsection 1 must be accompanied by:
(a) Two current photographs of the applicant
which are 1 1/2 by 1 1/2 inches. The name and address of the applicant must be
written on the back of each photograph.
(b) A copy of one of the following documents as
proof of the age of the applicant:
(1) A driver’s license or identification
card issued to the applicant by this State or another state, the District of
Columbia or any territory of the United States;
(2) The birth certificate of the applicant;
(3) The current passport issued to the
applicant; or
(4) A voter registration card issued to
the applicant pursuant to NRS 293.517.
(Added to NRS by 2011, 3029)
NRS 644.209 Hair braiders: Qualifications for examination for person who has
practiced hair braiding in another state.
1. The Board shall admit to examination as
a hair braider, at any meeting of the Board held to conduct examinations, each
person who has practiced hair braiding in another state, has applied to the
Board in proper form and paid a fee of $200, and who:
(a) Is not less than 18 years of age.
(b) Is of good moral character.
(c) Is a citizen of the United States or is
lawfully entitled to remain and work in the United States.
(d) Has successfully completed the 10th grade in
school or its equivalent and has submitted to the Board a notarized affidavit
establishing the successful completion by the applicant of the 10th grade or
its equivalent. Testing for equivalency must be pursuant to state or federal
requirements.
(e) If the person has practiced hair braiding in
another state in accordance with a license issued in that other state:
(1) Has submitted to the Board proof of
the license; and
(2) Has passed the written tests described
in NRS 644.248.
(f) If the person has practiced hair braiding in
another state without a license and it is legal in that state to practice hair
braiding without a license:
(1) Has submitted to the Board a signed
affidavit stating that the person has practiced hair braiding for at least 1
year; and
(2) Has passed the practical demonstration
in hair braiding and written tests described in NRS
644.248.
2. The application submitted pursuant to
subsection 1 must be accompanied by:
(a) Two current photographs of the applicant
which are 1 1/2 by 1 1/2 inches. The name and address of the applicant must be
written on the back of each photograph.
(b) A copy of one of the following documents as
proof of the age of the applicant:
(1) A driver’s license or identification
card issued to the applicant by this State or another state, the District of
Columbia or any territory of the United States;
(2) The birth certificate of the
applicant;
(3) The current passport issued to the
applicant; or
(4) A voter registration card issued to
the applicant pursuant to NRS 293.517.
(Added to NRS by 2011, 3030)
NRS 644.210 Application required for examination, license or certificate of
registration; fee to obtain forms; contents; verification.
1. An application for admission to
examination or for a license in any branch of cosmetology, or for a certificate
of registration as a cosmetologist’s apprentice, must be made in writing on
forms furnished by the Board and must be submitted within the period designated
by the Board. The Board shall charge a fee of $15 for furnishing the forms.
2. An application must contain proof of
the qualifications of the applicant for examination or licensure. The
application must 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 644.214 Payment of child support: Submission of certain information by
applicant; grounds for denial of license or evidence of registration; duty of
Board. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal
law requiring each state to establish procedures for withholding, suspending
and restricting the professional, occupational and recreational licenses for
child support arrearages and for noncompliance with certain processes relating
to paternity or child support proceedings.]
1. In addition to any other requirements
set forth in this chapter:
(a) An applicant for the issuance of a license or
evidence of registration issued pursuant to NRS 644.190
to 644.330, inclusive, shall include the social
security number of the applicant in the application submitted to the Board.
(b) An applicant for the issuance or renewal of a
license or evidence of registration issued pursuant to NRS
644.190 to 644.330, inclusive, shall submit to
the Board the statement prescribed by the Division of Welfare and Supportive
Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be
completed and signed by the applicant.
2. The Board shall include the statement
required pursuant to subsection 1 in:
(a) The application or any other forms that must
be submitted for the issuance or renewal of the license or evidence of
registration; or
(b) A separate form prescribed by the Board.
3. A license or evidence of registration
may not be issued or renewed by the Board pursuant to NRS
644.190 to 644.330, inclusive, if the
applicant:
(a) Fails to submit the statement required
pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant
to subsection 1 that the applicant is subject to a court order for the support
of a child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment
of the amount owed pursuant to the order.
4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that the applicant is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order, the Board
shall advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant may take
to satisfy the arrearage.
(Added to NRS by 1997, 2161; A 1999, 1154; 2001, 1192; 2005, 2225, 2771, 2807, 2808, 2811)
NRS 644.214 Payment of child support:
Submission of certain information by applicant; grounds for denial of license
or evidence of registration; duty of Board. [Effective on the date of the
repeal of 42 U.S.C. § 666, the federal law requiring each state to establish
procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child support
proceedings and expires by limitation 2 years after that date.]
1. In addition to any other requirements
set forth in this chapter, an applicant for the issuance or renewal of a
license or evidence of registration issued pursuant to NRS
644.190 to 644.330, inclusive, shall submit to
the Board the statement prescribed by the Division of Welfare and Supportive
Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be
completed and signed by the applicant.
2. The Board shall include the statement
required pursuant to subsection 1 in:
(a) The application or any other forms that must
be submitted for the issuance or renewal of the license or evidence of
registration; or
(b) A separate form prescribed by the Board.
3. A license or evidence of registration
may not be issued or renewed by the Board pursuant to NRS
644.190 to 644.330, inclusive, if the
applicant:
(a) Fails to submit the statement required
pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant
to subsection 1 that the applicant is subject to a court order for the support
of a child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment
of the amount owed pursuant to the order.
4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that the applicant is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order, the Board
shall advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant may take
to satisfy the arrearage.
(Added to NRS by 1997, 2161; A 1999, 1154; 2001, 1192; 2005, 2225, 2771, 2772, 2807, 2808, 2811, effective
on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each
state to establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings)
NRS 644.215 Electrologist’s apprentice: Application for registration; fee. Every electrologist’s apprentice must apply to
the Board for registration. The application must be accompanied by a fee of
$100.
(Added to NRS by 1985, 1850)
NRS 644.217 Cosmetologist’s apprentice: Application for certificate of
registration; waiver; fee; expiration and renewal of certificate of
registration.
1. The Board may issue a certificate of
registration as a cosmetologist’s apprentice to a person if:
(a) The person is required to travel more than 60
miles from his or her place of residence to attend a licensed school of
cosmetology; and
(b) The training of the person as a
cosmetologist’s apprentice will be conducted at a licensed cosmetological
establishment that is located 60 miles or more from a licensed school of
cosmetology.
2. The Board may, for good cause shown,
waive the requirements of subsection 1 for a particular applicant.
3. An applicant for a certificate of
registration as a cosmetologist’s apprentice must submit an application to the
Board on a form prescribed by the Board. The application must be accompanied by
a fee of $100 and must include:
(a) A statement signed by the licensed
cosmetologist who will be supervising and training the cosmetologist’s
apprentice which states that the licensed cosmetologist has been licensed by
the Board to practice cosmetology in this State for not less than 3 years
immediately preceding the date of the application and that his or her license
has been in good standing during that period;
(b) A statement signed by the owner of the
licensed cosmetological establishment where the applicant will be trained which
states that the owner will permit the applicant to be trained as a
cosmetologist’s apprentice at the cosmetological establishment; and
(c) Such other information as the Board may
require by regulation.
4. A certificate of registration as a
cosmetologist’s apprentice is valid for 2 years after the date on which it is
issued and may be renewed by the Board upon good cause shown.
(Added to NRS by 1999, 1150; A 2001, 1997; 2009, 2503)
NRS 644.2175 Cosmetologist’s apprentice: Display of certificate of
registration; conditions and limitations on employment and training; records;
status and duties of licensees involved in training; regulations.
1. A cosmetologist’s apprentice shall
display the certificate of registration issued to him or her by the Board or a
duplicate of the certificate of registration in plain view of the public at the
position where the cosmetologist’s apprentice is being trained. The
cosmetologist’s apprentice, the licensed cosmetologist supervising and training
the cosmetologist’s apprentice, and the owner of the cosmetological
establishment where the cosmetologist’s apprentice is being trained shall not
advertise or hold the cosmetologist’s apprentice out as being a licensed
cosmetologist, or use any title or abbreviation that would indicate that the
cosmetologist’s apprentice is a licensed cosmetologist.
2. To receive credit for an
apprenticeship, a cosmetologist’s apprentice must be regularly employed during
his or her training by:
(a) The cosmetological establishment where the
cosmetologist’s apprentice is being trained; or
(b) If the cosmetologist’s apprentice is being
supervised and trained by a licensed cosmetologist who is leasing space in a
cosmetological establishment, the licensed cosmetologist.
3. Not more than one cosmetologist’s
apprentice may be employed at any time at a licensed cosmetological
establishment.
4. A licensed cosmetologist who is
supervising and training a cosmetologist’s apprentice shall:
(a) Supervise all work done by the
cosmetologist’s apprentice; and
(b) Be in attendance at all times that the
cosmetologist’s apprentice is engaged in the practice of cosmetology.
5. A licensed cosmetologist who is
supervising and training a cosmetologist’s apprentice shall keep a daily record
of the training that is provided to the cosmetologist’s apprentice. The
licensed cosmetologist shall:
(a) Keep the daily records at the cosmetological
establishment where the cosmetologist’s apprentice is being trained and, upon
the request of the Board, make the daily records available to the Board; and
(b) Submit a copy of the records to the Board at
such regular intervals as the Board may require by regulation.
6. For the purposes of this chapter:
(a) A licensed cosmetologist is not required to
obtain a license from the Board as an instructor to train a cosmetologist’s
apprentice pursuant to this section and NRS 644.217,
and the licensed cosmetologist is not subject to regulation as an instructor
because he or she provides such training.
(b) A licensed cosmetological establishment which
employs a cosmetologist’s apprentice or at which a cosmetologist’s apprentice
is being trained is not subject to regulation as a school of cosmetology
because the cosmetologist’s apprentice is being trained at the cosmetological
establishment.
7. The Board may adopt:
(a) Regulations relating to the qualifications of
a licensed cosmetologist to supervise and train a cosmetologist’s apprentice;
(b) Regulations relating to the procedures and
subject matter that must be included in the training of a cosmetologist’s
apprentice;
(c) Regulations relating to the training of a
cosmetologist’s apprentice to verify the number of hours of training received
by the cosmetologist’s apprentice; and
(d) Such other regulations as the Board
determines necessary to carry out the provisions of this section and NRS 644.217.
(Added to NRS by 1999, 1151; A 2013, 625)
NRS 644.220 Examination and reexamination: Fees and charges.
1. In addition to the fee for an
application, the fees for 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 hair braider, $110.
(e) For examination as a nail technologist, not
less than $75 and not more than $200.
(f) For examination as an aesthetician, not less
than $75 and not more than $200.
(g) For examination as an instructor of
aestheticians, hair designers, cosmetology or nail technology, not less than
$75 and not more than $200.
2. Except as otherwise provided in this
subsection, the fee for each reexamination is not less than $75 and not more
than $200. The fee for reexamination as a hair braider is $110.
3. In addition to the fee for an
application, the fee for examination or reexamination as a demonstrator of
cosmetics is $75.
4. Each applicant referred to in
subsections 1 and 3 shall, in addition to the fees specified therein, pay the
reasonable value of all 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; 2009, 2503;
2011, 3037)
NRS 644.230 Examinations: General requirements. All
examinations of applicants must:
1. Include both practical demonstrations
and written or 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
technical requirements and of sufficient thoroughness to satisfy the Board as
to the applicant’s skill in, and knowledge of, the practice of the occupation
for which a license is sought.
[Part 8:218:1931; A 1933, 237; 1937, 80; 1931 NCL §
1862.07]—(NRS A 1985,
1631)
NRS 644.235 Examinations provided in English language; examination in
Spanish language upon request; request for translated examination; fee.
1. The Board:
(a) Shall provide examinations for licensure as a
cosmetologist in English and, upon the request of an applicant for licensure as
a cosmetologist, in Spanish; and
(b) May provide examinations for licensure as a
cosmetologist in any other language upon the request of an applicant, if the
Board determines that providing the examination in that language is in the best
interests of the public.
2. A request for an examination for
licensure as a cosmetologist to be translated into a language other than
English or Spanish must be filed with the Board by the applicant making the
request at least 90 days before the scheduled examination. The Board shall keep
all such requests on file.
3. The Board shall impose a fee upon the
applicants who file requests for an examination for licensure as a
cosmetologist to be translated into a language other than English or Spanish.
The fee must be sufficient to ensure that the applicants bear the full cost for
the development, preparation, administration, grading and evaluation of the
translated examination. The fee is in addition to all other fees that must be
paid by applicants for the examination for licensure as a cosmetologist.
4. In determining whether it is in the
best interests of the public to translate an examination for licensure as a
cosmetologist into a language other than English or Spanish, the Board shall
consider the percentage of the population within this State whose native
language is the language for which the translated examination is sought.
(Added to NRS by 2001, 1520; A 2005, 2642)
NRS 644.240 Cosmetologists: Scope of examination. Examinations
for licensure as a cosmetologist may include:
1. Practical demonstrations in shampooing
the hair, hairdressing, styling of hair, finger waving, coloring of hair, nail
technology, cosmetics, thermal curling, marcelling, facial massage, massage of
the scalp with 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 as applicable to the practice of a cosmetologist; and
(c) The laws of Nevada and the regulations of the
Board relating to the practice of cosmetology; and
3. Such other demonstrations and tests as
the Board may 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; 2009, 2504)
NRS 644.243 Electrologists: Scope of examination. The
examination for a license as an electrologist may include:
1. Practical demonstrations in the
permanent removal of hair;
2. Written and oral tests on:
(a) Antisepsis, sterilization and sanitation;
(b) The use of mechanical and electrical
apparatus and electricity in the removal of hair; and
(c) The laws of Nevada and the regulations of the
Board relating to cosmetology; and
3. Such other demonstrations and tests as
the Board requires.
(Added to NRS by 1985, 1626)
NRS 644.244 Hair designers: Scope of examination. The
examination for licensure as a hair designer may include:
1. Practical demonstrations in shampooing
the hair, hairdressing, styling of hair, finger waving, coloring of hair,
thermal curling, marcelling, massage of the scalp with the hands, and cutting,
trimming or shaping the hair;
2. Written or oral tests, or both written
and oral tests, on:
(a) Antisepsis, sterilization and sanitation;
(b) The use of mechanical apparatus and
electricity as applicable to the practice of a hair designer; and
(c) The laws of this State and the regulations of
the Board relating to the practice of cosmetology; and
3. Such other demonstrations and tests as
the Board may require.
(Added to NRS by 1995, 461)
NRS 644.245 Nail technologists: Scope of examination. The examination for a license as a nail
technologist may include:
1. Practical demonstrations in nail
technology, pedicuring or 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 in caring for the nails; and
(c) The laws of Nevada and regulations of the
Board relating to cosmetology; and
3. Such other demonstrations and tests as
the Board requires.
(Added to NRS by 1985, 1625; A 2009, 2504)
NRS 644.246 Demonstrator of cosmetics: Scope of examination. The examination for a license as a
demonstrator of cosmetics:
1. Must include a written or oral test
relating to sanitation; and
2. May include such other demonstrations
and tests as the Board may require.
(Added to NRS by 2001, 1191)
NRS 644.247 Aestheticians: Scope of examination. The
examinations for an aesthetician 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 in the care of skin; and
(c) The laws of Nevada and the regulations of the
Board relating to cosmetology; and
3. Such other demonstrations and tests as
the Board requires.
(Added to NRS by 1985, 1625; A 2001, 1193)
NRS 644.248 Hair braiders: Scope of examination.
1. The examination for licensure as a hair
braider pursuant to paragraph (e) of subsection 1 of NRS
644.209 must include:
(a) A written test on antisepsis, sterilization
and sanitation; and
(b) A written test on the laws of Nevada and the
regulations of the Board relating to cosmetology.
2. The examination for licensure as a hair
braider pursuant to NRS 644.208 or paragraph (f) of
subsection 1 of NRS 644.209 must include:
(a) The written tests described in subsection 1;
and
(b) A practical demonstration in hair braiding.
(Added to NRS by 2011, 3031)
NRS 644.260 Issuance of licenses. The
Board shall issue a license as a cosmetologist, aesthetician, electrologist,
hair designer, hair braider, nail technologist, demonstrator of cosmetics or
instructor to each applicant who:
1. Passes a satisfactory examination,
conducted by the Board to determine his or her fitness to practice that
occupation of cosmetology; and
2. Complies with such other requirements
as are prescribed 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; 2009, 2504;
2011, 3038)
NRS 644.270 License to specify authorized occupation. Every license issued by the Board must specify
the occupation which the license entitles the holder thereof to practice. No
person may practice any other occupation designated in this chapter than that
for which the license is issued.
[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 by the President and attested by the Secretary and must bear the
Board’s seal.
2. Every license is prima facie evidence
of the right of the holder thereof to practice that occupation of cosmetology
for which the license is issued.
[10:218:1931; 1931 NCL § 1862.09]—(NRS A 1981, 1354; 1985, 1632)
NRS 644.290 Display of license.
1. The holder of a license issued by the
Board to practice any branch of cosmetology must display his or her current
license or a duplicate of the license in plain view of the public at the position
where the holder of the license performs his or her work.
2. If a person practices cosmetology in
more than one place, the person shall carry his or her license or a duplicate
of the license with him or her and display the license or duplicate wherever he
or she is actually working.
[Part 18:218:1931; 1931 NCL § 1862.18]—(NRS A 1981, 1354; 1985, 1633; 1987, 1069; 1991, 2058; 2013, 626)
NRS 644.295 Duplicate license; fee.
1. A person licensed pursuant to this
chapter:
(a) Shall obtain a duplicate of that license if
the:
(1) Original was destroyed, misplaced or
mutilated; or
(2) Name or address of the licensee has
changed; or
(b) May obtain a duplicate of that license if
required by the person for any other reason.
2. To obtain a duplicate license a person
must:
(a) File an affidavit with the Board, on the form
prescribed by the Board, which states that, if the person is required to obtain
the duplicate pursuant to paragraph (a) of subsection 1, the original license
was destroyed, misplaced or mutilated or that the person’s name or address has
changed or, if the person is requesting the duplicate pursuant to paragraph (b)
of subsection 1, that the duplicate is required by the person for a reason
other than a reason set forth in paragraph (a) of subsection 1; and
(b) Pay a fee of $25.
(Added to NRS by 1981, 1348; A 1985, 1633; 1991, 2058; 2005, 2642; 2013, 627)
NRS 644.300 Notice to Secretary of change of location. Every licensed nail technologist,
electrologist, aesthetician, hair designer, hair braider, demonstrator of
cosmetics or cosmetologist shall, within 30 days after changing his or her
place of business, as designated in the records of the Board, notify the Secretary
of the Board of the new place of business. Upon receipt of the notification,
the Secretary 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; 2009, 2505;
2011, 3038)
NRS 644.310 Requirements for licensing of person licensed in another state
or territory or District of Columbia. Except
as otherwise provided in NRS 644.209, upon
application to the Board, accompanied by a fee of $200, a person currently
licensed in any branch of cosmetology under the laws of another state or
territory of the United States or the District of Columbia may, without
examination, unless the Board sees fit to require an examination, be granted a
license to practice the occupation in which the applicant was previously
licensed upon proof satisfactory to the Board that the applicant:
1. Is not less than 18 years of age.
2. Is of good moral character.
3. Is a citizen of the United States or is
lawfully entitled to remain and work in the United States.
4. Has successfully completed a nationally
recognized written examination in this State or in the state or territory or
the District of Columbia in which he or she is licensed.
5. Is currently licensed in another state
or territory or 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; 2011,
3038)
NRS 644.315 Requirements for issuance and renewal of limited license for
person licensed in another state or territory or District of Columbia.
1. The Board may, without examination,
issue a limited license to a person currently licensed as a cosmetologist in
another state or territory of the United States or the District of Columbia who
intends to practice cosmetology in this State in the limited manner set forth
in this section.
2. A limited license issued pursuant to
this section authorizes the holder of the limited license to practice
cosmetology in this State:
(a) In a resort hotel and in other types of
locations the Board designates by regulation; and
(b) For not more than five periods, of not more
than 10 days each, during any 1-year period for which the license is issued or
renewed.
3. To apply for a limited license pursuant
to this section, an applicant must submit to the Board:
(a) An application which includes the name of the
applicant and the number or other designation identifying the applicant’s
license 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 to this section for not more than 1 year and may renew the limited
license annually. A limited license expires 1 year after its date of issuance.
5. A holder of a limited license may renew
the limited license 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
cosmetology in this State pursuant to a limited license, the holder of a
limited license shall notify the Board in writing of the holder’s intention to
practice cosmetology 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
be practicing cosmetology in this State; and
(c) The name and address of the location at which
the holder will be practicing cosmetology in this State.
7. A holder of a limited license is
subject to the regulatory and disciplinary authority of the Board to the same
extent as any other licensed cosmetologist for all acts relating to the
practice of cosmetology which occur in this State.
8. The Board:
(a) Shall designate by regulation the types of
locations, in addition to a resort hotel, at which a holder of a limited
license may practice cosmetology in this State under a limited license.
(b) May adopt any other regulations as are
necessary to carry out the provisions of this section.
9. As used in this section, “resort hotel”
has the meaning ascribed to it in NRS
463.01865.
(Added to NRS by 2005, 2224)
NRS 644.320 Expiration of license; regulations for proration of fees for
certain initial licenses; fee for initial license as hair braider.
1. The license of every cosmetologist,
aesthetician, electrologist, hair designer, hair braider, nail technologist,
demonstrator of cosmetics and instructor expires:
(a) If the last name of the licensee begins with
the letter “A” through the letter “M,” on the date of birth of the licensee in the
next succeeding odd-numbered year or such other date in that year as specified
by the Board.
(b) If the last name of the licensee begins with
the letter “N” through the letter “Z,” on the date of birth of the licensee in
the next succeeding even-numbered year or such other date in that year as
specified by the Board.
2. The Board shall adopt regulations
governing the proration of the fee required for initial licenses, other than
initial licenses as a hair braider, issued for less than 1 1/2 years.
3. Except as otherwise provided in this
section, the fee for an initial license as a hair braider is $70. The fee for
an initial license as a hair braider issued by the Board for:
(a) At least a portion of 1 month but less than 6
months is $17.50.
(b) Six months or more but less than 12 months is
$35.00.
(c) Twelve months or more but less than 18 months
is $52.50.
[Part 14:218:1931; A 1933, 237; 1953, 150]—(NRS A
1960, 314; 1971, 242; 1979, 1825; 1981, 1355; 1985, 1857; 1991, 2059; 1995, 462; 2001, 1194; 2005, 2643, 2855; 2007, 2957; 2009, 2505;
2011, 3038)
NRS 644.325 Renewal of license: Application; fees; penalties for late
renewal; photographs; instruction relating to infection control.
1. An application for renewal of any
license issued pursuant to this chapter must be:
(a) Made on a form prescribed and furnished by
the Board;
(b) Made on or before the date for renewal
specified by the Board;
(c) Accompanied by the fee for renewal; and
(d) Accompanied by all information required to
complete the renewal.
2. The fees for renewal are:
(a) For nail technologists, electrologists,
aestheticians, hair designers, demonstrators of cosmetics and cosmetologists,
not less than $50 and not more than $100.
(b) For hair braiders, $70.
(c) For instructors, not less than $60 and not
more than $100.
(d) For cosmetological establishments, not less
than $100 and not more than $200.
(e) For establishments for hair braiding, $70.
(f) For schools of cosmetology, not less than
$500 and not more than $800.
3. For each month or fraction thereof
after the date for renewal specified by the Board in which a license is not
renewed, there must be assessed and collected at the time of renewal a penalty
of $50 for a school of cosmetology and $20 for an establishment for hair
braiding, a cosmetological establishment and all persons licensed pursuant to
this chapter.
4. An application for the renewal of a
license as a cosmetologist, hair designer, hair braider, aesthetician,
electrologist, nail technologist, demonstrator of cosmetics or instructor must
be accompanied by two current photographs of the applicant which are 1 1/2 by 1
1/2 inches. The name and address of the applicant must be written on the back
of each photograph.
5. Before a person applies for the renewal
of a license on or after January 1, 2011, as a cosmetologist, hair designer,
hair braider, aesthetician, electrologist, nail technologist or demonstrator of
cosmetics, the person must complete at least 4 hours of instruction relating to
infection control in a professional course or seminar approved by the Board.
(Added to NRS by 1985, 1850; A 1987, 1070; 1991, 2059; 1995, 462; 1997, 2162; 2001, 1194; 2005, 2643, 2773, 2807; 2009, 2505;
2011, 3039)
NRS 644.330 Renewal of license after expiration; restoration after
retirement.
1. A nail technologist, electrologist,
aesthetician, hair designer, hair braider, cosmetologist, demonstrator of
cosmetics or instructor whose license has expired may have his or her license
renewed only upon payment of all required fees and submission of all
information required to complete the renewal.
2. Any nail technologist, electrologist,
aesthetician, hair designer, hair braider, cosmetologist, demonstrator of
cosmetics or instructor who retires from practice for more than 1 year may have
his or her license restored only upon payment of all required fees and
submission of all information required to complete the restoration.
3. No nail technologist, electrologist,
aesthetician, hair designer, hair braider, cosmetologist, demonstrator of
cosmetics or instructor who has retired from practice for more than 4 years may
have his or her license restored without examination and must comply with any
additional requirements established in regulations adopted by the Board.
[Part 14:218:1931; A 1933, 237; 1953, 150]—(NRS A
1960, 314; 1981,
1355; 1985,
1634; 1991,
2059; 1995,
463; 1997,
2163; 2001,
1194; 2005,
2773, 2807;
2009, 2506;
2011, 3039)
REGISTRATION RELATING TO PRACTICE OF THREADING
NRS 644.331 Registration of natural persons engaged in practice of threading
and owners and operators of facilities in which natural persons engage in
practice of threading; inspection of facilities by Board.
1. Each natural person who engages in the
practice of threading and each owner or operator of a kiosk or other
stand-alone facility in which a natural person engages in the practice of
threading shall, on or before January 1 of each year, register with the Board
on a form prescribed by the Board. The registration must include:
(a) The name, address and telephone number of the
person, owner or operator; and
(b) Any other information relating to the
practice of the person or the operation of the kiosk or other facility required
by the Board. The Board shall not charge a fee for registering a person, owner
or operator pursuant to this subsection.
2. The Board may, during regular business
hours, inspect any facility in this State in which threading is conducted.
(Added to NRS by 2009, 2498)
COSMETOLOGICAL ESTABLISHMENTS
NRS 644.340 Application for license; verbal review; issuance and activation
of license; on-site inspection; fees.
1. Any person wishing to operate a
cosmetological establishment in which any one or a combination of the
occupations of cosmetology are practiced must apply to the Board for a license,
through the owner, manager or person in charge, upon forms prepared and
furnished by the Board. Each application must contain a detailed floor plan of
the proposed cosmetological establishment and proof of the particular
requisites for a license provided for in this chapter, and must be verified by
the oath of the maker.
2. The applicant must submit the
application accompanied by the required fees for inspection and licensing.
After the applicant has submitted the application, the applicant must contact
the Board and request a verbal review concerning the application to determine
if the cosmetological establishment complies with the requirements of this
chapter and the regulations adopted by the Board. If, based on the verbal
review, the Board determines that the cosmetological establishment meets those
requirements, the Board shall issue to the applicant the required license. Upon
receipt of the license, the applicant must contact the Board to request the
activation of the license. A license issued pursuant to this subsection is not
valid until it is activated. The Board shall conduct an on-site inspection of
the cosmetological establishment not later than 90 days after the date on which
the license is activated.
3. The fee for a license for a
cosmetological establishment is $200. The fee for the initial inspection is
$15. If an additional inspection is necessary, the fee is $25.
[Part 16:218:1931; A 1933, 237; 1953, 150] + [Part
17:218:1931; 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 Notice of change of ownership, name, services offered or
location; new license and fees; approval of changes in physical structure of
establishment by Board.
1. The Board must be notified of any
change of ownership, name, services offered or location of a cosmetological
establishment. The establishment may not be operated after the change until a
new license is issued. The owner of the establishment must apply to the Board
for the license and pay the fees established pursuant to subsection 3 of NRS 644.340.
2. After a license has been issued for the
operation of a cosmetological establishment, any changes in the physical
structure of the establishment must be approved by the Board.
(Added to NRS by 1985, 1626; A 1991, 2060)
NRS 644.350 Expiration of license.
1. The license of every cosmetological
establishment expires 2 years after the date of issuance or renewal of the
license.
2. If a cosmetological establishment fails
to pay the required fee for renewal of its license within 90 days after the
date of expiration of the license, the establishment must be immediately closed.
[Part 16:218:1931; A 1933, 237; 1953, 150] + [Part
17:218:1931; A 1933, 237; 1953, 150]—(NRS A 1971, 239; 1981, 1356; 1985, 1634, 1858; 1987, 1070; 2007, 2958; 2011, 3040)
NRS 644.360 Display of license; limitation on persons to whom space may be
leased; limitation on persons who may be employed.
1. Every holder of a license issued by the
Board to operate a cosmetological establishment shall display the license or a
duplicate of the license in plain view of members of the general public in the
principal office or place of business of the holder.
2. Except as otherwise provided in this
section, the operator of a cosmetological establishment may lease space to or
employ only licensed nail technologists, electrologists, aestheticians, hair
designers, demonstrators of cosmetics and cosmetologists at the establishment
to provide cosmetological services. This subsection does not prohibit an
operator of a cosmetological establishment from:
(a) Leasing space to or employing a barber. Such
a barber remains under the jurisdiction of the State Barbers’ Health and
Sanitation Board and remains subject to the laws and regulations of this State
applicable to his or her business or profession.
(b) Leasing space to any other professional,
including, without limitation, a provider of health care pursuant to subsection
3. Each such professional remains under the jurisdiction of the regulatory body
which governs his or her business or profession and remains subject to the laws
and regulations of this State applicable to such business or profession.
3. The operator of a cosmetological
establishment may lease space at the cosmetological establishment to a provider
of health care for the purpose of providing health care within the scope of his
or her practice. The provider of health care shall not use the leased space to
provide such health care at the same time a cosmetologist uses that space to
engage in the practice of cosmetology. A provider of health care who leases space
at a cosmetological establishment pursuant to this subsection remains under the
jurisdiction of the regulatory body which governs his or her business or
profession and remains subject to the laws and regulations of this State
applicable to such business or profession.
4. As used in this section:
(a) “Provider of health care” means a person who
is licensed, certified or otherwise authorized by the law of this State to
administer health care in the ordinary course of business or practice of a
profession.
(b) “Space” includes, without limitation, a
separate 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; 2009, 2506;
2013, 627)
NRS 644.365 Practice of cosmetology by certain licensed cosmetologists. Cosmetology may be practiced in a
cosmetological establishment 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 Supervision by licensed person. A
cosmetological establishment must, at all times, be under the immediate
supervision of a licensed nail technologist, electrologist, aesthetician, hair
designer or cosmetologist.
[Part 17:218:1931; A 1933, 237; 1953, 150]—(NRS A 1981, 1356; 1985, 1859; 1995, 463; 2009, 2507)
NRS 644.375 Food and beverage sales. Food
or beverages for immediate consumption may be sold in a cosmetological
establishment.
(Added to NRS by 2001, 1191; A 2003, 2533)
ESTABLISHMENTS FOR HAIR BRAIDING
NRS 644.377 Application for license; verbal review; issuance and activation
of license; on-site inspection; fees.
1. Any person wishing to operate an
establishment for hair braiding must apply to the Board for a license, through
the owner, manager or person in charge, upon forms prepared and furnished by
the Board. Each application must contain a detailed floor plan of the proposed
establishment for hair braiding and proof of any particular requisites for a
license provided for in this chapter, and must be verified by the oath of the
maker.
2. The applicant must submit the
application accompanied by the required fees for inspection and licensing.
After the applicant has submitted the application, the applicant must contact
the Board and request a verbal review concerning the application to determine
if the establishment for hair braiding complies with the requirements of this
chapter and any regulations adopted by the Board. If, based on the verbal
review, the Board determines that the establishment for hair braiding meets those
requirements, the Board shall issue to the applicant the required license. Upon
receipt of the license, the applicant must contact the Board to request the
activation of the license. A license issued pursuant to this subsection is not
valid until it is activated. The Board shall conduct an on-site inspection of
the establishment for hair braiding not later than 90 days after the date on
which the license is activated.
3. The fee for a license for an
establishment for hair braiding is $200. The fee for the initial inspection is
$15. If an additional inspection is necessary, the fee is $25.
(Added to NRS by 2011, 3031)
NRS 644.3772 Notice of change of ownership, name, services offered or
location; new license and fees; approval of changes in physical structure of
establishment by Board.
1. The Board must be notified of any
change of ownership, name, services offered or location of an establishment for
hair braiding. The establishment may not be operated after the change until a
new license is issued. The owner of the establishment must apply to the Board
for the license and pay the fees established pursuant to subsection 3 of NRS 644.377.
2. After a license has been issued for the
operation of an establishment for hair braiding, any changes in the physical
structure of the establishment must be approved by the Board.
(Added to NRS by 2011, 3032)
NRS 644.3773 Expiration of license.
1. The license of an establishment for hair
braiding expires 2 years after the date of issuance or renewal of the license.
2. If the owner of an establishment for
hair braiding fails to pay the required fee for renewal of its license within
90 days after the date of expiration of the license, the establishment must be
immediately closed.
(Added to NRS by 2011, 3032)
NRS 644.3774 Display of license. Every
holder of a license issued by the Board to operate an establishment for hair
braiding shall display the license or a duplicate of the license in plain view
of members of the general public in the principal office or place of business
of the holder.
(Added to NRS by 2011, 3032;
A 2013, 628)
NRS 644.3775 Practice of hair braiding by certain licensees. Hair braiding may be practiced in an
establishment for hair braiding by licensed hair braiders, hair designers or
cosmetologists who are:
1. Employees of the owner of the
establishment; or
2. Lessees of space from the owner of the
establishment.
(Added to NRS by 2011, 3032)
NRS 644.3776 Supervision by licensed person. An
establishment for hair braiding must, at all times, be under the immediate
supervision of a licensed hair braider, hair designer or cosmetologist.
(Added to NRS by 2011, 3032)
NRS 644.3777 Food and beverage sales. Food
or beverages for immediate consumption may be sold in an establishment for hair
braiding.
(Added to NRS by 2011, 3032)
SCHOOLS OF COSMETOLOGY
NRS 644.380 Application for license; determinations by Board; fee; new
license required for change in ownership or location; approval of changes in
physical structure of school by Board.
1. Any person desiring to conduct a school
of cosmetology in which any one or any combination of the occupations of
cosmetology are taught must apply to the Board for a license, through the
owner, manager or person in charge, upon forms prepared and furnished by the
Board. Each application must contain proof of the particular requisites for a
license provided for in this chapter, and must be verified by the oath of the
maker. 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 the manager or person in charge and of each instructor;
(c) Evidence of financial ability to provide the
facilities and equipment required by regulations of the Board and to maintain
the operation of the proposed school for 1 year;
(d) Proof that the proposed school will commence
operation with an enrollment of not less than 25 bona fide students;
(e) The annual fee for a license;
(f) A copy of the contract for the enrollment of
a student in a program at the school of cosmetology; and
(g) The name and address of the person designated
to accept service of process.
2. Upon receipt by the Board of the
application, the Board shall, before issuing a license, determine whether the
proposed school:
(a) Is suitably located.
(b) Contains at least 5,000 square feet of floor
space and adequate equipment.
(c) Has a contract for the enrollment of a
student in a program at the school of cosmetology that is approved by the
Board.
(d) Admits as regular students only persons who
have received a certificate of graduation from high school, or the recognized
equivalent of such a certificate, or who are beyond the age of compulsory
school attendance.
(e) Meets all requirements established by
regulations of the Board.
3. The annual fee for a license for a
school of cosmetology is not less than $500 and not more than $800.
4. If the proposed school meets all
requirements established by this chapter and the regulations adopted pursuant
thereto, the Board shall issue a license to the proposed school. The license
must contain:
(a) The name of the proposed school;
(b) A statement that the proposed school is
authorized to operate educational programs beyond secondary education; and
(c) Such other information as the Board considers
necessary.
5. If the ownership of the school changes
or the school moves to a new location, the school may not be operated until a
new license is issued by the Board.
6. After a license has been issued for the
operation of a school of cosmetology, the licensee must obtain the approval of
the Board before making any changes in the physical structure of the school.
[Part 16:218:1931; A 1933, 237; 1953, 150] + [Part
17:218:1931; A 1933, 237; 1953, 150]—(NRS A 1960, 314; 1971, 239; 1981, 1356; 1985, 1635, 1859; 1987, 1203; 1991, 2060; 2005, 2645; 2011, 3040;
2013, 2245)
NRS 644.384 Surety bonds; payment plans; Board to adopt regulations.
1. Each school of cosmetology shall:
(a) Obtain a surety bond in accordance with
regulations adopted by the Board; or
(b) Provide for payment plans, including plans
for periodic payments, in accordance with regulations adopted by the Board.
2. The Board shall adopt regulations
regarding surety bonds and payment plans for purposes of subsection 1. The
regulations regarding periodic payments must, as the Board determines appropriate,
be modeled after 34 C.F.R. § 668.4.
(Added to NRS by 2011, 3029)
NRS 644.385 Evidence of personal integrity and moral responsibility of
applicant; designation of person authorized to accept service of notice from
Board and transact business.
1. The Board may refuse to issue a school
of cosmetology license to any applicant who fails to present satisfactory evidence
of personal integrity and moral responsibility, and, if the applicant is a
corporation, the provisions of this subsection shall apply to all the officers
thereof.
2. No school of cosmetology license may be
issued until the owner files with the Board a statement designating the person
authorized to accept service of notice from the Board and to transact all
business negotiations in behalf of the school.
(Added to NRS by 1960, 316)
NRS 644.387 Certain cosmetological establishments deemed schools of
cosmetology. Every cosmetological
establishment which exacts a fee for the teaching of any branch of cosmetology
is a school of cosmetology and shall comply with the provisions of NRS 644.400 and the regulations adopted by the Board.
(Added to NRS by 1985, 1850; A 1987, 731, 1204)
NRS 644.393 Fee for each student to be paid to Board. Every school of cosmetology shall pay to the
Board a fee of $10 for each student within 30 days after the student is
enrolled or reenrolled.
(Added to NRS by 1985, 1850; A 1991, 2061; 2005, 2646)
NRS 644.395 Staff of instructors. Each
school of cosmetology shall maintain a staff of at least two licensed instructors
and one additional licensed instructor for each 25 enrolled students, or major
portion thereof, over 50 students. A school of cosmetology must have at least
two licensed instructors present and teaching at any time while the school is
open. Persons instructing pursuant to provisional licenses issued pursuant to NRS 644.193 are considered instructors for the
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 under the immediate supervision of a licensed instructor who has had
practical experience of at least 1 year in the practice of a majority of the
branches of cosmetology in an established place of business.
2. A school of cosmetology shall:
(a) Maintain a school term of not less than 1,800
hours extending over a period of not more than 36 months, and maintain a course
of practical training and technical instruction equal to the requirements for
examination for a license as a cosmetologist.
(b) Maintain apparatus and equipment sufficient
to teach all the subjects of its curriculum.
(c) Keep a daily record of the attendance of each
student, a record devoted to the different practices, establish grades and hold
examinations before issuing diplomas. These records must be submitted to the
Board pursuant to its regulations.
(d) Include in its curriculum a course of
deportment consisting of instruction in courtesy, neatness and professional
attitude in meeting the public.
(e) Arrange the courses devoted to each branch or
practice of cosmetology as the Board may from time to time adopt as the course
to be followed by the schools.
(f) Not allow any student to perform services on
the public for more than 7 hours in any day.
(g) Conduct at least 5 hours of instruction in
theory in 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
the basis of rotation.
3. Except as otherwise provided in
subsection 4, the Board may, upon request, authorize a school of cosmetology to
offer, in addition to courses which are included in any curriculum required for
licensure as a cosmetologist, any other course.
4. The Board shall, upon request,
authorize a school of cosmetology to offer a course or program that is
designed, intended or used to prepare or qualify another person for licensure
in the field of massage therapy if:
(a) The school of cosmetology has obtained all
licenses, authorizations and approvals required by state and local law to offer
such a course or program; and
(b) With regard to that portion of the premises
where the school of cosmetology offers courses included in the cosmetological
curriculum, the school of cosmetology continues to comply with the provisions
of this chapter and any regulations adopted pursuant thereto.
5. Notwithstanding any other provision of
law, if a school of cosmetology offers a course or program that is designed,
intended or used to prepare or qualify another person for licensure in the
field of massage therapy:
(a) The Board has exclusive jurisdiction over the
authorization and regulation of the course or program offered by the school of
cosmetology; and
(b) The school of cosmetology is not required to
obtain any other license, authorization or approval to offer the course or
program.
[Part 17:218:1931; A 1933, 237; 1953, 150]—(NRS A
1960, 315; 1971, 240, 1119; 1979, 1826; 1981, 1357; 1985, 1636, 1859; 1987, 1204; 2003, 2533; 2005, 2858)
NRS 644.403 Unconscionable contracts with students.
1. An unconscionable contract between a
school of cosmetology and a student of cosmetology is not enforceable.
2. “Unconscionable contract” means a
contract which a person of common sense, who was not under a delusion, would
not execute and which a fair and honest person would not accept. The fact that
one provision of a contract or the entire contract is more favorable to one
party than another does not in itself render a contract unconscionable.
(Added to NRS by 1969, 882)
NRS 644.405 Restrictions on advertisement of work of students on public for
pay. No school of cosmetology may
advertise student work to the public for pay through any medium, including
radio, unless the work advertised is expressly designated as student’s work.
(Added to NRS by 1960, 317; A 1981, 1358)
NRS 644.408 Amount of instruction required before student commences work on
public. A student must receive the
following minimum amount of instruction in the classroom before commencing work
on members of the public:
1. A student enrolled as a cosmetologist
must receive at least 300 hours.
2. A student enrolled as a hair designer
must receive at least 300 hours.
3. A student enrolled as a nail
technologist must receive at least 100 hours.
4. A student enrolled as an
electrologist’s apprentice must receive at least 150 hours.
5. A student enrolled as an aesthetician
must receive at least 150 hours.
(Added to NRS by 1981, 1348; A 1985, 1636; 1991, 2061; 1995, 463; 2005, 2646, 2859; 2009, 2507)
NRS 644.410 Display of license. Every
holder of a license issued by the Board to operate a school of cosmetology
shall display the license or a duplicate of the license in a conspicuous place
in the principal office or place of business of the holder.
[Part 18:218:1931; 1931 NCL § 1862.18]—(NRS A 2013, 628)
NRS 644.415 Board to take action to enable schools to receive federal
financial assistance. The Board
shall take such action as it determines is reasonable to enable schools of
cosmetology to receive money from the Federal Government for student financial
assistance to the greatest extent practicable under federal law.
(Added to NRS by 2013, 2244)
DISCIPLINARY ACTIONS
NRS 644.430 Grounds; authorized disciplinary action; orders imposing
discipline deemed public records.
1. The following are grounds for
disciplinary action by the Board:
(a) Failure of an owner of an establishment for
hair braiding, a cosmetological establishment, a licensed aesthetician,
cosmetologist, hair designer, hair braider, electrologist, instructor, nail
technologist, demonstrator of cosmetics or school of cosmetology, or a
cosmetologist’s apprentice to comply with the requirements of this chapter or
the applicable regulations adopted by the Board.
(b) Obtaining practice in cosmetology or any
branch thereof, for money or any thing of value, by fraudulent
misrepresentation.
(c) Gross malpractice.
(d) Continued practice by a person knowingly
having an infectious or contagious disease.
(e) Drunkenness or the use or possession, or
both, of a controlled substance or dangerous drug without a prescription, while
engaged in the practice of cosmetology.
(f) Advertisement by means of knowingly false or
deceptive statements.
(g) Permitting a license to be used where the
holder thereof is not personally, actively and continuously engaged in
business.
(h) Failure to display the license or a duplicate
of the license as provided in NRS 644.290, 644.360, 644.3774 and 644.410.
(i) Entering, by a school of cosmetology, into an
unconscionable contract with a student of cosmetology.
(j) Continued practice of cosmetology or
operation of a cosmetological establishment or school of cosmetology after the
license therefor has expired.
(k) Any other unfair or unjust practice, method
or dealing which, in the judgment of the Board, may justify such action.
2. If the Board determines that a
violation of this section 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
specified period;
(d) Impose a fine not to exceed $2,000; or
(e) Take any combination of the actions
authorized by paragraphs (a) to (d), inclusive.
3. An order that imposes discipline and
the findings of 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; 2009, 2507;
2011, 3041;
2013, 628)
NRS 644.435 Suspension of license or registration for failure to pay child
support or comply with certain subpoenas or warrants; reinstatement of license
or registration. [Effective until 2 years after the date of the repeal of 42
U.S.C. § 666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
1. If the Board receives a copy of a court
order issued pursuant to NRS 425.540
that provides for the suspension of all professional, occupational and
recreational licenses, certificates and permits issued to a person who has been
issued a license or been registered pursuant to NRS
644.190 to 644.330, inclusive, the Board shall
deem the license or registration issued to that person to be suspended at the
end of the 30th day after the date on which the court order was issued unless
the Board receives a letter issued by the district attorney or other public
agency pursuant to NRS 425.550 to the
holder of the license or registration stating that the holder of the license or
registration has complied with the subpoena or warrant or has satisfied the
arrearage pursuant to NRS 425.560.
2. The Board shall reinstate a license or
registration issued pursuant to NRS 644.190 to 644.330, inclusive, that has been suspended by a
district court pursuant to NRS 425.540
if the Board receives a letter issued by the district attorney or other public
agency pursuant to NRS 425.550 to the
person whose license or registration was suspended stating that the person
whose license or registration was suspended has complied with the subpoena or
warrant 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 Notice and hearing for denial of license; citation for violation
of regulation concerning sanitation or health; grounds for immediate suspension
and automatic revocation.
1. The Board may refuse to issue or renew
any license only upon 20 days’ notice in writing to the interested parties. The
notice must contain a brief statement of the reasons for the contemplated
action of the Board and designate a proper time and place for the hearing of
all interested parties 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 United States Postal Service a copy of the notice, addressed to the
designated or last known residence of the applicant or licensee.
3. Notwithstanding the provisions of chapter 622A of NRS, violations of any
regulation of the Board for sanitation or of any statute or regulation of the
State Board of Health or any county regulation concerning health may be
corrected by any inspector of the Board by giving notice in the form of a citation.
Any licensee receiving a citation shall immediately correct the violation or
shall show that corrections have commenced. Failure to correct or to commence
corrections within 72 hours after receipt of the citation subjects the license
to immediate suspension. The Board may then give 20 days’ notice for hearing to
show cause why the license should not be permanently revoked.
4. Notwithstanding the provisions of chapter 622A of NRS, the closure of any
establishment or school by the State Board of Health acts as an automatic
revocation of the license.
[Part 19:218:1931; 1931 NCL § 1862.19]—(NRS A 1971,
1121; 1985,
1637; 1987,
731; 1991,
2063; 2005,
801)
NRS 644.446 Confidentiality of certain records of Board; exceptions.
1. Except as otherwise provided in this
section and NRS 239.0115, a complaint
filed with the Board, all documents and other information filed with the
complaint and all documents and other information compiled as a result of an
investigation conducted to determine whether to initiate disciplinary action
against a person are confidential, unless the person submits a written statement
to the Board requesting that such documents and information be made public
records.
2. The charging document filed with the
Board to initiate disciplinary action pursuant to chapter 622A of NRS and all documents and
information considered by the Board when determining whether to impose
discipline are public records.
3. The Board shall, to the extent
feasible, communicate or cooperate with or provide any documents or other
information to any other licensing board or any other agency that is
investigating a person, including, without limitation, a law enforcement
agency.
(Added to NRS by 2003, 3463; A 2005, 801; 2007, 2146; 2013, 2246)
NRS 644.448 Complaints: Filing. Any
person who becomes aware that a person practicing cosmetology in this State
has, is or is about to become engaged in conduct which constitutes grounds for
initiating disciplinary action pursuant to NRS 644.430
may file a written complaint with the Board. A complaint may be filed
anonymously. If a complaint is filed anonymously, the Board may accept the
complaint but may refuse to consider the complaint if anonymity of the
complainant makes processing the complaint impossible or unfair to the person
who is the subject of the complaint.
(Added to NRS by 2013, 2244)
NRS 644.449 Complaints: Referral to another licensing board; civil immunity.
1. If the Board determines that a
complaint filed with the Board concerns a matter within the jurisdiction of
another licensing board, the Board shall refer the complaint to the other
licensing board within 5 days after making the determination.
2. The Board may refer a complaint
pursuant to subsection 1 orally, electronically or in writing.
3. The provisions of subsection 1 apply to
any complaint filed with the Board, including, without limitation:
(a) A complaint which concerns a person who or
entity which is licensed, certified or otherwise regulated by the Board or by
another licensing board; and
(b) A complaint which concerns a person who or
entity which is licensed, certified or otherwise regulated solely by another
licensing board.
4. The provisions of this section do not
prevent the Board from acting upon a complaint which concerns a matter within
the jurisdiction of the Board regardless of whether the Board refers the
complaint pursuant to subsection 1.
5. The Board or an officer or employee of
the Board is immune from any civil liability for any decision or action taken
in good faith and without malicious intent in carrying out the provisions of
this section.
6. As used in this section, “licensing
board” means a board created pursuant to chapter
630, 630A, 631,
632, 633, 634, 634A, 635, 636, 637, 637A, 637B, 639, 640, 640A, 640B, 640C,
640D, 640E,
641, 641A,
641B, 641C,
643, 644 or 654 of NRS.
(Added to NRS by 2013, 2244)
APPLICABILITY OF CHAPTER
NRS 644.460 Exemptions.
1. The following persons are exempt from
the provisions of this chapter:
(a) All persons authorized by the laws of this
State to practice medicine, dentistry, osteopathic medicine, chiropractic or
podiatry.
(b) Commissioned medical officers of the United
States Army, Navy, or Marine Hospital Service when engaged in the actual
performance of their official duties, and attendants attached to those
services.
(c) Barbers, insofar as their usual and ordinary
vocation and profession is concerned, when engaged in any of the following
practices:
(1) Cleansing or singeing the hair of any
person.
(2) Massaging, cleansing, stimulating,
exercising or similar work upon the scalp, face or neck of any person, with the
hands or with mechanical or electrical apparatus or appliances, or by the use
of cosmetic preparations, antiseptics, tonics, lotions or creams.
(d) Retailers, at a retail establishment, insofar
as their usual and ordinary vocation and profession is concerned, when engaged
in the demonstration of cosmetics if:
(1) The demonstration is without charge to
the person to whom the demonstration is given; and
(2) The retailer does not advertise or
provide a cosmetological service except cosmetics and fragrances.
(e) Photographers or their employees, insofar as
their usual and ordinary vocation and profession is concerned, if the
photographer or his or her employee does not advertise cosmetological services
and provides cosmetics without charge to the customer.
2. Any school of cosmetology conducted as
part of the vocational rehabilitation training program of the Department of
Corrections or the Caliente Youth Center:
(a) Is exempt from the requirements of paragraph
(c) of subsection 2 of NRS 644.400.
(b) Notwithstanding the provisions of NRS 644.395, shall maintain a staff of at least one
licensed instructor.
[15:218:1931; A 1933, 237; 1931 NCL § 1862.15]—(NRS A
1969, 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 Treatment by X ray prohibited; application or implantation of
certain substances prohibited; penalty. Nothing
in this chapter:
1. Authorizes the use of any X-ray machine
in the treatment of the scalp or in the removal of superfluous hair; or
2. Permits the local application of
carbolic acid or corrosive 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.
Ê A violation
of the provisions of this section constitutes a misdemeanor.
[12a:218:1931; 1931 NCL § 1862.12]—(NRS A 1967, 643; 1987, 1071)
NRS 644.471 Unlawful to engage in practice of cosmetology unless wearing
clean outer garments; regulations of Board.
1. It is unlawful for a person to engage
in the practice of any branch of cosmetology unless the person is wearing clean
outer garments which are suitable to allow the safe and hygienic practice of
cosmetology.
2. The Board shall adopt regulations which
prescribe standards for the garments required by subsection 1.
(Added to NRS by 1993, 2646)
NRS 644.472 Unlawful for animal to be on premises of licensed establishment
for hair braiding or cosmetological establishment; exception.
1. Except as otherwise provided in
subsection 2, it is unlawful for any animal to be on the premises of a licensed
establishment for hair braiding or cosmetological establishment.
2. An aquarium may be maintained on the
premises of a licensed establishment for hair braiding or cosmetological
establishment.
(Added to NRS by 1985, 1627; A 1989, 2005; 2011, 3042)
NRS 644.473 Unlawful acts concerning cutting of men’s hair and practice of
barbering. It is unlawful for:
1. Any licensed cosmetological
establishment to represent itself to the public as primarily engaged in the
business of cutting men’s hair; or
2. Any person licensed pursuant to this
chapter to engage in any act or practice which constitutes a violation of
subsection 6 or 7 of NRS 643.190.
(Added to NRS by 1969, 1164; A 2005, 2647)
NRS 644.475 Styling of hairpieces: Restrictions.
1. Any establishment in which hairpieces
are sold may set or style a new hairpiece on a person in preparation for retail
sale. After the sale, the hairpiece may only be set or styled by a licensed
cosmetologist or hair designer.
2. A used hairpiece must be cleaned by a
licensed cosmetologist or hair designer before being sold or tried on a
customer.
3. This section does not prohibit a
licensed barber from performing any service with respect to hairpieces which a
licensed cosmetologist or hair designer may perform.
(Added to NRS by 1969, 914; A 1995, 465)
NRS 644.476 Unlawful to copy or alter license. It
is unlawful for a person to reproduce mechanically or otherwise copy or alter a
license issued pursuant to this chapter.
(Added to NRS by 1991, 2054)
NRS 644.480 Penalties.
1. Every person violating any of the
provisions of this chapter shall be guilty of a misdemeanor.
2. Every person required by the provisions
of this chapter to perform any act or duty who shall fail, refuse or neglect to
perform the duty in the manner directed by the provisions of this chapter shall
be guilty of a misdemeanor.
3. Every person required by the provisions
of this chapter to perform any duty at a specified time or in a specified
manner who shall fail, refuse or neglect to perform the duty at the time and in
the manner provided 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 Additional penalties for person who engages in certain conduct
without license; authority of Board to issue citations and orders to cease and
desist; administrative fines; appeals.
1. In addition to any other penalty:
(a) The Board may issue a citation to a person
who violates the provisions of NRS 644.190. A
citation issued pursuant to this paragraph must be in writing and describe with
particularity the nature of the violation. The citation also must inform the
person of the provisions of subsection 2. A separate citation must be issued
for each violation. If appropriate, the citation may contain an order to cease
and desist.
(b) Upon finding that a person has violated the
provisions of NRS 644.190, the Board shall 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 hearing by
written notice of appeal to the Board within 30 days after the date on which
the 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 which constitutes an offense
under this chapter, the district court of any county, on application of the
Board, may issue an injunction or other appropriate order restraining the act
or practice, without a showing of actual harm. A proceeding under this section
is governed by Rule 65 of the
Nevada Rules of Civil Procedure.
(Added to NRS by 1985, 1627)—(Substituted
in revision for NRS 644.447)
NRS 644.510 Actions and remedies cumulative and not exclusive.
1. The actions and remedies authorized by
this chapter are cumulative.
2. When an agency or officer elects to
take a particular action or pursue a particular remedy authorized by this
chapter or another specific statute, that election is not exclusive and does
not preclude the agency or officer or another agency or officer from taking any
other actions or pursuing any other remedies authorized by this chapter or
another specific statute.
(Added to NRS by 2005, 2639)
