[Rev. 11/21/2013 12:54:12
PM--2013]
CHAPTER 643 - BARBERS AND BARBERING
GENERAL PROVISIONS
NRS 643.010 Definitions.
NRS 643.019 Applicability
of chapter.
STATE BARBERS’ HEALTH AND SANITATION BOARD
NRS 643.020 Creation;
qualifications and removal of members.
NRS 643.030 Election
of officers; compensation of officers, members and employees; duties of
Secretary-Treasurer.
NRS 643.040 Meetings;
quorum; seal; quarters.
NRS 643.050 Powers
and duties.
NRS 643.055 Fiscal
year.
NRS 643.060 Deposit
and expenditure of money; fines.
BARBERS AND APPRENTICES
NRS 643.070 Qualifications
for license as barber.
NRS 643.080 Qualifications
for license as apprentice.
NRS 643.085 Qualifications
of person licensed pursuant to chapter 644 of
NRS.
NRS 643.090 Application
for examination: Form; contents; fee; filing of certificate of physician.
NRS 643.095 Payment
of child support: Submission of certain information by applicant; grounds for
denial of license; 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 643.095 Payment
of child support: Submission of certain information by applicant; grounds for
denial of license; 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 643.100 Examinations:
Times and subjects.
NRS 643.105 Effect
of failure to appear for examination; regulations.
NRS 643.110 Effect
of failure to pass examination.
NRS 643.120 Admission
of barber or apprentice licensed in another jurisdiction.
NRS 643.130 Issuance
of licenses; temporary exemption from licensure for certain applicants.
NRS 643.140 Renewal
of license; restoration of expired license; fees.
NRS 643.150 Licensee
must display license; owner or manager of barbershop or barber school must
display regulations of Board.
NRS 643.170 Notice
and hearing; subpoenas; fees and mileage.
LICENSING OF BARBERSHOPS
NRS 643.171 License
to operate barbershop required.
NRS 643.1711 Application
for license; fee.
NRS 643.1712 License
for existing barbershop.
NRS 643.1713 License
for new barbershop: Inspection; issuance of temporary and regular licenses.
NRS 643.1714 Fees;
renewal or restoration of license.
NRS 643.1715 Assignment
or transfer of license prohibited.
NRS 643.1716 Compliance
with provisions concerning sanitation and regulations of Board.
NRS 643.1717 Suspension
or revocation of licenses.
BARBER SCHOOLS
NRS 643.172 Operation
of barber school without license unlawful.
NRS 643.173 Application
for license; fee.
NRS 643.174 Personal
appearance of applicant before Board; required information.
NRS 643.175 Fees;
renewal of license.
NRS 643.176 Regulations;
continuing education.
NRS 643.177 Conditions
for operation of barber school: Signs; number of instructors; restrictions;
charge for barbering services.
NRS 643.1775 Qualifications
for license as instructor.
NRS 643.179 Notice
and hearing.
MISCELLANEOUS PROVISIONS
NRS 643.182 Board
may require primary base of operation.
NRS 643.184 Authorized
representative of Board may require certain persons to provide identification.
NRS 643.185 Grounds
for disciplinary action; orders imposing discipline deemed public records.
NRS 643.188 Suspension
of license for failure to pay child support or comply with certain subpoenas or
warrants; reinstatement of license. [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 643.189 Confidentiality
of certain records of Board; exceptions.
PROHIBITED PRACTICES; REMEDIES; PENALTIES
NRS 643.190 Unlawful
acts concerning practice of barbering.
NRS 643.200 Unlawful
acts concerning sanitation and operation of barbershop.
NRS 643.203 Unlawful
to engage in practice of barbering unless wearing clean outer garments;
regulations of Board.
NRS 643.205 Unlawful
to instruct practice of barbering in barber school without license.
NRS 643.210 Penalties.
NRS 643.220 Additional
penalties for person who engages in certain prohibited conduct; authority of
Board to issue citations and orders to cease and desist; administrative fines;
appeals.
NRS 643.230 Injunctions.
NRS 643.240 Actions
and remedies cumulative and not exclusive.
_________
GENERAL PROVISIONS
NRS 643.010 Definitions. As
used in this chapter, unless the context otherwise requires:
1. “Barber school” includes a school of
barbering, college of barbering and any other place or institution of
instruction training persons to engage in the practice of barbering.
2. “Barbershop” means any establishment or
place of business where the practice of barbering is engaged in or carried on.
3. “Board” means the State Barbers’ Health
and Sanitation Board.
4. “Instructor” means any person who is
licensed by the Board pursuant to the provisions of this chapter to instruct
the practice of barbering in a barber school.
5. “Licensed apprentice” means a person
who is licensed to engage in the practice of barbering as an apprentice
pursuant to the provisions of this chapter.
6. “Licensed barber” means a person who is
licensed to engage in the practice of barbering pursuant to the provisions of
this chapter.
7. “Practice of barbering” means any of
the following practices for cosmetic purposes:
(a) Shaving or trimming the beard, cutting or
trimming the hair, or hair weaving.
(b) Giving massages of the face or scalp or
treatments with oils, creams, lotions or other preparations, by hand or
mechanical appliances.
(c) Singeing, shampooing or dyeing the hair, or
applying hair tonics.
(d) Applying cosmetic preparations, antiseptics,
powders, oils or lotions to the scalp, face or neck.
(e) Arranging, fitting, cutting, styling,
cleaning, coloring or dyeing a hairpiece or wig, whether made of human hair or
synthetic material. This does not restrict any establishment from setting or
styling a hairpiece or wig in preparation for retail sale.
8. “Student” means a person receiving
instruction in a barber school.
[Part 2:131:1929; A 1937, 213; 1931 NCL § 761]—(NRS A
1959, 324; 1971, 50; 1987, 1389; 1999, 2577)
NRS 643.019 Applicability of chapter. This
chapter does not apply to:
1. A person licensed pursuant to chapter 644 of NRS, unless the person has
engaged in any act or practice which constitutes a violation of subsection 6 or
7 of NRS 643.190.
2. Embalmers or undertakers in cutting the
hair or trimming the beard of any deceased person in preparation for burial or
cremation.
3. A prisoner who cuts hair in the city or
county jail, state prison, or other detention or correctional facility in which
he or she is incarcerated.
[3 1/2:131:1929; added 1937, 213; 1931 NCL § 761] +
[Part 2:131:1929; A 1937, 213; 1931 NCL § 761] + [19:131:1929; NCL § 778]—(NRS
A 1969, 1164; 1987,
730; 1999,
2577; 2005,
2636)
STATE BARBERS’ HEALTH AND SANITATION BOARD
NRS 643.020 Creation; qualifications and removal of members.
1. The State Barbers’ Health and
Sanitation Board, consisting of four members, is hereby created.
2. The Board consists of the Chief Medical
Officer, or a member of his or her staff designated by the Chief Medical
Officer, and three members who are licensed barbers appointed by the Governor.
Of the barbers, one barber must be from Clark County, one barber must be from
Washoe County and one barber must be from any county in the State. Each of the
barbers must have been a resident of this State and a practicing licensed
barber for at least 5 years immediately before his or her appointment.
3. The Governor may remove a member of the
Board for cause.
[Part 3:131:1929; A 1947, 731; 1943 NCL § 762]—(NRS A
1967, 801; 1981, 70; 1987, 903; 1999, 2577)
NRS 643.030 Election of officers; compensation of officers, members and
employees; duties of Secretary-Treasurer.
1. The Board shall elect a President. No
person may serve as President for more than 4 consecutive years.
2. The Board shall elect a Vice President.
3. The Board shall elect a
Secretary-Treasurer, who may or may not be a member of the Board. The Board
shall fix the salary of the Secretary-Treasurer, which must not exceed the sum
of $3,600 per year.
4. Each officer and member of the Board is
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.
5. 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.
6. The Secretary-Treasurer shall:
(a) Keep a record of all proceedings of the
Board.
(b) Give to this State a bond in the sum of
$3,000, with sufficient sureties, for the faithful performance of his or her
duties. The bond must be approved by the Board.
[Part 4:131:1929; A 1931, 349; 1939, 307; 1947, 731;
1953, 317] + [Part 3:131:1929; A 1947, 731; 1943 NCL § 762] + [Part
17a:131:1929; added 1931, 349; 1931 NCL § 776.01]—(NRS A 1957, 734; 1963, 159;
1975, 306; 1979, 92; 1981, 1995; 1989, 1704; 1999, 2578; 2007, 2956)
NRS 643.040 Meetings; quorum; seal; quarters.
1. Regular meetings of the Board shall be
held every 3 months.
2. A majority of the Board in meeting duly
assembled may perform and exercise all the duties and powers devolving upon the
Board.
3. The Board shall adopt and use a common
seal for the authentication of its orders and records.
4. The Board shall be furnished with
suitable quarters.
[Part 4:131:1929; A 1931, 349; 1939, 307; 1947, 731;
1953, 317] + [Part 17a:131:1929; added 1931, 349; 1931 NCL § 776.01]
NRS 643.050 Powers and duties.
1. The Board may:
(a) Maintain offices in as many locations in this
State as it finds necessary to carry out the provisions of this chapter.
(b) Employ attorneys, investigators and other
professional consultants and clerical personnel necessary to the discharge of
its duties.
(c) Adopt regulations necessary to carry out the
provisions of this chapter.
2. The Board shall prescribe, by
regulation, sanitary requirements for barbershops and barber schools.
3. Any member of the Board or its agents
or assistants may enter and inspect any barbershop or barber school at any time
during business hours or at any time when the practice of barbering or
instruction in that practice is being carried on.
4. The Board shall keep a record of its
proceedings relating to the issuance, refusal, renewal, suspension and
revocation of licenses. The record must contain the name, place of business and
residence of each licensed barber, licensed apprentice and instructor, and the
date and number of the license. The record must be open to public inspection at
all reasonable times.
5. The Board may approve and, by official
order, establish the days and hours when barbershops may remain open for
business whenever agreements fixing such opening and closing hours have been
signed and submitted to the Board by any organized and representative group of
licensed barbers of at least 70 percent of the licensed barbers of any county.
The Board may investigate the reasonableness and propriety of the hours fixed
by such an agreement, as is conferred by the provisions of this chapter, and
the Board may fix hours for any portion of a county.
6. The Board may adopt regulations
governing the conduct of barber schools and the course of study of barber
schools.
[Part 4:131:1929; A 1931, 349; 1939, 307; 1947, 731;
1953, 317] + [Part 17b:131:1929; added 1931, 349; 1931 NCL § 776.02]—(NRS A
1957, 734; 1959, 325; 1963, 159; 1999, 2578)
NRS 643.055 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, 159)
NRS 643.060 Deposit and expenditure of money; fines.
1. Except as otherwise provided in
subsection 3, money received by the Board under this chapter must be paid to
the Secretary-Treasurer of the Board, who shall deposit the money in banks,
credit unions or savings and loan associations in the State of Nevada and give
a receipt for it.
2. The money must be expended in
accordance with the provisions of this chapter for all necessary and proper
expenses in carrying out the provisions of this chapter and upon proper claims
approved by the Board.
3. The Board shall deposit the money
collected from the imposition of fines with the State Treasurer for credit to
the State General Fund, and may present a claim to the State Board of Examiners
for recommendation to the Interim Finance Committee if money is needed to pay
an attorney’s fees or the costs of an investigation, or both.
[16:131:1929; A 1931, 349; 1931 NCL § 775]—(NRS A
1963, 160; 1965, 62; 1987, 1615; 1999, 1537)
BARBERS AND APPRENTICES
NRS 643.070 Qualifications for license as barber. Any
person is qualified to receive a license as a barber:
1. Who is qualified under the provisions
of NRS 643.085.
2. Who is at least 18 years of age.
3. Who is of good moral character and
temperate habits.
4. Who has:
(a) Practiced as a licensed apprentice for a
period of 18 months under the immediate personal supervision of a licensed
barber; or
(b) Complied with the requirements of NRS 643.085.
5. Who has passed an examination conducted
by the Board to determine his or her fitness to practice as a licensed barber.
6. Who has had a chest X-ray, the results
of which indicate he or she is not tuberculous, and a blood test, the results
of which indicate he or she is not a carrier of communicable diseases.
[Part 5:131:1929; A 1931, 349; 1931 NCL § 764]—(NRS A
1957, 735; 1959, 325; 1987, 905; 1999, 2579)
NRS 643.080 Qualifications for license as apprentice. Any person is qualified to receive a license
as an apprentice:
1. Who is at least 16 1/2 years of age.
2. Who is of good moral character and
temperate habits.
3. Who has graduated from a school of barbering
approved by the Board.
4. Who has passed an examination conducted
by the Board to determine his or her fitness to practice as a licensed
apprentice.
5. Who has had a chest X-ray, the results
of which indicate he or she is not tuberculous, and a blood test, the results
of which indicate he or she is not a carrier of communicable diseases.
[Part 6:131:1929; A 1931, 349; 1947, 731; 1943 NCL §
765]—(NRS A 1957, 735; 1959, 326; 1999, 2579)
NRS 643.085 Qualifications of person licensed pursuant to chapter
644 of NRS. A person
who:
1. Is licensed pursuant to the provisions
of chapter 644 of NRS; and
2. Has completed 400 hours of specialized
training at a barber school approved by the Board,
Ê may take the
examination for a license as a barber without being licensed as an apprentice.
(Added to NRS by 1987, 905; A 1999, 2579)
NRS 643.090 Application for examination: Form; contents; fee; filing of
certificate of physician.
1. Each applicant for a license as a
barber or an apprentice must file an application verified by him or her for an
examination before the Board.
2. The application must be in a form
prescribed by the Board.
3. Each application must be accompanied by
the fees prescribed by subsection 4.
4. The Board shall annually fix the
examination fees, which must not be more than $100.
5. Each applicant must, at the time of
filing the application, file a certificate signed by a licensed physician
certifying that the applicant is free from tuberculosis and other communicable
diseases.
6. Each applicant must submit all
information required to complete the application.
[Part 4:131:1929; A 1931, 349; 1939, 307; 1947, 731;
1953, 317] + [Part 5:131:1929; A 1931, 349; 1931 NCL § 764]—(NRS A 1957, 735;
1969, 708; 1991,
2195; 1997,
2160; 1999,
2580; 2005,
2769, 2807)
NRS 643.095 Payment of child support: Submission of certain information by
applicant; grounds for denial of license; 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 as
a barber, an apprentice or an instructor 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 as a barber, an apprentice or an instructor must 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
(b) A separate form prescribed by the Board.
3. A license as a barber, an apprentice or
an instructor may not be issued or renewed by the Board 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, 2159; A 1999, 2580; 2005, 2769, 2807, 2809)
NRS 643.095 Payment of child support:
Submission of certain information by applicant; grounds for denial of license;
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 as a barber, an apprentice or an instructor must 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
(b) A separate form prescribed by the Board.
3. A license as a barber, an apprentice or
an instructor may not be issued or renewed by the Board 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, 2159; A 1999, 2580; 2005, 2769, 2770, 2807, 2809,
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 643.100 Examinations: Times and subjects.
1. Not
less than three times each year, at such times and places as it determines, the
Board shall conduct examinations to determine the fitness of each of the
following:
(a) Applicants
for licenses as barbers.
(b) Applicants
for licenses as apprentices.
(c) Applicants
to enter barber schools.
2. The examination of applicants for
licenses as barbers and apprentices must include a practical demonstration and
a written and oral test that must include the subjects usually taught in barber
schools approved by the Board.
[Part 6:131:1929; A 1931, 349; 1947, 731; 1943 NCL §
765]—(NRS A 1999,
2580)
NRS 643.105 Effect of failure to appear for examination; regulations.
1. An applicant for a license pursuant to
the provisions of this chapter who, without good cause, fails to appear for an
examination of the Board after notification by the Board of eligibility to take
the examination:
(a) Is not entitled to receive a refund of the
fee for that examination; and
(b) Must reapply to take the examination by
filing a new application and paying the fee for the examination.
2. The Board shall, by regulation, define
“good cause” for the purposes of this section.
(Added to NRS by 1999, 2576)
NRS 643.110 Effect of failure to pass examination.
1. Except as otherwise provided in
subsection 2, an applicant for a license as a barber who fails to pass the
examination conducted by the Board must continue to practice as a licensed
apprentice for an additional 3 months before he or she may retake the
examination for a license as a barber.
2. An applicant for a license as a barber
who is a cosmetologist licensed pursuant to the provisions of chapter 644 of NRS and who fails to pass the
examination conducted by the Board must complete further study as prescribed by
the Board, not exceeding 250 hours, in a barber school approved by the Board
before he or she may retake the examination for a license as a barber.
3. An applicant for a license as an
apprentice who fails to pass the examination provided for in NRS 643.080 must complete further study as prescribed
by the Board in a barber school approved by the Board before he or she may
retake the examination for a license as an apprentice.
4. An applicant for a license as an
instructor who fails to pass the examination provided for in NRS 643.1775 must complete further study prescribed
by the Board, not to exceed 250 hours, in a barber school approved by the Board
before he or she may retake the examination for a license as an instructor.
[Part 5:131:1929; A 1931, 349; 1931 NCL § 764] +
[Part 6:131:1929; A 1931, 349; 1947, 731; 1943 NCL § 765]—(NRS A 1959, 326; 1987, 905; 1999, 2581)
NRS 643.120 Admission of barber or apprentice licensed in another
jurisdiction. Except as otherwise
provided in NRS 643.130, any person who has a
license or certificate as a barber or an apprentice from another state, the
District of Columbia or a country which has substantially the same requirements
for licensing barbers and apprentices as are required by the provisions of this
chapter must be admitted to practice as a licensed barber or apprentice
pursuant to the regulations adopted by the Board.
[Part 8:131:1929; NCL § 767]—(NRS A 1999, 2581; 2005, 2637)
NRS 643.130 Issuance of licenses; temporary exemption from licensure for
certain applicants.
1. A license as a barber or an apprentice
must be issued by the Board to any applicant who:
(a) Passes an examination as provided for in NRS 643.070 and 643.080;
(b) Possesses the other qualifications required
by the provisions of this chapter;
(c) Complies with the requirements set forth in
the regulations of the Board; and
(d) Submits all information required to complete an
application for a license.
2. A person who has a license or
certificate as a barber from another state or the District of Columbia, who has
applied for an examination before the Board and who meets the qualifications
set forth in NRS 643.070, except subsection 5
thereof, is temporarily exempt from licensure and may engage in the practice of
barbering during the period of the temporary exemption if:
(a) The person has submitted a completed
application for licensure for the first time and the application has been
approved by the Board;
(b) The Board has approved the person to sit for
the examination required pursuant to NRS 643.100;
(c) The person has not previously failed an
examination for licensure as a barber;
(d) The person engages in the practice of
barbering under the supervision of a barber licensed pursuant to this chapter
and in accordance with the provisions of this chapter and the regulations of
the Board; and
(e) The person complies with any other
requirements of the Board to engage in the practice of barbering during the
period of the temporary exemption.
3. The temporary exemption authorized
pursuant to subsection 2 begins on the date on which the Board notifies the
person that he or she may engage in the practice of barbering under the
temporary exemption and continues until the date of the examination if the
person does not take the examination or until the date on which the Board
notifies the person of the results of the examination. During the period of the
temporary exemption, the person is subject to the regulatory and disciplinary
authority of the Board to the same extent as a licensed barber.
[Part 4:131:1929; A 1931, 349; 1939, 307; 1947, 731;
1953, 317] + [7:131:1929; NCL § 766]—(NRS A 1959, 326; 1997, 2160; 1999, 2581; 2005, 2637, 2771, 2807)
NRS 643.140 Renewal of license; restoration of expired license; fees.
1. Each licensed barber and each licensed
apprentice who continues in active practice or service shall biennially, on or
before April 1 of each even-numbered year, renew the license and pay the
required fee. The Board shall fix the fee for renewal of a license, which must
not be more than $60. All information required to complete the renewal must be
submitted with the fee. Every license which has not been renewed before May 1
of an even-numbered year expires on that date.
2. A licensed barber or a licensed
apprentice whose license has expired may have the license restored immediately
upon payment of the required restoration fee and submission of all required
information at any time within 2 years after the expiration of the license. The
Board shall fix the restoration fee, which must not be more than $120.
[Part 4:131:1929; A 1931, 349; 1939, 307; 1947, 731;
1953, 317] + [11:131:1929; A 1953, 317]—(NRS A 1957, 736; 1959, 326; 1965, 63;
1979, 92; 1983, 674; 1991, 2196; 1997, 2161; 1999, 2582; 2005, 2771, 2807)
NRS 643.150 Licensee must display license; owner or manager of barbershop or
barber school must display regulations of Board.
1. Each licensed barber and licensed
apprentice shall display the license in a conspicuous place adjacent to or near
his or her work chair.
2. A copy of the regulations adopted by
the Board must be:
(a) Provided to the owner or manager of each
barbershop or barber school; and
(b) Displayed in a conspicuous place in the
barbershop or barber school.
[Part 8:131:1929; NCL § 767] + [10:131:1929; NCL §
769]—(NRS A 1999,
2582)
NRS 643.170 Notice and hearing; subpoenas; fees and mileage.
1. The Board shall not refuse to issue or
renew any license, unless:
(a) Before taking that action the Board gives
written notice thereof to the accused stating the specific reason for its
adverse action; and
(b) The accused is granted the opportunity to
appear before the Board for a hearing within 20 days after the date of the
notice.
2. The Board may:
(a) Summon witnesses.
(b) Require the production of books, records and
papers for the hearing.
3. Subpoenas must be issued by the
Secretary-Treasurer of the Board directed to the sheriff of the proper county
to be served and returned in the same manner as subpoenas in criminal cases.
The fees and mileage of the sheriff and witnesses must be the same as is
allowed in criminal cases and must be paid from the money of the Board as other
expenses of the Board are paid.
4. If the accused prevails at the hearing,
the Board shall grant him or her the proper relief without delay.
5. Any investigation, inquiry or hearing
thus authorized may be entertained or held by or before a member or members of
the Board, and the finding or order of the member or members, when approved and
confirmed by the Board, shall be deemed the finding or order of the Board.
[14:131:1929; A 1931, 349; 1953, 317]—(NRS A 1981,
102; 1987, 1616;
1999, 2582;
2005, 799)
LICENSING OF BARBERSHOPS
NRS 643.171 License to operate barbershop required. No
person may operate a barbershop unless the Board has issued a license to
operate a barbershop to that person.
(Added to NRS by 1967, 800; A 1999, 2583)
NRS 643.1711 Application for license; fee. An
applicant for a license to operate a barbershop shall file an application with
the Board on forms prescribed by the Board accompanied by the fee specified in NRS 643.1714.
(Added to NRS by 1967, 800)
NRS 643.1712 License for existing barbershop. The
Board shall issue a license to operate an existing barbershop upon receipt of
such application and fee if the applicant complies with the applicable
provisions of this chapter.
(Added to NRS by 1967, 800)
NRS 643.1713 License for new barbershop: Inspection; issuance of temporary
and regular licenses.
1. An applicant for a license to operate a
new barbershop shall submit an application and an inspection fee to the
Secretary of the Board.
2. A member of the Board shall then,
within 6 days, inspect such shop and issue a temporary license to the applicant
which is valid for 20 days if such applicant complies with the applicable
provisions of this chapter and the regulations adopted by the Board.
3. The Board shall issue a regular license
to the applicant before the expiration of such 20-day period.
(Added to NRS by 1967, 800)
NRS 643.1714 Fees; renewal or restoration of license.
1. The Board shall establish the fee for
an inspection, which must not be more than $50. The fee for a license to
operate a barbershop or for the renewal of the license must not be more than
$50.
2. Each license to operate a barbershop
must be renewed biennially, during April of each odd-numbered year. Each
licensee shall pay the biennial fee for registration which must be prorated for
the period from the date the license is issued to the end of the biennium. Each
such license which has not been renewed in April of an odd-numbered year
expires on May 1 of that year. An expired license may be restored upon payment
of:
(a) The license fee; and
(b) A restoration fee established by the Board,
which must not be more than $50.
(Added to NRS by 1967, 800; A 1979, 93; 1991, 2196)
NRS 643.1715 Assignment or transfer of license prohibited. A license to operate a barbershop may not be:
1. Assigned from one person to any other
person; or
2. Transferred from one location to
another.
(Added to NRS by 1967, 800; A 1999, 2583)
NRS 643.1716 Compliance with provisions concerning sanitation and regulations
of Board. A person may not operate
any barbershop unless he or she complies with all the applicable requirements
of NRS 643.200 and the regulations adopted by the
Board.
(Added to NRS by 1967, 800; A 1999, 2583)
NRS 643.1717 Suspension or revocation of licenses.
1. The Board may immediately suspend a
license to operate a barbershop for violation of any of the applicable
provisions of this chapter or regulations adopted by the Board until the
violation is cured.
2. Except for immediate suspensions
authorized pursuant to subsection 1, the Board may suspend or revoke a license
to operate a barbershop for a violation of the provisions of this chapter or
any regulation adopted by the Board only in a manner consistent with the
provisions of chapter 622A of NRS.
3. When a license to operate a barbershop
has been suspended or revoked for a violation of the provisions of this chapter
or the sanitary requirements of the Board, the Board shall post a notice on the
shop stating the fact of suspension or revocation and the reason therefor.
(Added to NRS by 1967, 800; A 1979, 93; 2005, 800)
BARBER SCHOOLS
NRS 643.172 Operation of barber school without license unlawful. It is unlawful for any person to operate a
barber school unless the Board has issued a license to the person to operate
the barber school.
(Added to NRS by 1959, 323; A 1999, 2583)
NRS 643.173 Application for license; fee. An
applicant for a license to operate a barber school shall file an application
with the Board in such form as the Board may prescribe accompanied by the fee
required by this chapter.
(Added to NRS by 1959, 323)
NRS 643.174 Personal appearance of applicant before Board; required
information. Upon receipt of an
application to operate a barber school, the Board shall require the applicant,
if the applicant is a sole proprietor, or a member, partner or officer, if the
applicant is a firm, partnership or corporation, to appear personally before
the Board and submit information in such form as the Board may by regulation
prescribe showing:
1. The location of the proposed barber
school and its physical facilities and equipment;
2. The proposed maximum number of students
to be trained at any one time and the number of instructors to be provided;
3. The nature and terms of the applicant’s
right of possession of the proposed premises, whether by lease, ownership or
otherwise;
4. The financial ability of the applicant
to operate the barber school in accordance with the requirements of this
chapter and the regulations of the Board; and
5. Such other information as the Board
considers necessary.
(Added to NRS by 1959, 323; A 1999, 2583)
NRS 643.175 Fees; renewal of license.
1. The fee for a license to operate a
barber school, as provided in NRS 643.173, is $250.
The fee must be returned if the application is rejected.
2. The fee for the renewal of a license to
operate a barber school is $100.
3. Each license to operate a barber school
which has not been renewed during the month of April in any year expires on May
1 of that year.
(Added to NRS by 1959, 324; A 1999, 2583)
NRS 643.176 Regulations; continuing education.
1. The Board may adopt and enforce
reasonable regulations governing:
(a) The conduct of barber schools;
(b) The course of study of barber schools;
(c) The examination of instructors;
(d) The fee for the examination of instructors,
which may not exceed $75; and
(e) The fee for the issuance and renewal of an
instructor’s license.
2. The Board shall require, as a
prerequisite for the renewal of an instructor’s license, continuing education
in the form of seminars or other training.
(Added to NRS by 1959, 324; A 1987, 1390; 1999, 2584)
NRS 643.177 Conditions for operation of barber school: Signs; number of
instructors; restrictions; charge for barbering services. Any person who owns, manages, operates or
controls any barber school, or part thereof:
1. Shall:
(a) Display a sign that may be easily seen upon
entering the barber school on which is printed in bold letters “Work Performed
Exclusively by Students”;
(b) Have at least:
(1) One instructor on the premises of the
barber school at all times if the active enrollment of the school is 10
students or less;
(2) One additional instructor on the
premises of the barber school for each 10 students enrolled in the school in
excess of 10 students; and
(3) Two instructors available to provide
instruction at all times;
(c) Not allow a student to provide barbering
services to members of the general public for more than 7 hours in a day or for
more than 5 days in any 7-day period;
(d) Not advertise that the barber school will
charge for barbering services provided to members of the general public by
students unless those barbering services are specifically advertised as
services provided by students; and
(e) Comply with all other provisions of this
chapter relating to barber schools.
2. May charge for barbering services
provided to a member of the general public by a student if the student performs
those barbering services as part of the required course of study of the barber
school.
(Added to NRS by 1959, 324; A 1987, 1390; 1999, 2584; 2001, 972; 2007, 3073)
NRS 643.1775 Qualifications for license as instructor. The Board shall license any person as an
instructor who:
1. Has applied to the Board in writing on
the form prescribed by the Board;
2. Holds a high school diploma or its
equivalent;
3. Has paid the applicable fees;
4. Holds a license as a barber issued by
the Board;
5. Submits all information required to
complete the application;
6. Has practiced not less than 5 years as
a full-time licensed barber in this State, the District of Columbia or in any
other state or country whose requirements for licensing barbers are
substantially equivalent to those in this State;
7. Has successfully completed a training
program for instructors conducted by a licensed barber school which consists of
not less than 600 hours of instruction within a 6-month period; and
8. Has passed an examination for
instructors administered by the Board.
(Added to NRS by 1987, 1389; A 1999, 2584; 2005, 2771)
NRS 643.179 Notice and hearing.
1. The Board shall not refuse to issue or
renew any license to operate a barber school except upon 20 days’ notice in
writing to the interested parties.
2. The notice must contain a brief
statement of the reasons for the contemplated action of the Board and shall
designate a proper time and place for the hearing of all interested parties
before any final action is taken.
3. Due 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 person applying for the license or to
whom the license has already been issued.
(Added to NRS by 1959, 324; A 1987, 730; 2005, 800)
MISCELLANEOUS PROVISIONS
NRS 643.182 Board may require primary base of operation.
1. The Board may by regulation require a
licensed barber to maintain a barbershop licensed by the Board as his or her
primary base of operation for the performance of barbering services.
2. The provisions of this section do not
prevent a licensed barber who complies with regulations adopted pursuant to
subsection 1 from providing barbering services to customers away from his or
her shop as a matter of convenience to those customers.
(Added to NRS by 1981, 578; A 1999, 2585)
NRS 643.184 Authorized representative of Board may require certain persons
to provide identification. A
person who is required to display a license issued pursuant to the provisions
of this chapter shall, upon the request of an authorized representative of the
Board, provide to that representative identification in the form of a driver’s
license or identification card with a photograph that has been issued by a
state, the District of Columbia or the United States.
(Added to NRS by 1999, 2576)
NRS 643.185 Grounds for disciplinary action; orders imposing discipline
deemed public records.
1. The following are grounds for
disciplinary action by the Board:
(a) Violation by any person licensed pursuant to
the provisions of this chapter of any provision of this chapter or the
regulations adopted by the Board.
(b) Conviction of a felony relating to the
practice of barbers.
(c) Malpractice or incompetency.
(d) Continued practice by a person knowingly
having an infectious or contagious disease.
(e) Advertising, practicing or attempting to
practice under another’s name or trade name.
(f) Drunkenness or addiction to a controlled
substance.
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; and
(c) Impose a fine of not more than $1,000.
3. An order that imposes discipline and
the findings of fact and conclusions of law supporting that order are public
records.
(Added to NRS by 1987, 1615; A 1993, 890; 1999, 2585; 2003, 2718, 3462)
NRS 643.188 Suspension of license for failure to pay child support or comply
with certain subpoenas or warrants; reinstatement of license. [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 is
licensed as a barber, an apprentice or an instructor, the Board shall deem the
license 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 to the holder of the license by the district attorney or other public
agency pursuant to NRS 425.550 stating
that the holder of the license has complied with the subpoena or warrant or has
satisfied the arrearage pursuant to NRS
425.560.
2. The Board shall reinstate a license
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
was suspended stating that the person whose license was suspended has complied
with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
(Added to NRS by 1997, 2160; A 1999, 2585; 2005, 2807, 2809)
NRS 643.189 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 provisions of this section do not
prohibit the Board from communicating or cooperating with or providing 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, 3462; A 2005, 800; 2007, 2146)
PROHIBITED PRACTICES; REMEDIES; PENALTIES
NRS 643.190 Unlawful acts concerning practice of barbering. It is unlawful:
1. For any person to engage in the
practice of barbering or attempt to engage in the practice of barbering without
a license as a barber or an apprentice issued by the Board pursuant to this chapter.
2. For any owner or manager of any
barbershop to hire or employ a barber or an apprentice who does not have a
license issued by the Board pursuant to this chapter or whose barbershop does
not meet the sanitary requirements of the Board.
3. For any person to serve as an
apprentice under a licensed barber without a license as an apprentice issued by
the Board pursuant to this chapter.
4. For any person to operate a barbershop
unless the barbershop is at all times under the direct supervision and
management of a licensed barber.
5. For any person to hire or employ any
person to engage in the practice of barbering or attempt to engage in the
practice of barbering unless the person holds a license as a barber or an
apprentice issued by the Board pursuant to this chapter.
6. For any person licensed pursuant to chapter 644 of NRS or any other person to:
(a) Hold himself or herself out to the public,
solicit business or advertise as a licensed barber or as operating a licensed
barbershop;
(b) Use the title or designation “barber” or
“barbershop” under circumstances which would create or tend to create the
impression to members of the general public that the person is a licensed
barber or is operating a licensed barbershop; or
(c) Engage in any other act or practice which
would create or tend to create the impression to members of the general public
that the person is a licensed barber or is operating a licensed barbershop,
Ê unless the
person holds, as appropriate, a license as a barber or a license to operate a
barbershop issued by the Board pursuant to this chapter or the person is
operating a licensed cosmetological establishment that is leasing space to or
employing a licensed barber pursuant to NRS
644.360.
7. For any person licensed pursuant to chapter 644 of NRS or any other person to place
a barber pole in a location which would create or tend to create the impression
to members of the general public that a business located near the barber pole
is a barbershop unless the operator of the business holds a license to operate
a barbershop issued by the Board pursuant to this chapter or the business is a
licensed cosmetological establishment that is leasing space to or employing a
licensed barber pursuant to NRS 644.360.
As used in this subsection, “barber pole” means:
(a) A red and white striped vertical cylinder
with a ball located on top of the cylinder; or
(b) Any object of a similar nature, regardless of
its actual shape or coloring, which would create or tend to create the
impression to members of the general public that a business located near the
object is a barbershop.
[1:131:1929; A 1931, 349; 1937, 213; 1931 NCL §
760]—(NRS A 1999,
2586; 2005,
2638)
NRS 643.200 Unlawful acts concerning sanitation and operation of barbershop.
1. It shall be unlawful for any licensed
barber or apprentice:
(a) Knowingly to continue the practice of
barbering, or for any student knowingly to continue as a student in any barber
school while the person has an infectious, contagious or communicable disease.
(b) To use upon one patron a towel that has been
used upon another patron unless the towel has been relaundered.
(c) Not to provide the headrest on each chair
with a relaundered towel or a sheet of clean paper for each patron.
(d) Not to place around the patron’s neck a strip
of cotton, towel or neckband so that the hair cloth does not come in contact
with the neck or skin of the patron’s body.
(e) To use in the practice of barbering any
styptic pencils, finger bowls, sponges, lump alum or powder puffs. Possession
of a styptic pencil, finger bowl, sponge, lump alum or powder puff in a
barbershop is prima facie evidence that the item is being used therein in the
practice of barbering.
(f) To use on any patron any razors, scissors,
tweezers, combs, rubber discs or parts of vibrators used on another patron,
unless the items are kept in a closed compartment and immersed in boiling water
or in a solution of 2 percent carbolic acid, or its equivalent, before each
use.
2. It shall be unlawful to own, manage,
control or operate any barbershop unless:
(a) Continuously hot and cold running water is
provided.
(b) A recognized sign is displayed at the main
entrance to the shop indicating that it is a barbershop.
[Part 17b:131:1929; added 1931, 349; 1931 NCL §
776.02]—(NRS A 1959, 327; 1999, 2587)
NRS 643.203 Unlawful to engage in practice of barbering unless wearing clean
outer garments; regulations of Board.
1. It is unlawful for a person to engage
in the practice of barbering unless he or she is wearing clean outer garments
which are suitable to allow the safe and hygienic practice of barbering.
2. The Board shall adopt regulations which
prescribe standards for the garments required by subsection 1.
(Added to NRS by 1993, 2646)
NRS 643.205 Unlawful to instruct practice of barbering in barber school
without license. It is unlawful
for any person to instruct the practice of barbering in a barber school unless
the person is licensed by the Board to do so.
(Added to NRS by 1987, 1389; A 1999, 2587)
NRS 643.210 Penalties. Any
person violating any of the provisions of this chapter, unless by general law
otherwise provided, shall be guilty of a misdemeanor.
[18:131:1929; A 1931, 349; 1953, 317]—(NRS A 1967,
643)
NRS 643.220 Additional penalties for person who engages in certain
prohibited conduct; authority of Board to issue citations and orders to cease
and desist; administrative fines; appeals.
1. In addition to any other remedy or
penalty:
(a) The Board may issue a citation to a person
who has engaged in any act or practice which constitutes a violation of any
provision of NRS 643.190. 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 engaged in any
act or practice which constitutes a violation of any provision of NRS 643.190, 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
pursuant to this section, 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 2005, 2636)
NRS 643.230 Injunctions.
1. In addition to any other remedy or
penalty, if a person has engaged in any act or practice which constitutes a
violation of any provision of 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.
2. A proceeding under this section is
governed by Rule 65 of the
Nevada Rules of Civil Procedure.
(Added to NRS by 2005, 2636)
NRS 643.240 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, 2636)
