As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 644.0205
to 644.029 , 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 )
“Aesthetician” means any
person who engages in the practices of:
1. Beautifying, massaging, cleansing or stimulating the skin of
the human body, except the scalp, by the use of cosmetic preparations,
antiseptics, tonics, lotions or creams, or any device, electrical or
otherwise, for the care of the skin;
2. Applying cosmetics or eyelashes to any person, tinting
eyelashes and eyebrows, and lightening hair on the body except the scalp;
and
3. Removing superfluous hair from the body of any person by the
use of depilatories, waxing or tweezers,
Ê but does not include the branches of cosmetology of a cosmetologist,
hair designer, electrologist or manicurist.
(Added to NRS by 1981, 1346; A 1985, 1680, 1851; 1995, 461; 2001,
1191 )
“Board” means the State Board of
Cosmetology.
(Added to NRS by 1981, 1346)
“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 manicurists practice.
(Added to NRS by 1981, 1346; A 1987, 906)
“Cosmetologist” means a
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, 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.
4. 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 or tweezers, except for the permanent
removal of hair with needles.
5. Manicuring the nails of any person.
6. 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.
7. Giving facials or skin care or applying cosmetics or eyelashes
to any person.
(Added to NRS by 1981, 1346; A 1985, 1851; 1987, 1068; 1991, 2054;
2001, 1191 )
“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 )
“Cosmetology” includes the
occupations of a cosmetologist, aesthetician, electrologist, hair
designer, demonstrator of cosmetics and manicurist.
(Added to NRS by 1981, 1346; A 1985, 1852; 1995, 461; 2001, 1192
)
“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 )
“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)
“Electrologist’s apprentice” means a person engaged in learning the
occupation of an electrologist in a cosmetological establishment.
(Added to NRS by 1981, 1347)
“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)
“Manicurist” 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)
STATE BOARD OF COSMETOLOGY
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 manicurist,
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)
1. No person is eligible for appointment as a member of the Board:
(a) Who is not licensed as a manicurist, electrologist,
aesthetician or cosmetologist under the provisions of this chapter.
(b) Who is not, at the time of appointment, actually engaged in the
practice of his respective branch of cosmetology.
(c) Who is not at least 25 years of age.
(d) Who has not been a resident of this State for at least 3 years
immediately before his 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)
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 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 )
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)
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 $80 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)
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)
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 )
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 cosmetological establishments and schools of
cosmetology.
4. Report to the proper prosecuting officers all violations of
this chapter coming within its knowledge.
5. Inspect schools of cosmetology 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)
Any device
used in the practice of cosmetology must be approved by the Board.
(Added to NRS by 1985, 1680)
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]
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, except the scalp.
6. For governing the conduct of cosmetological establishments.
[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)
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 cosmetological establishments or
schools of cosmetology, or in the practice of a cosmetologist.
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, 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)
1. The Board shall keep a record containing the name, known place
of business, and the date and number of the license of every manicurist,
electrologist, aesthetician, hair designer, demonstrator of cosmetics and
cosmetologist, together with the names and addresses of all
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 )
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 )
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]
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)
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)
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 )
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 DESIGNERS, MANICURISTS, DEMONSTRATORS OF COSMETICS,
INSTRUCTORS AND APPRENTICES
1. It is unlawful for any person to conduct or operate a
cosmetological establishment, 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 he is licensed in accordance
with the provisions of this chapter.
2. Except as otherwise provided in subsection 4, 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 he 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 renders cosmetological
services only to persons who will appear in that motion picture,
television program, commercial or advertisement.
[Part 3:218:1931; A 1933, 237; 1937, 80; 1931 NCL § 1862.02]—(NRS A
1981, 1351; 1985, 1629, 1853; 1987, 1201; 1989, 1319, 2005; 1991, 2056;
1999, 1152 )
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 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 )
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
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 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 )
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
education;
(b) Has practiced as a full-time licensed cosmetologist, hair
designer, aesthetician or manicurist for 1 year and submits written
verification of his 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; 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 from 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 )
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 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 )
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 800 hours of training as an
instructor or 400 hours of training as a 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 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 )
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)
1. The Board shall admit to examination for a license as an
instructor in manicuring 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 250 hours of training as a provisional instructor in a
licensed school of cosmetology;
(e) Is licensed as a manicurist pursuant to this chapter; and
(f) Has practiced as a full-time licensed manicurist or as a
licensed student instructor for 1 year.
2. Except as otherwise provided in subsection 3, an instructor in
manicuring shall complete at least 30 hours of advanced training in a
course approved by the Board during each 2-year period of his license.
3. The provisions of subsection 2 do not apply to an instructor in
manicuring who is initially licensed not more than 6 months before the
renewal date of the license. An instructor in manicuring 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 )
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
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; 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 )
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. Has successfully completed the 10th grade in school or its
equivalent. Testing for equivalency must be pursuant to applicable state
or federal requirements.
4. 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 )
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. Has successfully completed the 12th grade in school or its
equivalent.
4. 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)
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. Has successfully completed the 10th grade in school or its
equivalent. Testing for equivalency must be pursuant to state or federal
requirements.
4. 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)
The
Board shall admit to examination for a license as a manicurist 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. Has successfully completed the 10th grade in school or its
equivalent.
4. Has had any one of the following:
(a) Practical training of at least 500 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 manicurist for 1 year outside
the State of Nevada.
(Added to NRS by 1960, 312; A 1963, 271; 1977, 164; 1981, 1353;
1985, 1630)
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. Has completed a course provided by the Board relating to
sanitation; and
4. Has received a score of not less than 75 percent on the
examination administered by the Board.
(Added to NRS by 2001, 1190 )
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. Has successfully completed the 10th grade in school or its
equivalent; and
4. Has received a minimum of 600 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)
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 )
Repealed. (See chapter 501, Statutes of Nevada 2005, at page
2818 .)
[Effective until the date of the repeal of
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 he 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 he 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 )
[Effective on the date of the repeal of 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 he 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 he 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, 2771 , 2772 , 2807 , 2808 , 2811 , effective on the date of the repeal of
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)
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)
1. The Board may issue a certificate of registration as a
cosmetologist’s apprentice to a person if:
(a) The person is a resident of a county whose population is less
than 50,000;
(b) The person is required to travel more than 60 miles from his
place of residence to attend a licensed school of cosmetology; and
(c) The training of the person as a cosmetologist’s apprentice will
be conducted at a licensed cosmetological establishment that is located
in such a county.
2. 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 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.
3. 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 )
1. A cosmetologist’s apprentice shall display the certificate of
registration issued to him by the Board in plain view of the public at
the position where he 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 his apprenticeship, a cosmetologist’s
apprentice must be regularly employed during his training by:
(a) The cosmetological establishment where he 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 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 )
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 manicurist, not less than $75 and not more
than $200.
(e) For examination as an aesthetician, not less than $75 and not
more than $200.
(f) For examination as an instructor of aestheticians, hair
designers, cosmetology or manicuring, not less than $75 and not more than
$200.
Ê The fee for each reexamination is not less than $75 and not more than
$200.
2. In addition to the fee for an application, the fee for
examination or reexamination as a demonstrator of cosmetics is $75.
3. Each applicant referred to in subsections 1 and 2 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 )
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)
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 )
Examinations
for licensure as a cosmetologist may include:
1. Practical demonstrations in shampooing the hair, hairdressing,
styling of hair, finger waving, coloring of hair, manicuring, cosmetics,
thermal curling, marcelling, facial massage, massage of the 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 )
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)
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)
The examination
for a license as a manicurist may include:
1. Practical demonstrations in manicuring, 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)
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 )
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 )
The Board shall issue a license
as a cosmetologist, aesthetician, electrologist, hair designer,
manicurist, demonstrator of cosmetics or instructor to each applicant who:
1. Passes a satisfactory examination, conducted by the Board to
determine his 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 )
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)
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)
1. The holder of a license issued by the Board to practice any
branch of cosmetology must display his current license in plain view of
the public at the position where he performs his work.
2. If a person practices cosmetology in more than one place, he
must carry his license with him and display it wherever he is actually
working.
[Part 18:218:1931; 1931 NCL § 1862.18]—(NRS A 1981, 1354; 1985,
1633; 1987, 1069; 1991, 2058)
1. A person licensed pursuant to this chapter shall obtain a
duplicate of that license if the:
(a) Original was destroyed, misplaced or mutilated; or
(b) Name or address of the licensee has changed.
2. To obtain a duplicate license a person must:
(a) File an affidavit with the Board, on the form prescribed by the
Board, which states that the original license was destroyed, misplaced or
mutilated or that his name or address has changed; and
(b) Pay a fee of $25.
(Added to NRS by 1981, 1348; A 1985, 1633; 1991, 2058; 2005, 2642
)
Every
licensed manicurist, electrologist, aesthetician, hair designer,
demonstrator of cosmetics or cosmetologist shall, within 30 days after
changing his place of business, as designated in the records of the
Board, notify the Secretary of the Board of his 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 )
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. 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 is licensed.
4. 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 )
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 )
1. The license of every cosmetologist, aesthetician,
electrologist, hair designer, manicurist, demonstrator of cosmetics and
instructor expires on July 1 of the next succeeding odd-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 issued for less than 1 1/2 years.
[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 )
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 manicurists, electrologists, aestheticians, hair designers,
demonstrators of cosmetics and cosmetologists, not less than $50 and not
more than $100.
(b) For instructors, not less than $60 and not more than $100.
(c) For cosmetological establishments, not less than $100 and not
more than $200.
(d) 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 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, aesthetician, electrologist, manicurist, 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.
(Added to NRS by 1985, 1850; A 1987, 1070; 1991, 2059; 1995, 462;
1997, 2162; 2001, 1194 ; 2005, 2643 , 2773 , 2807 )
1. A manicurist, electrologist, aesthetician, hair designer,
cosmetologist, demonstrator of cosmetics or instructor whose license has
expired may have his license renewed only upon payment of all required
fees and submission of all information required to complete the renewal.
2. Any manicurist, electrologist, aesthetician, hair designer,
cosmetologist, demonstrator of cosmetics or instructor who retires from
practice for more than 1 year may have his license restored only upon
payment of all required fees and submission of all information required
to complete the restoration.
3. No manicurist, electrologist, aesthetician, hair designer,
cosmetologist, demonstrator of cosmetics or instructor who has retired
from practice for more than 4 years may have his 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 )
COSMETOLOGICAL ESTABLISHMENTS
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 )
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)
1. The license of every cosmetological establishment expires on
July 1 of the next succeeding odd-numbered year.
2. If a cosmetological establishment fails to pay the required fee
by October 1 of the year in which renewal of the license is required, 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)
1. Every holder of a license issued by the Board to operate a
cosmetological establishment shall display 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
manicurists, electrologists, aestheticians, hair designers, demonstrators
of cosmetics and cosmetologists at his 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 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 business or profession and remains subject to the laws and
regulations of this State applicable to his business or profession.
3. The operator of a cosmetological establishment may lease space
at his cosmetological establishment to a provider of health care for the
purpose of providing health care within the scope of his 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 business
or profession and remains subject to the laws and regulations of this
State applicable to his business or profession.
4. As used in this section:
(a) “Provider of health care” means a person who 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 )
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)
A cosmetological establishment must, at all times, be under the
immediate supervision of a licensed manicurist, electrologist,
aesthetician, hair designer or cosmetologist.
[Part 17:218:1931; A 1933, 237; 1953, 150]—(NRS A 1981, 1356; 1985,
1859; 1995, 463)
Food or beverages for
immediate consumption may be sold in a cosmetological establishment.
(Added to NRS by 2001, 1191 ; A 2003, 2533 )
SCHOOLS OF COSMETOLOGY
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; and
(f) 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) 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 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.
5. 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 )
1. The owner of each school of cosmetology shall post with the
Board a surety bond executed by the applicant as principal and by a
surety company as surety. If the license for the school was issued:
(a) On or before June 30, 2005, the bond must be in the amount of
$10,000; or
(b) On or after July 1, 2005, except as otherwise provided in
subsections 6 and 7, the bond must be in the amount determined by the
Board pursuant to subsections 2 to 5, inclusive.
2. The amount of the bond required for a school of cosmetology
pursuant to paragraph (b) of subsection 1 is the total of the amounts of
the bonds for all of the programs offered by the school, except that:
(a) The total amount determined pursuant to subsections 3, 4 and 5
must be rounded down to the nearest $5,000; and
(b) The amount of the bond required for the school must not be less
than $10,000 or more than $400,000.
3. Except as otherwise provided in subsection 4, the amount of the
bond for a program at a school of cosmetology is equal to the cost to be
paid by a student for the program multiplied by the number of students
who will enroll in the program each year.
4. If the length of a program at a school of cosmetology is less
than 1 year, the amount of the bond for that program is equal to the
amount determined pursuant to subsection 3 divided by 52 and multiplied
by the number of whole or partial weeks in the program.
5. Except as otherwise provided in subsection 2, the amount of the
bond required for a school of cosmetology pursuant to paragraph (b) of
subsection 1 must be reduced to 12 percent of the total of the amounts
calculated pursuant to subsections 3 and 4 if the school participates in:
(a) Any program of student assistance pursuant to Title IV of the
Higher Education Act of 1965, as amended, 20 U.S.C. §§ 1070 et. seq.; or
(b) Any other program administered by the United States Department
of Education through which students at the school receive loans.
6. If a school of cosmetology has been licensed for not less than
5 years, the Board shall set the amount of the bond required pursuant to
paragraph (b) of subsection 1 for the school:
(a) In the amount of $10,000, if the Board did not receive any
valid complaints against the school during the immediately preceding 5
years;
(b) In an amount not less than $10,000 and not more than the amount
calculated pursuant to subsections 2 to 5, inclusive, if the Board
received one or more valid complaints against the school during the
immediately preceding 5 years and the Board determines that each such
complaint was a complaint of a minor violation of the provisions of this
chapter or of any regulations adopted pursuant to this chapter; and
(c) In the amount calculated pursuant to subsections 2 to 5,
inclusive, if the Board received one or more valid complaints against the
school during the immediately preceding 5 years and the Board determines
that any such complaint was a complaint of a major violation of the
provisions of this chapter or any regulations adopted pursuant thereto.
7. The bond required for a school of cosmetology must be in the
amount of $10,000 if the school:
(a) Is initially licensed on or before June 30, 2005;
(b) Has been continuously licensed since June 30, 2005; and
(c) Is relocated and obtains a license for the new location on or
after July 1, 2005.
8. The bond must be in the form approved by the Board and must be
conditioned upon compliance with the provisions of this chapter and upon
faithful compliance with the terms and conditions of any contracts,
verbal or written, made by the school to furnish instruction to any
person. The bond must be to the State of Nevada in favor of every person
who pays or deposits money with the school as payment for instruction. A
bond continues in effect until notice of termination is given by
registered or certified mail to the Board, and every bond must set forth
this fact.
9. A person claiming to be injured or damaged by an act of the
school may maintain an action in any court of competent jurisdiction on
the bond against the school and the surety named therein, or either of
them, for refund of tuition paid. Any judgment against the principal or
surety in any such action must include the costs thereof and those
incident to the bringing of the action, including a reasonable attorney’s
fee. The aggregate liability of the surety to all such persons may not
exceed the sum of the bond.
10. The Board shall adopt regulations defining the terms “minor
violation” and “major violation” for the purposes of subsection 6.
(Added to NRS by 1960, 316; A 1969, 95; 1981, 1357; 1985, 1635;
1987, 1204; 2005, 2856 )
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)
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)
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 )
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)
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 )
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 man 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)
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)
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 manicurist 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 120
hours.
(Added to NRS by 1981, 1348; A 1985, 1636; 1991, 2061; 1995, 463;
2005, 2646 , 2859 )
Every holder of a license issued
by the Board to operate a school of cosmetology shall display 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]
DEMONSTRATIONS
Repealed. (See chapter 495, Statutes of Nevada 2005, at page 2647 and chapter 506, Statutes of Nevada 2005,
at page 2859 .)
DISCIPLINARY ACTIONS
1. The following are grounds for disciplinary action by the Board:
(a) Failure of an owner of a cosmetological establishment, a
licensed aesthetician, cosmetologist, hair designer, electrologist,
instructor, manicurist, 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 as provided in NRS 644.290
, 644.360 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 )
[Expires by limitation 2 years
after the date of the repeal of 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 )
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 )
Repealed. (See chapter 225, Statutes of Nevada 2005, at page 807 .)
1. Except as otherwise provided in this section, 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, 3463 ; A 2005, 801 )
[Replaced in revision by NRS 644.500
.]
APPLICABILITY OF CHAPTER
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
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
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)
1. It is unlawful for a person to engage in the practice of any
branch of cosmetology unless he 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)
1. Except as otherwise provided in subsection 2, it is unlawful
for any animal to be on the premises of a licensed cosmetological
establishment.
2. An aquarium may be maintained on the premises of a licensed
cosmetological establishment.
(Added to NRS by 1985, 1627; A 1989, 2005)
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 )
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)
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)
Repealed. (See chapter 495,
Statutes of Nevada 2005, at page 2647 and chapter 506, Statutes of Nevada 2005,
at page 2859 .)
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)
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 )
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)
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 )
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