USA Statutes : nevada
Title : Title 54 - PROFESSIONS, OCCUPATIONS AND BUSINESSES
Chapter : CHAPTER 643 - BARBERS AND BARBERING
As used in this chapter, unless the
context otherwise requires:
1. “Barber school” includes a school of barbering, college of
barbering and any other place or institution of instruction training
persons to engage in the practice of barbering.
2. “Barbershop” means any establishment or place of business where
the practice of barbering is engaged in or carried on.
3. “Board” means the State Barbers’ Health and Sanitation Board.
4. “Instructor” means any person who is licensed by the Board
pursuant to the provisions of this chapter to instruct the practice of
barbering in a barber school.
5. “Licensed apprentice” means a person who is licensed to engage
in the practice of barbering as an apprentice pursuant to the provisions
of this chapter.
6. “Licensed barber” means a person who is licensed to engage in
the practice of barbering pursuant to the provisions of this chapter.
7. “Practice of barbering” means any of the following practices
for cosmetic purposes:
(a) Shaving or trimming the beard, cutting or trimming the hair, or
hair weaving.
(b) Giving massages of the face or scalp or treatments with oils,
creams, lotions or other preparations, by hand or mechanical appliances.
(c) Singeing, shampooing or dyeing the hair, or applying hair
tonics.
(d) Applying cosmetic preparations, antiseptics, powders, oils or
lotions to the scalp, face or neck.
(e) Arranging, fitting, cutting, styling, cleaning, coloring or
dyeing a hairpiece or wig, whether made of human hair or synthetic
material. This does not restrict any establishment from setting or
styling a hairpiece or wig in preparation for retail sale.
8. “Student” means a person receiving instruction in a barber
school.
[Part 2:131:1929; A 1937, 213; 1931 NCL § 761]—(NRS A 1959, 324;
1971, 50; 1987, 1389; 1999, 2577 )
This chapter does not apply
to:
1. A person licensed pursuant to chapter 644 of NRS, unless the person has engaged in any act or
practice which constitutes a violation of subsection 6 or 7 of NRS
643.190 .
2. Embalmers or undertakers in cutting the hair or trimming the
beard of any deceased person in preparation for burial or cremation.
3. A prisoner who cuts hair in the city or county jail, state
prison, or other detention or correctional facility in which he is
incarcerated.
[3 1/2:131:1929; added 1937, 213; 1931 NCL § 761] + [Part
2:131:1929; A 1937, 213; 1931 NCL § 761] + [19:131:1929; NCL § 778]—(NRS
A 1969, 1164; 1987, 730; 1999, 2577 ; 2005, 2636 )
STATE BARBERS’ HEALTH AND SANITATION BOARD
1. The State Barbers’ Health and Sanitation Board, consisting of
four members, is hereby created.
2. The Board consists of the State Health Officer, or a member of
his staff designated by the State Health Officer, and three members who
are licensed barbers appointed by the Governor. Of the barbers, one
barber must be from Clark County, one barber must be from Washoe County
and one barber must be from any county in the State. Each of the barbers
must have been a resident of this State and a practicing licensed barber
for at least 5 years immediately before his appointment.
3. The Governor may remove a member of the Board for cause.
[Part 3:131:1929; A 1947, 731; 1943 NCL § 762]—(NRS A 1967, 801;
1981, 70; 1987, 903; 1999, 2577 )
1. The Board shall elect a President. No person may serve as
President for more than 4 consecutive years.
2. The Board shall elect a Vice President.
3. The Board shall elect a Secretary-Treasurer, who may or may not
be a member of the Board. The Board shall fix the salary of the
Secretary-Treasurer, which must not exceed the sum of $3,600 per year.
4. Each officer and member of the Board is entitled to receive:
(a) A salary of not more than $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.
5. While engaged in the business of the Board, each employee of
the Board is entitled to receive a per diem allowance and travel expenses
at a rate fixed by the Board. The rate must not exceed the rate provided
for state officers and employees generally.
6. The Secretary-Treasurer shall:
(a) Keep a record of all proceedings of the Board.
(b) Give to this State a bond in the sum of $3,000, with sufficient
sureties, for the faithful performance of his duties. The bond must be
approved by the Board.
[Part 4:131:1929; A 1931, 349; 1939, 307; 1947, 731; 1953, 317] +
[Part 3:131:1929; A 1947, 731; 1943 NCL § 762] + [Part 17a:131:1929;
added 1931, 349; 1931 NCL § 776.01]—(NRS A 1957, 734; 1963, 159; 1975,
306; 1979, 92; 1981, 1995; 1989, 1704; 1999, 2578 )
1. Regular meetings of the Board shall be held every 3 months.
2. A majority of the Board in meeting duly assembled may perform
and exercise all the duties and powers devolving upon the Board.
3. The Board shall adopt and use a common seal for the
authentication of its orders and records.
4. The Board shall be furnished with suitable quarters.
[Part 4:131:1929; A 1931, 349; 1939, 307; 1947, 731; 1953, 317] +
[Part 17a:131:1929; added 1931, 349; 1931 NCL § 776.01]
1. The Board may:
(a) Maintain offices in as many locations in this State as it finds
necessary to carry out the provisions of this chapter.
(b) Employ attorneys, investigators and other professional
consultants and clerical personnel necessary to the discharge of its
duties.
(c) Adopt regulations necessary to carry out the provisions of this
chapter.
2. The Board shall prescribe, by regulation, sanitary requirements
for barbershops and barber schools.
3. Any member of the Board or its agents or assistants may enter
and inspect any barbershop or barber school at any time during business
hours or at any time when the practice of barbering or instruction in
that practice is being carried on.
4. The Board shall keep a record of its proceedings relating to
the issuance, refusal, renewal, suspension and revocation of licenses.
The record must contain the name, place of business and residence of each
licensed barber, licensed apprentice and instructor, and the date and
number of his license. The record must be open to public inspection at
all reasonable times.
5. The Board may approve and, by official order, establish the
days and hours when barbershops may remain open for business whenever
agreements fixing such opening and closing hours have been signed and
submitted to the Board by any organized and representative group of
licensed barbers of at least 70 percent of the licensed barbers of any
county. The Board may investigate the reasonableness and propriety of the
hours fixed by such an agreement, as is conferred by the provisions of
this chapter, and the Board may fix hours for any portion of a county.
6. The Board may adopt regulations governing the conduct of barber
schools and the course of study of barber schools.
[Part 4:131:1929; A 1931, 349; 1939, 307; 1947, 731; 1953, 317] +
[Part 17b:131:1929; added 1931, 349; 1931 NCL § 776.02]—(NRS A 1957, 734;
1959, 325; 1963, 159; 1999, 2578 )
The Board shall operate on the basis of
a fiscal year commencing on July 1 and terminating on June 30.
(Added to NRS by 1963, 159)
1. Except as otherwise provided in subsection 3, money received by
the Board under this chapter must be paid to the Secretary-Treasurer of
the Board, who shall deposit the money in banks, credit unions or savings
and loan associations in the State of Nevada and give a receipt for it.
2. The money must be expended in accordance with the provisions of
this chapter for all necessary and proper expenses in carrying out the
provisions of this chapter and upon proper claims approved by the Board.
3. The Board shall deposit the money collected from the imposition
of fines with the State Treasurer for credit to the State General Fund,
and may present a claim to the State Board of Examiners for
recommendation to the Interim Finance Committee if money is needed to pay
an attorney’s fees or the costs of an investigation, or both.
[16:131:1929; A 1931, 349; 1931 NCL § 775]—(NRS A 1963, 160; 1965,
62; 1987, 1615; 1999, 1537 )
BARBERS AND APPRENTICES
Any person is
qualified to receive a license as a barber:
1. Who is qualified under the provisions of NRS 643.085 .
2. Who is at least 18 years of age.
3. Who is of good moral character and temperate habits.
4. Who has:
(a) Practiced as a licensed apprentice for a period of 18 months
under the immediate personal supervision of a licensed barber; or
(b) Complied with the requirements of NRS 643.085 .
5. Who has passed an examination conducted by the Board to
determine his fitness to practice as a licensed barber.
6. Who has had a chest X ray, the results of which indicate he is
not tuberculous, and a blood test, the results of which indicate he is
not a carrier of communicable diseases.
[Part 5:131:1929; A 1931, 349; 1931 NCL § 764]—(NRS A 1957, 735;
1959, 325; 1987, 905; 1999, 2579 )
Any person
is qualified to receive a license as an apprentice:
1. Who is at least 16 1/2 years of age.
2. Who is of good moral character and temperate habits.
3. Who has graduated from a school of barbering approved by the
Board.
4. Who has passed an examination conducted by the Board to
determine his fitness to practice as a licensed apprentice.
5. Who has had a chest X ray, the results of which indicate he is
not tuberculous, and a blood test, the results of which indicate he is
not a carrier of communicable diseases.
[Part 6:131:1929; A 1931, 349; 1947, 731; 1943 NCL § 765]—(NRS A
1957, 735; 1959, 326; 1999, 2579 )
A person who:
1. Is licensed pursuant to the provisions of chapter 644 of NRS; and
2. Has completed 400 hours of specialized training at a barber
school approved by the Board,
Ê may take the examination for a license as a barber without being
licensed as an apprentice.
(Added to NRS by 1987, 905; A 1999, 2579 )
1. Each applicant for a license as a barber or an apprentice must
file an application verified by him for an examination before the Board.
2. The application must be in a form prescribed by the Board.
3. Each application must be accompanied by the fees prescribed by
subsection 4.
4. The Board shall annually fix the examination fees, which must
not be more than $100.
5. Each applicant must, at the time of filing the application,
file a certificate signed by a licensed physician certifying that the
applicant is free from tuberculosis and other communicable diseases.
6. Each applicant must submit all information required to complete
the application.
[Part 4:131:1929; A 1931, 349; 1939, 307; 1947, 731; 1953, 317] +
[Part 5:131:1929; A 1931, 349; 1931 NCL § 764]—(NRS A 1957, 735; 1969,
708; 1991, 2195; 1997, 2160; 1999, 2580 ; 2005, 2769 , 2807 )
[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 as a barber, an
apprentice or an instructor shall include the social security number of
the applicant in the application submitted to the Board.
(b) An applicant for the issuance or renewal of a license as a
barber, an apprentice or an instructor must submit to the Board the
statement prescribed by the Division of Welfare and Supportive Services
of the Department of Health and Human Services pursuant to NRS 425.520
. The statement must be completed and
signed by the applicant.
2. The Board shall include the statement required pursuant to
subsection 1 in:
(a) The application or any other forms that must be submitted for
the issuance or renewal of the license; or
(b) A separate form prescribed by the Board.
3. A license as a barber, an apprentice or an instructor may not
be issued or renewed by the Board if the applicant:
(a) Fails to submit the statement required pursuant to subsection
1; or
(b) Indicates on the statement submitted pursuant to subsection 1
that 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, 2159; A 1999, 2580 ; 2005, 2769 , 2807 , 2809 )
[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 as a
barber, an apprentice or an instructor must submit to the Board the
statement prescribed by the Division of Welfare and Supportive Services
of the Department of Health and Human Services pursuant to NRS 425.520
. The statement must be completed and
signed by the applicant.
2. The Board shall include the statement required pursuant to
subsection 1 in:
(a) The application or any other forms that must be submitted for
the issuance or renewal of the license; or
(b) A separate form prescribed by the Board.
3. A license as a barber, an apprentice or an instructor may not
be issued or renewed by the Board if the applicant:
(a) Fails to submit the statement required pursuant to subsection
1; or
(b) Indicates on the statement submitted pursuant to subsection 1
that 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, 2159; A 1999, 2580 ; 2005, 2769 , 2770 , 2807 , 2809 , 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)
1. Not less than three times each year, at such times and places
as it determines, the Board shall conduct examinations to determine the
fitness of each of the following:
(a) Applicants for licenses as barbers.
(b) Applicants for licenses as apprentices.
(c) Applicants to enter barber schools.
2. The examination of applicants for licenses as barbers and
apprentices must include a practical demonstration and a written and oral
test that must include the subjects usually taught in barber schools
approved by the Board.
[Part 6:131:1929; A 1931, 349; 1947, 731; 1943 NCL § 765]—(NRS A
1999, 2580 )
1. An applicant for a license pursuant to the provisions of this
chapter who, without good cause, fails to appear for an examination of
the Board after notification by the Board of his eligibility to take the
examination:
(a) Is not entitled to receive a refund of the fee for that
examination; and
(b) Must reapply to take the examination by filing a new
application and paying the fee for the examination.
2. The Board shall, by regulation, define “good cause” for the
purposes of this section.
(Added to NRS by 1999, 2576 )
1. Except as otherwise provided in subsection 2, an applicant for
a license as a barber who fails to pass the examination conducted by the
Board must continue to practice as a licensed apprentice for an
additional 3 months before he may retake the examination for a license as
a barber.
2. An applicant for a license as a barber who is a cosmetologist
licensed pursuant to the provisions of chapter 644 of NRS and who fails to pass the examination
conducted by the Board must complete further study as prescribed by the
Board, not exceeding 250 hours, in a barber school approved by the Board
before he may retake the examination for a license as a barber.
3. An applicant for a license as an apprentice who fails to pass
the examination provided for in NRS 643.080 must complete further study as prescribed by
the Board in a barber school approved by the Board before he may retake
the examination for a license as an apprentice.
4. An applicant for a license as an instructor who fails to pass
the examination provided for in NRS 643.1775 must complete further study prescribed by the
Board, not to exceed 250 hours, in a barber school approved by the Board
before he may retake the examination for a license as an instructor.
[Part 5:131:1929; A 1931, 349; 1931 NCL § 764] + [Part 6:131:1929;
A 1931, 349; 1947, 731; 1943 NCL § 765]—(NRS A 1959, 326; 1987, 905;
1999, 2581 )
Except as otherwise provided in NRS 643.130 , any person who has a license or certificate
as a barber or an apprentice from another state, the District of Columbia
or a country which has substantially the same requirements for licensing
barbers and apprentices as are required by the provisions of this chapter
must be admitted to practice as a licensed barber or apprentice pursuant
to the regulations adopted by the Board.
[Part 8:131:1929; NCL § 767]—(NRS A 1999, 2581 ; 2005, 2637 )
1. A license as a barber or an apprentice must be issued by the
Board to any applicant who:
(a) Passes an examination as provided for in NRS 643.070 and 643.080 ;
(b) Possesses the other qualifications required by the provisions
of this chapter;
(c) Complies with the requirements set forth in the regulations of
the Board; and
(d) Submits all information required to complete an application for
a license.
2. A person who has a license or certificate as a barber from
another state or the District of Columbia, who has applied for an
examination before the Board and who meets the qualifications set forth
in NRS 643.070 , except subsection 5
thereof, is temporarily exempt from licensure and may engage in the
practice of barbering during the period of the temporary exemption if:
(a) The person has submitted a completed application for licensure
for the first time and the application has been approved by the Board;
(b) The Board has approved the person to sit for the examination
required pursuant to NRS 643.100 ;
(c) The person has not previously failed an examination for
licensure as a barber;
(d) The person engages in the practice of barbering under the
supervision of a barber licensed pursuant to this chapter and in
accordance with the provisions of this chapter and the regulations of the
Board; and
(e) The person complies with any other requirements of the Board to
engage in the practice of barbering during the period of the temporary
exemption.
3. The temporary exemption authorized pursuant to subsection 2
begins on the date on which the Board notifies the person that he may
engage in the practice of barbering under the temporary exemption and
continues until the date of the examination if the person does not take
the examination or until the date on which the Board notifies the person
of the results of the examination. During the period of the temporary
exemption, the person is subject to the regulatory and disciplinary
authority of the Board to the same extent as a licensed barber.
[Part 4:131:1929; A 1931, 349; 1939, 307; 1947, 731; 1953, 317] +
[7:131:1929; NCL § 766]—(NRS A 1959, 326; 1997, 2160; 1999, 2581 ; 2005, 2637 , 2771 , 2807 )
1. Each licensed barber and each licensed apprentice who continues
in active practice or service shall biennially, on or before April 1 of
each even-numbered year, renew his license and pay the required fee. The
Board shall fix the fee for renewal of a license, which must not be more
than $60. All information required to complete the renewal must be
submitted with the fee. Every license which has not been renewed before
May 1 of an even-numbered year expires on that date.
2. A licensed barber or a licensed apprentice whose license has
expired may have his license restored immediately upon payment of the
required restoration fee and submission of all required information at
any time within 2 years after the expiration of his license. The Board
shall fix the restoration fee, which must not be more than $120.
[Part 4:131:1929; A 1931, 349; 1939, 307; 1947, 731; 1953, 317] +
[11:131:1929; A 1953, 317]—(NRS A 1957, 736; 1959, 326; 1965, 63; 1979,
92; 1983, 674; 1991, 2196; 1997, 2161; 1999, 2582 ; 2005, 2771 , 2807 )
1. Each licensed barber and licensed apprentice shall display his
license in a conspicuous place adjacent to or near his work chair.
2. A copy of the regulations adopted by the Board must be:
(a) Provided to the owner or manager of each barbershop or barber
school; and
(b) Displayed in a conspicuous place in the barbershop or barber
school.
[Part 8:131:1929; NCL § 767] + [10:131:1929; NCL § 769]—(NRS A
1999, 2582 )
1. The Board shall not refuse to issue or renew any license,
unless:
(a) Before taking that action the Board gives written notice
thereof to the accused stating the specific reason for its adverse
action; and
(b) The accused is granted the opportunity to appear before the
Board for a hearing within 20 days after the date of the notice.
2. The Board may:
(a) Summon witnesses.
(b) Require the production of books, records and papers for the
hearing.
3. Subpoenas must be issued by the Secretary-Treasurer of the
Board directed to the sheriff of the proper county to be served and
returned in the same manner as subpoenas in criminal cases. The fees and
mileage of the sheriff and witnesses must be the same as is allowed in
criminal cases and must be paid from the money of the Board as other
expenses of the Board are paid.
4. If the accused prevails at the hearing, the Board shall grant
him the proper relief without delay.
5. Any investigation, inquiry or hearing thus authorized may be
entertained or held by or before a member or members of the Board, and
the finding or order of the member or members, when approved and
confirmed by the Board, shall be deemed the finding or order of the Board.
[14:131:1929; A 1931, 349; 1953, 317]—(NRS A 1981, 102; 1987, 1616;
1999, 2582 ; 2005, 799 )
LICENSING OF BARBERSHOPS
No person may
operate a barbershop unless the Board has issued a license to operate a
barbershop to that person.
(Added to NRS by 1967, 800; A 1999, 2583 )
An applicant for a
license to operate a barbershop shall file an application with the Board
on forms prescribed by the Board accompanied by the fee specified in NRS
643.1714 .
(Added to NRS by 1967, 800)
The Board shall
issue a license to operate an existing barbershop upon receipt of such
application and fee if the applicant complies with the applicable
provisions of this chapter.
(Added to NRS by 1967, 800)
1. An applicant for a license to operate a new barbershop shall
submit his application and an inspection fee to the Secretary of the
Board.
2. A member of the Board shall then, within 6 days, inspect such
shop and issue a temporary license to the applicant which is valid for 20
days if such applicant complies with the applicable provisions of this
chapter and the regulations adopted by the Board.
3. The Board shall issue a regular license to the applicant before
the expiration of such 20-day period.
(Added to NRS by 1967, 800)
1. The Board shall establish the fee for an inspection, which must
not be more than $50. The fee for a license to operate a barbershop or
for the renewal of the license must not be more than $50.
2. Each license to operate a barbershop must be renewed
biennially, during April of each odd-numbered year. Each licensee shall
pay the biennial fee for registration which must be prorated for the
period from the date the license is issued to the end of the biennium.
Each such license which has not been renewed in April of an odd-numbered
year expires on May 1 of that year. An expired license may be restored
upon payment of:
(a) The license fee; and
(b) A restoration fee established by the Board, which must not be
more than $50.
(Added to NRS by 1967, 800; A 1979, 93; 1991, 2196)
A
license to operate a barbershop may not be:
1. Assigned from one person to any other person; or
2. Transferred from one location to another.
(Added to NRS by 1967, 800; A 1999, 2583 )
A person may not operate any barbershop unless he
complies with all the applicable requirements of NRS 643.200 and the regulations adopted by the Board.
(Added to NRS by 1967, 800; A 1999, 2583 )
1. The Board may immediately suspend a license to operate a
barbershop for violation of any of the applicable provisions of this
chapter or regulations adopted by the Board until the violation is cured.
2. Except for immediate suspensions authorized pursuant to
subsection 1, the Board may suspend or revoke a license to operate a
barbershop for a violation of the provisions of this chapter or any
regulation adopted by the Board only in a manner consistent with the
provisions of chapter 622A of NRS.
3. When a license to operate a barbershop has been suspended or
revoked for a violation of the provisions of this chapter or the sanitary
requirements of the Board, the Board shall post a notice on the shop
stating the fact of suspension or revocation and the reason therefor.
(Added to NRS by 1967, 800; A 1979, 93; 2005, 800 )
BARBER SCHOOLS
It is unlawful for any person to operate a barber school unless the
Board has issued a license to the person to operate the barber school.
(Added to NRS by 1959, 323; A 1999, 2583 )
An applicant for a
license to operate a barber school shall file an application with the
Board in such form as the Board may prescribe accompanied by the fee
required by this chapter.
(Added to NRS by 1959, 323)
Upon receipt of an application to operate a barber
school, the Board shall require the applicant, if the applicant is a sole
proprietor, or a member, partner or officer, if the applicant is a firm,
partnership or corporation, to appear personally before the Board and
submit information in such form as the Board may by regulation prescribe
showing:
1. The location of the proposed barber school and its physical
facilities and equipment;
2. The proposed maximum number of students to be trained at any
one time and the number of instructors to be provided;
3. The nature and terms of the applicant’s right of possession of
the proposed premises, whether by lease, ownership or otherwise;
4. The financial ability of the applicant to operate the barber
school in accordance with the requirements of this chapter and the
regulations of the Board; and
5. Such other information as the Board considers necessary.
(Added to NRS by 1959, 323; A 1999, 2583 )
1. The fee for a license to operate a barber school, as provided
in NRS 643.173 , is $250. The fee must
be returned if the application is rejected.
2. The fee for the renewal of a license to operate a barber school
is $100.
3. Each license to operate a barber school which has not been
renewed during the month of April in any year expires on May 1 of that
year.
(Added to NRS by 1959, 324; A 1999, 2583 )
1. The Board may adopt and enforce reasonable regulations
governing:
(a) The conduct of barber schools;
(b) The course of study of barber schools;
(c) The examination of instructors;
(d) The fee for the examination of instructors, which may not
exceed $75; and
(e) The fee for the issuance and renewal of an instructor’s license.
2. The Board shall require, as a prerequisite for the renewal of
an instructor’s license, continuing education in the form of seminars or
other training.
(Added to NRS by 1959, 324; A 1987, 1390; 1999, 2584 )
Any
person who owns, manages, operates or controls any barber school, or part
thereof:
1. Shall:
(a) Display a sign that may be easily seen upon entering the barber
school on which is printed in bold letters “Work Performed Exclusively by
Students”;
(b) Have at least:
(1) One instructor on the premises of the barber school at
all times if the active enrollment of the school is 10 students or less;
(2) One additional instructor on the premises of the barber
school for each 10 students enrolled in the school in excess of 10
students; and
(3) Two instructors available to provide instruction at all
times;
(c) Not allow a student to provide barbering services to members of
the general public for more than 7 hours in a day or for more than 5 days
in any 7-day period;
(d) Not advertise that the barber school will charge for barbering
services provided to members of the general public by students unless
those barbering services are specifically advertised as services provided
by students; and
(e) Comply with all other provisions of this chapter relating to
barber schools.
2. May charge for barbering services provided to a member of the
general public by a student if the student performs those barbering
services as part of the required course of study of the barber school.
(Added to NRS by 1959, 324; A 1987, 1390; 1999, 2584 ; 2001, 972 )
The Board
shall license any person as an instructor who:
1. Has applied to the Board in writing on the form prescribed by
the Board;
2. Holds a high school diploma or its equivalent;
3. Has paid the applicable fees;
4. Holds a license as a barber issued by the Board;
5. Submits all information required to complete the application;
6. Has practiced not less than 5 years as a full-time licensed
barber in this State, the District of Columbia or in any other state or
country whose requirements for licensing barbers are substantially
equivalent to those in this State;
7. Has successfully completed a training program for instructors
conducted by a licensed barber school which consists of not less than 600
hours of instruction within a 6-month period; and
8. Has passed an examination for instructors administered by the
Board.
(Added to NRS by 1987, 1389; A 1999, 2584 ; 2005, 2771 )
1. The Board shall not refuse to issue or renew any license to
operate a barber school except upon 20 days’ notice in writing to the
interested parties.
2. The notice must contain a brief statement of the reasons for
the contemplated action of the Board and shall designate a proper time
and place for the hearing of all interested parties before any final
action is taken.
3. Due notice, within the provisions of subsection 1, shall be
deemed to have been given when the Board deposits with the United States
Postal Service a copy of the notice, addressed to the designated or last
known residence of the person applying for the license or to whom the
license has already been issued.
(Added to NRS by 1959, 324; A 1987, 730; 2005, 800 )
MISCELLANEOUS PROVISIONS
1. The Board may by regulation require a licensed barber to
maintain a barbershop licensed by the Board as his primary base of
operation for the performance of barbering services.
2. The provisions of this section do not prevent a licensed barber
who complies with regulations adopted pursuant to subsection 1 from
providing barbering services to customers away from his shop as a matter
of convenience to those customers.
(Added to NRS by 1981, 578; A 1999, 2585 )
A person who is required to display a
license issued pursuant to the provisions of this chapter shall, upon the
request of an authorized representative of the Board, provide to that
representative identification in the form of a driver’s license or
identification card with a photograph that has been issued by a state,
the District of Columbia or the United States.
(Added to NRS by 1999, 2576 )
1. The following are grounds for disciplinary action by the Board:
(a) Violation by any person licensed pursuant to the provisions of
this chapter of any provision of this chapter or the regulations adopted
by the Board.
(b) Conviction of a felony relating to the practice of barbers.
(c) Malpractice or incompetency.
(d) Continued practice by a person knowingly having an infectious
or contagious disease.
(e) Advertising, practicing or attempting to practice under
another’s name or trade name.
(f) Drunkenness or addiction to a controlled substance.
2. If the Board determines that a violation of this section has
occurred, it may:
(a) Refuse to issue or renew a license;
(b) Revoke or suspend a license; and
(c) Impose a fine of not more than $1,000.
3. An order that imposes discipline and the findings of fact and
conclusions of law supporting that order are public records.
(Added to NRS by 1987, 1615; A 1993, 890; 1999, 2585 ; 2003, 2718 , 3462 )
[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 is licensed as a barber,
an apprentice or an instructor, the Board shall deem the license issued
to that person to be suspended at the end of the 30th day after the date
on which the court order was issued unless the Board receives a letter
issued to the holder of the license by the district attorney or other
public agency pursuant to NRS 425.550
stating that the holder of the license has complied with the subpoena or
warrant or has satisfied the arrearage pursuant to NRS 425.560 .
2. The Board shall reinstate a license that has been suspended by
a district court pursuant to NRS 425.540 if the Board receives a letter issued by the
district attorney or other public agency pursuant to NRS 425.550 to the person whose license was suspended
stating that the person whose license was suspended has complied with the
subpoena or warrant or has satisfied the arrearage pursuant to NRS
425.560 .
(Added to NRS by 1997, 2160; A 1999, 2585 ; 2005, 2807 , 2809 )
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, 3462 ; A 2005, 800 )
PROHIBITED PRACTICES; REMEDIES; PENALTIES
It is
unlawful:
1. For any person to engage in the practice of barbering or
attempt to engage in the practice of barbering without a license as a
barber or an apprentice issued by the Board pursuant to this chapter.
2. For any owner or manager of any barbershop to hire or employ a
barber or an apprentice who does not have a license issued by the Board
pursuant to this chapter or whose barbershop does not meet the sanitary
requirements of the Board.
3. For any person to serve as an apprentice under a licensed
barber without a license as an apprentice issued by the Board pursuant to
this chapter.
4. For any person to operate a barbershop unless the barbershop is
at all times under the direct supervision and management of a licensed
barber.
5. For any person to hire or employ any person to engage in the
practice of barbering or attempt to engage in the practice of barbering
unless the person holds a license as a barber or an apprentice issued by
the Board pursuant to this chapter.
6. For any person licensed pursuant to chapter 644 of NRS or any other person to:
(a) Hold himself out to the public, solicit business or advertise
as a licensed barber or as operating a licensed barbershop;
(b) Use the title or designation “barber” or “barbershop” under
circumstances which would create or tend to create the impression to
members of the general public that the person is a licensed barber or is
operating a licensed barbershop; or
(c) Engage in any other act or practice which would create or tend
to create the impression to members of the general public that the person
is a licensed barber or is operating a licensed barbershop,
Ê unless the person holds, as appropriate, a license as a barber or a
license to operate a barbershop issued by the Board pursuant to this
chapter or the person is operating a licensed cosmetological
establishment that is leasing space to or employing a licensed barber
pursuant to NRS 644.360 .
7. For any person licensed pursuant to chapter 644 of NRS or any other person to place a barber pole in
a location which would create or tend to create the impression to members
of the general public that a business located near the barber pole is a
barbershop unless the operator of the business holds a license to operate
a barbershop issued by the Board pursuant to this chapter or the business
is a licensed cosmetological establishment that is leasing space to or
employing a licensed barber pursuant to NRS 644.360 . As used in this subsection, “barber pole”
means:
(a) A red and white striped vertical cylinder with a ball located
on top of the cylinder; or
(b) Any object of a similar nature, regardless of its actual shape
or coloring, which would create or tend to create the impression to
members of the general public that a business located near the object is
a barbershop.
[1:131:1929; A 1931, 349; 1937, 213; 1931 NCL § 760]—(NRS A 1999,
2586 ; 2005, 2638 )
1. It shall be unlawful for any licensed barber or apprentice:
(a) Knowingly to continue the practice of barbering, or for any
student knowingly to continue as a student in any barber school while the
person has an infectious, contagious or communicable disease.
(b) To use upon one patron a towel that has been used upon another
patron unless the towel has been relaundered.
(c) Not to provide the headrest on each chair with a relaundered
towel or a sheet of clean paper for each patron.
(d) Not to place around the patron’s neck a strip of cotton, towel
or neckband so that the hair cloth does not come in contact with the neck
or skin of the patron’s body.
(e) To use in the practice of barbering any styptic pencils, finger
bowls, sponges, lump alum or powder puffs. Possession of a styptic
pencil, finger bowl, sponge, lump alum or powder puff in a barbershop is
prima facie evidence that the item is being used therein in the practice
of barbering.
(f) To use on any patron any razors, scissors, tweezers, combs,
rubber discs or parts of vibrators used on another patron, unless the
items are kept in a closed compartment and immersed in boiling water or
in a solution of 2 percent carbolic acid, or its equivalent, before each
use.
2. It shall be unlawful to own, manage, control or operate any
barbershop unless:
(a) Continuously hot and cold running water is provided.
(b) A recognized sign is displayed at the main entrance to the shop
indicating that it is a barbershop.
[Part 17b:131:1929; added 1931, 349; 1931 NCL § 776.02]—(NRS A
1959, 327; 1999, 2587 )
1. It is unlawful for a person to engage in the practice of
barbering unless he is wearing clean outer garments which are suitable to
allow the safe and hygienic practice of barbering.
2. The Board shall adopt regulations which prescribe standards for
the garments required by subsection 1.
(Added to NRS by 1993, 2646)
It is unlawful for any person to instruct the
practice of barbering in a barber school unless he is licensed by the
Board to do so.
(Added to NRS by 1987, 1389; A 1999, 2587 )
Any person violating any of the provisions
of this chapter, unless by general law otherwise provided, shall be
guilty of a misdemeanor.
[18:131:1929; A 1931, 349; 1953, 317]—(NRS A 1967, 643)
1. In addition to any other remedy or penalty:
(a) The Board may issue a citation to a person who has engaged in
any act or practice which constitutes a violation of any provision of NRS
643.190 . A citation issued pursuant to
this paragraph must be in writing and describe with particularity the
nature of the violation. The citation also must inform the person of the
provisions of subsection 2. A separate citation must be issued for each
violation. If appropriate, the citation may contain an order to cease and
desist.
(b) Upon finding that a person has engaged in any act or practice
which constitutes a violation of any provision of NRS 643.190 , the Board shall assess an administrative fine
of:
(1) For the first violation, $1,000.
(2) For the second violation, $1,500.
(3) For the third or subsequent violation, $2,000.
2. To appeal a finding of a violation pursuant to this section,
the person must request a hearing by written notice of appeal to the
Board within 30 days after the date on which the citation is issued.
(Added to NRS by 2005, 2636 )
1. In addition to any other remedy or penalty, if a person has
engaged in any act or practice which constitutes a violation of any
provision of this chapter, the district court of any county, on
application of the Board, may issue an injunction or other appropriate
order restraining the act or practice, without a showing of actual harm.
2. A proceeding under this section is governed by Rule 65 of the
Nevada Rules of Civil Procedure.
(Added to NRS by 2005, 2636 )
1. The actions and remedies authorized by this chapter are
cumulative.
2. When an agency or officer elects to take a particular action or
pursue a particular remedy authorized by this chapter or another specific
statute, that election is not exclusive and does not preclude the agency
or officer or another agency or officer from taking any other actions or
pursuing any other remedies authorized by this chapter or another
specific statute.
(Added to NRS by 2005, 2636 )
