CHAPTER 644 - COSMETOLOGY

1.	NEVADA REVISED STATUTES: CHAPTER 644
	Abstract: CHAPTER 644 - COSMETOLOGY. NRS 644.020 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined inNRS 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
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      NRS 644.020  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 644.0205 to 644.029, 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)

      NRS 644.0205  “Aesthetician” defined.  “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 make-up 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,

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)

 

      NRS 644.021  “Board” defined.  “Board” means the state board of cosmetology.

      (Added to NRS by 1981, 1346)

      NRS 644.0225  “Cosmetological establishment” defined.  “Cosmetological establishment” means any premises, mobile unit, building or part of a building where cosmetology is practiced, other than a licensed barbershop in which one or more licensed manicurists practice.

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

 

      NRS 644.023  “Cosmetologist” defined.  “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 body of any person by the use of electrolysis to remove the hair from the surface of the body 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 make-up or eyelashes to any person.

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

 

      NRS 644.0233  “Cosmetologist’s apprentice” defined. [Effective January 1, 2000.]  “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, effective January 1, 2000)

      NRS 644.024  “Cosmetology” defined.  “Cosmetology” includes the occupations of a cosmetologist, aesthetician, electrologist, hair designer and manicurist.

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

 

      NRS 644.026  “Electrologist” defined.  “Electrologist” means any person who engages in the occupation of permanently removing excess or unwanted hair from the body of any person only by the use of a needle.

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

      NRS 644.0265  “Electrologist’s apprentice” defined.  “Electrologist’s apprentice” means a person engaged in learning the occupation of an electrologist in a cosmetological establishment.

      (Added to NRS by 1981, 1347)

      NRS 644.0277  “Hair designer” defined.  “Hair designer” means any person who engages in the practices of:

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

      2.  Cutting, trimming or shaping the hair.

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

      (Added to NRS by 1995, 460)

      NRS 644.029  “Manicurist” defined.  “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

 

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

      1.  The state board of cosmetology consisting of seven members appointed by the governor is hereby created.

      2.  The board must consist of four cosmetologists, one 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)

      NRS 644.040  Qualifications of members.

      1.  No person is eligible for appointment as a member of the board:

      (a) Who is not licensed as a 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)

 

      NRS 644.050  Terms and oaths of members.

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

      2.  Before entering upon the discharge of his duties, each member shall make and file with the secretary of state the constitutional oath of office.

      [Part 4:218:1931; A 1933, 237; 1931 NCL § 1862.03]—(NRS A 1965, 630; 1971, 1119; 1981, 71)

 

      NRS 644.060  Officers.  The members of the board shall annually elect a president, a vice president, a treasurer and a secretary from among their number. The members may assign the duties of the treasurer and the secretary to one person who shall be treasurer and secretary.

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

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

      1.  The board shall hold meetings at least four times a year for the examination of applicants for registration and for the transaction of such other business as pertains to its duties.

      2.  The board may hold such other meetings for the examination of applicants for registration or for the transaction of necessary business at such times and places as it determines.

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

      (a) A salary of not more than $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)

 

 

      NRS 644.075  Fiscal year.  The board shall operate on the basis of a fiscal year commencing on July 1 and terminating on June 30.

      (Added to NRS by 1963, 160)

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

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

      2.  May establish offices in as many localities in the state as it finds necessary to carry out the provisions of this chapter. All records and files of the board must be kept at the main office of the board and 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)

 

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

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

      2.  Issue licenses to such applicants as may be entitled thereto.

      3.  License 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)

 

      NRS 644.095  Approval of device used in cosmetology.  Any device used in the practice of cosmetology must be approved by the board.

      (Added to NRS by 1985, 1680)

      NRS 644.100  Hearings and proceedings by or before less than entire board.

      1.  Any investigation, inquiry, hearing or proceeding which the board is empowered to hold or undertake may be held or undertaken by or before one or more members of the board, and the finding or order of the member or members shall be deemed to be the finding or order of the board when approved or confirmed by it.

      2.  No investigation, inquiry, hearing or proceeding shall be held or undertaken by only one member of the board, or by less than the entire membership of the board, without the previous written authorization of the board.

      [20:218:1931; 1931 NCL § 1862.20]

      NRS 644.110  Regulations.  The board shall adopt reasonable regulations:

      1.  For carrying out the provisions of this chapter.

      2.  For conducting examinations of applicants for licenses.

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

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

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

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

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

      (d) Allowing a member or an authorized employee of the board to review the records of a student’s training and attendance.

      5.  Governing the courses of study and practical training required of persons for treating the skin of the human body, 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)

 

 

      NRS 644.120  Regulations governing sanitary conditions.

      1.  The board may adopt such regulations governing sanitary conditions as it deems necessary with particular reference to the precautions to be employed to prevent the creating or spreading of infectious or contagious diseases in 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)

 

      NRS 644.130  Record of licenses; disclosure of information.

      1.  The board shall keep a record containing the name, known place of business and the date and number of the license of every manicurist, electrologist, aesthetician, hair designer 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 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)

      NRS 644.140  Record of proceedings; other duties.  The board shall:

      1.  Keep a record of its proceedings.

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

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

      NRS 644.150  Employees, attorneys and other professional consultants.  The board may employ inspectors, investigators, advisers, examiners and clerks and secure the services of attorneys and other professional consultants, but no part of the compensation of those persons or reasonable expenses incurred by the board may be paid by the state.

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

 

      NRS 644.160  Biennial report to governor; contents.  The board shall make a written report to the governor before September 1 of each even‑numbered year for the biennium ending June 30 of such year concerning the condition, in this state, of cosmetology and the branches thereof. The report shall contain a brief reference to the proceedings had by or before the board in carrying out the provisions of this chapter for the period last past.

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

      NRS 644.170  Deposit of fees and receipts; expenditures; delegation of authority to take disciplinary action; deposit of fines imposed by board; claims for attorney’s fees and costs of investigation.

      1.  All fees collected on behalf of the board and all receipts of every kind and nature must be reported at the beginning of each month, for the month preceding, to the board. At the same time, the entire amount of collections, except as otherwise provided in subsection 5, must be paid to the treasurer of the board, who shall deposit them in banks, credit unions or savings and loan associations in the State of Nevada.

      2.  The receipts must be for the uses of the board and out of them must be paid all salaries and all other expenses necessarily incurred in carrying into effect the provisions of this chapter.

      3.  All orders for payment of money must be drawn on the treasurer of the board and countersigned by the president and the secretary of the board.

      4.  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)

      NRS 644.180  Revolving fund.  An amount not to exceed $1,000 may be drawn from the contingent fund to be used as a revolving fund where cash advances are necessary. Expenditures from the revolving fund must be substantiated by vouchers and itemized statements at the end of each fiscal year, or at any other time when demanded by the chief of the budget division of the department of administration.

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

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

      NRS 644.190  Unlawful practices without license; exceptions. [Effective through December 31, 1999.]

      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.

      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)

      NRS 644.190  Unlawful practices without license; exceptions. [Effective January 1, 2000.]

      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, effective January 1, 2000)

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

      1.  The board may grant a provisional license as an instructor to a person who:

      (a) Has successfully completed the 12th grade in school or its equivalent and submits written verification of the completion of his education;

      (b) Has practiced as a full-time licensed cosmetologist, aesthetician or manicurist for 3 years 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 $25 nor more than $40 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. 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)

 

      NRS 644.195  Instructors: Qualifications; fee for license.

      1.  Each instructor must:

      (a) Be licensed as a cosmetologist pursuant to this chapter.

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

      (c) Have 1 year of experience as a cosmetologist.

      (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) 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.  Each instructor shall pay an initial fee for a license of not less than $40 and not more than $60.

      (Added to NRS by 1985, 1850; A 1991, 2057)

      NRS 644.1955  Instructors of aestheticians: Qualifications for examination; advanced training.

      1.  The board shall admit to examination for a license as an instructor of aestheticians any person who has applied to the board in proper form, paid the fee and:

      (a) Is at least 18 years of age;

      (b) Is of good moral character;

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

      (d) Has received a minimum of 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 for 1 year.

      2.  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.

      (Added to NRS by 1987, 1200; A 1991, 2058)

 

 

      NRS 644.196  Instructors in cosmetology: Qualifications for examination.  The board shall admit to examination for a license as an instructor in cosmetology any person who has made application to the board in proper form, paid the fee and meets the requirements of NRS 644.195.

      (Added to NRS by 1985, 1626)

      NRS 644.197  Instructors in manicuring: Qualifications for examination; advanced training.

      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 for 1 year.

      2.  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.

      (Added to NRS by 1985, 1626; A 1987, 1202; 1991, 2058)

      NRS 644.200  Cosmetologists: Qualifications for examination; further study by barber who fails examination. [Effective through December 31, 1999.]

      1.  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:

      (a) Is not less than 18 years of age.

      (b) Is of good moral character.

      (c) Has successfully completed the 10th grade in school or its equivalent. Testing for equivalency must be pursuant to applicable state or federal requirements.

      (d) Has had any one of the following:

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

             (2) Practice of the occupation of a cosmetologist for a period of 4 years outside this state.

             (3) If the applicant is a barber registered pursuant to chapter 643 of NRS, 400 hours of specialized training approved by the board.

      2.  A registered barber who fails the examination for a license as a cosmetologist must complete further study as prescribed by the board, not exceeding 250 hours, in a school of cosmetology approved by the board before he is again entitled to take the examination.

      [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)

      NRS 644.200  Cosmetologists: Qualifications for examination; further study by barber who fails examination. [Effective January 1, 2000.]

      1.  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:

      (a) Is not less than 18 years of age.

      (b) Is of good moral character.

      (c) Has successfully completed the 10th grade in school or its equivalent. Testing for equivalency must be pursuant to applicable state or federal requirements.

      (d) Has had any one of the following:

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

             (2) Practice of the occupation of a cosmetologist for a period of 4 years outside this state.

             (3) If the applicant is a barber registered pursuant to chapter 643 of NRS, 400 hours of specialized training approved by the board.

             (4) 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.

      2.  A registered barber who fails the examination for a license as a cosmetologist must complete further study as prescribed by the board, not exceeding 250 hours, in a school of cosmetology approved by the board before he is again entitled to take the examination.

      [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, effective January 1, 2000)

      NRS 644.203  Electrologists: Qualifications for examination.  The board shall admit to examination for a license as an electrologist any person who has made application to the board in the proper form and paid the fee, and who before or on the date set for the examination:

      1.  Is not less than 18 years of age.

      2.  Is of good moral character.

      3.  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)

      NRS 644.204  Hair designers: Qualifications for examination.  The board shall admit to examination for a license as a hair designer, at any meeting of the board held to conduct examinations, each person who has applied to the board in proper form and paid the fee, and who:

      1.  Is not less than 18 years of age.

      2.  Is of good moral character.

      3.  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)

      NRS 644.205  Manicurists: Qualifications for examination.  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)

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

      1.  Is at least 18 years of age;

      2.  Is of good moral character;

      3.  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)

      NRS 644.210  Application required for examination, license or certificate of registration; fee to obtain forms; contents; verification.

      1.  An application for admission to examination or for a license in any branch of cosmetology, or for a certificate of registration as a cosmetologist’s apprentice, must be made in writing on forms furnished by the board and must be submitted within the period designated by the board. The board shall charge a fee of $15 for furnishing the forms.

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

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

 

      NRS 644.212  Application to include social security number of applicant. [Expires by limitation 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.]  An application for the issuance of a license or evidence of registration issued pursuant to NRS 644.190 to 644.330, inclusive, must include the social security number of the applicant.

      (Added to NRS by 1997, 2162; A 1999, 1154)

 

 

 

      NRS 644.214  Payment of child support: Statement by applicant for license or evidence of registration; grounds for denial of license or evidence of registration; duty of board. [Expires by limitation 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.  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 welfare division of the department of human resources 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)

 

 

 

      NRS 644.215  Electrologist’s apprentice: Application for registration; fee.  Every electrologist’s apprentice must apply to the board for registration. The application must be accompanied by a fee of $100.

      (Added to NRS by 1985, 1850)

      NRS 644.217  Cosmetologist’s apprentice: Application for certificate of registration; fee; expiration and renewal of certificate of registration. [Effective January 1, 2000.]

      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 35,000;

      (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, effective January 1, 2000)

 

 

 

 

 

      NRS 644.2175  Cosmetologist’s apprentice: Display of certificate of registration; conditions and limitations on employment and training; records; status and duties of licensees involved in training; regulations. [Effective January 1, 2000.]

      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, effective January 1, 2000)

      NRS 644.220  Examination and reexamination: Fees and charges.

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

      (a) For examination as a cosmetologist, not less than $40 and not more than $75.

      (b) For examination as an electrologist, not less than $40 and not more than $75.

      (c) For examination as a hair designer, not less than $40 and not more than $75.

      (d) For examination as a manicurist, not less than $40 and not more than $75.

      (e) For examination as an aesthetician, not less than $40 and not more than $75.

      (f) For examination as an instructor of aestheticians or in cosmetology or manicuring, $40.

The fee for each reexamination is not less than $40 and not more than $75.

      2.  Each applicant referred to in subsection 1 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)

 

      NRS 644.230  Examinations: General requirements.  All examinations of applicants must:

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

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

      3.  Be consistent in both practical and technical requirements and of sufficient thoroughness to satisfy the board as to the applicant’s skill in, and knowledge of, the practice of the occupation for which a license is sought.

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

 

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

      1.  Practical demonstrations in shampooing the hair, hairdressing, styling of hair, finger waving, coloring of hair, manicuring, make-up, 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)

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

      1.  Practical demonstrations in the permanent removal of hair;

      2.  Written and oral tests on:

      (a) Antisepsis, sterilization and sanitation;

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

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

      3.  Such other demonstrations and tests as the board requires.

      (Added to NRS by 1985, 1626)

      NRS 644.244  Hair designers: Scope of examination.  The examination for licensure as a hair designer may include:

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

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

      (a) Antisepsis, sterilization and sanitation;

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

      (c) The laws of this state and the regulations of the board relating to the practice of cosmetology; and

      3.  Such other demonstrations and tests as the board may require.

      (Added to NRS by 1995, 461)

      NRS 644.245  Manicurists: Scope of examination.  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)

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

      1.  Practical demonstrations in facial massage, make-up 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)

 

 

 

 

 

      NRS 644.260  Issuance of licenses. [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.]  The board shall issue a license as a cosmetologist, aesthetician, electrologist, hair designer, manicurist 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)

 

 

 

      NRS 644.260  Issuance of licenses. [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.]  The board shall issue a license as a cosmetologist, aesthetician, electrologist, hair designer, manicurist or instructor to each applicant who passes a satisfactory examination, conducted by the board to determine his fitness to practice that occupation of cosmetology.

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

      NRS 644.270  License to specify authorized occupation.  Every license issued by the board must specify the occupation which the license entitles the holder thereof to practice. No person may practice any other occupation designated in this chapter than that for which the license is issued.

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

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

      1.  Every license issued by the board must be signed by the president and attested by the secretary and must bear the board’s seal.

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

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

      NRS 644.290  Display of license.

      1.  The holder of a license issued by the board to practice any branch of cosmetology must display his 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)

      NRS 644.295  Duplicate license; fee.

      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 $15.

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

      NRS 644.300  Notice to secretary of change of location.  Every licensed manicurist, electrologist, aesthetician, hair designer 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)

      NRS 644.310  Requirements for licensing of person licensed in another state or territory or District of Columbia.  Upon application to the board, accompanied by a fee of $100, 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)

 

      NRS 644.320  Expiration of license; regulations for proration of fee.

      1.  The license of every cosmetologist, aesthetician, electrologist, hair designer, manicurist, provisional instructor and instructor expires on July 1 of the next succeeding odd-numbered year.

      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)

 

      NRS 644.325  Renewal of license: Application; statement; fees; penalties for late renewal; photographs. [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.  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 at any time during the month of June of the year in which the license expires;

      (b) Accompanied by the statement required pursuant to NRS 644.214; and

      (c) Accompanied by the fee for renewal.

      2.  The fees for renewal are:

      (a) For manicurists, electrologists, aestheticians, hair designers and cosmetologists, not less than $30 and not more than $50.

      (b) For instructors, not less than $40 and not more than $60.

      (c) For cosmetological establishments, not less than $60 and not more than $100.

      (d) For schools of cosmetology, not less than $450 and not more than $500.

      3.  For each month or fraction thereof after July 1 in which a license is not renewed, there must be assessed and collected at the time of renewal a penalty of $25 for a school of cosmetology and $10 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 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)

 

 

 

 

 

 

      NRS 644.325  Renewal of license: Application; fees; penalties for late renewal; photographs. [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.  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 at any time during the month of June of the year in which the license expires; and

      (b) Accompanied by the fee for renewal.

      2.  The fees for renewal are:

      (a) For manicurists, electrologists, aestheticians, hair designers and cosmetologists, not less than $30 and not more than $50.

      (b) For instructors, not less than $40 and not more than $60.

      (c) For cosmetological establishments, not less than $60 and not more than $100.

      (d) For schools of cosmetology, not less than $450 and not more than $500.

      3.  For each month or fraction thereof after July 1 in which a license is not renewed, there must be assessed and collected at the time of renewal a penalty of $25 for a school of cosmetology and $10 for a cosmetological establishment and all persons licensed pursuant to this chapter.

      4.  An application for renewal of a license as a cosmetologist, hair designer, aesthetician, electrologist, manicurist 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, 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)

      NRS 644.330  Renewal of license after expiration; restoration after retirement. [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.  A manicurist, electrologist, aesthetician, hair designer, cosmetologist or instructor whose license has expired may have his license renewed only upon submission of the statement required pursuant to NRS 644.214 and payment of all required fees.

      2.  Any manicurist, electrologist, aesthetician, hair designer, cosmetologist or instructor who retires from practice for more than 1 year may have his license restored only upon submission of the statement required pursuant to NRS 644.214 and payment of all required fees.

      3.  No manicurist, electrologist, aesthetician, hair designer, cosmetologist 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)

 

 

 

      NRS 644.330  Renewal of license after expiration; restoration after retirement. [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.  A manicurist, electrologist, aesthetician, hair designer, cosmetologist or instructor whose license has expired may have his license renewed only upon payment of all required fees.

      2.  Any manicurist, electrologist, aesthetician, hair designer, cosmetologist or instructor who retires from practice for more than 1 year may have his license restored only upon payment of all required fees.

      3.  No manicurist, electrologist, aesthetician, hair designer, cosmetologist 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, 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)

COSMETOLOGICAL ESTABLISHMENTS

      NRS 644.340  Application for license; verbal review; issuance and activation of license; on-site inspection; fees.

      1.  Any person wishing to operate a cosmetological establishment in which any one or a combination of the occupations of cosmetology are practiced must apply to the board for a license, through the owner, manager or person in charge, upon forms prepared and furnished by the board. Each application must contain a detailed floor plan of the proposed cosmetological establishment and proof of the particular requisites for a license provided for in this chapter, and must be verified by the oath of the maker.

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

      3.  The fee for a license for a cosmetological establishment is $60. 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)

 

      NRS 644.345  Notice of change of ownership or location; new license and fees; approval of changes in physical structure of cosmetological establishment by board.

      1.  The board must be notified of any change of ownership, name, services offered or location of a cosmetological establishment. The establishment may not be operated after the change until a new license is issued. The owner of the establishment must apply to the board for the license and pay the fees established pursuant to subsection 3 of NRS 644.340.

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

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

      NRS 644.350  Cosmetological establishment: Expiration of license.

      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)

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

      1.  Every holder of a license issued by the board to operate a cosmetological establishment shall display the license in plain view of members of the general public in the principal office or place of business of the holder.

      2.  The operator of a cosmetological establishment shall lease space to or employ only licensed manicurists, electrologists, aestheticians, hair designers and cosmetologists at his establishment to provide cosmetological services.

      [Part 18:218:1931; 1931 NCL § 1862.18]—(NRS A 1971, 1119; 1985, 1626, 1859; 1987, 1070; 1991, 2060; 1995, 463)

      NRS 644.365  Cosmetological establishment: Practice of cosmetology by certain licensed cosmetologists.  Cosmetology may be practiced in a cosmetological establishment by licensed cosmetologists who are:

      1.  Employees of the owner of the enterprise; or

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

      (Added to NRS by 1985, 1626)

      NRS 644.370  Cosmetological establishment: Supervision by licensed person.  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)

 

 

SCHOOLS OF COSMETOLOGY

      NRS 644.380  Application for license; determinations by board; fee; new license required for change in ownership or location; approval of changes in physical structure of school of cosmetology by board.

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

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

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

      (c) Evidence of financial ability to provide the facilities and equipment required by regulations of the board and to maintain the operation of the proposed school for 1 year;

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

      (e) The annual fee for a license; 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 $450 and not more than $500.

      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)

 

      NRS 644.383  Surety bond.

      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 in the amount of $10,000.

      2.  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.

      3.  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.

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

      NRS 644.385  Evidence of personal integrity and moral responsibility of applicant; designation of person authorized to accept service of notice from board and transact business.

      1.  The board may refuse to issue a school of cosmetology license to any applicant who fails to present satisfactory evidence of personal integrity and moral responsibility, and, if the applicant is a corporation, the provisions of this subsection shall apply to all the officers thereof.

      2.  No school of cosmetology license may be issued until the owner files with the board a statement designating the person authorized to accept service of notice from the board and to transact all business negotiations in behalf of the school.

      (Added to NRS by 1960, 316)

      NRS 644.387  Certain cosmetological establishments deemed schools of cosmetology.  Every cosmetological establishment which exacts a fee for the teaching of any branch of cosmetology is a school of cosmetology and shall comply with the provisions of NRS 644.400 and the regulations adopted by the board.

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

      NRS 644.393  Fee for each student to be paid to board.  Every school of cosmetology shall pay to the board a fee of $5 for each student within 30 days after the student is enrolled or reenrolled.

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

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

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

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

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

      2.  A school of cosmetology shall:

      (a) Maintain a school term of not less than 1,800 hours extending over a period of not less than 10 months nor more than 24 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 nor for more than 5 days out of every 7.

      (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.

      [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)

      NRS 644.403  Unconscionable contracts with students.

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

      2.  “Unconscionable contract” means a contract which a person of common sense, who was not under a delusion, would not execute and which a fair and honest 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)

      NRS 644.405  Restrictions on advertisement of work of students on public for pay.  No school of cosmetology may advertise student work to the public for pay through any medium, including radio, unless the work advertised is expressly designated as student’s work.

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

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

      1.  A student enrolled as a cosmetologist must receive 250 hours.

      2.  A student enrolled as a hair designer must receive 250 hours.

      3.  A student enrolled as a manicurist must receive 80 hours.

      4.  A student enrolled as an electrologist’s apprentice must receive 150 hours.

      5.  A student enrolled as an aesthetician must receive 100 hours.

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

      NRS 644.410  Display of license.  Every holder of a license issued by the board to operate a school of cosmetology shall display the license in a conspicuous place in the principal office or place of business of the holder.

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

DEMONSTRATIONS

      NRS 644.425  Temporary educational permit; unlawful acts. [Effective through December 31, 1999.]

      1.  The board may grant a temporary educational permit authorizing a current licensee within the scope of his license to conduct demonstrations and exhibitions, temporarily and primarily for educational purposes, of techniques for the benefit and instruction of cosmetologists, hair designers, aestheticians, electrologists and manicurists licensed pursuant to this chapter, and electrologists’ apprentices and students enrolled in licensed schools of cosmetology.

      2.  The permit must specify the purpose for which it is granted, the period during which the person is permitted to conduct the demonstrations and exhibitions, which may not exceed 10 days, and the time and place of exercising the privilege granted by the permit.

      3.  A person may be granted a temporary educational permit only if he:

      (a) Applies to the board for the permit;

      (b) Demonstrates to the satisfaction of the board that the permit is sought primarily for educational purposes; and

      (c) Pays a fee of not less than $10 and not more than $25.

Except for schools licensed pursuant to this chapter, an application for a permit must be submitted at least 10 days before the date of the demonstration or exhibit.

      4.  It is unlawful:

      (a) For any person to conduct a demonstration or exhibition without a permit.

      (b) For any person who is granted a permit to allow persons other than cosmetologists, hair designers, aestheticians, electrologists and manicurists licensed pursuant to this chapter, and electrologists’ apprentices and students enrolled in licensed schools of cosmetology to attend any demonstration or exhibition made or given by him.

      (Added to NRS by 1957, 82; A 1960, 317; 1979, 1827; 1981, 1358; 1985, 1861; 1987, 1071; 1991, 2061; 1995, 464)

 

 

      NRS 644.425  Temporary educational permit; unlawful acts. [Effective January 1, 2000.]

      1.  The board may grant a temporary educational permit authorizing a current licensee within the scope of his license to conduct demonstrations and exhibitions, temporarily and primarily for educational purposes, of techniques for the benefit and instruction of cosmetologists, hair designers, aestheticians, electrologists and manicurists licensed pursuant to this chapter, and electrologists’ apprentices, cosmetologists’ apprentices and students enrolled in licensed schools of cosmetology.

      2.  The permit must specify the purpose for which it is granted, the period during which the person is permitted to conduct the demonstrations and exhibitions, which may not exceed 10 days, and the time and place of exercising the privilege granted by the permit.

      3.  A person may be granted a temporary educational permit only if he:

      (a) Applies to the board for the permit;

      (b) Demonstrates to the satisfaction of the board that the permit is sought primarily for educational purposes; and

      (c) Pays a fee of not less than $10 and not more than $25.

Except for schools licensed pursuant to this chapter, an application for a permit must be submitted at least 10 days before the date of the demonstration or exhibit.

      4.  It is unlawful:

      (a) For any person to conduct a demonstration or exhibition without a permit.

      (b) For any person who is granted a permit to allow persons other than cosmetologists, hair designers, aestheticians, electrologists and manicurists licensed pursuant to this chapter, and electrologists’ apprentices, cosmetologists’ apprentices and students enrolled in licensed schools of cosmetology to attend any demonstration or exhibition made or given by him.

      (Added to NRS by 1957, 82; A 1960, 317; 1979, 1827; 1981, 1358; 1985, 1861; 1987, 1071; 1991, 2061; 1995, 464; 1999, 1155, effective January 1, 2000)

DISCIPLINARY ACTIONS

      NRS 644.430  Grounds; authorized actions. [Effective through December 31, 1999.]

      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 or school of cosmetology 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; or

      (d) Impose a fine not to exceed $1,000.

      [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)

 

      NRS 644.430  Grounds; authorized actions. [Effective January 1, 2000.]

      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 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; or

      (d) Impose a fine not to exceed $1,000.

      [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, effective January 1, 2000)

      NRS 644.435  Suspension of license or registration for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license or registration. [Expires by limitation 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.  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)

 

 

 

      NRS 644.440  Notice and hearing for denial, suspension or revocation of license; citation for violation of regulations concerning sanitation or health; grounds for immediate suspension and automatic revocation.

      1.  Except as otherwise provided in subsection 3, the board may refuse to issue or renew any license or revoke or suspend any license already issued, 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.  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.  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)

      NRS 644.445  Disciplinary action by hearing officer or panel: Procedural requirements; powers and duties of officer or panel; appeals.

      1.  Any disciplinary action taken by a hearing officer or panel pursuant to NRS 644.170 is subject to the same procedural requirements as apply to disciplinary actions taken by the board, and the officer or panel has those same powers and duties as given to the board in relation thereto.

      2.  A decision of the hearing officer or panel to impose a fine is a final decision in a contested case. Any party aggrieved by a decision of the officer or panel to revoke, suspend or refuse to renew a license may appeal that decision to the board.

      (Added to NRS by 1983, 1542; A 1985, 1638)

 

      NRS 644.447  Injunctions.  When any person has engaged in any act or practice which constitutes an offense under this chapter, the district court of any county, on application of the board, may issue an injunction or other appropriate order restraining the act or practice, without a showing of actual harm. A proceeding under this section is governed by Rule 65 of the Nevada Rules of Civil Procedure.

      (Added to NRS by 1985, 1627)

APPLICABILITY OF CHAPTER

      NRS 644.460  Exemptions.

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

      (a) All persons authorized by the laws of this state to practice medicine, dentistry, osteopathic medicine, chiropractic or podiatry.

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

      (c) Barbers, insofar as their usual and ordinary vocation and profession is concerned, when engaged in any of the following practices:

             (1) Cleansing or singeing the hair of any person.

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

      (d) Retailers, at a retail establishment, insofar as their usual and ordinary vocation and profession is concerned, when engaged in the demonstration of make-up 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 make-up 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 prisons 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)

 

 

 

PROHIBITED PRACTICES AND PENALTIES

      NRS 644.470  Treatment by X-ray prohibited; application or implantation of certain substances prohibited; penalty.  Nothing in this chapter:

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

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

A violation of the provisions of this section constitutes a misdemeanor.

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

      NRS 644.471  Unlawful to engage in practice of cosmetology unless wearing clean outer garments; regulations of board.

      1.  It is unlawful for a person to engage in the practice of any branch of cosmetology unless 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)

 

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

      1.  Except as otherwise provided in subsection 2, it is unlawful for any animal to be on the premises of a licensed cosmetological establishment.

      2.  An aquarium may be maintained on the premises of a licensed cosme- tological establishment.

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

 

      NRS 644.473  Unlawful acts relating to cutting of men’s hair.  It is unlawful for any licensed cosmetological establishment:

      1.  To engage primarily in the business of cutting men’s hair; or

      2.  To represent itself to the public as primarily engaged in the business of cutting men’s hair.

      (Added to NRS by 1969, 1164)

      NRS 644.475  Styling of hairpieces: Restrictions.

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

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

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

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

 

      NRS 644.476  Unlawful to copy or alter license.  It is unlawful for a person to reproduce mechanically or otherwise copy or alter a license issued pursuant to this chapter.

      (Added to NRS by 1991, 2054)

      NRS 644.477  Unlawful to practice any other profession in cosmetological establishment.  It is unlawful for the operator of a cosmetological establishment to practice or allow the practice of any profession other than cosmetology in that establishment.

      (Added to NRS by 1991, 2054)

 

      NRS 644.480  Penalties.

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

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

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

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

      NRS 644.490  Additional penalties for person who engages in certain conduct without license; authority of board to issue citations and orders to cease and desist; administrative fines; appeals.

      1.  In addition to any other penalty:

      (a) The board may issue a citation to a person who violates the provisions of NRS 644.190. A citation issued pursuant to this paragraph must be in writing and describe with particularity the nature of the violation. The citation also must inform the person of the provisions of subsection 2. A separate citation must be issued for each violation. If appropriate, the citation may contain an order to cease and desist.

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

             (1) For the first violation, $500.

             (2) For the second violation, $1,000.

             (3) For the third or subsequent violation, $1,500.

      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)