[Rev. 11/21/2013 12:54:28 PM--2013]

CHAPTER 644 - COSMETOLOGY

GENERAL PROVISIONS

NRS 644.020           Definitions.

NRS 644.0205         “Aesthetician” defined.

NRS 644.021           “Board” defined.

NRS 644.0225         “Cosmetological establishment” defined.

NRS 644.023           “Cosmetologist” defined.

NRS 644.0233         “Cosmetologist’s apprentice” defined.

NRS 644.024           “Cosmetology” defined.

NRS 644.0245         “Demonstrator of cosmetics” defined.

NRS 644.026           “Electrologist” defined.

NRS 644.0265         “Electrologist’s apprentice” defined.

NRS 644.0268         “Establishment for hair braiding” defined.

NRS 644.0273         “Hair braider” defined.

NRS 644.0274         “Hair braiding” defined.

NRS 644.0277         “Hair designer” defined.

NRS 644.029           “Nail technologist” defined.

NRS 644.0295         “Threading” defined.

STATE BOARD OF COSMETOLOGY

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

NRS 644.040           Qualifications of members.

NRS 644.050           Terms and oaths of members.

NRS 644.060           Officers.

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

NRS 644.075           Fiscal year.

NRS 644.080           Employees; offices; records and files; seal; subpoenas.

NRS 644.090           Examinations; issuance of licenses; reports of violations; inspections.

NRS 644.095           Approval of device used in cosmetology.

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

NRS 644.110           Regulations.

NRS 644.120           Regulations governing sanitary conditions.

NRS 644.130           Record of licenses; disclosure of information.

NRS 644.135           Limitations on information that may be included on license or certificate for public display.

NRS 644.140           Record of proceedings; other duties.

NRS 644.150           Employees, attorneys and other professional consultants.

NRS 644.160           Biennial report to Governor; contents.

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

NRS 644.180           Revolving fund.

LICENSING AND REGULATION OF AESTHETICIANS, COSMETOLOGISTS, ELECTROLOGISTS, HAIR BRAIDERS, HAIR DESIGNERS, NAIL TECHNOLOGISTS, DEMONSTRATORS OF COSMETICS, INSTRUCTORS AND APPRENTICES

NRS 644.190           Unlawful practices without license; exceptions.

NRS 644.191           Reduction of duplication in licensing procedure for applicant who also applies to Board of Massage Therapists to practice massage therapy.

NRS 644.192           Reduction of duplication in licensing procedure for applicant who also applies to local governmental entity to practice massage therapy.

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

NRS 644.195           Instructors: Qualifications; fee for license.

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

NRS 644.196           Instructors in cosmetology: Qualifications for examination.

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

NRS 644.199           Student instructors: Qualifications; fee for license; scope of practice; expiration and extension of license.

NRS 644.200           Cosmetologists: Qualifications for examination.

NRS 644.203           Electrologists: Qualifications for examination.

NRS 644.204           Hair designers: Qualifications for examination.

NRS 644.205           Nail technologists: Qualifications for examination.

NRS 644.206           Demonstrator of cosmetics: Qualifications for examination.

NRS 644.207           Aestheticians: Qualifications for examination.

NRS 644.208           Hair braiders: General qualifications for examination.

NRS 644.209           Hair braiders: Qualifications for examination for person who has practiced hair braiding in another state.

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

NRS 644.214           Payment of child support: Submission of certain information by applicant; grounds for denial of license or evidence of registration; duty of Board. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 644.214           Payment of child support: Submission of certain information by applicant; grounds for denial of license or evidence of registration; duty of Board. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings and expires by limitation 2 years after that date.]

NRS 644.215           Electrologist’s apprentice: Application for registration; fee.

NRS 644.217           Cosmetologist’s apprentice: Application for certificate of registration; waiver; fee; expiration and renewal of certificate of registration.

NRS 644.2175         Cosmetologist’s apprentice: Display of certificate of registration; conditions and limitations on employment and training; records; status and duties of licensees involved in training; regulations.

NRS 644.220           Examination and reexamination: Fees and charges.

NRS 644.230           Examinations: General requirements.

NRS 644.235           Examinations provided in English language; examination in Spanish language upon request; request for translated examination; fee.

NRS 644.240           Cosmetologists: Scope of examination.

NRS 644.243           Electrologists: Scope of examination.

NRS 644.244           Hair designers: Scope of examination.

NRS 644.245           Nail technologists: Scope of examination.

NRS 644.246           Demonstrator of cosmetics: Scope of examination.

NRS 644.247           Aestheticians: Scope of examination.

NRS 644.248           Hair braiders: Scope of examination.

NRS 644.260           Issuance of licenses.

NRS 644.270           License to specify authorized occupation.

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

NRS 644.290           Display of license.

NRS 644.295           Duplicate license; fee.

NRS 644.300           Notice to Secretary of change of location.

NRS 644.310           Requirements for licensing of person licensed in another state or territory or District of Columbia.

NRS 644.315           Requirements for issuance and renewal of limited license for person licensed in another state or territory or District of Columbia.

NRS 644.320           Expiration of license; regulations for proration of fees for certain initial licenses; fee for initial license as hair braider.

NRS 644.325           Renewal of license: Application; fees; penalties for late renewal; photographs; instruction relating to infection control.

NRS 644.330           Renewal of license after expiration; restoration after retirement.

REGISTRATION RELATING TO PRACTICE OF THREADING

NRS 644.331           Registration of natural persons engaged in practice of threading and owners and operators of facilities in which natural persons engage in practice of threading; inspection of facilities by Board.

COSMETOLOGICAL ESTABLISHMENTS

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

NRS 644.345           Notice of change of ownership, name, services offered or location; new license and fees; approval of changes in physical structure of establishment by Board.

NRS 644.350           Expiration of license.

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

NRS 644.365           Practice of cosmetology by certain licensed cosmetologists.

NRS 644.370           Supervision by licensed person.

NRS 644.375           Food and beverage sales.

ESTABLISHMENTS FOR HAIR BRAIDING

NRS 644.377           Application for license; verbal review; issuance and activation of license; on-site inspection; fees.

NRS 644.3772         Notice of change of ownership, name, services offered or location; new license and fees; approval of changes in physical structure of establishment by Board.

NRS 644.3773         Expiration of license.

NRS 644.3774         Display of license.

NRS 644.3775         Practice of hair braiding by certain licensees.

NRS 644.3776         Supervision by licensed person.

NRS 644.3777         Food and beverage sales.

SCHOOLS OF COSMETOLOGY

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

NRS 644.384           Surety bonds; payment plans; Board to adopt regulations.

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

NRS 644.387           Certain cosmetological establishments deemed schools of cosmetology.

NRS 644.393           Fee for each student to be paid to Board.

NRS 644.395           Staff of instructors.

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

NRS 644.403           Unconscionable contracts with students.

NRS 644.405           Restrictions on advertisement of work of students on public for pay.

NRS 644.408           Amount of instruction required before student commences work on public.

NRS 644.410           Display of license.

NRS 644.415           Board to take action to enable schools to receive federal financial assistance.

DISCIPLINARY ACTIONS

NRS 644.430           Grounds; authorized disciplinary action; orders imposing discipline deemed public records.

NRS 644.435           Suspension of license or registration for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license or registration. [Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

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

NRS 644.446           Confidentiality of certain records of Board; exceptions.

NRS 644.448           Complaints: Filing.

NRS 644.449           Complaints: Referral to another licensing board; civil immunity.

APPLICABILITY OF CHAPTER

NRS 644.460           Exemptions.

PROHIBITED PRACTICES; REMEDIES; PENALTIES

NRS 644.470           Treatment by X ray prohibited; application or implantation of certain substances prohibited; penalty.

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

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

NRS 644.473           Unlawful acts concerning cutting of men’s hair and practice of barbering.

NRS 644.475           Styling of hairpieces: Restrictions.

NRS 644.476           Unlawful to copy or alter license.

NRS 644.480           Penalties.

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

NRS 644.500           Injunctions.

NRS 644.510           Actions and remedies cumulative and not exclusive.

_________

GENERAL PROVISIONS

      NRS 644.020  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 644.0205 to 644.0295, inclusive, have the meanings ascribed to them in those sections.

      [2:218:1931; A 1933, 237; 1937, 80; 1931 NCL § 1862.01]—(NRS A 1977, 192; 1979, 1822; 1981, 1348; 1985, 1627; 1995, 461; 1999, 1152; 2001, 1191; 2009, 2498; 2011, 3032)

      NRS 644.0205  “Aesthetician” defined.

      1.  “Aesthetician” means any person who engages in the practices of:

      (a) Beautifying, massaging, cleansing or stimulating the skin of the human body by the use of cosmetic preparations, antiseptics, tonics, lotions or creams, or any device, electrical or otherwise, for the care of the skin;

      (b) Applying cosmetics or eyelashes to any person, tinting eyelashes and eyebrows, and lightening hair on the body; and

      (c) Removing superfluous hair from the body of any person by the use of depilatories, waxing, tweezers or sugaring,

Ę but does not include the branches of cosmetology of a cosmetologist, hair designer, hair braider, electrologist or nail technologist.

      2.  As used in this section, “depilatories” does not include the practice of threading.

      (Added to NRS by 1981, 1346; A 1985, 1680, 1851; 1995, 461; 2001, 1191; 2009, 2498; 2011, 3032)

      NRS 644.021  “Board” defined.  “Board” means the State Board of Cosmetology.

      (Added to NRS by 1981, 1346)

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

      (Added to NRS by 1981, 1346; A 1987, 906; 2009, 2498)

      NRS 644.023  “Cosmetologist” defined.

      1.  “Cosmetologist” means a person who engages in the practices of:

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

      (b) Cutting, trimming or shaping the hair.

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

      (d) Removing superfluous hair from the surface of the body of any person by the use of electrolysis where the growth is a blemish, or by the use of depilatories, waxing, tweezers or sugaring, except for the permanent removal of hair with needles.

      (e) Manicuring the nails of any person.

      (f) Beautifying, massaging, stimulating or cleansing the skin of the human body by the use of cosmetic preparations, antiseptics, tonics, lotions, creams or any device, electrical or otherwise, for the care of the skin.

      (g) Giving facials or skin care or applying cosmetics or eyelashes to any person.

      2.  As used in this section, “depilatories” does not include the practice of threading.

      (Added to NRS by 1981, 1346; A 1985, 1851; 1987, 1068; 1991, 2054; 2001, 1191; 2009, 2499)

      NRS 644.0233  “Cosmetologist’s apprentice” defined.  “Cosmetologist’s apprentice” means a person who is engaged in learning the occupation of a cosmetologist in a cosmetological establishment and who is registered with the Board to practice cosmetology as a cosmetologist’s apprentice.

      (Added to NRS by 1999, 1150)

      NRS 644.024  “Cosmetology” defined.  “Cosmetology” includes the occupations of a cosmetologist, aesthetician, electrologist, hair designer, hair braider, demonstrator of cosmetics and nail technologist.

      (Added to NRS by 1981, 1346; A 1985, 1852; 1995, 461; 2001, 1192; 2009, 2499; 2011, 3032)

      NRS 644.0245  “Demonstrator of cosmetics” defined.  “Demonstrator of cosmetics” means a person who demonstrates the application of cosmetics in a cosmetological establishment for the sole purpose of selling cosmetics.

      (Added to NRS by 2001, 1190; A 2005, 2854)

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

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

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

      (Added to NRS by 1981, 1347)

      NRS 644.0268  “Establishment for hair braiding” defined.  “Establishment for hair braiding” means any premises, mobile unit, building or part of a building where hair braiding is practiced, other than a cosmetological establishment.

      (Added to NRS by 2011, 3028)

      NRS 644.0273  “Hair braider” defined.  “Hair braider” means any person who engages in the practice of hair braiding.

      (Added to NRS by 2011, 3029)

      NRS 644.0274  “Hair braiding” defined.

      1.  “Hair braiding” means a natural form of hair manipulation by braiding, cornrowing, extending, lacing, locking, sewing, twisting, weaving or wrapping human hair, natural fibers, synthetic fibers and hair extensions. The practice may be performed by hand or by using simple braiding devices, including, without limitation, clips, combs, hairpins, scissors, needles and thread.

      2.  The term includes:

      (a) Cleansing the scalp; and

      (b) The making of customized wigs from natural hair, natural fibers, synthetic fibers and hair extensions.

      3.  The term does not include:

      (a) The use of penetrating chemical hair treatments, chemical hair coloring agents, chemical hair straightening agents, chemical hair joining agents, permanent wave styles or chemical hair bleaching agents applied to growing human hair;

      (b) The cutting or growing of human hair, except that the term includes the trimming of hair extensions or sewn weave-in extensions only as applicable to the braiding process; or

      (c) Any other activity set forth in the definition of “cosmetologist” pursuant to NRS 644.023 other than the activities expressly set forth in subsections 1 and 2.

      (Added to NRS by 2011, 3029)

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

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

      2.  Cutting, trimming or shaping the hair.

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

      (Added to NRS by 1995, 460)

      NRS 644.029  “Nail technologist” defined.  “Nail technologist” means any person who, for compensation or by demonstration, engages in the practices of:

      1.  Care of another’s fingernails or toenails.

      2.  Beautification of another’s nails.

      3.  Extension of another’s nails.

      4.  Massaging of another’s hands, forearms, feet or lower legs.

      (Added to NRS by 1981, 1347; A 1991, 2055; 2009, 2499)

      NRS 644.0295  “Threading” defined.  “Threading” means to remove superfluous hair from the body of a person by twisting thread around the hair and pulling it from the skin.

      (Added to NRS by 2009, 2498)

STATE BOARD OF COSMETOLOGY

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

      1.  The State Board of Cosmetology consisting of seven members appointed by the Governor is hereby created.

      2.  The Board must consist of four cosmetologists, one nail technologist, one aesthetician and one member representing customers of cosmetology.

      [Part 4:218:1931; A 1933, 237; 1931 NCL § 1862.03]—(NRS A 1965, 630; 1989, 1319; 2009, 2499)

      NRS 644.040  Qualifications of members.

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

      (a) Who is not licensed as a nail technologist, electrologist, aesthetician or cosmetologist under the provisions of this chapter.

      (b) Who is not, at the time of appointment, actually engaged in the practice of his or her respective branch of cosmetology.

      (c) Who is not at least 25 years of age.

      (d) Who has not been a resident of this State for at least 3 years immediately before appointment.

      2.  The requirements of paragraphs (a) and (b) of subsection 1 do not apply to a person appointed to represent customers of cosmetology.

      3.  Not more than one member of the Board may be connected, directly or indirectly, with any school of cosmetology, or have been so connected while previously serving as a member of the Board.

      [Part 4:218:1931; A 1933, 237; 1931 NCL § 1862.03]—(NRS A 1981, 1349; 1985, 1852; 1989, 1319; 2009, 2499)

      NRS 644.050  Terms and oaths of members.

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

      2.  Before entering upon the discharge of his or her duties, each member shall make and file with the Secretary of State the constitutional oath of office.

      3.  No member of the Board may serve more than two consecutive full terms. A member who serves two consecutive full terms is not thereafter eligible to serve on the Board for a period of 1 year. Any time served on the Board in filling the unexpired term of another member does not apply in computing two consecutive full terms.

      [Part 4:218:1931; A 1933, 237; 1931 NCL § 1862.03]—(NRS A 1965, 630; 1971, 1119; 1981, 71; 2005, 2639)

      NRS 644.060  Officers.  The members of the Board shall annually elect a President, a Vice President, a Treasurer and a Secretary from among their number. The members may assign the duties of the Treasurer and the Secretary to one person who shall be Treasurer and Secretary.

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

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

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

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

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

      (a) A salary of not more than $150 per day, as fixed by the Board, while engaged in the business of the Board; and

      (b) A per diem allowance and travel expenses at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.

      4.  While engaged in the business of the Board, each employee of the Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board. The rate must not exceed the rate provided for state officers and employees generally.

      5.  All such compensation and expenses must be paid by the Board out of the fees and receipts received by it, and no part thereof may be paid by the State.

      [Part 4:218:1931; A 1933, 237; 1931 NCL § 1862.03] + [5:218:1931; 1931 NCL § 1862.04]—(NRS A 1960, 310; 1963, 160; 1975, 306; 1981, 1350, 1995; 1983, 1543; 1985, 445; 1987, 1201; 1989, 1704; 2007, 2957)

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

      (Added to NRS by 1963, 160)

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

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

      2.  May establish offices in as many localities in the State as it finds necessary to carry out the provisions of this chapter. All records and files of the Board must be kept at the main office of the Board and, except as otherwise provided in NRS 644.446, be open to public inspection at all reasonable hours.

      3.  May adopt a seal.

      4.  May issue subpoenas to compel the attendance of witnesses and the production of books and papers.

      [Part 4:218:1931; A 1933, 237; 1931 NCL § 1862.03]—(NRS A 1963, 161; 1981, 1350; 2003, 3463)

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

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

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

      3.  License establishments for hair braiding, cosmetological establishments and schools of cosmetology.

      4.  Report to the proper prosecuting officer or law enforcement agency each violation of this chapter coming within its knowledge.

      5.  Inspect schools of cosmetology, establishments for hair braiding and cosmetological establishments to ensure compliance with the statutory requirements and adopted regulations of the Board. This authority extends to any member of the Board or its authorized employees.

      [Part 4:218:1931; A 1933, 237; 1931 NCL § 1862.03]—(NRS A 1981, 1350; 1985, 1627, 1852; 1991, 2055; 2011, 3033; 2013, 2244)

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

      (Added to NRS by 1985, 1680)

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

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

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

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

      NRS 644.110  Regulations.  The Board shall adopt reasonable regulations:

      1.  For carrying out the provisions of this chapter.

      2.  For conducting examinations of applicants for licenses.

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

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

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

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

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

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

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

      6.  For governing the conduct of cosmetological establishments.

      7.  As the Board determines are necessary for governing the conduct of establishments for hair braiding.

      [Part 4:218:1931; A 1933, 237; 1931 NCL § 1862.03]—(NRS A 1969, 881; 1979, 1823; 1981, 1350; 1985, 1628, 1680, 1852; 1987, 1201; 1991, 2055; 2011, 117, 3033)

      NRS 644.120  Regulations governing sanitary conditions.

      1.  The Board may adopt such regulations governing sanitary conditions as it deems necessary with particular reference to the precautions to be employed to prevent the creating or spreading of infectious or contagious diseases in the practice of hair braiding, in establishments for hair braiding, in the practice of a cosmetologist, in cosmetological establishments or schools of cosmetology, in the practice of threading and in any facility in this State in which threading is conducted.

      2.  No regulation governing sanitary conditions thus adopted has any effect until it has been approved by the State Board of Health.

      3.  A copy of all regulations governing sanitary conditions which are adopted must be furnished to each person to whom a license is issued for the conduct of a cosmetological establishment, establishment for hair braiding, school of cosmetology or practice of cosmetology.

      [Part 4:218:1931; A 1933, 237; 1931 NCL § 1862.03]—(NRS A 1981, 1351; 1985, 1628, 1853; 1991, 2056; 2011, 3033)

      NRS 644.130  Record of licenses; disclosure of information.

      1.  The Board shall keep a record containing the name, known place of business, and the date and number of the license of every nail technologist, electrologist, aesthetician, hair designer, hair braider, demonstrator of cosmetics and cosmetologist, together with the names and addresses of all establishments for hair braiding, cosmetological establishments and schools of cosmetology licensed pursuant to this chapter. The record must also contain the facts which the applicants claimed in their applications to justify their licensure.

      2.  The Board may disclose the information contained in the record kept pursuant to subsection 1 to:

      (a) Any other licensing board or agency that is investigating a licensee.

      (b) A member of the general public, except information concerning the home and work address and telephone number of a licensee.

      [Part 4:218:1931; A 1933, 237; 1931 NCL § 1862.03]—(NRS A 1981, 1351; 1985, 1629; 1991, 2056; 1995, 461; 2001, 1192; 2005, 2640; 2009, 2500; 2011, 3034)

      NRS 644.135  Limitations on information that may be included on license or certificate for public display.  The Board shall not include on any license or certificate for public display the residential address of the holder or any other personal information relating to the holder, except the name of the holder and the number of the license or certificate.

      (Added to NRS by 2003, 2531)

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

      1.  Keep a record of its proceedings.

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

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

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

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

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

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

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

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

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

      3.  All orders for payment of money must be drawn on the Treasurer of the Board and countersigned by the President and the Secretary of the Board.

      4.  In a manner consistent with the provisions of chapter 622A of NRS, the Board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines therefor and deposit the money therefrom in banks, credit unions or savings and loan associations in this State.

      5.  If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 4 and the Board deposits the money collected from the imposition of fines with the State Treasurer for credit to the State General Fund, it may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.

      [Part 21:218:1931; A 1933, 237; 1931 NCL § 1862.21]—(NRS A 1963, 161; 1983, 1543; 1999, 1537; 2005, 800)

      NRS 644.180  Revolving fund.  An amount not to exceed $1,000 may be drawn from the Contingent Fund to be used as a revolving fund where cash advances are necessary. Expenditures from the revolving fund must be substantiated by vouchers and itemized statements at the end of each fiscal year, or at any other time when demanded by the Chief of the Budget Division of the Department of Administration.

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

LICENSING AND REGULATION OF AESTHETICIANS, COSMETOLOGISTS, ELECTROLOGISTS, HAIR BRAIDERS HAIR DESIGNERS, NAIL TECHNOLOGISTS, DEMONSTRATORS OF COSMETICS, INSTRUCTORS AND APPRENTICES

      NRS 644.190  Unlawful practices without license; exceptions.

      1.  It is unlawful for any person to conduct or operate a cosmetological establishment, an establishment for hair braiding, a school of cosmetology or any other place of business in which any one or any combination of the occupations of cosmetology are taught or practiced unless the person is licensed in accordance with the provisions of this chapter.

      2.  Except as otherwise provided in subsections 4 and 5, it is unlawful for any person to engage in, or attempt to engage in, the practice of cosmetology or any branch thereof, whether for compensation or otherwise, unless the person is licensed in accordance with the provisions of this chapter.

      3.  This chapter does not prohibit:

      (a) Any student in any school of cosmetology established pursuant to the provisions of this chapter from engaging, in the school and as a student, in work connected with any branch or any combination of branches of cosmetology in the school.

      (b) An electrologist’s apprentice from participating in a course of practical training and study.

      (c) A person issued a provisional license as an instructor pursuant to NRS 644.193 from acting as an instructor and accepting compensation therefor while accumulating the hours of training as a teacher required for an instructor’s license.

      (d) The rendering of cosmetological services by a person who is licensed in accordance with the provisions of this chapter, if those services are rendered in connection with photographic services provided by a photographer.

      (e) A registered cosmetologist’s apprentice from engaging in the practice of cosmetology under the immediate supervision of a licensed cosmetologist.

      4.  A person employed to render cosmetological services in the course of and incidental to the production of a motion picture, television program, commercial or advertisement is exempt from the licensing requirements of this chapter if he or she renders cosmetological services only to persons who will appear in that motion picture, television program, commercial or advertisement.

      5.  A person practicing hair braiding is exempt from the licensing requirements of this chapter applicable to hair braiding if the hair braiding is practiced on a person who is related within the sixth degree of consanguinity and the person does not accept compensation for the hair braiding.

      [Part 3:218:1931; A 1933, 237; 1937, 80; 1931 NCL § 1862.02]—(NRS A 1981, 1351; 1985, 1629, 1853; 1987, 1201; 1989, 1319, 2005; 1991, 2056; 1999, 1152; 2011, 3034)

      NRS 644.191  Reduction of duplication in licensing procedure for applicant who also applies to Board of Massage Therapists to practice massage therapy.

      1.  The State Board of Cosmetology and the Board of Massage Therapists shall, to the extent practicable, reduce duplication in the licensing procedure for a qualified applicant who is applying to the State Board of Cosmetology for a license to practice pursuant to this chapter and who is also applying to the Board of Massage Therapists for a license to practice pursuant to chapter 640C of NRS, if both applications are filed not more than 60 days apart.

      2.  If a qualified applicant submits an application to the Board of Massage Therapists for a license to practice pursuant to chapter 640C of NRS and, not later than 60 days after that application, the applicant also submits an application to the State Board of Cosmetology for a license to practice pursuant to this chapter:

      (a) The applicant is not required to submit a set of fingerprints to the State Board of Cosmetology if the applicant submitted a set of fingerprints with his or her application to the Board of Massage Therapists;

      (b) The State Board of Cosmetology shall request from the Board of Massage Therapists a copy of any reports relating to a background investigation of the applicant;

      (c) Upon receiving such a request, the Board of Massage Therapists shall provide to the State Board of Cosmetology any reports relating to a background investigation of the applicant; and

      (d) The State Board of Cosmetology shall use the reports provided by the Board of Massage Therapists in reviewing the application for a license to practice pursuant to this chapter.

      (Added to NRS by 2005, 1133)

      NRS 644.192  Reduction of duplication in licensing procedure for applicant who also applies to local governmental entity to practice massage therapy.

      1.  The Board and a local governmental entity shall, to the extent practicable, reduce duplication in the licensing procedure for a qualified applicant who is applying to the Board for a license to practice pursuant to this chapter and who is also applying to the local governmental entity for a license to practice massage therapy, if both applications are filed not more than 60 days apart.

      2.  If a qualified applicant submits an application to a local governmental entity for a license to practice massage therapy and, not later than 60 days after that application, the applicant also submits an application to the Board for a license to practice pursuant to this chapter:

      (a) The applicant is not required to submit a set of fingerprints to the Board if the applicant submitted a set of fingerprints with his or her application to the local governmental entity;

      (b) The Board shall request from the local governmental entity a copy of any reports relating to a background investigation of the applicant;

      (c) Upon receiving such a request, the local governmental entity shall provide to the Board any reports relating to a background investigation of the applicant; and

      (d) The Board shall use the reports provided by the local governmental entity in reviewing the application for a license to practice pursuant to this chapter.

      3.  If a qualified applicant submits an application to the Board for a license to practice pursuant to this chapter and, not later than 60 days after that application, the applicant also submits an application to a local governmental entity for a license to practice massage therapy:

      (a) The applicant is not required to submit a set of fingerprints to the local governmental entity if the applicant submitted a set of fingerprints with his or her application to the Board;

      (b) The local governmental entity shall request from the Board a copy of any reports relating to a background investigation of the applicant;

      (c) Upon receiving such a request, the Board shall provide to the local governmental entity any reports relating to a background investigation of the applicant; and

      (d) The local governmental entity shall use the reports provided by the Board in reviewing the application for a license to practice massage therapy, except that the local governmental entity may conduct its own background investigation of the applicant if the local governmental entity deems it to be necessary.

      (Added to NRS by 2005, 2223)

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

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

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

      (b) Has practiced as a full-time licensed cosmetologist, hair designer, hair braider, aesthetician or nail technologist for 1 year and submits written verification of his or her experience;

      (c) Is licensed pursuant to this chapter;

      (d) Applies for a provisional license on a form supplied by the Board;

      (e) Submits two current photographs of himself or herself; and

      (f) Has paid the fee established pursuant to subsection 2.

      2.  The Board shall establish and collect a fee of not less than $40 and not more than $75 for the issuance of a provisional license as an instructor.

      3.  A person issued a provisional license pursuant to this section may act as an instructor for compensation while accumulating the number of hours of training required for an instructor’s license.

      4.  A provisional license as an instructor expires upon accumulation by the licensee of the number of hours of training required for an instructor’s license or 1 year after the date of issuance, whichever occurs first. The Board may grant an extension of not more than 45 days to those provisional licensees who have applied to the Board for examination as instructors and are awaiting examination.

      (Added to NRS by 1989, 1318; A 1991, 2057; 2003, 2531; 2005, 2640, 2854; 2009, 2500; 2011, 3035)

      NRS 644.195  Instructors: Qualifications; fee for license.

      1.  Each instructor must:

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

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

      (c) Have 1 year of experience as a cosmetologist or as a licensed student instructor.

      (d) Have completed 1,000 hours of training as an instructor or 500 hours of training as a licensed provisional instructor in a school of cosmetology.

      (e) Except as otherwise provided in subsection 2, take one or more courses in advanced techniques for teaching or training, approved by the Board, whose combined duration is at least 30 hours during each 2-year period.

      2.  The provisions of paragraph (e) of subsection 1 do not apply to an instructor who is initially licensed not more than 6 months before the renewal date of the license. An instructor who is initially licensed more than 6 months but less than 1 year before the renewal date of the license must take one or more courses specified in paragraph (e) whose combined duration is at least 15 hours during each 2-year period.

      3.  Each instructor shall pay an initial fee for a license of not less than $60 and not more than $90.

      (Added to NRS by 1985, 1850; A 1991, 2057; 2003, 2531; 2005, 2640, 2854; 2009, 2500)

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

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

      (a) Is at least 18 years of age;

      (b) Is of good moral character;

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

      (d) Has received a minimum of 700 hours of training as an instructor or 500 hours of training as a licensed provisional instructor in a licensed school of cosmetology;

      (e) Is licensed as an aesthetician pursuant to this chapter; and

      (f) Has practiced as a full-time licensed aesthetician or as a licensed student instructor for 1 year.

      2.  Except as otherwise provided in subsection 3, an instructor of aestheticians shall complete at least 30 hours of advanced training in a course approved by the Board during each 2-year period of his or her license.

      3.  The provisions of subsection 2 do not apply to an instructor of aestheticians who is initially licensed not more than 6 months before the renewal date of the license. An instructor of aestheticians who is initially licensed more than 6 months but less than 1 year before the renewal date of the license must take one or more courses specified in subsection 2 whose combined duration is at least 15 hours during each 2-year period.

      (Added to NRS by 1987, 1200; A 1991, 2058; 2003, 2532; 2005, 2855; 2009, 2501)

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

      (Added to NRS by 1985, 1626)

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

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

      (a) Is at least 18 years of age;

      (b) Is of good moral character;

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

      (d) Has received a minimum of 500 hours of training as an instructor or as a licensed provisional instructor in a licensed school of cosmetology;

      (e) Is licensed as a nail technologist pursuant to this chapter; and

      (f) Has practiced as a full-time licensed nail technologist or as a licensed student instructor for 1 year.

      2.  Except as otherwise provided in subsection 3, an instructor in nail technology shall complete at least 30 hours of advanced training in a course approved by the Board during each 2-year period of his or her license.

      3.  The provisions of subsection 2 do not apply to an instructor in nail technology who is initially licensed not more than 6 months before the renewal date of the license. An instructor in nail technology who is initially licensed more than 6 months but less than 1 year before the renewal date of the license must take one or more courses specified in subsection 2 whose combined duration is at least 15 hours during each 2-year period.

      (Added to NRS by 1985, 1626; A 1987, 1202; 1991, 2058; 2003, 2532; 2005, 2855; 2009, 2501, 2502)

      NRS 644.199  Student instructors: Qualifications; fee for license; scope of practice; expiration and extension of license.

      1.  The Board shall grant a license as a student instructor to a person who:

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

      (b) Is enrolled in a program to prepare student instructors in a school of cosmetology if:

             (1) The program is certified by the Board; and

             (2) The program requires that the student instructor is supervised by an instructor who is licensed;

      (c) Is licensed pursuant to this chapter;

      (d) Applies for a license as a student instructor on a form provided by the Board;

      (e) Submits two current photographs of himself or herself; and

      (f) Has paid the fee established pursuant to subsection 2.

      2.  The Board shall establish and collect a fee of not less than $25 or more than $40 for the issuance of a license as a student instructor.

      3.  A person issued a license as a student instructor pursuant to this section:

      (a) Must be supervised by an instructor who is licensed; and

      (b) May act as an instructor for compensation and work experience credit while accumulating the number of hours of training required for an instructor’s license.

      4.  A license as a student instructor expires upon accumulation by the licensee of the number of hours of training required for an instructor’s license or after full-time employment as a student instructor for 1 year, whichever occurs later. The Board may grant an extension of not more than 45 days to those student instructor licensees who have applied to the Board for examination as instructors and are awaiting examination.

      (Added to NRS by 2005, 2853)

      NRS 644.200  Cosmetologists: Qualifications for examination.  The Board shall admit to examination for a license as a cosmetologist, at any meeting of the Board held to conduct examinations, any person who has made application to the Board in proper form and paid the fee, and who before or on the date of the examination:

      1.  Is not less than 18 years of age.

      2.  Is of good moral character.

      3.  Is a citizen of the United States or is lawfully entitled to remain and work in the United States.

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

      5.  Has had any one of the following:

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

      (b) Practice of the occupation of a cosmetologist for a period of 4 years outside this State.

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

      (d) Completion of at least 3,600 hours of service as a cosmetologist’s apprentice in a licensed cosmetological establishment in which all of the occupations of cosmetology are practiced. The required hours must have been completed during the period of validity of the certificate of registration as a cosmetologist’s apprentice issued to the person pursuant to NRS 644.217.

      [6:218:1931; A 1933, 237; 1931 NCL § 1862.05]—(NRS A 1960, 310; 1963, 269; 1977, 163; 1979, 1824; 1981, 1352; 1985, 1629; 1987, 906, 1202; 1999, 1153; 2005, 2641; 2011, 3035)

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

      1.  Is not less than 18 years of age.

      2.  Is of good moral character.

      3.  Is a citizen of the United States or is lawfully entitled to remain and work in the United States.

      4.  Has successfully completed the 12th grade in school or its equivalent.

      5.  Has or has completed any one of the following:

      (a) A minimum training of 500 hours under the immediate supervision of an approved electrologist in an approved school in which the practice is taught.

      (b) Study of the practice for at least 1,000 hours extending over a period of 5 consecutive months, under an electrologist licensed pursuant to this chapter, in an approved program for electrologist’s apprentices.

      (c) A valid electrologist’s license issued by a state whose licensing requirements are equal to or greater than those of this State.

      (d) Either training or practice, or a combination of training and practice, in electrology outside this State for a period specified by regulations of the Board.

      (Added to NRS by 1960, 311; A 1963, 270; 1977, 163; 1979, 1824; 1981, 1352; 1985, 1630; 1987, 1069; 2011, 3036)

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

      1.  Is not less than 18 years of age.

      2.  Is of good moral character.

      3.  Is a citizen of the United States or is lawfully entitled to remain and work in the United States.

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

      5.  Has had at least one of the following:

      (a) Training of at least 1,200 hours, extending over a period of 7 consecutive months, in a school of cosmetology approved by the Board.

      (b) Practice of the occupation of hair designing for at least 4 years outside this State.

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

      (Added to NRS by 1995, 461; A 2011, 3036)

      NRS 644.205  Nail technologists: Qualifications for examination.  The Board shall admit to examination for a license as a nail technologist any person who has made application to the Board in proper form, paid the fee and who, before or on the date of the examination:

      1.  Is not less than 18 years of age.

      2.  Is of good moral character.

      3.  Is a citizen of the United States or is lawfully entitled to remain and work in the United States.

      4.  Has successfully completed the 10th grade in school or its equivalent.

      5.  Has had any one of the following:

      (a) Practical training of at least 600 hours under the immediate supervision of a licensed instructor in a licensed school of cosmetology in which the practice is taught.

      (b) Practice as a full-time licensed nail technologist for 1 year outside the State of Nevada.

      (Added to NRS by 1960, 312; A 1963, 271; 1977, 164; 1981, 1353; 1985, 1630; 2009, 2502; 2011, 3036)

      NRS 644.206  Demonstrator of cosmetics: Qualifications for examination.  The Board shall admit to examination for a license as a demonstrator of cosmetics any person who has made application to the Board in proper form, paid the fee and:

      1.  Is at least 18 years of age;

      2.  Is of good moral character;

      3.  Is a citizen of the United States or is lawfully entitled to remain and work in the United States;

      4.  Has completed a course provided by the Board relating to sanitation; and

      5.  Except as otherwise provided in NRS 622.090, has received a score of not less than 75 percent on the examination administered by the Board.

      (Added to NRS by 2001, 1190; A 2007, 2957; 2011, 3037)

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

      1.  Is at least 18 years of age;

      2.  Is of good moral character;

      3.  Is a citizen of the United States or is lawfully entitled to remain and work in the United States;

      4.  Has successfully completed the 10th grade in school or its equivalent; and

      5.  Has received a minimum of 900 hours of training, which includes theory, modeling and practice, in a licensed school of cosmetology or who has practiced as a full-time licensed aesthetician for at least 1 year.

      (Added to NRS by 1981, 1347; A 1985, 1631; 2009, 2503; 2011, 3037)

      NRS 644.208  Hair braiders: General qualifications for examination.

      1.  The Board shall admit to examination as a hair braider, at any meeting of the Board held to conduct examinations, each person who has applied to the Board in proper form and paid the fee, and who:

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

      (b) Is of good moral character.

      (c) Is a citizen of the United States or is lawfully entitled to remain and work in the United States.

      (d) Has successfully completed the 10th grade in school or its equivalent and has submitted to the Board a notarized affidavit establishing the successful completion by the applicant of the 10th grade or its equivalent. Testing for equivalency must be pursuant to state or federal requirements.

      (e) If the person has not practiced hair braiding previously:

             (1) Has completed a minimum of 250 hours of training and education as follows:

                   (I) Fifty hours concerning the laws of Nevada and the regulations of the Board relating to cosmetology;

                   (II) Seventy-five hours concerning infection control and sanitation;

                   (III) Seventy-five hours regarding the health of the scalp and the skin of the human body; and

                   (IV) Fifty hours of clinical practice; and

             (2) Has passed the practical demonstration in hair braiding and written tests described in NRS 644.248.

      (f) If the person has practiced hair braiding in this State on a person who is related within the sixth degree of consanguinity without a license and without charging a fee:

             (1) Has submitted to the Board a signed affidavit stating that the person has practiced hair braiding for at least 1 year on such a relative; and

             (2) Has passed the practical demonstration in hair braiding and written tests described in NRS 644.248.

      2.  The application submitted pursuant to subsection 1 must be accompanied by:

      (a) Two current photographs of the applicant which are 1 1/2 by 1 1/2 inches. The name and address of the applicant must be written on the back of each photograph.

      (b) A copy of one of the following documents as proof of the age of the applicant:

             (1) A driver’s license or identification card issued to the applicant by this State or another state, the District of Columbia or any territory of the United States;

             (2) The birth certificate of the applicant;

             (3) The current passport issued to the applicant; or

             (4) A voter registration card issued to the applicant pursuant to NRS 293.517.

      (Added to NRS by 2011, 3029)

      NRS 644.209  Hair braiders: Qualifications for examination for person who has practiced hair braiding in another state.

      1.  The Board shall admit to examination as a hair braider, at any meeting of the Board held to conduct examinations, each person who has practiced hair braiding in another state, has applied to the Board in proper form and paid a fee of $200, and who:

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

      (b) Is of good moral character.

      (c) Is a citizen of the United States or is lawfully entitled to remain and work in the United States.

      (d) Has successfully completed the 10th grade in school or its equivalent and has submitted to the Board a notarized affidavit establishing the successful completion by the applicant of the 10th grade or its equivalent. Testing for equivalency must be pursuant to state or federal requirements.

      (e) If the person has practiced hair braiding in another state in accordance with a license issued in that other state:

             (1) Has submitted to the Board proof of the license; and

             (2) Has passed the written tests described in NRS 644.248.

      (f) If the person has practiced hair braiding in another state without a license and it is legal in that state to practice hair braiding without a license:

             (1) Has submitted to the Board a signed affidavit stating that the person has practiced hair braiding for at least 1 year; and

             (2) Has passed the practical demonstration in hair braiding and written tests described in NRS 644.248.

      2.  The application submitted pursuant to subsection 1 must be accompanied by:

      (a) Two current photographs of the applicant which are 1 1/2 by 1 1/2 inches. The name and address of the applicant must be written on the back of each photograph.

      (b) A copy of one of the following documents as proof of the age of the applicant:

             (1) A driver’s license or identification card issued to the applicant by this State or another state, the District of Columbia or any territory of the United States;

             (2) The birth certificate of the applicant;

             (3) The current passport issued to the applicant; or

             (4) A voter registration card issued to the applicant pursuant to NRS 293.517.

      (Added to NRS by 2011, 3030)

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

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

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

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

      NRS 644.214  Payment of child support: Submission of certain information by applicant; grounds for denial of license or evidence of registration; duty of Board. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  In addition to any other requirements set forth in this chapter:

      (a) An applicant for the issuance of a license or evidence of registration issued pursuant to NRS 644.190 to 644.330, inclusive, shall include the social security number of the applicant in the application submitted to the Board.

      (b) An applicant for the issuance or renewal of a license or evidence of registration issued pursuant to NRS 644.190 to 644.330, inclusive, shall submit to the Board the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

      2.  The Board shall include the statement required pursuant to subsection 1 in:

      (a) The application or any other forms that must be submitted for the issuance or renewal of the license or evidence of registration; or

      (b) A separate form prescribed by the Board.

      3.  A license or evidence of registration may not be issued or renewed by the Board pursuant to NRS 644.190 to 644.330, inclusive, if the applicant:

      (a) Fails to submit the statement required pursuant to subsection 1; or

      (b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      (Added to NRS by 1997, 2161; A 1999, 1154; 2001, 1192; 2005, 2225, 2771, 2807, 2808, 2811)

      NRS 644.214  Payment of child support: Submission of certain information by applicant; grounds for denial of license or evidence of registration; duty of Board. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings and expires by limitation 2 years after that date.]

      1.  In addition to any other requirements set forth in this chapter, an applicant for the issuance or renewal of a license or evidence of registration issued pursuant to NRS 644.190 to 644.330, inclusive, shall submit to the Board the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

      2.  The Board shall include the statement required pursuant to subsection 1 in:

      (a) The application or any other forms that must be submitted for the issuance or renewal of the license or evidence of registration; or

      (b) A separate form prescribed by the Board.

      3.  A license or evidence of registration may not be issued or renewed by the Board pursuant to NRS 644.190 to 644.330, inclusive, if the applicant:

      (a) Fails to submit the statement required pursuant to subsection 1; or

      (b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      (Added to NRS by 1997, 2161; A 1999, 1154; 2001, 1192; 2005, 2225, 2771, 2772, 2807, 2808, 2811, effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)

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

      (Added to NRS by 1985, 1850)

      NRS 644.217  Cosmetologist’s apprentice: Application for certificate of registration; waiver; fee; expiration and renewal of certificate of registration.

      1.  The Board may issue a certificate of registration as a cosmetologist’s apprentice to a person if:

      (a) The person is required to travel more than 60 miles from his or her place of residence to attend a licensed school of cosmetology; and

      (b) The training of the person as a cosmetologist’s apprentice will be conducted at a licensed cosmetological establishment that is located 60 miles or more from a licensed school of cosmetology.

      2.  The Board may, for good cause shown, waive the requirements of subsection 1 for a particular applicant.

      3.  An applicant for a certificate of registration as a cosmetologist’s apprentice must submit an application to the Board on a form prescribed by the Board. The application must be accompanied by a fee of $100 and must include:

      (a) A statement signed by the licensed cosmetologist who will be supervising and training the cosmetologist’s apprentice which states that the licensed cosmetologist has been licensed by the Board to practice cosmetology in this State for not less than 3 years immediately preceding the date of the application and that his or her license has been in good standing during that period;

      (b) A statement signed by the owner of the licensed cosmetological establishment where the applicant will be trained which states that the owner will permit the applicant to be trained as a cosmetologist’s apprentice at the cosmetological establishment; and

      (c) Such other information as the Board may require by regulation.

      4.  A certificate of registration as a cosmetologist’s apprentice is valid for 2 years after the date on which it is issued and may be renewed by the Board upon good cause shown.

      (Added to NRS by 1999, 1150; A 2001, 1997; 2009, 2503)

      NRS 644.2175  Cosmetologist’s apprentice: Display of certificate of registration; conditions and limitations on employment and training; records; status and duties of licensees involved in training; regulations.

      1.  A cosmetologist’s apprentice shall display the certificate of registration issued to him or her by the Board or a duplicate of the certificate of registration in plain view of the public at the position where the cosmetologist’s apprentice is being trained. The cosmetologist’s apprentice, the licensed cosmetologist supervising and training the cosmetologist’s apprentice, and the owner of the cosmetological establishment where the cosmetologist’s apprentice is being trained shall not advertise or hold the cosmetologist’s apprentice out as being a licensed cosmetologist, or use any title or abbreviation that would indicate that the cosmetologist’s apprentice is a licensed cosmetologist.

      2.  To receive credit for an apprenticeship, a cosmetologist’s apprentice must be regularly employed during his or her training by:

      (a) The cosmetological establishment where the cosmetologist’s apprentice is being trained; or

      (b) If the cosmetologist’s apprentice is being supervised and trained by a licensed cosmetologist who is leasing space in a cosmetological establishment, the licensed cosmetologist.

      3.  Not more than one cosmetologist’s apprentice may be employed at any time at a licensed cosmetological establishment.

      4.  A licensed cosmetologist who is supervising and training a cosmetologist’s apprentice shall:

      (a) Supervise all work done by the cosmetologist’s apprentice; and

      (b) Be in attendance at all times that the cosmetologist’s apprentice is engaged in the practice of cosmetology.

      5.  A licensed cosmetologist who is supervising and training a cosmetologist’s apprentice shall keep a daily record of the training that is provided to the cosmetologist’s apprentice. The licensed cosmetologist shall:

      (a) Keep the daily records at the cosmetological establishment where the cosmetologist’s apprentice is being trained and, upon the request of the Board, make the daily records available to the Board; and

      (b) Submit a copy of the records to the Board at such regular intervals as the Board may require by regulation.

      6.  For the purposes of this chapter:

      (a) A licensed cosmetologist is not required to obtain a license from the Board as an instructor to train a cosmetologist’s apprentice pursuant to this section and NRS 644.217, and the licensed cosmetologist is not subject to regulation as an instructor because he or she provides such training.

      (b) A licensed cosmetological establishment which employs a cosmetologist’s apprentice or at which a cosmetologist’s apprentice is being trained is not subject to regulation as a school of cosmetology because the cosmetologist’s apprentice is being trained at the cosmetological establishment.

      7.  The Board may adopt:

      (a) Regulations relating to the qualifications of a licensed cosmetologist to supervise and train a cosmetologist’s apprentice;

      (b) Regulations relating to the procedures and subject matter that must be included in the training of a cosmetologist’s apprentice;

      (c) Regulations relating to the training of a cosmetologist’s apprentice to verify the number of hours of training received by the cosmetologist’s apprentice; and

      (d) Such other regulations as the Board determines necessary to carry out the provisions of this section and NRS 644.217.

      (Added to NRS by 1999, 1151; A 2013, 625)

      NRS 644.220  Examination and reexamination: Fees and charges.

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

      (a) For examination as a cosmetologist, not less than $75 and not more than $200.

      (b) For examination as an electrologist, not less than $75 and not more than $200.

      (c) For examination as a hair designer, not less than $75 and not more than $200.

      (d) For examination as a hair braider, $110.

      (e) For examination as a nail technologist, not less than $75 and not more than $200.

      (f) For examination as an aesthetician, not less than $75 and not more than $200.

      (g) For examination as an instructor of aestheticians, hair designers, cosmetology or nail technology, not less than $75 and not more than $200.

      2.  Except as otherwise provided in this subsection, the fee for each reexamination is not less than $75 and not more than $200. The fee for reexamination as a hair braider is $110.

      3.  In addition to the fee for an application, the fee for examination or reexamination as a demonstrator of cosmetics is $75.

      4.  Each applicant referred to in subsections 1 and 3 shall, in addition to the fees specified therein, pay the reasonable value of all supplies necessary to be used in the examination.

      [Part 13:218:1931; A 1933, 237; 1939, 242; 1953, 150]—(NRS A 1960, 312; 1979, 1824; 1981, 1353; 1985, 1631, 1855; 1987, 1203; 1995, 462; 2001, 1193; 2005, 2641; 2009, 2503; 2011, 3037)

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

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

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

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

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

      NRS 644.235  Examinations provided in English language; examination in Spanish language upon request; request for translated examination; fee.

      1.  The Board:

      (a) Shall provide examinations for licensure as a cosmetologist in English and, upon the request of an applicant for licensure as a cosmetologist, in Spanish; and

      (b) May provide examinations for licensure as a cosmetologist in any other language upon the request of an applicant, if the Board determines that providing the examination in that language is in the best interests of the public.

      2.  A request for an examination for licensure as a cosmetologist to be translated into a language other than English or Spanish must be filed with the Board by the applicant making the request at least 90 days before the scheduled examination. The Board shall keep all such requests on file.

      3.  The Board shall impose a fee upon the applicants who file requests for an examination for licensure as a cosmetologist to be translated into a language other than English or Spanish. The fee must be sufficient to ensure that the applicants bear the full cost for the development, preparation, administration, grading and evaluation of the translated examination. The fee is in addition to all other fees that must be paid by applicants for the examination for licensure as a cosmetologist.

      4.  In determining whether it is in the best interests of the public to translate an examination for licensure as a cosmetologist into a language other than English or Spanish, the Board shall consider the percentage of the population within this State whose native language is the language for which the translated examination is sought.

      (Added to NRS by 2001, 1520; A 2005, 2642)

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

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

      2.  Written or oral tests on:

      (a) Antisepsis, sterilization and sanitation;

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

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

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

      [Part 8:218:1931; A 1933, 237; 1937, 80; 1931 NCL § 1862.07]—(NRS A 1960, 313; 1973, 737; 1981, 1354; 1985, 1632; 2001, 1193; 2009, 2504)

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

      1.  Practical demonstrations in the permanent removal of hair;

      2.  Written and oral tests on:

      (a) Antisepsis, sterilization and sanitation;

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

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

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

      (Added to NRS by 1985, 1626)

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

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

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

      (a) Antisepsis, sterilization and sanitation;

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

      (c) The laws of this State and the regulations of the Board relating to the practice of cosmetology; and

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

      (Added to NRS by 1995, 461)

      NRS 644.245  Nail technologists: Scope of examination.  The examination for a license as a nail technologist may include:

      1.  Practical demonstrations in nail technology, pedicuring or the wrapping or extension of nails;

      2.  Written and oral tests on:

      (a) Antisepsis, sterilization and sanitation;

      (b) The use of mechanical apparatus and electricity in caring for the nails; and

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

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

      (Added to NRS by 1985, 1625; A 2009, 2504)

      NRS 644.246  Demonstrator of cosmetics: Scope of examination.  The examination for a license as a demonstrator of cosmetics:

      1.  Must include a written or oral test relating to sanitation; and

      2.  May include such other demonstrations and tests as the Board may require.

      (Added to NRS by 2001, 1191)

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

      1.  Practical demonstrations in facial massage, cosmetics or arching the eyebrow;

      2.  Written and oral tests on:

      (a) Antisepsis, sterilization and sanitation;

      (b) The use of mechanical apparatus and electricity in the care of skin; and

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

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

      (Added to NRS by 1985, 1625; A 2001, 1193)

      NRS 644.248  Hair braiders: Scope of examination.

      1.  The examination for licensure as a hair braider pursuant to paragraph (e) of subsection 1 of NRS 644.209 must include:

      (a) A written test on antisepsis, sterilization and sanitation; and

      (b) A written test on the laws of Nevada and the regulations of the Board relating to cosmetology.

      2.  The examination for licensure as a hair braider pursuant to NRS 644.208 or paragraph (f) of subsection 1 of NRS 644.209 must include:

      (a) The written tests described in subsection 1; and

      (b) A practical demonstration in hair braiding.

      (Added to NRS by 2011, 3031)

      NRS 644.260  Issuance of licenses.  The Board shall issue a license as a cosmetologist, aesthetician, electrologist, hair designer, hair braider, nail technologist, demonstrator of cosmetics or instructor to each applicant who:

      1.  Passes a satisfactory examination, conducted by the Board to determine his or her fitness to practice that occupation of cosmetology; and

      2.  Complies with such other requirements as are prescribed in this chapter for the issuance of the license.

      [Part 9:218:1931; A 1933, 237; 1931 NCL § 1862.08]—(NRS A 1960, 313; 1981, 1354; 1985, 1632; 1995, 462; 1997, 2162; 2001, 1193; 2005, 2807; 2009, 2504; 2011, 3038)

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

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

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

      1.  Every license issued by the Board must be signed by the President and attested by the Secretary and must bear the Board’s seal.

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

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

      NRS 644.290  Display of license.

      1.  The holder of a license issued by the Board to practice any branch of cosmetology must display his or her current license or a duplicate of the license in plain view of the public at the position where the holder of the license performs his or her work.

      2.  If a person practices cosmetology in more than one place, the person shall carry his or her license or a duplicate of the license with him or her and display the license or duplicate wherever he or she is actually working.

      [Part 18:218:1931; 1931 NCL § 1862.18]—(NRS A 1981, 1354; 1985, 1633; 1987, 1069; 1991, 2058; 2013, 626)

      NRS 644.295  Duplicate license; fee.

      1.  A person licensed pursuant to this chapter:

      (a) Shall obtain a duplicate of that license if the:

             (1) Original was destroyed, misplaced or mutilated; or

             (2) Name or address of the licensee has changed; or

      (b) May obtain a duplicate of that license if required by the person for any other reason.

      2.  To obtain a duplicate license a person must:

      (a) File an affidavit with the Board, on the form prescribed by the Board, which states that, if the person is required to obtain the duplicate pursuant to paragraph (a) of subsection 1, the original license was destroyed, misplaced or mutilated or that the person’s name or address has changed or, if the person is requesting the duplicate pursuant to paragraph (b) of subsection 1, that the duplicate is required by the person for a reason other than a reason set forth in paragraph (a) of subsection 1; and

      (b) Pay a fee of $25.

      (Added to NRS by 1981, 1348; A 1985, 1633; 1991, 2058; 2005, 2642; 2013, 627)

      NRS 644.300  Notice to Secretary of change of location.  Every licensed nail technologist, electrologist, aesthetician, hair designer, hair braider, demonstrator of cosmetics or cosmetologist shall, within 30 days after changing his or her place of business, as designated in the records of the Board, notify the Secretary of the Board of the new place of business. Upon receipt of the notification, the Secretary shall make the necessary change in the records.

      [Part 18:218:1931; 1931 NCL § 1862.18]—(NRS A 1960, 313; 1981, 1354; 1985, 1633; 1995, 462; 2001, 1194; 2009, 2505; 2011, 3038)

      NRS 644.310  Requirements for licensing of person licensed in another state or territory or District of Columbia.  Except as otherwise provided in NRS 644.209, upon application to the Board, accompanied by a fee of $200, a person currently licensed in any branch of cosmetology under the laws of another state or territory of the United States or the District of Columbia may, without examination, unless the Board sees fit to require an examination, be granted a license to practice the occupation in which the applicant was previously licensed upon proof satisfactory to the Board that the applicant:

      1.  Is not less than 18 years of age.

      2.  Is of good moral character.

      3.  Is a citizen of the United States or is lawfully entitled to remain and work in the United States.

      4.  Has successfully completed a nationally recognized written examination in this State or in the state or territory or the District of Columbia in which he or she is licensed.

      5.  Is currently licensed in another state or territory or the District of Columbia.

      [12:218:1931; 1931 NCL § 1862.11]—(NRS A 1960, 313; 1971, 241; 1977, 164; 1979, 1825; 1981, 1354; 1985, 1633; 1999, 1155; 2005, 2642; 2011, 3038)

      NRS 644.315  Requirements for issuance and renewal of limited license for person licensed in another state or territory or District of Columbia.

      1.  The Board may, without examination, issue a limited license to a person currently licensed as a cosmetologist in another state or territory of the United States or the District of Columbia who intends to practice cosmetology in this State in the limited manner set forth in this section.

      2.  A limited license issued pursuant to this section authorizes the holder of the limited license to practice cosmetology in this State:

      (a) In a resort hotel and in other types of locations the Board designates by regulation; and

      (b) For not more than five periods, of not more than 10 days each, during any 1-year period for which the license is issued or renewed.

      3.  To apply for a limited license pursuant to this section, an applicant must submit to the Board:

      (a) An application which includes the name of the applicant and the number or other designation identifying the applicant’s license from the other jurisdiction;

      (b) Any other information required by the Board; and

      (c) An application fee of $100.

      4.  The Board may issue a limited license pursuant to this section for not more than 1 year and may renew the limited license annually. A limited license expires 1 year after its date of issuance.

      5.  A holder of a limited license may renew the limited license on or before the date of its expiration. To renew the limited license, the holder must:

      (a) Apply to the Board for renewal; and

      (b) Submit an annual renewal fee of $100.

      6.  Not less than 5 days before practicing cosmetology in this State pursuant to a limited license, the holder of a limited license shall notify the Board in writing of the holder’s intention to practice cosmetology in this State. The notice must specify:

      (a) The name and limited license number of the holder;

      (b) The specific dates on which the holder will be practicing cosmetology in this State; and

      (c) The name and address of the location at which the holder will be practicing cosmetology in this State.

      7.  A holder of a limited license is subject to the regulatory and disciplinary authority of the Board to the same extent as any other licensed cosmetologist for all acts relating to the practice of cosmetology which occur in this State.

      8.  The Board:

      (a) Shall designate by regulation the types of locations, in addition to a resort hotel, at which a holder of a limited license may practice cosmetology in this State under a limited license.

      (b) May adopt any other regulations as are necessary to carry out the provisions of this section.

      9.  As used in this section, “resort hotel” has the meaning ascribed to it in NRS 463.01865.

      (Added to NRS by 2005, 2224)

      NRS 644.320  Expiration of license; regulations for proration of fees for certain initial licenses; fee for initial license as hair braider.

      1.  The license of every cosmetologist, aesthetician, electrologist, hair designer, hair braider, nail technologist, demonstrator of cosmetics and instructor expires:

      (a) If the last name of the licensee begins with the letter “A” through the letter “M,” on the date of birth of the licensee in the next succeeding odd-numbered year or such other date in that year as specified by the Board.

      (b) If the last name of the licensee begins with the letter “N” through the letter “Z,” on the date of birth of the licensee in the next succeeding even-numbered year or such other date in that year as specified by the Board.

      2.  The Board shall adopt regulations governing the proration of the fee required for initial licenses, other than initial licenses as a hair braider, issued for less than 1 1/2 years.

      3.  Except as otherwise provided in this section, the fee for an initial license as a hair braider is $70. The fee for an initial license as a hair braider issued by the Board for:

      (a) At least a portion of 1 month but less than 6 months is $17.50.

      (b) Six months or more but less than 12 months is $35.00.

      (c) Twelve months or more but less than 18 months is $52.50.

      [Part 14:218:1931; A 1933, 237; 1953, 150]—(NRS A 1960, 314; 1971, 242; 1979, 1825; 1981, 1355; 1985, 1857; 1991, 2059; 1995, 462; 2001, 1194; 2005, 2643, 2855; 2007, 2957; 2009, 2505; 2011, 3038)

      NRS 644.325  Renewal of license: Application; fees; penalties for late renewal; photographs; instruction relating to infection control.

      1.  An application for renewal of any license issued pursuant to this chapter must be:

      (a) Made on a form prescribed and furnished by the Board;

      (b) Made on or before the date for renewal specified by the Board;

      (c) Accompanied by the fee for renewal; and

      (d) Accompanied by all information required to complete the renewal.

      2.  The fees for renewal are:

      (a) For nail technologists, electrologists, aestheticians, hair designers, demonstrators of cosmetics and cosmetologists, not less than $50 and not more than $100.

      (b) For hair braiders, $70.

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

      (d) For cosmetological establishments, not less than $100 and not more than $200.

      (e) For establishments for hair braiding, $70.

      (f) For schools of cosmetology, not less than $500 and not more than $800.

      3.  For each month or fraction thereof after the date for renewal specified by the Board in which a license is not renewed, there must be assessed and collected at the time of renewal a penalty of $50 for a school of cosmetology and $20 for an establishment for hair braiding, a cosmetological establishment and all persons licensed pursuant to this chapter.

      4.  An application for the renewal of a license as a cosmetologist, hair designer, hair braider, aesthetician, electrologist, nail technologist, demonstrator of cosmetics or instructor must be accompanied by two current photographs of the applicant which are 1 1/2 by 1 1/2 inches. The name and address of the applicant must be written on the back of each photograph.

      5.  Before a person applies for the renewal of a license on or after January 1, 2011, as a cosmetologist, hair designer, hair braider, aesthetician, electrologist, nail technologist or demonstrator of cosmetics, the person must complete at least 4 hours of instruction relating to infection control in a professional course or seminar approved by the Board.

      (Added to NRS by 1985, 1850; A 1987, 1070; 1991, 2059; 1995, 462; 1997, 2162; 2001, 1194; 2005, 2643, 2773, 2807; 2009, 2505; 2011, 3039)

      NRS 644.330  Renewal of license after expiration; restoration after retirement.

      1.  A nail technologist, electrologist, aesthetician, hair designer, hair braider, cosmetologist, demonstrator of cosmetics or instructor whose license has expired may have his or her license renewed only upon payment of all required fees and submission of all information required to complete the renewal.

      2.  Any nail technologist, electrologist, aesthetician, hair designer, hair braider, cosmetologist, demonstrator of cosmetics or instructor who retires from practice for more than 1 year may have his or her license restored only upon payment of all required fees and submission of all information required to complete the restoration.

      3.  No nail technologist, electrologist, aesthetician, hair designer, hair braider, cosmetologist, demonstrator of cosmetics or instructor who has retired from practice for more than 4 years may have his or her license restored without examination and must comply with any additional requirements established in regulations adopted by the Board.

      [Part 14:218:1931; A 1933, 237; 1953, 150]—(NRS A 1960, 314; 1981, 1355; 1985, 1634; 1991, 2059; 1995, 463; 1997, 2163; 2001, 1194; 2005, 2773, 2807; 2009, 2506; 2011, 3039)

REGISTRATION RELATING TO PRACTICE OF THREADING

      NRS 644.331  Registration of natural persons engaged in practice of threading and owners and operators of facilities in which natural persons engage in practice of threading; inspection of facilities by Board.

      1.  Each natural person who engages in the practice of threading and each owner or operator of a kiosk or other stand-alone facility in which a natural person engages in the practice of threading shall, on or before January 1 of each year, register with the Board on a form prescribed by the Board. The registration must include:

      (a) The name, address and telephone number of the person, owner or operator; and

      (b) Any other information relating to the practice of the person or the operation of the kiosk or other facility required by the Board. The Board shall not charge a fee for registering a person, owner or operator pursuant to this subsection.

      2.  The Board may, during regular business hours, inspect any facility in this State in which threading is conducted.

      (Added to NRS by 2009, 2498)

COSMETOLOGICAL ESTABLISHMENTS

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

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

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

      3.  The fee for a license for a cosmetological establishment is $200. The fee for the initial inspection is $15. If an additional inspection is necessary, the fee is $25.

      [Part 16:218:1931; A 1933, 237; 1953, 150] + [Part 17:218:1931; A 1933, 237; 1953, 150]—(NRS A 1960, 314; 1971, 239; 1979, 1826; 1981, 1355; 1985, 1634, 1858; 1987, 731; 1991, 2060; 1999, 1155; 2005, 2644)

      NRS 644.345  Notice of change of ownership, name, services offered or location; new license and fees; approval of changes in physical structure of establishment by Board.

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

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

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

      NRS 644.350  Expiration of license.

      1.  The license of every cosmetological establishment expires 2 years after the date of issuance or renewal of the license.

      2.  If a cosmetological establishment fails to pay the required fee for renewal of its license within 90 days after the date of expiration of the license, the establishment must be immediately closed.

      [Part 16:218:1931; A 1933, 237; 1953, 150] + [Part 17:218:1931; A 1933, 237; 1953, 150]—(NRS A 1971, 239; 1981, 1356; 1985, 1634, 1858; 1987, 1070; 2007, 2958; 2011, 3040)

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

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

      2.  Except as otherwise provided in this section, the operator of a cosmetological establishment may lease space to or employ only licensed nail technologists, electrologists, aestheticians, hair designers, demonstrators of cosmetics and cosmetologists at the establishment to provide cosmetological services. This subsection does not prohibit an operator of a cosmetological establishment from:

      (a) Leasing space to or employing a barber. Such a barber remains under the jurisdiction of the State Barbers’ Health and Sanitation Board and remains subject to the laws and regulations of this State applicable to his or her business or profession.

      (b) Leasing space to any other professional, including, without limitation, a provider of health care pursuant to subsection 3. Each such professional remains under the jurisdiction of the regulatory body which governs his or her business or profession and remains subject to the laws and regulations of this State applicable to such business or profession.

      3.  The operator of a cosmetological establishment may lease space at the cosmetological establishment to a provider of health care for the purpose of providing health care within the scope of his or her practice. The provider of health care shall not use the leased space to provide such health care at the same time a cosmetologist uses that space to engage in the practice of cosmetology. A provider of health care who leases space at a cosmetological establishment pursuant to this subsection remains under the jurisdiction of the regulatory body which governs his or her business or profession and remains subject to the laws and regulations of this State applicable to such business or profession.

      4.  As used in this section:

      (a) “Provider of health care” means a person who is licensed, certified or otherwise authorized by the law of this State to administer health care in the ordinary course of business or practice of a profession.

      (b) “Space” includes, without limitation, a separate room in the cosmetological establishment.

      [Part 18:218:1931; 1931 NCL § 1862.18]—(NRS A 1971, 1119; 1985, 1626, 1859; 1987, 1070; 1991, 2060; 1995, 463; 2001, 1195; 2003, 2533; 2005, 2644, 2856; 2009, 2506; 2013, 627)

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

      1.  Employees of the owner of the enterprise; or

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

      (Added to NRS by 1985, 1626)

      NRS 644.370  Supervision by licensed person.  A cosmetological establishment must, at all times, be under the immediate supervision of a licensed nail technologist, electrologist, aesthetician, hair designer or cosmetologist.

      [Part 17:218:1931; A 1933, 237; 1953, 150]—(NRS A 1981, 1356; 1985, 1859; 1995, 463; 2009, 2507)

      NRS 644.375  Food and beverage sales.  Food or beverages for immediate consumption may be sold in a cosmetological establishment.

      (Added to NRS by 2001, 1191; A 2003, 2533)

ESTABLISHMENTS FOR HAIR BRAIDING

      NRS 644.377  Application for license; verbal review; issuance and activation of license; on-site inspection; fees.

      1.  Any person wishing to operate an establishment for hair braiding must apply to the Board for a license, through the owner, manager or person in charge, upon forms prepared and furnished by the Board. Each application must contain a detailed floor plan of the proposed establishment for hair braiding and proof of any particular requisites for a license provided for in this chapter, and must be verified by the oath of the maker.

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

      3.  The fee for a license for an establishment for hair braiding is $200. The fee for the initial inspection is $15. If an additional inspection is necessary, the fee is $25.

      (Added to NRS by 2011, 3031)

      NRS 644.3772  Notice of change of ownership, name, services offered or location; new license and fees; approval of changes in physical structure of establishment by Board.

      1.  The Board must be notified of any change of ownership, name, services offered or location of an establishment for hair braiding. The establishment may not be operated after the change until a new license is issued. The owner of the establishment must apply to the Board for the license and pay the fees established pursuant to subsection 3 of NRS 644.377.

      2.  After a license has been issued for the operation of an establishment for hair braiding, any changes in the physical structure of the establishment must be approved by the Board.

      (Added to NRS by 2011, 3032)

      NRS 644.3773  Expiration of license.

      1.  The license of an establishment for hair braiding expires 2 years after the date of issuance or renewal of the license.

      2.  If the owner of an establishment for hair braiding fails to pay the required fee for renewal of its license within 90 days after the date of expiration of the license, the establishment must be immediately closed.

      (Added to NRS by 2011, 3032)

      NRS 644.3774  Display of license.  Every holder of a license issued by the Board to operate an establishment for hair braiding shall display the license or a duplicate of the license in plain view of members of the general public in the principal office or place of business of the holder.

      (Added to NRS by 2011, 3032; A 2013, 628)

      NRS 644.3775  Practice of hair braiding by certain licensees.  Hair braiding may be practiced in an establishment for hair braiding by licensed hair braiders, hair designers or cosmetologists who are:

      1.  Employees of the owner of the establishment; or

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

      (Added to NRS by 2011, 3032)

      NRS 644.3776  Supervision by licensed person.  An establishment for hair braiding must, at all times, be under the immediate supervision of a licensed hair braider, hair designer or cosmetologist.

      (Added to NRS by 2011, 3032)

      NRS 644.3777  Food and beverage sales.  Food or beverages for immediate consumption may be sold in an establishment for hair braiding.

      (Added to NRS by 2011, 3032)

SCHOOLS OF COSMETOLOGY

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

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

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

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

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

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

      (e) The annual fee for a license;

      (f) A copy of the contract for the enrollment of a student in a program at the school of cosmetology; and

      (g) The name and address of the person designated to accept service of process.

      2.  Upon receipt by the Board of the application, the Board shall, before issuing a license, determine whether the proposed school:

      (a) Is suitably located.

      (b) Contains at least 5,000 square feet of floor space and adequate equipment.

      (c) Has a contract for the enrollment of a student in a program at the school of cosmetology that is approved by the Board.

      (d) Admits as regular students only persons who have received a certificate of graduation from high school, or the recognized equivalent of such a certificate, or who are beyond the age of compulsory school attendance.

      (e) Meets all requirements established by regulations of the Board.

      3.  The annual fee for a license for a school of cosmetology is not less than $500 and not more than $800.

      4.  If the proposed school meets all requirements established by this chapter and the regulations adopted pursuant thereto, the Board shall issue a license to the proposed school. The license must contain:

      (a) The name of the proposed school;

      (b) A statement that the proposed school is authorized to operate educational programs beyond secondary education; and

      (c) Such other information as the Board considers necessary.

      5.  If the ownership of the school changes or the school moves to a new location, the school may not be operated until a new license is issued by the Board.

      6.  After a license has been issued for the operation of a school of cosmetology, the licensee must obtain the approval of the Board before making any changes in the physical structure of the school.

      [Part 16:218:1931; A 1933, 237; 1953, 150] + [Part 17:218:1931; A 1933, 237; 1953, 150]—(NRS A 1960, 314; 1971, 239; 1981, 1356; 1985, 1635, 1859; 1987, 1203; 1991, 2060; 2005, 2645; 2011, 3040; 2013, 2245)

      NRS 644.384  Surety bonds; payment plans; Board to adopt regulations.

      1.  Each school of cosmetology shall:

      (a) Obtain a surety bond in accordance with regulations adopted by the Board; or

      (b) Provide for payment plans, including plans for periodic payments, in accordance with regulations adopted by the Board.

      2.  The Board shall adopt regulations regarding surety bonds and payment plans for purposes of subsection 1. The regulations regarding periodic payments must, as the Board determines appropriate, be modeled after 34 C.F.R. § 668.4.

      (Added to NRS by 2011, 3029)

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

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

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

      (Added to NRS by 1960, 316)

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

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

      NRS 644.393  Fee for each student to be paid to Board.  Every school of cosmetology shall pay to the Board a fee of $10 for each student within 30 days after the student is enrolled or reenrolled.

      (Added to NRS by 1985, 1850; A 1991, 2061; 2005, 2646)

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

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

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

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

      2.  A school of cosmetology shall:

      (a) Maintain a school term of not less than 1,800 hours extending over a period of not more than 36 months, and maintain a course of practical training and technical instruction equal to the requirements for examination for a license as a cosmetologist.

      (b) Maintain apparatus and equipment sufficient to teach all the subjects of its curriculum.

      (c) Keep a daily record of the attendance of each student, a record devoted to the different practices, establish grades and hold examinations before issuing diplomas. These records must be submitted to the Board pursuant to its regulations.

      (d) Include in its curriculum a course of deportment consisting of instruction in courtesy, neatness and professional attitude in meeting the public.

      (e) Arrange the courses devoted to each branch or practice of cosmetology as the Board may from time to time adopt as the course to be followed by the schools.

      (f) Not allow any student to perform services on the public for more than 7 hours in any day.

      (g) Conduct at least 5 hours of instruction in theory in each 40-hour week or 6 hours of instruction in theory in each 48-hour week, which must be attended by all registered students.

      (h) Require that all work by students be done on the basis of rotation.

      3.  Except as otherwise provided in subsection 4, the Board may, upon request, authorize a school of cosmetology to offer, in addition to courses which are included in any curriculum required for licensure as a cosmetologist, any other course.

      4.  The Board shall, upon request, authorize a school of cosmetology to offer a course or program that is designed, intended or used to prepare or qualify another person for licensure in the field of massage therapy if:

      (a) The school of cosmetology has obtained all licenses, authorizations and approvals required by state and local law to offer such a course or program; and

      (b) With regard to that portion of the premises where the school of cosmetology offers courses included in the cosmetological curriculum, the school of cosmetology continues to comply with the provisions of this chapter and any regulations adopted pursuant thereto.

      5.  Notwithstanding any other provision of law, if a school of cosmetology offers a course or program that is designed, intended or used to prepare or qualify another person for licensure in the field of massage therapy:

      (a) The Board has exclusive jurisdiction over the authorization and regulation of the course or program offered by the school of cosmetology; and

      (b) The school of cosmetology is not required to obtain any other license, authorization or approval to offer the course or program.

      [Part 17:218:1931; A 1933, 237; 1953, 150]—(NRS A 1960, 315; 1971, 240, 1119; 1979, 1826; 1981, 1357; 1985, 1636, 1859; 1987, 1204; 2003, 2533; 2005, 2858)

      NRS 644.403  Unconscionable contracts with students.

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

      2.  “Unconscionable contract” means a contract which a person of common sense, who was not under a delusion, would not execute and which a fair and honest person would not accept. The fact that one provision of a contract or the entire contract is more favorable to one party than another does not in itself render a contract unconscionable.

      (Added to NRS by 1969, 882)

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

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

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

      1.  A student enrolled as a cosmetologist must receive at least 300 hours.

      2.  A student enrolled as a hair designer must receive at least 300 hours.

      3.  A student enrolled as a nail technologist must receive at least 100 hours.

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

      5.  A student enrolled as an aesthetician must receive at least 150 hours.

      (Added to NRS by 1981, 1348; A 1985, 1636; 1991, 2061; 1995, 463; 2005, 2646, 2859; 2009, 2507)

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

      [Part 18:218:1931; 1931 NCL § 1862.18]—(NRS A 2013, 628)

      NRS 644.415  Board to take action to enable schools to receive federal financial assistance.  The Board shall take such action as it determines is reasonable to enable schools of cosmetology to receive money from the Federal Government for student financial assistance to the greatest extent practicable under federal law.

      (Added to NRS by 2013, 2244)

DISCIPLINARY ACTIONS

      NRS 644.430  Grounds; authorized disciplinary action; orders imposing discipline deemed public records.

      1.  The following are grounds for disciplinary action by the Board:

      (a) Failure of an owner of an establishment for hair braiding, a cosmetological establishment, a licensed aesthetician, cosmetologist, hair designer, hair braider, electrologist, instructor, nail technologist, demonstrator of cosmetics or school of cosmetology, or a cosmetologist’s apprentice to comply with the requirements of this chapter or the applicable regulations adopted by the Board.

      (b) Obtaining practice in cosmetology or any branch thereof, for money or any thing of value, by fraudulent misrepresentation.

      (c) Gross malpractice.

      (d) Continued practice by a person knowingly having an infectious or contagious disease.

      (e) Drunkenness or the use or possession, or both, of a controlled substance or dangerous drug without a prescription, while engaged in the practice of cosmetology.

      (f) Advertisement by means of knowingly false or deceptive statements.

      (g) Permitting a license to be used where the holder thereof is not personally, actively and continuously engaged in business.

      (h) Failure to display the license or a duplicate of the license as provided in NRS 644.290, 644.360, 644.3774 and 644.410.

      (i) Entering, by a school of cosmetology, into an unconscionable contract with a student of cosmetology.

      (j) Continued practice of cosmetology or operation of a cosmetological establishment or school of cosmetology after the license therefor has expired.

      (k) Any other unfair or unjust practice, method or dealing which, in the judgment of the Board, may justify such action.

      2.  If the Board determines that a violation of this section has occurred, it may:

      (a) Refuse to issue or renew a license;

      (b) Revoke or suspend a license;

      (c) Place the licensee on probation for a specified period;

      (d) Impose a fine not to exceed $2,000; or

      (e) Take any combination of the actions authorized by paragraphs (a) to (d), inclusive.

      3.  An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

      [Part 19:218:1931; 1931 NCL § 1862.19]—(NRS A 1969, 881; 1971, 2044; 1979, 1828; 1981, 1359; 1985, 1637; 1987, 1205, 1572; 1991, 2062; 1995, 464; 1999, 1156; 2001, 1195; 2003, 3463; 2005, 2646; 2009, 2507; 2011, 3041; 2013, 628)

      NRS 644.435  Suspension of license or registration for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license or registration. [Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  If the Board receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who has been issued a license or been registered pursuant to NRS 644.190 to 644.330, inclusive, the Board shall deem the license or registration issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Board receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the holder of the license or registration stating that the holder of the license or registration has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The Board shall reinstate a license or registration issued pursuant to NRS 644.190 to 644.330, inclusive, that has been suspended by a district court pursuant to NRS 425.540 if the Board receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license or registration was suspended stating that the person whose license or registration was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      (Added to NRS by 1997, 2162; A 1999, 1157; 2001, 1195, 1520; 2005, 2225, 2807, 2808, 2811)

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

      1.  The Board may refuse to issue or renew any license only upon 20 days’ notice in writing to the interested parties. The notice must contain a brief statement of the reasons for the contemplated action of the Board and designate a proper time and place for the hearing of all interested parties before any final action is taken.

      2.  Notice, within the provisions of subsection 1, shall be deemed to have been given when the Board deposits with the United States Postal Service a copy of the notice, addressed to the designated or last known residence of the applicant or licensee.

      3.  Notwithstanding the provisions of chapter 622A of NRS, violations of any regulation of the Board for sanitation or of any statute or regulation of the State Board of Health or any county regulation concerning health may be corrected by any inspector of the Board by giving notice in the form of a citation. Any licensee receiving a citation shall immediately correct the violation or shall show that corrections have commenced. Failure to correct or to commence corrections within 72 hours after receipt of the citation subjects the license to immediate suspension. The Board may then give 20 days’ notice for hearing to show cause why the license should not be permanently revoked.

      4.  Notwithstanding the provisions of chapter 622A of NRS, the closure of any establishment or school by the State Board of Health acts as an automatic revocation of the license.

      [Part 19:218:1931; 1931 NCL § 1862.19]—(NRS A 1971, 1121; 1985, 1637; 1987, 731; 1991, 2063; 2005, 801)

      NRS 644.446  Confidentiality of certain records of Board; exceptions.

      1.  Except as otherwise provided in this section and NRS 239.0115, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.

      2.  The charging document filed with the Board to initiate disciplinary action pursuant to chapter 622A of NRS and all documents and information considered by the Board when determining whether to impose discipline are public records.

      3.  The Board shall, to the extent feasible, communicate or cooperate with or provide any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

      (Added to NRS by 2003, 3463; A 2005, 801; 2007, 2146; 2013, 2246)

      NRS 644.448  Complaints: Filing.  Any person who becomes aware that a person practicing cosmetology in this State has, is or is about to become engaged in conduct which constitutes grounds for initiating disciplinary action pursuant to NRS 644.430 may file a written complaint with the Board. A complaint may be filed anonymously. If a complaint is filed anonymously, the Board may accept the complaint but may refuse to consider the complaint if anonymity of the complainant makes processing the complaint impossible or unfair to the person who is the subject of the complaint.

      (Added to NRS by 2013, 2244)

      NRS 644.449  Complaints: Referral to another licensing board; civil immunity.

      1.  If the Board determines that a complaint filed with the Board concerns a matter within the jurisdiction of another licensing board, the Board shall refer the complaint to the other licensing board within 5 days after making the determination.

      2.  The Board may refer a complaint pursuant to subsection 1 orally, electronically or in writing.

      3.  The provisions of subsection 1 apply to any complaint filed with the Board, including, without limitation:

      (a) A complaint which concerns a person who or entity which is licensed, certified or otherwise regulated by the Board or by another licensing board; and

      (b) A complaint which concerns a person who or entity which is licensed, certified or otherwise regulated solely by another licensing board.

      4.  The provisions of this section do not prevent the Board from acting upon a complaint which concerns a matter within the jurisdiction of the Board regardless of whether the Board refers the complaint pursuant to subsection 1.

      5.  The Board or an officer or employee of the Board is immune from any civil liability for any decision or action taken in good faith and without malicious intent in carrying out the provisions of this section.

      6.  As used in this section, “licensing board” means a board created pursuant to chapter 630, 630A, 631, 632, 633, 634, 634A, 635, 636, 637, 637A, 637B, 639, 640, 640A, 640B, 640C, 640D, 640E, 641, 641A, 641B, 641C, 643, 644 or 654 of NRS.

      (Added to NRS by 2013, 2244)

APPLICABILITY OF CHAPTER

      NRS 644.460  Exemptions.

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

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

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

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

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

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

      (d) Retailers, at a retail establishment, insofar as their usual and ordinary vocation and profession is concerned, when engaged in the demonstration of cosmetics if:

             (1) The demonstration is without charge to the person to whom the demonstration is given; and

             (2) The retailer does not advertise or provide a cosmetological service except cosmetics and fragrances.

      (e) Photographers or their employees, insofar as their usual and ordinary vocation and profession is concerned, if the photographer or his or her employee does not advertise cosmetological services and provides cosmetics without charge to the customer.

      2.  Any school of cosmetology conducted as part of the vocational rehabilitation training program of the Department of Corrections or the Caliente Youth Center:

      (a) Is exempt from the requirements of paragraph (c) of subsection 2 of NRS 644.400.

      (b) Notwithstanding the provisions of NRS 644.395, shall maintain a staff of at least one licensed instructor.

      [15:218:1931; A 1933, 237; 1931 NCL § 1862.15]—(NRS A 1969, 567, 910; 1975, 1015; 1977, 965; 1983, 730; 1985, 1862; 1989, 1963; 1991, 2063; 2001, 1196; 2001 Special Session, 248, 249)

PROHIBITED PRACTICES; REMEDIES; PENALTIES

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

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

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

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

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

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

      1.  It is unlawful for a person to engage in the practice of any branch of cosmetology unless the person is wearing clean outer garments which are suitable to allow the safe and hygienic practice of cosmetology.

      2.  The Board shall adopt regulations which prescribe standards for the garments required by subsection 1.

      (Added to NRS by 1993, 2646)

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

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

      2.  An aquarium may be maintained on the premises of a licensed establishment for hair braiding or cosmetological establishment.

      (Added to NRS by 1985, 1627; A 1989, 2005; 2011, 3042)

      NRS 644.473  Unlawful acts concerning cutting of men’s hair and practice of barbering.  It is unlawful for:

      1.  Any licensed cosmetological establishment to represent itself to the public as primarily engaged in the business of cutting men’s hair; or

      2.  Any person licensed pursuant to this chapter to engage in any act or practice which constitutes a violation of subsection 6 or 7 of NRS 643.190.

      (Added to NRS by 1969, 1164; A 2005, 2647)

      NRS 644.475  Styling of hairpieces: Restrictions.

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

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

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

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

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

      (Added to NRS by 1991, 2054)

      NRS 644.480  Penalties.

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

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

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

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

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

      1.  In addition to any other penalty:

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

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

             (1) For the first violation, $1,000.

             (2) For the second violation, $1,500.

             (3) For the third or subsequent violation, $2,000.

      2.  To appeal a finding of a violation of NRS 644.190, the person must request a hearing by written notice of appeal to the Board within 30 days after the date on which the citation is issued.

      (Added to NRS by 1999, 1152; A 2005, 2647)

      NRS 644.500  Injunctions.  When any person has engaged in any act or practice which constitutes an offense under this chapter, the district court of any county, on application of the Board, may issue an injunction or other appropriate order restraining the act or practice, without a showing of actual harm. A proceeding under this section is governed by Rule 65 of the Nevada Rules of Civil Procedure.

      (Added to NRS by 1985, 1627)—(Substituted in revision for NRS 644.447)

      NRS 644.510  Actions and remedies cumulative and not exclusive.

      1.  The actions and remedies authorized by this chapter are cumulative.

      2.  When an agency or officer elects to take a particular action or pursue a particular remedy authorized by this chapter or another specific statute, that election is not exclusive and does not preclude the agency or officer or another agency or officer from taking any other actions or pursuing any other remedies authorized by this chapter or another specific statute.

      (Added to NRS by 2005, 2639)