[Rev. 11/22/2013 10:12:24 AM--2013]

[NAC-644 Revised Date: 3-10]

CHAPTER 644 - COSMETOLOGY

GENERAL PROVISIONS

644.010            Definitions.

644.012            “Board” defined.

644.017            “Executive Director” defined.

644.018            “Final time record” defined.

644.019            “Infection control” defined.

644.021            “Make-up” defined.

644.025            “School of cosmetology” defined.

644.030            “School of electrology” defined.

644.032            “Time record” defined.

644.035            Construction of chapter.

644.037            Interpretation of NRS 644.370.

644.038            “Cosmetological establishment” construed.

644.040            Deviation from regulations.

644.042            Communications to Board.

644.045            Severability.

LICENSING AND EXAMINATION

General Provisions

644.046            Use of license.

644.0463          Certification of licensure.

644.0464          Limited licensure of person licensed in another state or territory or District of Columbia.

644.0466          Proof of name change.

644.0469          Translation of documents written in language other than English.

644.0473          Credit for incomplete hours in courses.

644.0476          Instructors: Credit for advanced training; continuing education.

644.0479          Instructors: Application for provisional license.

644.048            Student instructors: Application for license.

Examination for Licensure

644.0502          Application for licensure as cosmetologist, hair designer, nail technologist or aesthetician.

644.0503          Application for licensure as demonstrator of cosmetics.

644.0504          Examination for licensure as hair designer.

644.0506          Examination for licensure as nail technologist.

644.0508          Examination for licensure as aesthetician.

644.051            Examination for licensure as cosmetologist: Scope of examination.

644.0515          Examination for licensure as cosmetologist: Examination in English, Spanish or another language.

644.052            Examination for licensure as instructor.

644.053            Examinations: General requirements; notice of results of written examination.

644.0536          Dispensation of examination for restoration of license after retirement.

644.0538          Maximum number of applicants.

644.0539          Passing score.

Fees

644.054            Initial license issued for less than 1 1/2 years.

644.0545          Provisional license as instructor.

644.056            Renewal of certain licenses.

644.062            Examination.

SCHOOLS OF COSMETOLOGY

644.080            Minimum requirements for space and accommodations.

644.085            Minimum requirements for equipment.

644.090            Filing of standard contract, rules and financial forms.

644.095            Registration of students with Board.

644.100            Registrar: Appointment; duties.

644.105            Instructors; badges; limitation on practice of cosmetology by students.

644.110            Time records.

644.112            Final time records.

644.115            Curriculum for cosmetologists; exemption for barbers in certain circumstances.

644.116            Curriculum for hair designers.

644.117            Curriculum for aestheticians.

644.120            Curriculum for nail technologists.

644.123            Curriculum for provisional instructors and student instructors.

644.124            Transfer of credit hours.

644.125            Recesses.

644.130            Prohibition against requiring students to purchase supplies for use in course of study.

644.135            Prohibition against deducting earned credit as punishment.

644.145            Advertising; display of sign stating services performed by students.

COSMETOLOGISTS’ APPRENTICES

644.151            Application.

644.154            Petition to supervise and train cosmetologist’s apprentice.

644.157            Approval or denial of application.

644.161            Validity of certificate of registration; validity of authorization to supervise.

644.164            Requirements for cosmetological establishment.

644.167            Duties of supervising cosmetologist.

644.171            Posting of certificate of registration; minimum training required before apprentice may work on public.

644.174            Badge.

644.177            Failure to display certificate of registration or wear badge.

644.181            Disciplinary action.

SCHOOLS OF ELECTROLOGY

644.200            Minimum requirements for space and accommodations.

644.205            Minimum requirements for equipment.

644.210            Filing of standard contract, rules and financial forms.

644.215            Registration of students with Board.

644.220            Registrar: Appointment; duties.

644.225            Instruction of students; badges; limitation on practice of electrology by students.

644.230            Time records.

644.235            Requirements for practical training and technical instruction.

644.240            Location within school of cosmetology.

644.245            Advertising; display of sign stating services performed by students.

644.250            Requirements for practical examination.

ELECTROLOGISTS’ APPRENTICES

644.255            Application.

644.260            Petition to supervise electrologist’s apprentice.

644.265            Limitation on number of apprentices supervised.

644.270            Approval of apprenticeship by owner of cosmetological establishment or cosmetologist in charge.

644.275            Inspection of premises on which training to be conducted; criteria.

644.280            Display of permit.

644.285            Badge.

644.290            Requirements for practical training and technical instruction.

644.295            Minimum training required before apprentice may work on patrons.

644.300            Maximum number of hours and days of training allowed per week.

644.305            Misrepresentation of apprentice to public; advertising.

COSMETOLOGICAL ESTABLISHMENTS

644.307            Lease of space to certain persons.

644.308            Requirements for certain lessees.

CONDITIONS AND PROCEDURES FOR PRACTICE

644.310            Drinking cups and facilities.

644.313            Disposal of waste.

644.315            Exhaust systems.

644.320            Restrooms.

644.325            Walls, floors, ceilings, furnishings, equipment and fixtures.

644.330            Plumbing; dispensary sink; floor coverings.

644.335            Headrests; shampoo bowls; towels and linens; neck strips; treatment tables; disposal of certain instruments and supplies; brushes.

644.340            Sanitizing and infection control solutions; instruments, implements and other tools; sterilization equipment; disposable articles; single-use items.

644.342            Clippers, vibrators and other electrical instruments.

644.345            Cosmetics and other preparations.

644.350            Cleansing of hands.

644.355            Outer garments and footwear.

644.360            Infectious or communicable diseases; infestations of animal parasites.

644.365            Clients with inflamed or infected skin or secretions.

644.367            Restrictions on removal of skin.

644.368            Prohibited invasive procedures.

644.370            Wigs and hairpieces.

644.372            Cosmetic products: Prohibited products and uses.

644.375            Place of practice: Private residences.

644.380            Place of practice: Licensed cosmetological establishment; exceptions.

644.385            Place of practice: Donated services.

PRACTICE BEFORE THE STATE BOARD OF COSMETOLOGY

General Provisions

644.388            Scope.

Parties

644.390            Classification of parties.

644.395            Staff of Board may be party to proceeding.

644.400            Appearances.

644.405            Representation of parties; qualifications of attorneys.

644.410            Service of process on attorney.

644.415            Withdrawal of attorney.

Pleadings, Motions and Other Papers

644.420            Construction.

644.425            Applications.

644.430            Petitions.

644.435            Verification.

644.440            Motions.

644.445            Filing.

644.450            Service of process.

644.455            Proof of service.

Complaints

644.460            General requirements.

644.465            Complaint filed by Executive Director or investigator or member of Board.

644.470            Complaint filed by person other than Executive Director or investigator or member of Board.

644.475            Disqualification of member of Board from adjudication of matter.

644.480            Service of complaint; answer.

Mediation

644.482            Mediator.

Hearings

644.484            Duties of Executive Director.

644.485            Petition to appear before the Board.

644.490            Notice.

644.495            Failure of party to appear.

644.500            Preliminary procedure.

644.505            Conduct at hearings.

644.510            Presentation of evidence.

644.515            Consolidation.

644.520            Stipulations.

644.525            Official notice of Board.

644.530            Briefs.

644.535            Informal hearings; agreement of licensee to formal hearing if mediation is not successful.

644.540            Decision by Board.

644.545            Rehearings.

644.547            Appeals.

644.550            Records of hearings.

Declaratory Orders and Advisory Opinions

644.555            Petitions.

644.560            Procedure for consideration of petition.

644.565            Draft of order or opinion by member of Board.

644.570            Notice.

644.575            Violation of order or opinion.

Petitions for Adoption, Amendment or Repeal of Regulations

644.580            Format; procedure for consideration.

MOBILE COSMETOLOGICAL ESTABLISHMENTS

644.600            Definitions.

644.610            Application for license to operate or for transfer of ownership: Filing.

644.615            Application for license to operate or for transfer of ownership: Contents.

644.620            Inspection of establishment.

644.625            Delivery of license or return of application.

644.630            Removal of equipment from establishment.

644.635            Submission of monthly itinerary; changes in itinerary.

644.640            General standards for establishments.

644.645            Supply of water.

644.650            Disposal of waste.

644.655            Electrical system.

DISCIPLINARY ACTIONS

644.700            Schedule of fines; disciplinary hearings.

644.705            Acts constituting gross malpractice.

644.711            Practices constituting grounds for disciplinary action.

 

 

 

GENERAL PROVISIONS

      NAC 644.010  Definitions. (NRS 644.110)  As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 644.012 to 644.032, inclusive, have the meanings ascribed to them in those sections.

     (Supplied in codification; A by Bd. of Cosmetology by R099-97, 2-25-98; R112-01, 12-17-2001, eff. 1-1-2002; R030-08, 9-18-2008)

      NAC 644.012  “Board” defined. (NRS 644.110)  “Board” means the State Board of Cosmetology.

     (Added to NAC by Bd. of Cosmetology by R112-01, 12-17-2001, eff. 1-1-2002)

      NAC 644.017  “Executive Director” defined. (NRS 644.110)  “Executive Director” means the Executive Director of the Board, as designated by the Board.

     (Added to NAC by Bd. of Cosmetology by R099-97, eff. 2-25-98; A by R092-06, 9-18-2006)

      NAC 644.018  “Final time record” defined. (NRS 644.110)  “Final time record” means a statement of the number of hours of training completed by a student enrolled in a course of training at a school of cosmetology.

     (Added to NAC by Bd. of Cosmetology by R030-08, eff. 9-18-2008)

      NAC 644.019  “Infection control” defined. (NRS 644.110)  “Infection control” means a practice, procedure or technique that is used to resist or prevent the spread of an infectious disease. The term includes, without limitation, antisepsis, sterilization and sanitation.

     (Added to NAC by Bd. of Cosmetology by R030-08, eff. 9-18-2008)

      NAC 644.021  “Make-up” defined. (NRS 644.110)  “Make-up” means any pigment product which is used to cover, camouflage or decorate facial skin.

     (Added to NAC by Bd. of Cosmetology, eff. 5-14-92; A by R099-97, 2-25-98)

      NAC 644.025  “School of cosmetology” defined. (NRS 644.110)  “School of cosmetology” means a licensed establishment accepting compensation for instruction in cosmetology.

     [Bd. of Cosmetology, No. 20.1, eff. 12-3-80]

      NAC 644.030  “School of electrology” defined. (NRS 644.110)  “School of electrology” means a licensed establishment accepting compensation for instruction in electrology.

     [Bd. of Cosmetology, No. 22.1, eff. 12-3-80]

      NAC 644.032  “Time record” defined. (NRS 644.110)  “Time record” includes a time card, computerized printout or any other record of the times of the day that a student is in attendance in a school of cosmetology or electrology, that is generated by a time clock, computer, computer program or any other device approved by the Board.

     (Added to NAC by Bd. of Cosmetology by R099-97, eff. 2-25-98)

      NAC 644.035  Construction of chapter. (NRS 644.110)  The Board will construe the provisions of this chapter liberally to secure a just, speedy and economical determination of all issues presented to it.

     [Bd. of Cosmetology, No. 1.2, eff. 12-3-80]

      NAC 644.037  Interpretation of NRS 644.370. (NRS 644.110, 644.370)  The Board will interpret NRS 644.370 to mean that in a cosmetological establishment where:

     1.  More than one branch of cosmetology is practiced, the establishment must at all times be under the immediate supervision of a licensed cosmetologist or a person licensed in each branch of cosmetology practiced in the establishment at the time of service.

     2.  Only nail technology is practiced, the establishment must be under the immediate supervision of a licensed cosmetologist or licensed nail technologist.

     3.  Only electrology is practiced, the establishment must be under the immediate supervision of a licensed electrologist.

     4.  Only aestheticians practice, the establishment must be under the immediate supervision of a licensed cosmetologist or licensed aesthetician.

     5.  Only hair designing is practiced, the establishment must be under the immediate supervision of a licensed cosmetologist or licensed hair designer.

     (Added to NAC by Bd. of Cosmetology, eff. 10-16-87; A by R099-97, 2-25-98; R092-06, 9-18-2006)

      NAC 644.038  “Cosmetological establishment” construed. (NRS 644.110)  The Board does not construe “cosmetological establishment” to include a television or motion picture set or any other related area as determined by the Board, unless cosmetology is practiced on the premises after the production is completed.

     (Added to NAC by Bd. of Cosmetology, eff. 7-18-88)

      NAC 644.040  Deviation from regulations. (NRS 644.110)  In special cases, upon application, the Board will permit deviation from the provisions of this chapter if it finds that there is good cause for the deviation and the ends of justice so require.

     [Bd. of Cosmetology, No. 1.3, eff. 12-3-80]

      NAC 644.042  Communications to Board. (NRS 644.110)  Every written communication to the Board must contain the name and address of the sender.

     [Bd. of Cosmetology, No. 2.2, eff. 12-3-80]—(Substituted in revision for NAC 644.075)

      NAC 644.045  Severability. (NRS 644.110)  If any provision of this chapter or any application thereof to any person, thing or circumstance is held invalid, the Board intends that such invalidity not affect the remaining provisions, or their application, that can be given effect without the invalid provision or application.

     [Bd. of Cosmetology, No. 1.4, eff. 12-3-80]

LICENSING AND EXAMINATION

General Provisions

      NAC 644.046  Use of license. (NRS 644.110)  The license of any person who is licensed pursuant to chapter 644 of NRS may be used only by the person to whom the license has been issued.

     [Bd. of Cosmetology, No. 18, eff. 12-3-80]—(Substituted in revision for NAC 644.055)

      NAC 644.0463  Certification of licensure. (NRS 644.110)

     1.  A request for a certification of licensure in this State must be made in writing on a form provided by the Board. Upon the receipt of a completed request for a certification of licensure, the Board will immediately forward the certification of licensure to the requesting jurisdiction.

     2.  The Board will accept a certification of licensure from another jurisdiction only if the Board receives the certification directly from the agency in the other jurisdiction authorized to provide such certifications. A certification of licensure from another jurisdiction is valid for 6 months after the date on which the Board receives the certification. The Board will not accept altered forms of a certification of licensure.

     (Added to NAC by Bd. of Cosmetology by R099-97, eff. 2-25-98)

      NAC 644.0464  Limited licensure of person licensed in another state or territory or District of Columbia. (NRS 644.110, 644.315)  In addition to the requirements set forth in NRS 644.315, a person applying for a limited license under that section must present, in person, to the Board:

     1.  A valid license to practice cosmetology from another state or territory of the United States or the District of Columbia;

     2.  The name and address under which the license was issued;

     3.  Valid identification, including, without limitation, a driver’s license, passport or identification card issued by another state or territory of the United States or the District of Columbia; and

     4.  Proof of temporary hire by a resort hotel. The proof must consist of a letter or other documentation from the resort hotel stating that the person applying for the limited license has been hired or has contracted to work as a cosmetologist in the hotel for a designated period.

     (Added to NAC by Bd. of Cosmetology by R092-06, eff. 9-18-2006)

      NAC 644.0466  Proof of name change. (NRS 644.110)  An applicant who has a name which is different than that which appears on any form or other documentation submitted to the Board with his application must provide to the Board proof of a name change, including:

     1.  A copy of a marriage license, showing both last names;

     2.  A copy of divorce papers, showing that a last name has been restored;

     3.  A copy of citizenship papers, including the front and back of those papers;

     4.  An original computerized printout from the Department of Motor Vehicles, or a similar agency from another state, listing all of the names, including aliases, of the applicant; or

     5.  A signed court order showing a name change.

     (Added to NAC by Bd. of Cosmetology by R099-97, eff. 2-25-98)

      NAC 644.0469  Translation of documents written in language other than English. (NRS 644.110)  

     1.  All documents submitted to the Board that are written in a language other than English must be translated by:

     (a) A district court in this State;

     (b) The Language Connection;

     (c) Nevada Hispanic Services;

     (d) A language bank of the University of Nevada; or

     (e) Any other translator approved by the Board.

     2.  The Board will not accept any documents written in a language other than English that have been translated by the applicant or by a friend or a member of the family of the applicant.

     (Added to NAC by Bd. of Cosmetology by R099-97, eff. 2-25-98; A by R029-02, 7-19-2002)

      NAC 644.0473  Credit for incomplete hours in courses. (NRS 644.110)  A person applying for licensure pursuant to this chapter and chapter 644 of NRS will not receive credit for incomplete hours in courses that were taken 4 years or more before the person enrolled in a school of cosmetology.

     (Added to NAC by Bd. of Cosmetology by R099-97, eff. 2-25-98)

      NAC 644.0476  Instructors: Credit for advanced training; continuing education. (NRS 644.110, 644.195, 644.1955, 644.197)

     1.  An instructor may receive credit for the 30 hours of advanced training required pursuant to NRS 644.195, 644.1955 or 644.197 if:

     (a) The instructor has received 15 hours of instruction from professional classes or seminars, or both, on hair, skin and nail care, sponsored by a professionally recognized company or natural person approved by the Board, or has received 30 hours of continuing education in any of the following areas:

          (1) Biology;

          (2) Business Administration;

          (3) Chemistry;

          (4) Communication studies;

          (5) Computers;

          (6) Cardiopulmonary resuscitation or first-aid training;

          (7) Educational administration;

          (8) Emergency medical services;

          (9) English;

          (10) Foreign languages;

          (11) General education, with an emphasis on teaching methods;

          (12) Human services, including counseling;

          (13) Management;

          (14) Psychology;

          (15) Sign language;

          (16) Sociology;

          (17) Special education; or

          (18) Teaching methods;

     (b) The instructor has received two credits or 30 hours of instruction from courses offered at a university or community college in the areas specified in paragraph (a);

     (c) The instructor has received 30 hours of instruction from classes on business, professional or management skills that are sponsored by an organization or natural person that has been approved by the Board; or

     (d) The instructor has received 30 hours of instruction in in-service classes.

     2.  A school of cosmetology may conduct in-service classes for the purposes of this section. The classes must be conducted by a person who holds a current teaching license from the Superintendent of Public Instruction and is authorized to teach in the school district in which the in-service class is being conducted.

     3.  All hours for credits for continuing education must be properly documented in written format, including, but not limited to, report cards, certificates of completion or letters which verify that the licensee attended the class and the number of hours earned. If the information documenting the hours taken is not clearly indicated on the documents provided to the Board, the documents will not be accepted. All documents submitted as evidence that the licensee has met the requirements for continuing education must be submitted during the period provided by the Board for the renewal of the license, together with the renewal slip and the required pictures and fees. The falsification of any such documents, or any information contained therein, is a ground for disciplinary action against the licensee.

     (Added to NAC by Bd. of Cosmetology by R099-97, eff. 2-25-98; A by R092-06, 9-18-2006; R030-08, 9-18-2008)

      NAC 644.0479  Instructors: Application for provisional license. (NRS 644.110, 644.193)

     1.  The written verification of the completion of education required by paragraph (a) of subsection 1 of NRS 644.193 must be a copy of the applicant’s:

     (a) High school diploma;

     (b) Transcript of high school grades showing successful completion of the 12th grade;

     (c) Nevada High School Equivalency Certificate; or

     (d) General educational development certificate.

 

     2.  The written verification of prior experience required by paragraph (b) of subsection 1 of NRS 644.193 must be in the form of:

     (a) An approved affidavit or statement properly drafted, signed and notarized by the employer or employers for whom the applicant was working at the time the experience was gained; or

     (b) Federal tax returns of the applicant, including all applicable forms and schedules,

Ê which clearly show that the applicant has practiced as a full-time licensed cosmetologist, hair designer, aesthetician or nail technologist for not less than 1 year.

     3.  The photographs required to be submitted pursuant to paragraph (e) of subsection 1 of NRS 644.193 must:

     (a) Be identical;

     (b) Have been taken not more than 90 days before the date of the submission of the application;

     (c) Be 1 1/2 by 1 1/2 inches in size;

     (d) Show the front view of the full face of the applicant in color against a plain white or off-white background and be otherwise substantially equivalent to a photograph suitable for use in a passport issued by the United States Government; and

     (e) Have the name and address of the applicant written on the back.

     4.  An applicant for a provisional license as an instructor shall provide the Board with proof that he is enrolled in a licensed school of cosmetology and his enrollment form must be submitted to the Board.

     (Added to NAC by Bd. of Cosmetology, eff. 5-14-92; A by R099-97, 2-25-98; R030-08, 9-18-2008)—(Substituted in revision for NAC 644.0535)

      NAC 644.048  Student instructors: Application for license. (NRS 644.110, 644.199)

     1.  The written verification of the completion of education required by paragraph (a) of subsection 1 of NRS 644.199 must be a copy of the applicant’s:

     (a) High school diploma;

     (b) Transcript of high school grades showing successful completion of the 12th grade;

     (c) Nevada High School Equivalency Certificate; or

     (d) General educational development certificate.

     2.  The photographs required to be submitted pursuant to paragraph (e) of subsection 1 of NRS 644.199 must:

     (a) Be identical;

     (b) Have been taken not more than 90 days before the date of the submission of the application;

     (c) Be 1 1/2 by 1 1/2 inches in size;

     (d) Show the front view of the full face of the applicant in color against a plain white or off-white background and be otherwise substantially equivalent to a photograph suitable for use in a passport issued by the United States Government; and

     (e) Have the name and address of the applicant written on the back.

     3.  An applicant for a license as a student instructor must hold a license to practice each branch of cosmetology for which he is seeking licensure as a student instructor.

     (Added to NAC by Bd. of Cosmetology by R030-08, eff. 9-18-2008)

Examination for Licensure

      NAC 644.0502  Application for licensure as cosmetologist, hair designer, nail technologist or aesthetician. (NRS 644.110, 644.210)  An applicant for examination for a license as a cosmetologist, hair designer, nail technologist or aesthetician pursuant to NRS 644.200, 644.204, 644.205 or 644.207, respectively, must provide:

     1.  A notarized affidavit from the applicant establishing the successful completion by the applicant of the 10th grade in school or its equivalent.

 

     2.  Two photographs of the applicant. The photographs must:

     (a) Be identical;

     (b) Have been taken not more than 90 days before the date of the submission of the application;

     (c) Be 1 1/2 by 1 1/2 inches in size;

     (d) Show the front view of the full face of the applicant in color against a plain white or off-white background and be otherwise substantially equivalent to a photograph suitable for use in a passport issued by the United States Government; and

     (e) Have the name and address of the applicant written on the back.

     3.  The applicable fees.

     4.  One of the following documents as proof of the age of the applicant:

     (a) A photocopy of the birth certificate of the applicant;

     (b) A copy of a current passport issued to the applicant; or

     (c) A copy of a voter registration card issued to the applicant pursuant to the provisions of NRS 293.517.

     (Added to NAC by Bd. of Cosmetology by R099-97, eff. 2-25-98; A by R112-01, 12-17-2001, eff. 1-1-2002; R092-06, 9-18-2006; R030-08, 9-18-2008)

      NAC 644.0503  Application for licensure as demonstrator of cosmetics. (NRS 644.110, 644.210)  An applicant for examination for a license as a demonstrator of cosmetics must submit to the Board:

     1.  A completed application on a form furnished by the Board;

     2.  The applicable fees;

     3.  Two photographs of the applicant that:

     (a) Are identical;

     (b) Have been taken not more than 90 days before the date of the submission of the application;

     (c) Are 1 1/2 by 1 1/2 inches in size;

     (d) Show the front view of the full face of the applicant in color against a plain white or off-white background and are otherwise substantially equivalent to a photograph suitable for use in a passport issued by the United States Government; and

     (e) Have the name and address of the applicant written on the back.

     (Added to NAC by Bd. of Cosmetology by R029-02, eff. 7-19-2002; A by R092-06, 9-18-2006; R030-08, 9-18-2008)

      NAC 644.0504  Examination for licensure as hair designer. (NRS 644.110, 644.244)  An examination for licensure as a hair designer will include, but is not limited to, a test on:

     1.  Infection control and safety;

     2.  The provisions of this chapter and chapter 644 of NRS;

     3.  Chemical treatments;

     4.  Haircutting;

     5.  Hot work; and

     6.  Shampoo.

     (Added to NAC by Bd. of Cosmetology by R099-97, eff. 2-25-98; A by R092-06, 9-18-2006; R030-08, 9-18-2008)

      NAC 644.0506  Examination for licensure as nail technologist. (NRS 644.110, 644.245)

     1.  An examination for licensure as a nail technologist will include, but is not limited to, a test on:

     (a) Infection control and safety;

     (b) The provisions of this chapter and chapter 644 of NRS;

     (c) The performance of a manicure of one hand, including the massage of the hand and forearm; and

     (d) The completion of a sculptured nail on one finger and the application of one tip with a fabric wrap.

     2.  An examination for licensure as a nail technologist may also include, without limitation, a test on the performance of a pedicure on one foot, including a foot massage up to the knee.

     (Added to NAC by Bd. of Cosmetology by R099-97, eff. 2-25-98; A by R092-06, 9-18-2006; R030-08, 9-18-2008)

      NAC 644.0508  Examination for licensure as aesthetician. (NRS 644.110, 644.247)  An examination for licensure as an aesthetician will include, but is not limited to, a test on:

     1.  Infection control and safety;

     2.  The provisions of this chapter and chapter 644 of NRS;

     3.  Performance of a manual facial, including skin analysis, cleaning, scientific manipulation, packs and masks;

     4.  Performance of the arching of an eyebrow, including the use of wax and manual and electric tweezers; and

     5.  Performance and analysis of the application of complete and corrective make-up and the application of false eyelashes.

     (Added to NAC by Bd. of Cosmetology by R099-97, eff. 2-25-98; A by R092-06, 9-18-2006; R030-08, 9-18-2008)

      NAC 644.051  Examination for licensure as cosmetologist: Scope of examination. (NRS 644.110, 644.240)  An examination for licensure as a cosmetologist will include, but is not limited to, a test on:

     1.  Infection control and safety;

     2.  The provisions of this chapter and chapter 644 of NRS;

     3.  Chemical treatments;

     4.  Haircutting;

     5.  Arching of the eyebrow;

     6.  Hot work;

     7.  Shampoo; and

     8.  Manicure, pedicure, and wrapping and extending fingernails.

     (Added to NAC by Bd. of Cosmetology, eff. 4-21-86; A by R099-97, 2-25-98; R092-06, 9-18-2006; R030-08, 9-18-2008)

      NAC 644.0515  Examination for licensure as cosmetologist: Examination in English, Spanish or another language. (NRS 644.110, 644.235)

     1.  An applicant for examination shall indicate, on the face of his application, the language in which the applicant wishes to have the examination offered.

     2.  The written and practical portions of the examination will be offered in English or Spanish without additional expense to an applicant.

     3.  An applicant who wishes to take the examination in a language other than English or Spanish must:

     (a) Pay all expenses for taking the examination in a language other than English or Spanish, including, without limitation, the costs for the development, preparation, administration, grading and evaluation of the examination.

     (b) Not less than 45 days before the date of the examination, file a written notice with the Executive Director containing the name of the interpreter to be used in the examination and the name of the organization with which the interpreter is affiliated.

     (c) At the time of the examination and at his own expense, provide an interpreter who meets the qualifications set forth in subsection 4 to translate the written and practical portions of the examination. The Executive Director may allow more than one applicant to share the services of an interpreter to reduce the expenses borne by those applicants.

     4.  To translate the written and practical portions of an examination pursuant to this section, an interpreter must be:

     (a) Affiliated with an organization that has been approved by the Board; and

     (b) Personally approved by the Executive Director.

     5.  The Executive Director shall:

     (a) Maintain a list of the organizations that have been approved by the Board to provide interpreters for the examination; and

     (b) Make the list available to applicants.

     6.  At the time of the examination, an interpreter shall provide such identification as is necessary to establish his identity and the identity of the organization with which he is affiliated.

     7.  For purposes of this section, “examination” means the examination for licensure as a cosmetologist.

     (Added to NAC by Bd. of Cosmetology by R112-01, 12-17-2001, eff. 1-1-2002; A by R092-06, 9-18-2006)

      NAC 644.052  Examination for licensure as instructor. (NRS 644.110, 644.260)  An applicant for licensure as an instructor must successfully complete:

     1.  A nationally recognized written examination, with a passing score of not less than 75 percent; and

     2.  A law examination consisting of 50 multiple-choice questions, with a passing score of not less than 75 percent.

     (Added to NAC by Bd. of Cosmetology, eff. 4-21-86; A 6-18-91)

      NAC 644.053  Examinations: General requirements; notice of results of written examination. (NRS 644.110, 644.210)

     1.  When an applicant for licensure in any branch of cosmetology registers for the written examination, he must submit to the Board:

     (a) If the applicant attended a school of cosmetology that is located in this State, an original record of completion of the required courses of training and a copy of the final time record for the courses studied;

     (b) If the applicant attended a school of cosmetology that is located outside of this State, including, without limitation, a school of cosmetology that is located outside of the United States, a letter or record from the governmental agency, if any, that regulates such schools in the appropriate jurisdiction which verifies that the student completed courses of training and attended a number of hours per subject that are comparable to the requirements in this State; or

     (c) If the applicant received his training pursuant to NRS 644.217 and 644.2175 and NAC 644.151 to 644.181, inclusive, as a cosmetologist’s apprentice, a copy of the final report submitted to the Board, pursuant to NAC 644.167, by the licensed cosmetologist who supervised and trained the apprentice.

     2.  Any hours taken at a school of cosmetology that is located outside of the United States are subject to the approval of the Board for the purposes of determining whether the training received is equivalent to the training which the applicant would have received at a school of cosmetology located in the United States.

     3.  The Board or its designee will send an acceptance letter to each applicant for the written examination. On the designated day and time of the written or practical examination, the applicant must present the acceptance letter and his picture identification at the location where the examination is being given for admittance into the examination. An applicant who fails to bring his acceptance letter and picture identification:

     (a) Will be denied entrance to the examination;

     (b) Forfeits any fees paid to take the examination; and

     (c) Must reregister before taking the examination.

     4.  The Board or its designee will notify the applicant and, if the applicant attended a school of cosmetology, the school of the results of his written examination and his percentage score not later than 3 weeks after the date of the written examination or, if the examination is graded by a testing company, as soon as the results are available from the testing company, whichever occurs later.

     5.  Each applicant must be on time to take the examination. Any applicant who arrives late:

     (a) Will be denied entrance to the examination;

     (b) Forfeits any fees paid to take the examination; and

     (c) Must reregister before taking the examination.

     6.  Except as otherwise provided in subsection 7, each applicant for licensure as a nail technologist, cosmetologist, hair designer, electrologist or aesthetician must bring to the examination a model or mannequin and all equipment required for the examination. The applicant must be able to complete the examination on the model or mannequin brought for the examination. An applicant who fails to bring a model or mannequin and all required equipment to the examination:

     (a) Will be denied entrance to the examination;

     (b) Forfeits any fees paid to take the examination; and

     (c) Must reregister before taking the examination.

     7.  An applicant may rent a supply kit for the examination directly from a company that makes such kits. The Board will not set or accept any fees for renting supply kits.

     8.  While taking an examination, each applicant must wear outer garments, including shoes, that are all white. No applicant will be required to wear a smock during the examination.

     (Added to NAC by Bd. of Cosmetology, eff. 4-21-86; A by R099-97, 2-25-98; R175-99, 1-14-2000; R029-02, 7-19-2002; R092-06, 9-18-2006)

      NAC 644.0536  Dispensation of examination for restoration of license after retirement. (NRS 644.110, 644.330)  The Board may dispense with the examination of a cosmetologist, nail technologist, aesthetician, electrologist or instructor pursuant to subsection 3 of NRS 644.330 if the person applying for restoration of his license provides proof of a current license in another state and verification that the license is in good standing.

     (Added to NAC by Bd. of Cosmetology, eff. 6-18-91; A by R092-06, 9-18-2006)

      NAC 644.0538  Maximum number of applicants. (NRS 644.110)  If the Board determines that the facility available as the site for an examination is inadequate to accommodate all the applicants, it may establish, by resolution, a maximum number of applicants who can sit for an examination.

     (Added to NAC by Bd. of Cosmetology, eff. 6-18-91)—(Substituted in revision for NAC 644.061)

      NAC 644.0539  Passing score. (NRS 644.110, 644.260)  The passing score for the examination of a cosmetologist, nail technologist, hair designer, aesthetician or electrologist is not less than 75 percent on the national written portion and a “Pass” on the practical examination.

     (Added to NAC by Bd. of Cosmetology, eff. 6-18-91; A by R099-97, 2-25-98; R112-01, 12-17-2001, 1-1-2002; R029-02, 7-19-2002)

Fees

      NAC 644.054  Initial license issued for less than 1 1/2 years. (NRS 644.110, 644.320)  The fee for any initial license issued by the Board for less than 1 1/2 years is:

1.  At least a portion of 1 month but less than 6 months... 25 percent of the biennial fee for that license.

2.  Six months or more but less than 12 months 50 percent of the biennial fee for that license.

3.  Twelve months or more but less than 18 months.......... 75 percent of the biennial fee for that license.

     (Added to NAC by Bd. of Cosmetology, eff. 10-16-87)

      NAC 644.0545  Provisional license as instructor. (NRS 644.110, 644.193)  The fee for a provisional license as an instructor is $70.

     (Added to NAC by Bd. of Cosmetology, eff. 6-18-91; A by R092-06, 9-18-2006)

      NAC 644.056  Renewal of certain licenses. (NRS 644.110, 644.325)  The fees for the renewal of certain licenses required pursuant to subsection 2 of NRS 644.325 are:

     1.  For instructors, hair designers, nail technologists, electrologists, aestheticians and cosmetologists, $70.

     2.  For cosmetological establishments, $200.

     (Added to NAC by Bd. of Cosmetology, eff. 11-3-92; A by R099-97, 2-25-98; R029-02, 7-19-2002; R034-08, 8-26-2008)

      NAC 644.062  Examination. (NRS 644.110, 644.220)  The fees for certain examinations required pursuant to subsection 1 of NRS 644.220 are:

     1.  For examination as a cosmetologist, $110.

     2.  For examination as an electrologist, $110.

     3.  For examination as a nail technologist, $110.

     4.  For examination as an aesthetician, $110.

     5.  For examination as a hair designer, $110.

     6.  For examination as an instructor, $110.

     7.  For each reexamination, $110.

     (Added to NAC by Bd. of Cosmetology, eff. 11-3-92; A by R099-97, 2-25-98; R029-02, 7-19-2002; R034-08, 8-26-2008)

SCHOOLS OF COSMETOLOGY

      NAC 644.080  Minimum requirements for space and accommodations. (NRS 644.110, 644.380)

     1.  Each school of cosmetology, aesthetics, nail technology or hair design must:

     (a) Have at least 5,000 square feet of floor space;

     (b) Provide properly equipped lecture rooms of sufficient size to accommodate all students; and

     (c) Provide separate lockers with sufficient space to store the student’s equipment.

     2.  In order to determine the total number of square feet of a school of cosmetology, the floor space must be measured from the interior walls.

     [Bd. of Cosmetology, No. 20.8, eff. 12-3-80]—(NAC A 6-18-91; R092-06, 9-18-2006)

      NAC 644.085  Minimum requirements for equipment. (NRS 644.110, 644.120, 644.380)  Each school must have the following working equipment:

     1.  Ten shampoo bowls that are located so that all 10 bowls may be in use at the same time.

     2.  Ten hair dryers, each of which must be equipped with a chair and a device that releases air on the client’s hair. For the purpose of this subsection, a handheld blow-dryer does not constitute a hair dryer.

     3.  Two facial chairs.

     4.  Ten manicure tables or bars, and stools.

     5.  Adequate wet and dry disinfectants that are registered with the Environmental Protection Agency.

     6.  Hot work equipment consisting of:

     (a) Five electric heaters.

     (b) Combs, as follows:

          (1) Fine-teeth combs;

          (2) Coarse-teeth combs;

          (3) Five electric pressing combs;

          (4) One shampoo comb per student;

          (5) Hard rubber combs; and

          (6) Styling combs.

     (c) Curling irons, as follows:

          (1) Twenty marcelling irons with revolving handles; and

          (2) One electric curling iron per student.

     (d) Oils and conditioners consisting of:

          (1) Pressing oils;

          (2) Scalp conditioners;

          (3) Hair conditioners for pressed hair made without a soap base, such as petroleum jelly;

          (4) Curling creams made with wax or other acceptable oils; and

          (5) Products for cleaning curling irons.

     7.  Ten dozen cold-wave rods of assorted sizes.

     8.  One covered container for hairpins, clips, nets and similar items for each student.

     9.  Five brushes, furnished by the school, for each student.

     10.  Closed waste containers of sufficient size and in sufficient quantity to permit the disposal of all refuse and waste matter by the school and its students.

     11.  One block, weft or mannequin on a firm stand for each beginning student.

     12.  One time clock which punches the date and time on time cards, or a computer or any other device approved by the Board, for use by the students to record their hours of training at the school.

     13.  Two shampoo capes for each student.

     14.  One chair for each student, or a sufficient number of tables and chairs for all of the students, in classes on theory.

     15.  Mirrors, worktables and styling chairs of sufficient number to accommodate the students enrolled.

     16.  At least one textbook per student and adequate reference material, charts, teaching aids and other materials to support the instruction in the school.

     17.  Adequate and safe electrical outlets.

     [Bd. of Cosmetology, No. 20.9, eff. 12-3-80]—(NAC A by R099-97, 2-25-98; R029-02, 7-19-2002; R092-06, 9-18-2006)

      NAC 644.090  Filing of standard contract, rules and financial forms. (NRS 644.110)  With its initial application for licensure, when any change relating to the information on its license occurs and upon renewal of its license, a school of cosmetology must file with the Board:

     1.  A copy of its standard contract and its rules.

     2.  A notice of any changes made during the previous 12 months with respect to its contracts or rules.

     3.  A copy of all financial forms utilized by the school with respect to tuition, grants, scholarships and other methods of subsidizing tuition.

     [Bd. of Cosmetology, No. 20.12, eff. 12-3-80]—(NAC A by R099-97, 2-25-98)

      NAC 644.095  Registration of students with Board. (NRS 644.110, 644.400)  A school of cosmetology shall register each student with the Board within 45 days after the student has enrolled in school. To register a student, the school shall submit a completed form provided by the Board that includes:

     1.  The name of the student;

     2.  The number of credit hours for which the student is enrolled;

     3.  If the student has transferred to the school of cosmetology and is requesting to receive credit for courses taken at another school of cosmetology, a copy of the letter issued by the Board verifying the number of hours for which the student has previously earned credit;

     4.  The signature of an authorized representative of the school;

     5.  Information about the student, including:

     (a) A copy of the student’s birth certificate, passport or voter registration card issued pursuant to the provisions of NRS 293.517;

     (b) An affidavit that the student has successfully completed at least the 10th grade in high school or its equivalent;

     (c) If applicable, proof of any name change of the student; and

     (d) If applicable, a copy of the approval of foreign documentation relating to the training of the student which must be issued by the Board before the student enrolls in the school; and

     6.  Any other information required by the Board.

     [Bd. of Cosmetology, No. 20.2, eff. 12-3-80; A 10-15-81]—(NAC A by R099-97, 2-25-98; R029-02, 7-19-2002; R092-06, 9-18-2006; R030-08, 9-18-2008)

      NAC 644.100  Registrar: Appointment; duties. (NRS 644.110, 644.400)  Each school of cosmetology shall appoint at least one of its employees to serve as registrar and shall file the name of the registrar with the Board. Each registrar shall:

     1.  Keep a daily record showing the attendance of each student.

     2.  Keep a record showing the training time for each student.

     3.  Ensure that the records are current, complete and accurate.

     4.  Forward to the Board the final time record of a student within 15 days after the student’s withdrawal from or completion of a course of training. If the student owes money to the school, the registrar may substitute a letter, in lieu of the final time record, which states that the final time record is being held for nonpayment of tuition or any fee owed to the school by the student.

     5.  Except as otherwise provided in subsection 4, provide any student who withdraws from the school copies of the final time record upon his request. These copies must be given to the student within 3 business days after his withdrawal from the school.

     [Bd. of Cosmetology, No. 20.3, eff. 12-3-80; A 10-15-81]—(NAC A by R099-97, 2-25-98; R029-02, 7-19-2002; R092-06, 9-18-2006; R030-08, 9-18-2008)

      NAC 644.105  Instructors; badges; limitation on practice of cosmetology by students. (NRS 644.110, 644.395, 644.408)

     1.  A school of cosmetology:

     (a) Shall maintain a staff of licensed instructors who are competent to give instruction in all subjects of its curriculum, including, without limitation, the subjects required by regulation of the Board.

     (b) Shall not use a licensed student instructor as a student operator.

     2.  Each student in cosmetology or hair designing shall wear a badge with the word “freshman” inscribed on it. This badge may not be removed, and the student may not work on the public until the student has completed a preliminary training period of 300 hours.

     3.  Each student in nail technology shall wear a badge with the word “freshman” inscribed on it. The badge may not be removed, and the student may not work on the public until the student has completed a preliminary training period of 100 hours.

     4.  Each student in aesthetics shall wear a badge with the word “freshman” inscribed on it. This badge must not be removed, and the student may not work on the public until the student has completed a preliminary training period of 150 hours.

     5.  Each student in electrology shall wear a badge with the word “freshman” inscribed on it. This badge must not be removed, and the student may not work on the public until the student has completed a preliminary training period of 160 hours.

     6.  Students shall not practice at home or in a cosmetological establishment and shall not give demonstrations other than those required of them by the school of cosmetology.

     7.  No instructor in a licensed school of cosmetology may, during the hours in which he is on duty as an instructor, devote his time to the public or to the private practice of cosmetology for compensation. Each instructor shall devote his full time during the hours he is on duty as an instructor to instructing students.

     [Bd. of Cosmetology, No. 20.4, eff. 12-3-80; A 10-15-81]—(NAC A 3-26-82; 11-18-82; R099-97, 2-25-98; R092-06, 9-18-2006; R030-08, 9-18-2008)

      NAC 644.110  Time records. (NRS 644.110, 644.400)

     1.  Each student shall register the time of day on a time record at the beginning of each day of training and at the completion of his training for the day. The student shall also document on a time record the period of each break that he takes during his day. To record the period of his breaks, a student may use a time record which is separate from that which is used to record the beginning and ending of his day.

     2.  A time record which contains any error may be changed only by authorization of the registrar and the instructor. The authorization must be evidenced by the initials of the registrar and instructor on the time record.

     3.  Original time records are the property of the school and must be maintained on school property at all times during the enrollment of the student to whom the time record pertains. A student, on request, is entitled to receive a copy of any of his time records from the school, unless he owes money to the school for tuition or fees for the period covered by his time records. The school shall provide the requested time records:

     (a) Within 3 business days, if the request is made in connection with the withdrawal of the student from the school; or

     (b) Within 10 business days after the request under any other circumstances.

     4.  All time records of a student must be maintained by the school for validation by the Board upon the completion of or withdrawal from the training by the student.

     [Bd. of Cosmetology, No. 20.11, eff. 12-3-80]—(NAC A 6-18-91; R099-97, 2-25-98; R029-02, 7-19-2002; R092-06, 9-18-2006)

      NAC 644.112  Final time records. (NRS 644.110)

     1.  A school of cosmetology shall:

     (a) Prepare a final time record for each student not later than 15 days after the student completes or withdraws from a course of training. The final time record must:

          (1) Be compiled from the student’s original time records;

          (2) Show the number of hours that the student has completed in each subject of training; and

          (3) Except as otherwise provided in this section, be signed by the registrar and the student.

     (b) Provide each student an opportunity to review and sign his final time record. If the student fails to sign his final time record or refuses to sign his final time record because he believes it to be in error, the school shall maintain the student’s original time records for not less than 1 year after the student completes or withdraws from the course of study.

     (c) Maintain each final time record for not less than 3 years after the student completes or withdraws from the course of study. The final time record must be readily available for inspection by the Board.

     2.  For the purposes of this section, a student shall be deemed to have withdrawn from a course of training if the school ceases to operate before the student completes the course of training.

     (Added to NAC by Bd. of Cosmetology by R030-08, eff. 9-18-2008)

      NAC 644.115  Curriculum for cosmetologists; exemption for barbers in certain circumstances. (NRS 644.110, 644.400)

     1.  Each school of cosmetology must offer the following subjects for training barbers and students to be cosmetologists:

     (a) Blow-drying.

     (b) Dispensary.

     (c) Extensions and wrapping of nails.

     (d) Facials, arching, skin and make-up.

     (e) Finger waving.

     (f) Hair coloring.

     (g) Haircutting.

     (h) Manicuring.

     (i) Miscellaneous practical and technical instruction, including, without limitation, field trips relating to the practice of cosmetology.

     (j) Modeling.

     (k) The provisions of this chapter and chapter 644 of NRS.

     (l) Pedicuring.

     (m) Permanent waving and chemical straightening.

     (n) Reception desk training.

     (o) Salon management.

     (p) Scalp treatments.

     (q) Shampooing and rinses.

     (r) Skipwaving.

     (s) Theory, with a minimum of 50 hours mandatory for students who are barbers and 250 hours mandatory for all other students.

     (t) Thermal straightening, curling and marcelling.

     (u) Wet hairdressing.

     (v) Wigs and hairpieces.

     2.  A student may, after completing 1,200 hours of training, earn credit for up to 16 hours of training by attending field trips that are approved by the school. A field trip must be conducted under the direct supervision of a licensed instructor. The instructor shall accompany the student and be available to provide assistance or instruction to the student at all times during the field trip. The student must submit a time record, authenticated by the instructor, for each field trip.

     3.  If a barber enrolls in a school of cosmetology, the school shall administer an examination to determine his areas of knowledge. The school may, if it deems it appropriate, excuse a barber from any of the subjects listed in subsection 1.

     4.  As used in this section:

     (a) “Barber” means a licensed barber, as defined in subsection 6 of NRS 643.010, who is studying to become a cosmetologist.

     (b) “Student” means a person receiving instruction in a school of cosmetology.

     [Bd. of Cosmetology, No. 20.5, eff. 12-3-80; A 10-15-81]—(NAC A 6-18-91; R099-97, 2-25-98; R030-08, 9-18-2008)

      NAC 644.116  Curriculum for hair designers. (NRS 644.110, 644.400)

     1.  A school of cosmetology must offer the following subjects for training hair designers:

     (a) Blow-drying;

     (b) Dispensary;

     (c) Finger waving;

     (d) Hair coloring;

     (e) Haircutting;

     (f) Modeling;

     (g) The provisions of this chapter and chapter 644 of NRS;

     (h) Permanent waving and chemical straightening;

     (i) Reception desk training;

     (j) Salon management;

     (k) Scalp treatment;

     (l) Shampooing and rinses;

     (m) Skipwaving;

     (n) Theory, with a minimum of 150 hours mandatory;

     (o) Thermal straightening, curling or marcelling;

     (p) Wet hairdressing;

     (q) Wigs and hairpieces; and

     (r) Miscellaneous practical and technical instruction, including, without limitation, field trips relating to the practice of a hair designer.

 

     2.  A student may, after completing 900 hours of training, earn credit for up to 16 hours of training by attending field trips that are approved by the school. A field trip must be conducted under the direct supervision of a licensed instructor. The instructor shall accompany the student and be available to provide assistance or instruction to the student at all times during the field trip. The student must submit to the school a time record, authenticated by the instructor, for each field trip.

     (Added to NAC by Bd. of Cosmetology by R099-97, eff. 2-25-98; A by R030-08, 9-18-2008)

      NAC 644.117  Curriculum for aestheticians. (NRS 644.110, 644.400)

     1.  Each school of cosmetology shall offer the following subjects for training students to be aestheticians:

     (a) Massaging of the body.

     (b) Removal of hair of the body, including the face.

     (c) Treatment of the skin.

     (d) Packs and masks.

     (e) Application of make-up.

     (f) Application of false eyelashes.

     (g) Arching of eyebrows.

     (h) Tinting of eyelashes and eyebrows.

     (i) Lightening of hair on the body, except the scalp.

     (j) Theory, 150 hours.

     (k) Training in the use of electrical or mechanical devices that are approved by the Board for the care and treatment of skin.

     (l) The provisions of this chapter and chapter 644 of NRS.

     (m) Miscellaneous practical and technical instruction, including, without limitation, field trips relating to the practice of an aesthetician.

     (n) Any other practical or technical instruction which the Board may require.

     2.  A student may, after completing 450 hours of training, earn credit for up to 8 hours of training by attending field trips that are approved by the school. A field trip must be conducted under the direct supervision of a licensed instructor. The instructor shall accompany the student and be available to provide assistance or instruction to the student at all times during the field trip. The student must submit to the school a time record, authenticated by the instructor, for each field trip.

     (Added to NAC by Bd. of Cosmetology, eff. 3-26-82; A 11-24-87; R099-97, 2-25-98; R092-06, 9-18-2006; R030-08, 9-18-2008)

      NAC 644.120  Curriculum for nail technologists. (NRS 644.110, 644.400)

     1.  The following subjects constitute the curriculum for nail technologists:

     (a) Manicuring.

     (b) Modeling.

     (c) The provisions of this chapter and chapter 644 of NRS.

     (d) Pedicuring.

     (e) Theory, 80 hours.

     (f) Wraps and extensions for nails.

     (g) Miscellaneous practical and technical instruction, including, without limitation, field trips relating to the practice of a nail technologist.

     (h) Any other practical or technical instruction which the Board may require.

     2.  A student may, after completing 375 hours of training, earn credit for up to 8 hours of training by attending field trips that are approved by the school. A field trip must be conducted under the direct supervision of a licensed instructor. The instructor shall accompany the student and be available to provide assistance or instruction to the student at all times during the field trip. The student must submit a time record, authenticated by the instructor, for each field trip.

     [Bd. of Cosmetology, No. 20.6, eff. 12-3-80; A 10-15-81]—(NAC A 11-24-87; R099-97, 2-25-98; R030-08, 9-18-2008)

      NAC 644.123  Curriculum for provisional instructors and student instructors. (NRS 644.110, 644.400)

     1.  The following subjects constitute the curriculum for provisional instructors and student instructors:

     (a) Teaching methods and techniques.

     (b) Developing measurable objectives for performance.

     (c) Lesson planning.

     (d) Use of teaching aids.

     (e) Use of questioning and problem-solving strategies.

     (f) Classroom management.

     (g) The provisions of this chapter and chapter 644 of NRS.

     2.  A school of cosmetology shall organize its curriculum to enable:

     (a) A provisional instructor to complete at least 350 hours of the 500 hours of training that are required for licensure as an instructor pursuant to NRS 644.195 in the subject of teaching methods and techniques.

     (b) A student instructor to complete at least 700 hours of the 1,000 hours of training that are required for licensure as an instructor pursuant to NRS 644.195 in the subject of teaching methods and techniques.

     (Added to NAC by Bd. of Cosmetology, eff. 6-18-91; A by R092-06, 9-18-2006; R030-08, 9-18-2008)

      NAC 644.124  Transfer of credit hours. (NRS 644.110)

     1.  The number of credit hours that may be transferred from one course of study of cosmetology to another will be determined as follows:

     (a) A student in cosmetology who transfers to nail technology will receive credit for the number of actual hours taken in courses in nail technology, up to a maximum of 150 hours.

     (b) A student in cosmetology who transfers to aesthetics will receive credit for the number of actual hours taken in courses in aesthetics, up to a maximum of 160 hours.

     (c) A student in nail technology who transfers to cosmetology will receive credit for the actual number of hours taken, up to a maximum of 150 hours.

     (d) A student in aesthetics who transfers to cosmetology will receive credit for the actual number of hours taken, up to a maximum of 160 hours.

     (e) A student in hair designing who transfers to cosmetology will receive credit for the actual number of hours taken.

     (f) For a student in cosmetology who transfers to hair designing, the number of hours earned by that student for courses in nail technology and aesthetics and 20 percent of all hours earned for courses involving theory only will be deducted from the total number of hours earned by the student. The student will receive credit for any remaining hours.

     2.  A student who receives credit for hours taken upon transferring to a different course of study and who subsequently returns to his first course of study will receive credit for the original total number of hours earned in the first course of study.

     3.  Hours earned by a student while he is outside of this State, including, without limitation, hours earned by a student while he is outside of the United States, may be transferred only for credit for courses in cosmetology, electrology, aesthetics and nail technology. To receive credit for such hours, the student must provide the Board with complete current documentation of the enrolled hours per subject. Such hours must be properly validated by the appropriate regulatory entity for the jurisdiction in which the hours were earned, if that entity provides such validations.

     4.  Except as otherwise provided in this section, hours earned by a student at a school of barbering will be accepted in their entirety as they apply to a desired field of cosmetology. The Board will not give credit for courses in shaving or tonic applications.

     5.  A student receiving credit under subsection 4 will not receive credit for more than 20 percent of the credits earned in theory classes.

     6.  To receive credit under subsection 4, a student must have training in permanent waving and wet hair sculpting.

     7.  To receive credit for hours under subsection 4, a student must provide the Board with complete current documentation of the enrolled hours per subject. Such hours must be properly validated by the appropriate regulatory entity for the jurisdiction in which the hours were earned, if that entity provides such validations.

     (Added to NAC by Bd. of Cosmetology by R099-97, eff. 2-25-98; A by R029-02, 7-19-2002; R092-06, 9-18-2006)

      NAC 644.125  Recesses. (NRS 644.110)  Each school of cosmetology shall provide every student in attendance at least:

     1.  One 30-minute lunch recess for every 7 hours of training time; and

     2.  One 15-minute break for every 3 1/2 hours of training time.

     [Bd. of Cosmetology, Nos. 20.15 & 20.16, eff. 10-15-81]

      NAC 644.130  Prohibition against requiring students to purchase supplies for use in course of study. (NRS 644.110)  A school of cosmetology shall not require students to purchase beauty supplies for use in the course of study, including, but not limited to, shampoos, conditioners, nail files, nail tips and any other consumable item.

     [Bd. of Cosmetology, No. 20.13, eff. 10-15-81]—(NAC A by R099-97, 2-25-98)

      NAC 644.135  Prohibition against deducting earned credit as punishment. (NRS 644.110)  A school of cosmetology shall not deduct earned hours of school credit as a method of punishment for misbehavior.

     [Bd. of Cosmetology, No. 20.14, eff. 10-15-81]

      NAC 644.145  Advertising; display of sign stating services performed by students. (NRS 644.110)

     1.  A school’s advertising of cosmetological services must not be false, misleading or deceptive.

     2.  No school may advertise that its students will earn commissions, salaries or pay of any other kind, other than gratuities, for services rendered.

     3.  A sign must be posted within each school of cosmetology to read “School of Cosmetology, Work Done Exclusively by Students,” or words of similar substance. The sign must be displayed in the reception room and in full view of all patrons, students and instructors in the school.

     [Bd. of Cosmetology, No. 20.7, eff. 12-3-80]—(NAC A by R092-06, 9-18-2006)

COSMETOLOGISTS’ APPRENTICES

      NAC 644.151  Application. (NRS 644.110, 644.217, 644.2175)

     1.  To receive a certificate of registration as a cosmetologist’s apprentice, an applicant must complete and submit to the Board an application on the appropriate form provided by the Board.

     2.  In addition to the information specified in subsection 3 of NRS 644.217, the form must be accompanied by:

     (a) Proof satisfactory to the Board that the applicant:

          (1) Is a resident of a county in this State whose population is less than 50,000;

          (2) Is required to travel more than 60 miles from his place of residence to attend a licensed school of cosmetology;

          (3) Is not less than 16 years of age at the time of application;

          (4) Is of good moral character; and

          (5) Has completed at least the 10th grade in high school or its equivalent;

     (b) A copy of the applicant’s birth certificate, passport or voter registration card issued pursuant to the provisions of NRS 293.517;

 

     (c) Two photographs of the applicant that:

          (1) Are identical;

          (2) Have been taken not more than 90 days before the date of the submission of the application;

          (3) Are 1 1/2 by 1 1/2 inches in size;

          (4) Show the front view of the full face of the applicant in color against a plain white or off-white background and are otherwise substantially equivalent to a photograph suitable for use in a passport issued by the United States Government; and

          (5) Have the name and address of the applicant written on the back;

     (d) A copy of the petition of the licensed cosmetologist who will be supervising and training the applicant if he is approved to be a cosmetologist’s apprentice;

     (e) A statement from the owner of the cosmetological establishment where the applicant will be trained which states that the owner has received written approval from the Board that the cosmetological establishment satisfies the requirements of NAC 644.164; and

     (f) Proof of any name changes of the applicant, if applicable.

     (Added to NAC by Bd. of Cosmetology by R175-99, eff. 1-14-2000; A by R029-02, 7-19-2002; R092-06, 9-18-2006; R030-08, 9-18-2008)

      NAC 644.154  Petition to supervise and train cosmetologist’s apprentice. (NRS 644.110, 644.2175)

     1.  To supervise and train a cosmetologist’s apprentice, a licensed cosmetologist must complete a petition on the appropriate form provided by the Board. The applicant for a certificate of registration as a cosmetologist’s apprentice must obtain this completed petition and include it with his application submitted pursuant to NAC 644.151.

     2.  The petition must be accompanied by proof, satisfactory to the Board, that the petitioner:

     (a) Has been licensed by the Board to practice cosmetology in this State for not less than 3 years immediately preceding the date of submittal of an application for a certificate of registration pursuant to NAC 644.151;

     (b) Has been in good standing with the Board during the 3-year period specified in paragraph (a);

     (c) Resides in the same county of this State as the applicant for a certificate of registration as a cosmetologist’s apprentice whom he seeks to supervise; and

     (d) Currently works in or operates a licensed cosmetological establishment:

          (1) In which all the occupations of cosmetology are practiced;

          (2) Which is the same establishment referred to in the owner’s statement of permission and the owner’s statement that he has received written approval from the Board that were submitted with the application for a certificate of registration pursuant to subsection 3 of NRS 644.217 and NAC 644.151, respectively; and

          (3) Which is located in the same county of this State in which the applicant for a certificate of registration as a cosmetologist’s apprentice resides.

     (Added to NAC by Bd. of Cosmetology by R175-99, eff. 1-14-2000; A by R092-06, 9-18-2006)

      NAC 644.157  Approval or denial of application. (NRS 644.110, 644.2175)  The Board will review an application submitted pursuant to NAC 644.151, including the petition completed by the licensed cosmetologist pursuant to NAC 644.154, and approve or deny it within 30 days after the date it is received by the Board. If approved, a certificate of registration will be issued and sent to the cosmetologist’s apprentice within 10 days after the date the Board approves the application.

     (Added to NAC by Bd. of Cosmetology by R175-99, eff. 1-14-2000)

 

      NAC 644.161  Validity of certificate of registration; validity of authorization to supervise. (NRS 644.110, 644.2175)

     1.  A certificate of registration as a cosmetologist’s apprentice is valid for training only with the licensed cosmetologist and the cosmetological establishment approved by the Board when the certificate of registration was issued.

     2.  Authorization of a licensed cosmetologist to supervise and train a cosmetologist’s apprentice is valid only for the cosmetologist’s apprentice named in the certificate of registration and only for the period during which the cosmetologist’s apprentice holds the certificate of registration.

     3.  If a cosmetologist’s apprentice is unable to complete the number of hours of training required by NRS 644.200 with the licensed cosmetologist or the cosmetological establishment approved by the Board when the certificate of registration was issued:

     (a) That certificate of registration is not valid for use with another supervising licensed cosmetologist or cosmetological establishment; and

     (b) The cosmetologist’s apprentice may apply for a new certificate of registration with a different supervising licensed cosmetologist or a different cosmetological establishment named as the site for the training of the cosmetologist’s apprentice.

     4.  Except as otherwise provided in this subsection, the Board may allow a cosmetologist’s apprentice who applies for and receives a new certificate of registration pursuant to subsection 3 to apply training hours earned pursuant to his previous certificate of registration to the number of hours of training required pursuant to NRS 644.200. The Board will not allow the application of hours earned 4 years or more before the date that the cosmetologist’s apprentice applies for the new certificate of registration.

     5.  If the reason that a cosmetologist’s apprentice must apply for a new certificate of registration pursuant to subsection 3 is because the licensed cosmetologist or the cosmetological establishment approved by the Board when the certificate of registration was issued refuses or is unable to complete the training, the Board may waive the application fee for that applicant.

     (Added to NAC by Bd. of Cosmetology by R175-99, eff. 1-14-2000)

      NAC 644.164  Requirements for cosmetological establishment. (NRS 644.110, 644.120, 644.2175)

     1.  Before an application for a certificate of registration as a cosmetologist’s apprentice may be approved by the Board, the owner of the cosmetological establishment where the applicant will be trained must contact the Board and request an oral review to determine whether the cosmetological establishment meets the requirements of this section. The Board will conduct an on-site inspection of the cosmetological establishment not later than 90 days after the date on which the certificate of registration is issued to the applicant.

     2.  A cosmetological establishment where a cosmetologist’s apprentice will be trained must have available in a designated area for the use of the cosmetologist’s apprentice:

     (a) One styling chair;

     (b) One shampoo bowl;

     (c) One handheld blow-dryer and one dryer that is equipped with a chair and a device that releases air onto the client’s hair;

     (d) One table for administering a manicure;

     (e) Supplies for performing a process, that is acceptable to the Board, for the wet and dry disinfecting of instruments used in cosmetology through the use of disinfectants that are registered with the Environmental Protection Agency;

     (f) Equipment for hot work, consisting of:

          (1) An electric heater;

          (2) A pressing comb;

          (3) A marcel curling iron; and

          (4) Petroleum jelly for the protection of the client’s skin while hot work is being performed;

     (g) A sufficient amount of equipment and supplies to block, wrap and complete one permanent cold wave, including rollers, rods, end papers and cotton;

     (h) Equipment and supplies for tinting, including one bowl, one brush and two bottles for the application of the tint;

     (i) Supplies, creams and lotions for performing a facial;

     (j) One head of a mannequin;

     (k) At least one standard textbook concerning cosmetology, a workbook for the theory of cosmetology and a workbook for the practice of cosmetology;

     (l) A copy of the provisions of this chapter and chapter 644 of NRS;

     (m) Combs and brushes for the performance of all services requiring combs and brushes;

     (n) Tapering shears;

     (o) Strips for protecting the neck of the client;

     (p) Scissors;

     (q) One razor and blade with a guard;

     (r) One plastic spray bottle;

     (s) Bandages;

     (t) Protective gloves;

     (u) Instruments for holding rollers in the hair, commonly referred to as “clippies”;

     (v) Equipment for hot waxing;

     (w) Oils and conditioners, consisting of:

          (1) Pressing oils;

          (2) Scalp conditioners, including at least one conditioner made without a soap base, especially for pressed hair;

          (3) Hair conditioners made without a soap base, especially for pressed hair, such as petroleum jelly;

          (4) Curling creams made with wax or petroleum jelly; and

          (5) Dry, cleaning fluids for pressing hair, such as alcohol;

     (x) One heated cap for the treatment of hair;

     (y) A covered container for the storage of hairpins, clips, nets and similar items;

     (z) One shampoo cape; and

     (aa) Supplies for performing manicures and pedicures, including:

          (1) Emery boards;

          (2) Cream for cuticles;

          (3) Base coat;

          (4) Top coat;

          (5) Nail polish;

          (6) A bowl for water;

          (7) Supplies for sanitizing instruments used to perform a manicure or pedicure;

          (8) Sticks made of orangewood for single use or other instruments that can be sanitized professionally for pushing back cuticles; and

          (9) Tips, wraps, extensions and sculptured nails.

     (Added to NAC by Bd. of Cosmetology by R175-99, eff. 1-14-2000; A by R029-02, 7-19-2002; R092-06, 9-18-2006)

      NAC 644.167  Duties of supervising cosmetologist. (NRS 644.110, 644.2175, 644.471)  A licensed cosmetologist who has been authorized by the Board to supervise and train a cosmetologist’s apprentice and who is supervising and training a cosmetologist’s apprentice shall, in addition to the duties specified in NRS 644.2175:

     1.  Specify, in the daily record of the training of the cosmetologist’s apprentice, the number of hours spent on each subject and the type of training that was administered;

     2.  Provide practical training and technical instruction in the subjects and for the hours listed below:

     (a) Blow-drying, 160 hours;

     (b) Dispensary, 50 hours;

     (c) Extensions and wrapping of nails, 40 hours;

     (d) Facials, arching, skin care and make-up, 120 hours;

     (e) Finger waving, 120 hours;

     (f) Hair coloring, 400 hours;

     (g) Haircutting, 450 hours;

     (h) Manicuring, 150 hours;

     (i) Miscellaneous practical and technical instruction, 180 hours;

     (j) Modeling, 60 hours;

     (k) The provisions of chapter 644 of NRS and the regulations adopted pursuant thereto, 40 hours;

     (l) Pedicuring, 50 hours;

     (m) Permanent waving and chemical straightening, 500 hours;

     (n) Receptionist’s duties, 50 hours;

     (o) Salon management, 50 hours;

     (p) Scalp treatment, 50 hours;

     (q) Shampooing and rinses, 50 hours;

     (r) Skipwaving, 120 hours;

     (s) Theory, 410 hours;

     (t) Thermal straightening, curling and marcelling, 300 hours;

     (u) Wet hairdressing, 200 hours; and

     (v) Wigs and hairpieces, 50 hours;

     3.  Administer monthly tests on the theory and the practice of the subjects specified in subsection 2;

     4.  Submit monthly reports to the Board, signed by himself and by the cosmetologist’s apprentice, that summarize the apprentice’s record of attendance, the training he has received during the previous month and his scores on any tests administered during the previous month;

     5.  Ensure that the cosmetologist’s apprentice wears, at all times that he is receiving training or performing work on the public, a clean outer garment that meets the requirements of NAC 644.355 and a badge pursuant to the requirements of NAC 644.174;

     6.  Ensure that the certificate of registration of the cosmetologist’s apprentice is in plain view of the public at the position where he is being trained and performing work on the public;

     7.  Limit the training of the cosmetologist’s apprentice to not more than 40 hours per week and not more often than 5 days out of every 7 consecutive days;

     8.  Not commence training until he has ensured that the cosmetologist’s apprentice has received a certificate of registration from the Board; and

     9.  Upon completion of the training of the cosmetologist’s apprentice, submit to the Board a final report that:

     (a) Documents that the cosmetologist’s apprentice completed the number of hours of training required pursuant to NRS 644.200 and the number of hours spent on each of the subjects specified in subsection 2;

     (b) Summarizes the training provided to the cosmetologist’s apprentice; and

     (c) States whether the cosmetologist’s apprentice is ready to take the written examination for a license as a cosmetologist.

     (Added to NAC by Bd. of Cosmetology by R175-99, eff. 1-14-2000)

      NAC 644.171  Posting of certificate of registration; minimum training required before apprentice may work on public. (NRS 644.110, 644.2175)  A cosmetologist apprentice may not:

     1.  Commence training until his certificate of registration is placed in plain view of the public at the place where he is being trained and performing work on the public; or

     2.  Perform work on the public until he has received at least 350 hours of technical training, with at least a portion of that time devoted to each of the subjects specified in subsection 2 of NAC 644.167.

     (Added to NAC by Bd. of Cosmetology by R175-99, eff. 1-14-2000)

      NAC 644.174  Badge. (NRS 644.110, 644.2175)  Each cosmetologist’s apprentice shall construct and wear, at all times when receiving training or performing work on the public, a badge which contains the name and photograph of the cosmetologist’s apprentice, his certificate of registration number and the name of the licensed cosmetologist who is supervising and training him.

     (Added to NAC by Bd. of Cosmetology by R175-99, eff. 1-14-2000)

      NAC 644.177  Failure to display certificate of registration or wear badge. (NRS 644.110, 644.2175, 644.430)  For the purposes of NRS 644.430, the failure of a:

     1.  Cosmetologist’s apprentice to display properly his certificate of registration or wear the badge required pursuant to NAC 644.174; and

     2.  Licensed cosmetologist who is supervising and training a cosmetologist’s apprentice to ensure the proper display of the certificate of registration or the wearing of the badge by the cosmetologist’s apprentice,

Ê shall be deemed an unfair or unjust practice that constitutes grounds for disciplinary action by the Board.

     (Added to NAC by Bd. of Cosmetology by R175-99, eff. 1-14-2000)

      NAC 644.181  Disciplinary action. (NRS 644.110, 644.2175, 644.430)  A licensed cosmetologist who is supervising and training a cosmetologist’s apprentice may be subject to discipline by the Board for any action or omission for which the cosmetologist’s apprentice is subject to discipline by the Board.

     (Added to NAC by Bd. of Cosmetology by R175-99, eff. 1-14-2000)

SCHOOLS OF ELECTROLOGY

      NAC 644.200  Minimum requirements for space and accommodations. (NRS 644.110, 644.380)  Each school of electrology must have:

     1.  At least 1,000 square feet of floor space for the first 10 students enrolled and 100 square feet for each additional student.

     2.  If it is within a school of cosmetology, 100 square feet of partitioned space for each student of electrology. This requirement is in addition to the initial 5,000 square feet required for the school of cosmetology.

     3.  Properly equipped lecture rooms of sufficient size to accommodate all students.

     4.  Separate lockers with sufficient space to store equipment.

     [Bd. of Cosmetology, No. 22.7, eff. 12-3-80]

      NAC 644.205  Minimum requirements for equipment. (NRS 644.110, 644.120, 644.380)  Each school must have the following working equipment for each student:

     1.  One high-frequency generator or thermalysis machine, or one galvanic generator or electrolysis machine;

     2.  Twelve disposable needles ranging in size from 0.003 to 0.008 inches;

     3.  One complete set of electrodes and connections with each machine;

     4.  One stool which is adjustable in height;

     5.  One table or chair per patron;

     6.  One utility stand per setup;

     7.  One towel cabinet;

     8.  One pair of fine-pointed epilation forceps;

     9.  One set of magnifying glasses;

     10.  Covered containers for lotions, creams, ointments, soaps, sanitizing agents, disinfecting agents and cotton;

     11.  Hospital-grade containers in which to immerse equipment for sterilization;

 

     12.  Covered containers for keeping items such as instruments and needles sanitized; and

     13.  A covered receptacle for waste.

     [Bd. of Cosmetology, No. 22.8, eff. 12-3-80]—(NAC A by R092-06, 9-18-2006)

      NAC 644.210  Filing of standard contract, rules and financial forms. (NRS 644.110)  Each school of electrology shall file with the Board:

     1.  A copy of its standard contract and rules, upon renewal of its license.

     2.  A statement of any changes made throughout the year with respect to its contract or rules.

     3.  A copy of each financial form used by it with respect to tuition, grants, scholarships or any other method of subsidizing tuition.

     [Bd. of Cosmetology, No. 22.11, eff. 12-3-80]

      NAC 644.215  Registration of students with Board. (NRS 644.110, 644.400)  A school of electrology shall register each student with the Board within 45 days after the student has enrolled in the school. To register a student, the school shall submit a completed form provided by the Board that includes:

     1.  The name of the student;

     2.  The number of credit hours for which the student is enrolled;

     3.  If the student has transferred to the school of cosmetology and is requesting to receive credit for courses taken at another school of cosmetology, a copy of the letter issued by the Board verifying the number of hours for which the student has previously earned credit;

     4.  The signature of an authorized representative of the school;

     5.  A copy of the student’s birth certificate, passport or voter registration card issued pursuant to the provisions of NRS 293.517;

     6.  An affidavit stating that the student has successfully completed at least the 10th grade in high school or its equivalent;

     7.  If applicable, proof of any name change of the student;

     8.  If applicable, a copy of the validation of foreign documentation required under subsection 3 of NAC 644.124; and

     9.  Any other information required by the Board.

     [Bd. of Cosmetology, No. 22.2, eff. 12-3-80]—(NAC A by R092-06, 9-18-2006; R030-08, 9-18-2008)

      NAC 644.220  Registrar: Appointment; duties. (NRS 644.110, 644.400)  Each school of electrology shall appoint at least one of its employees to serve as a registrar and file the name of the registrar with the Board. The registrar shall:

     1.  Keep a daily record of the attendance of each student.

     2.  Keep a record of training time.

     3.  Send to the Board on the 15th day of each month a copy of the record of attendance and training time, and furnish a copy to each student upon request. The school shall keep the original for its own records. The record must be signed by the registrar, instructor and student.

     4.  Maintain each student’s file for the duration of his attendance. At the completion of training, the registrar shall send to the Board the original record of the completion and a copy of the final time record.

     5.  Ensure that the records are accurate.

     6.  Send the student’s record of withdrawal or completion to the Board within 15 days after the student has withdrawn or completed his course. Each such record must be signed by the student, if available, and the registrar.

     7.  Provide each student who withdraws from the school copies of the record of his withdrawal and his time records, upon his request. These records must be given to the student within 3 business days after his withdrawal from school if such a request has been made.

     [Bd. of Cosmetology, No. 22.3, eff. 12-3-80]—(NAC A by R099-97, 2-25-98; R092-06, 9-18-2006)

      NAC 644.225  Instruction of students; badges; limitation on practice of electrology by students. (NRS 644.110, 644.395, 644.400)

     1.  A school of electrology shall maintain a staff of licensed instructors competent to give instruction in all subjects of the curriculum, including the subjects required by this chapter to be taught at the school.

     2.  Students must be given at least 1 hour of instruction in theory each day before working on patrons that day. Any student who fails to attend the instruction on theory shall remain in school for the duration of the day and receive training in another facet of electrology not related to the participation of patrons.

     3.  Initially, each student must be identified by wearing a badge with the word “freshman” inscribed on it. This badge may not be removed until the completion of a preliminary training period of 160 hours or an equivalent of 20 days.

     4.  No instructor in a licensed school of electrology may apply his time to the public or private practice of cosmetology or electrology for compensation during the hours he is on duty as an instructor. Every instructor shall devote his full time during the hours that he is on duty as an instructor to instructing students.

     5.  Students shall not practice electrology at home or in a cosmetological establishment, or give demonstrations other than those required of them by the school of electrology.

     [Bd. of Cosmetology, No. 22.4, eff. 12-3-80]

      NAC 644.230  Time records. (NRS 644.110, 644.400)  Each school of electrology must have a time clock, computer or other device approved by the Board that generates a time record. Such devices, and the records generated by those devices, used in schools of electrology must be administered and maintained in the same manner as in schools of cosmetology.

     [Bd. of Cosmetology, No. 22.10, eff. 12-3-80]—(NAC A by R099-97, 2-25-98)

      NAC 644.235  Requirements for practical training and technical instruction. (NRS 644.110, 644.400)  Each school of electrology must offer to its students practical training and technical instruction in the subjects and for the hours shown below:

     1.  Electrology and thermology, 650 hours in the following subjects:

     (a) Sanitation and sterilization;

     (b) Protection of patrons, including draping;

     (c) Use of equipment and instruments;

     (d) Insertion of instruments, single and multiple;

     (e) Precautionary measures before and after treatment;

     (f) Immediate aftercare;

     (g) Home care;

     (h) Destruction of the papilla;

     (i) Observation of demonstrations; and

     (j) Observation of results of work. (At least 60 percent of the hours in this subject must be spent in performing services on another person.)

     2.  Theoretical and practical training, 20 hours in the following subjects:

     (a) Ethics;

     (b) Conduct;

     (c) Courtesy;

     (d) Telephone etiquette; and

     (e) Salesmanship.

     3.  Instruction in theory, 250 hours in the following subjects:

     (a) Sanitation and sterilization;

     (b) Electricity;

     (c) Electrology;

     (d) Thermology;

     (e) Dermatology;

     (f) Trichology;

     (g) Bacteriology;

     (h) The peripheral vascular system (capillaries);

     (i) The sensory nervous system (nerve endings); and

     (j) The provisions of chapter 644 of NRS which are pertinent to the practice of electrology.

     4.  In modeling for electrology and thermology, 80 hours.

     [Bd. of Cosmetology, No. 22.5, eff. 12-3-80]

      NAC 644.240  Location within school of cosmetology. (NRS 644.110, 644.380)  Schools of electrology may be located within schools of cosmetology.

     [Bd. of Cosmetology, No. 22.9, eff. 12-3-80]—(NAC A by R092-06, 9-18-2006)

      NAC 644.245  Advertising; display of sign stating services performed by students. (NRS 644.110)

     1.  A school of electrology which advertises the availability of services in electrology shall designate the services as services by students. Advertising must not be false, misleading or deceptive.

     2.  No such school may advertise that its students earn commissions, salaries or other pay, except gratuities, for services rendered.

     3.  In the reception room of the school, a sign must be posted which contains the words “School of Electrology, Work Done Exclusively by Students,” or words of similar substance, in letters large enough to be read the length of the room. The sign must be displayed in full view of all patrons, students and instructors in the school.

     [Bd. of Cosmetology, No. 22.6, eff. 12-3-80]

      NAC 644.250  Requirements for practical examination. (NRS 644.110)  In taking a practical examination, an applicant must appear in a clean, washable garment and furnish such supplies, model and equipment as may be designated by the Board.

     [Bd. of Cosmetology, No. 22.12, eff. 12-3-80]

ELECTROLOGISTS’ APPRENTICES

      NAC 644.255  Application. (NRS 644.110, 644.203, 644.215)  Each person wishing to become an electrologist’s apprentice must apply to the Board on a form prescribed by the Board and show that he:

     1.  Resides in Nevada;

     2.  Is 18 years of age or over;

     3.  Is of good moral character and temperate habits;

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

     5.  Has submitted two photographs of himself that:

     (a) Are identical;

     (b) Have been taken not more than 90 days before the date of the submission of the application;

     (c) Are 1 1/2 by 1 1/2 inches in size;

     (d) Show the front view of the full face of the applicant in color against a plain white or off-white background and are otherwise substantially equivalent to a photograph suitable for use in a passport issued by the United States Government; and

     (e) Have his name and address written on the back;

     6.  Has a birth certificate, passport or voter registration card issued pursuant to the provisions of NRS 293.517; and

     7.  Is prepared to undertake a training program for at least 1,000 hours, extending over 5 consecutive months.

     [Bd. of Cosmetology, No. 23.2, eff. 12-3-80]—(NAC A by R092-06, 9-18-2006; R030-08, 9-18-2008)

      NAC 644.260  Petition to supervise electrologist’s apprentice. (NRS 644.110, 644.203)  Every person wishing to supervise and instruct an electrologist’s apprentice must petition the Board on a form prescribed by the Board. The petition must show that the petitioner:

     1.  Is a licensed electrologist and has been licensed and has practiced continuously for at least 2 years before the date of his petition.

     2.  Resides in Nevada.

     3.  Works in or operates a cosmetological establishment licensed by the Board.

     4.  Understands that:

     (a) Before he commences to train an electrologist’s apprentice, the cosmetological establishment must be inspected and approved by the Board as a suitable place for conducting such training, and that the establishment must have the supplies and equipment set forth in NAC 644.205 to be deemed suitable.

     (b) Only after he has been approved to instruct the electrologist’s apprentice and the cosmetological establishment has been approved for such training will a permit be issued allowing the program to commence.

     5.  Believes that the electrologist’s apprentice:

     (a) At the time to commence training will be 18 years or more;

     (b) Is of good moral character and temperate habits;

     (c) Is a resident of Nevada; and

     (d) Has completed the 12th grade in school or its equivalent.

     6.  Is fully able to prepare the electrologist’s apprentice for examination by:

     (a) Providing him at least 5 consecutive months of direct supervision in a licensed cosmetological establishment in which all the occupations of electrology are practiced;

     (b) Supervising him during a course of training extending for 1,000 hours or more; and

     (c) Providing training in the subjects which the Board requires to be taught.

     7.  Understands that monthly reports of the attendance and training of the electrologist’s apprentice, signed by the petitioner as supervisor and countersigned by the electrologist’s apprentice, must be filed with the Board.

     8.  Agrees to:

     (a) Submit to the Board, upon the completion of training, a final report which summarizes the monthly reports, and is accompanied by the application of the electrologist’s apprentice for examination; and

     (b) Give the electrologist’s apprentice tests in theory and practice, enter the results of the tests on the monthly reports to the Board, and submit the reports by the first day of each month.

     9.  Understands that the electrologist’s apprentice may not be allowed to practice electrology:

     (a) Outside the licensed establishment where the training is being conducted.

     (b) Unless he is under the direct supervision of the person in charge of training.

     10.  Understands that the electrologist’s apprentice must:

     (a) Wear a clean, washable garment at all times and a badge denoting him as an electrologist’s apprentice; and

     (b) Post the permit of the electrologist’s apprentice, which indicates that he is currently in training, in full view of all the patrons in the establishment.

     11.  Agrees:

     (a) That he is responsible for the activities of the electrologist’s apprentice under his supervision and instruction, and the Board is not liable for those activities; and

     (b) To provide sufficient malpractice insurance to protect all persons involved against acts of the electrologist’s apprentice.

     12.  Understands that any failure on his part to abide by this chapter is a ground for the revocation or suspension of his license.

     [Bd. of Cosmetology, No. 23.3, eff. 12-3-80]—(NAC A by R030-08, 9-18-2008)

      NAC 644.265  Limitation on number of apprentices supervised. (NRS 644.110, 644.203)  No more than one permit will be granted to a person for instructing and supervising an electrologist’s apprentice.

     [Bd. of Cosmetology, No. 23.6, eff. 12-3-80]

      NAC 644.270  Approval of apprenticeship by owner of cosmetological establishment or cosmetologist in charge. (NRS 644.110, 644.203)  Before commencing to train an electrologist’s apprentice, the petitioner must supply evidence to the Board that the owner of the cosmetological establishment or cosmetologist in charge of it has approved the training of the apprentice within his establishment.

     [Bd. of Cosmetology, No. 23.7, eff. 12-3-80]

      NAC 644.275  Inspection of premises on which training to be conducted; criteria. (NRS 644.110, 644.203)  Before the commencement of a training program for an electrologist’s apprentice, the inspector for the Board shall inspect the premises on which the training program is to be conducted. To receive approval for such a program, the cosmetological establishment must have the following equipment:

     1.  One high-frequency generator or thermalysis machine, or one galvanic generator or electrolysis machine;

     2.  Twelve needles ranging in size from .003 to .008 of an inch;

     3.  One complete set of electrodes and connections with each machine;

     4.  One stool, adjustable in height, for each apprentice;

     5.  One table and chair per patron;

     6.  One utility stand per setup;

     7.  One towel cabinet;

     8.  One pair of fine-pointed epilation forceps;

     9.  One set of magnifying glasses;

     10.  Covered containers for lotions, creams, ointments, soaps, sanitizing agents and cotton;

     11.  Containers in which to immerse needles for sterilization;

     12.  A covered container in which items such as instruments and needles may be kept sanitized; and

     13.  A covered receptacle for waste.

     [Bd. of Cosmetology, No. 23.8, eff. 12-3-80]

      NAC 644.280  Display of permit. (NRS 644.110, 644.203)  No person may commence training or serve as an electrologist’s apprentice until his permit has been placed in full view of the patrons.

     [Bd. of Cosmetology, No. 23.5, eff. 12-3-80]

      NAC 644.285  Badge. (NRS 644.110, 644.203)  Each electrologist’s apprentice shall wear, at all times while training, a badge which contains:

     1.  His name and permit number;

     2.  His supervisor’s name; and

     3.  His photograph.

     [Bd. of Cosmetology, No. 23.4, eff. 12-3-80]

      NAC 644.290  Requirements for practical training and technical instruction. (NRS 644.110, 644.203)

     1.  Each supervisor of an electrologist’s apprentice must offer the practical training and technical instruction in the subjects and for the hours shown below:

     (a) Electrology and thermology, 650 hours in the following subjects:

          (1) Sanitation and sterilization;

          (2) Protection of patrons, including draping;

          (3) Use of equipment and instruments;

          (4) Insertion of instruments, single and multiple;

          (5) Precautionary measures before and after treatment;

          (6) Immediate aftercare;

          (7) Home care;

          (8) Destruction of the papilla;

          (9) Observation of demonstrations; and

          (10) Observation of results of work. At least 60 percent of the hours in this subject must be spent in performing services on another person.

     (b) Theoretical and practical training, 20 hours in the following subjects:

          (1) Ethics;

          (2) Conduct;

          (3) Courtesy;

          (4) Telephone etiquette;

          (5) Neatness;

          (6) Salesmanship; and

          (7) Professional attitude in meeting the public.

     (c) Instruction in theory, 250 hours in the following subjects:

          (1) Sanitation and sterilization;

          (2) Electricity;

          (3) Electrology;

          (4) Thermology;

          (5) Dermatology;

          (6) Trichology;

          (7) Bacteriology;

          (8) The peripheral vascular system (capillaries);

          (9) The sensory nervous system (nerve endings); and

          (10) The provisions of chapter 644 of NRS which are pertinent to the practice of electrology.

     (d) Modeling for electrology and thermology, 80 hours.

     2.  The supervisor of an electrologist’s apprentice shall directly supervise the apprentice whenever the apprentice is engaged in the practical training and technical instruction set forth in this section.

     [Bd. of Cosmetology, No. 23.9, eff. 12-3-80]—(NAC A by R030-08, 9-18-2008)

      NAC 644.295  Minimum training required before apprentice may work on patrons. (NRS 644.110, 644.203, 644.408)  Before he commences work on patrons, an electrologist’s apprentice must have received at least 250 hours of training covering all phases of electrology.

     [Bd. of Cosmetology, No. 23.10, eff. 12-3-80]—(NAC A by R092-06, 9-18-2006)

      NAC 644.300  Maximum number of hours and days of training allowed per week. (NRS 644.110, 644.203)  Supervisors may permit only 40 hours of training per week, or 5 days out of every 7.

     [Bd. of Cosmetology, No. 23.11, eff. 12-3-80]

      NAC 644.305  Misrepresentation of apprentice to public; advertising. (NRS 644.110, 644.203)

     1.  A misrepresentation to the public of the activities of an electrologist’s apprentice is cause for revocation of the permit of the electrologist’s apprentice and where circumstances warrant, for revocation of the supervisor’s license.

     2.  A supervisor’s failure to display the permit of the electrologist’s apprentice properly or to have the electrologist’s apprentice wear his badge properly shall be deemed a misrepresentation to the public.

     3.  Cosmetological establishments and supervisors of the electrologist’s apprentice are accountable for all advertising of the services of the electrologist’s apprentice. The advertising must not mislead the public about the nature and extent of the services of the electrologist’s apprentice provided by the salon. A finding of false or misleading advertising regarding services of an electrologist’s apprentice is a sufficient cause to warrant revocation or suspension of the permit of the electrologist’s apprentice, the license of the supervisor or the license of the cosmetological establishment.

     [Bd. of Cosmetology, No. 23.12, eff. 12-3-80]

COSMETOLOGICAL ESTABLISHMENTS

      NAC 644.307  Lease of space to certain persons. (NRS 644.110, 644.360)

     1.  Except as otherwise provided in NRS 644.360, if the operator of a cosmetological establishment leases space at his establishment to a person to engage in an activity that is not under the jurisdiction of the Board, including, without limitation, tattooing, body piercing and massage therapy, the leased space must:

     (a) Have a different entrance from that of the cosmetological establishment and be separated from the establishment by a door that can be locked and surrounding walls that are at least 6 feet high;

     (b) Be located on a floor different from the floor on which the cosmetological establishment is located; or

     (c) Be otherwise located to avoid creating the impression that the space is a part of the cosmetological establishment.

     2.  As used in this section, “space” has the meaning ascribed to it in NRS 644.360.

     (Added to NAC by Bd. of Cosmetology, eff. 6-18-91; A by R099-97, 2-25-98; R092-06, 9-18-2006; R030-08, 9-18-2008)

      NAC 644.308  Requirements for certain lessees. (NRS 644.110, 644.360)

     1.  A licensed cosmetologist, aesthetician, electrologist, hair designer, demonstrator of cosmetics or nail technologist who leases space from an operator of a cosmetological establishment shall comply with the applicable provisions of NAC 644.310 to 644.385, inclusive.

     2.  Each operator of a cosmetological establishment who leases space to a barber, any other professional, including, without limitation, a provider of health care, or any other person shall make the person aware of the requirements set forth in NAC 644.310 to 644.385, inclusive.

     (Added to NAC by Bd. of Cosmetology, eff. 6-18-91; A by R029-02, 7-19-2002; R092-06, 9-18-2006; R030-08, 9-18-2008)

CONDITIONS AND PROCEDURES FOR PRACTICE

      NAC 644.310  Drinking cups and facilities. (NRS 644.110, 644.120)  Each cosmetological establishment or school of cosmetology shall provide disposable cups, where applicable, for the use of patrons and employees. Drinking fountains, coolers and refreshment centers must be located in a clean and sanitary place and must not be located in the restrooms.

     [Bd. of Cosmetology, No. 14.4, eff. 12-3-80]—(NAC A 10-16-87; 5-15-92)

      NAC 644.313  Disposal of waste. (NRS 644.110, 644.120)  In each cosmetological establishment and school of cosmetology:

     1.  All chemical waste material must be deposited in a closed container and disposed of in a fire-retardant container at the close of business each day.

     2.  All other waste must be deposited immediately in waste disposal containers which, unless they are located near a reception desk or in an office or restroom, must be covered at all times.

     3.  Waste disposal containers must be kept clean.

     4.  Any disposable material which comes into contact with blood or other bodily fluids, such as discharge from pustules, pimples and sebaceous glands, must be disposed of in a sealable plastic bag or in a manner that not only protects the licensee and the client but also others who may come into contact with the material in the future, such as sanitation workers.

     5.  To prevent the possible spread of any blood-borne disease or virus, any disposable sharp objects that come in contact with blood or other bodily fluids must be disposed of in a sealable rigid container that is strong enough to protect the licensee, clients and others who may come into contact with the materials in the future from accidental cuts or puncture wounds.

     (Added to NAC by Bd. of Cosmetology, eff. 5-15-92; A by R030-08, 9-18-2008)

      NAC 644.315  Exhaust systems. (NRS 644.110, 644.120)  Each cosmetological establishment and school of cosmetology and each room or residence used as a cosmetological establishment must have a system for exhaust acceptable to the Board.

     [Bd. of Cosmetology, No. 14.6, eff. 12-3-80]—(NAC A 10-16-87; 5-15-92)

      NAC 644.320  Restrooms. (NRS 644.110, 644.120)

     1.  Each cosmetological establishment or school of cosmetology must have fully operable toilets which are accessible to clients and employees. Each area in which a toilet is located must have a sink with an adequate and readily available supply of hot and cold running water at all times and a mechanical exhaust system for ventilation which completely circulates the air. If the restrooms for the cosmetological establishment are located outside of the cosmetological establishment, the restrooms must be:

     (a) In plain view or clearly marked with appropriate signs, and

     (b) Located within 100 feet of the entrance of the cosmetological establishment and under the same roof as the cosmetological establishment.

     2.  The floor covering in each restroom located in a cosmetological establishment or school of cosmetology must be made of a washable material which is not porous or absorbent, if the operator of the establishment or school is issued a license:

     (a) After July 1, 1992; or

     (b) On or before July 1, 1992, and the establishment or school is sold or a majority interest is transferred after July 1, 1992.

     [Bd. of Cosmetology, No. 14.16, eff. 12-3-80]—(NAC A 10-16-87; 5-15-92; R099-97, 2-25-98; R029-02, 7-19-2002)

      NAC 644.325  Walls, floors, ceilings, furnishings, equipment and fixtures. (NRS 644.110, 644.120)  In each cosmetological establishment or school of cosmetology:

     1.  All floors in restrooms and areas where hair is cut, shampooed or styled must be of a washable material which is not porous or absorbent. Carpeting is allowed in all other areas of the cosmetological establishment or school of cosmetology, including, without limitation, reception areas and areas for manicuring and aesthetics.

     2.  All walls within a cosmetological establishment or school of cosmetology must be of a washable material which is not porous or absorbent.

     3.  All walls, floors, woodwork, ceilings, furnishings, equipment and fixtures must be kept clean and in good repair.

     4.  Clippings of hair must not be allowed to accumulate and must be disposed of in a covered waste receptacle immediately after the hair is cut.

     5.  Refuse and waste must not be allowed to accumulate.

     6.  A footbath or portable spa that has been used for nail services, including any suction screens where hair, skin and nails may accumulate, must be disinfected before the footbath or portable spa may be offered to another client. The disinfection must be performed in accordance with procedures established by the Board, including, without limitation, the use of a product that is registered with the United States Environmental Protection Agency and approved by the Board.

 

 

     7.  Portable spas, if any, must have separate hoses or tubes, or both, for draining and refilling the spa. All such hoses and tubes must be appropriately marked.

     [Bd. of Cosmetology, No. 14.17, eff. 12-3-80]—(NAC A 3-26-82; 10-16-87; 5-15-92; R029-02, 7-19-2002; R030-08, 9-18-2008)

      NAC 644.330  Plumbing; dispensary sink; floor coverings. (NRS 644.110, 644.120)

     1.  Each cosmetological establishment or school of cosmetology must have suitable permanent plumbing which provides an adequate and readily available supply of hot and cold running water at all times and is permanently connected for drainage of sewage and potable water within the areas where work is performed and supplies dispensed.

     2.  Each cosmetological establishment or school of cosmetology must contain a dispensary sink if the operator of the establishment or school is issued a license:

     (a) After June 1, 1982; or

     (b) On or before June 1, 1982, and the establishment or school is sold or a majority interest is transferred after June 1, 1982.

     3.  The floor coverings within a distance from all exposed sides of a sink, pedicure spa or dispensary sink that is the same distance as the width of the sink, pedicure spa or dispensary sink must be made of a washable material which is not porous or absorbent if the operator of the establishment or school is issued a license:

     (a) After July 1, 1992; or

     (b) On or before July 1, 1992, and the establishment or school is sold or a majority interest is transferred after July 1, 1992.

     [Bd. of Cosmetology, No. 14.18, eff. 12-3-80]—(NAC A 5-13-82; 10-16-87; 5-15-92; R099-97, 2-25-98; R029-02, 7-19-2002)

      NAC 644.335  Headrests; shampoo bowls; towels and linens; neck strips; treatment tables; disposal of certain instruments and supplies; brushes. (NRS 644.110, 644.120)  In each cosmetological establishment or school of cosmetology:

     1.  The headrest of each chair must be covered with a clean towel or paper sheet for each client.

     2.  The part of a shampoo bowl on which a client’s neck rests must be covered with a clean towel during each shampoo. The bowls must be carefully washed and be disinfected with a disinfectant that is registered with the Environmental Protection Agency, and all loose hair must be removed from the drains after each use.

     3.  After a towel or linen has been used once, it must be deposited in a receptacle provided for soiled towels and linens, must not be stored in any restroom, and must not be used again until properly laundered and sanitized. All towels, after being laundered and sanitized, must be kept in closed, dust-free cabinets that have fumigants.

     4.  Sanitary neck strips or towels must be wrapped around the neck of the client to prevent all coverings from coming into direct contact with the client. Proper draping of towels must be used for all services, except that sanex strips may be used for dry services.

     5.  Treatment tables must be sanitized after each use with a sanitizing solution acceptable to the Board.

     6.  All instruments and supplies, including, without limitation, neck strips, nail files and buffers, that come into direct contact with a client and cannot subsequently be disinfected must be disposed of in a waste receptacle immediately following their use.

     7.  Neck dusters and all other brushes used on a client must be maintained in a clean and sanitary condition.

     [Bd. of Cosmetology, Nos. 14.8, 14.11 & 14.15, eff. 12-3-80]—(NAC A 10-16-87; 5-15-92; R099-97, 2-25-98; R029-02, 7-19-2002)

 

      NAC 644.340  Sanitizing and infection control solutions; instruments, implements and other tools; sterilization equipment; disposable articles; single-use items. (NRS 644.110, 644.120)

     1.  In each cosmetological establishment or school of cosmetology:

     (a) Sanitizing and infection control solutions must be available for immediate use at all times and must be registered with the Environmental Protection Agency as a bactericide, fungicide or virucide.

     (b) All instruments, implements and other tools must be cleaned and disinfected in the following manner before use:

          (1) All hair and other adherent foreign material must be removed from the instrument, implement or other tool; and

          (2) The instrument, implement or other tool must be:

               (I) Thoroughly washed with soap and hot water;

               (II) Rinsed in clear hot water; and

               (III) Placed in a covered wet sanitizer which is large enough for complete immersion of the instrument, implement or other tool, and which contains an infection control solution that is registered with the Environmental Protection Agency and approved by the Board.

Ê During each service, all instruments, implements and other tools must be kept free of contamination by immersion in an infection control solution approved by the Board.

     (c) All disinfected instruments, implements and other tools that are not in use and not in the process of wet disinfection in a wet sanitizer must be stored in a clean, dry sanitizer. A dry sanitizer consists of a clean, closed container, drawer or storage unit with a fumigant that contains only disinfected instruments, implements and other tools.

     (d) Any instrument, implement or other tool dropped on the floor or otherwise made unsanitary must be deposited in a separate labeled container for soiled articles only and must not be used until it has been thoroughly disinfected as specified in paragraph (b). A container for the disinfectant used that includes the manufacturer’s label must be available at all times in the cosmetological establishment or school of cosmetology.

     (e) All electrolysis instruments must be cleaned in the following manner after each use:

          (1) All foreign matter must be removed from the instrument; and

          (2) The instrument must be:

               (I) Washed in soap and hot water; and

               (II) Rinsed in hot water.

     (f) After cleaning, all electrolysis instruments must be sterilized by one of the following methods:

          (1) Use of a steam sterilizer; or

          (2) Use of a dry sterilizer,

Ê which is registered and listed with the United States Food and Drug Administration, and is used according to the manufacturer’s instructions.

     (g) Sterilization equipment must be checked daily to ensure that it is reaching the temperature required by the manufacturer’s instructions.

     (h) All sterilized instruments and sanitary disposable articles must be stored in clean, closed containers, drawers or storage units which must be free of other articles.

     (i) Single-use items must not be used on more than one client and must be disposed of after use on a client.

     (j) All single-use items and other items that cannot be disinfected must be stored in closed containers at all times while not in use.

     2.  As used in this section, “single-use items” includes, without limitation, buffers, cotton balls, cotton strips and swabs, disposable gloves, emery boards, nail files, neck and muslin strips, paraffin liners, pedicure slippers, sleeves and sanders for electric files, and toe separators.

     [Bd. of Cosmetology, Nos. 14.5, 14.13 & 14.14, eff. 12-3-80]—(NAC A 10-16-87; 5-15-92; R099-97, 2-25-98; R029-02, 7-19-2002; R035-08, 8-26-2008)

      NAC 644.342  Clippers, vibrators and other electrical instruments. (NRS 644.110, 644.120)  Clippers, vibrators and other electrical instruments must be disinfected in the following manner before use:

     1.  All foreign matter must be removed; and

     2.  The instrument must be disinfected with a disinfectant that is registered with the Environmental Protection Agency as a bactericide, fungicide or virucide and used according to the manufacturer’s instructions.

     (Added to NAC by Bd. of Cosmetology by R029-02, eff. 7-19-2002)

      NAC 644.345  Cosmetics and other preparations. (NRS 644.110, 644.120)  In each cosmetological establishment or school of cosmetology:

     1.  Creams, lotions, cosmetics and other preparations used on clients must be kept in closed containers at all times when not in use.

     2.  Powder for the face must be kept in a closed container. The use of powder puffs is prohibited.

     3.  Lotions or liquids used on a client must be poured into a sanitized container and applied to the client using cotton or other type of applicator.

     4.  Creams or other semisolid substances must be dipped from the container with a sanitized article or spatula. Removing such substances with the fingers is prohibited.

     5.  Creams, lotions and other preparations must be removed by means of cotton, gauze, facial tissue or other sanitized material.

     6.  Supplies used for service to clients must not be stored in any restroom.

     7.  Cosmetics used in the form of a pencil must be sharpened before each use.

     8.  All bottles and containers must be distinctly and correctly marked with a label which discloses its contents. All articles containing poisonous substances must be distinctly marked as such.

     [Bd. of Cosmetology, Nos. 14.2 & 14.10, eff. 12-3-80]—(NAC A 10-16-87; 5-15-92; R029-02, 7-19-2002)

      NAC 644.350  Cleansing of hands. (NRS 644.110, 644.120)  Every licensee and student in a cosmetological establishment or school of cosmetology must thoroughly wash his hands in an antibacterial liquid before and after serving each client and after each use of the restroom.

     [Bd. of Cosmetology, No. 14.1, eff. 12-3-80]—(NAC A 10-16-87; 5-15-92; R099-97, 2-25-98; R029-02, 7-19-2002)

      NAC 644.355  Outer garments and footwear. (NRS 644.110, 644.120, 644.471)

     1.  In each cosmetological establishment or school of cosmetology, all licensees must wear clean outer garments and adequate footwear at all times when serving a client. Instruments or supplies must not be carried in or on a garment.

     2.  For the purposes of this section, “outer garments” means one garment or a combination of garments which provides adequate protection at least of the torso of the wearer’s body from debris, infectious or communicable diseases, infestations of animal parasites and chemical hazards which may injure the body through absorption, inhalation or physical contact. The term includes, without limitation:

     (a) Blouses;

     (b) Shirts;

     (c) Sweaters;

     (d) Smocks;

     (e) Dresses;

     (f) Pants;

     (g) Jeans;

     (h) Bermuda, walking or jean shorts; and

     (i) Tee shirts.

     [Bd. of Cosmetology, No. 14.3, eff. 12-3-80]—(NAC A 10-16-87; 5-15-92; 11-1-95)

      NAC 644.360  Infectious or communicable diseases; infestations of animal parasites. (NRS 644.110, 644.120)

     1.  A person afflicted with an infectious or communicable disease which may be transmitted during the practice of cosmetology or with an infestation of animal parasites shall not work or train in a cosmetological establishment or school of cosmetology.

     2.  A cosmetological establishment or school of cosmetology shall not knowingly require, permit or allow a student or person licensed by the Board, to perform any service on a client who is afflicted with any infectious or communicable disease which may be transmitted to a person who is practicing cosmetology.

     3.  A cosmetological establishment or school of cosmetology shall not require or allow a student or licensee of the Board to perform any service on a client who is afflicted with an infestation of animal parasites.

     [Bd. of Cosmetology, No. 14.12 subsec. 2, eff. 12-3-80]—(NAC A 10-16-87; 5-15-92)

      NAC 644.365  Clients with inflamed or infected skin or secretions. (NRS 644.110, 644.120)  In each cosmetological establishment or school of cosmetology:

     1.  A licensee shall not massage any client upon a surface of the skin or scalp where such skin is inflamed or where a skin infection or eruption is present.

     2.  Licensees shall wear protective gloves while performing any service on a client whose skin shows signs of secretion of any bodily fluids.

     [Bd. of Cosmetology, No. 14.12 subsec. 1, eff. 12-3-80]—(NAC A 10-16-87; 5-15-92)

      NAC 644.367  Restrictions on removal of skin. (NRS 644.110)

     1.  A cosmetologist or an aesthetician may remove the uppermost layers of the facial skin by any method or means if only the uppermost layers of the skin are removed and the removal is for the purpose of beautification.

     2.  In removing the uppermost layers of skin pursuant to this section, a cosmetologist or an aesthetician:

     (a) May only use products that are commercially available for the removal of facial skin for beautification; and

     (b) Shall not mix or combine any such products unless the mixing or combining is required pursuant to the manufacturer’s instructions for the products being mixed or combined.

     3.  A cosmetologist or an aesthetician shall not use any techniques or practices for the removal of skin that affect anything other than the uppermost layers of the facial skin.

     (Added to NAC by Bd. of Cosmetology by R029-02, eff. 7-19-2002)

      NAC 644.368  Prohibited invasive procedures. (NRS 644.110)

     1.  Except as otherwise provided in this section, a licensee shall not perform any invasive procedure that includes, without limitation:

     (a) The application of electricity for the sole purpose of contracting a muscle;

     (b) The application of a topical lotion, cream or other substance which affects anything other than the uppermost layers of the skin;

     (c) The penetration of the skin by metal needles;

     (d) The abrasion of the skin below the uppermost layers of the skin; or

     (e) The removal of a callus using an instrument, tool or other device that has a sharp edge, blade or point.

     2.  The provisions of paragraph (c) of subsection 1 do not apply to the use of electrolysis needles by a licensed electrologist.

     3.  As used in this section, “invasive procedure” means an act that affects the structure or function of the skin other than the uppermost layers of the skin.

     (Added to NAC by Bd. of Cosmetology by R029-02, eff. 7-19-2002; A by R030-08, 9-18-2008)

      NAC 644.370  Wigs and hairpieces. (NRS 644.110, 644.120)  Wigs and hairpieces must be cleaned with a sanitizing agent approved by the Board. A microwave oven used for wig styling may be used only for that purpose.

     [Bd. of Cosmetology, No. 14.19, eff. 12-3-80]—(NAC A 5-15-92; R092-06, 9-18-2006)

      NAC 644.372  Cosmetic products: Prohibited products and uses. (NRS 644.110)  A cosmetological establishment and a school of cosmetology shall not:

     1.  Have on its premises any cosmetic products that contain a hazardous substance which has been banned by the United States Food and Drug Administration for use in cosmetic products; or

     2.  Use a cosmetic product in a manner that has not been approved by the Food and Drug Administration.

     (Added to NAC by Bd. of Cosmetology by R029-02, eff. 7-19-2002)

      NAC 644.375  Place of practice: Private residences. (NRS 644.110, 644.120)

     1.  Cosmetology may be practiced in private residences only when the rooms used for the practice are completely separate from any rooms used for living quarters. The rooms used for the practice must be completely and permanently sealed off from the living quarters so that the only entrances to and exits from that portion of the residence used for the practice of cosmetology are from the street. A room used in a private residence for the practice of cosmetology must meet all requirements for cosmetological establishments in NAC 644.310 to 644.385, inclusive, and must:

     (a) Have a ceiling that is not less than 8 feet in height;

     (b) Be equipped to give proper service to clients;

     (c) Have toilets which are separate from any toilets used by residents; and

     (d) Have a sign outside of the building denoting the name of the cosmetological establishment.

     2.  A private residence in which cosmetology is practiced must be located in a geographical area in which the practice of cosmetology is allowed by local zoning ordinances. If the private residence is not located in such an area, the owner must receive a variance from the appropriate local governing body before applying to the Board for a license for the cosmetological establishment.

     [Bd. of Cosmetology, No. 14.9, eff. 12-3-80]—(NAC A 5-15-92; R099-97, 2-25-98)

      NAC 644.380  Place of practice: Licensed cosmetological establishment; exceptions. (NRS 644.110)

     1.  Except as otherwise provided in this section and NAC 644.385, a person licensed to practice cosmetology may practice only in a currently licensed cosmetological establishment.

     2.  In the event of an emergency or death, a person so licensed may practice elsewhere as the circumstances warrant if the licensee notifies and receives approval from the Board before he engages in that practice. The notification to the Board must include:

     (a) The name of the person to receive the service;

     (b) A description of the type of service to be provided;

     (c) The address or the location at which the service will be provided;

     (d) The date and time when the service will be provided; and

     (e) The name, type of license and number of the license of the licensee.

     3.  A person may engage in emergency practice only if he regularly operates or is employed in a cosmetological establishment. A person who engages in an emergency practice shall indicate in the appointment book of the establishment that the appointment is an out-call service.

     4.  A licensee may perform services outside of a licensed cosmetological establishment if the customer to receive the services has received a letter from his doctor which states that the customer is under the long-term care of the doctor and such services can be performed safely, in consideration of the medical condition of the customer. Services provided by a licensee to such a customer must be provided in compliance with this section.

     [Bd. of Cosmetology, No. 16, eff. 12-3-80]—(NAC A 5-15-92; R099-97, 2-25-98)

      NAC 644.385  Place of practice: Donated services. (NRS 644.110)  A cosmetologist, aesthetician, hair designer or nail technologist licensed in Nevada may perform services outside a cosmetological establishment if the services are being donated to a charitable organization and prior written approval has been given by the Board. Every possible effort must be made to ensure that proper sanitation is maintained.

     [Bd. of Cosmetology, No. 15, eff. 12-3-80]—(NAC A 5-15-92; R092-06, 9-18-2006)

PRACTICE BEFORE THE STATE BOARD OF COSMETOLOGY

General Provisions

      NAC 644.388  Scope. (NRS 644.110)  The provisions of NAC 644.388 to 644.580, inclusive, govern practice before the Board.

     [Bd. of Cosmetology, No. 1.1, eff. 12-3-80]—(NAC A by R112-01, 12-17-2001, 1-1-2002)

Parties

      NAC 644.390  Classification of parties. (NRS 644.110)

     1.  A person who applies for any privilege, license or authority from the Board must be styled the “applicant.”

     2.  A person who complains to the Board of any act or of another person must be styled the “complainant.” In any proceeding which the Board initiates, the Board must be styled the “complainant.”

     3.  Except for a complainant, a person who petitions for any affirmative relief (including a person who requests an advisory opinion or a declaratory order or requests the adoption, amendment or repeal of a regulation) must be styled the “petitioner.”

     4.  A person against whom any complaint is filed or investigation initiated must be styled the “respondent.”

     5.  Any person who was not an original party to a proceeding but who may be directly and substantially affected by it must, upon securing an order from the Board or presiding officer granting him leave to intervene, be styled an “intervener.”

     6.  Any person who enters a proceeding to protest against an application or petition must be styled a “protestant.”

     7.  A person who has not been admitted to a proceeding as an intervener or a protestant and is not an original party to the proceeding is not a party to the proceeding.

     [Bd. of Cosmetology, Nos. 3.1-3.7, eff. 12-3-80]

      NAC 644.395  Staff of Board may be party to proceeding. (NRS 644.110)  The Board’s staff may appear at any proceeding and participate as a party.

     [Bd. of Cosmetology, No. 3.8, eff. 12-3-80]

      NAC 644.400  Appearances. (NRS 644.110)  A party may enter his appearance at the beginning of a hearing or at any time designated by the presiding officer, by giving his name and address and stating his position or interest to the presiding officer. The information must be entered in the record of the hearing.

     [Bd. of Cosmetology, No. 4.1, eff. 12-3-80]

 

 

 

      NAC 644.405  Representation of parties; qualifications of attorneys. (NRS 644.110)

     1.  In lieu of counsel, a party may be represented by a person of his own choosing.

     2.  An attorney appearing as counsel in any proceeding must be an attorney at law, admitted to practice and in good standing before the highest court of any state. If the attorney is not admitted and entitled to practice before the Supreme Court of Nevada, he must be associated with an attorney so admitted and entitled to practice.

     [Bd. of Cosmetology, No. 4.2, eff. 12-3-80]

      NAC 644.410  Service of process on attorney. (NRS 644.110)  Following the entry of an appearance by an attorney for a party, all notices, pleadings and orders to be served thereafter upon the party must be served upon his attorney and such service is, for all purposes, valid service upon the party represented.

     [Bd. of Cosmetology, No. 4.3, eff. 12-3-80]

      NAC 644.415  Withdrawal of attorney. (NRS 644.110)  Any attorney of record wishing to withdraw from a proceeding before the Board shall, in writing, immediately notify the Board or its presiding officer, the party whom he represented, and any other parties to the proceeding.

     [Bd. of Cosmetology, No. 4.4, eff. 12-3-80]

Pleadings, Motions and Other Papers

      NAC 644.420  Construction. (NRS 644.110)  All pleadings will be liberally construed to administer justice between the parties, and the Board or its presiding officer will at every stage of any proceeding disregard errors or defects in the pleadings or proceedings which do not affect the substantial rights of the parties.

     [Bd. of Cosmetology, No. 5.2, eff. 12-3-80]

      NAC 644.425  Applications. (NRS 644.110)

     1.  Each pleading which requests a privilege, license or authority from the Board must be styled an “application.”

     2.  The application must:

     (a) Contain the applicant’s full name and address and such facts and exhibits as may be required by statute or this chapter.

     (b) Be signed by the applicant.

     [Bd. of Cosmetology, No. 5.3, eff. 12-3-80]

      NAC 644.430  Petitions. (NRS 644.110)

     1.  Each pleading which prays for affirmative relief, excluding an application, complaint, or answer but including a request for a declaratory order or an advisory opinion or for the adoption, amendment or repeal of any regulation, must be styled a “petition.”

     2.  A petition must contain the petitioner’s full name and mailing address and be signed by him.

     [Bd. of Cosmetology, No. 5.4, eff. 12-3-80]

      NAC 644.435  Verification. (NRS 644.110)  All pleadings except petitions must be verified. The following form may be used in making a verification:

 

 

 

 

 

 

 

 

State of Nevada          }

                                    }ss.

County of................... }

 

................................, being first duly sworn, deposes and says:

That he has filed this ................................ (complaint, answer or application); that he has read the foregoing and knows the contents thereof; that the same are true of his own knowledge, except for those matters therein stated upon information and belief, and as to those matters, he believes them to be true.

 

                                                                                    .......................................................................

                                                                                       (Signature of person filing the complaint,

                                                                                                      answer or application.)

 

Subscribed and sworn to before me this

............. day of the month of ........... of the year ......

...................................................................................

Notary Public in and for said County and State

 

     [Bd. of Cosmetology, No. 5.1, eff. 12-3-80]

      NAC 644.440  Motions. (NRS 644.110)

     1.  A motion must be in writing unless it is made during a hearing.

     2.  Each written motion must set forth the nature of the relief sought and the grounds for the motion.

     3.  A party desiring to oppose a motion may serve and file a written response to the motion.

     4.  The moving party may serve and file a written reply if a response to the motion has been served and filed.

     5.  A decision on a motion will be made without oral argument unless the Board requires an oral argument, and if the Board requires an oral argument, it will set a date and time for hearing the argument.

     [Bd. of Cosmetology, No. 6, eff. 12-3-80]

      NAC 644.445  Filing. (NRS 644.110)  An original and two legible copies of each pleading, motion, or other paper must be filed with the Board. The Board may direct that a copy of each pleading and motion be made available by the party filing it to any other person whom the Board determines may be affected by the proceeding and who desires a copy.

     [Bd. of Cosmetology, No. 7.1, eff. 12-3-80]

      NAC 644.450  Service of process. (NRS 644.110)

     1.  Every notice, advisory opinion, declaratory order or other document to be served by the Board will be served by mail or delivery in person. Service thereof by mail shall be deemed complete when a true copy of the document, properly addressed and stamped, is deposited in the United States mail.

     2.  Every document required to be served by a party must be served by mail or delivery in person. Service thereof by mail shall be deemed complete when a true copy of the document, properly addressed and stamped, is deposited in the United States mail.

     [Bd. of Cosmetology, No. 7.2, eff. 12-3-80]

      NAC 644.455  Proof of service. (NRS 644.110)  The Board will include with all documents which it serves, other than its decisions and orders, an acknowledgment of service or the following certificate:

 

     I hereby certify that I have this day served the foregoing document upon all parties of record in this proceeding (by delivering a copy thereof in person to ................) (by mailing a copy thereof, properly addressed, with postage prepaid, to ...........).

     Dated at ..................., this .........(day) of .................(month) of .........(year)

 

                                                                                    .......................................................................

                                                                                                                 Signature

 

     [Bd. of Cosmetology, No. 7.3, eff. 12-3-80]

Complaints

      NAC 644.460  General requirements. (NRS 644.110)

     1.  A complaint may be filed against any person licensed under this chapter and must allege one or more of the causes of action set forth in NRS 644.430. A complaint may be filed by the Executive Director, the Board or any of the Board’s members or investigators.

     2.  Each complaint must contain a statement of facts showing that a provision of this chapter or chapter 644 of NRS has been violated. The complaint must be sufficiently detailed to enable the respondent to prepare a defense. All applicable statutes and regulations or orders of the Board must be cited in the complaint, together with the date on which the act or omission is alleged to have occurred.

     3.  If more than one cause of action is alleged, each cause of action must be stated and numbered separately. Two or more complainants may join in one complaint if their respective causes of action are against the same person and deal substantially with the same violation of law, or of a regulation or order of the Board.

     4.  A complaint must be in writing and be signed and verified by the complainant.

     5.  A complaint must be filed with the Executive Director.

     [Bd. of Cosmetology, Nos. 5.5 & 5.6, eff. 12-3-80]—(NAC A by R092-06, 9-18-2006)

      NAC 644.465  Complaint filed by Executive Director or investigator or member of Board. (NRS 644.110)  The following provisions govern review of a complaint filed by the Executive Director or one of the Board’s members or investigators:

     1.  The Executive Director shall assign the report for investigation by a staff investigator, who shall prepare an investigative report.

     2.  If a member of the Board filed the complaint, the Executive Director shall, after receiving the investigative report, send the investigative report to a member other than the member who filed the complaint for a determination of whether there are sufficient facts to warrant an administrative action.

     3.  If the member determines that there are such facts, he shall notify the Executive Director to set the matter for mediation or hearing.

     4.  A staff investigator may file a complaint only if an investigative report has been prepared. The investigative report must be submitted with the complaint. The Executive Director shall submit the complaint to the President of the Board or other presiding officer for a determination of whether there are sufficient facts to warrant an administrative action.

     5.  If the President of the Board or other presiding officer determines that there are sufficient facts to warrant an administrative action, he shall notify the Executive Director to set the matter for mediation or hearing.

     [Bd. of Cosmetology, No. 5.8, eff. 12-3-80]—(NAC A by R092-06, 9-18-2006)

      NAC 644.470  Complaint filed by person other than Executive Director or investigator or member of Board. (NRS 644.110)  The following provisions govern review of a complaint filed by a person who is not the Executive Director or one of the Board’s members or investigators:

     1.  Upon the receipt of a complaint filed by a person other than the Executive Director or a member or investigator of the Board, the Executive Director shall review the document to determine whether the matter is proper for administrative review and whether the complaint has been properly verified.

     2.  Thereafter, the Executive Director shall assign the complaint to a staff investigator for a report on the allegations of the complaint. The investigator shall investigate the complaint and report his findings to the Executive Director as quickly as feasible but not later than 90 days after receipt of the complaint.

     3.  After receiving the investigator’s report, the Executive Director shall transmit the complaint and report to the President of the Board or to another member appointed to review complaints, to determine whether there are sufficient facts to warrant an administrative hearing.

     4.  If the President or other member determines that there are sufficient facts to warrant an administrative hearing, he shall notify the Executive Director to set the matter for mediation or hearing.

     5.  If the President or other member determines that there are not sufficient facts to warrant an administrative hearing, the facts alleged in the complaint must be submitted to the Board for the Board’s review at the next scheduled meeting to determine whether the Board wishes to conduct a hearing on the matter or whether the facts, if assumed to be true, do not constitute a ground for disciplinary action. If the assumed facts do not constitute a ground for disciplinary action, the complaint will be dismissed. If the Board determines that the assumed facts warrant administrative action, the Executive Director shall set the matter for mediation or hearing.

     [Bd. of Cosmetology, No. 5.7, eff. 12-3-80]—(NAC A by R099-97, 2-25-98; R029-02, 7-19-2002; R092-06, 9-18-2006)

      NAC 644.475  Disqualification of member of Board from adjudication of matter. (NRS 644.110)  Any member of the Board who files a complaint, causes an investigation of or acts as a prosecutor in a matter, or brings a matter to the attention of an inspector, is disqualified from taking part in the adjudication of the matter. Such a member is not disqualified from acting as a witness at the hearing of the matter.

     [Bd. of Cosmetology, No. 5.9, eff. 12-3-80]

      NAC 644.480  Service of complaint; answer. (NRS 644.110)  A person on whom a complaint is served may respond to the complaint by filing an answer within 20 days after the date on which the complaint is served. A complaint shall be deemed to have been served when a true copy of the complaint, addressed to the person’s address of record and with postage prepaid, is deposited with the United States Postal Service. If the person fails to answer within the time prescribed, he shall be deemed to have admitted the allegations of the complaint.

     [Bd. of Cosmetology, No. 5.10, eff. 12-3-80]—(NAC A by R092-06, 9-18-2006)

Mediation

      NAC 644.482  Mediator. (NRS 644.110)  If the complainant and respondent submit their dispute for mediation, the Executive Director or other staff person, or the President of the Board or other member appointed to review complaints, or both of them together, may act as a mediator.

     (Added to NAC by Bd. of Cosmetology, eff. 6-18-91; A by R092-06, 9-18-2006)

Hearings

      NAC 644.484  Duties of Executive Director. (NRS 644.110)

     1.  If a matter is set for mediation and the mediation is not successful, the Executive Director shall set the matter for hearing.

     2.  If a matter is set for hearing, the Executive Director shall determine whether the hearing should be formal or informal and:

     (a) Prepare a complaint and notice of hearing and serve it on each person against whom the complaint is made; or

     (b) Refer the case to the Attorney General for preparation of a complaint and notice of hearing and for service on each person against whom the complaint is made.

     3.  In cases in which the Executive Director has prepared a complaint and notice of hearing and has served it on each person against whom the complaint is made, the Executive Director shall organize and facilitate the presentation of witnesses and other evidence to the Board and be an active participant in the hearings.

     (Added to NAC by Bd. of Cosmetology by R092-06, eff. 9-18-2006)

      NAC 644.485  Petition to appear before the Board. (NRS 644.110)  A person may petition to appear and be heard on any matter before the Board, as follows:

     1.  The petitioner may use Form No. 3 or a similar form, which may be obtained from the Board. The petition must contain a brief summary of the subject matter and contain the reasons for bringing the matter before the Board.

     2.  The petition must be received by the Board at least 30 business days before the meeting at which the petitioner wishes to be heard, but the Executive Director may waive this time requirement.

     3.  Upon receipt of the petition, the Executive Director or any member of the Board may make an initial evaluation to determine whether the subject of the petition is a proper item for mediation or for the agenda of a formal or informal hearing and, if so, whether a special meeting of the Board must be called for the hearing.

     4.  If the Executive Director or member evaluates the petition as presenting a ground for a disciplinary action involving a fine, the revocation or suspension of a license, or the probation of a licensee, the petitioner must file a formal complaint, and the Executive Director shall notify the petitioner of the requirements for making the complaint.

     5.  If the evaluation results in a determination that there is no possibility for a fine, the revocation or suspension of a license, or the probation of a licensee, and if the item is a subject within the jurisdiction of the Board, the matter stated in the petition will be placed on the agenda as an item of new business for discussion and action.

     [Bd. of Cosmetology, No. 13, eff. 12-3-80]—(NAC A by R029-02, 7-19-2002; R092-06, 9-18-2006)

      NAC 644.490  Notice. (NRS 644.110)  Notice of a hearing must be served at least 20 business days before the time set for the hearing. A hearing which has previously been continued may be reset on notice of not less than 20 business days. A notice shall be deemed to have been served when a true copy of the notice, addressed to the person’s address of record and with postage prepaid, is deposited with the United States Postal Service.

     [Bd. of Cosmetology, No. 8.1, eff. 12-3-80]—(NAC A by R029-02, 7-19-2002; R092-06, 9-18-2006)

      NAC 644.495  Failure of party to appear. (NRS 644.110)

     1.  If a party fails to appear at a hearing scheduled by the Board and no continuance has been requested or granted, the Board may hear testimony of witnesses who have appeared and proceed to consider the matter and dispose of it on the basis of the evidence before it.

     2.  Where, because of accident, sickness or other reasonable cause, a person fails to appear for a hearing or request a continuance thereof, he may within a reasonable time, but not more than 15 days, apply to the Executive Director to reopen the proceedings. The Executive Director shall include the request on the agenda for the next scheduled meeting of the Board. Upon finding the cause sufficient and reasonable, the Board will set a new time and place for hearing and give the person notice thereof. Witnesses who have previously testified will not be required to appear at the second hearing unless so directed by the Board.

     [Bd. of Cosmetology, No. 8.2, eff. 12-3-80]—(NAC A by R092-06, 9-18-2006)

      NAC 644.500  Preliminary procedure. (NRS 644.110)  The presiding member of the Board shall call the proceeding to order, proceed to take the appearances, and act upon any pending motions or petitions. The parties may then make opening statements.

     [Bd. of Cosmetology, No. 8.3, eff. 12-3-80]

      NAC 644.505  Conduct at hearings. (NRS 644.110)  All parties to hearings, their counsel and spectators shall conduct themselves in a respectful manner.

     [Bd. of Cosmetology, No. 8.4, eff. 12-3-80]

      NAC 644.510  Presentation of evidence. (NRS 644.110)

     1.  Each applicant, petitioner or complainant may present his evidence, and then such parties as may be opposing the application, petition or complaint may submit their proof.

     2.  The presiding member of the Board shall determine the order in which any intervener may introduce his evidence.

     3.  Evidence will ordinarily be received from the parties in the following order:

     (a) Upon an application or petition:

          (1) Applicant or petitioner.

          (2) Board’s staff.

          (3) Protestant.

          (4) Rebuttal by applicant or petitioner.

     (b) Upon a complaint other than by a member of the Board or its staff:

          (1) Complainant.

          (2) Board’s staff.

          (3) Respondent.

          (4) Rebuttal by complainant.

          (5) Rebuttal by respondent.

     (c) Upon a complaint by a member of the Board or its staff:

          (1) Board’s member or staff.

          (2) Respondent.

          (3) Rebuttal by Board’s staff.

          (4) Rebuttal by respondent.

     4.  The order may be modified by the Board or its presiding member.

     5.  Closing statements by the parties may be allowed by the Board or its presiding member.

     [Bd. of Cosmetology, No. 8.5, eff. 12-3-80]

      NAC 644.515  Consolidation. (NRS 644.110)  The presiding member of the Board may consolidate two or more proceedings for one hearing whenever it appears that the issues are substantially the same and the interests of the parties will not be prejudiced by a consolidation.

     [Bd. of Cosmetology, No. 8.6, eff. 12-3-80]

      NAC 644.520  Stipulations. (NRS 644.110)  With the approval of the presiding member, the parties may stipulate as to any fact at issue, either by a written stipulation introduced in evidence as an exhibit or by an oral statement shown upon the record. Any such stipulation is binding upon all parties to the stipulation, and it may be treated as evidence at the hearing. The presiding member may require evidential proof of the facts stipulated to, notwithstanding the stipulation.

     [Bd. of Cosmetology, No. 8.7, eff. 12-3-80]

      NAC 644.525  Official notice of Board. (NRS 644.110)  In addition to the facts mentioned in subsection 5 of NRS 233B.123, the Board may take official notice of regulations, official reports, decisions, orders, standards or records of the Board, of any other regulatory agency of the State of Nevada or of any court of record.

     [Bd. of Cosmetology, No. 8.9, eff. 12-3-80]

      NAC 644.530  Briefs. (NRS 644.110)  The Board may request briefs to be filed within a specified time. Briefs must be accompanied by proof of service.

     [Bd. of Cosmetology, No. 8.8, eff. 12-3-80]

      NAC 644.535  Informal hearings; agreement of licensee to formal hearing if mediation is not successful. (NRS 644.110)

     1.  The Board may hold an informal hearing to:

     (a) Mediate a problem;

     (b) Discuss a factual or legal question concerning the propriety of certain conduct;

     (c) Warn a licensee that certain conduct would be in violation of the law or regulations of the Board; or

     (d) Determine the appropriateness of holding a formal hearing on any matter.

     2.  The Board will not engage in mediation in any matter unless the licensee agrees in advance that, if the mediation is not successful, the Board may hold a formal hearing on the matter and may decide the case. By agreeing to mediation, the licensee waives any right to object to the future participation of any Board member in the matter based on the Board member’s prior knowledge of the matter gained through the mediation or the Board member’s statements or actions in the mediation.

     [Bd. of Cosmetology, No. 8.11, eff. 12-3-80]—(NAC A by R092-06, 9-18-2006)

      NAC 644.540  Decision by Board. (NRS 644.110)

     1.  A proceeding stands submitted for decision by the Board after the taking of evidence, the filing of briefs, or the representation of such oral arguments as may have been permitted by the Board, whichever occurs last.

     2.  An order or decision will be rendered within 90 days after the completion of the hearing.

     [Bd. of Cosmetology, No. 9, eff. 12-3-80]

      NAC 644.545  Rehearings. (NRS 644.110)

     1.  Within 15 days after the Board has made a decision or issued an order, the aggrieved party may apply for a rehearing by filing a written petition setting forth the grounds for the rehearing.

     2.  The Board will act upon such a petition within 30 days after receiving it. If no action is taken by the Board within the 30-day period, the petition shall be deemed denied.

     3.  The Board on its own motion may order a rehearing of its decision if mistake, fraud or misconception of facts existed in the forming of its original decision.

     4.  The filing of a petition for a rehearing does not excuse compliance with the order or decision nor suspend its effectiveness unless the Board, by order, allows the excuse or declares the suspension.

     [Bd. of Cosmetology, No. 10, eff. 12-3-80]

      NAC 644.547  Appeals. (NRS 644.110)  If a decision rendered by a hearing officer is appealed, it must be appealed in writing to the Board within 90 days after the hearing officer enters the order.

     (Added to NAC by Bd. of Cosmetology, eff. 10-16-87)

      NAC 644.550  Records of hearings. (NRS 644.110)  Any person desiring a copy of the record of a hearing may obtain it from the office of the Board upon payment of an appropriate charge.

     [Bd. of Cosmetology, No. 8.10, eff. 12-3-80]

 

 

Declaratory Orders and Advisory Opinions

      NAC 644.555  Petitions. (NRS 233B.120, 644.110)

     1.  The Board will consider petitions for declaratory orders or advisory opinions as to the applicability of any statutory provision or any regulation or decision of the Board.

     2.  A petition for a declaratory order or an advisory opinion must be in writing and be prepared substantially in accordance with Form No. 1.*

     *See adopting agency for form.

     [Bd. of Cosmetology, Nos. 11.1 & 11.2, eff. 12-3-80]

      NAC 644.560  Procedure for consideration of petition. (NRS 233B.120, 644.110)

     1.  Except as otherwise provided in subsection 2, upon receiving a petition for a declaratory order or an advisory opinion, the Board will place the matter on the agenda for discussion at the next regularly scheduled meeting of the Board.

     2.  If the petition is received within 30 days before the next regularly scheduled meeting, the petition may be placed on the agenda for discussion at the next meeting after that meeting.

     3.  The Board will then review the matter and either grant or deny the petition.

     4.  If the Board denies the petition, no further action will be taken.

     5.  If the Board grants the petition, the Board will issue its declaratory order or advisory opinion within 60 days after granting the petition unless good cause exists for taking additional time, and in that case, the order or opinion will be issued within 120 days. The Board may schedule a hearing on any issue raised in the petition before issuing its decision.

     [Bd. of Cosmetology, No. 11.3, eff. 12-3-80; A 10-15-81]—(NAC A by R099-97, 2-25-98)

      NAC 644.565  Draft of order or opinion by member of Board. (NRS 233B.120, 644.110)  After the Board determines that the issue should be addressed, the President or other presiding officer shall assign one member of the Board to write the order or opinion. The member so assigned has 30 days within which to submit to the Board the final draft, after reviewing comments by all members of the Board on the issue, researching the issue and seeking the assistance of the Attorney General, if necessary. Upon completing his draft of the order or opinion, the assigned member shall submit it to the Board for final approval.

     [Bd. of Cosmetology, No. 11.4, eff. 12-3-80]

      NAC 644.570  Notice. (NRS 233B.120, 644.110)  After the Board renders its declaratory order or advisory opinion, the Executive Director shall give notice of it to the petitioner.

     [Bd. of Cosmetology, No. 11.5, eff. 12-3-80]—(NAC A by R092-06, 9-18-2006)

      NAC 644.575  Violation of order or opinion. (NRS 644.110)  After the Board renders such an order or opinion, any violation of it is cause for a disciplinary hearing.

     [Bd. of Cosmetology, No. 11.6, eff. 12-3-80]

Petitions for Adoption, Amendment or Repeal of Regulations

      NAC 644.580  Format; procedure for consideration. (NRS 233B.100, 644.110)

     1.  A petition for the adoption, amendment or repeal of a regulation must be in writing and be prepared substantially in accordance with Form No. 2.*

     2.  The following procedure applies to such a petition:

     (a) If the petition is received within 30 days before the next regular meeting, the petition will be placed on the agenda for discussion to determine whether the petition should be denied or regulation-making procedures commenced.

 

 

     (b) If the petition is received by the Board during any period in which a regular meeting is not scheduled within 30 days, the Executive Director shall begin the procedures necessary for adoption of the regulations. The Board may call a special meeting to deny the petition, thus terminating those procedures.

     *See adopting agency for form.

     [Bd. of Cosmetology, No. 12, eff. 12-3-80; A 10-15-81]—(NAC A by R092-06, 9-18-2006)

MOBILE COSMETOLOGICAL ESTABLISHMENTS

      NAC 644.600  Definitions. (NRS 644.110)  As used in NAC 644.600 to 644.655, inclusive, unless the context otherwise requires:

     1.  “M.B.T.U.” means a measurement of energy output or demand in British thermal units.

     2.  “Mobile cosmetological establishment” means a self-contained, self-supporting, enclosed mobile unit where one or more persons engage in the practice of cosmetology.

     (Added to NAC by Bd. of Cosmetology, eff. 7-18-88)

      NAC 644.610  Application for license to operate or for transfer of ownership: Filing. (NRS 644.110)

     1.  An application for a license to operate a mobile cosmetological establishment must be filed with the Board not less than 10 days before the proposed opening date.

     2.  An application to transfer ownership of a licensed mobile cosmetological establishment must be filed with the Board within 3 days after purchase.

     (Added to NAC by Bd. of Cosmetology, eff. 7-18-88)

      NAC 644.615  Application for license to operate or for transfer of ownership: Contents. (NRS 644.110, 644.340, 644.345)  Each application for a license to operate a mobile cosmetological establishment or for the transfer of ownership of a licensed mobile cosmetological establishment must include:

     1.  A detailed floor plan showing:

     (a) The location of:

          (1) Doors;

          (2) Windows;

          (3) Restrooms;

          (4) Sinks;

          (5) Lifts or ramps;

          (6) Ventilation systems; and

          (7) Equipment; and

     (b) The dimensions of the establishment;

     2.  The owner’s proof of purchase for the establishment and the equipment contained therein;

     3.  The required fee;

     4.  Copies of work permits or approvals from each county and city of operation granting the owner of the establishment permission to conduct mobile cosmetological services within that county and city;

     5.  Copies of letters of compliance from the city, county and state agencies governing applicable plumbing, electrical and fire codes; and

     6.  Proof of a valid Nevada driver’s license for the driver of the establishment.

     (Added to NAC by Bd. of Cosmetology, eff. 7-18-88)

 

 

      NAC 644.620  Inspection of establishment. (NRS 644.110, 644.340, 644.345)  After the floor plan and application have initially been approved, the applicant must schedule an appointment to show the mobile cosmetological establishment to the Board for final approval. If inspection of the establishment is denied, or if the establishment has been closed for 12 calendar months, the application will be denied.

     (Added to NAC by Bd. of Cosmetology, eff. 7-18-88)

      NAC 644.625  Delivery of license or return of application. (NRS 644.110)  A license to operate a mobile cosmetological establishment will be delivered to the owner following inspection of the establishment if the Board’s requirements have been met. Applications not approved will be returned to the applicant.

     (Added to NAC by Bd. of Cosmetology, eff. 7-18-88)

      NAC 644.630  Removal of equipment from establishment. (NRS 644.110)  If equipment is removed from a mobile cosmetological establishment, the license to operate the establishment becomes null and void.

     (Added to NAC by Bd. of Cosmetology, eff. 7-18-88)

      NAC 644.635  Submission of monthly itinerary; changes in itinerary. (NRS 644.110)

     1.  The holder of a license to operate a mobile cosmetological establishment shall submit to the Board a monthly itinerary showing the dates, locations, and times of service to be provided throughout the State. The itinerary must be:

     (a) Submitted to the Board at least 15 days before the beginning of each month; and

     (b) Accompanied by copies of work permits or approvals from each county and city of operation granting the owner of the establishment permission to conduct mobile cosmetological services within that county and city.

     2.  Changes in an itinerary must be called in to the Board’s office and affirmed in writing. The written affirmation must be accompanied by copies of work permits or approvals from each county and city of operation granting the owner of the establishment permission to conduct mobile cosmetological services within that county and city.

     (Added to NAC by Bd. of Cosmetology, eff. 7-18-88)

      NAC 644.640  General standards for establishments. (NRS 644.110)  A mobile cosmetological establishment must comply with the following standards:

     1.  Exterior advertising depicting “Licensed Cosmetological Establishment” must be on both sides of the vehicle with the unit’s establishment number.

     2.  The floor, carpeting, walls, ceiling, furniture, equipment and all contents of the establishment must be kept clean and in good repair at all times.

     3.  Carpeting is permitted only within the driving or cab area and only if approved by the appropriate city and county agencies governing fire codes.

     4.  All storage cabinets must be secured by the use of spring struts or friction catches.

     5.  All equipment must be securely anchored to the establishment.

     6.  The interior of the establishment must be 7 to 8 feet wide, inclusive, have a ceiling height of at least 6 feet and be at least 24 feet long, as measured from the back of the driver’s seat to the back of the establishment.

     7.  One 5-pound ABC fire extinguisher must be mounted in public view.

     8.  A ramp or lift must be provided for access to the establishment if services are provided to persons with disabilities.

     9.  No services may be performed while the establishment is in motion.

     10.  Sleeping provisions must not be placed or maintained in the working area of the establishment.

     11.  Containers in the establishment must consist of galvanized stainless steel or other noncorrosive material not including glass.

     12.  All chemicals in the establishment must be stored in secured cabinets, separate and apart from other articles or equipment in the establishment.

     (Added to NAC by Bd. of Cosmetology, eff. 7-18-88; A by R029-02, 7-19-2002)

      NAC 644.645  Supply of water. (NRS 644.110)

     1.  Each cosmetological establishment must have at least 100 gallons of self-contained water in gray and black holding tanks with gauges indicating levels in the tanks and reserve capabilities. If an establishment’s portable water supply is depleted, operation must cease until the supply is replenished.

     2.  An establishment must have tanks which provide hot water continually and on demand with a combined capacity of at least 6 gallons.

     (Added to NAC by Bd. of Cosmetology, eff. 7-18-88)

      NAC 644.650  Disposal of waste. (NRS 644.110)

     1.  A mobile cosmetological establishment must have restrooms within its perimeter including a self-contained, recirculating, flush chemical toilet with holding tank.

     2.  The plumbing system of the establishment must be installed and maintained in accordance with the requirements of all city, county, state, federal and national fire codes.

     3.  The owner of an establishment shall provide to the Board copies of written approval granting the owner permission to use dumping stations.

     (Added to NAC by Bd. of Cosmetology, eff. 7-18-88)

      NAC 644.655  Electrical system. (NRS 644.110)

     1.  A mobile cosmetological establishment must have a split lead generator with:

     (a) A capacity of at least 6,500 watts;

     (b) A remote starter;

     (c) A muffler; and

     (d) Outside ventilation.

     2.  Heaters for mobile cosmetological establishments must be:

     (a) Sealed combustible units;

     (b) Vented outside; and

     (c) Contain at least 30 M.B.T.U. of power.

     3.  All electrical wiring for an establishment must be wired in accordance with city, county, state and national fire codes.

     (Added to NAC by Bd. of Cosmetology, eff. 7-18-88)

DISCIPLINARY ACTIONS

      NAC 644.700  Schedule of fines; disciplinary hearings. (NRS 644.110, 644.430)

     1.  The Board adopts the following schedule of fines for any violation of the provisions listed:

 

 

    First

Second

    Third

Violation

Offense

Offense

Offense

 

 

 

 

COSMETOLOGICAL ESTABLISHMENT

 

 

 

Operating an establishment without a license..............................

        $1,000

$1,500

$2,000

Operating an establishment with an expired license....................

             200

500

 

Allowing a licensee to work with an expired license (per person).................................................................................................

             200

500

 

Failure to display license in place of business..............................

             200

500

 

Allowing an unlicensed person to work in an establishment.......

          1,000

1,500

2,000

 

 

 

 

Operating an establishment without supervision by a licensed person......................................................................................

           $200

$500

 

Operating an establishment with an animal on the premises........

             200

500

 

 

 

 

 

COSMETOLOGIST OR OTHER LICENSED NATURAL PERSON

 

 

Practicing with an expired license................................................

             200

500

 

Failure to display license at a work station..................................

             200

500

 

Failure to practice in a cosmetological establishment...................

             500

1,000

$2,000

 

 

 

 

COSMETOLOGIST’S APPRENTICE

 

 

 

Failure to display a certificate of registration in plain view.........

             100

500

 

Failure to wear a badge while working........................................

             100

500

 

Working on the public without a supervising cosmetologist present.....................................................................................

             500

1,000

 

 

 

 

 

SUPERVISOR OF A COSMETOLOGIST’S APPRENTICE

 

 

 

Allowing an apprentice to work if his certificate of registration is not displayed in plain view..................................................

             100

500

 

Allowing an apprentice to work if he is not wearing his badge...

             100

500

 

 

 

 

 

ANY PERSON

 

 

 

Practicing without a license or certificate....................................

          1,000

1,500

2,000

Copying or altering a license or certificate...................................

             200

500

 

Using a copied or altered license or certificate for purposes of fraud, deception, misrepresentation or other illegal purpose...

          1,000

 

 

 

 

 

 

 

     2.  A licensee who violates a provision of NAC 644.307 to 644.355, inclusive, will be fined not more than $100 for the first violation.

     3.  A person who violates a provision of this chapter or chapter 644 of NRS for which this section does not provide a specific fine, including, without limitation, a second or subsequent violation, may be:

     (a) Ordered to appear at a disciplinary hearing before the Board; and

     (b) Punished by the Board as set forth in NRS 644.430.

     (Added to NAC by Bd. of Cosmetology, eff. 6-18-91; A by R029-02, 7-19-2002; R092-06, 9-18-2006; R030-08, 9-18-2008)

      NAC 644.705  Acts constituting gross malpractice. (NRS 644.110, 644.430)  For the purposes of NRS 644.430, a violation of any provision of NRS 644.470 constitutes gross malpractice.

     [Bd. of Cosmetology, No. 14.7, eff. 12-3-80]—(NAC A by R030-08, 9-18-2008)—(Substituted in revision for NAC 644.060)

      NAC 644.711  Practices constituting grounds for disciplinary action. (NRS 644.110, 644.430)  For the purposes of paragraph (k) of subsection 1 of NRS 644.430, the following practices are grounds for disciplinary action by the Board:

     1.  Copying or altering a license in violation of NRS 644.476.

     2.  Using a license that has been copied or altered for the purposes of fraud, deception, misrepresentation or other illegal purpose.

     3.  Using the terms “advanced” or “medical” in connection with any description of a person’s practice in any branch of cosmetology or otherwise holding the person out to the public as an advanced or medical practitioner of any branch of cosmetology.

     (Added to NAC by Bd. of Cosmetology by R030-08, eff. 9-18-2008)