CHAPTER 644

CHAPTER 644

COSMETOLOGY

GENERAL PROVISIONS

NRS 644.020 Definitions.

NRS 644.0205 “Aesthetician” defined.

NRS 644.021 “Board” defined.

NRS 644.0225 “Cosmetological establishment” defined.

NRS 644.023 “Cosmetologist” defined.

NRS 644.0233 “Cosmetologist’s apprentice” defined.

NRS 644.024 “Cosmetology” defined.

NRS 644.0245 “Demonstrator of cosmetics” defined.

NRS 644.026 “Electrologist” defined.

NRS 644.0265 “Electrologist’s apprentice” defined.

NRS 644.0277 “Hair designer” defined.

NRS 644.029 “Manicurist” defined.

STATE BOARD OF COSMETOLOGY

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

NRS 644.040 Qualifications of members.

NRS 644.050 Terms and oaths of members.

NRS 644.060 Officers.

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

NRS 644.075 Fiscal year.

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

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

NRS 644.095 Approval of device used in cosmetology.

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

NRS 644.110 Regulations.

NRS 644.120 Regulations governing sanitary conditions.

NRS 644.130 Record of licenses; disclosure of information.

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

NRS 644.140 Record of proceedings; other duties.

NRS 644.150 Employees, attorneys and other professional consultants.

NRS 644.160 Biennial report to Governor; contents.

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

NRS 644.180 Revolving fund.

LICENSING AND REGULATION OF AESTHETICIANS, COSMETOLOGISTS,

ELECTROLOGISTS, HAIR DESIGNERS, MANICURISTS, DEMONSTRATORS OF

COSMETICS, INSTRUCTORS AND APPRENTICES

NRS 644.190 Unlawful practices without license; exceptions.

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

NRS 644.195 Instructors: Qualifications; fee for license.

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

NRS 644.196 Instructors in cosmetology: Qualifications for examination.

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

NRS 644.200 Cosmetologists: Qualifications for examination; further study by barber who fails examination.

NRS 644.203 Electrologists: Qualifications for examination.

NRS 644.204 Hair designers: Qualifications for examination.

NRS 644.205 Manicurists: Qualifications for examination.

NRS 644.206 Demonstrator of cosmetics: Qualifications for examination.

NRS 644.207 Aestheticians: Qualifications for examination.

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

NRS 644.212 Application to include social security number of applicant. [Expires by limitation on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 644.214 Payment of child support: Statement by applicant for license or evidence of registration; grounds for denial of license or evidence of registration; duty of Board. [Expires by limitation on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

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

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

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

NRS 644.220 Examination and reexamination: Fees and charges.

NRS 644.230 Examinations: General requirements.

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

NRS 644.240 Cosmetologists: Scope of examination.

NRS 644.243 Electrologists: Scope of examination.

NRS 644.244 Hair designers: Scope of examination.

NRS 644.245 Manicurists: Scope of examination.

NRS 644.246 Demonstrator of cosmetics: Scope of examination.

NRS 644.247 Aestheticians: Scope of examination.

NRS 644.260 Issuance of licenses. [Effective until the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 644.260 Issuance of licenses. [Effective on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 644.270 License to specify authorized occupation.

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

NRS 644.290 Display of license.

NRS 644.295 Duplicate license; fee.

NRS 644.300 Notice to Secretary of change of location.

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

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

NRS 644.325 Renewal of license: Application; statement; fees; penalties for late renewal; photographs. [Effective until the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 644.325 Renewal of license: Application; fees; penalties for late renewal; photographs. [Effective on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 644.330 Renewal of license after expiration; restoration after retirement. [Effective until the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 644.330 Renewal of license after expiration; restoration after retirement. [Effective on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

COSMETOLOGICAL ESTABLISHMENTS

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

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

NRS 644.350 Cosmetological establishment: Expiration of license.

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

NRS 644.365 Cosmetological establishment: Practice of cosmetology by certain licensed cosmetologists.

NRS 644.370 Cosmetological establishment: Supervision by licensed person.

NRS 644.375 Food and beverage sales.

SCHOOLS OF COSMETOLOGY

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

NRS 644.383 Surety bond.

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

NRS 644.387 Certain cosmetological establishments deemed schools of cosmetology.

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

NRS 644.395 Staff of instructors.

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

NRS 644.403 Unconscionable contracts with students.

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

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

NRS 644.410 Display of license.

DEMONSTRATIONS

NRS 644.425 Temporary educational permit; unlawful acts.

DISCIPLINARY ACTIONS

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

NRS 644.435 Suspension of license or registration for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license or registration. [Expires by limitation on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

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

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

NRS 644.446 Certain records relating to investigation deemed confidential; certain records relating to disciplinary action deemed public records.

NRS 644.447 Injunctions.

APPLICABILITY OF CHAPTER

NRS 644.460 Exemptions.

PROHIBITED PRACTICES AND PENALTIES

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

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

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

NRS 644.473 Unlawful acts relating to cutting of men’s hair.

NRS 644.475 Styling of hairpieces: Restrictions.

NRS 644.476 Unlawful to copy or alter license.

NRS 644.477 Unlawful to practice other professions in cosmetological establishment; exceptions.

NRS 644.480 Penalties.

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

NRS 644.020 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 644.0205 to 644.029, inclusive, have the meanings ascribed to them in those sections.

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

NRS 644.0205 “Aesthetician” defined. “Aesthetician” means any person who engages in the practices of:

1. Beautifying, massaging, cleansing or stimulating the skin of the human body, except the scalp, by the use of cosmetic preparations, antiseptics, tonics, lotions or creams, or any device, electrical or otherwise, for the care of the skin;

2. Applying cosmetics or eyelashes to any person, tinting eyelashes and eyebrows, and lightening hair on the body except the scalp; and

3. Removing superfluous hair from the body of any person by the use of depilatories, waxing or tweezers,

Êbut does not include the branches of cosmetology of a cosmetologist, hair designer, electrologist or manicurist.

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

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

(Added to NRS by 1981, 1346)

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

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

NRS 644.023 “Cosmetologist” defined. “Cosmetologist” means a person who engages in the practices of:

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

2. Cutting, trimming or shaping the hair.

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

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

5. Manicuring the nails of any person.

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

7. Giving facials or skin care or applying cosmetics or eyelashes to any person.

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

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

(Added to NRS by 1999, 1150)

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

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

NRS 644.0245 “Demonstrator of cosmetics” defined. “Demonstrator of cosmetics” means a person who, without charge and without advertising his services, demonstrates the application of cosmetics in a cosmetological establishment for the sole purpose of selling cosmetics.

(Added to NRS by 2001, 1190)

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

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

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

(Added to NRS by 1981, 1347)

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

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

2. Cutting, trimming or shaping the hair.

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

(Added to NRS by 1995, 460)

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

1. Care of another’s fingernails or toenails.

2. Beautification of another’s nails.

3. Extension of another’s nails.

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

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

STATE BOARD OF COSMETOLOGY

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

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

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

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

NRS 644.040 Qualifications of members.

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

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

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

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

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

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

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

NRS 644.050 Terms and oaths of members.

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

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

3. No member of the Board may serve more than two (2) consecutive full terms not counting appointment to expired term. You must be off the board one (1) year before being reinstated.[t1]

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

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

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

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

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

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

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

(a) A salary of not more than $80 per day, as fixed by the Board, while engaged in the business of the Board; and

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

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

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

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

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

(Added to NRS by 1963, 160)

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

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

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

3. May adopt a seal.

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

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

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

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

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

3. License cosmetological establishments and schools of cosmetology.

4. Report to the proper prosecuting officers all violations of this chapter coming within its knowledge.

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

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

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

(Added to NRS by 1985, 1680)

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

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

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

[20:218:1931; 1931 NCL § 1862.20]

NRS 644.110 Regulations. The Board shall adopt reasonable regulations:

1. For carrying out the provisions of this chapter.

2. For conducting examinations of applicants for licenses.

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

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

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

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

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

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

6. For governing the conduct of cosmetological establishments.

[Part 4:218:1931; A 1933, 237; 1931 NCL § 1862.03]—(NRS A 1969, 881; 1979, 1823; 1981, 1350; 1985, 1628, 1680, 1852; 1987, 1201; 1991, 2055)[t2]

NRS 644.120 Regulations governing sanitary conditions.

1. The Board may adopt such regulations governing sanitary conditions as it deems necessary with particular reference to the precautions to be employed to prevent the creating or spreading of infectious or contagious diseases in cosmetological establishments or schools of cosmetology, or in the practice of a cosmetologist.

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

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

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

NRS 644.130 Record of licenses; disclosure of information.

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

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

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

(b) A member of the general public, except information concerning the home and work [t3] address and telephone number of a licensee.

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

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

(Added to NRS by 2003, 2531)

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

1. Keep a record of its proceedings.

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

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

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

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

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

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

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

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

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

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

4. The Board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines therefor and deposit the money therefrom in banks, credit unions or savings and loan associations in this state.

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

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

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

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

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

NRS 644.190 Unlawful practices without license; exceptions.

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

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

3. This chapter does not prohibit:

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

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

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

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

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

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

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

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

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

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

(b) Has practiced as a full-time licensed cosmetologist, hair designer, [t4] aesthetician or manicurist for 1 year and submits written verification of his experience;

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

(e) Submits two current photographs of himself; and

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

2. The Board shall establish and collect a fee of not less than $40 [t5] ~~$25~~ nor more than $75 [t6] ~~$40~~ for the issuance of a provisional license as an instructor.

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

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

(Added to NRS by 1989, 1318; A 1991, 2057; 2003, 2531)

NRS 644.195 Instructors: Qualifications; fee for license.

1. Each instructor must:

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

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

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

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

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

3. Each instructor shall pay an initial fee for a license of not less than $60 [t7] ~~$40~~ and not more than $90 [t8] ~~$60~~.

(Added to NRS by 1985, 1850; A 1991, 2057; 2003, 2531)

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

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

(a) Is at least 18 years of age;

(b) Is of good moral character;

(d) Has received a minimum of 800 hours of training as an instructor or 400 hours of training as a provisional instructor in a licensed school of cosmetology;

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

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

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

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

(Added to NRS by 1987, 1200; A 1991, 2058; 2003, 2532)

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

(Added to NRS by 1985, 1626)

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

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

(a) Is at least 18 years of age;

(b) Is of good moral character;

(d) Has received a minimum of 500 hours of training as an instructor or 250 hours of training as a provisional instructor in a licensed school of cosmetology;

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

(f) Has practiced as a full-time licensed manicurist for 1 year.

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

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

(Added to NRS by 1985, 1626; A 1987, 1202; 1991, 2058; 2003, 2532)

NRS 644.200 Cosmetologists: Qualifications for examination; further study by barber who fails examination.

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

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

(b) Is of good moral character.

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

(d) Has had any one of the following:

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

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

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

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

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

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

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

1. Is not less than 18 years of age.

2. Is of good moral character.

3. Has successfully complet