[Rev. 6/10/2016 3:15:40 PM]

[NAC-644 Revised Date: 6-16]

CHAPTER 644 - COSMETOLOGY

GENERAL PROVISIONS

644.010              Definitions.

644.012              “Board” defined.

644.013              “Classroom” defined.

644.014              “Cleaning” defined.

644.016              “Disinfectant” defined.

644.0163            “Disinfection” defined.

644.0165            “Dispensary” defined.

644.017              “Executive Director” defined.

644.018              “Final time record” defined.

644.019              “Infection control and prevention” defined.

644.021              “Makeup” defined.

644.023              “Practical” defined.

644.025              “School of cosmetology” defined.

644.030              “School of electrology” defined.

644.031              “Sterilization” defined.

644.0315            “Theory” 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 or certificate of registration.

644.0463            Certification of licensure.

644.0464            Limited licensure of person licensed in another state or territory or District of Columbia or licensed to practice another branch of cosmetology.

644.0466            Proof of name change.

644.0469            Translation of documents written in language other than English.

644.0471            Hours of training required for student enrolled at licensed school of cosmetology.

644.0473            Credit for incomplete hours in courses.

644.0475            Approval of course by Board; credit for completion.

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, demonstrator of cosmetics or aesthetician or registration as shampoo technologist or makeup artist.

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            Examinations in English, Spanish or another language.

644.052              Examination for licensure as instructor.

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

644.0536            Dispensation of examination for restoration of license after retirement.

644.0539            Passing score.

 

Fees

644.054              Fees for initial license or registration and certain annual registrations.

644.056              Renewal of certain licenses and registrations.

644.062              Examinations.

SCHOOLS OF COSMETOLOGY

644.079              Schools located within the Department of Corrections.

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 by certain 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.

APPRENTICES

644.151              Application.

644.154              Petition to supervise and train 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, hair designer, aesthetician or nail technologist.

644.169              Compensation to supervise and train cosmetologist’s apprentice prohibited; exceptions.

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.

644.267              Compensation to supervise and train electrologist’s apprentice prohibited; exceptions.

644.270              Approval of apprenticeship by owner of cosmetological establishment or certain persons.

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.

644.309              Inspection of establishment.

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.

644.337              Foot spas.

644.340              Disinfectants; instruments, implements and other tools; sterilization equipment; disposable articles; single-use items.

644.342              Clippers, vibrators and other electrical instruments.

644.343              Wax pots.

644.345              Cosmetics and other preparations.

644.347              Hot steamed towels.

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.

644.373              Prohibited devices: Removal from premises; punishment.

644.374              Place of practice: Practice by holder of limited license; services offered; use of appointment book or system.

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.

 

Pleadings, Motions and Other Papers

644.420              Construction.

644.445              Filing.

644.450              Service of process.

644.455              Proof of service.

 

Complaints

644.460              General requirements.

644.470              Complaint: Review by Executive Director or designee; investigation; administrative hearing; notice of determination.

 

Hearings

644.485              Petition to appear before the Board.

644.505              Conduct at hearings.

644.520              Stipulations.

644.525              Official notice of Board.

644.530              Briefs.

644.550              Records of hearings.

 

Declaratory Orders and Advisory Opinions

644.555              Petitions.

644.560              Procedure for consideration of petition.

644.565              Draft of declaratory order or advisory opinion by member of Board; notice to petitioner.

644.575              Compliance with declaratory order or advisory opinion required.

 

Petitions for Adoption, Amendment or Repeal of Regulations

644.580              Petition for adoption, filing or repeal of regulation; format; decision by Board.

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              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; R064-15, 12-21-2015)

     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 644.013  “Classroom” defined. (NRS 644.110)  “Classroom” means any room within a licensed school of cosmetology or electrology in which instruction is provided.

     (Added to NAC by Bd. of Cosmetology by R064-15, eff. 12-21-2015)

     NAC 644.014  “Cleaning” defined. (NRS 644.110)  “Cleaning” means washing a surface or object with soap or detergent and warm water and rendering the surface or object free from all soil, dirt and debris.

     (Added to NAC by Bd. of Cosmetology by R064-15, eff. 12-21-2015)

     NAC 644.016  “Disinfectant” defined. (NRS 644.110)  “Disinfectant” means a chemical agent that is registered with the United States Environmental Protection Agency for use in a hospital setting as a bactericide, fungicide or virucide.

     (Added to NAC by Bd. of Cosmetology by R064-15, eff. 12-21-2015)

     NAC 644.0163  “Disinfection” defined. (NRS 644.110)  “Disinfection” means the use of a chemical agent that eliminates harmful bacteria, fungi and viruses on nonporous surfaces.

     (Added to NAC by Bd. of Cosmetology by R064-15, eff. 12-21-2015)

     NAC 644.0165  “Dispensary” defined. (NRS 644.110)  “Dispensary” means a physical location or area in a cosmetological establishment or a school of cosmetology primarily used for the preparation, measuring, mixing, portioning or disposal of cosmetology supplies, products, chemicals or disinfectants or for the cleaning or disinfection of tools or implements.

     (Added to NAC by Bd. of Cosmetology by R064-15, eff. 12-21-2015)

     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 or electrology.

     (Added to NAC by Bd. of Cosmetology by R030-08, eff. 9-18-2008; A by R064-15, 12-21-2015)

     NAC 644.019  “Infection control and prevention” defined. (NRS 644.110)  “Infection control and prevention” 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, cleaning, disinfection and sterilization.

     (Added to NAC by Bd. of Cosmetology by R030-08, eff. 9-18-2008; A by R064-15, 12-21-2015)

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

     (Added to NAC by Bd. of Cosmetology, eff. 5-14-92; A by R099-97, 2-25-98; R064-15, 12-21-2015)

     NAC 644.023  “Practical” defined. (NRS 644.110)  “Practical” means the actual performance by a student of a partial or complete service on another person or a mannequin.

     (Added to NAC by Bd. of Cosmetology by R064-15, eff. 12-21-2015)

     NAC 644.025  “School of cosmetology” defined. (NRS 644.110)  “School of cosmetology” means a licensed establishment accepting compensation for instruction in cosmetology which enrolls students in courses that satisfy the requirements for licensure under this chapter and chapter 644 of NRS.

     [Bd. of Cosmetology, No. 20.1, eff. 12-3-80] — (NAC A by R064-15, 12-21-2015)

     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 644.031  “Sterilization” defined. (NRS 644.110)  “Sterilization” means the complete destruction of all microbial life by means of heat and pressure, including, without limitation, the use of an autoclave approved by the United States Food and Drug Administration.

     (Added to NAC by Bd. of Cosmetology by R064-15, eff. 12-21-2015)

     NAC 644.0315  “Theory” defined. (NRS 644.110)  “Theory” means instruction by demonstration, lecture, classroom participation or examination.

     (Added to NAC by Bd. of Cosmetology by R064-15, eff. 12-21-2015)

     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 device approved by the Board.

     (Added to NAC by Bd. of Cosmetology by R099-97, eff. 2-25-98; A by R064-15, 12-21-2015)

     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 or makeup artistry 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.

     6.  Only makeup artistry is practiced, the establishment must be under the immediate supervision of a licensed cosmetologist or licensed aesthetician.

     (Added to NAC by Bd. of Cosmetology, eff. 10-16-87; A by R099-97, 2-25-98; R092-06, 9-18-2006; R064-15, 12-21-2015)

     NAC 644.038  “Cosmetological establishment” construed. (NRS 644.110)  The Board does not construe “cosmetological establishment” to include:

     1.  An active television or motion picture set or any other related area as determined by the Board.

     2.  A physical location that is used in connection with photography services provided by a photographer if the photographer or his or her employee does not advertise cosmetology or makeup artistry services and provides cosmetology or makeup artistry services without charge to the customer.

     3.  A retail establishment when engaged in the demonstration of cosmetics if the demonstration is without charge to the person to whom the demonstration is given and the retail establishment does not advertise or provide cosmetology or makeup artistry services except for the sale of cosmetics and fragrances.

     (Added to NAC by Bd. of Cosmetology, eff. 7-18-88; A by R064-15, 12-21-2015)

     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, electronic mail address, telephone number and physical mailing address of the sender.

     [Bd. of Cosmetology, No. 2.2, eff. 12-3-80] — (NAC A by R064-15, 12-21-2015) — (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 or certificate of registration. (NRS 644.110)  The license or certificate of registration of any person who is licensed or registered pursuant to chapter 644 of NRS may be used only by the person to whom the license or certificate has been issued.

     [Bd. of Cosmetology, No. 18, eff. 12-3-80] — (NAC A by R064-15, 12-21-2015) — (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 or submitted electronically 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; A by R064-15, 12-21-2015)

     NAC 644.0464  Limited licensure of person licensed in another state or territory or District of Columbia or licensed to practice another branch of cosmetology. (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 submit to the Board:

     1.  If the person is licensed in another state or territory of the United States or the District of Columbia:

     (a) A copy of a valid license to practice cosmetology from another state or territory of the United States or the District of Columbia;

     (b) A certification of licensure provided directly from the board which issued the license;

     (c) Valid identification, including, without limitation, a driver’s license, passport or identification card which contains a picture of the applicant and was issued by another state or territory of the United States or the District of Columbia;

     (d) Proof of temporary hire by a location described in paragraph (a) of subsection 2 of NAC 644.374 which consists of a letter or other documentation from the location stating that the person applying for the limited license has been hired or has contracted to engage in the practice of cosmetology or makeup artistry at the location for a designated period;

     (e) Two photographs which must:

          (1) Be identical;

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

          (3) Be 2 inches by 2 inches in size; and

          (4) 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

     (f) A fee of $100.

     2.  If the person is licensed under NRS 644.200, 644.204, 644.205 or 644.207:

     (a) A form supplied by the Board containing the name, address, electronic mail address, social security number, age, citizenship status and military status of the applicant, the license number of the cosmetologist, hair designer, aesthetician or nail technician, whether the applicant is subject to a court order for the support of a child and any other information required by the Board;

     (b) The name and address under which the license described in this subsection was issued;

     (c) Valid identification, including, without limitation, a driver’s license, passport or identification card which contains a picture of the applicant and which was issued by another state or territory of the United States or the District of Columbia;

     (d) Two photographs which must:

          (1) Be identical;

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

          (3) Be 2 inches by 2 inches in size; and

          (4) 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) A fee of $100.

     (Added to NAC by Bd. of Cosmetology by R092-06, eff. 9-18-2006; A by R064-15, 12-21-2015)

     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 or her 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 644.0471  Hours of training required for student enrolled at licensed school of cosmetology. (NRS 644.110)

     1.  Except as otherwise provided in this subsection, a student in cosmetology who is enrolled at a licensed school of cosmetology in this State who initially commenced instruction at any licensed school of cosmetology before August 1, 2015, is required to complete 1,800 hours of training. The Executive Director may, for good cause shown, reduce this requirement to 1,600 hours of training if a student in cosmetology has not been enrolled at a licensed school of cosmetology for a period of at least 12 months before August 1, 2016.

     2.  A student in cosmetology who is enrolled at a licensed school of cosmetology in this State who initially commenced instruction on or after August 1, 2015, and on or before September 30, 2015, may choose to complete a course of instruction which includes 1,800 hours of training or 1,600 hours of training.

     3.  A student in cosmetology who is enrolled at a licensed school of cosmetology in this State who initially commenced instruction on or after October 1, 2015, is required to complete 1,600 hours of training.

     (Added to NAC by Bd. of Cosmetology by R064-15, eff. 12-21-2015)

     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 644.0475  Approval of course by Board; credit for completion. (NRS 644.110)  A person applying for renewal of a license or certificate of registration pursuant to this chapter and chapter 644 of NRS will not receive credit for a course for the purposes of subsection 5 of NRS 644.325 unless the Board approves the course for that purpose.

     (Added to NAC by Bd. of Cosmetology by R064-15, eff. 12-21-2015)

     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 in each 2-year period 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;

     (b) The instructor has received 30 hours of continuing education in courses approved by the Board in any of the following areas:

          (1) Science;

          (2) Health;

          (3) Business;

          (4) Technology;

          (5) Education or teaching methodology;

          (6) Language; or

          (7) Advanced cosmetology;

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

     (d) The instructor has received 30 hours of instruction from courses in the areas specified in paragraph (b) that are sponsored by an organization or natural person that has been approved by the Board;

     (e) The instructor has received 30 hours of instruction in in-service classes that have been approved by the Board; or

     (f) The instructor has received a certificate of completion for a cardiopulmonary resuscitation or first-aid course that has been approved by the Board.

     2.  A school of cosmetology may conduct in-service classes for the purposes of this section.

     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; R064-15, 12-21-2015)

     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 or college 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) A statement signed 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 2 inches by 2 inches in size; and

     (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.

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

     5.  An applicant for a provisional license as an instructor must hold a license to practice each branch of cosmetology for which the applicant is seeking provisional licensure as an instructor.

     (Added to NAC by Bd. of Cosmetology, eff. 5-14-92; A by R099-97, 2-25-98; R030-08, 9-18-2008; R064-15, 12-21-2015) — (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 or college 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 2 inches by 2 inches in size; and

     (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.

     3.  An applicant for a license as a student instructor shall provide the Board with proof that the applicant is enrolled in a licensed school of cosmetology and submit his or her enrollment form to the Board.

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

     (Added to NAC by Bd. of Cosmetology by R030-08, eff. 9-18-2008; A by R064-15, 12-21-2015)

Examination for Licensure

     NAC 644.0502  Application for licensure as cosmetologist, hair designer, nail technologist, demonstrator of cosmetics or aesthetician or registration as shampoo technologist or makeup artist. (NRS 644.110, 644.210)  An applicant for examination for a license as a cosmetologist, hair designer, nail technologist, demonstrator of cosmetics or aesthetician pursuant to NRS 644.200, 644.204, 644.205, 644.206 or 644.207, respectively, or for registration as a shampoo technologist or makeup artist pursuant to NRS 644.110 or 644.210, respectively, must provide:

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

     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 2 inches by 2 inches in size; and

     (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.

     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 current driver’s license or identification card, including a picture of the applicant, issued to the applicant by a state agency.

     (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; R064-15, 12-21-2015)

     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 prevention;

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

     3.  Setup and client protection;

     4.  Thermal curling;

     5.  Haircutting;

     6.  Chemical waving;

     7.  Hair color; and

     8.  Hair relaxer.

     (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; R064-15, 12-21-2015)

     NAC 644.0506  Examination for licensure as nail technologist. (NRS 644.110, 644.245)  An examination for licensure as a nail technologist will include, but is not limited to, a test on:

     1.  Infection control and prevention;

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

     3.  Client preparation and setup of supplies;

     4.  Manicures and polish application;

     5.  Nail tip application and blending;

     6.  Sculptured nails; and

     7.  Procedures for exposure to blood.

     (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; R064-15, 12-21-2015)

     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 prevention;

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

     3.  Client preparation and setup of supplies;

     4.  Cleansing the face;

     5.  Exfoliating the face;

     6.  Massaging the face;

     7.  Hair removal by tweezing and simulated soft wax;

     8.  Facial masks;

     9.  Facial makeup; and

     10.  Procedures for exposure to blood.

     (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; R064-15, 12-21-2015)

     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 prevention;

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

     3.  Setup and client protection;

     4.  Thermal curling;

     5.  Haircutting;

     6.  Chemical waving;

     7.  Hair color;

     8.  Hair relaxer;

     9.  Basic facials; and

     10.  Sculptured nails.

     (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; R064-15, 12-21-2015)

     NAC 644.0515  Examinations in English, Spanish or another language. (NRS 644.110, 644.235)

     1.  An applicant for examination shall indicate, on the face of his or her 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 the applicant’s 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 the interpreter’s identity and the identity of the organization with which he or she is affiliated.

     7.  For purposes of this section, “examination” means the examination for licensure as a cosmetologist, hair designer, hair braider, aesthetician, nail technologist or demonstrator of cosmetics.

     (Added to NAC by Bd. of Cosmetology by R112-01, 12-17-2001, eff. 1-1-2002; A by R092-06, 9-18-2006; R064-15, 12-21-2015)

     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 theory examination, with a passing score of not less than 75 percent; and

     2.  A law examination consisting of 50 multiple-choice questions on Nevada law relating to cosmetology, 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; R064-15, 12-21-2015)

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

     1.  When an applicant for licensure in any branch of cosmetology registers for the theory examination, he or she 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 or her training pursuant to NRS 644.2155 to 644.2175, inclusive, and NAC 644.151 to 644.181, inclusive, as a cosmetologist’s apprentice, hair designer’s apprentice, aesthetician’s apprentice or nail technologist’s apprentice, a copy of the final report submitted to the Board, pursuant to NAC 644.167, by the licensed cosmetologist, hair designer, aesthetician or nail technologist 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 a written or electronic acceptance letter to each applicant for the theory examination. On the designated day and time of the theory or practical examination, the applicant must present the acceptance letter and his or her picture identification at the location where the examination is being given for admittance into the examination. An applicant who fails to bring the 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 in this State, the school of the results of his or her theory examination and his or her percentage score not later than 3 weeks after the date of the theory examination or, if the examination is graded by a testing company, within 5 business days after the results are received 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 practical examination a model or mannequin and all equipment required for the examination. The applicant must be able to complete the practical 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 practical 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 practical 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 clean outer garments and adequate footwear.

     (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; R064-15, 12-21-2015)

     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, hair designer, hair braider, nail technologist, aesthetician, electrologist or instructor pursuant to subsection 3 of NRS 644.330 if the person applying for restoration of his or her license provides proof of a current license in another state and certification of licensure directly from the appropriate board of that state 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; R064-15, 12-21-2015)

     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 theory examination 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; R064-15, 12-21-2015)

Fees

     NAC 644.054  Fees for initial license or registration and certain annual registrations. (NRS 644.110, 644.320)

     1.  The fee for an initial license or registration issued by the Board for:

     (a) An instructor, hair designer, nail technologist, electrologist, aesthetician, cosmetologist or demonstrator of cosmetics is:

          (1) For 2 years, $70.

          (2) For 4 years, $140.

     (b) A provisional license as an instructor is, for 1 year, $70.

     (c) A shampoo technologist is:

          (1) For 2 years, $50.

          (2) For 4 years, $100.

     (d) A school of cosmetology is:

          (1) For 2 years, $800.

          (2) For 4 years, $1,600.

     2.  The fee for an annual registration for a makeup artist, a natural person who engages in the practice of threading or the owner or operator of a kiosk or other stand-alone facility in which a natural person engages in the practice of threading is, for the period beginning on January 1 and ending on December 31 of a calendar year, $25.

     (Added to NAC by Bd. of Cosmetology, eff. 10-16-87; A by R064-15, 12-21-2015)

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

     1.  For instructors, hair designers, nail technologists, electrologists, demonstrators of cosmetics, aestheticians and cosmetologists:

     (a) For 2 years, $70.

     (b) For 4 years, $140.

     2.  For cosmetological establishments:

     (a) For 2 years, $200.

     (b) For 4 years, $400.

     3.  For shampoo technologists:

     (a) For 2 years, $50.

     (b) For 4 years, $100.

     4.  For schools of cosmetology:

     (a) For 2 years, $800.

     (b) For 4 years, $1,600.

     (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; R064-15, 12-21-2015)

     NAC 644.062  Examinations. (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, $75.

     (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; R064-15, 12-21-2015)

SCHOOLS OF COSMETOLOGY

     NAC 644.079  Schools located within the Department of Corrections. (NRS 644.110)

     1.  The Board may grant a variance from the requirements of NAC 644.079 to 644.145, inclusive, to a school of cosmetology located within a facility of the Department of Corrections.

     2.  An application to operate a school of cosmetology located within a facility of the Department of Corrections must be accompanied by plans, operational processes and variance requests developed jointly with the Department and the Board.

     3.  An initial license to operate a school of cosmetology within a facility of the Department of Corrections may be granted by the Board only during a public hearing. The renewal of such a license may be approved by the staff of the Board.

     (Added to NAC by Bd. of Cosmetology by R064-15, eff. 12-21-2015)

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

     1.  Each school of cosmetology must:

     (a) Have, if the school provides instruction to prepare students for the examination for:

          (1) Cosmetologists, for each 25 such students in attendance, at least 5,000 square feet of floor space;

          (2) Hair designers, for each 20 such students in attendance, at least 3,500 square feet of floor space;

          (3) Aestheticians, for each 20 such students in attendance, at least 3,500 square feet of floor space; and

          (4) Nail technologists, for each 20 such students in attendance, at least 2,500 square feet of floor space;

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

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

     (d) Provide a document signed by the fire marshal who has jurisdiction over the location of the school stating that the placement of the equipment and the square footage provided for the maximum number of proposed students complies with all applicable laws, regulations and codes relating to protection from fire.

     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; R064-15, 12-21-2015)

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

     1.  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.

     2.  One device approved by the Board for use by the students to record their hours of training at the school.

     3.  One chair and writing surface for each student in classes on theory.

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

     5.  At least one textbook per student in either physical or electronic format and adequate reference material, charts, teaching aids and other materials to support the instruction in the school.

     6.  Adequate and safe electrical outlets.

     7.  If the school provides instruction to prepare students for the examination for cosmetologists:

     (a) Twenty-five work stations with styling chairs.

     (b) Seven shampoo bowls.

     (c) Five hair dryers which may be portable or stationary.

     (d) Two facial chairs.

     (e) Eight nail technology tables with two chairs per table.

     (f) One chair for each student in attendance.

     (g) One writing surface for each student in attendance.

     (h) Two mannequins for each student in attendance.

     (i) One tripod or mannequin clamp for each student in attendance.

     (j) One kit for each student in attendance which contains an adequate number of blow dryers, shampoo capes, smocks or aprons, brushes, combs, haircutting implements, aesthetic supplies and nail technology supplies.

     (k) An adequate number of marcelling irons, flat irons and curling irons to allow students to perform the tasks required by the curriculum.

     (l) An adequate amount of other supplies and instruments to allow students to perform the tasks required by the curriculum.

     (m) An adequate amount of wet disinfectants.

     8.  If the school provides instruction to prepare students for the examination for hair designers:

     (a) Twenty work stations.

     (b) Twenty styling chairs.

     (c) Seven shampoo bowls.

     (d) Five hair dryers which may be portable or stationary.

     (e) One chair for each student in attendance.

     (f) One writing surface for each student in attendance.

     (g) Two mannequins for each student in attendance.

     (h) One tripod or mannequin clamp for each student in attendance.

     (i) One kit for each student in attendance which contains an adequate number of shampoo capes, smocks or aprons, brushes, combs and haircutting implements.

     (j) An adequate number of marcelling irons, flat irons and curling irons to allow students to perform the tasks required by the curriculum.

     (k) An adequate amount of other supplies and instruments to allow students to perform the tasks required by the curriculum.

     (l) An adequate amount of wet disinfectants.

     9.  If the school provides instruction to prepare students for the examination for aestheticians:

     (a) Five facial chairs.

     (b) Five facial machines designed to perform aesthetic procedures within the legal scope of services.

     (c) Five facial steamers.

     (d) Five towel warmers.

     (e) Five waxing units.

     (f) One chair for each student in attendance.

     (g) One writing surface for each student in attendance.

     (h) One mannequin for each student in attendance.

     (i) One tripod or mannequin clamp for each student in attendance.

     (j) One kit for each student in attendance which contains an adequate amount of facial supplies.

     (k) An adequate amount of skin care products to allow students to perform the tasks required by the curriculum.

     (l) An adequate amount of wet disinfectants.

     10.  If the school provides instruction to prepare students for the examination for nail technologists:

     (a) Ten manicure tables with two chairs per table.

     (b) Five pedicure chairs with foot basins.

     (c) One chair for each student in attendance.

     (d) One writing surface for each student in attendance.

     (e) An adequate number of mannequin hands or fingers for each student in attendance.

     (f) One mannequin hand clamp for each student in attendance.

     (g) One kit for each student in attendance which contains an adequate amount of implements and nail care supplies for manicures and pedicures.

     (h) An adequate amount of nail care products for each student in attendance.

     (i) An adequate amount of wet disinfectants.

     [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; R064-15, 12-21-2015)

     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 written or electronic signature of an authorized representative of the school;

     5.  A statement that the school has a record of information about the student, including:

     (a) A copy of the student’s birth certificate, passport, driver’s license or identification card containing a picture of the student;

     (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; R064-15, 12-21-2015)

     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 or an electronic form supplied on the Board’s Internet website, 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 or her request. These copies must be given to the student within 3 business days after the student’s 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; R064-15, 12-21-2015)

     NAC 644.105  Instructors; badges; limitation on practice by certain 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, aesthetics, nail technology, electrology or hair designing shall wear a badge with the word “student” inscribed on it. This badge must be worn at all times when the student is in attendance at the school. The student may not work on the public until the student has completed a preliminary training period of 300 hours for students in cosmetology or hair design, 150 hours for students in aesthetics or electrology and 100 hours for students in nail technology.

     3.  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 at the location of the school or while on a field trip supervised by the instructors of the school.

     4.  No instructor in a licensed school of cosmetology may, during the hours in which he or she is on duty as an instructor, devote his or her time to the public or to the private practice of cosmetology for compensation. Each instructor shall devote the instructor’s full time during the hours he or she 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; R064-15, 12-21-2015)

     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 or her training for the day. The student shall also document on a time record the period of each break that the student takes during the day. To record the period of his or her breaks, a student may use a time record which is separate from that which is used to record the beginning and ending of the student’s 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 or her time records from the school, unless the student owes money to the school for tuition or fees for the period covered by his or her time records. The school shall provide the requested time records for all the hours paid for by the student:

     (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; R064-15, 12-21-2015)

     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 the student’s final time record. If the student fails to sign his or her final time record or refuses to sign the final time record because the student 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) Aesthetic services.

     (b) Chemical hair services.

     (c) Cosmetology theory, with a minimum of 3 percent of the total hours of training mandatory for students who are barbers and 10 percent of the total hours of training mandatory for all other students.

     (d) Field trips and modeling, with a maximum of 5 percent of the total hours of training optional for all students.

     (e) Hair design and care.

     (f) Haircutting.

     (g) Infection control and prevention, with a minimum of 3 percent of the total hours of training mandatory for all students.

     (h) Management of a cosmetological establishment.

     (i) Nail technology services.

     (j) The provisions of this chapter and chapter 644 of NRS, with a minimum of 2 percent of the total hours of training mandatory for all students.

     2.  A student may, after completing 10 percent of the total hours of training, earn credit for up to 5 percent of the total 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 or her 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; R064-15, 12-21-2015)

     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) Chemical hair services.

     (b) Field trips and modeling, with a maximum of 5 percent of the total hours of training optional for all students.

     (c) Hair design and care.

     (d) Hair design theory, with a minimum of 10 percent of the total hours of training mandatory for all students.

     (e) Haircutting.

     (f) Infection control and prevention, with a minimum of 3 percent of the total hours of training mandatory for all students.

     (g) Management of a cosmetological establishment.

     (h) The provisions of this chapter and chapter 644 of NRS, with a minimum of 2 percent of the total hours of training mandatory for all students.

     2.  A student may, after completing 10 percent of the total hours of training, earn credit for up to 5 percent of the total 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; R064-15, 12-21-2015)

     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) Aesthetic theory, with a minimum of 10 percent of the total hours of training mandatory for all students.

     (b) Facials.

     (c) Facial machines.

     (d) Field trips and modeling, with a maximum of 5 percent of the total hours of training optional for all students.

     (e) Hair removal.

     (f) Infection control and prevention, with a minimum of 3 percent of the total hours of training mandatory for all students.

     (g) Makeup and eyelash application.

     (h) Management of a cosmetological establishment.

     (i) The provisions of this chapter and chapter 644 of NRS, with a minimum of 2 percent of the total hours of training mandatory for all students.

     2.  A student may, after completing 10 percent of the total hours of training, earn credit for up to 5 percent of the total 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; R064-15, 12-21-2015)

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

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

     (a) Field trips and modeling, with a maximum of 5 percent of the total hours of training optional for all students.

     (b) Infection control and prevention, with a minimum of 3 percent of the total hours of training mandatory for all students.

     (c) Management of a cosmetological establishment.

     (d) Nail services.

     (e) Nail theory, with a minimum of 10 percent of the total hours of training mandatory for all students.

     (f) The provisions of this chapter and chapter 644 of NRS, with a minimum of 2 percent of the total hours of training mandatory for all students.

     2.  A student may, after completing 10 percent of the total hours of training, earn credit for up to 5 percent of the total 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; R064-15, 12-21-2015)

     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 the student’s 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 or she is outside of this State, including, without limitation, hours earned by a student while he or she 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 require every student in attendance to:

     1.  Take one mandatory 30-minute lunch recess for every 7 hours of training time;

     2.  Take one mandatory 15-minute break for every 3 1/2 hours of training time; and

     3.  Perform not more than 7 hours of service on the public in a day.

     [Bd. of Cosmetology, Nos. 20.15 & 20.16, eff. 10-15-81] — (NAC A by R064-15, 12-21-2015)

     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 for services rendered and no school or clients of a school may pay a student for services delivered during his or her course of study at the school.

     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; R064-15, 12-21-2015)

APPRENTICES

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

     1.  To receive a certificate of registration as a cosmetologist’s apprentice, hair designer’s apprentice, aesthetician’s apprentice or nail technologist’s apprentice, an applicant must complete and submit to the Board a written or electronic 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 or her 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 2 inches by 2 inches in size; and

          (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;

     (d) A copy of the petition of the licensed cosmetologist, hair designer, aesthetician or nail technologist, as appropriate, who will be supervising and training the applicant if he or she is approved to be an 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; R064-15, 12-21-2015)

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

     1.  To supervise and train an apprentice, a licensed cosmetologist, hair designer, aesthetician or nail technologist must complete a petition on the appropriate form provided by the Board. The applicant for a certificate of registration as a cosmetologist’s apprentice, hair designer’s apprentice, aesthetician’s apprentice or nail technologist’s apprentice must obtain this completed petition and include it with his or her 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 an apprentice whom he or she seeks to supervise; and

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

          (1) In which all the occupations of cosmetology which will be taught to an apprentice are practiced;

          (2) Which is the same establishment referred to in the owner’s statement of permission and the owner’s statement that he or she 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 an apprentice resides.

     (Added to NAC by Bd. of Cosmetology by R175-99, eff. 1-14-2000; A by R092-06, 9-18-2006; R064-15, 12-21-2015)

     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, hair designer, aesthetician or nail technologist 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 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; A by R064-15, 12-21-2015)

     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, hair designer’s apprentice, aesthetician’s apprentice or nail technologist’s apprentice is valid for training only with the licensed cosmetologist, hair designer, aesthetician or nail technologist and the cosmetological establishment approved by the Board when the certificate of registration was issued.

     2.  Authorization of a licensed cosmetologist, hair designer, aesthetician or nail technologist to supervise and train an apprentice is valid only for the apprentice named in the certificate of registration and only for the period during which the apprentice holds the certificate of registration.

     3.  If an apprentice is unable to complete the number of hours of training required by NRS 644.200, 644.204, 644.205 or 644.207, as appropriate, with the licensed cosmetologist, hair designer, aesthetician or nail technologist 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, hair designer, aesthetician or nail technologist or cosmetological establishment; and

     (b) The apprentice may apply for a new certificate of registration with a different supervising licensed cosmetologist, hair designer, aesthetician or nail technologist or a different cosmetological establishment named as the site for the training of the apprentice.

     4.  Except as otherwise provided in this subsection, the Board may allow an apprentice who applies for and receives a new certificate of registration pursuant to subsection 3 to apply training hours earned pursuant to his or her previous certificate of registration to the number of hours of training required pursuant to NRS 644.200, 644.204, 644.205 or 644.207, as appropriate. The Board will not allow the application of hours earned 4 years or more before the date that the apprentice applies for the new certificate of registration.

     5.  If the reason that an apprentice must apply for a new certificate of registration pursuant to subsection 3 is because the licensed cosmetologist, hair designer, aesthetician or nail technologist 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; A by R064-15, 12-21-2015)

     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, hair designer’s apprentice, aesthetician’s apprentice or nail technologist’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;

     (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 disinfecting instruments used to perform a manicure or pedicure;

          (8) Single use instruments or other instruments that can be disinfected professionally for pushing back cuticles; and

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

     3.  A cosmetological establishment where a hair designer’s apprentice will be trained must have available in a designated area for the use of the hair designer’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) 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;

     (e) 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;

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

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

     (h) One head of a mannequin;

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

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

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

     (l) Tapering shears;

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

     (n) Scissors;

     (o) One razor and blade with a guard;

     (p) One plastic spray bottle;

     (q) Bandages;

     (r) Protective gloves;

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

     (t) 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;

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

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

     (w) One shampoo cape.

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

     (a) One facial chair;

     (b) One facial machine designed to perform aesthetic procedures within the legal scope of services;

     (c) One facial steamer;

     (d) One towel warmer;

     (e) One waxing unit;

     (f) One mannequin;

     (g) One tripod or mannequin clamp;

     (h) One kit which contains an adequate amount of facial supplies;

     (i) An adequate amount of skin care products to allow the apprentice to perform the tasks required by the curriculum; and

     (j) An adequate amount of wet disinfectants.

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

     (a) One manicure table with two chairs;

     (b) One pedicure chair with foot basin;

     (c) One mannequin hand or finger;

     (d) One mannequin hand clamp;

     (e) One kit which contains an adequate amount of implements and nail care supplies for manicures and pedicures;

     (f) An adequate amount of nail care products; and

     (g) An adequate amount of wet disinfectants.

     (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; R064-15, 12-21-2015)

     NAC 644.167  Duties of supervising cosmetologist, hair designer, aesthetician or nail technologist. (NRS 644.110, 644.2175, 644.471)  A licensed cosmetologist, hair designer, aesthetician or nail technologist who has been authorized by the Board to supervise and train an apprentice and who is supervising and training an apprentice shall, in addition to the duties specified in NRS 644.2175:

     1.  Specify, in the daily record of the training of the 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) For a cosmetologist’s apprentice:

          (1) Blow-drying, 160 hours;

          (2) Dispensary, 50 hours;

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

          (4) Facials, arching, skin care and makeup, 120 hours;

          (5) Finger waving, 120 hours;

          (6) Hair coloring, 400 hours;

          (7) Haircutting, 450 hours;

          (8) Manicuring, 150 hours;

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

          (10) Modeling, 60 hours;

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

          (12) Pedicuring, 50 hours;

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

          (14) Receptionist’s duties, 50 hours;

          (15) Salon management, 50 hours;

          (16) Scalp treatment, 50 hours;

          (17) Shampooing and rinses, 50 hours;

          (18) Skipwaving, 120 hours;

          (19) Theory, 410 hours;

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

          (21) Wet hairdressing, 200 hours; and

          (22) Wigs and hairpieces, 50 hours;

     (b) For a hair designer’s apprentice:

          (1) Blow-drying, 115 hours;

          (2) Dispensary, 35 hours;

          (3) Finger waving, 85 hours;

          (4) Hair coloring, 280 hours;

          (5) Haircutting, 420 hours;

          (6) Miscellaneous practical and technical instruction, 130 hours;

          (7) Modeling, 40 hours;

          (8) The provisions of chapter 644 of NRS and the regulations adopted pursuant thereto, 30 hours;

          (9) Permanent waving and chemical straightening, 375 hours;

          (10) Receptionist’s duties, 35 hours;

          (11) Salon management, 35 hours;

          (12) Scalp treatment, 35 hours;

          (13) Shampooing and rinses, 35 hours;

          (14) Skipwaving, 85 hours;

          (15) Theory, 290 hours;

          (16) Thermal straightening, curling and marcelling, 200 hours;

          (17) Wet hairdressing, 140 hours; and

          (18) Wigs and hairpieces, 35 hours;

     (c) For an aesthetician’s apprentice:

          (1) Facials, 400 hours;

          (2) Facial machines, 500 hours;

          (3) Hair removal, 400 hours;

          (4) Infection control and prevention, 40 hours;

          (5) Makeup and eyelash application, 400 hours;

          (6) The provisions of chapter 644 of NRS and the regulations adopted pursuant thereto, 30 hours; and

          (7) Salon management, 30 hours; and

     (d) For a nail technologist’s apprentice:

          (1) Infection control and prevention, 40 hours;

          (2) Nail services, 1,110 hours;

          (3) The provisions of chapter 644 of NRS and the regulations adopted pursuant thereto, 30 hours; and

          (4) Salon management, 20 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 the licensed cosmetologist, hair designer, aesthetician or nail technologist and by the apprentice, that summarize the apprentice’s record of attendance, the training he or she has received during the previous month and his or her scores on any tests administered during the previous month;

     5.  Ensure that the apprentice wears, at all times that he or she 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 apprentice is in plain view of the public at the position where he or she is being trained and performing work on the public;

     7.  Limit the training of the 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 or she has ensured that the apprentice has received a certificate of registration from the Board; and

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

     (a) Documents that the 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 apprentice; and

     (c) States whether the apprentice is ready to take the theory examination for a license as a cosmetologist, hair designer, aesthetician or nail technologist, as appropriate.

     (Added to NAC by Bd. of Cosmetology by R175-99, eff. 1-14-2000; A by R064-15, 12-21-2015)

     NAC 644.169  Compensation to supervise and train cosmetologist’s apprentice prohibited; exceptions. (NRS 644.110, 644.2175)

     1.  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 not accept compensation for the apprenticeship either directly or indirectly.

     2.  The provisions of subsection 1 are not intended to prohibit a cosmetologist’s apprentice or the licensed cosmetologist who is supervising and training the cosmetologist’s apprentice from receiving compensation from patrons who receive services from the cosmetologist’s apprentice.

     (Added to NAC by Bd. of Cosmetology by R106-12, eff. 10-24-2014)

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

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

     2.  Perform work on the public until he or she has received at least 300 hours of technical training for a cosmetologist’s apprentice or hair designer’s apprentice, 150 hours of technical training for an aesthetician’s apprentice or 100 hours of technical training for a nail technologist’s apprentice, 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; A by R064-15, 12-21-2015)

     NAC 644.174  Badge. (NRS 644.110, 644.2175)  Each 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 apprentice, his or her certificate of registration number and the name of the licensed cosmetologist, hair designer, aesthetician or nail technologist who is supervising and training him or her.

     (Added to NAC by Bd. of Cosmetology by R175-99, eff. 1-14-2000; A by R064-15, 12-21-2015)

     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, hair designer’s apprentice, aesthetician’s apprentice or nail technologist’s apprentice to display properly his or her certificate of registration or wear the badge required pursuant to NAC 644.174; and

     2.  Licensed cosmetologist, hair designer, aesthetician or nail technologist who is supervising and training an apprentice to ensure the proper display of the certificate of registration or the wearing of the badge by the 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; A by R064-15, 12-21-2015)

     NAC 644.181  Disciplinary action. (NRS 644.110, 644.2175, 644.430)  A licensed cosmetologist, hair designer, aesthetician or nail technologist who is supervising and training an apprentice may be subject to discipline by the Board for any action or omission for which the apprentice is subject to discipline by the Board.

     (Added to NAC by Bd. of Cosmetology by R175-99, eff. 1-14-2000; A by R064-15, 12-21-2015)

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, cleaning agents, disinfecting agents and cotton;

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

     12.  Covered containers for keeping items such as instruments and needles clean; 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; R064-15, 12-21-2015)

     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 or her 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 the student’s 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 the withdrawal and the student’s time records, upon his or her request. These records must be given to the student within 3 business days after 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 or her time to the public or private practice of cosmetology or electrology for compensation during the hours the instructor is on duty as an instructor. Every instructor shall devote his or her full time during the hours that he or she 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 the person:

     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 the person that:

     (a) Are identical;

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

     (c) Are 2 inches by 2 inches in size; and

     (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;

     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; R064-15, 12-21-2015)

     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 the petition.

     2.  Resides in Nevada.

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

     4.  Understands that:

     (a) Before the petitioner 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 the petitioner 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 or her 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 or her 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 or she 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 or her as an electrologist’s apprentice; and

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

     11.  Agrees:

     (a) That the petitioner is responsible for the activities of the electrologist’s apprentice under his or her 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 the petitioner’s part to abide by this chapter is a ground for the revocation or suspension of his or her 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 644.267  Compensation to supervise and train electrologist’s apprentice prohibited; exceptions. (NRS 644.110)

     1.  A licensed electrologist who has been authorized by the Board to supervise and train an electrologist’s apprentice and who is supervising and training an electrologist’s apprentice shall not accept compensation for the apprenticeship either directly or indirectly.

     2.  The provisions of subsection 1 are not intended to prohibit an electrologist’s apprentice or the licensed electrologist who is supervising and training the electrologist’s apprentice from receiving compensation from patrons who receive services from the electrologist’s apprentice.

     (Added to NAC by Bd. of Cosmetology by R106-12, eff. 10-24-2014)

     NAC 644.270  Approval of apprenticeship by owner of cosmetological establishment or certain persons. (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 person licensed pursuant to chapter 644 of NRS in charge of it has approved the training of the apprentice within his or her establishment.

     [Bd. of Cosmetology, No. 23.7, eff. 12-3-80] — (NAC A by R064-15, 12-21-2015)

     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, disinfecting agents and cotton;

     11.  Containers in which to immerse needles for disinfection;

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

     13.  A covered receptacle for waste.

     [Bd. of Cosmetology, No. 23.8, eff. 12-3-80] — (NAC A by R064-15, 12-21-2015)

     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 or her 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 or her name and permit number;

     2.  His or her supervisor’s name; and

     3.  His or her 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 commencing 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 or her 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 or her 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) 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 and have sufficient signage 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; R064-15, 12-21-2015)

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

     1.  A licensed cosmetologist, aesthetician, electrologist, hair designer, demonstrator of cosmetics, shampoo technologist, makeup artist, person who engages in the practice of threading 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; R064-15, 12-21-2015)

     NAC 644.309  Inspection of establishment. (NRS 644.110)  Any staff member of the Board assigned to perform inspections of cosmetological establishments may open, without limitation, any door, drawer or closure of any kind, with or without the permission of the owner, a supervisor or any employee of a cosmetological establishment, to inspect any area within the establishment. The staff member of the Board who performs such an inspection shall use his or her discretion to avoid entering a treatment room where a client requires privacy to receive a cosmetology service allowed by law. The refusal by an owner, supervisor or licensee to open any locked area within the licensed area of a cosmetological establishment is a ground for disciplinary action by the Board.

     (Added to NAC by Bd. of Cosmetology by R064-15, eff. 12-21-2015)

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 mechanical 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; R064-15, 12-21-2015)

     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.

     [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; R064-15, 12-21-2015)

     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.

     [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; R064-15, 12-21-2015)

     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.

     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.

     [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; R064-15, 12-21-2015)

     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 United States 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. All towels must be washed with detergent on the hot wash cycle and dried until hot to the touch after each use. After being washed, towels must be kept in closed, dust-free cabinets.

     4.  Sanitary neck strips or towels must be used between the neck of the client and the cape to prevent all coverings from coming into direct contact with the client. Proper draping of towels must be used for all services, except that single-use paper neck strips made specifically for such use may be used for dry services.

     5.  Treatment tables must be disinfected after each use with a disinfectant.

     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 disinfected 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; R064-15, 12-21-2015)

     NAC 644.337  Foot spas. (NRS 644.110, 644.120)  A licensee who uses a foot spa for the delivery of cosmetology services must:

     1.  Before performing foot spa services:

     (a) Check the condition of the client’s feet and legs and, if open sores or skin wounds are present, including, without limitation, insect bites, scratches, scabbed-over wounds or any condition that weakens the skin barrier, explain to the client why he or she should not use the foot spa; and

     (b) Not perform any procedure that risks damage to a client’s skin, including, without limitation, pedicures or waxing, before soaking the client’s feet in the foot spa basin.

     2.  After performing foot spa services on a client, including, without limitation, while feet are massaged, toes are painted or any other time after the client’s feet are out of the foot spa:

     (a) Drain the water from the foot spa basin or bowl and remove any visible debris;

     (b) Clean the surfaces of the foot spa with soap or detergent, rinse with clean water and drain;

     (c) After cleaning the foot spa, disinfect the surfaces of the foot spa with a disinfectant according to the manufacturer’s directions on the label of the disinfectant and ensure that the surfaces remain wet with the disinfectant for at least 10 minutes or the time stated on the label of the disinfectant, whichever is shorter;

     (d) For whirlpool foot spas, air-jet basins, “pipe-less” foot spas and other circulating spas, disinfect the foot spa by filling the basin with clean water, adding the appropriate amount of liquid disinfectant and turning the unit on to circulate the disinfectant for the entire contact time; and

     (e) After disinfecting the foot spa, drain and rinse the foot spa with clean water.

     3.  Nightly:

     (a) For whirlpool foot spas, air-jet basins, “pipe-less” foot spas and other circulating spas:

          (1) Remove the filter screen, inlet jets and all other removable parts from the basin and clean out any debris trapped behind or in the removed parts;

          (2) Using a brush, scrub the removed parts with soap or disinfectant following the appropriate cleaning directions for the soap or disinfectant;

          (3) Rinse the removed parts with clean water and place the parts back into the basin;

          (4) Fill the basin with clean water and add a disinfectant following the directions on the label of the disinfectant;

          (5) Turn the unit on and circulate the system with the water and disinfectant for at least 10 minutes or the time stated on the label of the disinfectant, whichever is shorter; and

          (6) After disinfection, drain, rinse and air dry the foot spa.

     (b) For simple basins with no circulation:

          (1) Drain the basin and remove any visible debris;

          (2) Using a clean brush, scrub the bowl with soap or disinfectant following the appropriate cleaning directions for the soap or disinfectant;

          (3) Rinse and drain;

          (4) Disinfect the basin surfaces with a disinfectant according to the manufacturer’s directions on the label of the disinfectant and ensure that the surfaces of the foot spa remain wet with the disinfectant for at least 10 minutes or the time stated on the label, whichever is shorter; and

          (5) Drain the basin, rinse with clean water and let the foot spa air dry.

     (Added to NAC by Bd. of Cosmetology by R064-15, eff. 12-21-2015)

     NAC 644.340  Disinfectants; 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) Disinfectants must be available for immediate use at all times.

     (b) All instruments, implements and other nonporous tools must be cleaned and disinfected in the following manner before each 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;

               (III) Thoroughly dried; and

               (IV) Placed in a covered wet disinfector which is large enough for complete immersion of the instrument, implement or other tool, and which contains a disinfectant other than alcohol which is prepared and used as instructed on the manufacturer’s label, including, without limitation, following safety precautions, requirements for dilution and contact time and requirements for proper disposal.

Ê Disinfectant solutions must be legibly labeled with the name of the disinfectant and the dilution of the disinfectant. Disinfectant solutions must be made daily and disposed of at the end of the day or immediately if visible debris is present. If concentrated disinfectants must be diluted with water, measuring devices must be readily available and used to ensure an effective solution is made. A concentrated disinfectant not in the original container must be legibly labeled with the name of the disinfectant and use instructions if the original container with instructions is not available.

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

     (d) Any instrument, implement or other tool dropped on the floor or otherwise made unsanitary by use or other contamination 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). An original 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, makeup applicators, mascara applicators, pedicure slippers, sleeves and sanders for electric files, foam buffer blocks, cushioned nail files, paper, sandpaper, wooden spatulas, cotton pads, gauze pads and toe separators or any other items made with paper, wood, foam or any porous materials.

     [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; R064-15, 12-21-2015)

     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 used according to the manufacturer’s instructions.

     3.  After the instrument is disinfected, the instrument may be stored on a clean towel and covered with a clean towel or hung on a hook. An electrical instrument with a cord may not be placed in a cabinet with disinfected nonelectrical instruments.

     (Added to NAC by Bd. of Cosmetology by R029-02, eff. 7-19-2002; A by R064-15, 12-21-2015)

     NAC 644.343  Wax pots. (NRS 644.110, 644.120)

     1.  Wax pots must be kept covered and the exterior cleaned daily.

     2.  If debris is found in the wax pot or if the wax has been contaminated by contact with skin, unclean applicators or double-dipping, the wax pot must be emptied, the wax must be discarded and the pot must be disinfected.

     3.  Disposable spatulas and wooden sticks may be dipped into the wax only once and then must be discarded without using the other end.

     4.  Applicators may be dipped into the wax only once unless the wax is a single-service item and unused wax is discarded after each service.

     5.  Any surface touched by a used wax stick must be disinfected immediately after the service.

     (Added to NAC by Bd. of Cosmetology by R064-15, eff. 12-21-2015)

     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 single-use or disinfected 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 single-use or disinfected instrument 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 single-use 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. The sharpener must be cleaned and disinfected after 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.

     9.  Readily accessible safety data sheets for each product used in the cosmetological establishment containing hazardous substances must be available to all licensees within the establishment at all times.

     [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; R064-15, 12-21-2015)

     NAC 644.347  Hot steamed towels. (NRS 644.110, 644.120)  A cosmetological establishment using hot steamed towels in services must:

     1.  Wash the towels with detergent and bleach and dry the towels on the “hot” setting.

     2.  Ensure that any person who prepares towels for the warmers first washes his or her hands or wears gloves.

     3.  Freshly prepare wet towels used in services each day and remove and launder unused wet towels at the end of each day.

     4.  Disinfect the towel warmers daily.

     (Added to NAC by Bd. of Cosmetology by R064-15, eff. 12-21-2015)

     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 or her hands with liquid soap before and after serving each client and after each use of the restroom. Hand sanitizer must be made available at each station for use by the client. The use of hand sanitizer or gloves is not an acceptable substitute for hand washing for a licensee.

     [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; R064-15, 12-21-2015)

     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.

     4.  Infections, communicable diseases and infestations of animal parasites which may be transmitted during the practice of cosmetology include, without limitation:

     (a) Cold, influenza or other respiratory illness accompanied by a fever until 24 hours after the fever subsides.

     (b) Streptococcal pharyngitis, commonly known as “strep throat,” until both 24 hours after treatment has started and 24 hours after the fever subsides.

     (c) Purulent conjunctivitis, commonly known as “pink eye,” until examined by a physician and approved for return to work.

     (d) Varicella, commonly known as “chicken pox,” until the lesions have dried and crusted.

     (e) Mumps, until 9 days after the onset of parotid gland swelling.

     (f) Tuberculosis, until examined by a physician and declared noninfectious.

     (g) Impetigo, until 24 hours after treatment has begun.

     (h) Pediculosis, commonly known as “head lice,” until the morning after the first treatment is received.

     (i) Scabies, until after treatment has been completed.

Ê Blood-borne diseases, such as hepatitis B, human immunodeficiency virus and acquired immune deficiency syndrome, are not considered infectious or communicable diseases for the purposes of this section.

     [Bd. of Cosmetology, No. 14.12 subsec. 2, eff. 12-3-80] — (NAC A 10-16-87; 5-15-92; R064-15, 12-21-2015)

     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 perform any service upon a surface of the skin or scalp of a client where such skin is inflamed or where a skin infection or eruption is present.

     2.  Licensees shall not perform 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; R064-15, 12-21-2015)

     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 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; R064-15, 12-21-2015)

     NAC 644.370  Wigs and hairpieces. (NRS 644.110, 644.120)  Wigs and hairpieces must be cleaned with a disinfecting 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; R064-15, 12-21-2015)

     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 644.373  Prohibited devices: Removal from premises; punishment. (NRS 644.110, 644.120)

     1.  Except for designated retail sales areas for the sale of products to the public, a licensed cosmetological establishment shall not have the following devices within the licensed areas of the cosmetological establishment:

     (a) Skin cutting equipment, including razor-type callus shavers, credo blades, rasps or graters and other implements which are used to remove corns or calluses by cutting below the skin surface;

     (b) Methyl methacrylate liquid monomers, also known as MMA, and fumigants, formalin tablets or formalin liquids; or

     (c) Any device that allows a licensee to perform a service outside of the scope of services of a person licensed, certified or registered pursuant to this chapter or chapter 644 of NRS.

     2.  If any device described in subsection 1 is found in a cosmetological establishment upon inspection by the staff of the Board, the device must be removed:

     (a) Immediately from the premises if the device is not permanently mounted and is small enough to fit within the vehicle of the licensee; or

     (b) Within 48 hours from the premises if the device must be uninstalled or is too large to fit in the vehicle of the licensee.

     3.  If a device described in subsection 1 is found in a cosmetological establishment, the owner of the cosmetological establishment is subject to punishment in accordance with NAC 644.700.

     (Added to NAC by Bd. of Cosmetology by R064-15, eff. 12-21-2015)

     NAC 644.374  Place of practice: Practice by holder of limited license; services offered; use of appointment book or system. (NRS 644.110, 644.315)

     1.  Except as otherwise provided in this section, a person who holds a limited license issued pursuant to NRS 644.315 shall not engage in the practice of cosmetology unless the services are performed in a licensed cosmetological establishment.

     2.  A person who holds a limited license issued pursuant to NRS 644.315 may:

     (a) Practice cosmetology only at:

          (1) A resort hotel;

          (2) A location at which a wedding is being officiated;

          (3) A private home;

          (4) A convention center;

          (5) A fair;

          (6) A festival; or

          (7) A commercial, public or private building.

     (b) Offer only the following services:

          (1) Techniques which result in tension on hair strands such as twisting, wrapping, weaving, extending, locking or braiding of the hair by hand and which do not include the application of dyes, reactive chemicals or other preparations to alter the color or to straighten, curl or alter the structure of the hair;

          (2) The nonpermanent manipulation of the hair, such as styling, wrapping, arranging, braiding, twisting, weaving, extending, fusing, dressing, curling, setting or straightening;

          (3) The application of cosmetic products and hair-arranging services which:

               (I) Do not include shampooing, haircutting, hair coloring, permanent waving of the hair, hair relaxing or the removal of hair; and

               (II) Are provided using either disposable hair-arranging implements or a wet or dry disinfecting system approved by the United States Environmental Protection Agency;

          (4) Application of makeup to the skin;

          (5) Application of false eyelashes; or

          (6) Removal of existing nail polish from and application of nail polish to the nails.

     3.  A person who engages in the practice of cosmetology pursuant to subsection 2 shall record the name of the client and the address at which services are performed in an appointment book or system which must remain at the cosmetological establishment or permanent place of business and be made available upon request to any investigator or inspector of the Board.

     4.  Nothing in this section shall be construed to prohibit a person who holds a limited license issued pursuant to NRS 644.315 from engaging in the practice of cosmetology within the scope of their valid license to practice cosmetology within a licensed cosmetological establishment.

     (Added to NAC by Bd. of Cosmetology by R064-15, eff. 12-21-2015)

     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, a person so licensed may practice elsewhere as the circumstances warrant if the licensee notifies and receives approval from the Board before engaging 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 or she 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 or her 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; R064-15, 12-21-2015)

     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, and, in a contested case, the provisions of chapter 622A of NRS, 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; R106-12, 10-24-2014)

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 644.445  Filing. (NRS 644.110)  The original 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 or who desires a copy.

     [Bd. of Cosmetology, No. 7.1, eff. 12-3-80] — (NAC A by R106-12, 10-24-2014)

     NAC 644.450  Service of process. (NRS 644.110)

     1.  Except as otherwise provided in subsection 3, every notice, decision, advisory opinion, declaratory order or other document to be served by the Board will be served by mail or delivery in person at the last known address of the person on record with the Board. 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.

     3.  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 or her attorney and such service is, for all purposes, valid service upon the party represented.

     [Bd. of Cosmetology, No. 7.2, eff. 12-3-80] — (NAC A by R106-12, 10-24-2014)

     NAC 644.455  Proof of service. (NRS 644.110)  The Board will include with all documents which it serves 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] — (NAC A by R106-12, 10-24-2014)

Complaints

     NAC 644.460  General requirements. (NRS 644.110)

     1.  A complaint may be filed by any person, including, without limitation, another licensee, the Executive Director, the Board or any of the Board’s members, staff or investigators and must allege one or more of the grounds for disciplinary action set forth in NRS 644.430.

     2.  Except as otherwise provided in subsection 5:

     (a) Each complaint must contain a statement of facts showing that a provision of this chapter or chapter 644 of NRS has been violated;

     (b) Each complaint must be sufficiently detailed to enable the respondent to prepare a defense; and

     (c) 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 filed with the Board, at the office of the Board, on a form prescribed by the Board and, except as otherwise provided in subsection 5, must be signed and verified by the complainant.

     5.  The Board may accept written anonymous complaints. If the Executive Director or his or her designee determines that an anonymous complaint filed with the Board contains sufficient information that indicates a violation of this chapter or chapter 644 of NRS has likely occurred, the complaint will be investigated pursuant to subsection 2 of NAC 644.470.

     [Bd. of Cosmetology, Nos. 5.5 & 5.6, eff. 12-3-80] — (NAC A by R092-06, 9-18-2006; R106-12, 10-24-2014)

     NAC 644.470  Complaint: Review by Executive Director or designee; investigation; administrative hearing; notice of determination. (NRS 644.110)

     1.  Upon the receipt of a complaint submitted pursuant to subsection 4 of NAC 644.460, the Executive Director or his or her designee shall review the complaint to determine whether the matter is proper for administrative review and whether the complaint alleges sufficient information to warrant an investigation.

     2.  If the Executive Director or his or her designee determines pursuant to subsection 1 of this section or subsection 5 of NAC 644.460 that a complaint should be investigated, the Executive Director or his or her designee shall assign the complaint to a staff investigator for a report on the allegations of the complaint. The Executive Director or his or her designee shall provide written notice of the complaint to the licensee identified in the complaint unless the Executive Director or his or her designee determines that such notice will impede or otherwise interfere with the investigation. The investigator shall investigate the complaint and report his or her findings, including, without limitation, whether the investigator recommends that the Board commence an administrative hearing on the complaint, to the Executive Director or his or her designee 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 or his or her designee shall determine whether there are sufficient facts to warrant an administrative hearing.

     4.  If the Executive Director or his or her designee determines that there are sufficient facts to warrant an administrative hearing, he or she shall notify the Board to set the matter for an administrative hearing.

     5.  If the Executive Director or his or her designee determines that there are not sufficient facts to warrant an administrative hearing, the complaint will be dismissed without further action.

     6.  The Executive Director or his or her designee shall notify the licensee identified in the complaint of the decision whether the Board has set the matter for an administrative hearing or whether the complaint is dismissed.

     [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; R106-12, 10-24-2014)

Hearings

     NAC 644.485  Petition to appear before the Board. (NRS 644.110)  A person may petition to appear and be heard on any matter within the jurisdiction of the Board, as follows:

     1.  The petitioner must submit the petition to the Board in writing on a form prescribed by 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 his or her designee or any member of the Board may make an initial evaluation to determine whether the subject of the petition is within the jurisdiction of the Board.

     4.  If the Executive Director, his or her designee or a member of the Board determines that the petition submitted pursuant to subsection 1 presents grounds for a disciplinary action involving a fine, the revocation or suspension of a license, or the probation of a licensee, the Executive Director will deny the petition and instruct the petitioner to file a formal complaint. The Executive Director shall notify the petitioner of the requirements for making the complaint.

     5.  If the Executive Director, his or her designee or a member of the Board determines 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; R106-12, 10-24-2014)

     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 644.520  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 644.550  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 on a form prescribed by the Board.

     [Bd. of Cosmetology, Nos. 11.1 & 11.2, eff. 12-3-80] — (NAC A by R106-12, 10-24-2014)

     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.  At a meeting at which a petition has been placed on the agenda for discussion, the Board will consider any information relevant to the petition, including, without limitation:

     (a) Oral or written testimony; and

     (b) Any other evidence.

     4.  After consideration of the information relevant to the petition, the Board will grant or deny the petition.

     5.  If the Board denies the petition, no further action will be taken.

     [Bd. of Cosmetology, No. 11.3, eff. 12-3-80; A 10-15-81] — (NAC A by R099-97, 2-25-98; R106-12, 10-24-2014)

     NAC 644.565  Draft of declaratory order or advisory opinion by member of Board; notice to petitioner. (NRS 233B.120, 644.110)

     1.  If the Board grants a petition pursuant to subsection 4 of NAC 644.560, the Board will issue a declaratory order or advisory opinion. The President or other presiding officer shall assign one member of the Board to write the declaratory order or advisory 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 or her draft of the declaratory order or advisory opinion, the assigned member shall submit it to the Board for final approval at the next regularly scheduled meeting of the Board. The declaratory order or advisory opinion must be approved by a majority of the members of the Board who are present at the meeting.

     2.  After the Board renders its declaratory order or advisory opinion, the Board will give notice of it to the petitioner.

     [Bd. of Cosmetology, No. 11.4, eff. 12-3-80] — (NAC A by R106-12, 10-24-2014)

     NAC 644.575  Compliance with declaratory order or advisory opinion required. (NRS 644.110)  A petitioner shall comply with the provisions of a declaratory order or advisory opinion issued by the Board.

     [Bd. of Cosmetology, No. 11.6, eff. 12-3-80] — (NAC A by R106-12, 10-24-2014)

Petitions for Adoption, Amendment or Repeal of Regulations

     NAC 644.580  Petition for adoption, filing or repeal of regulation; format; decision by Board. (NRS 233B.100, 644.110)

     1.  Pursuant to NRS 233B.100, any interested person may petition the Board for the adoption, filing, amendment or repeal of any regulation.

     2.  A petition for the adoption, filing, amendment or repeal of a regulation must be in writing on a form prescribed by the Board and must include:

     (a) The name and address of the petitioner;

     (b) The reason for petitioning for the adoption, filing, amendment or repeal of the regulation;

     (c) The proposed language of the regulation to be adopted, filed, amended or repealed;

     (d) The statutory authority for the adoption, filing, amendment or repeal of the regulation; and

     (e) Any relevant data, views and arguments that support the petition for the adoption, filing, amendment or repeal of the regulation.

     3.  The Board may refuse to act upon a petition for the adoption, filing, amendment or repeal of a regulation if the petition does not include the information required by subsection 2.

     4.  The Board will notify the petitioner in writing of the Board’s decision regarding the petition within 30 days after the date on which the petitioner filed the petition. If the Board approves the petition for the adoption, filing, amendment or repeal of a regulation, the Board will initiate regulation-making proceedings concerning that regulation within 30 days after the date on which the petitioner filed the petition.

     [Bd. of Cosmetology, No. 12, eff. 12-3-80; A 10-15-81] — (NAC A by R092-06, 9-18-2006; R106-12, 10-24-2014)

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, “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; A by R064-15, 12-21-2015)

     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; and

     5.  Copies of letters of compliance from the city, county and state agencies governing applicable plumbing, electrical and fire codes.

     (Added to NAC by Bd. of Cosmetology, eff. 7-18-88; A by R064-15, 12-21-2015)

     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, if applicable, 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 front interior wall 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; R064-15, 12-21-2015)

     NAC 644.645  Supply of water. (NRS 644.110)

     1.  Each mobile cosmetological establishment must have:

     (a) A holding tank which holds at least 100 gallons of self-contained fresh water and which is permanently and distinctly labeled for such use;

     (b) A holding tank which holds at least 100 gallons of self-contained gray water and which is permanently and distinctly labeled for such use; and

     (c) Holding tanks which provide hot water continually and on demand with a combined capacity of at least 6 gallons.

     2.  The holding tanks described in paragraphs (a) and (b) of subsection 1 must contain gauges that indicate the levels in the tanks and reserve capabilities. If an establishment’s portable water supply is depleted, operation must cease until the supply is replenished.

     (Added to NAC by Bd. of Cosmetology, eff. 7-18-88; A by R106-12, 10-24-2014)

     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 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) Able to maintain an inside temperature of at least 70 degrees Fahrenheit.

     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; A by R064-15, 12-21-2015)

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

1,000

Allowing a licensee to work with an expired license (per person)...

                 200

500

1,000

Failure to display license in place of business..................................

                 200

500

1,000

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

1,000

Operating an establishment with an animal on the premises...........

                 200

500

1,000

Refusal to allow staff of the Board to inspect any licensed space..

              1,000

2,000

5,000

 

 

 

 

COSMETOLOGIST OR OTHER LICENSED OR REGISTERED NATURAL PERSON

Practicing with an expired license or registration............................

                 200

500

1,000

Failure to display license or registration at a work station...............

                 200

500

1,000

Failure to practice in a cosmetological establishment, unless the person holds a limited license to do so.......................................

                 500

1,000

2,000

Failure to comply with NAC 644.368.............................................

                 200

500

1,000

Using advertisements which contain knowingly false or deceptive statements or otherwise engaging in acts described in subsection 2 or 3 of NAC 644.711.............................................

                 100

200

500

 

 

 

 

APPRENTICE

 

 

 

Failure to display a certificate of registration in plain view.............

                 100

500

1,000

Failure to wear a badge while working............................................

                 100

500

1,000

Working on the public without a supervising cosmetologist, hair designer, aesthetician, nail technologist or electrologist, as appropriate, present.....................................................................

                 500

1,000

2,000

 

 

 

 

SUPERVISOR OF AN APPRENTICE

 

 

 

Allowing an apprentice to work if his or her certificate of registration is not displayed in plain view...................................

                 100

500

1,000

Allowing an apprentice to work if the apprentice is not wearing his or her badge...........................................................................

                 100

500

1,000

Allowing an apprentice to work on the public without being present to supervise the apprentice.............................................

                 500

1,000

2,000

Failure to comply with NAC 644.169.............................................

                 500

1,000

 

 

 

 

 

SUPERVISOR OF AN ELECTROLOGIST’S APPRENTICE

Failure to comply with NAC 644.267............................................. ....................................................................................................

                 500

1,000

 

 

 

 

 

MAKEUP ARTIST

 

 

 

Failure to meet a requirement to engage in the practice of makeup artistry in this State.....................................................................

                 200

500

1,000

 

 

 

 

SCHOOL OF COSMETOLOGY

 

 

 

Failure to comply with NRS 644.395, subsection 1 of NRS 644.400, paragraph (b) of subsection 2 of NRS 644.400 or NAC 644.085..............................................................................

                 200

500

1,000

 

 

 

 

ANY PERSON

 

 

 

Practicing without a license or certificate........................................

              1,000

1,500

2,000

Copying or altering a license or certificate for purposes of fraud, deception, misrepresentation or other illegal purpose.................

                 200

500

1,000

Using a copied or altered license or certificate for purposes of fraud, deception, misrepresentation or other illegal purpose......

              1,000

2,000

5,000

 

     2.  A licensee who violates a provision of NAC 644.307 to 644.355, inclusive, will be fined $100 for each violation unless, in the judgment of the Executive Director, the violation warrants a disciplinary hearing before the Board.

     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; R106-12, 10-24-2014; R064-15, 12-21-2015)

     NAC 644.705  Acts constituting gross malpractice. (NRS 644.110, 644.430)  For the purposes of NRS 644.430:

     1.  A violation of any provision of NRS 644.470 or NAC 644.340, 644.350, 644.360 to 644.368, inclusive, or 644.372; or

     2.  Malpractice where the failure to exercise the requisite degree of care, skill or knowledge amounts to:

     (a) A conscious indifference to the consequences which may result from the malpractice; and

     (b) A disregard for and indifference to the safety and welfare of the client,

Ê constitutes gross malpractice.

     [Bd. of Cosmetology, No. 14.7, eff. 12-3-80] — (NAC A by R030-08, 9-18-2008; R106-12, 10-24-2014)

     NAC 644.711  Grounds for disciplinary action. (NRS 644.110, 644.430)  A licensee is subject to disciplinary action if the licensee:

     1.  Engages in unfair or unjust practices, methods or dealings, including, without limitation:

     (a) Copying or altering a license for the purposes of fraud, deception, misrepresentation or other illegal purpose in violation of NRS 644.476.

     (b) Using a license that has been copied or altered for the purposes of fraud, deception, misrepresentation or other illegal purpose.

     (c) Misrepresenting his or her qualifications to the public.

     (d) Performing or offering to perform the functions of a licensee under a false or assumed name or social security number.

     (e) Selling or offering to sell his or her license.

     (f) Failing to cooperate with an investigation conducted by the Board.

     (g) Failing to respond to communications from the Board.

     (h) Providing false information to the Board.

     2.  Uses advertisements which contain knowingly false or deceptive statements, including, without limitation, using the terms “expert,” “advanced” or “medical” in connection with any description of a licensee’s practice in any branch of cosmetology or otherwise holding the licensee out to the public as an expert, advanced or medical practitioner of any branch of cosmetology.

     (Added to NAC by Bd. of Cosmetology by R030-08, eff. 9-18-2008; A by R106-12, 10-24-2014; R064-15, 12-21-2015)