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

CHAPTER 643 - BARBERS AND BARBERING

GENERAL PROVISIONS

NRS 643.010           Definitions.

NRS 643.019           Applicability of chapter.

STATE BARBERS’ HEALTH AND SANITATION BOARD

NRS 643.020           Creation; qualifications and removal of members.

NRS 643.030           Election of officers; compensation of officers, members and employees; duties of Secretary-Treasurer.

NRS 643.040           Meetings; quorum; seal; quarters.

NRS 643.050           Powers and duties.

NRS 643.055           Fiscal year.

NRS 643.060           Deposit and expenditure of money; fines.

BARBERS AND APPRENTICES

NRS 643.070           Qualifications for license as barber.

NRS 643.080           Qualifications for license as apprentice.

NRS 643.085           Qualifications of person licensed pursuant to chapter 644 of NRS.

NRS 643.090           Application for examination: Form; contents; fee; filing of certificate of physician.

NRS 643.095           Payment of child support: Submission of certain information by applicant; grounds for denial of license; duty of Board. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 643.095           Payment of child support: Submission of certain information by applicant; grounds for denial of license; duty of Board. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings and expires by limitation 2 years after that date.]

NRS 643.100           Examinations: Times and subjects.

NRS 643.105           Effect of failure to appear for examination; regulations.

NRS 643.110           Effect of failure to pass examination.

NRS 643.120           Admission of barber or apprentice licensed in another jurisdiction.

NRS 643.130           Issuance of licenses; temporary exemption from licensure for certain applicants.

NRS 643.140           Renewal of license; restoration of expired license; fees.

NRS 643.150           Licensee must display license; owner or manager of barbershop or barber school must display regulations of Board.

NRS 643.170           Notice and hearing; subpoenas; fees and mileage.

LICENSING OF BARBERSHOPS

NRS 643.171           License to operate barbershop required.

NRS 643.1711         Application for license; fee.

NRS 643.1712         License for existing barbershop.

NRS 643.1713         License for new barbershop: Inspection; issuance of temporary and regular licenses.

NRS 643.1714         Fees; renewal or restoration of license.

NRS 643.1715         Assignment or transfer of license prohibited.

NRS 643.1716         Compliance with provisions concerning sanitation and regulations of Board.

NRS 643.1717         Suspension or revocation of licenses.

BARBER SCHOOLS

NRS 643.172           Operation of barber school without license unlawful.

NRS 643.173           Application for license; fee.

NRS 643.174           Personal appearance of applicant before Board; required information.

NRS 643.175           Fees; renewal of license.

NRS 643.176           Regulations; continuing education.

NRS 643.177           Conditions for operation of barber school: Signs; number of instructors; restrictions; charge for barbering services.

NRS 643.1775         Qualifications for license as instructor.

NRS 643.179           Notice and hearing.

MISCELLANEOUS PROVISIONS

NRS 643.182           Board may require primary base of operation.

NRS 643.184           Authorized representative of Board may require certain persons to provide identification.

NRS 643.185           Grounds for disciplinary action; orders imposing discipline deemed public records.

NRS 643.188           Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 643.189           Confidentiality of certain records of Board; exceptions.

PROHIBITED PRACTICES; REMEDIES; PENALTIES

NRS 643.190           Unlawful acts concerning practice of barbering.

NRS 643.200           Unlawful acts concerning sanitation and operation of barbershop.

NRS 643.203           Unlawful to engage in practice of barbering unless wearing clean outer garments; regulations of Board.

NRS 643.205           Unlawful to instruct practice of barbering in barber school without license.

NRS 643.210           Penalties.

NRS 643.220           Additional penalties for person who engages in certain prohibited conduct; authority of Board to issue citations and orders to cease and desist; administrative fines; appeals.

NRS 643.230           Injunctions.

NRS 643.240           Actions and remedies cumulative and not exclusive.

_________

GENERAL PROVISIONS

      NRS 643.010  Definitions.  As used in this chapter, unless the context otherwise requires:

      1.  “Barber school” includes a school of barbering, college of barbering and any other place or institution of instruction training persons to engage in the practice of barbering.

      2.  “Barbershop” means any establishment or place of business where the practice of barbering is engaged in or carried on.

      3.  “Board” means the State Barbers’ Health and Sanitation Board.

      4.  “Instructor” means any person who is licensed by the Board pursuant to the provisions of this chapter to instruct the practice of barbering in a barber school.

      5.  “Licensed apprentice” means a person who is licensed to engage in the practice of barbering as an apprentice pursuant to the provisions of this chapter.

      6.  “Licensed barber” means a person who is licensed to engage in the practice of barbering pursuant to the provisions of this chapter.

      7.  “Practice of barbering” means any of the following practices for cosmetic purposes:

      (a) Shaving or trimming the beard, cutting or trimming the hair, or hair weaving.

      (b) Giving massages of the face or scalp or treatments with oils, creams, lotions or other preparations, by hand or mechanical appliances.

      (c) Singeing, shampooing or dyeing the hair, or applying hair tonics.

      (d) Applying cosmetic preparations, antiseptics, powders, oils or lotions to the scalp, face or neck.

      (e) Arranging, fitting, cutting, styling, cleaning, coloring or dyeing a hairpiece or wig, whether made of human hair or synthetic material. This does not restrict any establishment from setting or styling a hairpiece or wig in preparation for retail sale.

      8.  “Student” means a person receiving instruction in a barber school.

      [Part 2:131:1929; A 1937, 213; 1931 NCL § 761]—(NRS A 1959, 324; 1971, 50; 1987, 1389; 1999, 2577)

      NRS 643.019  Applicability of chapter.  This chapter does not apply to:

      1.  A person licensed pursuant to chapter 644 of NRS, unless the person has engaged in any act or practice which constitutes a violation of subsection 6 or 7 of NRS 643.190.

      2.  Embalmers or undertakers in cutting the hair or trimming the beard of any deceased person in preparation for burial or cremation.

      3.  A prisoner who cuts hair in the city or county jail, state prison, or other detention or correctional facility in which he or she is incarcerated.

      [3 1/2:131:1929; added 1937, 213; 1931 NCL § 761] + [Part 2:131:1929; A 1937, 213; 1931 NCL § 761] + [19:131:1929; NCL § 778]—(NRS A 1969, 1164; 1987, 730; 1999, 2577; 2005, 2636)

STATE BARBERS’ HEALTH AND SANITATION BOARD

      NRS 643.020  Creation; qualifications and removal of members.

      1.  The State Barbers’ Health and Sanitation Board, consisting of four members, is hereby created.

      2.  The Board consists of the Chief Medical Officer, or a member of his or her staff designated by the Chief Medical Officer, and three members who are licensed barbers appointed by the Governor. Of the barbers, one barber must be from Clark County, one barber must be from Washoe County and one barber must be from any county in the State. Each of the barbers must have been a resident of this State and a practicing licensed barber for at least 5 years immediately before his or her appointment.

      3.  The Governor may remove a member of the Board for cause.

      [Part 3:131:1929; A 1947, 731; 1943 NCL § 762]—(NRS A 1967, 801; 1981, 70; 1987, 903; 1999, 2577)

      NRS 643.030  Election of officers; compensation of officers, members and employees; duties of Secretary-Treasurer.

      1.  The Board shall elect a President. No person may serve as President for more than 4 consecutive years.

      2.  The Board shall elect a Vice President.

      3.  The Board shall elect a Secretary-Treasurer, who may or may not be a member of the Board. The Board shall fix the salary of the Secretary-Treasurer, which must not exceed the sum of $3,600 per year.

      4.  Each officer and member of the Board is entitled to receive:

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

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

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

      6.  The Secretary-Treasurer shall:

      (a) Keep a record of all proceedings of the Board.

      (b) Give to this State a bond in the sum of $3,000, with sufficient sureties, for the faithful performance of his or her duties. The bond must be approved by the Board.

      [Part 4:131:1929; A 1931, 349; 1939, 307; 1947, 731; 1953, 317] + [Part 3:131:1929; A 1947, 731; 1943 NCL § 762] + [Part 17a:131:1929; added 1931, 349; 1931 NCL § 776.01]—(NRS A 1957, 734; 1963, 159; 1975, 306; 1979, 92; 1981, 1995; 1989, 1704; 1999, 2578; 2007, 2956)

      NRS 643.040  Meetings; quorum; seal; quarters.

      1.  Regular meetings of the Board shall be held every 3 months.

      2.  A majority of the Board in meeting duly assembled may perform and exercise all the duties and powers devolving upon the Board.

      3.  The Board shall adopt and use a common seal for the authentication of its orders and records.

      4.  The Board shall be furnished with suitable quarters.

      [Part 4:131:1929; A 1931, 349; 1939, 307; 1947, 731; 1953, 317] + [Part 17a:131:1929; added 1931, 349; 1931 NCL § 776.01]

      NRS 643.050  Powers and duties.

      1.  The Board may:

      (a) Maintain offices in as many locations in this State as it finds necessary to carry out the provisions of this chapter.

      (b) Employ attorneys, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties.

      (c) Adopt regulations necessary to carry out the provisions of this chapter.

      2.  The Board shall prescribe, by regulation, sanitary requirements for barbershops and barber schools.

      3.  Any member of the Board or its agents or assistants may enter and inspect any barbershop or barber school at any time during business hours or at any time when the practice of barbering or instruction in that practice is being carried on.

      4.  The Board shall keep a record of its proceedings relating to the issuance, refusal, renewal, suspension and revocation of licenses. The record must contain the name, place of business and residence of each licensed barber, licensed apprentice and instructor, and the date and number of the license. The record must be open to public inspection at all reasonable times.

      5.  The Board may approve and, by official order, establish the days and hours when barbershops may remain open for business whenever agreements fixing such opening and closing hours have been signed and submitted to the Board by any organized and representative group of licensed barbers of at least 70 percent of the licensed barbers of any county. The Board may investigate the reasonableness and propriety of the hours fixed by such an agreement, as is conferred by the provisions of this chapter, and the Board may fix hours for any portion of a county.

      6.  The Board may adopt regulations governing the conduct of barber schools and the course of study of barber schools.

      [Part 4:131:1929; A 1931, 349; 1939, 307; 1947, 731; 1953, 317] + [Part 17b:131:1929; added 1931, 349; 1931 NCL § 776.02]—(NRS A 1957, 734; 1959, 325; 1963, 159; 1999, 2578)

      NRS 643.055  Fiscal year.  The Board shall operate on the basis of a fiscal year commencing on July 1 and terminating on June 30.

      (Added to NRS by 1963, 159)

      NRS 643.060  Deposit and expenditure of money; fines.

      1.  Except as otherwise provided in subsection 3, money received by the Board under this chapter must be paid to the Secretary-Treasurer of the Board, who shall deposit the money in banks, credit unions or savings and loan associations in the State of Nevada and give a receipt for it.

      2.  The money must be expended in accordance with the provisions of this chapter for all necessary and proper expenses in carrying out the provisions of this chapter and upon proper claims approved by the Board.

      3.  The Board shall deposit the money collected from the imposition of fines with the State Treasurer for credit to the State General Fund, and may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is needed to pay an attorney’s fees or the costs of an investigation, or both.

      [16:131:1929; A 1931, 349; 1931 NCL § 775]—(NRS A 1963, 160; 1965, 62; 1987, 1615; 1999, 1537)

BARBERS AND APPRENTICES

      NRS 643.070  Qualifications for license as barber.  Any person is qualified to receive a license as a barber:

      1.  Who is qualified under the provisions of NRS 643.085.

      2.  Who is at least 18 years of age.

      3.  Who is of good moral character and temperate habits.

      4.  Who has:

      (a) Practiced as a licensed apprentice for a period of 18 months under the immediate personal supervision of a licensed barber; or

      (b) Complied with the requirements of NRS 643.085.

      5.  Who has passed an examination conducted by the Board to determine his or her fitness to practice as a licensed barber.

      6.  Who has had a chest X-ray, the results of which indicate he or she is not tuberculous, and a blood test, the results of which indicate he or she is not a carrier of communicable diseases.

      [Part 5:131:1929; A 1931, 349; 1931 NCL § 764]—(NRS A 1957, 735; 1959, 325; 1987, 905; 1999, 2579)

      NRS 643.080  Qualifications for license as apprentice.  Any person is qualified to receive a license as an apprentice:

      1.  Who is at least 16 1/2 years of age.

      2.  Who is of good moral character and temperate habits.

      3.  Who has graduated from a school of barbering approved by the Board.

      4.  Who has passed an examination conducted by the Board to determine his or her fitness to practice as a licensed apprentice.

      5.  Who has had a chest X-ray, the results of which indicate he or she is not tuberculous, and a blood test, the results of which indicate he or she is not a carrier of communicable diseases.

      [Part 6:131:1929; A 1931, 349; 1947, 731; 1943 NCL § 765]—(NRS A 1957, 735; 1959, 326; 1999, 2579)

      NRS 643.085  Qualifications of person licensed pursuant to chapter 644 of NRS.  A person who:

      1.  Is licensed pursuant to the provisions of chapter 644 of NRS; and

      2.  Has completed 400 hours of specialized training at a barber school approved by the Board,

Ę may take the examination for a license as a barber without being licensed as an apprentice.

      (Added to NRS by 1987, 905; A 1999, 2579)

      NRS 643.090  Application for examination: Form; contents; fee; filing of certificate of physician.

      1.  Each applicant for a license as a barber or an apprentice must file an application verified by him or her for an examination before the Board.

      2.  The application must be in a form prescribed by the Board.

      3.  Each application must be accompanied by the fees prescribed by subsection 4.

      4.  The Board shall annually fix the examination fees, which must not be more than $100.

      5.  Each applicant must, at the time of filing the application, file a certificate signed by a licensed physician certifying that the applicant is free from tuberculosis and other communicable diseases.

      6.  Each applicant must submit all information required to complete the application.

      [Part 4:131:1929; A 1931, 349; 1939, 307; 1947, 731; 1953, 317] + [Part 5:131:1929; A 1931, 349; 1931 NCL § 764]—(NRS A 1957, 735; 1969, 708; 1991, 2195; 1997, 2160; 1999, 2580; 2005, 2769, 2807)

      NRS 643.095  Payment of child support: Submission of certain information by applicant; grounds for denial of license; duty of Board. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

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

      (a) An applicant for the issuance of a license as a barber, an apprentice or an instructor shall include the social security number of the applicant in the application submitted to the Board.

      (b) An applicant for the issuance or renewal of a license as a barber, an apprentice or an instructor must submit to the Board the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the Board.

      3.  A license as a barber, an apprentice or an instructor may not be issued or renewed by the Board if the applicant:

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

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

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

      (Added to NRS by 1997, 2159; A 1999, 2580; 2005, 2769, 2807, 2809)

      NRS 643.095  Payment of child support: Submission of certain information by applicant; grounds for denial of license; duty of Board. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings and expires by limitation 2 years after that date.]

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

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

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

      (b) A separate form prescribed by the Board.

      3.  A license as a barber, an apprentice or an instructor may not be issued or renewed by the Board if the applicant:

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

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

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

      (Added to NRS by 1997, 2159; A 1999, 2580; 2005, 2769, 2770, 2807, 2809, effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)

      NRS 643.100  Examinations: Times and subjects.

      1.  Not less than three times each year, at such times and places as it determines, the Board shall conduct examinations to determine the fitness of each of the following:

      (a) Applicants for licenses as barbers.

      (b) Applicants for licenses as apprentices.

      (c) Applicants to enter barber schools.

      2.  The examination of applicants for licenses as barbers and apprentices must include a practical demonstration and a written and oral test that must include the subjects usually taught in barber schools approved by the Board.

      [Part 6:131:1929; A 1931, 349; 1947, 731; 1943 NCL § 765]—(NRS A 1999, 2580)

      NRS 643.105  Effect of failure to appear for examination; regulations.

      1.  An applicant for a license pursuant to the provisions of this chapter who, without good cause, fails to appear for an examination of the Board after notification by the Board of eligibility to take the examination:

      (a) Is not entitled to receive a refund of the fee for that examination; and

      (b) Must reapply to take the examination by filing a new application and paying the fee for the examination.

      2.  The Board shall, by regulation, define “good cause” for the purposes of this section.

      (Added to NRS by 1999, 2576)

      NRS 643.110  Effect of failure to pass examination.

      1.  Except as otherwise provided in subsection 2, an applicant for a license as a barber who fails to pass the examination conducted by the Board must continue to practice as a licensed apprentice for an additional 3 months before he or she may retake the examination for a license as a barber.

      2.  An applicant for a license as a barber who is a cosmetologist licensed pursuant to the provisions of chapter 644 of NRS and who fails to pass the examination conducted by the Board must complete further study as prescribed by the Board, not exceeding 250 hours, in a barber school approved by the Board before he or she may retake the examination for a license as a barber.

      3.  An applicant for a license as an apprentice who fails to pass the examination provided for in NRS 643.080 must complete further study as prescribed by the Board in a barber school approved by the Board before he or she may retake the examination for a license as an apprentice.

      4.  An applicant for a license as an instructor who fails to pass the examination provided for in NRS 643.1775 must complete further study prescribed by the Board, not to exceed 250 hours, in a barber school approved by the Board before he or she may retake the examination for a license as an instructor.

      [Part 5:131:1929; A 1931, 349; 1931 NCL § 764] + [Part 6:131:1929; A 1931, 349; 1947, 731; 1943 NCL § 765]—(NRS A 1959, 326; 1987, 905; 1999, 2581)

      NRS 643.120  Admission of barber or apprentice licensed in another jurisdiction.  Except as otherwise provided in NRS 643.130, any person who has a license or certificate as a barber or an apprentice from another state, the District of Columbia or a country which has substantially the same requirements for licensing barbers and apprentices as are required by the provisions of this chapter must be admitted to practice as a licensed barber or apprentice pursuant to the regulations adopted by the Board.

      [Part 8:131:1929; NCL § 767]—(NRS A 1999, 2581; 2005, 2637)

      NRS 643.130  Issuance of licenses; temporary exemption from licensure for certain applicants.

      1.  A license as a barber or an apprentice must be issued by the Board to any applicant who:

      (a) Passes an examination as provided for in NRS 643.070 and 643.080;

      (b) Possesses the other qualifications required by the provisions of this chapter;

      (c) Complies with the requirements set forth in the regulations of the Board; and

      (d) Submits all information required to complete an application for a license.

      2.  A person who has a license or certificate as a barber from another state or the District of Columbia, who has applied for an examination before the Board and who meets the qualifications set forth in NRS 643.070, except subsection 5 thereof, is temporarily exempt from licensure and may engage in the practice of barbering during the period of the temporary exemption if:

      (a) The person has submitted a completed application for licensure for the first time and the application has been approved by the Board;

      (b) The Board has approved the person to sit for the examination required pursuant to NRS 643.100;

      (c) The person has not previously failed an examination for licensure as a barber;

      (d) The person engages in the practice of barbering under the supervision of a barber licensed pursuant to this chapter and in accordance with the provisions of this chapter and the regulations of the Board; and

      (e) The person complies with any other requirements of the Board to engage in the practice of barbering during the period of the temporary exemption.

      3.  The temporary exemption authorized pursuant to subsection 2 begins on the date on which the Board notifies the person that he or she may engage in the practice of barbering under the temporary exemption and continues until the date of the examination if the person does not take the examination or until the date on which the Board notifies the person of the results of the examination. During the period of the temporary exemption, the person is subject to the regulatory and disciplinary authority of the Board to the same extent as a licensed barber.

      [Part 4:131:1929; A 1931, 349; 1939, 307; 1947, 731; 1953, 317] + [7:131:1929; NCL § 766]—(NRS A 1959, 326; 1997, 2160; 1999, 2581; 2005, 2637, 2771, 2807)

      NRS 643.140  Renewal of license; restoration of expired license; fees.

      1.  Each licensed barber and each licensed apprentice who continues in active practice or service shall biennially, on or before April 1 of each even-numbered year, renew the license and pay the required fee. The Board shall fix the fee for renewal of a license, which must not be more than $60. All information required to complete the renewal must be submitted with the fee. Every license which has not been renewed before May 1 of an even-numbered year expires on that date.

      2.  A licensed barber or a licensed apprentice whose license has expired may have the license restored immediately upon payment of the required restoration fee and submission of all required information at any time within 2 years after the expiration of the license. The Board shall fix the restoration fee, which must not be more than $120.

      [Part 4:131:1929; A 1931, 349; 1939, 307; 1947, 731; 1953, 317] + [11:131:1929; A 1953, 317]—(NRS A 1957, 736; 1959, 326; 1965, 63; 1979, 92; 1983, 674; 1991, 2196; 1997, 2161; 1999, 2582; 2005, 2771, 2807)

      NRS 643.150  Licensee must display license; owner or manager of barbershop or barber school must display regulations of Board.

      1.  Each licensed barber and licensed apprentice shall display the license in a conspicuous place adjacent to or near his or her work chair.

      2.  A copy of the regulations adopted by the Board must be:

      (a) Provided to the owner or manager of each barbershop or barber school; and

      (b) Displayed in a conspicuous place in the barbershop or barber school.

      [Part 8:131:1929; NCL § 767] + [10:131:1929; NCL § 769]—(NRS A 1999, 2582)

      NRS 643.170  Notice and hearing; subpoenas; fees and mileage.

      1.  The Board shall not refuse to issue or renew any license, unless:

      (a) Before taking that action the Board gives written notice thereof to the accused stating the specific reason for its adverse action; and

      (b) The accused is granted the opportunity to appear before the Board for a hearing within 20 days after the date of the notice.

      2.  The Board may:

      (a) Summon witnesses.

      (b) Require the production of books, records and papers for the hearing.

      3.  Subpoenas must be issued by the Secretary-Treasurer of the Board directed to the sheriff of the proper county to be served and returned in the same manner as subpoenas in criminal cases. The fees and mileage of the sheriff and witnesses must be the same as is allowed in criminal cases and must be paid from the money of the Board as other expenses of the Board are paid.

      4.  If the accused prevails at the hearing, the Board shall grant him or her the proper relief without delay.

      5.  Any investigation, inquiry or hearing thus authorized may be entertained or held by or before a member or members of the Board, and the finding or order of the member or members, when approved and confirmed by the Board, shall be deemed the finding or order of the Board.

      [14:131:1929; A 1931, 349; 1953, 317]—(NRS A 1981, 102; 1987, 1616; 1999, 2582; 2005, 799)

LICENSING OF BARBERSHOPS

      NRS 643.171  License to operate barbershop required.  No person may operate a barbershop unless the Board has issued a license to operate a barbershop to that person.

      (Added to NRS by 1967, 800; A 1999, 2583)

      NRS 643.1711  Application for license; fee.  An applicant for a license to operate a barbershop shall file an application with the Board on forms prescribed by the Board accompanied by the fee specified in NRS 643.1714.

      (Added to NRS by 1967, 800)

      NRS 643.1712  License for existing barbershop.  The Board shall issue a license to operate an existing barbershop upon receipt of such application and fee if the applicant complies with the applicable provisions of this chapter.

      (Added to NRS by 1967, 800)

      NRS 643.1713  License for new barbershop: Inspection; issuance of temporary and regular licenses.

      1.  An applicant for a license to operate a new barbershop shall submit an application and an inspection fee to the Secretary of the Board.

      2.  A member of the Board shall then, within 6 days, inspect such shop and issue a temporary license to the applicant which is valid for 20 days if such applicant complies with the applicable provisions of this chapter and the regulations adopted by the Board.

      3.  The Board shall issue a regular license to the applicant before the expiration of such 20-day period.

      (Added to NRS by 1967, 800)

      NRS 643.1714  Fees; renewal or restoration of license.

      1.  The Board shall establish the fee for an inspection, which must not be more than $50. The fee for a license to operate a barbershop or for the renewal of the license must not be more than $50.

      2.  Each license to operate a barbershop must be renewed biennially, during April of each odd-numbered year. Each licensee shall pay the biennial fee for registration which must be prorated for the period from the date the license is issued to the end of the biennium. Each such license which has not been renewed in April of an odd-numbered year expires on May 1 of that year. An expired license may be restored upon payment of:

      (a) The license fee; and

      (b) A restoration fee established by the Board, which must not be more than $50.

      (Added to NRS by 1967, 800; A 1979, 93; 1991, 2196)

      NRS 643.1715  Assignment or transfer of license prohibited.  A license to operate a barbershop may not be:

      1.  Assigned from one person to any other person; or

      2.  Transferred from one location to another.

      (Added to NRS by 1967, 800; A 1999, 2583)

      NRS 643.1716  Compliance with provisions concerning sanitation and regulations of Board.  A person may not operate any barbershop unless he or she complies with all the applicable requirements of NRS 643.200 and the regulations adopted by the Board.

      (Added to NRS by 1967, 800; A 1999, 2583)

      NRS 643.1717  Suspension or revocation of licenses.

      1.  The Board may immediately suspend a license to operate a barbershop for violation of any of the applicable provisions of this chapter or regulations adopted by the Board until the violation is cured.

      2.  Except for immediate suspensions authorized pursuant to subsection 1, the Board may suspend or revoke a license to operate a barbershop for a violation of the provisions of this chapter or any regulation adopted by the Board only in a manner consistent with the provisions of chapter 622A of NRS.

      3.  When a license to operate a barbershop has been suspended or revoked for a violation of the provisions of this chapter or the sanitary requirements of the Board, the Board shall post a notice on the shop stating the fact of suspension or revocation and the reason therefor.

      (Added to NRS by 1967, 800; A 1979, 93; 2005, 800)

BARBER SCHOOLS

      NRS 643.172  Operation of barber school without license unlawful.  It is unlawful for any person to operate a barber school unless the Board has issued a license to the person to operate the barber school.

      (Added to NRS by 1959, 323; A 1999, 2583)

      NRS 643.173  Application for license; fee.  An applicant for a license to operate a barber school shall file an application with the Board in such form as the Board may prescribe accompanied by the fee required by this chapter.

      (Added to NRS by 1959, 323)

      NRS 643.174  Personal appearance of applicant before Board; required information.  Upon receipt of an application to operate a barber school, the Board shall require the applicant, if the applicant is a sole proprietor, or a member, partner or officer, if the applicant is a firm, partnership or corporation, to appear personally before the Board and submit information in such form as the Board may by regulation prescribe showing:

      1.  The location of the proposed barber school and its physical facilities and equipment;

      2.  The proposed maximum number of students to be trained at any one time and the number of instructors to be provided;

      3.  The nature and terms of the applicant’s right of possession of the proposed premises, whether by lease, ownership or otherwise;

      4.  The financial ability of the applicant to operate the barber school in accordance with the requirements of this chapter and the regulations of the Board; and

      5.  Such other information as the Board considers necessary.

      (Added to NRS by 1959, 323; A 1999, 2583)

      NRS 643.175  Fees; renewal of license.

      1.  The fee for a license to operate a barber school, as provided in NRS 643.173, is $250. The fee must be returned if the application is rejected.

      2.  The fee for the renewal of a license to operate a barber school is $100.

      3.  Each license to operate a barber school which has not been renewed during the month of April in any year expires on May 1 of that year.

      (Added to NRS by 1959, 324; A 1999, 2583)

      NRS 643.176  Regulations; continuing education.

      1.  The Board may adopt and enforce reasonable regulations governing:

      (a) The conduct of barber schools;

      (b) The course of study of barber schools;

      (c) The examination of instructors;

      (d) The fee for the examination of instructors, which may not exceed $75; and

      (e) The fee for the issuance and renewal of an instructor’s license.

      2.  The Board shall require, as a prerequisite for the renewal of an instructor’s license, continuing education in the form of seminars or other training.

      (Added to NRS by 1959, 324; A 1987, 1390; 1999, 2584)

      NRS 643.177  Conditions for operation of barber school: Signs; number of instructors; restrictions; charge for barbering services.  Any person who owns, manages, operates or controls any barber school, or part thereof:

      1.  Shall:

      (a) Display a sign that may be easily seen upon entering the barber school on which is printed in bold letters “Work Performed Exclusively by Students”;

      (b) Have at least:

             (1) One instructor on the premises of the barber school at all times if the active enrollment of the school is 10 students or less;

             (2) One additional instructor on the premises of the barber school for each 10 students enrolled in the school in excess of 10 students; and

             (3) Two instructors available to provide instruction at all times;

      (c) Not allow a student to provide barbering services to members of the general public for more than 7 hours in a day or for more than 5 days in any 7-day period;

      (d) Not advertise that the barber school will charge for barbering services provided to members of the general public by students unless those barbering services are specifically advertised as services provided by students; and

      (e) Comply with all other provisions of this chapter relating to barber schools.

      2.  May charge for barbering services provided to a member of the general public by a student if the student performs those barbering services as part of the required course of study of the barber school.

      (Added to NRS by 1959, 324; A 1987, 1390; 1999, 2584; 2001, 972; 2007, 3073)

      NRS 643.1775  Qualifications for license as instructor.  The Board shall license any person as an instructor who:

      1.  Has applied to the Board in writing on the form prescribed by the Board;

      2.  Holds a high school diploma or its equivalent;

      3.  Has paid the applicable fees;

      4.  Holds a license as a barber issued by the Board;

      5.  Submits all information required to complete the application;

      6.  Has practiced not less than 5 years as a full-time licensed barber in this State, the District of Columbia or in any other state or country whose requirements for licensing barbers are substantially equivalent to those in this State;

      7.  Has successfully completed a training program for instructors conducted by a licensed barber school which consists of not less than 600 hours of instruction within a 6-month period; and

      8.  Has passed an examination for instructors administered by the Board.

      (Added to NRS by 1987, 1389; A 1999, 2584; 2005, 2771)

      NRS 643.179  Notice and hearing.

      1.  The Board shall not refuse to issue or renew any license to operate a barber school except upon 20 days’ notice in writing to the interested parties.

      2.  The notice must contain a brief statement of the reasons for the contemplated action of the Board and shall designate a proper time and place for the hearing of all interested parties before any final action is taken.

      3.  Due notice, within the provisions of subsection 1, shall be deemed to have been given when the Board deposits with the United States Postal Service a copy of the notice, addressed to the designated or last known residence of the person applying for the license or to whom the license has already been issued.

      (Added to NRS by 1959, 324; A 1987, 730; 2005, 800)

MISCELLANEOUS PROVISIONS

      NRS 643.182  Board may require primary base of operation.

      1.  The Board may by regulation require a licensed barber to maintain a barbershop licensed by the Board as his or her primary base of operation for the performance of barbering services.

      2.  The provisions of this section do not prevent a licensed barber who complies with regulations adopted pursuant to subsection 1 from providing barbering services to customers away from his or her shop as a matter of convenience to those customers.

      (Added to NRS by 1981, 578; A 1999, 2585)

      NRS 643.184  Authorized representative of Board may require certain persons to provide identification.  A person who is required to display a license issued pursuant to the provisions of this chapter shall, upon the request of an authorized representative of the Board, provide to that representative identification in the form of a driver’s license or identification card with a photograph that has been issued by a state, the District of Columbia or the United States.

      (Added to NRS by 1999, 2576)

      NRS 643.185  Grounds for disciplinary action; orders imposing discipline deemed public records.

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

      (a) Violation by any person licensed pursuant to the provisions of this chapter of any provision of this chapter or the regulations adopted by the Board.

      (b) Conviction of a felony relating to the practice of barbers.

      (c) Malpractice or incompetency.

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

      (e) Advertising, practicing or attempting to practice under another’s name or trade name.

      (f) Drunkenness or addiction to a controlled substance.

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

      (a) Refuse to issue or renew a license;

      (b) Revoke or suspend a license; and

      (c) Impose a fine of not more than $1,000.

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

      (Added to NRS by 1987, 1615; A 1993, 890; 1999, 2585; 2003, 2718, 3462)

      NRS 643.188  Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

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

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

      (Added to NRS by 1997, 2160; A 1999, 2585; 2005, 2807, 2809)

      NRS 643.189  Confidentiality of certain records of Board; exceptions.

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

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

      3.  The provisions of this section do not prohibit the Board from communicating or cooperating with or providing any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

      (Added to NRS by 2003, 3462; A 2005, 800; 2007, 2146)

PROHIBITED PRACTICES; REMEDIES; PENALTIES

      NRS 643.190  Unlawful acts concerning practice of barbering.  It is unlawful:

      1.  For any person to engage in the practice of barbering or attempt to engage in the practice of barbering without a license as a barber or an apprentice issued by the Board pursuant to this chapter.

      2.  For any owner or manager of any barbershop to hire or employ a barber or an apprentice who does not have a license issued by the Board pursuant to this chapter or whose barbershop does not meet the sanitary requirements of the Board.

      3.  For any person to serve as an apprentice under a licensed barber without a license as an apprentice issued by the Board pursuant to this chapter.

      4.  For any person to operate a barbershop unless the barbershop is at all times under the direct supervision and management of a licensed barber.

      5.  For any person to hire or employ any person to engage in the practice of barbering or attempt to engage in the practice of barbering unless the person holds a license as a barber or an apprentice issued by the Board pursuant to this chapter.

      6.  For any person licensed pursuant to chapter 644 of NRS or any other person to:

      (a) Hold himself or herself out to the public, solicit business or advertise as a licensed barber or as operating a licensed barbershop;

      (b) Use the title or designation “barber” or “barbershop” under circumstances which would create or tend to create the impression to members of the general public that the person is a licensed barber or is operating a licensed barbershop; or

      (c) Engage in any other act or practice which would create or tend to create the impression to members of the general public that the person is a licensed barber or is operating a licensed barbershop,

Ę unless the person holds, as appropriate, a license as a barber or a license to operate a barbershop issued by the Board pursuant to this chapter or the person is operating a licensed cosmetological establishment that is leasing space to or employing a licensed barber pursuant to NRS 644.360.

      7.  For any person licensed pursuant to chapter 644 of NRS or any other person to place a barber pole in a location which would create or tend to create the impression to members of the general public that a business located near the barber pole is a barbershop unless the operator of the business holds a license to operate a barbershop issued by the Board pursuant to this chapter or the business is a licensed cosmetological establishment that is leasing space to or employing a licensed barber pursuant to NRS 644.360. As used in this subsection, “barber pole” means:

      (a) A red and white striped vertical cylinder with a ball located on top of the cylinder; or

      (b) Any object of a similar nature, regardless of its actual shape or coloring, which would create or tend to create the impression to members of the general public that a business located near the object is a barbershop.

      [1:131:1929; A 1931, 349; 1937, 213; 1931 NCL § 760]—(NRS A 1999, 2586; 2005, 2638)

      NRS 643.200  Unlawful acts concerning sanitation and operation of barbershop.

      1.  It shall be unlawful for any licensed barber or apprentice:

      (a) Knowingly to continue the practice of barbering, or for any student knowingly to continue as a student in any barber school while the person has an infectious, contagious or communicable disease.

      (b) To use upon one patron a towel that has been used upon another patron unless the towel has been relaundered.

      (c) Not to provide the headrest on each chair with a relaundered towel or a sheet of clean paper for each patron.

      (d) Not to place around the patron’s neck a strip of cotton, towel or neckband so that the hair cloth does not come in contact with the neck or skin of the patron’s body.

      (e) To use in the practice of barbering any styptic pencils, finger bowls, sponges, lump alum or powder puffs. Possession of a styptic pencil, finger bowl, sponge, lump alum or powder puff in a barbershop is prima facie evidence that the item is being used therein in the practice of barbering.

      (f) To use on any patron any razors, scissors, tweezers, combs, rubber discs or parts of vibrators used on another patron, unless the items are kept in a closed compartment and immersed in boiling water or in a solution of 2 percent carbolic acid, or its equivalent, before each use.

      2.  It shall be unlawful to own, manage, control or operate any barbershop unless:

      (a) Continuously hot and cold running water is provided.

      (b) A recognized sign is displayed at the main entrance to the shop indicating that it is a barbershop.

      [Part 17b:131:1929; added 1931, 349; 1931 NCL § 776.02]—(NRS A 1959, 327; 1999, 2587)

      NRS 643.203  Unlawful to engage in practice of barbering unless wearing clean outer garments; regulations of Board.

      1.  It is unlawful for a person to engage in the practice of barbering unless he or she is wearing clean outer garments which are suitable to allow the safe and hygienic practice of barbering.

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

      (Added to NRS by 1993, 2646)

      NRS 643.205  Unlawful to instruct practice of barbering in barber school without license.  It is unlawful for any person to instruct the practice of barbering in a barber school unless the person is licensed by the Board to do so.

      (Added to NRS by 1987, 1389; A 1999, 2587)

      NRS 643.210  Penalties.  Any person violating any of the provisions of this chapter, unless by general law otherwise provided, shall be guilty of a misdemeanor.

      [18:131:1929; A 1931, 349; 1953, 317]—(NRS A 1967, 643)

      NRS 643.220  Additional penalties for person who engages in certain prohibited conduct; authority of Board to issue citations and orders to cease and desist; administrative fines; appeals.

      1.  In addition to any other remedy or penalty:

      (a) The Board may issue a citation to a person who has engaged in any act or practice which constitutes a violation of any provision of NRS 643.190. A citation issued pursuant to this paragraph must be in writing and describe with particularity the nature of the violation. The citation also must inform the person of the provisions of subsection 2. A separate citation must be issued for each violation. If appropriate, the citation may contain an order to cease and desist.

      (b) Upon finding that a person has engaged in any act or practice which constitutes a violation of any provision of NRS 643.190, the Board shall assess an administrative fine of:

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

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

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

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

      (Added to NRS by 2005, 2636)

      NRS 643.230  Injunctions.

      1.  In addition to any other remedy or penalty, if a person has engaged in any act or practice which constitutes a violation of any provision of this chapter, the district court of any county, on application of the Board, may issue an injunction or other appropriate order restraining the act or practice, without a showing of actual harm.

      2.  A proceeding under this section is governed by Rule 65 of the Nevada Rules of Civil Procedure.

      (Added to NRS by 2005, 2636)

      NRS 643.240  Actions and remedies cumulative and not exclusive.

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

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

      (Added to NRS by 2005, 2636)