Salon Rules and Regulations

NRS 644A.600  Application for license; on-site inspection; issuance and activation of license; fees.

 

1.  Any person wishing to operate a cosmetological establishment in which any one or a combination of the occupations of cosmetology are practiced must apply to the Board for a license, through the owner, manager or person in charge, upon forms prepared and furnished by the Board. Each application must contain a detailed floor plan of the proposed cosmetological establishment and proof of the particular requisites for a license provided for in this chapter. The applicant must certify that all the information contained in the application is truthful and accurate.

2.  The applicant must submit the application accompanied by the applicable required fees for inspection and licensing. Upon receipt of the application, the Board shall contact the applicant to arrange a date and time to conduct the on-site inspection and to issue and activate the license. A license issued pursuant to this subsection is not valid until it is activated.

3.  The fee for issuance of a license for a cosmetological establishment is:

(a) For 2 years, $200.

(b) For 4 years, $400.

4.  The fee for the initial inspection is $15. If an additional inspection is necessary, the fee is $25.

NRS 644A.605  Notice of change of ownership, name, services offered or location; new license required for operation after change; approval of changes in physical structure of establishment by Board.

1.  The Board must be notified of any change of ownership, name, services offered or location of a cosmetological establishment. The establishment may not be operated after the change until a new license is issued. The owner of the establishment must apply to the Board for the license and pay the applicable fees established by subsections 3 and 4 of NRS 644A.600.

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

NRS 644A.610  Expiration of license; effect of failure to timely pay renewal fee.

1.  The license of every cosmetological establishment:

(a) Expires 2 years after the date of issuance or renewal of a license that was issued or renewed for a 2-year period.

(b) Expires 4 years after the date of issuance or renewal of a license that was issued or renewed for a 4-year period.

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

NRS 644A.615  Display of license; limitation on persons to whom space may be leased; limitation on persons who may be employed.

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

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

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

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

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

 4.  As used in this section:

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

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

NRS 644A.620  Practice of cosmetology and threading by certain licensed or registered persons.  

 

Cosmetology and threading may be practiced in a cosmetological establishment by licensed or registered, as applicable, cosmetologists, estheticians, electrologists, hair designers, shampoo technologists, hair braiders, demonstrators of cosmetics, nail technologists and natural persons who engage in the practice of threading, as appropriate, who are:

1.  Employees of the owner of the enterprise; or

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

NRS 644A.625  Supervision by licensed person.

1.  A cosmetological establishment must, at all times, be under the immediate supervision of a person who is licensed in the branch of cosmetology or a combination of branches of cosmetology of any service relating to the practice of cosmetology provided at the cosmetological establishment at the time the service is provided.

2.  If the operator of a cosmetological establishment leases space to a licensed or registered, as applicable, nail technologist, electrologist, esthetician, hair designer, shampoo technologist, hair braider, demonstrator of cosmetics or cosmetologist pursuant to NRS 644A.615, the lessee must provide supervision for that branch of cosmetology in the manner required by subsection 1.

NRS 644A.630  Food and beverage sales.  

Food or beverages for immediate consumption may be sold in a cosmetological establishment.

NRS 644A.800  Advertisements for services relating to practice of cosmetology.

1.  Except as otherwise provided in subsection 2, an advertisement for services relating to the practice of cosmetology must list:

(a) The name, as it appears on the license, and license number of the cosmetological establishment or establishment for hair braiding where the services will be provided; and

(b) The name and number of the license or certificate of registration of any licensee or registrant mentioned in the advertisement.

 2.  An advertisement for services relating to the practice of cosmetology to be provided at a school of cosmetology must list the name, as it appears on the license, and license number of the school of cosmetology where the services will be provided.

NRS 644A.850  Grounds; authorized disciplinary action; orders imposing discipline deemed public records.

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

(a) Failure of an owner of an establishment for hair braiding, a cosmetological establishment, a licensed or registered, as applicable, esthetician, cosmetologist, hair designer, shampoo technologist, hair braider, electrologist, instructor, nail technologist, demonstrator of cosmetics, makeup artist or school of cosmetology to comply with the requirements of this chapter or the applicable regulations adopted by the Board.

(b) Failure of a cosmetologist’s apprentice, electrologist’s apprentice, esthetician’s apprentice, hair designer’s apprentice or nail technologist’s apprentice to comply with the requirements of this chapter or the applicable regulations adopted by the Board.

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

(d) Gross malpractice.

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

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

(g) Advertising in violation of any of the provisions of NRS 644A.800 or 644A.935.

(h) Permitting a license or certificate of registration to be used where the holder thereof is not personally, actively and continuously engaged in business.

(i) Failure to display the license or certificate of registration or a duplicate of the license or certificate of registration as provided in NRS 644A.530, 644A.535, 644A.615, 644A.665 and 644A.710.

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

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

(l) Engaging in prostitution or solicitation for prostitution in violation of NRS 201.354 by the owner of a cosmetological establishment, an establishment for hair braiding or a facility in which threading is conducted, a licensee or a holder of a certificate of registration.

(m) Failure to comply with the provisions of NRS 454.217 or 629.086.

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

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

(a) Refuse to issue or renew a license or certificate of registration;

(b) Revoke or suspend a license or certificate of registration;

(c) Place the licensee or holder of a certificate of registration on probation for a specified period;

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

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

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

NRS 644A.900  Unlawful practices without license or certificate of registration; exceptions.

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

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

3.  This chapter does not prohibit:

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

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

(c) A person issued a provisional license as an instructor pursuant to NRS 644A.415 from acting as an instructor and accepting compensation therefor while accumulating the hours of training as a teacher required for an instructor’s license.

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

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

(f) A registered shampoo technologist from engaging in the practice of shampoo technology under the immediate supervision of a licensed cosmetologist or hair designer.

(g) A registered esthetician’s apprentice from engaging in the practice of esthetics under the immediate supervision of a licensed esthetician or licensed cosmetologist.

(h) A registered hair designer’s apprentice from engaging in the practice of hair design under the immediate supervision of a licensed hair designer or licensed cosmetologist.

(i) A registered nail technologist’s apprentice from engaging in the practice of nail technology under the immediate supervision of a licensed nail technologist or licensed cosmetologist.

(j) A makeup artist registered pursuant to NRS 644A.395 from engaging in the practice of makeup artistry for compensation or otherwise in a licensed cosmetological establishment.

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

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

NRS 644A.905  Unlawful to engage in practice of cosmetology unless wearing clean outer garments; regulations.

 

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

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

NRS 644A.910  Ban on use of device in practice of cosmetology; banned devices prohibited within certain areas of cosmetological establishment; regulations.

1.  The Board may, by regulation, ban the use of any device in the practice of cosmetology for good cause or if the device facilitates services outside the scope of the practice of cosmetology.

2.  Except as otherwise provided in this subsection, a device the use of which has been banned by the Board pursuant to subsection 1 must not be located within a cosmetological establishment. Such a device may be located within an area of a cosmetological establishment used for selling products at retail.

NRS 644A.915  Unlawful acts concerning practice of barbering. 

It is unlawful for any person licensed or registered pursuant to this chapter to engage in any act or practice which constitutes a violation of subsection 6 or 7 of NRS 643.190

NRS 644A.920  Styling of hairpieces: Restrictions.

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

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

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

NRS 644A.925  Unlawful to use X-ray machine to treat scalp or remove superfluous hair or to apply or implant certain substances; penalty.  

Nothing in this chapter:

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

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

NRS 644A.930  Unlawful to duplicate for illegal purposes or alter license or certificate of registration.

1.  It is unlawful for a person to alter a license or certificate of registration issued pursuant to this chapter.

2.  It is unlawful for a person to reproduce mechanically or otherwise duplicate a license or certificate of registration issued pursuant to this chapter for purposes of fraud, deception, misrepresentation or other illegal purposes. A person may duplicate a license or certificate of registration issued pursuant to this chapter for a lawful purpose, including, without limitation, for purposes of displaying a duplicate license or certificate of registration pursuant to NRS 644A.530, 644A.535, 644A.615, 644A.665 or 644A.710.

NRS 644A.935  Unlawful advertising relating to education, licensing, registration or practice of cosmetology or threading.  

With regard to advertising relating to the education, licensing, registration or practice of cosmetology or threading:

1.  It is unlawful to advertise in any manner that is misleading or inaccurate with respect to any services relating to the practice of cosmetology offered by a licensee, registrant or other natural person.

2.  An advertisement must not state or imply favorable consideration by the Board except that an advertisement may state that a cosmetological establishment, establishment for hair braiding, school of cosmetology, licensee or registrant is licensed or registered by the Board.

NRS 644A.940  Unlawful for animal to be on premises of licensed establishment for hair braiding or cosmetological establishment; exceptions.

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

 2.  The provisions of subsection 1 do not apply to:

(a) An aquarium maintained on the premises of a licensed establishment for hair braiding or cosmetological establishment; or

(b) A service animal or service animal in training.

3.  As used in this section:

(a) “Service animal” includes only a dog that has been trained and meets the qualifications set forth in 28 C.F.R. § 36.104, and a miniature horse that has been trained and meets the qualifications set forth in 28 C.F.R. § 36.302.

(b) “Service animal in training” includes only a dog or miniature horse that is being trained for the purposes of 28 C.F.R. § 36.104 or 36.302, as applicable.

NAC 644A.500  “Cosmetological establishment” construed. (NRS 644A.275) 

 

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.

 

NAC 644A.505  Interpretation of NRS 644A.625 for purposes of requirement for immediate supervision by licensed person. (NRS 644A.275, 644A.625)  

The Board will interpret NRS 644A.625 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 estheticians practice, the establishment must be under the immediate supervision of a licensed cosmetologist or licensed esthetician.

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 esthetician.

 

NAC 644A.510  Restrictions on lease of space to certain persons. (NRS 644A.275, 644A.615)

 

1.  Except as otherwise provided in NRS 644A.615, 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 644A.615.

NAC 644A.515  Requirements for certain lessees. (NRS 644A.275, 644A.615)

1.  A licensed cosmetologist, esthetician, 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 644A.700 to 644A.825, 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 644A.700 to 644A.825, inclusive.

NAC 644A.520  Inspection of establishment by Board; refusal to grant access constitutes grounds for disciplinary action. (NRS 644A.275)  

 

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.

 

 NAC 644A.700  Drinking cups and facilities. (NRS 644A.275, 644A.280)  

 

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.

 

NAC 644A.705  Disposal of waste. (NRS 644A.275, 644A.280)  

 

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.

NAC 644A.710  Exhaust systems. (NRS 644A.275, 644A.280)  

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.

NAC 644A.715  Restrooms. (NRS 644A.275, 644A.280)

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.

NAC 644A.720  Walls, floors, ceilings, furnishings, equipment and fixtures. (NRS 644A.275, 644A.280) 

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 esthetics.

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.

NAC 644A.725  Plumbing; dispensary sink; floor coverings. (NRS 644A.275, 644A.280)

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.

NAC 644A.730  Headrests; shampoo bowls; towels and linens; neck strips; treatment tables; disposal of certain instruments and supplies; brushes. (NRS 644A.275, 644A.280)  

 

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.

NAC 644A.735  Foot spas. (NRS 644A.275, 644A.280)  

 

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.

NAC 644A.740  Disinfectants; instruments, implements and other tools; sterilization equipment; disposable articles; single-use items. (NRS 644A.275, 644A.280)

 

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. 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, 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.

 

NAC 644A.745  Clippers, vibrators and other electrical instruments. (NRS 644A.275, 644A.280)  

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.

NAC 644A.750  Wax pots. (NRS 644A.275, 644A.280)

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.

 

NAC 644A.755  Cosmetics and other preparations. (NRS 644A.275, 644A.280)  

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.

NAC 644A.760  Hot steamed towels. (NRS 644A.275, 644A.280)  

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.

 

NAC 644A.765  Requirement for licensees and students to wash hands. (NRS 644A.275, 644A.280) 

 

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.

 

NAC 644A.770  Requirement for clean outer garments and adequate footwear. (NRS 644A.275, 644A.280, 644A.905)

 

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.

 

NAC 644A.775  Infectious or communicable diseases; infestations of animal parasites. (NRS 644A.275, 644A.280)

 

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.

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.

NAC 644A.780  Clients with inflamed or infected skin or secretions of bodily fluids. (NRS 644A.275, 644A.280)  

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.

NAC 644A.785  Restrictions on removal of skin by cosmetologist or esthetician. (NRS 644A.275)

1.  A cosmetologist or an esthetician 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 esthetician:

(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 esthetician shall not use any techniques or practices for the removal of skin that affect anything other than the uppermost layers of the facial skin.

NAC 644A.790  Prohibited invasive procedures. (NRS 644A.275)

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.

NAC 644A.795  Cleaning and disinfecting of wigs and hairpieces. (NRS 644A.275, 644A.280)  

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.

NAC 644A.800  Cosmetic products: Prohibited products and uses. (NRS 644A.275)  

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.

NAC 644A.805  Prohibited devices: Removal from premises; punishment. (NRS 644A.275, 644A.280)

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 644A 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 644A.860.

NAC 644A.810  Place of practice: Licensed cosmetological establishment; exceptions. (NRS 644A.275)

1.  Except as otherwise provided in this section and NAC 644A.815, 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.

NAC 644A.815  Place of practice: Donated services. (NRS 644A.275)  

A cosmetologist, esthetician, 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.

 

NAC 644A.820  Place of practice: Private residences. (NRS 644A.275, 644A.280)

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 644A.700 to 644A.825, 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.

 

NAC 644A.825  Place of practice: Practice by holder of limited license; services offered; use of appointment book or system. (NRS 644A.275, 644A.455)

1.  Except as otherwise provided in this section, a person who holds a limited license issued pursuant to NRS 644A.455 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 644A.455 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 644A.455 from engaging in the practice of cosmetology within the scope of their valid license to practice cosmetology within a licensed cosmetological establishment.

NAC 644A.865  Acts constituting gross malpractice. (NRS 644A.275, 644A.850)  

 

For the purposes of NRS 644A.850:

1.  A violation of any provision of NRS 644A.925 or NAC 644A.740, 644A.765, 644A.775 to 644A.790, inclusive, or 644A.800; 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, constitutes gross malpractice.

 

NAC 644A.870  Grounds for disciplinary action. (NRS 644A.275, 644A.850)  

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 644A.930.

(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.