NEVADA LAW NOTES - 2012

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NEVADA REVISED STATUTES:

LAWS OF COSMETOLOGY

AESTHETICIAN DEFINED:

ANY PERSON WHO ENGAGES IN THE PRACTICES OF BEAUTIFYING THE SKIN OF THE HUMAN BODY.

...

AESTHETICIAN MAY NOT PERFORM MANUAL LYMPH DRAINAGE MASSAGE, BECAUSE SUCH MASSAGE SUGGESTS SOME THERAPEUTIC PURPOSE AND, THEREFORE GOES BEYOND BEAUTIFYING THE SKIN OF THE HUMAN BODY.

COSMETOLOGICAL ESTABLISHMENT DEFINES:

ANY PREMISES OTHER THAN A LICENSED BARBERSHOP IN WHICH ONE OR MORE LICENSED NAIL TECHNOLOGISTS PRACTICE.

ATTORNEY GENERAL'S OPINIONS:

WIG SALONS NEED NOT BE LICENSED AS COSMETOLOGICAL ESTABLISHMENTS.

REGULATION OF ADVERTISING BY STATE BOARD OF COSMETOLOGY

COSMETOLOGICAL ESTABLISHMENTS TO DISCLOSE IN THEIR ADVERTISEMENTS THOSE SERVICES WHICH ARE LICENSED OR REGULATED BY THE BOARD.

DEMONSTRATOR OF COSMETICS DEFINED:

COSMETOLOGICAL ESTABLISHMENT FOR THE SOLE PURPOSE OF SELLING COSMETICS.

STATE BOARD OF COSMETOLGY; APPOINTMENT OF MEMBERS

CONSISTS OF 7 MEMBERS APPOINTED BY THE GOVERNOR, THE BOARD CONSISTS OF 4 COSMETOLOGISTS, 1 NAIL TECH, 1 AESTHETICIAN, AND 1 MEMBER REPRESENTING CUSTOMERS OF COSMETOLOGY.

QUALIFICATIONS OF MEMBERS:

MEMBERS CAN SERVE TERMS OF 4 YEARS, AND NO MEMBER MAY SERVE MORE THAN 2 CONSECUTIVE FULL TERMS.

APPROVAL OF DEVICE USED IN COSMETOLOGY:

ANY DEVICE USED IN THE PRACTICE OF COSMETOLOGY MUST BE APPROVED BY THE BOARD.

REGULATIONS GOVERNING SANITARY CONDITIONS:

HAS ANY EFFECT UNTIL IT HAS BEEN APPROVED BY THE STATE BOARD OF HEALTH.

UNLAWFUL PRACTICES WITHOUT LICENSE:

IT IS UNLAWFUL FOR ANY PERSON TO CONDUCT OR OPERATE A COSMETOLOGICAL ESTABLISHMENT 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.

...

IT IS UNLAWFUL FOR ANY PERSON TO ENGAGE IN THE PRACTICE OF COSMETOLOGY UNLESS THE PERSON IS LICENSED IN ACCORDANCE WITH THE PROVISIONS OF THIS CHAPTER.

DOES NOT PROHIBIT:

A PERSON EMPLOYED TO RENDER COSMETOLOGICAL SERVICES IN THE COURSE OF AND INCIDENTAL TO THE PRODUCTION OF A MOTION PICTURE, IF HE OR SHE RENDERS COSMETOLOGICAL SERVICES ONLY TO PERSONS WHO WILL APPEAR IN THAT MOTION PICTURE, TV PROGRAM, COMMERICAL OR ADVERTISEMENT

INSTRUCTORS:

IS A PERSON ISSUED A PROVISIONAL LICENSE, MAY ACT AS AN INSTRUCTOR. A PROVISIONAL LICENSE EXPIRES UPON ACCUMULATION OF HOURS. HAVE COMPLETED 1,000 HOURS OF TRAINING OR 500 HOURS AS A (PIL) PROVISIONAL INSTRUCTOR IN A SCHOOL OF COSMETOLOGY.

STUDENT INSTRUCTORS:

MUST BE SUPERVISED BY AN INSTRUCTOR WHO IS LICENSED

LICENSE TO SPECIFY:

NO PERSON MAY PRACTICE ANY OTHER OCCUPATION DESIGNATED IN THIS CHAPTER THAN THAT FOR WHICH THE LICENSE IS ISSUED

DISPLAY OF LICENSE:

MUST DISPLAY IN PLAIN VIEW WHERE THE HOLDER PERFORMS HIS OR HER WORK. IF A PERSON PRACTICES COSMETOLGY IN MORE THAN ONE PLACE, THE PERSON MUST CARRY HIS OR HER LICENSE AND DISPLAY IT WHEREVER HE OR SHE IS ACTUALLY WORKING

DUPLICATE LICENSE:

IF ORIGINAL WAS DESTROYED, MISPLACED OR MUTILATED; MUST APPLY NEXT BUSINESS DAY FOR A NEW ONE. IF NAME OR ADDRESS OF THE LICENSEE HAS CHANGED. FILE AN AFFIDAVIT WITH THE BOARD. YOU CAN HAVE DUPLICATE LICENSE IF WORKING IN MORE THAN ONE SALON. FEE IS $25

NOTICE TO SECRETARY OF CHANGE OF LOCATION:

WITHIN 30 DAYS AFTER CHANGING HIS OR HER PLACE OF BUSINESS, NOTIFY THE SECRETARY OF THE BOARD OF THE NEW PLACE OF BUSINESS.

RENEWAL OF LICENSE:

MADE ON OR BEFORE THE DATE. EACH MONTH NOT RENEWED A PENALTY OF $50 FOR A SCHOOL OF COSMETOLOGY AND $20 FOR ALL PERSONS LICENSED PURSUANT TO THIS CHAPTER. MUST BE ACCOMPANIED BY TWO CURRENT PHOTOGRAPHS, THE NAME AND ADDRESS OF THE APPLICANT MUST BE WRITTEN ON THE BACK OF EACH PHOTOGRAPH

PRACTICE OF COSMETOLOGY:

COSMETOLOGY MAY BE PRACTICED IN A COSMETOLOGICAL ESTABLISHMENT BY LICENSED COSMETOLOGISTS WHO ARE, EMPLOYEES OF THE OWNER OF THE ENTERPRISE OR LESSEE'S OF SPACE FROM THE OWNER OF THE ENTERPRISE.

SUPERVISION BY LICENSED PERSON:

A COSMETOLOGICAL ESTABLISHMENT MUST, AT ALL TIMES BE UNDER THE SUPERVISION OF A LICENSED PERSON.

SURETY BOND:

REPEALED

...

EACH SCHOOL OF COSMETOLOGY SHALL: OBTAIN A SURETY BOND IN ACCORDANCE WITH REGULATIONS ADOPTED BY THE BOARD. PROVIDE FOR PAYMENT PLANS

STAFF OF INSTRUCTORS:

EACH SCHOOL SHALL MAINTAIN A STAFF OF A LEAST TWO LICENSED INSTRUCTORS.

DISCIPLINARY ACTIONS: THE FOLLOWING ARE GROUNDS FOR DISCIPLINARY ACTION BY THE BOARD:

GROSS MALPRACTICE, DRUNKENESS OR THE USE OF A CONTROLLED SUBSTANCE WHILE ENGAGED IN THE PRACTICE OF COSMETOLGY. ADVERTISEMENT BY MEANS OF KNOWINGLY FALSE OR DECEPTIVE STATEMENTS.

...

IF THE BOARD DETERMINES THAT A VIOLATION HAS OCCURRED, IT MAY: REFUSE TO ISSUE OR RENEW A LICENSE, REVOKE OR SUSPEND A LICENSE, IMPOSE A FINE NOT TO EXCEED $2000

EXEMPTIONS: THE FOLLOWING PERSONS ARE EXEMPT FROM THE PROVISIONS OF THIS CHAPTER:

RETAILERS, PHOTOGRAPHERS OR THEIR EMPLOYEES WHO PROVIDES COSMETICS WITHOUT CHARGE TO THE CUSTOMER.

PROHIBITED PRACTICES; REMEDIES; PENALTIES:

APPLICATION OF ANY CORROSIVE SUBSTANCE FOR THE PURPOSE OF PEELING SKIN.

UNLAWFUL TO ENGAGE:

UNLESS WEARING CLEAN OUTER GARMENTS

UNLAWFUL FOR ANIMAL TO BE ON PREMISES OF LICENSED ESTABLISHMENT:

UNLESS IT'S THE USE OF GUIDE OR HEARING DOGS, OR ANY SERVICE ANIMALS.

UNLAWFUL TO COPY OR ALTER LICENSE

...

NEVADA ADMINISTRATIVE CODE FOR COSMETOLOGY:

RULES & REGULATIONS

COSMETOLOGICAL ESTABISHMENT:

THE BOARD DOES NOT CONSTRUE COSMETOLOGICAL ESTABLISHMENT TO INCLUDE A TELEVISION OR MOTION PICTURE SET, UNLESS COSMETOLOGY IS PRACTICED ON THE PREMISES.

DEVIATION FROM REGULATIONS:

IN SPECIAL CASES, THE BOARD WILL PERMIT IF IT FINDS THAT THERE IS GOOD CAUSE.

USE OF LICENSE:

MAY BE USED ONLY BY THE PERSON TO WHOM THE LICENSE HAS BEEN ISSUED.

TRANSLATION OF DOCUMENTS:

ALL DOCUMENTS WRITTEN IN A LANGUAGE OTHER THAN ENGLISH MUST BE TRANSLATED.

PASSING SCORE:

FOR THE WRITTEN EXAM IS NOT LESS THAN 75 PERCENT, AND A PASS ON THE PRACTICAL EXAM

COSMETOLOGISTS APPRENTICES:

IS REQUIRED TO TRAVEL MORE THAN 60 MILES TO ATTEND A SCHOOL.

REGISTRAR: APPOINTMENT; DUTIES:

KEEP A DAILY RECORD OF THE ATTENDANCE OF EACH STUDENT. KEEP A RECORD OF TRAINING TIME. SEND TO THE BOARD EACH MONTH RECORD OF ATTENDANCE AND TRAINING TIME.

DISPOSAL OF WASTE:

UNLESS THEY ARE LOCATED NEAR A RECEPTION DESK OR IN AN OFFICE OR RESTROOM, DISPOSAL CONTAINERS MUST BE COVERED AT ALL TIMES.

WALLS, FLOORS, CEILINGS, FURNISHINGS, EQUIPMENT AND FIXTURES:

ALL FLOORS IN RESTROOMS AND AREAS WHERE HAIR IS CUT, SHAMPOOED OR STYLED MUST BE OF A WASHABLE SUBSTANCE WHICH IS NOT POROUS OR ABSORBENT. CARPETING IS ALLOWED IN RECEPTION AREAS AND AREAS FOR MANICURING AND AESTHETICS.

...

ALL WALLS MUST BE OF A WASHABLE MATERIAL

CLIPPINGS OF HAIR MUST BE DISPOSED OF IN A COVERED WASTE RECEPTACLE AFTER THE HAIR IS CUT.

A FOOTBATH OR PORTABLE SPA MUST BE DISINFECTED BEFORE THE FOOTBATH OR PORTABLE SPA MAY BE OFFERED TO ANOTHER CLIENT

DISPOSAL OF CERTAIN INSTRUMENTS:

THE PART OF A SHAMPOO BOWL ON WHICH A CLIENT'S NECK RESTS MUST BE COVERED WITH A CLEAN TOWEL DURING EACH SHAMPOO, AND ALL LOOSE HAIR MUST BE REMOVED FROM THE DRAIN AFTER EACH USE. ALL TOWELS, AFTER BEING LAUNDERED AND SANITIZED, MUST BE KEPT IN CLOSED, DUST FREE CABINETS THAT HAVE FUMIGANTS. ALL INSTRUMENTS THAT CANNOT BE DISINFECTED MUST BE DISPOSED OF IN A WASTE RECEPTACLE.

SANITIZING & INFECTION CONTROL SOLUTIONS:

MUST BE REGISTERED WITH THE ENVIROMENTAL PROTECTION AGENCY (EPA) AS A BACTERICIDE, FUNGICIDE OR VIRUCIDE.

THE INSTRUMENT, IMPLEMENT OR OTHER TOOL MUST BE: WASHED WITH SOAP AND HOT WATER. RINSED IN CLEAR HOT WATER AND PLACED IN A COVERED WET SANITIZER.

ALL DISINFECTED INSTRUMENTS MUST BE STORED IN A CLEAN CLOSED CONTAINER, DRAWER OR STORAGE UNIT WITH A FUMIGANT.

ELECTROLYSIS INSTRUMENTS MUST BE CLEANED IN THE FOLLOWING MANNER:

ALL FOREIGN MATTER MUST BE REMOVED. WASHED IN SOAP AND HOT WATER AND RINSED IN HOT WATER. AFTER CLEANING MUST BE STERILIZED BY USE OF A STEAM STERILIZER OR DRY STERILIZER. ALL STERILIZED INSTRUMENTS MUST BE STORED IN CLEAN, CLOSED CONTAINERS. SINGLE USE ITEMS MUST NOT BE USED ON MORE THAN ONE CLIENT AND MUST BE DISPOSED OF AFTER USE.

CLIPPERS:

BEFORE EACH USE MUST BE DISINFECTED

COSMETICS & OTHER
PREPARATIONS:

MUST BE KEPT IN CLOSED CONTAINERS AT ALL TIMES WHEN NOT IN USE. ALL BOTTLES & CONTAINERS MUST BE CORRECTLY MARKED WITH A LABEL.

CLEANSING OF HANDS:

THROUGHLY WASH HANDS BEFORE & AFTER SERVING EACH CLIENT AND AFTER USE OF THE RESTROOM.

INFECTIOUS; INFESTATIONS OF ANIMAL PARASITES:

A PERSON WITH AN INFECTIOUS DISEASE, SHALL NOT WORK OR TRAIN IN A COSMETOLOGICAL ESTABLISHMENT OR SCHOOL.

CLIENTS WITH INFLAMED OR INFECTED SKIN:

LICENSEES SHALL WEAR PROTECTIVE GLOVES WHILE PERFORMING ANY SERVICE ON A CLIENT WHOSE SKIN SHOWS SIGNS OF SECRETION OF ANY BODILY FLUIDS.

REMOVAL OF SKIN:

A COSMETOLOLGIST OR ESTHETICIAN SHALL NOT USE ANY TECHNIQUES OR PRACTICES THAT EFFECT ANYTHING OTHER THAN THE UPPERMOST LAYERS OF THE FACIAL SKIN.

PROHIBTED INVASIVE PROCEDURES:

A LICENSEE SHALL NOT PERFORM ANY INVASIVE PROCEDURE THAT INCLUDES, WITHOUT LIMITATION: THE PENETRATION OF THE SKIN BY METAL NEEDLES. THE ABRASION OF THE SKIN BELOW THE UPPERMOST LAYERS OF THE SKIN. THE REMOVAL OF A CALLUS USING AN INSTRUMENT THAT HAS A SHARP EDGE,BLADE OR POINT

COSMETIC PRODUCTS:

A COSMETOLOGICAL ESTABLISHMENT AND A SCHOOL SHALL NOT: USE A COSMETIC PRODUCT IN A MANNER THAT HAS NOT BEEN APPROVED BY THE FOOD AND DRUG ADMINISTRATION (FDA)

PLACE OF PRACTICE: PRIVATE RESIDENCES:

COSMETOLOGY MAY BE PRACTICED IN PRIVATE RESIDENCE ONLY WHEN THE ROOMS USED FOR PRACTICE MUST BE COMPLETELY AND PERMANENTLY SEALED OFF FROM THE LIVING QUARTERS.

MOBILE COSMETOLOGICAL ESTABLISHMENTS:

MEANS A SELF-CONTAINED, SELF-SUPPORTING, ENCLOSED MOBILE UNIT WHERE ONE OR MORE PERSONS ENGAGE IN THE PRACTICE OF COSMETOLOGY.

DISCIPLINARY ACTIONS:

THE BOARD ADOPTS THE FOLLOWING SCHEDULE OF FINES FOR ANY VIOLATION OF THE PROVISIONS LISTED: COSMETOLOGICAL ESTABLISHMENT:

ALLOWING A LICENSEE TO WORK WITH AN EXPIRED LICENSE (PER PERSON) $200

FAILURE TO DISPLAY LICENSE IN PLACE OF BUSINESS $200

ALLOWING AN UNLICENSED PERSON TO WORK $1000

OPERATING AN ESTABLISHMENT WITH AN ANIMAL ON THE PREMISES $200

PRACTICING WITH AN EXPIRED LICENSE $200

FAILURE TO DISPLAY LICENSE AT WORK STATION $200

ANY PERSON

PRACTICING WITHOUT A LICENSE OR CERTIFICATE $1000

COPYING OR ALTERING A LICENSE OR CERTIFICATE $200

PRACTICES CONSTITUTING GROUNDS FOR DISCIPLINARY ACTION:

COPYING OR ALTERING A LICENSE. USING THE TERMS ADVANCED OR MEDICAL OUT TO THE PUBLIC AS AN ADVANCED OR MEDICAL PRACTITIONER OF ANY BRANCH OF COSMETOLOGY.

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