USA Statutes : nevada
Title : Title 54 - PROFESSIONS, OCCUPATIONS AND BUSINESSES
Chapter : CHAPTER 640C - MASSAGE THERAPISTS
The Legislature finds and
declares that:
1. The practice of massage therapy by persons who do not possess
sufficient knowledge of anatomy and physiology or an understanding of the
relationship between the structure and function of the tissues being
treated and the total function of the body may endanger the health,
welfare and safety of the residents of this State.
2. To protect the residents of this State, it is necessary to
license and regulate the practice of massage therapy.
(Added to NRS by 2005, 1119 )
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 640C.030
to 640C.060 , inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 2005, 1119 )
“Board” means the Board of Massage
Therapists.
(Added to NRS by 2005, 1119 )
“License” means a license issued
by the Board.
(Added to NRS by 2005, 1119 )
“Massage therapist”
means a person who is licensed pursuant to the provisions of this chapter
to engage in the practice of massage therapy.
(Added to NRS by 2005, 1119 )
1. “Massage therapy” means the application of a system of pressure
to the muscular structure and soft tissues of the human body for
therapeutic purposes, including, without limitation:
(a) Effleurage;
(b) Petrissage;
(c) Tapotement;
(d) Compressions;
(e) Vibration;
(f) Friction; and
(g) Movements applied manually with or without superficial heat,
cold, water or lubricants for the purpose of maintaining good health and
establishing and maintaining good physical condition.
2. The term does not include:
(a) Diagnosis, adjustment, mobilization or manipulation of any
articulations of the body or spine; or
(b) Reflexology.
(Added to NRS by 2005, 1119 )
1. The provisions of this chapter do not apply to:
(a) A person licensed pursuant to chapter 630 , 630A , 631 , 632 , 633 , 634 , 634A , 635 , 640 , 640A or 640B of NRS if the massage therapy is performed in the
course of the practice for which the person is licensed.
(b) A person licensed as a barber or apprentice pursuant to chapter
643 of NRS if the person is massaging,
cleansing or stimulating the scalp, face, neck or skin within the
permissible scope of practice for a barber or apprentice pursuant to that
chapter.
(c) A person licensed or registered as an aesthetician,
cosmetologist or cosmetologist’s apprentice pursuant to chapter 644
of NRS if the person is massaging, cleansing
or stimulating the scalp, face, neck or skin within the permissible scope
of practice for an aesthetician, cosmetologist or cosmetologist’s
apprentice pursuant to that chapter.
(d) A person who is an employee of an athletic department of any
high school, college or university in this State and who, within the
scope of that employment, practices massage therapy on athletes.
(e) Students enrolled in a school of massage therapy recognized by
the Board.
(f) A person who practices massage therapy solely on members of his
immediate family.
(g) A person who performs any activity in a licensed brothel.
2. Except as otherwise provided in subsection 3, the provisions of
this chapter preempt the licensure and regulation of a massage therapist
by a county, city or town, including, without limitation, conducting a
criminal background investigation and examination of a massage therapist
or applicant for a license to practice massage therapy.
3. The provisions of this chapter do not prohibit a county, city
or town from requiring a massage therapist to obtain a license or permit
to transact business within the jurisdiction of the county, city or town,
if the license or permit is required of other persons, regardless of
occupation or profession, who transact business within the jurisdiction
of the county, city or town.
4. As used in this section, “immediate family” means persons who
are related by blood, adoption or marriage, within the second degree of
consanguinity or affinity.
(Added to NRS by 2005, 1120 )
BOARD OF MASSAGE THERAPISTS
Organization and Administration
1. The Board of Massage Therapists is hereby created. The Board
consists of seven members appointed pursuant to this section and one
nonvoting advisory member appointed pursuant to NRS 640C.160 .
2. The Governor shall appoint to the Board seven members as
follows:
(a) Six members who:
(1) Are licensed to practice massage therapy in this State;
and
(2) Have engaged in the practice of massage therapy for the
2 years immediately preceding their appointment.
Ê Of the six members appointed pursuant to this paragraph, three members
must be residents of Clark County, two members must be residents of
Washoe County and one member must be a resident of a county other than
Clark County or Washoe County.
(b) One member who is a member of the general public. This member
must not be:
(1) A massage therapist; or
(2) The spouse or the parent or child, by blood, marriage or
adoption, of a massage therapist.
3. The Governor may, in making his appointments to the Board
pursuant to paragraph (a) of subsection 2, consider for appointment to
the Board a person recommended to him by any person or group.
4. The members who are appointed to the Board pursuant to
paragraph (a) of subsection 2 must continue to practice massage therapy
in this State while they are members of the Board.
5. After the initial terms, the term of each member of the Board
is 4 years. A member may continue in office until the appointment of a
successor.
6. A member of the Board may not serve more than two consecutive
terms. A former member of the Board is eligible for reappointment to the
Board if that person has not served on the Board during the 4 years
immediately preceding the reappointment.
7. A vacancy must be filled by appointment for the unexpired term
in the same manner as the original appointment.
8. The Governor may remove any member of the Board for
incompetence, neglect of duty, moral turpitude or misfeasance,
malfeasance or nonfeasance in office.
(Added to NRS by 2005, 1120 )
1. The Governor shall appoint to the Board one nonvoting advisory
member.
2. The advisory member must be a person who:
(a) Is a resident of Clark County;
(b) Has been certified by the Peace Officers’ Standards and
Training Commission created pursuant to NRS 289.500 ; and
(c) Is actively serving or has retired from service as a police
officer with the Las Vegas Metropolitan Police Department.
3. The advisory member is subject to the provisions of NRS
640C.150 with regard to his terms,
reappointment, vacancy and removal.
4. The advisory member:
(a) Serves solely as an advisor to the Board.
(b) May be designated by the Board to assist in any investigation
conducted pursuant to this chapter.
(c) May not be counted in determining a quorum of the Board.
(d) May not vote on any matter before the Board.
5. The advisory member:
(a) Serves without salary or compensation.
(b) Is entitled to receive the per diem allowance and travel
expenses provided for in NRS 640C.170 .
6. If the advisory member is actively serving as a police officer,
the advisory member must be relieved from his duties without loss of his
regular compensation so that he may prepare for and attend meetings of
the Board and perform any work that is necessary to carry out his duties
with the Board in the most timely manner practicable. The advisory
member’s employer shall not require the advisory member to:
(a) Make up the time he is absent from work to carry out his duties
with the Board; or
(b) Take annual leave or compensatory time for the absence.
7. Notwithstanding any other provision of law, the advisory member:
(a) Is not disqualified from public employment or holding a public
office because of his membership on the Board; and
(b) Does not forfeit his public office or public employment because
of his membership on the Board.
(Added to NRS by 2005, 1121 )
Except as otherwise provided in NRS 640C.160 , while engaged in the business of the Board:
1. Each member of the Board is entitled to receive a salary of not
more than $80 per day, as established by the Board; and
2. Each member and 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 officers and employees of this
State generally.
(Added to NRS by 2005, 1123 )
1. At the first meeting of each fiscal year, the members of the
Board shall elect a Chairman, Vice Chairman and Secretary-Treasurer from
among the members.
2. The Board shall meet at least quarterly and may meet at other
times at the call of the Chairman or upon the written request of a
majority of the members of the Board.
3. The Board shall alternate the location of its meetings between
the southern district of Nevada and the northern district of Nevada. For
the purposes of this subsection:
(a) The southern district of Nevada consists of all that portion of
the State lying within the boundaries of the counties of Clark,
Esmeralda, Lincoln and Nye.
(b) The northern district of Nevada consists of all that portion of
the State lying within the boundaries of Carson City and the counties of
Churchill, Douglas, Elko, Eureka, Humboldt, Lander, Lyon, Mineral,
Pershing, Storey, Washoe and White Pine.
4. A meeting of the Board may be conducted telephonically or by
videoconferencing. A meeting conducted telephonically or by
videoconferencing must meet the requirements of chapter 241 of NRS and any other applicable provisions of law.
5. Four members of the Board constitute a quorum for the purposes
of transacting the business of the Board, including, without limitation,
issuing, renewing, suspending, revoking or reinstating a license issued
pursuant to this chapter.
(Added to NRS by 2005, 1122 )
1. The Attorney General and his deputies are hereby designated as
the attorneys for the Board.
2. The provisions of this section do not prevent the Board from
employing or retaining other attorneys as it may deem necessary to carry
out the provisions of this chapter.
(Added to NRS by 2005, 1123 )
1. The Board shall employ a person as the Executive Director of
the Board.
2. The Executive Director serves as the chief administrative
officer of the Board at a level of compensation set by the Board.
3. The Executive Director is an at-will employee who serves at the
pleasure of the Board.
(Added to NRS by 2005, 1123 )
1. The Board may employ or contract with inspectors,
investigators, advisers, examiners and clerks and any other persons
required to carry out its duties and secure the services of attorneys and
other professional consultants as it may deem necessary to carry out the
provisions of this chapter.
2. Each employee of the Board is an at-will employee who serves at
the pleasure of the Board. The Board may discharge an employee of the
Board for any reason that does not violate public policy, including,
without limitation, making a false representation to the Board.
(Added to NRS by 2005, 1123 )
The Board and any of its members and its
staff and employees, including, without limitation, inspectors,
investigators, advisers, examiners, clerks, counsel, experts, committees,
panels, hearing officers and consultants, are immune from civil liability
for any act performed in good faith and without malicious intent in the
execution of any duties pursuant to this chapter.
(Added to NRS by 2005, 1123 )
The Board shall adopt a fiscal year
beginning on July 1 and ending on June 30.
(Added to NRS by 2005, 1124 )
1. Except as otherwise provided in subsection 5, all reasonable
expenses incurred by the Board in carrying out the provisions of this
chapter must be paid from the money that it receives. No part of any
expenses of the Board may be paid from the State General Fund.
2. The Board may accept gifts, grants, donations and contributions
from any source to assist in carrying out the provisions of this chapter.
3. All money received by the Board must be deposited in a bank or
other financial institution in this State and paid out upon the Board’s
order for its expenses.
4. The Board may delegate to a hearing officer or panel its
authority to take any disciplinary action pursuant to this chapter,
impose and collect fines and penalties therefor, and deposit the money
therefrom in a bank or other financial institution in this State.
5. If a hearing officer or panel is not authorized to take
disciplinary action pursuant to subsection 4 and the Board deposits the
money collected from the imposition of fines with the State Treasurer for
credit to the State General Fund, it may present a claim to the State
Board of Examiners for recommendation to the Interim Finance Committee if
money is required to pay attorney’s fees or the costs of an
investigation, or both.
(Added to NRS by 2005, 1124 )
General Powers and Duties
The Board shall:
1. Adopt a seal of which each court in this State shall take
judicial notice;
2. Prepare and maintain a record of its proceedings and
transactions;
3. Review and evaluate applications for the licensing of massage
therapists;
4. Determine the qualifications and fitness of applicants;
5. Issue, renew, reinstate, revoke, suspend and deny licenses, as
appropriate;
6. Enforce the provisions of this chapter and any regulations
adopted pursuant thereto;
7. Investigate any complaints filed with the Board;
8. Impose any penalties it determines are required to administer
the provisions of this chapter; and
9. Transact any other business required to carry out its duties.
(Added to NRS by 2005, 1122 )
1. The Board shall prepare and maintain a separate list of:
(a) Persons issued a license;
(b) Applicants for a license; and
(c) Persons whose licenses have been revoked or suspended by the
Board.
2. The Board shall, upon request, disclose the information
included in each list and may charge a fee for a copy of the list. The
fee may not exceed the actual cost incurred by the Board to make a copy
of the list.
(Added to NRS by 2005, 1122 )
The Board shall adopt
regulations to carry out the provisions of this chapter. The regulations
must include, without limitation, provisions that:
1. Establish the requirements for continuing education for the
renewal of a license;
2. Establish the requirements for the approval of a course of
continuing education, including, without limitation, a course on a
specialty technique of massage therapy;
3. Establish the requirements for the approval of an instructor of
a course of continuing education;
4. Establish requirements relating to sanitation, hygiene and
safety relating to the practice of massage therapy;
5. Prescribe the requirements for any practical, oral or written
examination for a license that the Board may require, including, without
limitation, the passing grade for such an examination; and
6. Establish the period within which the Board or its designee
must report the results of the investigation of an applicant.
(Added to NRS by 2005, 1123 )
LICENSES
General Provisions
1. The Board may issue a license to practice massage therapy.
2. An applicant for a license must:
(a) Be at least 18 years of age;
(b) Submit to the Board:
(1) A completed application on a form prescribed by the
Board;
(2) The fees prescribed by the Board pursuant to NRS
640C.520 ;
(3) Proof that he has successfully completed a program of
massage therapy recognized by the Board;
(4) A certified statement issued by the licensing authority
in each state, territory or possession of the United States or the
District of Columbia in which the applicant is or has been licensed to
practice massage therapy verifying that:
(I) The applicant has not been involved in any
disciplinary action relating to his license to practice massage therapy;
and
(II) Disciplinary proceedings relating to his license
to practice massage therapy are not pending;
(5) Except as otherwise provided in NRS 640C.440 , a complete set of fingerprints and written
permission authorizing the Board to forward the fingerprints to the
Central Repository for Nevada Records of Criminal History for submission
to the Federal Bureau of Investigation for its report;
(6) The names and addresses of five natural persons not
related to the applicant and not business associates of the applicant who
are willing to serve as character references;
(7) A statement authorizing the Board or its designee to
conduct an investigation to determine the accuracy of any statements set
forth in the application; and
(8) If required by the Board, a financial questionnaire; and
(c) In addition to any examination required pursuant to NRS
640C.320 and except as otherwise
provided in subsection 3, pass a written examination administered by any
board that is accredited by the National Commission for Certifying
Agencies, or its successor organization, to examine massage therapists.
3. If the Board determines that the examinations being
administered pursuant to paragraph (c) of subsection 2 are inadequately
testing the knowledge and competency of applicants, the Board shall
prepare or cause to be prepared its own written examination to test the
knowledge and competency of applicants. Such an examination must be
offered not less than four times each year. The location of the
examination must alternate between Clark County and Washoe County. Upon
request, the Board must provide a list of approved interpreters at the
location of the examination to interpret the examination for an applicant
who, as determined by the Board, requires an interpreter for the
examination.
4. The Board shall recognize a program of massage therapy that is:
(a) Approved by the Commission on Postsecondary Education; or
(b) Offered by a public college in this State or any other state.
Ê The Board may recognize other programs of massage therapy.
5. The Board or its designee shall:
(a) Conduct an investigation to determine:
(1) The reputation and character of the applicant;
(2) The existence and contents of any record of arrests or
convictions of the applicant;
(3) The existence and nature of any pending litigation
involving the applicant that would affect his suitability for licensure;
and
(4) The accuracy and completeness of any information submitted
to the Board by the applicant;
(b) If the Board determines that it is unable to conduct a complete
investigation, require the applicant to submit a financial questionnaire
and investigate the financial background and each source of funding of
the applicant;
(c) Report the results of the investigation of the applicant within
the period the Board establishes by regulation pursuant to NRS 640C.320
; and
(d) Maintain the results of the investigation in a confidential
manner for use by the Board and its members and employees in carrying out
their duties pursuant to this chapter. The provisions of this paragraph
do not prohibit the Board or its members or employees from communicating
or cooperating with or providing any documents or other information to
any other licensing board or any other federal, state or local agency
that is investigating a person, including, without limitation, a law
enforcement agency.
(Added to NRS by 2005, 1125 )
1. The Board may issue a temporary license to practice massage
therapy.
2. An applicant for a temporary license issued pursuant to this
section must:
(a) Be at least 18 years of age; and
(b) Submit to the Board:
(1) A completed application on a form prescribed by the
Board;
(2) The fees prescribed by the Board pursuant to NRS
640C.520 ;
(3) Proof that he has successfully completed a program of
massage therapy recognized by the Board pursuant to NRS 640C.400 ;
(4) Proof that he:
(I) Has taken the examination required pursuant to NRS
640C.400 ; or
(II) Is scheduled to take such an examination within
90 days after the date of application;
(5) An affidavit indicating that he has not committed any of
the offenses for which the Board may refuse to issue a license pursuant
to NRS 640C.700 ;
(6) A certified statement issued by the licensing authority
in each state, territory or possession of the United States or the
District of Columbia in which the applicant is or has been licensed to
practice massage therapy verifying that:
(I) The applicant has not been involved in any
disciplinary action relating to his license to practice massage therapy;
and
(II) Disciplinary proceedings relating to his license
to practice massage therapy are not pending; and
(7) Except as otherwise provided in NRS 640C.440 , a complete set of fingerprints and written
permission authorizing the Board to forward the fingerprints to the
Central Repository for Nevada Records of Criminal History for submission
to the Federal Bureau of Investigation for its report.
3. A temporary license issued pursuant to this section expires 90
days after the date the Board issues the temporary license. The Board
shall not renew the temporary license.
4. A person who holds a temporary license:
(a) May practice massage therapy only under the supervision of a
fully licensed massage therapist and only in accordance with the
provisions of this chapter and the regulations of the Board;
(b) Must comply with any other conditions, limitations and
requirements imposed on the temporary license by the Board;
(c) Is subject to the regulatory and disciplinary authority of the
Board to the same extent as a fully licensed massage therapist; and
(d) Remains subject to the regulatory and disciplinary authority of
the Board after the expiration of the temporary license for all acts
relating to the practice of massage therapy which occurred during the
period of temporary licensure.
5. As used in this section, “fully licensed massage therapist”
means a person who holds a license to practice massage therapy issued
pursuant to NRS 640C.400 or 640C.420
.
(Added to NRS by 2005, 1126 )
1. Notwithstanding the provisions of NRS 640C.400 and except as otherwise provided in
subsection 3, the Board may issue a license to an applicant who holds a
current license to practice massage therapy issued by another state,
territory or possession of the United States or the District of Columbia.
2. An applicant for a license issued by the Board pursuant to
subsection 1 must submit to the Board:
(a) A completed application on a form prescribed by the Board;
(b) The fees prescribed by the Board pursuant to NRS 640C.520
;
(c) A notarized statement signed by the applicant that states:
(1) Whether any disciplinary proceedings relating to his
license to practice massage therapy have at any time been instituted
against him; and
(2) Whether he has been arrested or convicted, within the
immediately preceding 10 years, for any crime involving violence,
prostitution or any other sexual offense; and
(d) A certified statement issued by the licensing authority in each
state, territory or possession of the United States or the District of
Columbia in which the applicant is or has been licensed to practice
massage therapy during the immediately preceding 10 years verifying that:
(1) The applicant has not been involved in any disciplinary
action relating to his license to practice massage therapy; and
(2) Disciplinary proceedings relating to his license to
practice massage therapy are not pending.
3. The Board shall not issue a license pursuant to this section
unless the state, territory or possession of the United States or the
District of Columbia in which the applicant is licensed had requirements
at the time the license was issued that the Board determines are
substantially equivalent to the requirements for a license to practice
massage therapy set forth in this chapter.
(Added to NRS by 2005, 1128 )
[Effective until the date of the repeal of the federal law requiring each
state to establish procedures for withholding, suspending and restricting
the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating
to paternity or child support proceedings.]
1. In addition to any other requirements set forth in this chapter:
(a) An applicant for the issuance of a license as a massage
therapist 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
massage therapist shall 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 massage therapist 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 he 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 he 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 2005, 1128 )
[Effective on the date of the repeal of the federal law requiring each
state to establish procedures for withholding, suspending and restricting
the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating
to paternity or child support proceedings 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
massage therapist shall 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 massage therapist 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 he 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 he 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 2005, 1128 , effective on the date of the repeal of
the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational
and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child
support proceedings)
1. The Board of Massage Therapists and the State Board of
Cosmetology shall, to the extent practicable, reduce duplication in the
licensing procedure for a qualified applicant who is applying to the
Board of Massage Therapists for a license to practice pursuant to this
chapter and who is also applying to the State Board of Cosmetology for a
license to practice pursuant to chapter 644
of NRS, if both applications are filed not more than 60 days apart.
2. If a qualified applicant submits an application to the State
Board of Cosmetology for a license to practice pursuant to chapter 644
of NRS and, not later than 60 days after that
application, the applicant also submits an application to the Board of
Massage Therapists for a license to practice pursuant to this chapter:
(a) The applicant is not required to submit a set of fingerprints
to the Board of Massage Therapists if the applicant submitted a set of
fingerprints with his application to the State Board of Cosmetology;
(b) The Board of Massage Therapists shall request from the State
Board of Cosmetology a copy of any reports relating to a background
investigation of the applicant;
(c) Upon receiving such a request, the State Board of Cosmetology
shall provide to the Board of Massage Therapists any reports relating to
a background investigation of the applicant; and
(d) The Board of Massage Therapists shall use the reports provided
by the State Board of Cosmetology in reviewing the application for a
license to practice pursuant to this chapter, except that the Board of
Massage Therapists may conduct its own background investigation of the
applicant if the Board of Massage Therapists deems it to be necessary.
(Added to NRS by 2005, 1127 )
Each licensee shall display his
license in a conspicuous manner at each location where he practices
massage therapy.
(Added to NRS by 2005, 1129 )
Expiration and Renewal; Fees
1. Each license expires on the last day of the month in which it
was issued in the next succeeding calendar year and may be renewed if,
before the license expires, the holder of the license submits to the
Board:
(a) A completed application for renewal on a form prescribed by the
Board;
(b) Proof of his completion of the requirements for continuing
education prescribed by the Board pursuant to the regulations adopted by
the Board under NRS 640C.320 ; and
(c) The fee for renewal of the license prescribed by the Board
pursuant to NRS 640C.520 .
2. A license that expires pursuant to this section may be restored
if the applicant:
(a) Complies with the provisions of subsection 1; and
(b) Submits to the Board the fees prescribed by the Board pursuant
to NRS 640C.520 :
(1) For the restoration of an expired license; and
(2) For each year that the license was expired, for the
renewal of a license.
3. The Board shall send a notice of renewal to each holder of a
license not later than 60 days before his license expires. The notice
must include a statement setting forth the provisions of this section and
the amount of the fee for renewal of the license.
(Added to NRS by 2005, 1129 )
1. Upon written request to the Board, a holder of a license in
good standing may cause his name and license to be transferred to an
inactive list. The holder of the license may not practice massage therapy
during the time the license is inactive, and no renewal fee accrues.
2. If an inactive holder of a license desires to resume the
practice of massage therapy, the Board shall renew the license upon:
(a) Demonstration, if deemed necessary by the Board, that the
holder of the license is then qualified and competent to practice;
(b) Completion and submission of an application; and
(c) Payment of the current fee for renewal of the license.
(Added to NRS by 2005, 1130 )
1. The Board shall establish a schedule of fees and charges. The
fees for the following items must not exceed the following amounts:
An examination established by the Board pursuant to this
chapter.............. $600
An application for a
license....................................................................
................ 300
An application for a license without an
examination.......................................... 300
A background check of an
applicant..................................................................
.. 600
The issuance of a
license....................................................................
.................... 400
The renewal of a
license....................................................................
...................... 200
The restoration of an expired
license....................................................................
500
The reinstatement of a suspended or revoked
license....................................... 500
The issuance of a duplicate
license....................................................................
.... 75
The restoration of an inactive
license...................................................................
300
2. The total fees collected by the Board pursuant to this section
must not exceed the amount of money necessary for the operation of the
Board and for the maintenance of an adequate reserve.
(Added to NRS by 2005, 1129 )
DISCIPLINARY ACTION
The Board may
refuse to issue a license to an applicant, or may initiate disciplinary
action against a holder of a license, if the applicant or holder of the
license:
1. Has submitted false, fraudulent or misleading information to
the Board or any agency of this State, any other state, a territory or
possession of the United States, the District of Columbia or the Federal
Government;
2. Has violated any provision of this chapter or any regulation
adopted pursuant thereto;
3. Has been convicted of a crime involving violence, prostitution
or any other sexual offense, a crime involving any type of larceny, a
crime relating to a controlled substance, a crime involving any federal
or state law or regulation relating to massage therapy or a substantially
similar business, or a crime involving moral turpitude within the
immediately preceding 10 years.
4. Has engaged in or solicited sexual activity during the course
of practicing massage on a person, with or without the consent of the
person, including, without limitation, if the applicant or holder of the
license:
(a) Made sexual advances toward the person;
(b) Requested sexual favors from the person; or
(c) Massaged, touched or applied any instrument to the breasts of
the person, unless the person has signed a written consent form provided
by the Board;
5. Has habitually abused alcohol or is addicted to a controlled
substance;
6. Is, in the judgment of the Board, guilty of gross negligence in
his practice of massage therapy;
7. Is determined by the Board to be professionally incompetent to
engage in the practice of massage therapy;
8. Has failed to provide information requested by the Board within
60 days after he received the request;
9. Has, in the judgment of the Board, engaged in unethical or
unprofessional conduct as it relates to the practice of massage therapy;
10. Has been disciplined in another state, a territory or
possession of the United States or the District of Columbia for conduct
that would be a violation of the provisions of this chapter or any
regulations adopted pursuant thereto if the conduct were committed in
this State;
11. Has solicited or received compensation for services relating
to the practice of massage therapy that he did not provide;
12. If the holder of the license is on probation, has violated the
terms of his probation; or
13. Has engaged in false, deceptive or misleading advertising,
including, without limitation, falsely, deceptively or misleadingly
advertising that he has received training in a specialty technique of
massage for which he has not received training, practicing massage
therapy under an assumed name and impersonating a licensed massage
therapist.
(Added to NRS by 2005, 1130 )
1. If, after notice and a hearing as required by law, the Board
finds one or more grounds for taking disciplinary action, the Board may:
(a) Place the applicant or holder of the license on probation for a
specified period or until further order of the Board;
(b) Administer to the applicant or holder of the license a public
reprimand;
(c) Refuse to issue, renew, reinstate or restore the license;
(d) Suspend or revoke the license;
(e) Impose an administrative fine of not more than $1,000 per day
for each day for which the Board determines that a violation occurred;
(f) Require the applicant or holder of the license to pay the costs
incurred by the Board to conduct the investigation and hearing; or
(g) Impose any combination of actions set forth in paragraphs (a)
to (f), inclusive.
2. The order of the Board may contain such other terms, provisions
or conditions as the Board deems appropriate.
3. The order of the Board and the findings of fact and conclusions
of law supporting that order are public records.
4. The Board shall not issue a private reprimand.
(Added to NRS by 2005, 1131 )
Notwithstanding any
other statute to the contrary:
1. If the Board finds that immediate action is necessary to
protect the health, safety or welfare of the public, the Board may, upon
providing notice to the massage therapist, temporarily suspend his
license for a period not to exceed 30 days. For good cause, the Board may
extend the period of the temporary suspension if the Board deems such
action to be necessary to protect the health, safety or welfare of the
public pending proceedings for disciplinary action. In any such case, a
hearing must be held and a final decision rendered regarding whether to
extend the period of the temporary suspension not later than 30 days
after the date on which the Board notifies the massage therapist of the
temporary suspension.
2. If a massage therapist is charged with or cited for a crime
involving violence, prostitution or any other sexual offense, the
appropriate law enforcement agency shall report the charge or citation to
the Executive Director. Upon receiving such a report, the Executive
Director shall immediately issue a cease and desist order temporarily
suspending the license of the massage therapist. The temporary suspension
of the license is effective immediately upon issuance of the cease and
desist order and must not exceed 15 days. For good cause, the Board may
extend the period of the temporary suspension if the Board deems such
action to be necessary to protect the health, safety or welfare of the
public pending proceedings for disciplinary action. In any such case, a
hearing must be held and a final decision rendered regarding whether to
extend the period of the temporary suspension not later than 15 days
after the date on which the Executive Director issues the cease and
desist order.
3. If the Board or the Executive Director issues an order
temporarily suspending the license of a massage therapist pending
proceedings for disciplinary action, a court shall not stay that order.
(Added to NRS by 2005, 1132 )
[Expires by limitation 2 years after the date of the repeal of
the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational
and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child
support proceedings.]
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 the holder of a
license, 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:
(a) 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 ; and
(b) The licensee pays the fee for reinstatement of the license
prescribed by the Board pursuant to NRS 640C.520 .
(Added to NRS by 2005, 1128 )
1. If any member of the Board or the Executive Director becomes
aware of any ground for initiating disciplinary action against a holder
of a license, the member or Executive Director shall file a written
complaint with the Board.
2. The complaint must specifically:
(a) Set forth the relevant facts; and
(b) Charge one or more grounds for initiating disciplinary action.
3. As soon as practicable after the filing of the complaint, an
investigation of the complaint must be conducted to determine whether the
allegations in the complaint merit the initiation of disciplinary
proceedings against the holder of the license.
(Added to NRS by 2005, 1131 )
1. The Board may conduct investigations and hold hearings to carry
out its duties pursuant to this chapter.
2. In such a hearing:
(a) Any member of the Board may administer oaths and examine
witnesses; and
(b) The Board or any member thereof may issue subpoenas to compel
the attendance of witnesses and the production of books and papers.
3. Each witness who is subpoenaed to appear before the Board is
entitled to receive for his attendance the same fees and mileage allowed
by law for a witness in a civil case. The amount must be paid by the
party who requested the subpoena. If any witness who has not been
required to attend at the request of any party is subpoenaed by the
Board, his fees and mileage must be paid by the Board from money
available for that purpose.
4. If any person fails to comply with the subpoena within 10 days
after it is issued, the Chairman of the Board may petition a court of
competent jurisdiction for an order of the court compelling compliance
with the subpoena.
5. Upon the filing of such a petition, the court shall enter an
order directing the person subpoenaed to appear before the court at a
time and place to be fixed by the court in its order, the time to be not
more than 10 days after the date of the order, and to show cause why he
has not complied with the subpoena. A certified copy of the order must be
served upon the person subpoenaed.
6. If it appears to the court that the subpoena was regularly
issued by the Board, the court shall enter an order compelling compliance
with the subpoena. The failure of the person to comply with the order is
a contempt of the court that issued the order.
(Added to NRS by 2005, 1132 )
1. Except as otherwise provided in this section, 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 documents filed with the Board to initiate
disciplinary action 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 federal, state or
local agency that is investigating a person, including, without
limitation, a law enforcement agency.
(Added to NRS by 2005, 1133 )
UNLAWFUL ACTS; REMEDIES; PENALTIES
1. If the Board determines that a person has violated or is about
to violate any provision of this chapter, the Board may bring an action
in a court of competent jurisdiction to enjoin the person from engaging
in or continuing the violation.
2. An injunction:
(a) May be issued without proof of actual damage sustained by any
person.
(b) Does not prohibit the criminal prosecution and punishment of
the person who commits the violation.
(Added to NRS by 2005, 1124 )
1. If a person is not licensed to practice massage therapy
pursuant to this chapter, the person shall not:
(a) Engage in the practice of massage therapy; or
(b) Use in connection with his name the words or letters “L.M.T.,”
“licensed massage therapist,” “licensed massage technician,” “M.T.,”
“massage technician” or “massage therapist,” or any other letters, words
or insignia indicating or implying that he is licensed to practice
massage therapy, or in any other way, orally, or in writing or print, or
by sign, directly or by implication, use the word “massage” or represent
himself as licensed or qualified to engage in the practice of massage
therapy.
2. If a person’s license to practice massage therapy pursuant to
this chapter has expired or has been suspended or revoked by the Board,
the person shall not:
(a) Engage in the practice of massage therapy; or
(b) Use in connection with his name the words or letters “L.M.T.,”
“licensed massage therapist,” “licensed massage technician,” “M.T.,”
“massage technician” or “massage therapist,” or any other letters, words
or insignia indicating or implying that he is licensed to practice
massage therapy, or in any other way, orally, or in writing or print, or
by sign, directly or by implication, use the word “massage” or represent
himself as licensed or qualified to engage in the practice of massage
therapy.
3. A person who violates any provision of this section is guilty
of a misdemeanor.
(Added to NRS by 2005, 1124 )
