2005 Nevada Revised Statutes - Chapter 640C — Massage Therapists

CHAPTER 640C - MASSAGE THERAPISTS

GENERAL PROVISIONS

NRS 640C.010 Legislativedeclaration.

NRS 640C.020 Definitions.

NRS 640C.030 Boarddefined.

NRS 640C.040 Licensedefined.

NRS 640C.050 Massagetherapist defined.

NRS 640C.060 Massagetherapy defined.

NRS 640C.100 Applicability;preemption of certain local regulation.

BOARD OF MASSAGE THERAPISTS

Organization and Administration

NRS 640C.150 Creation;appointment and qualifications of members; terms, vacancies and removal fromoffice.

NRS 640C.160 Appointmentof nonvoting advisory member.

NRS 640C.170 Salaryof members; per diem allowance and travel expenses.

NRS 640C.180 Electionof Chairman, Vice Chairman and Secretary-Treasurer; meetings; quorum.

NRS 640C.190 Attorneysfor Board.

NRS 640C.200 Employmentof Executive Director.

NRS 640C.210 Employmentof other personnel.

NRS 640C.220 Immunity.

NRS 640C.230 Fiscalyear.

NRS 640C.240 Paymentof expenses; deposit of money; delegation of authority to take disciplinaryaction; deposit of fines imposed by Board; presentment of claims for attorneysfees and costs of investigation.

 

General Powers and Duties

NRS 640C.300 Duties.

NRS 640C.310 Preparation,maintenance and disclosure of certain information regarding applicants andlicensees.

NRS 640C.320 Adoptionof regulations.

LICENSES

General Provisions

NRS 640C.400 Issuanceof license; qualifications; requirements; application; fees; fingerprints;examination; investigation.

NRS 640C.410 Temporarylicense.

NRS 640C.420 Licensureof persons who are licensed in other jurisdictions.

NRS 640C.430 Paymentof child support: Submission of certain information by applicant; grounds fordenial of license; duty of Board. [Effective until the date of the repeal ofthe federal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings.]

NRS 640C.430 Paymentof child support: Submission of certain information by applicant; grounds fordenial of license; duty of Board. [Effective on the date of the repeal of thefederal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings and expires bylimitation 2 years after that date.]

NRS 640C.440 Reductionof duplication in licensing procedure.

NRS 640C.450 Displayof license.

 

Expiration and Renewal; Fees

NRS 640C.500 Expirationand restoration of licenses; procedure for renewal.

NRS 640C.510 Inactivestatus.

NRS 640C.520 Feesand charges.

DISCIPLINARY ACTION

NRS 640C.700 Groundsfor disciplinary action.

NRS 640C.710 Authorizeddisciplinary action; orders imposing discipline deemed public records; privatereprimands prohibited.

NRS 640C.720 Temporarysuspension of license.

NRS 640C.730 Suspensionof license for failure to pay child support or comply with certain subpoenas orwarrants; reinstatement of license. [Expires by limitation 2 years after thedate of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings.]

NRS 640C.740 Complaint;investigation.

NRS 640C.750 Investigationsand hearings; examination of witnesses; payment of fees and mileage; issuanceand enforcement of subpoenas.

NRS 640C.760 Confidentialityof certain records of Board; exceptions.

UNLAWFUL ACTS; REMEDIES; PENALTIES

NRS 640C.900 Injunction.

NRS 640C.910 Certainacts prohibited without license; penalties.

_________

GENERAL PROVISIONS

NRS 640C.010 Legislativedeclaration. The Legislature finds anddeclares that:

1. The practice of massage therapy by persons who donot possess sufficient knowledge of anatomy and physiology or an understandingof the relationship between the structure and function of the tissues beingtreated and the total function of the body may endanger the health, welfare andsafety of the residents of this State.

2. To protect the residents of this State, it isnecessary to license and regulate the practice of massage therapy.

(Added to NRS by 2005, 1119)

NRS 640C.020 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS640C.030 to 640C.060, inclusive,have the meanings ascribed to them in those sections.

(Added to NRS by 2005, 1119)

NRS 640C.030 Boarddefined. Board means the Board of MassageTherapists.

(Added to NRS by 2005, 1119)

NRS 640C.040 Licensedefined. License means a license issued bythe Board.

(Added to NRS by 2005, 1119)

NRS 640C.050 Massagetherapist defined. Massage therapist meansa person who is licensed pursuant to the provisions of this chapter to engagein the practice of massage therapy.

(Added to NRS by 2005, 1119)

NRS 640C.060 Massagetherapy defined.

1. Massage therapy means the application of a systemof pressure to the muscular structure and soft tissues of the human body fortherapeutic purposes, including, without limitation:

(a) Effleurage;

(b) Petrissage;

(c) Tapotement;

(d) Compressions;

(e) Vibration;

(f) Friction; and

(g) Movements applied manually with or withoutsuperficial heat, cold, water or lubricants for the purpose of maintaining goodhealth and establishing and maintaining good physical condition.

2. The term does not include:

(a) Diagnosis, adjustment, mobilization or manipulationof any articulations of the body or spine; or

(b) Reflexology.

(Added to NRS by 2005, 1119)

NRS 640C.100 Applicability;preemption of certain local regulation.

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 performedin the course of the practice for which the person is licensed.

(b) A person licensed as a barber or apprenticepursuant to chapter 643 of NRS if the personis massaging, cleansing or stimulating the scalp, face, neck or skin within thepermissible scope of practice for a barber or apprentice pursuant to thatchapter.

(c) A person licensed or registered as an aesthetician,cosmetologist or cosmetologists apprentice pursuant to chapter 644 of NRS if the person is massaging,cleansing or stimulating the scalp, face, neck or skin within the permissiblescope of practice for an aesthetician, cosmetologist or cosmetologistsapprentice pursuant to that chapter.

(d) A person who is an employee of an athleticdepartment 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 therapyrecognized by the Board.

(f) A person who practices massage therapy solely onmembers of his immediate family.

(g) A person who performs any activity in a licensedbrothel.

2. Except as otherwise provided in subsection 3, theprovisions of this chapter preempt the licensure and regulation of a massagetherapist by a county, city or town, including, without limitation, conductinga criminal background investigation and examination of a massage therapist orapplicant for a license to practice massage therapy.

3. The provisions of this chapter do not prohibit acounty, city or town from requiring a massage therapist to obtain a license orpermit to transact business within the jurisdiction of the county, city ortown, if the license or permit is required of other persons, regardless ofoccupation or profession, who transact business within the jurisdiction of thecounty, city or town.

4. As used in this section, immediate family meanspersons who are related by blood, adoption or marriage, within the second degreeof consanguinity or affinity.

(Added to NRS by 2005, 1120)

BOARD OF MASSAGE THERAPISTS

Organization and Administration

NRS 640C.150 Creation;appointment and qualifications of members; terms, vacancies and removal fromoffice.

1. The Board of Massage Therapists is hereby created.The Board consists of seven members appointed pursuant to this section and onenonvoting advisory member appointed pursuant to NRS 640C.160.

2. The Governor shall appoint to the Board sevenmembers as follows:

(a) Six members who:

(1) Are licensed to practice massage therapy inthis State; and

(2) Have engaged in the practice of massagetherapy for the 2 years immediately preceding their appointment.

Of the sixmembers appointed pursuant to this paragraph, three members must be residentsof Clark County, two members must be residents of Washoe County and one membermust 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 theBoard pursuant to paragraph (a) of subsection 2, consider for appointment tothe Board a person recommended to him by any person or group.

4. The members who are appointed to the Board pursuantto paragraph (a) of subsection 2 must continue to practice massage therapy inthis State while they are members of the Board.

5. After the initial terms, the term of each member ofthe Board is 4 years. A member may continue in office until the appointment ofa successor.

6. A member of the Board may not serve more than twoconsecutive terms. A former member of the Board is eligible for reappointmentto the Board if that person has not served on the Board during the 4 yearsimmediately preceding the reappointment.

7. A vacancy must be filled by appointment for theunexpired term in the same manner as the original appointment.

8. The Governor may remove any member of the Board forincompetence, neglect of duty, moral turpitude or misfeasance, malfeasance ornonfeasance in office.

(Added to NRS by 2005, 1120)

NRS 640C.160 Appointmentof nonvoting advisory member.

1. The Governor shall appoint to the Board onenonvoting 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 Standardsand Training Commission created pursuant to NRS289.500; and

(c) Is actively serving or has retired from service asa police officer with the Las Vegas Metropolitan Police Department.

3. The advisory member is subject to the provisions ofNRS 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 anyinvestigation conducted pursuant to this chapter.

(c) May not be counted in determining a quorum of theBoard.

(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 andtravel expenses provided for in NRS640C.170.

6. If the advisory member is actively serving as apolice officer, the advisory member must be relieved from his duties withoutloss of his regular compensation so that he may prepare for and attend meetingsof the Board and perform any work that is necessary to carry out his dutieswith the Board in the most timely manner practicable. The advisory membersemployer shall not require the advisory member to:

(a) Make up the time he is absent from work to carryout his duties with the Board; or

(b) Take annual leave or compensatory time for theabsence.

7. Notwithstanding any other provision of law, theadvisory member:

(a) Is not disqualified from public employment orholding a public office because of his membership on the Board; and

(b) Does not forfeit his public office or publicemployment because of his membership on the Board.

(Added to NRS by 2005, 1121)

NRS 640C.170 Salaryof members; per diem allowance and travel expenses. Exceptas otherwise provided in NRS 640C.160,while engaged in the business of the Board:

1. Each member of the Board is entitled to receive asalary of not more than $80 per day, as established by the Board; and

2. Each member and employee of the Board is entitledto receive a per diem allowance and travel expenses at a rate fixed by theBoard. The rate must not exceed the rate provided for officers and employees ofthis State generally.

(Added to NRS by 2005, 1123)

NRS 640C.180 Electionof Chairman, Vice Chairman and Secretary-Treasurer; meetings; quorum.

1. At the first meeting of each fiscal year, themembers of the Board shall elect a Chairman, Vice Chairman andSecretary-Treasurer from among the members.

2. The Board shall meet at least quarterly and maymeet at other times at the call of the Chairman or upon the written request ofa majority of the members of the Board.

3. The Board shall alternate the location of itsmeetings between the southern district of Nevada and the northern district ofNevada. For the purposes of this subsection:

(a) The southern district of Nevada consists of allthat 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 allthat portion of the State lying within the boundaries of Carson City and thecounties of Churchill, Douglas, Elko, Eureka, Humboldt, Lander, Lyon, Mineral,Pershing, Storey, Washoe and White Pine.

4. A meeting of the Board may be conductedtelephonically or by videoconferencing. A meeting conducted telephonically orby videoconferencing must meet the requirements of chapter241 of NRS and any other applicable provisions of law.

5. Four members of the Board constitute a quorum forthe purposes of transacting the business of the Board, including, withoutlimitation, issuing, renewing, suspending, revoking or reinstating a licenseissued pursuant to this chapter.

(Added to NRS by 2005, 1122)

NRS 640C.190 Attorneysfor Board.

1. The Attorney General and his deputies are herebydesignated as the attorneys for the Board.

2. The provisions of this section do not prevent theBoard from employing or retaining other attorneys as it may deem necessary tocarry out the provisions of this chapter.

(Added to NRS by 2005, 1123)

NRS 640C.200 Employmentof Executive Director.

1. The Board shall employ a person as the ExecutiveDirector of the Board.

2. The Executive Director serves as the chiefadministrative officer of the Board at a level of compensation set by theBoard.

3. The Executive Director is an at-will employee whoserves at the pleasure of the Board.

(Added to NRS by 2005, 1123)

NRS 640C.210 Employmentof other personnel.

1. The Board may employ or contract with inspectors,investigators, advisers, examiners and clerks and any other persons required tocarry out its duties and secure the services of attorneys and otherprofessional consultants as it may deem necessary to carry out the provisionsof this chapter.

2. Each employee of the Board is an at-will employeewho serves at the pleasure of the Board. The Board may discharge an employee ofthe 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)

NRS 640C.220 Immunity. The Board and any of its members and its staff andemployees, including, without limitation, inspectors, investigators, advisers,examiners, clerks, counsel, experts, committees, panels, hearing officers andconsultants, are immune from civil liability for any act performed in goodfaith and without malicious intent in the execution of any duties pursuant tothis chapter.

(Added to NRS by 2005, 1123)

NRS 640C.230 Fiscalyear. The Board shall adopt a fiscal yearbeginning on July 1 and ending on June 30.

(Added to NRS by 2005, 1124)

NRS 640C.240 Paymentof expenses; deposit of money; delegation of authority to take disciplinaryaction; deposit of fines imposed by Board; presentment of claims for attorneysfees and costs of investigation.

1. Except as otherwise provided in subsection 5, allreasonable expenses incurred by the Board in carrying out the provisions ofthis chapter must be paid from the money that it receives. No part of anyexpenses of the Board may be paid from the State General Fund.

2. The Board may accept gifts, grants, donations andcontributions from any source to assist in carrying out the provisions of thischapter.

3. All money received by the Board must be depositedin a bank or other financial institution in this State and paid out upon theBoards order for its expenses.

4. The Board may delegate to a hearing officer orpanel its authority to take any disciplinary action pursuant to this chapter,impose and collect fines and penalties therefor, and deposit the moneytherefrom in a bank or other financial institution in this State.

5. If a hearing officer or panel is not authorized totake disciplinary action pursuant to subsection 4 and the Board deposits themoney collected from the imposition of fines with the State Treasurer forcredit to the State General Fund, it may present a claim to the State Board ofExaminers for recommendation to the Interim Finance Committee if money isrequired to pay attorneys fees or the costs of an investigation, or both.

(Added to NRS by 2005, 1124)

General Powers and Duties

NRS 640C.300 Duties. The Board shall:

1. Adopt a seal of which each court in this Stateshall take judicial notice;

2. Prepare and maintain a record of its proceedingsand transactions;

3. Review and evaluate applications for the licensingof massage therapists;

4. Determine the qualifications and fitness ofapplicants;

5. Issue, renew, reinstate, revoke, suspend and denylicenses, as appropriate;

6. Enforce the provisions of this chapter and anyregulations adopted pursuant thereto;

7. Investigate any complaints filed with the Board;

8. Impose any penalties it determines are required toadminister the provisions of this chapter; and

9. Transact any other business required to carry outits duties.

(Added to NRS by 2005, 1122)

NRS 640C.310 Preparation,maintenance and disclosure of certain information regarding applicants andlicensees.

1. The Board shall prepare and maintain a separatelist of:

(a) Persons issued a license;

(b) Applicants for a license; and

(c) Persons whose licenses have been revoked orsuspended by the Board.

2. The Board shall, upon request, disclose theinformation 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 ofthe list.

(Added to NRS by 2005, 1122)

NRS 640C.320 Adoptionof regulations. The Board shall adoptregulations to carry out the provisions of this chapter. The regulations mustinclude, without limitation, provisions that:

1. Establish the requirements for continuing educationfor the renewal of a license;

2. Establish the requirements for the approval of acourse of continuing education, including, without limitation, a course on aspecialty technique of massage therapy;

3. Establish the requirements for the approval of aninstructor 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, oralor 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 itsdesignee must report the results of the investigation of an applicant.

(Added to NRS by 2005, 1123)

LICENSES

General Provisions

NRS 640C.400 Issuanceof license; qualifications; requirements; application; fees; fingerprints;examination; investigation.

1. The Board may issue a license to practice massagetherapy.

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 prescribedby the Board;

(2) The fees prescribed by the Board pursuant toNRS 640C.520;

(3) Proof that he has successfully completed aprogram of massage therapy recognized by the Board;

(4) A certified statement issued by thelicensing authority in each state, territory or possession of the United Statesor the District of Columbia in which the applicant is or has been licensed topractice massage therapy verifying that:

(I) The applicant has not been involved inany disciplinary action relating to his license to practice massage therapy;and

(II) Disciplinary proceedings relating tohis license to practice massage therapy are not pending;

(5) Except as otherwise provided in NRS 640C.440, a complete set of fingerprintsand written permission authorizing the Board to forward the fingerprints to theCentral Repository for Nevada Records of Criminal History for submission to theFederal Bureau of Investigation for its report;

(6) The names and addresses of five naturalpersons not related to the applicant and not business associates of theapplicant who are willing to serve as character references;

(7) A statement authorizing the Board or itsdesignee to conduct an investigation to determine the accuracy of anystatements set forth in the application; and

(8) If required by the Board, a financialquestionnaire; and

(c) In addition to any examination required pursuant toNRS 640C.320 and except as otherwiseprovided in subsection 3, pass a written examination administered by any boardthat is accredited by the National Commission for Certifying Agencies, or itssuccessor organization, to examine massage therapists.

3. If the Board determines that the examinations beingadministered pursuant to paragraph (c) of subsection 2 are inadequately testingthe knowledge and competency of applicants, the Board shall prepare or cause tobe prepared its own written examination to test the knowledge and competency ofapplicants. Such an examination must be offered not less than four times eachyear. The location of the examination must alternate between Clark County andWashoe County. Upon request, the Board must provide a list of approvedinterpreters at the location of the examination to interpret the examinationfor an applicant who, as determined by the Board, requires an interpreter forthe examination.

4. The Board shall recognize a program of massagetherapy that is:

(a) Approved by the Commission on PostsecondaryEducation; or

(b) Offered by a public college in this State or anyother state.

The Boardmay 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 theapplicant;

(2) The existence and contents of any record ofarrests or convictions of the applicant;

(3) The existence and nature of any pendinglitigation involving the applicant that would affect his suitability forlicensure; and

(4) Theaccuracy and completeness of any information submitted to the Board by theapplicant;

(b) If the Board determines that it is unable to conducta complete investigation, require the applicant to submit a financialquestionnaire and investigate the financial background and each source offunding of the applicant;

(c) Report the results of the investigation of theapplicant within the period the Board establishes by regulation pursuant to NRS 640C.320; and

(d) Maintain the results of the investigation in aconfidential manner for use by the Board and its members and employees incarrying out their duties pursuant to this chapter. The provisions of thisparagraph do not prohibit the Board or its members or employees fromcommunicating or cooperating with or providing any documents or otherinformation to any other licensing board or any other federal, state or localagency that is investigating a person, including, without limitation, a law enforcementagency.

(Added to NRS by 2005, 1125)

NRS 640C.410 Temporarylicense.

1. The Board may issue a temporary license to practicemassage therapy.

2. An applicant for a temporary license issuedpursuant 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 prescribedby the Board;

(2) The fees prescribed by the Board pursuant toNRS 640C.520;

(3) Proof that he has successfully completed aprogram of massage therapy recognized by the Board pursuant to NRS 640C.400;

(4) Proof that he:

(I) Has taken the examination requiredpursuant to NRS 640C.400; or

(II) Is scheduled to take such anexamination within 90 days after the date of application;

(5) An affidavit indicating that he has notcommitted any of the offenses for which the Board may refuse to issue a licensepursuant to NRS 640C.700;

(6) A certified statement issued by thelicensing authority in each state, territory or possession of the United Statesor the District of Columbia in which the applicant is or has been licensed topractice massage therapy verifying that:

(I) The applicant has not been involved inany disciplinary action relating to his license to practice massage therapy;and

(II) Disciplinary proceedings relating tohis license to practice massage therapy are not pending; and

(7) Except as otherwise provided in NRS 640C.440, a complete set of fingerprintsand written permission authorizing the Board to forward the fingerprints to theCentral Repository for Nevada Records of Criminal History for submission to theFederal Bureau of Investigation for its report.

3. A temporary license issued pursuant to this sectionexpires 90 days after the date the Board issues the temporary license. TheBoard shall not renew the temporary license.

4. A person who holds a temporary license:

(a) May practice massage therapy only under thesupervision of a fully licensed massage therapist and only in accordance withthe provisions of this chapter and the regulations of the Board;

(b) Must comply with any other conditions, limitationsand requirements imposed on the temporary license by the Board;

(c) Is subject to the regulatory and disciplinaryauthority of the Board to the same extent as a fully licensed massagetherapist; and

(d) Remains subject to the regulatory and disciplinaryauthority of the Board after the expiration of the temporary license for allacts relating to the practice of massage therapy which occurred during theperiod of temporary licensure.

5. As used in this section, fully licensed massagetherapist means a person who holds a license to practice massage therapyissued pursuant to NRS 640C.400 or 640C.420.

(Added to NRS by 2005, 1126)

NRS 640C.420 Licensureof persons who are licensed in other jurisdictions.

1. Notwithstanding the provisions of NRS 640C.400 and except as otherwiseprovided in subsection 3, the Board may issue a license to an applicant whoholds 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 Boardpursuant to subsection 1 must submit to the Board:

(a) A completed application on a form prescribed by theBoard;

(b) The fees prescribed by the Board pursuant to NRS 640C.520;

(c) A notarized statement signed by the applicant thatstates:

(1) Whether any disciplinary proceedingsrelating to his license to practice massage therapy have at any time beeninstituted 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 licensingauthority in each state, territory or possession of the United States or theDistrict of Columbia in which the applicant is or has been licensed to practicemassage therapy during the immediately preceding 10 years verifying that:

(1) The applicant has not been involved in anydisciplinary action relating to his license to practice massage therapy; and

(2) Disciplinary proceedings relating to hislicense to practice massage therapy are not pending.

3. The Board shall not issue a license pursuant tothis section unless the state, territory or possession of the United States orthe District of Columbia in which the applicant is licensed had requirements atthe time the license was issued that the Board determines are substantiallyequivalent to the requirements for a license to practice massage therapy setforth in this chapter.

(Added to NRS by 2005, 1128)

NRS 640C.430 Paymentof child support: Submission of certain information by applicant; grounds fordenial of license; duty of Board. [Effective until the date of the repeal ofthe federal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings.]

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

(a) An applicant for the issuance of a license as amassage therapist shall include the social security number of the applicant inthe application submitted to the Board.

(b) An applicant for the issuance or renewal of alicense as a massage therapist shall submit to the Board the statementprescribed by the Division of Welfare and Supportive Services of the Departmentof Health and Human Services pursuant to NRS425.520. The statement must be completed and signed by the applicant.

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

(a) The application or any other forms that must besubmitted 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 issuedor renewed by the Board if the applicant:

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

(b) Indicates on the statement submitted pursuant tosubsection 1 that he is subject to a court order for the support of a child andis not in compliance with the order or a plan approved by the district attorneyor other public agency enforcing the order for the repayment of the amount owedpursuant to the order.

4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the Board shall advise theapplicant to contact the district attorney or other public agency enforcing theorder to determine the actions that the applicant may take to satisfy thearrearage.

(Added to NRS by 2005, 1128)

NRS 640C.430 Payment of child support: Submissionof certain information by applicant; grounds for denial of license; duty ofBoard. [Effective on the date of the repeal of the federal law requiring eachstate to establish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings and expires by limitation 2 years after thatdate.]

1. In addition to any other requirements set forth inthis chapter, an applicant for the issuance or renewal of a license as amassage therapist shall submit to the Board the statement prescribed by theDivision of Welfare and Supportive Services of the Department of Health andHuman Services pursuant to NRS 425.520.The statement must be completed and signed by the applicant.

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

(a) The application or any other forms that must besubmitted 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 issuedor renewed by the Board if the applicant:

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

(b) Indicates on the statement submitted pursuant tosubsection 1 that he is subject to a court order for the support of a child andis not in compliance with the order or a plan approved by the district attorneyor other public agency enforcing the order for the repayment of the amount owedpursuant to the order.

4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the Board shall advise theapplicant to contact the district attorney or other public agency enforcing theorder to determine the actions that the applicant may take to satisfy thearrearage.

(Added to NRS by 2005, 1128,effective on the date of the repeal of the federal law requiring each state toestablish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings)

NRS 640C.440 Reductionof duplication in licensing procedure.

1. The Board of Massage Therapists and the State Boardof Cosmetology shall, to the extent practicable, reduce duplication in thelicensing procedure for a qualified applicant who is applying to the Board ofMassage Therapists for a license to practice pursuant to this chapter and whois also applying to the State Board of Cosmetology for a license to practicepursuant to chapter 644 of NRS, if bothapplications are filed not more than 60 days apart.

2. If a qualified applicant submits an application tothe State Board of Cosmetology for a license to practice pursuant to chapter 644 of NRS and, not later than 60 daysafter that application, the applicant also submits an application to the Boardof Massage Therapists for a license to practice pursuant to this chapter:

(a) The applicant is not required to submit a set offingerprints to the Board of Massage Therapists if the applicant submitted aset of fingerprints with his application to the State Board of Cosmetology;

(b) The Board of Massage Therapists shall request fromthe State Board of Cosmetology a copy of any reports relating to a backgroundinvestigation of the applicant;

(c) Upon receiving such a request, the State Board ofCosmetology shall provide to the Board of Massage Therapists any reportsrelating to a background investigation of the applicant; and

(d) The Board of Massage Therapists shall use thereports provided by the State Board of Cosmetology in reviewing the applicationfor a license to practice pursuant to this chapter, except that the Board ofMassage Therapists may conduct its own background investigation of theapplicant if the Board of Massage Therapists deems it to be necessary.

(Added to NRS by 2005, 1127)

NRS 640C.450 Displayof license. Each licensee shall display hislicense in a conspicuous manner at each location where he practices massagetherapy.

(Added to NRS by 2005, 1129)

Expiration and Renewal; Fees

NRS 640C.500 Expirationand restoration of licenses; procedure for renewal.

1. Each license expires on the last day of the monthin which it was issued in the next succeeding calendar year and may be renewedif, before the license expires, the holder of the license submits to the Board:

(a) A completed application for renewal on a formprescribed by the Board;

(b) Proof of his completion of the requirements forcontinuing education prescribed by the Board pursuant to the regulationsadopted by the Board under NRS 640C.320;and

(c) The fee for renewal of the license prescribed bythe Board pursuant to NRS 640C.520.

2. A license that expires pursuant to this section maybe restored if the applicant:

(a) Complies with the provisions of subsection 1; and

(b) Submits to the Board the fees prescribed by theBoard 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 eachholder of a license not later than 60 days before his license expires. Thenotice must include a statement setting forth the provisions of this sectionand the amount of the fee for renewal of the license.

(Added to NRS by 2005, 1129)

NRS 640C.510 Inactivestatus.

1. Upon written request to the Board, a holder of alicense in good standing may cause his name and license to be transferred to aninactive list. The holder of the license may not practice massage therapyduring the time the license is inactive, and no renewal fee accrues.

2. If an inactive holder of a license desires toresume 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 thelicense.

(Added to NRS by 2005, 1130)

NRS 640C.520 Feesand charges.

1. The Board shall establish a schedule of fees andcharges. The fees for the following items must not exceed the followingamounts:

 

An examinationestablished by the Board pursuant to this chapter.............. $600

An application for alicense.................................................................................... 300

An application for alicense without an examination.......................................... 300

A background check ofan applicant.................................................................... 600

The issuance of alicense........................................................................................ 400

The renewal of alicense.......................................................................................... 200

The restoration of anexpired license.................................................................... 500

The reinstatement ofa suspended or revoked license....................................... 500

The issuance of aduplicate license........................................................................ 75

The restoration of aninactive license................................................................... 300

 

2. The total fees collected by the Board pursuant tothis section must not exceed the amount of money necessary for the operation ofthe Board and for the maintenance of an adequate reserve.

(Added to NRS by 2005, 1129)

DISCIPLINARY ACTION

NRS 640C.700 Groundsfor disciplinary action. The Board may refuseto issue a license to an applicant, or may initiate disciplinary action againsta holder of a license, if the applicant or holder of the license:

1. Has submitted false, fraudulent or misleadinginformation to the Board or any agency of this State, any other state, aterritory or possession of the United States, the District of Columbia or theFederal Government;

2. Has violated any provision of this chapter or anyregulation adopted pursuant thereto;

3. Has been convicted of a crime involving violence,prostitution or any other sexual offense, a crime involving any type oflarceny, a crime relating to a controlled substance, a crime involving anyfederal or state law or regulation relating to massage therapy or asubstantially similar business, or a crime involving moral turpitude within theimmediately preceding 10 years.

4. Has engaged in or solicited sexual activity duringthe course of practicing massage on a person, with or without the consent ofthe person, including, without limitation, if the applicant or holder of thelicense:

(a) Made sexual advances toward the person;

(b) Requested sexual favors from the person; or

(c) Massaged, touched or applied any instrument to thebreasts of the person, unless the person has signed a written consent formprovided by the Board;

5. Has habitually abused alcohol or is addicted to acontrolled substance;

6. Is, in the judgment of the Board, guilty of grossnegligence in his practice of massage therapy;

7. Is determined by the Board to be professionallyincompetent to engage in the practice of massage therapy;

8. Has failed to provide information requested by theBoard within 60 days after he received the request;

9. Has, in the judgment of the Board, engaged inunethical or unprofessional conduct as it relates to the practice of massagetherapy;

10. Has been disciplined in another state, a territoryor possession of the United States or the District of Columbia for conduct thatwould be a violation of the provisions of this chapter or any regulationsadopted pursuant thereto if the conduct were committed in this State;

11. Has solicited or received compensation forservices relating to the practice of massage therapy that he did not provide;

12. If the holder of the license is on probation, hasviolated the terms of his probation; or

13. Has engaged in false, deceptive or misleadingadvertising, including, without limitation, falsely, deceptively ormisleadingly advertising that he has received training in a specialty techniqueof massage for which he has not received training, practicing massage therapyunder an assumed name and impersonating a licensed massage therapist.

(Added to NRS by 2005, 1130)

NRS 640C.710 Authorizeddisciplinary action; orders imposing discipline deemed public records; privatereprimands prohibited.

1. If, after notice and a hearing as required by law,the Board finds one or more grounds for taking disciplinary action, the Boardmay:

(a) Place the applicant or holder of the license onprobation for a specified period or until further order of the Board;

(b) Administer to the applicant or holder of thelicense a public reprimand;

(c) Refuse to issue, renew, reinstate or restore thelicense;

(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 violationoccurred;

(f) Require the applicant or holder of the license topay the costs incurred by the Board to conduct the investigation and hearing;or

(g) Impose any combination of actions set forth inparagraphs (a) to (f), inclusive.

2. The order of the Board may contain such otherterms, provisions or conditions as the Board deems appropriate.

3. The order of the Board and the findings of fact andconclusions of law supporting that order are public records.

4. The Board shall not issue a private reprimand.

(Added to NRS by 2005, 1131)

NRS 640C.720 Temporarysuspension of license. Notwithstanding anyother statute to the contrary:

1. If the Board finds that immediate action isnecessary to protect the health, safety or welfare of the public, the Boardmay, upon providing notice to the massage therapist, temporarily suspend hislicense for a period not to exceed 30 days. For good cause, the Board mayextend the period of the temporary suspension if the Board deems such action tobe necessary to protect the health, safety or welfare of the public pendingproceedings for disciplinary action. In any such case, a hearing must be heldand a final decision rendered regarding whether to extend the period of the temporarysuspension not later than 30 days after the date on which the Board notifiesthe massage therapist of the temporary suspension.

2. If a massage therapist is charged with or cited fora crime involving violence, prostitution or any other sexual offense, theappropriate law enforcement agency shall report the charge or citation to theExecutive Director. Upon receiving such a report, the Executive Director shallimmediately issue a cease and desist order temporarily suspending the licenseof the massage therapist. The temporary suspension of the license is effectiveimmediately upon issuance of the cease and desist order and must not exceed 15days. For good cause, the Board may extend the period of the temporarysuspension if the Board deems such action to be necessary to protect thehealth, safety or welfare of the public pending proceedings for disciplinary action.In any such case, a hearing must be held and a final decision renderedregarding whether to extend the period of the temporary suspension not laterthan 15 days after the date on which the Executive Director issues the ceaseand desist order.

3. If the Board or the Executive Director issues anorder temporarily suspending the license of a massage therapist pendingproceedings for disciplinary action, a court shall not stay that order.

(Added to NRS by 2005, 1132)

NRS 640C.730 Suspensionof license for failure to pay child support or comply with certain subpoenas orwarrants; reinstatement of license. [Expires by limitation 2 years after thedate of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings.]

1. If the Board receives a copy of a court orderissued pursuant to NRS 425.540 thatprovides for the suspension of all professional, occupational and recreationallicenses, certificates and permits issued to a person who is the holder of alicense, the Board shall deem the license issued to that person to be suspendedat the end of the 30th day after the date on which the court order was issuedunless the Board receives a letter issued to the holder of the license by thedistrict attorney or other public agency pursuant to NRS 425.550 stating that the holder of thelicense has complied with the subpoena or warrant or has satisfied thearrearage pursuant to NRS 425.560.

2. The Board shall reinstate a license that has beensuspended by a district court pursuant to NRS425.540 if:

(a) The Board receives a letter issued by the districtattorney or other public agency pursuant to NRS425.550 to the person whose license was suspended stating that the personwhose license was suspended has complied with the subpoena or warrant or hassatisfied the arrearage pursuant to NRS425.560; and

(b) The licensee pays the fee for reinstatement of thelicense prescribed by the Board pursuant to NRS640C.520.

(Added to NRS by 2005, 1128)

NRS 640C.740 Complaint;investigation.

1. If any member of the Board or the ExecutiveDirector becomes aware of any ground for initiating disciplinary action againsta holder of a license, the member or Executive Director shall file a writtencomplaint with the Board.

2. The complaint must specifically:

(a) Set forth the relevant facts; and

(b) Charge one or more grounds for initiatingdisciplinary action.

3. As soon as practicable after the filing of thecomplaint, an investigation of the complaint must be conducted to determinewhether the allegations in the complaint merit the initiation of disciplinaryproceedings against the holder of the license.

(Added to NRS by 2005, 1131)

NRS 640C.750 Investigationsand hearings; examination of witnesses; payment of fees and mileage; issuanceand enforcement of subpoenas.

1. The Board may conduct investigations and holdhearings to carry out its duties pursuant to this chapter.

2. In such a hearing:

(a) Any member of the Board may administer oaths andexamine witnesses; and

(b) The Board or any member thereof may issue subpoenasto compel the attendance of witnesses and the production of books and papers.

3. Each witness who is subpoenaed to appear before theBoard is entitled to receive for his attendance the same fees and mileageallowed by law for a witness in a civil case. The amount must be paid by theparty who requested the subpoena. If any witness who has not been required toattend at the request of any party is subpoenaed by the Board, his fees andmileage must be paid by the Board from money available for that purpose.

4. If any person fails to comply with the subpoenawithin 10 days after it is issued, the Chairman of the Board may petition acourt of competent jurisdiction for an order of the court compelling compliancewith the subpoena.

5. Upon the filing of such a petition, the court shallenter an order directing the person subpoenaed to appear before the court at atime and place to be fixed by the court in its order, the time to be not morethan 10 days after the date of the order, and to show cause why he has notcomplied with the subpoena. A certified copy of the order must be served uponthe person subpoenaed.

6. If it appears to the court that the subpoena wasregularly issued by the Board, the court shall enter an order compellingcompliance with the subpoena. The failure of the person to comply with theorder is a contempt of the court that issued the order.

(Added to NRS by 2005, 1132)

NRS 640C.760 Confidentialityof certain records of Board; exceptions.

1. Except as otherwise provided in this section, acomplaint filed with the Board, all documents and other information filed withthe complaint and all documents and other information compiled as a result ofan investigation conducted to determine whether to initiate disciplinary actionagainst a person are confidential, unless the person submits a writtenstatement to the Board requesting that such documents and information be madepublic records.

2. The charging documents filed with the Board toinitiate disciplinary action and all documents and information considered bythe Board when determining whether to impose discipline are public records.

3. The provisions of this section do not prohibit theBoard from communicating or cooperating with or providing any documents orother information to any other licensing board or any other federal, state orlocal agency that is investigating a person, including, without limitation, alaw enforcement agency.

(Added to NRS by 2005, 1133)

UNLAWFUL ACTS; REMEDIES; PENALTIES

NRS 640C.900 Injunction.

1. If the Board determines that a person has violatedor is about to violate any provision of this chapter, the Board may bring anaction in a court of competent jurisdiction to enjoin the person from engagingin or continuing the violation.

2. An injunction:

(a) May be issued without proof of actual damagesustained by any person.

(b) Does not prohibit the criminal prosecution andpunishment of the person who commits the violation.

(Added to NRS by 2005, 1124)

NRS 640C.910 Certainacts prohibited without license; penalties.

1. If a person is not licensed to practice massagetherapy 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 orletters 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 practicemassage therapy, or in any other way, orally, or in writing or print, or bysign, directly or by implication, use the word massage or represent himselfas licensed or qualified to engage in the practice of massage therapy.

2. If a persons license to practice massage therapypursuant to this chapter has expired or has been suspended or revoked by theBoard, the person shall not:

(a) Engage in the practice of massage therapy; or

(b) Use in connection with his name the words orletters 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 practicemassage therapy, or in any other way, orally, or in writing or print, or bysign, directly or by implication, use the word massage or represent himselfas licensed or qualified to engage in the practice of massage therapy.

3. A person who violates any provision of this sectionis guilty of a misdemeanor.

(Added to NRS by 2005, 1124)

 

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