[Rev. 11/21/2013 12:51:53
PM--2013]
CHAPTER 640C - MASSAGE THERAPISTS
GENERAL PROVISIONS
NRS 640C.010 Legislative
declaration.
NRS 640C.020 Definitions.
NRS 640C.030 “Board”
defined.
NRS 640C.040 “License”
defined.
NRS 640C.050 “Massage
therapist” defined.
NRS 640C.060 “Massage
therapy” defined.
NRS 640C.070 “Original
license” 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 from
office.
NRS 640C.160 Appointment
of nonvoting advisory member.
NRS 640C.170 Salary
of members; per diem allowance and travel expenses.
NRS 640C.180 Election
of Chair, Vice Chair and Secretary-Treasurer; meetings; quorum.
NRS 640C.190 Attorneys
for Board.
NRS 640C.200 Employment
of Executive Director.
NRS 640C.210 Employment
of other personnel.
NRS 640C.220 Immunity.
NRS 640C.230 Fiscal
year.
NRS 640C.240 Payment
of expenses; deposit of money; delegation of authority to take disciplinary
action; deposit of fines imposed by Board; presentment of claims for attorney’s
fees and costs of investigation.
General Powers and Duties
NRS 640C.300 Duties.
NRS 640C.310 Preparation,
maintenance and disclosure of certain information regarding applicants and
licensees.
NRS 640C.320 Adoption
of regulations.
LICENSES
General Provisions
NRS 640C.400 Issuance
of license; qualifications; requirements; application; fees; fingerprints;
examination; investigation.
NRS 640C.410 Temporary
license.
NRS 640C.420 Licensure
of persons who are licensed in other jurisdictions.
NRS 640C.430 Payment
of child support: Submission of certain information by applicant; grounds for
denial of license; duty of Board. [Effective until the date of the repeal of 42
U.S.C. § 666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
NRS 640C.430 Payment
of child support: Submission of certain information by applicant; grounds for
denial of license; duty of Board. [Effective on the date of the repeal of 42
U.S.C. § 666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings and
expires by limitation 2 years after that date.]
NRS 640C.440 Reduction
of duplication in licensing procedure.
NRS 640C.450 Display
of license; replacement licenses.
Expiration and Renewal; Fees
NRS 640C.500 Expiration
and restoration of licenses; procedure for renewal.
NRS 640C.510 Inactive
status.
NRS 640C.520 Fees
and charges.
DISCIPLINARY ACTION
NRS 640C.695 Jurisdiction
of Board over licensee unaffected by expiration or voluntary surrender of
license.
NRS 640C.700 Grounds
for disciplinary action.
NRS 640C.710 Authorized
disciplinary action; orders imposing discipline deemed public records; private
reprimands prohibited.
NRS 640C.712 Administrative
fines for certain unlawful acts; regulations.
NRS 640C.720 Temporary
suspension of license.
NRS 640C.730 Suspension
of license for failure to pay child support or comply with certain subpoenas or
warrants; reinstatement of license. [Effective until 2 years after the date of
the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
NRS 640C.740 Complaints:
Filing; investigation; retention.
NRS 640C.745 Records
relating to convictions for certain crimes: Requests; confidentiality; use.
NRS 640C.750 Investigations
and hearings; examination of witnesses; payment of fees and mileage; issuance
and enforcement of subpoenas.
NRS 640C.755 Administrative
citation; order to take corrective action; administrative fines; penalty.
NRS 640C.757 Contest
of administrative citation: Time limit; hearing; effect of failure to contest
citation within time limit; service of citation.
NRS 640C.760 Confidentiality
of certain records of Board; exceptions.
UNLAWFUL ACTS; REMEDIES; PENALTIES
NRS 640C.900 Injunction.
NRS 640C.910 Certain
acts prohibited without license; penalties.
NRS 640C.920 Unlawful
acts relating to licenses; penalty.
NRS 640C.930 Unlawful
acts and requirements relating to advertising; penalty; disconnection of
telephone service of persons convicted of certain crimes.
_________
GENERAL PROVISIONS
NRS 640C.010 Legislative declaration. 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)
NRS 640C.020 Definitions. As
used in this chapter, unless the context otherwise requires, the words and
terms defined in NRS 640C.030 to 640C.070, inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 2005, 1119; A 2009, 2576)
NRS 640C.030 “Board” defined. “Board”
means the Board of Massage Therapists.
(Added to NRS by 2005, 1119)
NRS 640C.040 “License” defined. “License”
means a license issued by the Board.
(Added to NRS by 2005, 1119)
NRS 640C.050 “Massage therapist” defined. “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)
NRS 640C.060 “Massage therapy” defined.
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)
NRS 640C.070 “Original license” defined.
1. “Original license” means the actual
license which is issued to the licensee by the Board and which is current and
valid.
2. The term does not include any photocopy
print, photostat or other replica of such a license.
(Added to NRS by 2009, 2572)
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
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, hair designer, hair braider, 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, hair designer,
hair braider, 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 or her 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; A 2011, 3028)
BOARD OF MASSAGE THERAPISTS
Organization and Administration
NRS 640C.150 Creation; appointment and qualifications of members; terms,
vacancies and removal from office.
1. The Board of Massage Therapists is
hereby created. The Board consists of seven members appointed pursuant to this
chapter 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 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.
4. 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.
5. 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.
6. A vacancy must be filled by appointment
for the unexpired term in the same manner as the original appointment.
7. 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; A 2007, 1847)
NRS 640C.160 Appointment of nonvoting advisory member.
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 or
her 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 or
her duties without loss of regular compensation so that he or she may prepare
for and attend meetings of the Board and perform any work that is necessary to
carry out his or her 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 or she is absent from
work to carry out his or her 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 membership on the Board; and
(b) Does not forfeit his or her public office or
public employment because of membership on the Board.
(Added to NRS by 2005, 1121)
NRS 640C.170 Salary of members; per diem allowance and travel expenses. 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 $150 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; A 2007, 2954)
NRS 640C.180 Election of Chair, Vice Chair and Secretary-Treasurer; meetings;
quorum.
1. At the first meeting of each fiscal
year, the members of the Board shall elect a Chair, Vice Chair 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 Chair 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)
NRS 640C.190 Attorneys for Board.
1. The Attorney General and his or her
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)
NRS 640C.200 Employment of Executive Director.
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)
NRS 640C.210 Employment of other personnel.
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)
NRS 640C.220 Immunity. 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)
NRS 640C.230 Fiscal year. The
Board shall adopt a fiscal year beginning on July 1 and ending on June 30.
(Added to NRS by 2005, 1124)
NRS 640C.240 Payment of expenses; deposit of money; delegation of authority
to take disciplinary action; deposit of fines imposed by Board; presentment of
claims for attorney’s fees and costs of investigation.
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
NRS 640C.300 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)
NRS 640C.310 Preparation, maintenance and disclosure of certain information
regarding applicants and licensees.
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)
NRS 640C.320 Adoption of regulations. 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. Except as otherwise provided in NRS 622.090, 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;
6. Establish the period within which the
Board or its designee must report the results of the investigation of an
applicant; and
7. Prescribe the form of a written
administrative citation issued pursuant to NRS
640C.755.
(Added to NRS by 2005, 1123; A 2007, 2954; 2009, 2576)
LICENSES
General Provisions
NRS 640C.400 Issuance of license; qualifications; requirements; application;
fees; fingerprints; examination; investigation.
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 the applicant 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 or her license to practice
massage therapy; and
(II) Disciplinary proceedings
relating to his or her 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:
(1) 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; or
(2) At the applicant’s discretion and in
lieu of a written examination, pass an oral examination prescribed by the
Board.
3. If the Board determines that the
examinations being administered pursuant to subparagraph (1) of 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 or her
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) Except as otherwise provided in NRS 239.0115, 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; A 2007, 2142; 2009, 2576)
NRS 640C.410 Temporary license.
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 the applicant has
successfully completed a program of massage therapy recognized by the Board
pursuant to NRS 640C.400;
(4) Proof that the applicant:
(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 the
applicant 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 or her license to practice
massage therapy; and
(II) Disciplinary proceedings
relating to his or her 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)
NRS 640C.420 Licensure of persons who are licensed in other jurisdictions.
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 or her license to practice massage therapy have at any time
been instituted against the applicant; and
(2) Whether the applicant 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 or her license to practice massage
therapy; and
(2) Disciplinary proceedings relating to
his or her 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)
NRS 640C.430 Payment of child support: Submission of certain information by
applicant; grounds for denial of license; duty of Board. [Effective until the
date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
1. In addition to any other requirements
set forth in this chapter:
(a) An applicant for the issuance of a license as
a 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 the applicant is subject to a court order for the support
of a child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment
of the amount owed pursuant to the order.
4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that the applicant is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order, the Board
shall advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant may take
to satisfy the arrearage.
(Added to NRS by 2005, 1128)
NRS 640C.430 Payment of child support:
Submission of certain information by applicant; grounds for denial of license;
duty of Board. [Effective on the date of the repeal of 42 U.S.C. § 666, the
federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and recreational
licenses for child support arrearages and for noncompliance with certain
processes relating to paternity or child support proceedings and expires by
limitation 2 years after that date.]
1. In addition to any other requirements
set forth in this chapter, an applicant for the issuance or renewal of a
license as a 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 the applicant is subject to a court order for the support
of a child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment
of the amount owed pursuant to the order.
4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that the applicant is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order, the Board
shall advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant may take
to satisfy the arrearage.
(Added to NRS by 2005, 1128,
effective on the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings)
NRS 640C.440 Reduction of duplication in licensing procedure.
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 the 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)
NRS 640C.450 Display of license; replacement licenses.
1. Each licensee shall display his or her
original license in a conspicuous manner at each location where the licensee
practices massage therapy. If a licensee practices massage therapy in more than
one place, the licensee must carry the original license with him or her and
display it wherever he or she is actually working.
2. A licensee shall obtain a replacement
of the original license from the Board if the licensee’s:
(a) Original license is destroyed, misplaced or
mutilated; or
(b) Name or address as printed on the original
license has changed.
3. To obtain a replacement license, the
licensee must:
(a) File an affidavit with the Board, on the form
prescribed by the Board, which states that the licensee’s original license was
destroyed, misplaced or mutilated or that his or her name or address as printed
on the original license has changed; and
(b) Pay the fee prescribed by the Board pursuant
to NRS 640C.520.
(Added to NRS by 2005, 1129; A 2009, 2578)
Expiration and Renewal; Fees
NRS 640C.500 Expiration and restoration of licenses; procedure for renewal.
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 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 the 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)
NRS 640C.510 Inactive status.
1. Upon written request to the Board, a
holder of a license in good standing may cause his or her 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)
NRS 640C.520 Fees and charges.
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
replacement 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; A 2009, 2578)
DISCIPLINARY ACTION
NRS 640C.695 Jurisdiction of Board over licensee unaffected by expiration or
voluntary surrender of license. The
expiration of a license by operation of law or by order or decision of the
Board or a court, or the voluntary surrender of a license by a licensee, does
not deprive the Board of jurisdiction to proceed with any investigation of, or
action or disciplinary proceeding against, the licensee or to render a decision
suspending or revoking the license.
(Added to NRS by 2009, 2574)
NRS 640C.700 Grounds for 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 the 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 receiving 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 or she did not
provide;
12. If the holder of the license is on
probation, has violated the terms of the probation;
13. Has engaged in false, deceptive or
misleading advertising, including, without limitation, falsely, deceptively or
misleadingly advertising that he or she has received training in a specialty
technique of massage for which he or she has not received training, practicing
massage therapy under an assumed name and impersonating a licensed massage
therapist;
14. Has operated a medical facility, as
defined in NRS 449.0151, at any time
during which:
(a) The license of the facility was suspended or
revoked; or
(b) An act or omission occurred which resulted in
the suspension or revocation of the license pursuant to NRS 449.160.
Ê This
subsection applies to an owner or other principal responsible for the operation
of the facility.
15. Has failed to comply with a written
administrative citation issued pursuant to NRS
640C.755 within the time permitted for compliance set forth in the citation
or, if a hearing is held pursuant to NRS 640C.757,
within 15 business days after the hearing; or
16. Except as otherwise provided in
subsection 15, has failed to pay or make arrangements to pay, as approved by
the Board, an administrative fine imposed pursuant to this chapter within 60
days after:
(a) Receiving notice of the imposition of the
fine; or
(b) The final administrative or judicial decision
affirming the imposition of the fine,
Ê whichever
occurs later.
(Added to NRS by 2005, 1130; A 2009, 899, 2579)
NRS 640C.710 Authorized disciplinary action; orders imposing discipline
deemed public records; private reprimands prohibited.
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) Except as otherwise provided in NRS 640C.712, impose an administrative fine of not
more than $5,000 for each violation;
(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; A 2009, 2580)
NRS 640C.712 Administrative fines for certain unlawful acts; regulations.
1. In addition to any other actions
authorized by NRS 640C.710, if, after notice and a
hearing as required by law, the Board determines that a licensee has engaged in
or solicited sexual activity during the course of practicing massage on a
person, as set forth in subsection 4 of NRS 640C.700,
or has been convicted of prostitution or any other sexual offense that occurred
during the course of practicing massage on a person, the Board shall:
(a) For a first violation, impose an
administrative fine of not less than $100 and not more than $1,000;
(b) For a second violation, impose an
administrative fine of not less than $250 and not more than $5,000; and
(c) For a third violation and for each additional
violation, impose an administrative fine of not less than $500 and not more
than $10,000.
2. The Board shall, by regulation,
establish standards for use by the Board in determining the amount of an
administrative fine imposed pursuant to this section. The standards must
include, without limitation, provisions requiring the Board to consider:
(a) The gravity of the violation;
(b) The good faith of the licensee; and
(c) Any history of previous violations of the
provisions of this chapter committed by the licensee.
(Added to NRS by 2009, 2574)
NRS 640C.720 Temporary suspension of license. Notwithstanding
any other statute to the contrary:
1. If the Board finds, based upon evidence
in its possession, 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 or her license without a prior
hearing for a period not to exceed 15 business days. The massage therapist may
file a written request for a hearing to challenge the necessity of the
temporary suspension. The written request must be filed not later than 10
business days after the date on which the massage therapist receives notice of
the temporary suspension. If the massage therapist:
(a) Files a timely written request for a hearing,
the Board shall extend the temporary suspension until a hearing is held. The
Board shall hold a hearing and render a final decision regarding the necessity
of the temporary suspension as promptly as is practicable but not later than 15
business days after the date on which the Board receives the written request.
After holding such a hearing, the Board may extend the period of the temporary
suspension if the Board finds, for good cause shown, that such action is
necessary to protect the health, safety or welfare of the public pending
proceedings for disciplinary action.
(b) Does not file a timely written request for a
hearing and the Board wants to consider extending the period of the temporary
suspension, the Board shall schedule a hearing and notify the massage therapist
immediately by certified mail of the date of the hearing. The hearing must be
held and a final decision rendered regarding whether to extend the period of
the temporary suspension as promptly as is practicable but not later than 30
days after the date on which the Board provides notice of the initial temporary
suspension. After holding such a hearing, the Board may extend the period of
the temporary suspension if the Board finds, for good cause shown, that such
action is necessary to protect the health, safety or welfare of the public
pending proceedings for disciplinary action.
2. If a massage therapist is charged with
or cited for prostitution or any other sexual offense, the appropriate law
enforcement agency shall report the charge or citation to the Executive
Director of the Board. Upon receiving such a report, the Executive Director
shall immediately issue by certified mail to the massage therapist a cease and
desist order temporarily suspending the license of the massage therapist
without a prior hearing. The temporary suspension of the license is effective
immediately after the massage therapist receives notice of the cease and desist
order and must not exceed 15 business days. The massage therapist may file a
written request for a hearing to challenge the necessity of the temporary
suspension. The written request must be filed not later than 10 business days
after the date on which the Executive Director mails the cease and desist
order. If the massage therapist:
(a) Files a timely written request for a hearing,
the Board shall extend the temporary suspension until a hearing is held. The
Board shall hold a hearing and render a final decision regarding the necessity
of the temporary suspension as promptly as is practicable but not later than 15
business days after the date on which the Board receives the written request.
After holding such a hearing, the Board may extend the period of the temporary
suspension if the Board finds, for good cause shown, that such action is
necessary to protect the health, safety or welfare of the public pending
proceedings for disciplinary action.
(b) Does not file a timely written request for a
hearing and the Board wants to consider extending the period of the temporary
suspension, the Board shall schedule a hearing and notify the massage therapist
immediately by certified mail of the date of the hearing. The hearing must be
held and a final decision rendered regarding whether to extend the period of
the temporary suspension as promptly as is practicable but not later than 15
business days after the date on which the Executive Director mails the cease
and desist order. After holding such a hearing, the Board may extend the period
of the temporary suspension if the Board finds, for good cause shown, that such
action is necessary to protect the health, safety or welfare of the public
pending proceedings for disciplinary action.
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.
4. For purposes of this section, a person
is deemed to have notice of a temporary suspension of his or her license:
(a) On the date on which the notice is personally
delivered to the person; or
(b) If the notice is mailed, 3 days after the
date on which the notice is mailed by certified mail to the last known business
or residential address of the person.
(Added to NRS by 2005, 1132; A 2009, 2580)
NRS 640C.730 Suspension of license for failure to pay child support or comply
with certain subpoenas or warrants; reinstatement of license. [Effective until
2 years after the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.]
1. If the Board receives a copy of a court
order issued pursuant to NRS 425.540
that provides for the suspension of all professional, occupational and recreational
licenses, certificates and permits issued to a person who is 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)
NRS 640C.740 Complaints: Filing; investigation; retention.
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.
4. The Board shall retain all complaints
filed with the Board pursuant to this section for at least 10 years, including,
without limitation, any complaints not acted upon.
(Added to NRS by 2005, 1131; A 2009, 900)
NRS 640C.745 Records relating to convictions for certain crimes: Requests;
confidentiality; use.
1. When conducting an investigation of a
massage therapist pursuant to this chapter, the Board or the Executive Director
may request from the appropriate governmental agency or court of competent
jurisdiction records relating to any conviction of the massage therapist for a
crime involving violence, prostitution or any other sexual offense. Such
records include, without limitation, a record of criminal history as defined in
NRS 179A.070.
2. Upon receiving a request from the Board
or the Executive Director pursuant to subsection 1, the governmental agency or
court of competent jurisdiction shall provide the requested records to the
Board or the Executive Director as soon as reasonably practicable. The
governmental agency or court of competent jurisdiction may redact from the
records produced pursuant to this subsection any information relating to the agency
or court that is deemed confidential by the agency or court. Upon receiving the
records from the governmental agency or court, the Board and the Executive
Director:
(a) Shall maintain the confidentiality of the
records if such confidentiality is required by federal or state law; and
(b) May use the records for the sole and limited
purpose of determining whether to take disciplinary action against the massage
therapist pursuant to this chapter.
(Added to NRS by 2009, 2581)
NRS 640C.750 Investigations and hearings; examination of witnesses; payment
of fees and mileage; issuance and enforcement of subpoenas.
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 or her 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 or her 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 Chair 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 the
person 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)
NRS 640C.755 Administrative citation; order to take corrective action;
administrative fines; penalty.
1. If the Board or its designee, based
upon a preponderance of the evidence, has reason to believe that a person has
committed an act which constitutes a violation of this chapter or the
regulations of the Board, the Board or its designee, as appropriate, may issue
or authorize the issuance of a written administrative citation to the person. A
citation issued pursuant to this section may include, without limitation:
(a) An order to take action to correct a
condition resulting from an act that constitutes a violation of this chapter or
the regulations of the Board, at the person’s cost;
(b) An order to pay an administrative fine for
each violation; and
(c) An order to reimburse the Board for the
amount of the expenses incurred to investigate each violation, not to exceed
$150.
2. If the citation includes an order to
take action to correct a condition resulting from an act that constitutes a
violation of this chapter or the regulations of the Board, the citation must:
(a) State the time permitted for compliance,
which must not be less than 15 business days after the date on which the
citation is received by the person; and
(b) Describe, in specific detail, the action
required to be taken.
3. If the citation is issued to a licensee
and includes an order to pay an administrative fine for one or more violations,
the amount of the administrative fine must not exceed the maximum amount
authorized by NRS 640C.710 or 640C.712, as appropriate for each violation.
4. If the citation is issued to an
unlicensed person and includes an order to pay an administrative fine for one
or more violations, the amount of the administrative fine:
(a) For a first violation, must not be less than
$100 and must not be more than $1,000;
(b) For a second violation, must not be less than
$250 and must not be more than $5,000; and
(c) For a third violation and for each additional
violation, must not be less than $500 and must not be more than $10,000.
5. The sanctions authorized by this
section are separate from, and in addition to, any other remedy, civil or
criminal, authorized by this chapter.
6. The failure of an unlicensed person to
comply with a citation or order after it is final is a misdemeanor. If an
unlicensed person does not pay an administrative fine imposed pursuant to this
section or make satisfactory payment arrangements, as approved by the Board,
within 60 days after the order of the Board becomes final, the order may be
executed upon in the same manner as a judgment issued by a court.
(Added to NRS by 2009, 2574)
NRS 640C.757 Contest of administrative citation: Time limit; hearing; effect
of failure to contest citation within time limit; service of citation.
1. If a person is issued a written
administrative citation pursuant to NRS 640C.755,
the person may request a hearing before the Board to contest the citation by
filing a written request with the Board:
(a) Not later than 15 business days after the
date on which the citation is received by the person; or
(b) If the Board, for good cause shown, extends
the time allowed to file a written request for a hearing to contest the
citation, on or before the later date specified by the Board.
2. If the person files a written request
for a hearing to contest the citation within the time allowed pursuant to this
section:
(a) The Board shall provide notice of and conduct
the hearing in the same manner as other disciplinary proceedings; and
(b) At the hearing, the person may contest,
without limitation:
(1) The facts forming the basis for the
determination that the person has committed an act which constitutes a
violation of this chapter or the regulations of the Board;
(2) The time allowed to take any
corrective action ordered;
(3) The amount of any administrative fine
ordered;
(4) The amount of any order to reimburse
the Board for the expenses incurred to investigate the violation; and
(5) Whether any corrective action
described in the citation is reasonable.
3. If the person does not file a written
request for a hearing to contest the citation within the time allowed pursuant
to this section, the citation shall be deemed a final order of the Board.
4. For the purposes of this section, a
citation shall be deemed to have been received by a person:
(a) On the date on which the citation is
personally delivered to the person; or
(b) If the citation is mailed, 3 days after the
date on which the citation is mailed by certified mail to the last known
business or residential address of the person.
(Added to NRS by 2009, 2575)
NRS 640C.760 Confidentiality of certain records of Board; exceptions.
1. Except as otherwise provided in this
section and NRS 239.0115, a complaint
filed with the Board, all documents and other information filed with the
complaint and all documents and other information compiled as a result of an
investigation conducted to determine whether to initiate disciplinary action
against a person are confidential, unless the person submits a written
statement to the Board requesting that such documents and information be made
public records.
2. The charging 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; A 2007, 2144)
UNLAWFUL ACTS; REMEDIES; PENALTIES
NRS 640C.900 Injunction.
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)
NRS 640C.910 Certain acts prohibited without license; penalties.
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;
(b) Use in connection with his or her 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 or she 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 or herself as licensed or qualified to engage in the practice of
massage therapy; or
(c) List or cause to have listed in any
directory, including, without limitation, a telephone directory, his or her
name or the name of his or her company under the heading “massage,” “massage
therapy,” “massage therapist,” “massage technician” or any other term that
indicates or implies that he or she is licensed or qualified to practice
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;
(b) Use in connection with his or her 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 or she 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 or herself as licensed or qualified to engage in the practice of
massage therapy; or
(c) List or cause to have listed in any directory,
including, without limitation, a telephone directory, his or her name or the
name of his or her company under the heading “massage,” “massage therapy,”
“massage therapist,” “massage technician” or any other term that indicates or
implies that he or she is licensed or qualified to practice massage therapy.
3. A person who violates any provision of
this section is guilty of a misdemeanor.
(Added to NRS by 2005, 1124; A 2009, 2582)
NRS 640C.920 Unlawful acts relating to licenses; penalty.
1. A person shall not:
(a) Counterfeit or forge or attempt to
counterfeit or forge a license to practice massage therapy; or
(b) For the purpose of aiding or abetting an
unlawful act:
(1) Alter or attempt to alter a license to
practice massage therapy; or
(2) Make or attempt to make any photocopy
print, photostat or other replica of a license to practice massage therapy.
2. A person shall not use or display a
license to practice massage therapy that:
(a) Is not the original license issued to the
person;
(b) Has been counterfeited or forged;
(c) Has been altered, copied or replicated for
the purpose of aiding or abetting an unlawful act; or
(d) Has been issued to another person.
3. A person who violates any provision of
this section is guilty of a misdemeanor.
(Added to NRS by 2009, 2572)
NRS 640C.930 Unlawful acts and requirements relating to advertising; penalty;
disconnection of telephone service of persons convicted of certain crimes.
1. A person shall not advertise as a
massage therapist in this State unless the person is licensed to practice
massage therapy pursuant to this chapter.
2. A person licensed to practice massage
therapy pursuant to this chapter shall not disseminate, as part of any
advertising by the massage therapist, any false or misleading statement or
representation of material fact that is intended, directly or indirectly, to
induce another person to use the services of the massage therapist.
3. All advertising by a licensed massage
therapist must include his or her name and the name of his or her company, if
applicable. All advertising in a telephone directory or a newspaper must also
include the number of the license.
4. A person who violates any provision of
subsection 1 or 2 is guilty of a misdemeanor.
5. If, after notice and a hearing as
required by law, the Board determines that a person has willfully engaged in
advertising in a manner that violates the provisions of this section or NRS 640C.910, the Board may, in addition to any
penalty, punishment or disciplinary action authorized by the provisions of this
chapter, order the person to cease and desist the unlawful advertising. The
provisions of this subsection do not apply to any person whose license has been
expired for less than 90 days or is temporarily suspended.
6. The Board may order any person convicted
of a crime involving violence, prostitution or any other sexual offense to
cause any telephone number included in the advertising to be disconnected from
service. If the Board orders the person to cause any telephone number to be
disconnected from service and the person fails to comply within 5 days after
the date on which the person is served with the order, the Board may:
(a) If the provider is regulated by the Public
Utilities Commission of Nevada, request the Commission to order the provider to
disconnect the telephone number from service pursuant to NRS 703.175 and 707.355; or
(b) If the provider is not regulated by the
Public Utilities Commission of Nevada, request the provider to disconnect the
telephone number from service and inform the provider that the request is made
pursuant to this section. Upon receiving such a request, the provider shall
take such action as is necessary to disconnect the telephone number from
service.
7. A provider shall not:
(a) Forward or offer to forward the telephone
calls of a telephone number disconnected from service pursuant to this section;
or
(b) Provide or offer to provide a message that
includes a new telephone number for the person whose telephone number was
disconnected from service pursuant to this section.
8. If a provider complies in good faith
with a request to disconnect a telephone number from service pursuant to this
section, such good-faith compliance shall constitute a complete defense to any
civil or criminal action brought against the provider arising from the
disconnection or termination of service.
9. As used in this section:
(a) “Advertising” means the intentional placement
or issuance of any sign, card or device, or the permitting or allowing of any
sign or marking on a motor vehicle, in any building, structure, newspaper,
magazine or airway transmission, on the Internet or in any directory under the
listing of “massage therapist” or “massage.”
(b) “Provider” means a provider of any type of
telephone, messaging or paging service.
(c) “Provider of messaging or paging service”
means an entity that provides any type of messaging or paging service to any
type of communication device.
(d) “Provider of telephone service” has the
meaning ascribed to it in NRS 707.355.
(e) “Telephone number” means any sequence of
numbers or characters, or both, used by a provider to provide any type of
telephone, messaging or paging service.
(Added to NRS by 2009, 2573)
