Amendment No. 436

 

Senate Amendment to Senate Bill No. 338                                                                       (BDR 54‑1104)

Proposed by: Committee on Commerce and Labor

Amendment Box:

Resolves Conflicts with: N/A

Amends:         Summary:               Title:               Preamble:               Joint Sponsorship:

 

Adoption of this amendment will MAINTAIN a 2/3s majority vote requirement for final passage of SB338 (§§ 12, 13, 19, 21, 23, 24, 25, 27, 32).

 

ASSEMBLY ACTION              Initial and Date              |SENATE ACTION                        Initial and Date

       Adopted       Lost                                               |          Adopted       Lost                                           

Concurred In                     Not                                                        |Concurred In  Not                                 

       Receded        Not                                               |         Receded        Not                                           

 

     Amend section 1, page 1, line 3, by deleting “33,” and inserting “34,”.

     Amend sec. 7, page 2, line 17, after “Friction;” by inserting “and”.

     Amend sec. 7, page 2, by deleting lines 18 and 19 and inserting:

     “(g) Movements applied manually with or”.

     Amend sec. 7, page 2, line 24, by deleting:

“spine or the” and inserting “spine.”.

     Amend sec. 7, page 2, by deleting line 25.

     Amend sec. 8, page 2, by deleting lines 34 through 43 and inserting:

“(c) Students enrolled in a school of massage therapy recognized”.

     Amend sec. 8, page 3, line 1, by deleting “(e)” and inserting “(d)”.

     Amend sec. 8, page 3, line 3, by deleting “(f)” and inserting “(e)”.

     Amend sec. 8, page 3, line 9, by deleting “generally,” and inserting:

“within the jurisdiction of the county, city or town,”.

     Amend sec. 9, page 3, by deleting lines 29 through 33 and inserting:

“person or group.”.

     Amend sec. 10, page 4, lines 6 and 10, by deleting “2” and inserting “4”.

     Amend sec. 11, page 4, line 18, by deleting “telephonically.” and inserting:

“telephonically or by videoconferencing. A meeting conducted telephonically or by videoconferencing must meet the requirements of chapter 241 of NRS.”.

     Amend sec. 14, page 5, line 11 by deleting “and”.

     Amend sec. 14, page 5, between lines 11 and 12, by inserting:

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

     3.  Establish the requirements for the approval of an instructor of a continuing education course;

     4.  Establish requirements relating to sanitation, hygiene and safety relating to the practice of massage therapy; and”.

     Amend sec. 14, page 5, line 12, by deleting “2.” and inserting “5.”.

     Amend sec. 18, page 6, lines 4 and 5, by deleting:

“who is not licensed pursuant to this chapter to practice massage therapy or”.

     Amend sec. 18, page 6, between lines 26 and 27, by inserting:

     “3.  A person who is not licensed pursuant to this chapter to practice massage therapy and who:

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

     (b) Uses in connection with his name the words or letters “L.M.T.,” “licensed massage therapist,” “licensed massage technician,” “M.T.,” “massage technician” or “massage therapist,” or any other letters, words or insignia indicating or implying that he is licensed to practice massage therapy, or who in any other way, orally, or in writing or print, or by sign, directly or by implication, uses the word “massage” or represents himself as licensed or qualified to engage in the practice of massage therapy,

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is guilty of a misdemeanor.”.

     Amend sec. 19, page 6, line 38, by deleting “approved” and inserting “recognized”.

     Amend sec. 19, page 7, by deleting lines 1 and 2 and inserting:

          “(5) A full 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.”.

     Amend sec. 19, page 7, lines 7 and 8, by deleting:

“Bodywork or any other organization approved by the Board.” and inserting “Bodywork.”.

     Amend sec. 19, page 7, line 9, by deleting “approve” and inserting “recognize”.

     Amend sec. 20, page 7, by deleting lines 15 through 19 and inserting:

“Massage and Bodywork ceases to administer the written examination required by paragraph (d) of subsection 2 of section 19 of this act or if the Board, after public comment, determines that such examination inadequately tests the knowledge and competency of applicants, the Board shall:

     1.  Accept from an applicant for a license the results of an examination administered by any board that is accredited by the National Commission for Certifying Agencies to examine massage therapists; or

     2.  Prepare or cause to be prepared a written examination that is:”.

     Amend sec. 20, page 7, line 20, by deleting “1.” and inserting “(a)”.

     Amend sec. 20, page 7, line 24, by deleting “2.” and inserting “(b)”.

     Amend sec. 21, page 7, line 37, by deleting “approved” and inserting “recognized”.

     Amend sec. 21, page 7, between lines 38 and 39, by inserting:

          “(4) Proof that he:

               (I) Has taken the examination offered by the National Certification Board for Therapeutic Massage and Bodywork; or

               (II) Is scheduled to take the examination offered by the National Certification Board for Therapeutic Massage and Bodywork within 90 days after the date of application;

          (5) A certification that he has not committed any of the offenses for which the Board may refuse to issue a license pursuant to section 32 of this act;”.

     Amend sec. 21, page 7, line 39, by deleting “(4)” and inserting “(6)”.

     Amend sec. 21, page 8, by deleting lines 1 and 2 and inserting:

          “(7) A full 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.”.

     Amend sec. 21, page 8, lines 3 and 4, by deleting:

“1 year from” and inserting:

“90 days after”.

     Amend sec. 21, page 8, line 6, by deleting “approve” and inserting “recognize”.

     Amend sec. 24, page 9, by deleting lines 26 through 34 and inserting:

“the Board may issue a license, without regard to the requirements of section 19 of this act, to an applicant:

     (a) Who holds a current license to practice massage therapy issued by a county, city or town of this state that regulates the practice of massage therapy; or

     (b) Who holds a current license to practice massage therapy issued by another state, territory or possession of the United States.”.

     Amend sec. 24, page 10, line 4, after “therapy” by inserting:

“during the immediately preceding 10 years”.

     Amend sec. 25, page 10, by deleting lines 12 through 22 and inserting:

     “Sec. 25.  1.  The Board shall establish and may amend a schedule of fees and charges for the following items and within the following ranges:

 

                                                                                           Not less than                   Not more than

An examination established by the Board
pursuant to section 19 of this act............................. $50                                  $150

An application for a license............................................ 42                                    126

An application for a license without an
examination................................................................. 42                                    126

A background check of an applicant.............................. 48                                    120

The issuance of a license................................................. 52                                    156

The renewal of a license.................................................. 33                                      99

The restoration of an expired license.............................. 33                                      99

The reinstatement of a suspended or revoked license.... 99                                    250

The issuance of a duplicate license................................. 25                                      75

The restoration of an inactive license............................. 33                                    99”.

 

     Amend sec. 25, page 10, line 24, by deleting “service” and inserting:

“service, including, without limitation, the reinstatement of a suspended or revoked license,”.

     Amend sec. 27, page 10, line 40, by deleting “and”.

     Amend sec. 27, page 10, between lines 40 and 41 by inserting:

     “(c) Proof of his certification by the National Certification Board for Therapeutic Massage and Bodywork; and”.

     Amend sec. 27, page 10, line 41, by deleting “(c)” and inserting “(d)”.

     Amend sec. 27, page 11, by deleting lines 1 and 2 and inserting:

     “(b) Submits to the Board proof of his certification by the National Certification Board for Therapeutic Massage and Bodywork; and”.

     Amend sec. 27, page 11, by deleting lines 8 through 15.

     Amend sec. 27, page 11, line 16, by deleting “4.” and inserting “3.”.

     Amend the bill as a whole by renumbering sections 28 through 45 as sections 29 through 46 and adding a new section designated sec. 28, following sec. 27, to read as follows:

     “Sec. 28.  1.  Upon written request to the Board, a licensee in good standing may cause his name and license to be transferred to an inactive list. The licensee may not practice massage therapy during the time the license is inactive and no renewal fee accrues.

     2.  If an inactive licensee 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 licensee is then qualified and competent to practice;

     (b) Completion of an application; and

     (c) Payment of the current fee for renewal of the license.”.

     Amend sec. 28, page 11, line 23, by deleting “false” and inserting “false, fraudulent”.

     Amend sec. 28, page 11, by deleting lines 29 through 31, and inserting:

     “3.  Has been convicted of:

     (a) A crime involving violence, prostitution or any other sexual offense, 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;

     (b) Any other misdemeanor, excluding misdemeanor traffic violations, within the past 5 years; or

     (c) Any other felony within the past 10 years.”.

     Amend sec. 28, page 11, line 39, by deleting “genitals or”.

     Amend sec. 28, page 12, line 17, by deleting “advertising.” and inserting:

“advertising, including, without limitation, falsely, deceptively or misleadingly advertising training in a specialty technique of massage in which the person has not received training.”.

     Amend sec. 28, page 12, between lines 17 and 18 by inserting:

     “14.  Has failed to maintain certification with the National Certification Board for Therapeutic Massage and Bodywork.”.

     Amend sec. 33, page 14, line 32, by deleting:

“board or any agency” and inserting:

“board, any agency or any county, city or town in which the licensee practices massage therapy”.

     Amend sec. 35, page 15, line 42, by deleting “33,” and inserting “34,”.

     Amend sec. 36, page 16, lines 26 and 44, by deleting “33,” and inserting “34,”.

     Amend sec. 37, page 17, line 8, by deleting “33,” and inserting “34,”.

     Amend sec. 38, page 17, line 34, by deleting “33,” and inserting “34,”.

     Amend sec. 39, page 18, line 10, by deleting “33,” and inserting “34,”.

     Amend sec. 40, page 18, line 45, by deleting “33,” and inserting “34,”.

     Amend sec. 41, page 19, line 44, by deleting “33,” and inserting “34,”.

     Amend sec. 43, page 20, line 5, by deleting:

“October 1, 2004,” and inserting:

“July 1, 2005,”.

     Amend sec. 43, page 20, lines 7, 11, 15 and 18, by deleting “33,” and inserting “34,”.