requires two-thirds majority vote (§§ 12, 13, 19, 21, 23, 24, 25, 27, 31)
S.B. 338
Senate Bill No. 338–Senator Tiffany
March 17, 2003
____________
Referred to Committee on Commerce and Labor
SUMMARY—Provides for licensing and regulation of massage therapists. (BDR 54‑1104)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State: No.
~
EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to massage therapy; creating the Board of Massage Therapists; prescribing the powers and duties of the Board; requiring massage therapists to be licensed by the Board; prescribing the requirements for the issuance or renewal of a license; providing the grounds for disciplinary action against a massage therapist; providing the actions the Board may take against a person who commits certain acts; providing a penalty; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. Title 54 of NRS is hereby amended by adding
1-2 thereto a new chapter to consist of the provisions set forth as
1-3 sections 2 to 33, inclusive, of this act.
1-4 Sec. 2. The Legislature finds and declares that:
1-5 1. The practice of massage therapy by persons who do not
1-6 possess sufficient knowledge of anatomy and physiology or an
1-7 understanding of the relationship between the structure and
1-8 function of the tissues being treated and the total function of the
1-9 body may endanger the health, welfare and safety of the residents
1-10 of this state.
1-11 2. To protect the residents of this state, it is necessary to
1-12 license and regulate the practice of massage therapy.
2-1 Sec. 3. As used in this chapter, unless the context otherwise
2-2 requires, the words and terms defined in sections 4 to 7, inclusive,
2-3 of this act have the meanings ascribed to them in those sections.
2-4 Sec. 4. “Board” means the Board of Massage Therapists.
2-5 Sec. 5. “License” means a license issued by the Board.
2-6 Sec. 6. “Massage therapist” means a person who is licensed
2-7 pursuant to the provisions of this chapter.
2-8 Sec. 7. 1. “Massage therapy” means the application of a
2-9 system of pressure to the muscular structure and soft tissues of the
2-10 human body for therapeutic purposes, including, without
2-11 limitation:
2-12 (a) Effleurage;
2-13 (b) Petrissage;
2-14 (c) Tapotement;
2-15 (d) Compressions;
2-16 (e) Vibration;
2-17 (f) Friction;
2-18 (g) Nerve strokes; and
2-19 (h) Movements applied manually or mechanically with or
2-20 without superficial heat, cold, water or lubricants for the purpose
2-21 of maintaining good health and establishing and maintaining
2-22 good physical condition.
2-23 2. The term does not include diagnosis, adjustment or
2-24 manipulation of any articulations of the body or spine or the
2-25 mobilization of articulations by a thrusting force.
2-26 Sec. 8. 1. The provisions of this chapter do not apply to:
2-27 (a) A person licensed pursuant to chapter 630, 630A, 632, 633,
2-28 634, 634A, 635 or 640 of NRS if the massage is performed in the
2-29 course of the practice for which he is licensed.
2-30 (b) A person who is an employee of an athletic department of
2-31 any high school, college or university in this state and who, within
2-32 the scope of that employment, practices massage therapy on
2-33 athletes.
2-34 (c) A person who is:
2-35 (1) Licensed by another state or territory of the United
2-36 States or a foreign country to practice massage therapy; and
2-37 (2) Temporarily in this state, for a period of less than 30
2-38 days, for the purposes of:
2-39 (I) Presenting educational demonstrations on massage
2-40 therapy; or
2-41 (II) Consulting with a massage therapist regarding
2-42 massage therapy.
2-43 (d) Students enrolled in a school of massage therapy approved
2-44 by the Board.
3-1 (e) A person who practices massage therapy solely on members
3-2 of his immediate family.
3-3 (f) A person who performs any activity in a licensed brothel.
3-4 2. Except as provided in subsection 3, the provisions of this
3-5 chapter preempt the licensure and regulation of a massage
3-6 therapist by a county, city or town.
3-7 3. The provisions of this chapter do not prohibit a county, city
3-8 or town from requiring a massage therapist to obtain a license or
3-9 permit to transact business generally, if the license or permit is
3-10 required of other persons, regardless of occupation or profession,
3-11 who transact business within the jurisdiction of the county, city or
3-12 town.
3-13 4. As used in this section, “immediate family” means persons
3-14 who are related by blood, adoption or marriage, within the second
3-15 degree of consanguinity or affinity.
3-16 Sec. 9. 1. The Board of Massage Therapists, consisting of
3-17 five members appointed by the Governor, is hereby created.
3-18 2. The Governor shall appoint to the Board:
3-19 (a) Four members who:
3-20 (1) Are licensed to practice massage therapy in this state,
3-21 two of whom represent northern Nevada and two of whom
3-22 represent southern Nevada; and
3-23 (2) Have engaged in the practice of massage therapy for the
3-24 2 years immediately preceding their appointment.
3-25 (b) One member who is a representative of the general public.
3-26 3. The Governor may, in making his appointments to the
3-27 Board pursuant to paragraph (a) of subsection 2, consider for
3-28 appointment to the Board a person recommended to him by any
3-29 person or group, including, but not limited to, the American
3-30 Massage Therapy Association, Associated Bodywork and Massage
3-31 Professionals or a successor organization of the American
3-32 Massage Therapy Association or Associated Bodywork and
3-33 Massage Professionals.
3-34 4. The members who are appointed to the Board must
3-35 continue to practice massage therapy while they are members of
3-36 the Board.
3-37 5. The Governor may remove any member of the Board for
3-38 incompetence, neglect of duty, moral turpitude, misfeasance,
3-39 malfeasance or nonfeasance in office.
3-40 6. No member of the Board may be held liable in a civil
3-41 action for an act that he performs in good faith in the execution of
3-42 his duties pursuant to this chapter.
3-43 7. Upon appointment, new members must be provided
3-44 training that includes, but is not limited to, the:
3-45 (a) Licensure and discipline of massage therapists; and
4-1 (b) Rules and procedures of the Board.
4-2 Sec. 10. 1. At the first meeting of each year, the members
4-3 of the Board shall elect a Chairman, Vice Chairman and
4-4 Secretary-Treasurer from among its members.
4-5 2. After the initial terms, the term of each member of the
4-6 Board is 2 years. The members shall continue in office until their
4-7 successors are appointed. No member of the Board may serve
4-8 more than two consecutive terms. A former member of the Board
4-9 is eligible for reappointment to the Board if that person has not
4-10 served on the Board during the 2 years immediately preceding the
4-11 reappointment. A vacancy must be filled by appointment for the
4-12 unexpired term in the same manner as the original appointment.
4-13 Sec. 11. 1. The Board shall meet at least quarterly and may
4-14 meet at other times at the call of the Chairman or upon the written
4-15 request of a majority of the members of the Board. The Board
4-16 shall alternate the location of its meetings between northern
4-17 Nevada and southern Nevada. A meeting of the Board may be
4-18 conducted telephonically.
4-19 2. Except as otherwise provided in subsection 3, a majority of
4-20 the members of the Board constitutes a quorum for the transaction
4-21 of the business of the Board.
4-22 3. Four members of the Board constitute a quorum for the
4-23 purposes of issuing, suspending or revoking a license issued
4-24 pursuant to this chapter.
4-25 Sec. 12. The Board shall:
4-26 1. Review and evaluate applications for the licensing of
4-27 massage therapists;
4-28 2. Determine the qualifications and fitness of applicants;
4-29 3. Issue, renew, reinstate, revoke, suspend and deny licenses,
4-30 as appropriate;
4-31 4. Investigate any complaints filed with the Board;
4-32 5. Impose any penalties it determines are necessary for the
4-33 administration of the provisions of this chapter; and
4-34 6. Transact any other business necessary to carry out its
4-35 duties.
4-36 Sec. 13. 1. The Board shall prepare and maintain a
4-37 separate list of:
4-38 (a) Persons issued a license.
4-39 (b) Applicants for a license.
4-40 (c) Persons whose licenses have been revoked or suspended by
4-41 the Board.
4-42 The Board shall, upon request, disclose the information included
4-43 in each list and may charge a fee for a copy of such a list.
4-44 2. The Board shall:
5-1 (a) Prepare and maintain a record of its proceedings and
5-2 transactions;
5-3 (b) Adopt a seal of which each court in this state shall take
5-4 judicial notice; and
5-5 (c) Enforce the provisions of this chapter and any regulations
5-6 adopted pursuant thereto.
5-7 Sec. 14. The Board shall adopt regulations to carry out the
5-8 provisions of this chapter, including, without limitation,
5-9 regulations that:
5-10 1. Establish the requirements for continuing education for
5-11 the renewal of a license to practice massage therapy; and
5-12 2. Prescribe the requirements for any practical, oral or
5-13 written examination for a license to practice massage therapy that
5-14 the Board may require, including, without limitation, the passing
5-15 grade for such an examination.
5-16 Sec. 15. 1. The Board may employ an Executive Secretary
5-17 and any other persons necessary to carry out its duties.
5-18 2. While engaged in the business of the Board, each member
5-19 and employee of the Board is entitled to receive a per diem
5-20 allowance and travel expenses at a rate fixed by the Board. The
5-21 rate must not exceed the rate provided for officers and employees
5-22 of this state generally.
5-23 Sec. 16. The Board shall adopt a fiscal year beginning on
5-24 July 1 and ending on June 30.
5-25 Sec. 17. 1. Except as otherwise provided in subsection 5, all
5-26 reasonable expenses incurred by the Board in carrying out the
5-27 provisions of this chapter must be paid from the money that it
5-28 receives. No part of any expenses of the Board may be paid from
5-29 the State General Fund.
5-30 2. The Board may accept grants, gifts, donations and
5-31 contributions from any source to assist in carrying out the
5-32 provisions of this chapter.
5-33 3. All money received by the Board must be deposited in a
5-34 bank or other financial institution in this state and paid out on its
5-35 order for its expenses.
5-36 4. The Board may delegate to a hearing officer or panel its
5-37 authority to take any disciplinary action pursuant to this chapter,
5-38 impose and collect fines and penalties therefor, and deposit the
5-39 money therefrom in a bank or other financial institution in this
5-40 state.
5-41 5. If a hearing officer or panel is not authorized to take
5-42 disciplinary action pursuant to subsection 4 and the Board
5-43 deposits the money collected from the imposition of fines with the
5-44 State Treasurer for credit to the State General Fund, it may
5-45 present a claim to the State Board of Examiners for
6-1 recommendation to the Interim Finance Committee if money is
6-2 required to pay attorney’s fees or the costs of an investigation, or
6-3 both.
6-4 Sec. 18. 1. A person who is not licensed pursuant to this
6-5 chapter to practice massage therapy or whose license has been
6-6 suspended or revoked by the Board or has expired and who:
6-7 (a) Engages in the practice of massage therapy; or
6-8 (b) Uses in connection with his name the words or letters
6-9 “L.M.T.,” “licensed massage therapist,” “licensed massage
6-10 technician,” “M.T.,” “massage technician” or “massage
6-11 therapist,” or any other letters, words or insignia indicating or
6-12 implying that he is licensed to practice massage therapy, or who in
6-13 any other way, orally, or in writing or print, or by sign, directly or
6-14 by implication, uses the word “massage” or represents himself as
6-15 licensed or qualified to engage in the practice of massage
6-16 therapy,
6-17 is guilty of a misdemeanor.
6-18 2. If the Board determines that a person has violated or is
6-19 about to violate the provisions of subsection 1, the Board may
6-20 bring an action in a court of competent jurisdiction to enjoin that
6-21 person from engaging in or continuing the violation. An
6-22 injunction:
6-23 (a) May be issued without proof of actual damage sustained by
6-24 any person.
6-25 (b) Does not prevent the criminal prosecution and punishment
6-26 of a person who violates those provisions.
6-27 Sec. 19. 1. The Board may issue a license to practice
6-28 massage therapy.
6-29 2. An applicant for a license to practice massage therapy
6-30 must:
6-31 (a) Be at least 18 years of age.
6-32 (b) Submit to the Board:
6-33 (1) A completed application on a form prescribed by the
6-34 Board;
6-35 (2) The fees prescribed by the Board pursuant to section 25
6-36 of this act;
6-37 (3) Proof that he has successfully completed at least 500
6-38 hours of instruction in a program of massage therapy approved by
6-39 the Board;
6-40 (4) A certification by the licensing entity in each state,
6-41 territory or possession of the United States or the District of
6-42 Columbia in which the applicant is or has been licensed to
6-43 practice massage therapy which states that no disciplinary
6-44 proceedings relating to his license to practice massage therapy are
6-45 pending; and
7-1 (5) A full set of fingerprints for the purpose of conducting a
7-2 background check of the applicant.
7-3 (c) Pass any other examination prescribed by the Board
7-4 pursuant to the regulations adopted by the Board under section 14
7-5 of this act.
7-6 (d) Pass a written examination administered by the National
7-7 Certification Board for Therapeutic Massage and Bodywork or
7-8 any other organization approved by the Board.
7-9 3. The Board shall approve a program of massage therapy
7-10 that is, including, but not limited to, a program:
7-11 (a) Approved by the Commission on Postsecondary Education;
7-12 or
7-13 (b) Offered by a public community college in this state.
7-14 Sec. 20. If the National Certification Board for Therapeutic
7-15 Massage and Bodywork or any other organization that is approved
7-16 by the Board to administer the written examination required by
7-17 section 19 of this act ceases to offer such a written examination,
7-18 the Board shall prepare or cause to be prepared a written
7-19 examination that is:
7-20 1. Substantially equivalent to the written examination that
7-21 was administered by the National Certification Board for
7-22 Therapeutic Massage and Bodywork or any other organization
7-23 approved by the Board; and
7-24 2. Offered not less than two times each year at a location in
7-25 northern Nevada and southern Nevada.
7-26 Sec. 21. 1. The Board may issue a temporary license to
7-27 practice massage therapy.
7-28 2. An applicant for a license to practice massage therapy
7-29 pursuant to this section must:
7-30 (a) Be at least 18 years of age.
7-31 (b) Submit to the Board:
7-32 (1) A completed application on a form prescribed by the
7-33 Board;
7-34 (2) The fees prescribed by the Board pursuant to section 25
7-35 of this act;
7-36 (3) Proof that he has successfully completed at least 500
7-37 hours of instruction in a program of massage therapy approved by
7-38 the Board;
7-39 (4) A certification by the licensing entity in each state,
7-40 territory or possession of the United States or the District of
7-41 Columbia in which the applicant is or has been licensed to
7-42 practice massage therapy which states that no disciplinary
7-43 proceedings relating to his license to practice massage therapy are
7-44 pending; and
8-1 (5) A full set of fingerprints for the purpose of conducting a
8-2 background check of the applicant.
8-3 3. A license issued pursuant to this section shall expire 1 year
8-4 from the date the license is issued and the Board shall not renew
8-5 the license.
8-6 4. The Board shall approve a program of massage therapy
8-7 that is, including, but not limited to, a program:
8-8 (a) Approved by the Commission on Postsecondary Education;
8-9 or
8-10 (b) Offered by a public community college in this state.
8-11 Sec. 22. 1. In addition to the requirements set forth in
8-12 sections 19, 21 and 24 of this act, a natural person who applies for
8-13 the issuance or renewal of a license as a massage therapist shall
8-14 submit to the Board:
8-15 (a) In any application for issuance of a license, the social
8-16 security number of the applicant and the statement prescribed by
8-17 the Welfare Division of the Department of Human Resources
8-18 pursuant to NRS 425.520. The statement must be completed and
8-19 signed by the applicant.
8-20 (b) In any application for renewal of a license, the statement
8-21 prescribed by the Welfare Division of the Department of Human
8-22 Resources pursuant to NRS 425.520. The statement must be
8-23 completed and signed by the applicant.
8-24 2. The Board shall include the statement required pursuant to
8-25 subsection 1 in:
8-26 (a) The application or any other forms that must be submitted
8-27 for the issuance or renewal of the license; or
8-28 (b) A separate form prescribed by the Board.
8-29 3. The Board shall not issue or renew a license as a massage
8-30 therapist if the applicant is a natural person who:
8-31 (a) Fails to submit the statement required pursuant to
8-32 subsection 1; or
8-33 (b) Indicates on the statement submitted pursuant to
8-34 subsection 1 that he is subject to a court order for the support of a
8-35 child and is not in compliance with the order or a plan approved
8-36 by the district attorney or other public agency enforcing the order
8-37 for the repayment of the amount owed pursuant to the order.
8-38 4. If an applicant indicates on the statement submitted
8-39 pursuant to subsection 1 that he is subject to a court order for the
8-40 support of a child and is not in compliance with the order or a
8-41 plan approved by the district attorney or other public agency
8-42 enforcing the order for the repayment of the amount owed
8-43 pursuant to the order, the Board shall advise the applicant to
8-44 contact the district attorney or other public agency enforcing the
9-1 order to determine the actions that the applicant may take to
9-2 satisfy the arrearage.
9-3 Sec. 23. 1. If the Board receives a copy of a court order
9-4 issued pursuant to NRS 425.540 that provides for the suspension
9-5 of all professional, occupational and recreational licenses,
9-6 certificates and permits issued to a person who is the holder of a
9-7 license as a massage therapist, the Board shall deem the license
9-8 issued to that person to be suspended at the end of the 30th day
9-9 after the date on which the court order was issued unless the
9-10 Board receives a letter issued to the holder of the license by the
9-11 district attorney or other public agency pursuant to NRS 425.550
9-12 stating that the holder of the license has complied with the
9-13 subpoena or warrant or has satisfied the arrearage pursuant to
9-14 NRS 425.560.
9-15 2. The Board shall reinstate a license as a massage therapist
9-16 that has been suspended by a district court pursuant to NRS
9-17 425.540 if:
9-18 (a) The Board receives a letter issued by the district attorney or
9-19 other public agency pursuant to NRS 425.550 to the person whose
9-20 license was suspended stating that the person whose license was
9-21 suspended has complied with the subpoena or warrant or has
9-22 satisfied the arrearage pursuant to NRS 425.560.
9-23 (b) The licensee pays the fee for reinstatement of the license
9-24 prescribed by the Board pursuant to section 25 of this act.
9-25 Sec. 24. 1. Except as otherwise provided in subsection 3,
9-26 the Board may issue a license to practice massage therapy, without
9-27 examination, to an applicant who:
9-28 (a) Is licensed to practice massage therapy in another state,
9-29 territory or possession of the United States or the District of
9-30 Columbia;
9-31 (b) Has practiced massage therapy in another state, territory or
9-32 possession of the United States or the District of Columbia in
9-33 which he has been licensed for at least 5 consecutive years; and
9-34 (c) Complies with the provisions of subsection 2.
9-35 2. An applicant for a license issued by the Board pursuant to
9-36 subsection 1 must submit to the Board:
9-37 (a) A completed application on a form prescribed by the
9-38 Board;
9-39 (b) The fees prescribed by the Board pursuant to section 25 of
9-40 this act;
9-41 (c) A notarized statement signed by the applicant that states
9-42 whether any disciplinary proceedings relating to his license to
9-43 practice massage therapy have ever been instituted against him;
9-44 and
10-1 (d) A certification by the licensing entity in each state, territory
10-2 or possession of the United States or the District of Columbia in
10-3 which the applicant is or has been licensed to practice massage
10-4 therapy which states that no disciplinary proceedings relating to
10-5 his license to practice massage therapy are pending.
10-6 3. The Board shall not issue a license pursuant to this section
10-7 unless the state, territory or possession of the United States or the
10-8 District of Columbia in which the applicant is licensed had
10-9 requirements at the time the license was issued that the Board
10-10 determines are substantially equivalent to the requirements for a
10-11 license to practice massage therapy set forth in this chapter.
10-12 Sec. 25. 1. The Board shall, by regulation, prescribe the
10-13 fees for:
10-14 (a) Any examination for a license required by the Board.
10-15 (b) An application for a license.
10-16 (c) An application for a license without examination.
10-17 (d) A background check of an applicant for a license.
10-18 (e) The issuance of a license.
10-19 (f) The annual renewal of a license.
10-20 (g) The restoration of an expired or revoked license.
10-21 (h) The reinstatement of a suspended license.
10-22 (i) The issuance of a duplicate license.
10-23 2. In addition to the fees prescribed pursuant to subsection 1,
10-24 the Board may charge and collect a fee for any other service it
10-25 provides.
10-26 3. The total fees collected by the Board pursuant to this
10-27 section must not exceed the amount of money necessary for the
10-28 operation of the Board.
10-29 Sec. 26. Each licensee shall display his license conspicuously
10-30 at each place where he practices massage therapy.
10-31 Sec. 27. 1. Each license to engage in the practice of
10-32 massage therapy expires on the last day of the month in which it
10-33 was issued in the next succeeding calendar year and may be
10-34 renewed if, before the license expires, the licensee submits to the
10-35 Board:
10-36 (a) A completed application for renewal on a form prescribed
10-37 by the Board;
10-38 (b) Proof of his completion of the requirements for continuing
10-39 education prescribed by the Board pursuant to the regulations
10-40 adopted by the Board under section 14 of this act; and
10-41 (c) The fee for renewal of the license prescribed by the Board
10-42 pursuant to section 25 of this act.
10-43 2. A license that expires pursuant to the provisions of this
10-44 section may be restored if the applicant:
10-45 (a) Complies with the provisions of subsection 1;
11-1 (b) Submits to the Board proof of his ability to engage in the
11-2 practice of massage therapy; and
11-3 (c) Submits to the Board the fees prescribed by the Board
11-4 pursuant to section 25 of this act:
11-5 (1) For the restoration of an expired license; and
11-6 (2) For each year that the license was expired, for the
11-7 renewal of a license.
11-8 3. If the Board determines that an applicant has not
11-9 submitted satisfactory proof of his ability to engage in the practice
11-10 of massage therapy, the Board may require the applicant to pass:
11-11 (a) The written examination required by paragraph (d) of
11-12 subsection 2 of section 19 of this act; and
11-13 (b) Any practical examination prescribed by the Board
11-14 pursuant to the regulations adopted by the Board under section 14
11-15 of this act.
11-16 4. The Board shall send a notice of renewal to each licensee
11-17 not later than 60 days before his license expires. The notice must
11-18 include a statement of the provisions of this section and the
11-19 amount of the fee for renewal of the license.
11-20 Sec. 28. The Board may refuse to issue a license to an
11-21 applicant, or may initiate disciplinary action against a licensee, if
11-22 the applicant or licensee:
11-23 1. Has submitted false or misleading information to the
11-24 Board or any agency of this state, any other state, a territory or
11-25 possession of the United States, the District of Columbia or the
11-26 Federal Government.
11-27 2. Has violated any provision of this chapter or any
11-28 regulation adopted pursuant thereto.
11-29 3. Has been convicted of a felony, a sexual offense, a crime
11-30 relating to a controlled substance or a crime involving moral
11-31 turpitude.
11-32 4. Has engaged in or solicited sexual activity during the
11-33 course of practicing massage on a person, with or without
11-34 the consent of the person, including, without limitation, if the
11-35 applicant or licensee:
11-36 (a) Made sexual advances toward the person.
11-37 (b) Requested sexual favors from the person.
11-38 (c) Massaged, touched or applied any instrument to the
11-39 genitals or breasts of the person, unless the person has signed a
11-40 written consent form provided by the Board.
11-41 5. Has habitually abused alcohol or is addicted to a
11-42 controlled substance.
11-43 6. Is, in the judgment of the Board, guilty of gross negligence
11-44 in his practice of massage therapy.
12-1 7. Is determined by the Board to be professionally
12-2 incompetent to engage in the practice of massage therapy.
12-3 8. Has failed to provide information requested by the Board
12-4 within 60 days after he received the request.
12-5 9. Has, in the judgment of the Board, engaged in unethical or
12-6 unprofessional conduct as it relates to the practice of massage
12-7 therapy.
12-8 10. Has been disciplined in another state, a territory or
12-9 possession of the United States or the District of Columbia for
12-10 conduct that would be a violation of the provisions of this chapter
12-11 or any regulations adopted pursuant thereto if the conduct were
12-12 committed in this state.
12-13 11. Has solicited or received compensation for services
12-14 relating to the practice of massage therapy that he did not provide.
12-15 12. If the licensee is on probation, has violated the terms of
12-16 his probation.
12-17 13. Has engaged in false, deceptive or misleading advertising.
12-18 Sec. 29. 1. The Board or any of its members who become
12-19 aware of any ground for initiating disciplinary action against a
12-20 licensee shall, and any other person who is so aware may, file a
12-21 written complaint with the Board.
12-22 2. The complaint must specifically:
12-23 (a) Set forth the relevant facts; and
12-24 (b) Charge one or more grounds for initiating disciplinary
12-25 action.
12-26 3. As soon as practicable after the filing of the complaint, the
12-27 Board shall set a date for a hearing on the matter. The date must
12-28 not be later than 30 days after the complaint is filed, except that
12-29 the date may be extended upon agreement of the person against
12-30 whom the complaint is filed and the Board.
12-31 4. The Board shall:
12-32 (a) Notify the person that a complaint against him has been
12-33 filed;
12-34 (b) Inform that person of the date, time and place set for the
12-35 hearing; and
12-36 (c) Include a copy of the complaint with the notice.
12-37 5. The notice and complaint may be served on the person by
12-38 delivery to him personally or by registered or certified mail at his
12-39 last known address.
12-40 Sec. 30. 1. The person against whom the complaint is filed:
12-41 (a) May appear in person or through the representation of
12-42 legal counsel;
12-43 (b) Must be given adequate opportunity to confront any
12-44 witness against him;
13-1 (c) May testify and introduce the testimony of witnesses in his
13-2 behalf; and
13-3 (d) May submit arguments and briefs in person or through his
13-4 counsel.
13-5 2. The Board shall issue its decision within 30 days after the
13-6 hearing.
13-7 3. The failure of the person charged to attend the hearing or
13-8 defend himself must not delay and does not void the proceedings.
13-9 The Board may, for good cause shown, continue any hearing from
13-10 time to time.
13-11 Sec. 31. 1. Except as otherwise provided in subsection 3, if
13-12 the Board determines, after notice and hearing, that an applicant
13-13 for a license or a licensee has committed any of the acts charged
13-14 in the complaint, it may:
13-15 (a) Place him on probation for a specified period or until
13-16 further order of the Board;
13-17 (b) Administer to him a public or private reprimand;
13-18 (c) Refuse to renew, reinstate or restore his license;
13-19 (d) Suspend or revoke his license;
13-20 (e) Impose an administrative fine of not more than $5,000;
13-21 (f) Require him to pay the costs incurred by the Board to
13-22 conduct the investigation and hearing; or
13-23 (g) Impose any combination of actions set forth in paragraphs
13-24 (a) to (f), inclusive.
13-25 2. The order of the Board may contain such other terms,
13-26 provisions or conditions as the Board deems proper.
13-27 3. The Board may, if the Board finds that the action is
13-28 necessary to protect the health, safety or welfare of the public,
13-29 upon notice to the licensee, temporarily suspend or refuse to
13-30 renew his license for a period not to exceed 30 days. For good
13-31 cause, the Board may extend the period of suspension of the
13-32 license or continue to refuse to renew the license if the Board
13-33 deems such action to be necessary to protect the health, safety or
13-34 welfare of the public. In any such case, a hearing must be held
13-35 and a final decision rendered within 30 days after the Board
13-36 notifies the licensee of the temporary suspension.
13-37 Sec. 32. 1. The Board may conduct investigations and hold
13-38 hearings to carry out its duties pursuant to the provisions of this
13-39 chapter.
13-40 2. In such a hearing:
13-41 (a) Any member of the Board may administer oaths and
13-42 examine witnesses; and
13-43 (b) The Board or any member thereof may issue subpoenas to
13-44 compel the attendance of witnesses and the production of books
13-45 and papers.
14-1 3. Each witness who is subpoenaed to appear before the
14-2 Board is entitled to receive for his attendance the same fees and
14-3 mileage allowed by law to a witness in a civil case. The amount
14-4 must be paid by the party who requested the subpoena. If any
14-5 witness who has not been required to attend at the request of any
14-6 party is subpoenaed by the Board, his fees and mileage must be
14-7 paid from the money of the Board.
14-8 4. If any person fails to comply with the subpoena within 10
14-9 days after it is issued, the Chairman of the Board may petition a
14-10 court of competent jurisdiction for an order of the court
14-11 compelling compliance with the subpoena.
14-12 5. Upon such a petition, the court shall enter an order
14-13 directing the person subpoenaed to appear before the court at a
14-14 time and place to be fixed by the court in its order, the time to be
14-15 not more than 10 days after the date of the order, and to show
14-16 cause why he has not complied with the subpoena. A certified copy
14-17 of the order must be served upon the person subpoenaed.
14-18 6. If it appears to the court that the subpoena was regularly
14-19 issued by the Board, the court shall enter an order compelling
14-20 compliance with the subpoena. The failure of the person to obey
14-21 the order is a contempt of the court that issued the order.
14-22 Sec. 33. 1. Any records or information obtained during the
14-23 course of an investigation by the Board are confidential until the
14-24 investigation is completed. Upon completion of the investigation,
14-25 the records and information are public records if:
14-26 (a) Disciplinary action was taken by the Board as a result of
14-27 the investigation; or
14-28 (b) The person who was investigated submits a written request
14-29 to the Board asking that the information and records be made
14-30 public records.
14-31 2. The provisions of this section do not prohibit the Board
14-32 from cooperating with another licensing board or any agency that
14-33 is investigating a licensee, including, without limitation, a law
14-34 enforcement agency.
14-35 Sec. 34. NRS 622.010 is hereby amended to read as follows:
14-36 622.010 As used in this chapter, unless the context otherwise
14-37 requires, “occupational licensing board” includes, without
14-38 limitation:
14-39 1. The State Board of Architecture, Interior Design and
14-40 Residential Design.
14-41 2. The State Board of Landscape Architecture.
14-42 3. The State Contractors’ Board.
14-43 4. The State Board of Professional Engineers and Land
14-44 Surveyors.
14-45 5. The Board of Registered Environmental Health Specialists.
15-1 6. The Nevada State Board of Accountancy.
15-2 7. The Board of Medical Examiners.
15-3 8. The Board of Homeopathic Medical Examiners.
15-4 9. The Board of Dental Examiners of Nevada.
15-5 10. The State Board of Nursing.
15-6 11. The State Board of Osteopathic Medicine.
15-7 12. The Chiropractic Physicians’ Board of Nevada.
15-8 13. The State Board of Oriental Medicine.
15-9 14. The State Board of Podiatry.
15-10 15. The Nevada State Board of Optometry.
15-11 16. The Board of Dispensing Opticians.
15-12 17. The Board of Hearing Aid Specialists.
15-13 18. The Board of Examiners for Audiology and Speech
15-14 Pathology.
15-15 19. The Nevada State Board of Veterinary Medical Examiners.
15-16 20. The State Board of Pharmacy.
15-17 21. The State Board of Physical Therapy Examiners.
15-18 22. The Board of Occupational Therapy.
15-19 23. The Board of Psychological Examiners.
15-20 24. The Board of Examiners for Marriage and Family
15-21 Therapists.
15-22 25. The Board of Examiners for Social Workers.
15-23 26. The Board of Examiners for Alcohol and Drug Abuse
15-24 Counselors.
15-25 27. The State Board of Funeral Directors, Embalmers and
15-26 Operators of Cemeteries and Crematories.
15-27 28. The State Barbers’ Health and Sanitation Board.
15-28 29. The State Board of Cosmetology.
15-29 30. The Real Estate Division of the Department of Business
15-30 and Industry.
15-31 31. The Commissioner of Financial Institutions.
15-32 32. The Private Investigator’s Licensing Board.
15-33 33. The Health Division of the Department of Human
15-34 Resources.
15-35 34. The Nevada State Board of Examiners for Administrators
15-36 of Facilities for Long-Term Care.
15-37 35. The Certified Court Reporters’ Board of Nevada.
15-38 36. The Board of Massage Therapists.
15-39 Sec. 35. NRS 218.825 is hereby amended to read as follows:
15-40 218.825 1. Each of the boards and commissions created by
15-41 the provisions of chapters 623 to 625A, inclusive, 628 to 644,
15-42 inclusive, [and 641C,] 654 and 656 of NRS and sections 2 to 33,
15-43 inclusive, of this act, shall engage the services of a certified public
15-44 accountant or public accountant, or firm of either of such
15-45 accountants, to audit all its fiscal records once each year for the
16-1 preceding fiscal year or once every other year for the 2 preceding
16-2 fiscal years. The cost of the audit must be paid by the board or
16-3 commission audited.
16-4 2. A report of each such audit must be filed by the board or
16-5 commission with the Legislative Auditor and the [Director] Chief of
16-6 the Budget Division of the Department of Administration on or
16-7 before December 1 of each year in which an audit is conducted. All
16-8 audits must be conducted in accordance with generally accepted
16-9 auditing standards and all financial statements must be prepared in
16-10 accordance with generally accepted principles of accounting for
16-11 special revenue funds.
16-12 3. The Legislative Auditor shall audit the fiscal records of any
16-13 such board or commission whenever directed to do so by the
16-14 Legislative Commission. When the Legislative Commission directs
16-15 such an audit, it shall also determine who is to pay the cost of the
16-16 audit.
16-17 Sec. 36. NRS 284.013 is hereby amended to read as follows:
16-18 284.013 1. Except as otherwise provided in subsection 4, this
16-19 chapter does not apply to:
16-20 (a) Agencies, bureaus, commissions, officers or personnel in the
16-21 Legislative Department or the Judicial Department of State
16-22 Government, including the Commission on Judicial Discipline;
16-23 (b) Any person who is employed by a board, commission,
16-24 committee or council created in chapters 590, 623 to 625A,
16-25 inclusive, 628, 630 to 644, inclusive, 648, 652, 654 and 656 of NRS
16-26 [;] and sections 2 to 33, inclusive, of this act; or
16-27 (c) Officers or employees of any agency of the Executive
16-28 Department of the State Government who are exempted by specific
16-29 statute.
16-30 2. Except as otherwise provided in subsection 3, the terms and
16-31 conditions of employment of all persons referred to in subsection 1,
16-32 including salaries not prescribed by law and leaves of absence,
16-33 including, without limitation, annual leave and sick and disability
16-34 leave, must be fixed by the appointing or employing authority
16-35 within the limits of legislative appropriations or authorizations.
16-36 3. Except as otherwise provided in this subsection, leaves of
16-37 absence prescribed pursuant to subsection 2 must not be of lesser
16-38 duration than those provided for other state officers and employees
16-39 pursuant to the provisions of this chapter. The provisions of this
16-40 subsection do not govern the Legislative Commission with respect
16-41 to the personnel of the Legislative Counsel Bureau.
16-42 4. Any board, commission, committee or council created in
16-43 chapters 590, 623 to 625A, inclusive, 628, 630 to 644, inclusive,
16-44 648, 652, 654 and 656 of NRS and sections 2 to 33, inclusive, of
16-45 this act which contracts for the services of a person, shall require the
17-1 contract for those services to be in writing. The contract must be
17-2 approved by the State Board of Examiners before those services
17-3 may be provided.
17-4 Sec. 37. NRS 353.005 is hereby amended to read as follows:
17-5 353.005 The provisions of this chapter do not apply to boards
17-6 created pursuant to chapters 623 to 625A, inclusive, 628, 630 to
17-7 640A, inclusive, 641 to 644, inclusive, 654 and 656 of NRS and
17-8 sections 2 to 33, inclusive, of this act and the officers and
17-9 employees thereof.
17-10 Sec. 38. NRS 353A.020 is hereby amended to read as follows:
17-11 353A.020 1. The Director, in consultation with the
17-12 Committee and Legislative Auditor, shall adopt a uniform system of
17-13 internal accounting and administrative control for agencies. The
17-14 elements of the system must include, without limitation:
17-15 (a) A plan of organization which provides for a segregation of
17-16 duties appropriate to safeguard the assets of the agency;
17-17 (b) A plan which limits access to assets of the agency to persons
17-18 who need the assets to perform their assigned duties;
17-19 (c) Procedures for authorizations and recordkeeping which
17-20 effectively control accounting of assets, liabilities, revenues and
17-21 expenses;
17-22 (d) A system of practices to be followed in the performance of
17-23 the duties and functions of each agency; and
17-24 (e) An effective system of internal review.
17-25 2. The Director, in consultation with the Committee and
17-26 Legislative Auditor, may modify the system whenever he considers
17-27 it necessary.
17-28 3. Each agency shall develop written procedures to carry out
17-29 the system of internal accounting and administrative control adopted
17-30 pursuant to this section.
17-31 4. For the purposes of this section, “agency” does not include:
17-32 (a) A board created by the provisions of chapters 623 to 625A,
17-33 inclusive, 628, 630 to 640A, inclusive, 641 to 644, inclusive, 654
17-34 and 656 of NRS[.] and sections 2 to 33, inclusive, of this act.
17-35 (b) The University and Community College System of Nevada.
17-36 (c) The Public Employees’ Retirement System.
17-37 (d) The Housing Division of the Department of Business and
17-38 Industry.
17-39 (e) The Colorado River Commission of Nevada.
17-40 Sec. 39. NRS 353A.025 is hereby amended to read as follows:
17-41 353A.025 1. The head of each agency shall periodically
17-42 review the agency’s system of internal accounting and
17-43 administrative control to determine whether it is in compliance with
17-44 the uniform system of internal accounting and administrative control
17-45 for agencies adopted pursuant to subsection 1 of NRS 353A.020.
18-1 2. On or before July 1 of each even-numbered year, the head of
18-2 each agency shall report to the Director whether the agency’s
18-3 system of internal accounting and administrative control is in
18-4 compliance with the uniform system adopted pursuant to subsection
18-5 1 of NRS 353A.020. The reports must be made available for
18-6 inspection by the members of the Legislature.
18-7 3. For the purposes of this section, “agency” does not include:
18-8 (a) A board created by the provisions of chapters 623 to 625A,
18-9 inclusive, 628, 630 to 640A, inclusive, 641 to 644, inclusive, 654
18-10 and 656 of NRS[.] and sections 2 to 33, inclusive, of this act.
18-11 (b) The University and Community College System of Nevada.
18-12 (c) The Public Employees’ Retirement System.
18-13 (d) The Housing Division of the Department of Business and
18-14 Industry.
18-15 (e) The Colorado River Commission of Nevada.
18-16 4. The Director shall, on or before the first Monday in
18-17 February of each odd-numbered year, submit a report on the status
18-18 of internal accounting and administrative controls in agencies to the:
18-19 (a) Director of the Legislative Counsel Bureau for transmittal to
18-20 the:
18-21 (1) Senate Standing Committee on Finance; and
18-22 (2) Assembly Standing Committee on Ways and Means;
18-23 (b) Governor; and
18-24 (c) Legislative Auditor.
18-25 5. The report submitted by the Director pursuant to subsection
18-26 4 must include, without limitation:
18-27 (a) The identification of each agency that has not complied with
18-28 the requirements of subsections 1 and 2;
18-29 (b) The identification of each agency that does not have an
18-30 effective method for reviewing its system of internal accounting and
18-31 administrative control; and
18-32 (c) The identification of each agency that has weaknesses in its
18-33 system of internal accounting and administrative control, and the
18-34 extent and types of such weaknesses.
18-35 Sec. 40. NRS 353A.045 is hereby amended to read as follows:
18-36 353A.045 The Chief shall:
18-37 1. Report to the Director.
18-38 2. Develop long-term and annual work plans to be based on the
18-39 results of periodic documented risk assessments. The annual work
18-40 plan must list the agencies to which the Division will provide
18-41 training and assistance and be submitted to the Director for
18-42 approval. Such agencies must not include:
18-43 (a) A board created by the provisions of chapters 623 to 625A,
18-44 inclusive, 628, 630 to 640A, inclusive, 641 to 644, inclusive, 654
18-45 and 656 of NRS[.] and sections 2 to 33, inclusive, of this act.
19-1 (b) The University and Community College System of Nevada.
19-2 (c) The Public Employees’ Retirement System.
19-3 (d) The Housing Division of the Department of Business and
19-4 Industry.
19-5 (e) The Colorado River Commission of Nevada.
19-6 3. Provide a copy of the approved annual work plan to the
19-7 Legislative Auditor.
19-8 4. In consultation with the Director, prepare a plan for auditing
19-9 executive branch agencies for each fiscal year and present the plan
19-10 to the Committee for its review and approval. Each plan for auditing
19-11 must:
19-12 (a) State the agencies which will be audited, the proposed scope
19-13 and assignment of those audits and the related resources which will
19-14 be used for those audits; and
19-15 (b) Ensure that the internal accounting, administrative controls
19-16 and financial management of each agency are reviewed periodically.
19-17 5. Perform the audits of the programs and activities of the
19-18 agencies in accordance with the plan approved pursuant to
19-19 subsection 5 of NRS 353A.038 and prepare audit reports of his
19-20 findings.
19-21 6. Review each agency that is audited pursuant to subsection 5
19-22 and advise those agencies concerning internal accounting,
19-23 administrative controls and financial management.
19-24 7. Submit to each agency that is audited pursuant to subsection
19-25 5 analyses, appraisals and recommendations concerning:
19-26 (a) The adequacy of the internal accounting and administrative
19-27 controls of the agency; and
19-28 (b) The efficiency and effectiveness of the management of the
19-29 agency.
19-30 8. Report any possible abuses, illegal actions, errors, omissions
19-31 and conflicts of interest of which the Division becomes aware
19-32 during the performance of an audit.
19-33 9. Adopt the standards of the Institute of Internal Auditors for
19-34 conducting and reporting on audits.
19-35 10. Consult with the Legislative Auditor concerning the plan
19-36 for auditing and the scope of audits to avoid duplication of effort
19-37 and undue disruption of the functions of agencies that are audited
19-38 pursuant to subsection 5.
19-39 11. Appoint a Manager of Internal Controls.
19-40 Sec. 41. NRS 608.0116 is hereby amended to read as follows:
19-41 608.0116 “Professional” means pertaining to an employee who
19-42 is licensed or certified by the State of Nevada for and engaged in the
19-43 practice of law or any of the professions regulated by chapters 623
19-44 to 645, inclusive, and 656A of NRS[.] and sections 2 to 33,
19-45 inclusive, of this act.
20-1 Sec. 42. Notwithstanding the provisions of subsection 2 of
20-2 section 15 of this act, a member or employee of the Board of
20-3 Massage Therapists shall not be eligible for payment of any per
20-4 diem allowance or travel expense until July 1, 2004.
20-5 Sec. 43. 1. By October 1, 2004, a person licensed to practice
20-6 massage therapy by a county, city or town in this state must become
20-7 licensed pursuant to the provisions of sections 2 to 33, inclusive, of
20-8 this act to practice massage therapy in this state.
20-9 2. Until a person licensed to practice massage therapy by a
20-10 county, city or town in this state becomes licensed to practice
20-11 massage therapy pursuant to the provisions of sections 2 to 33,
20-12 inclusive, of this act, the person shall comply with:
20-13 (a) All ordinances and regulations of the county, city or town
20-14 that issued a license to the person until the person becomes licensed
20-15 pursuant to the provisions of sections 2 to 33, inclusive, of this act;
20-16 and
20-17 (b) The provisions of sections 2 to 18, inclusive, 20, 22, 23 and
20-18 25 to 33, inclusive, of this act.
20-19 Sec. 44. As soon as practicable after October 1, 2003, the
20-20 Governor shall appoint to the Board of Massage Therapists:
20-21 1. Two members whose term expires on June 30, 2004.
20-22 2. Three members whose terms expire on June 30, 2005.
20-23 Sec. 45. 1. This act becomes effective on October 1, 2003.
20-24 2. Sections 22 and 23 of this act expire by limitation on the
20-25 date on which the provisions of 42 U.S.C. § 666 requiring each state
20-26 to establish procedures under which the state has authority to
20-27 withhold or suspend, or to restrict the use of professional,
20-28 occupational or recreational licenses of persons who:
20-29 (a) Have failed to comply with a subpoena or warrant relating to
20-30 a proceeding to determine the paternity of a child or to establish or
20-31 enforce an obligation for the support of a child; or
20-32 (b) Are in arrears in the payment for the support of one or more
20-33 children,
20-34 are repealed by the Congress of the United States.
20-35 H