REQUIRES TWO-THIRDS MAJORITY VOTE (§§ 12, 13, 19, 21, 23, 24, 25, 27, 32)
(Reprinted with amendments adopted on April 21, 2003)
FIRST REPRINT 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 34, 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; and
2-18 (g) Movements applied manually with or without superficial
2-19 heat, cold, water or lubricants for the purpose of maintaining good
2-20 health and establishing and maintaining good physical condition.
2-21 2. The term does not include diagnosis, adjustment or
2-22 manipulation of any articulations of the body or spine.
2-23 Sec. 8. 1. The provisions of this chapter do not apply to:
2-24 (a) A person licensed pursuant to chapter 630, 630A, 632, 633,
2-25 634, 634A, 635 or 640 of NRS if the massage is performed in the
2-26 course of the practice for which he is licensed.
2-27 (b) A person who is an employee of an athletic department of
2-28 any high school, college or university in this state and who, within
2-29 the scope of that employment, practices massage therapy on
2-30 athletes.
2-31 (c) Students enrolled in a school of massage therapy
2-32 recognized by the Board.
2-33 (d) A person who practices massage therapy solely on
2-34 members of his immediate family.
2-35 (e) A person who performs any activity in a licensed brothel.
2-36 2. Except as provided in subsection 3, the provisions of this
2-37 chapter preempt the licensure and regulation of a massage
2-38 therapist by a county, city or town.
2-39 3. The provisions of this chapter do not prohibit a county, city
2-40 or town from requiring a massage therapist to obtain a license or
2-41 permit to transact business within the jurisdiction of the county,
2-42 city or town, if the license or permit is required of other persons,
2-43 regardless of occupation or profession, who transact business
2-44 within the jurisdiction of the county, city or town.
3-1 4. As used in this section, “immediate family” means persons
3-2 who are related by blood, adoption or marriage, within the second
3-3 degree of consanguinity or affinity.
3-4 Sec. 9. 1. The Board of Massage Therapists, consisting of
3-5 five members appointed by the Governor, is hereby created.
3-6 2. The Governor shall appoint to the Board:
3-7 (a) Four members who:
3-8 (1) Are licensed to practice massage therapy in this state,
3-9 two of whom represent northern Nevada and two of whom
3-10 represent southern Nevada; and
3-11 (2) Have engaged in the practice of massage therapy for the
3-12 2 years immediately preceding their appointment.
3-13 (b) One member who is a representative of the general public.
3-14 3. The Governor may, in making his appointments to the
3-15 Board pursuant to paragraph (a) of subsection 2, consider for
3-16 appointment to the Board a person recommended to him by any
3-17 person or group.
3-18 4. The members who are appointed to the Board must
3-19 continue to practice massage therapy while they are members of
3-20 the Board.
3-21 5. The Governor may remove any member of the Board for
3-22 incompetence, neglect of duty, moral turpitude, misfeasance,
3-23 malfeasance or nonfeasance in office.
3-24 6. No member of the Board may be held liable in a civil
3-25 action for an act that he performs in good faith in the execution of
3-26 his duties pursuant to this chapter.
3-27 7. Upon appointment, new members must be provided
3-28 training that includes, but is not limited to, the:
3-29 (a) Licensure and discipline of massage therapists; and
3-30 (b) Rules and procedures of the Board.
3-31 Sec. 10. 1. At the first meeting of each year, the members
3-32 of the Board shall elect a Chairman, Vice Chairman and
3-33 Secretary-Treasurer from among its members.
3-34 2. After the initial terms, the term of each member of the
3-35 Board is 4 years. The members shall continue in office until their
3-36 successors are appointed. No member of the Board may serve
3-37 more than two consecutive terms. A former member of the Board
3-38 is eligible for reappointment to the Board if that person has not
3-39 served on the Board during the 4 years immediately preceding the
3-40 reappointment. A vacancy must be filled by appointment for the
3-41 unexpired term in the same manner as the original appointment.
3-42 Sec. 11. 1. The Board shall meet at least quarterly and may
3-43 meet at other times at the call of the Chairman or upon the written
3-44 request of a majority of the members of the Board. The Board
3-45 shall alternate the location of its meetings between northern
4-1 Nevada and southern Nevada. A meeting of the Board may be
4-2 conducted telephonically or by videoconferencing. A meeting
4-3 conducted telephonically or by videoconferencing must meet the
4-4 requirements of chapter 241 of NRS.
4-5 2. Except as otherwise provided in subsection 3, a majority of
4-6 the members of the Board constitutes a quorum for the transaction
4-7 of the business of the Board.
4-8 3. Four members of the Board constitute a quorum for the
4-9 purposes of issuing, suspending or revoking a license issued
4-10 pursuant to this chapter.
4-11 Sec. 12. The Board shall:
4-12 1. Review and evaluate applications for the licensing of
4-13 massage therapists;
4-14 2. Determine the qualifications and fitness of applicants;
4-15 3. Issue, renew, reinstate, revoke, suspend and deny licenses,
4-16 as appropriate;
4-17 4. Investigate any complaints filed with the Board;
4-18 5. Impose any penalties it determines are necessary for the
4-19 administration of the provisions of this chapter; and
4-20 6. Transact any other business necessary to carry out its
4-21 duties.
4-22 Sec. 13. 1. The Board shall prepare and maintain a
4-23 separate list of:
4-24 (a) Persons issued a license.
4-25 (b) Applicants for a license.
4-26 (c) Persons whose licenses have been revoked or suspended by
4-27 the Board.
4-28 The Board shall, upon request, disclose the information included
4-29 in each list and may charge a fee for a copy of such a list.
4-30 2. The Board shall:
4-31 (a) Prepare and maintain a record of its proceedings and
4-32 transactions;
4-33 (b) Adopt a seal of which each court in this state shall take
4-34 judicial notice; and
4-35 (c) Enforce the provisions of this chapter and any regulations
4-36 adopted pursuant thereto.
4-37 Sec. 14. The Board shall adopt regulations to carry out the
4-38 provisions of this chapter, including, without limitation,
4-39 regulations that:
4-40 1. Establish the requirements for continuing education for
4-41 the renewal of a license to practice massage therapy;
4-42 2. Establish the requirements for the approval of a
4-43 continuing education course, including, without limitation, a
4-44 course on a specialty technique of massage therapy;
5-1 3. Establish the requirements for the approval of an
5-2 instructor of a continuing education course;
5-3 4. Establish requirements relating to sanitation, hygiene and
5-4 safety relating to the practice of massage therapy; and
5-5 5. Prescribe the requirements for any practical, oral or
5-6 written examination for a license to practice massage therapy that
5-7 the Board may require, including, without limitation, the passing
5-8 grade for such an examination.
5-9 Sec. 15. 1. The Board may employ an Executive Secretary
5-10 and any other persons necessary to carry out its duties.
5-11 2. While engaged in the business of the Board, each member
5-12 and employee of the Board is entitled to receive a per diem
5-13 allowance and travel expenses at a rate fixed by the Board. The
5-14 rate must not exceed the rate provided for officers and employees
5-15 of this state generally.
5-16 Sec. 16. The Board shall adopt a fiscal year beginning on
5-17 July 1 and ending on June 30.
5-18 Sec. 17. 1. Except as otherwise provided in subsection 5, all
5-19 reasonable expenses incurred by the Board in carrying out the
5-20 provisions of this chapter must be paid from the money that it
5-21 receives. No part of any expenses of the Board may be paid from
5-22 the State General Fund.
5-23 2. The Board may accept grants, gifts, donations and
5-24 contributions from any source to assist in carrying out the
5-25 provisions of this chapter.
5-26 3. All money received by the Board must be deposited in a
5-27 bank or other financial institution in this state and paid out on its
5-28 order for its expenses.
5-29 4. The Board may delegate to a hearing officer or panel its
5-30 authority to take any disciplinary action pursuant to this chapter,
5-31 impose and collect fines and penalties therefor, and deposit the
5-32 money therefrom in a bank or other financial institution in this
5-33 state.
5-34 5. If a hearing officer or panel is not authorized to take
5-35 disciplinary action pursuant to subsection 4 and the Board
5-36 deposits the money collected from the imposition of fines with the
5-37 State Treasurer for credit to the State General Fund, it may
5-38 present a claim to the State Board of Examiners for
5-39 recommendation to the Interim Finance Committee if money is
5-40 required to pay attorney’s fees or the costs of an investigation, or
5-41 both.
5-42 Sec. 18. 1. A person whose license has been suspended or
5-43 revoked by the Board or has expired and who:
5-44 (a) Engages in the practice of massage therapy; or
6-1 (b) Uses in connection with his name the words or letters
6-2 “L.M.T.,” “licensed massage therapist,” “licensed massage
6-3 technician,” “M.T.,” “massage technician” or “massage
6-4 therapist,” or any other letters, words or insignia indicating or
6-5 implying that he is licensed to practice massage therapy, or who in
6-6 any other way, orally, or in writing or print, or by sign, directly or
6-7 by implication, uses the word “massage” or represents himself as
6-8 licensed or qualified to engage in the practice of massage
6-9 therapy,
6-10 is guilty of a misdemeanor.
6-11 2. If the Board determines that a person has violated or is
6-12 about to violate the provisions of subsection 1, the Board may
6-13 bring an action in a court of competent jurisdiction to enjoin that
6-14 person from engaging in or continuing the violation. An
6-15 injunction:
6-16 (a) May be issued without proof of actual damage sustained by
6-17 any person.
6-18 (b) Does not prevent the criminal prosecution and punishment
6-19 of a person who violates those provisions.
6-20 3. A person who is not licensed pursuant to this chapter to
6-21 practice massage therapy and who:
6-22 (a) Engages in the practice of massage therapy; or
6-23 (b) Uses in connection with his name the words or letters
6-24 “L.M.T.,” “licensed massage therapist,” “licensed massage
6-25 technician,” “M.T.,” “massage technician” or “massage
6-26 therapist,” or any other letters, words or insignia indicating or
6-27 implying that he is licensed to practice massage therapy, or who in
6-28 any other way, orally, or in writing or print, or by sign, directly or
6-29 by implication, uses the word “massage” or represents himself as
6-30 licensed or qualified to engage in the practice of massage therapy,
6-31 is guilty of a misdemeanor.
6-32 Sec. 19. 1. The Board may issue a license to practice
6-33 massage therapy.
6-34 2. An applicant for a license to practice massage therapy
6-35 must:
6-36 (a) Be at least 18 years of age.
6-37 (b) Submit to the Board:
6-38 (1) A completed application on a form prescribed by the
6-39 Board;
6-40 (2) The fees prescribed by the Board pursuant to section 25
6-41 of this act;
6-42 (3) Proof that he has successfully completed at least 500
6-43 hours of instruction in a program of massage therapy recognized
6-44 by the Board;
7-1 (4) A certification by the licensing entity in each state,
7-2 territory or possession of the United States or the District of
7-3 Columbia in which the applicant is or has been licensed to
7-4 practice massage therapy which states that no disciplinary
7-5 proceedings relating to his license to practice massage therapy are
7-6 pending; and
7-7 (5) A full set of fingerprints and written permission
7-8 authorizing the Board to forward the fingerprints to the Central
7-9 Repository for Nevada Records of Criminal History for submission
7-10 to the Federal Bureau of Investigation for its report.
7-11 (c) Pass any other examination prescribed by the Board
7-12 pursuant to the regulations adopted by the Board under section 14
7-13 of this act.
7-14 (d) Pass a written examination administered by the National
7-15 Certification Board for Therapeutic Massage and Bodywork.
7-16 3. The Board shall recognize a program of massage therapy
7-17 that is, including, but not limited to, a program:
7-18 (a) Approved by the Commission on Postsecondary Education;
7-19 or
7-20 (b) Offered by a public community college in this state.
7-21 Sec. 20. If the National Certification Board for Therapeutic
7-22 Massage and Bodywork ceases to administer the written
7-23 examination required by paragraph (d) of subsection 2 of section
7-24 19 of this act or if the Board, after public comment, determines
7-25 that such examination inadequately tests the knowledge and
7-26 competency of applicants, the Board shall:
7-27 1. Accept from an applicant for a license the results of an
7-28 examination administered by any board that is accredited by the
7-29 National Commission for Certifying Agencies to examine massage
7-30 therapists; or
7-31 2. Prepare or cause to be prepared a written examination that
7-32 is:
7-33 (a) Substantially equivalent to the written examination that
7-34 was administered by the National Certification Board for
7-35 Therapeutic Massage and Bodywork or any other organization
7-36 approved by the Board; and
7-37 (b) Offered not less than two times each year at a location in
7-38 northern Nevada and southern Nevada.
7-39 Sec. 21. 1. The Board may issue a temporary license to
7-40 practice massage therapy.
7-41 2. An applicant for a license to practice massage therapy
7-42 pursuant to this section must:
7-43 (a) Be at least 18 years of age.
7-44 (b) Submit to the Board:
8-1 (1) A completed application on a form prescribed by the
8-2 Board;
8-3 (2) The fees prescribed by the Board pursuant to section 25
8-4 of this act;
8-5 (3) Proof that he has successfully completed at least 500
8-6 hours of instruction in a program of massage therapy recognized
8-7 by the Board;
8-8 (4) Proof that he:
8-9 (I) Has taken the examination offered by the National
8-10 Certification Board for Therapeutic Massage and Bodywork; or
8-11 (II) Is scheduled to take the examination offered by the
8-12 National Certification Board for Therapeutic Massage and
8-13 Bodywork within 90 days after the date of application;
8-14 (5) A certification that he has not committed any of the
8-15 offenses for which the Board may refuse to issue a license
8-16 pursuant to section 32 of this act;
8-17 (6) A certification by the licensing entity in each state,
8-18 territory or possession of the United States or the District of
8-19 Columbia in which the applicant is or has been licensed to
8-20 practice massage therapy which states that no disciplinary
8-21 proceedings relating to his license to practice massage therapy are
8-22 pending; and
8-23 (7) A full set of fingerprints and written permission
8-24 authorizing the Board to forward the fingerprints to the Central
8-25 Repository for Nevada Records of Criminal History for submission
8-26 to the Federal Bureau of Investigation for its report.
8-27 3. A license issued pursuant to this section shall expire 90
8-28 days after the date the license is issued and the Board shall not
8-29 renew the license.
8-30 4. The Board shall recognize a program of massage therapy
8-31 that is, including, but not limited to, a program:
8-32 (a) Approved by the Commission on Postsecondary Education;
8-33 or
8-34 (b) Offered by a public community college in this state.
8-35 Sec. 22. 1. In addition to the requirements set forth in
8-36 sections 19, 21 and 24 of this act, a natural person who applies for
8-37 the issuance or renewal of a license as a massage therapist shall
8-38 submit to the Board:
8-39 (a) In any application for issuance of a license, the social
8-40 security number of the applicant and the statement prescribed by
8-41 the Welfare Division of the Department of Human Resources
8-42 pursuant to NRS 425.520. The statement must be completed and
8-43 signed by the applicant.
8-44 (b) In any application for renewal of a license, the statement
8-45 prescribed by the Welfare Division of the Department of Human
9-1 Resources pursuant to NRS 425.520. The statement must be
9-2 completed and signed by the applicant.
9-3 2. The Board shall include the statement required pursuant to
9-4 subsection 1 in:
9-5 (a) The application or any other forms that must be submitted
9-6 for the issuance or renewal of the license; or
9-7 (b) A separate form prescribed by the Board.
9-8 3. The Board shall not issue or renew a license as a massage
9-9 therapist if the applicant is a natural person who:
9-10 (a) Fails to submit the statement required pursuant to
9-11 subsection 1; or
9-12 (b) Indicates on the statement submitted pursuant to
9-13 subsection 1 that he is subject to a court order for the support of a
9-14 child and is not in compliance with the order or a plan approved
9-15 by the district attorney or other public agency enforcing the order
9-16 for the repayment of the amount owed pursuant to the order.
9-17 4. If an applicant indicates on the statement submitted
9-18 pursuant to subsection 1 that he is subject to a court order for the
9-19 support of a child and is not in compliance with the order or a
9-20 plan approved by the district attorney or other public agency
9-21 enforcing the order for the repayment of the amount owed
9-22 pursuant to the order, the Board shall advise the applicant to
9-23 contact the district attorney or other public agency enforcing the
9-24 order to determine the actions that the applicant may take to
9-25 satisfy the arrearage.
9-26 Sec. 23. 1. If the Board receives a copy of a court order
9-27 issued pursuant to NRS 425.540 that provides for the suspension
9-28 of all professional, occupational and recreational licenses,
9-29 certificates and permits issued to a person who is the holder of a
9-30 license as a massage therapist, the Board shall deem the license
9-31 issued to that person to be suspended at the end of the 30th day
9-32 after the date on which the court order was issued unless the
9-33 Board receives a letter issued to the holder of the license by the
9-34 district attorney or other public agency pursuant to NRS 425.550
9-35 stating that the holder of the license has complied with the
9-36 subpoena or warrant or has satisfied the arrearage pursuant to
9-37 NRS 425.560.
9-38 2. The Board shall reinstate a license as a massage therapist
9-39 that has been suspended by a district court pursuant to NRS
9-40 425.540 if:
9-41 (a) The Board receives a letter issued by the district attorney or
9-42 other public agency pursuant to NRS 425.550 to the person whose
9-43 license was suspended stating that the person whose license was
9-44 suspended has complied with the subpoena or warrant or has
9-45 satisfied the arrearage pursuant to NRS 425.560.
10-1 (b) The licensee pays the fee for reinstatement of the license
10-2 prescribed by the Board pursuant to section 25 of this act.
10-3 Sec. 24. 1. Except as otherwise provided in subsection 3,
10-4 the Board may issue a license, without regard to the requirements
10-5 of section 19 of this act, to an applicant:
10-6 (a) Who holds a current license to practice massage therapy
10-7 issued by a county, city or town of this state that regulates the
10-8 practice of massage therapy; or
10-9 (b) Who holds a current license to practice massage therapy
10-10 issued by another state, territory or possession of the United
10-11 States.
10-12 2. An applicant for a license issued by the Board pursuant to
10-13 subsection 1 must submit to the Board:
10-14 (a) A completed application on a form prescribed by the
10-15 Board;
10-16 (b) The fees prescribed by the Board pursuant to section 25 of
10-17 this act;
10-18 (c) A notarized statement signed by the applicant that states
10-19 whether any disciplinary proceedings relating to his license to
10-20 practice massage therapy have ever been instituted against him;
10-21 and
10-22 (d) A certification by the licensing entity in each state, territory
10-23 or possession of the United States or the District of Columbia in
10-24 which the applicant is or has been licensed to practice massage
10-25 therapy during the immediately preceding 10 years which states
10-26 that no disciplinary proceedings relating to his license to practice
10-27 massage therapy are pending.
10-28 3. The Board shall not issue a license pursuant to this section
10-29 unless the state, territory or possession of the United States or the
10-30 District of Columbia in which the applicant is licensed had
10-31 requirements at the time the license was issued that the Board
10-32 determines are substantially equivalent to the requirements for a
10-33 license to practice massage therapy set forth in this chapter.
10-34 Sec. 25. 1. The Board shall establish and may amend a
10-35 schedule of fees and charges for the following items and within
10-36 the following ranges:
10-37 Not less Not more
10-38 than than
10-39 An examination established by the
10-40 Board pursuant to section 19 of this act $50 $150
10-41 An application for a license42 126
10-42 An application for a license without an
10-43 examination........................ 42 126
11-1 A background check of an applicant$48 $120
11-2 The issuance of a license.... 52 156
11-3 The renewal of a license..... 33 99
11-4 The restoration of an expired license33 99
11-5 The reinstatement of a suspended or
11-6 revoked license..................... 99 250
11-7 The issuance of a duplicate license 25 75
11-8 The restoration of an inactive license33 99
11-9 2. In addition to the fees prescribed pursuant to subsection 1,
11-10 the Board may charge and collect a fee for any other service,
11-11 including, without limitation, the reinstatement of a suspended or
11-12 revoked license, it provides.
11-13 3. The total fees collected by the Board pursuant to this
11-14 section must not exceed the amount of money necessary for the
11-15 operation of the Board.
11-16 Sec. 26. Each licensee shall display his license conspicuously
11-17 at each place where he practices massage therapy.
11-18 Sec. 27. 1. Each license to engage in the practice of
11-19 massage therapy expires on the last day of the month in which it
11-20 was issued in the next succeeding calendar year and may be
11-21 renewed if, before the license expires, the licensee submits to the
11-22 Board:
11-23 (a) A completed application for renewal on a form prescribed
11-24 by the Board;
11-25 (b) Proof of his completion of the requirements for continuing
11-26 education prescribed by the Board pursuant to the regulations
11-27 adopted by the Board under section 14 of this act;
11-28 (c) Proof of his certification by the National Certification
11-29 Board for Therapeutic Massage and Bodywork; and
11-30 (d) The fee for renewal of the license prescribed by the Board
11-31 pursuant to section 25 of this act.
11-32 2. A license that expires pursuant to the provisions of this
11-33 section may be restored if the applicant:
11-34 (a) Complies with the provisions of subsection 1;
11-35 (b) Submits to the Board proof of his certification by the
11-36 National Certification Board for Therapeutic Massage and
11-37 Bodywork; and
11-38 (c) Submits to the Board the fees prescribed by the Board
11-39 pursuant to section 25 of this act:
11-40 (1) For the restoration of an expired license; and
11-41 (2) For each year that the license was expired, for the
11-42 renewal of a license.
11-43 3. The Board shall send a notice of renewal to each licensee
11-44 not later than 60 days before his license expires. The notice must
12-1 include a statement of the provisions of this section and the
12-2 amount of the fee for renewal of the license.
12-3 Sec. 28. 1. Upon written request to the Board, a licensee in
12-4 good standing may cause his name and license to be transferred to
12-5 an inactive list. The licensee may not practice massage therapy
12-6 during the time the license is inactive and no renewal fee accrues.
12-7 2. If an inactive licensee desires to resume the practice of
12-8 massage therapy, the Board shall renew the license upon:
12-9 (a) Demonstration, if deemed necessary by the Board, that the
12-10 licensee is then qualified and competent to practice;
12-11 (b) Completion of an application; and
12-12 (c) Payment of the current fee for renewal of the license
12-13 Sec. 29. The Board may refuse to issue a license to an
12-14 applicant, or may initiate disciplinary action against a licensee, if
12-15 the applicant or licensee:
12-16 1. Has submitted false, fraudulent or misleading information
12-17 to the Board or any agency of this state, any other state, a territory
12-18 or possession of the United States, the District of Columbia or the
12-19 Federal Government.
12-20 2. Has violated any provision of this chapter or any
12-21 regulation adopted pursuant thereto.
12-22 3. Has been convicted of:
12-23 (a) A crime involving violence, prostitution or any other sexual
12-24 offense, a crime relating to a controlled substance, a crime
12-25 involving any federal or state law or regulation relating to
12-26 massage therapy or a substantially similar business, or a crime
12-27 involving moral turpitude;
12-28 (b) Any other misdemeanor, excluding misdemeanor traffic
12-29 violations, within the past 5 years; or
12-30 (c) Any other felony within the past 10 years.
12-31 4. Has engaged in or solicited sexual activity during the
12-32 course of practicing massage on a person, with or without
12-33 the consent of the person, including, without limitation, if the
12-34 applicant or licensee:
12-35 (a) Made sexual advances toward the person.
12-36 (b) Requested sexual favors from the person.
12-37 (c) Massaged, touched or applied any instrument to the breasts
12-38 of the person, unless the person has signed a written consent form
12-39 provided by the Board.
12-40 5. Has habitually abused alcohol or is addicted to a
12-41 controlled substance.
12-42 6. Is, in the judgment of the Board, guilty of gross negligence
12-43 in his practice of massage therapy.
12-44 7. Is determined by the Board to be professionally
12-45 incompetent to engage in the practice of massage therapy.
13-1 8. Has failed to provide information requested by the Board
13-2 within 60 days after he received the request.
13-3 9. Has, in the judgment of the Board, engaged in unethical or
13-4 unprofessional conduct as it relates to the practice of massage
13-5 therapy.
13-6 10. Has been disciplined in another state, a territory or
13-7 possession of the United States or the District of Columbia for
13-8 conduct that would be a violation of the provisions of this chapter
13-9 or any regulations adopted pursuant thereto if the conduct were
13-10 committed in this state.
13-11 11. Has solicited or received compensation for services
13-12 relating to the practice of massage therapy that he did not provide.
13-13 12. If the licensee is on probation, has violated the terms of
13-14 his probation.
13-15 13. Has engaged in false, deceptive or misleading advertising,
13-16 including, without limitation, falsely, deceptively or misleadingly
13-17 advertising training in a specialty technique of massage in which
13-18 the person has not received training.
13-19 14. Has failed to maintain certification with the National
13-20 Certification Board for Therapeutic Massage and Bodywork.
13-21 Sec. 30. 1. The Board or any of its members who become
13-22 aware of any ground for initiating disciplinary action against a
13-23 licensee shall, and any other person who is so aware may, file a
13-24 written complaint with the Board.
13-25 2. The complaint must specifically:
13-26 (a) Set forth the relevant facts; and
13-27 (b) Charge one or more grounds for initiating disciplinary
13-28 action.
13-29 3. As soon as practicable after the filing of the complaint, the
13-30 Board shall set a date for a hearing on the matter. The date must
13-31 not be later than 30 days after the complaint is filed, except that
13-32 the date may be extended upon agreement of the person against
13-33 whom the complaint is filed and the Board.
13-34 4. The Board shall:
13-35 (a) Notify the person that a complaint against him has been
13-36 filed;
13-37 (b) Inform that person of the date, time and place set for the
13-38 hearing; and
13-39 (c) Include a copy of the complaint with the notice.
13-40 5. The notice and complaint may be served on the person by
13-41 delivery to him personally or by registered or certified mail at his
13-42 last known address.
13-43 Sec. 31. 1. The person against whom the complaint is filed:
13-44 (a) May appear in person or through the representation of
13-45 legal counsel;
14-1 (b) Must be given adequate opportunity to confront any
14-2 witness against him;
14-3 (c) May testify and introduce the testimony of witnesses in his
14-4 behalf; and
14-5 (d) May submit arguments and briefs in person or through his
14-6 counsel.
14-7 2. The Board shall issue its decision within 30 days after the
14-8 hearing.
14-9 3. The failure of the person charged to attend the hearing or
14-10 defend himself must not delay and does not void the proceedings.
14-11 The Board may, for good cause shown, continue any hearing from
14-12 time to time.
14-13 Sec. 32. 1. Except as otherwise provided in subsection 3, if
14-14 the Board determines, after notice and hearing, that an applicant
14-15 for a license or a licensee has committed any of the acts charged
14-16 in the complaint, it may:
14-17 (a) Place him on probation for a specified period or until
14-18 further order of the Board;
14-19 (b) Administer to him a public or private reprimand;
14-20 (c) Refuse to renew, reinstate or restore his license;
14-21 (d) Suspend or revoke his license;
14-22 (e) Impose an administrative fine of not more than $5,000;
14-23 (f) Require him to pay the costs incurred by the Board to
14-24 conduct the investigation and hearing; or
14-25 (g) Impose any combination of actions set forth in paragraphs
14-26 (a) to (f), inclusive.
14-27 2. The order of the Board may contain such other terms,
14-28 provisions or conditions as the Board deems proper.
14-29 3. The Board may, if the Board finds that the action is
14-30 necessary to protect the health, safety or welfare of the public,
14-31 upon notice to the licensee, temporarily suspend or refuse to
14-32 renew his license for a period not to exceed 30 days. For good
14-33 cause, the Board may extend the period of suspension of the
14-34 license or continue to refuse to renew the license if the Board
14-35 deems such action to be necessary to protect the health, safety or
14-36 welfare of the public. In any such case, a hearing must be held
14-37 and a final decision rendered within 30 days after the Board
14-38 notifies the licensee of the temporary suspension.
14-39 Sec. 33. 1. The Board may conduct investigations and hold
14-40 hearings to carry out its duties pursuant to the provisions of this
14-41 chapter.
14-42 2. In such a hearing:
14-43 (a) Any member of the Board may administer oaths and
14-44 examine witnesses; and
15-1 (b) The Board or any member thereof may issue subpoenas to
15-2 compel the attendance of witnesses and the production of books
15-3 and papers.
15-4 3. Each witness who is subpoenaed to appear before the
15-5 Board is entitled to receive for his attendance the same fees and
15-6 mileage allowed by law to a witness in a civil case. The amount
15-7 must be paid by the party who requested the subpoena. If any
15-8 witness who has not been required to attend at the request of any
15-9 party is subpoenaed by the Board, his fees and mileage must be
15-10 paid from the money of the Board.
15-11 4. If any person fails to comply with the subpoena within 10
15-12 days after it is issued, the Chairman of the Board may petition a
15-13 court of competent jurisdiction for an order of the court
15-14 compelling compliance with the subpoena.
15-15 5. Upon such a petition, the court shall enter an order
15-16 directing the person subpoenaed to appear before the court at a
15-17 time and place to be fixed by the court in its order, the time to be
15-18 not more than 10 days after the date of the order, and to show
15-19 cause why he has not complied with the subpoena. A certified copy
15-20 of the order must be served upon the person subpoenaed.
15-21 6. If it appears to the court that the subpoena was regularly
15-22 issued by the Board, the court shall enter an order compelling
15-23 compliance with the subpoena. The failure of the person to obey
15-24 the order is a contempt of the court that issued the order.
15-25 Sec. 34. 1. Any records or information obtained during the
15-26 course of an investigation by the Board are confidential until the
15-27 investigation is completed. Upon completion of the investigation,
15-28 the records and information are public records if:
15-29 (a) Disciplinary action was taken by the Board as a result of
15-30 the investigation; or
15-31 (b) The person who was investigated submits a written request
15-32 to the Board asking that the information and records be made
15-33 public records.
15-34 2. The provisions of this section do not prohibit the Board
15-35 from cooperating with another licensing board, any agency or any
15-36 county, city or town in which the licensee practices massage
15-37 therapy that is investigating a licensee, including, without
15-38 limitation, a law enforcement agency.
15-39 Sec. 35. NRS 622.010 is hereby amended to read as follows:
15-40 622.010 As used in this chapter, unless the context otherwise
15-41 requires, “occupational licensing board” includes, without
15-42 limitation:
15-43 1. The State Board of Architecture, Interior Design and
15-44 Residential Design.
15-45 2. The State Board of Landscape Architecture.
16-1 3. The State Contractors’ Board.
16-2 4. The State Board of Professional Engineers and Land
16-3 Surveyors.
16-4 5. The Board of Registered Environmental Health Specialists.
16-5 6. The Nevada State Board of Accountancy.
16-6 7. The Board of Medical Examiners.
16-7 8. The Board of Homeopathic Medical Examiners.
16-8 9. The Board of Dental Examiners of Nevada.
16-9 10. The State Board of Nursing.
16-10 11. The State Board of Osteopathic Medicine.
16-11 12. The Chiropractic Physicians’ Board of Nevada.
16-12 13. The State Board of Oriental Medicine.
16-13 14. The State Board of Podiatry.
16-14 15. The Nevada State Board of Optometry.
16-15 16. The Board of Dispensing Opticians.
16-16 17. The Board of Hearing Aid Specialists.
16-17 18. The Board of Examiners for Audiology and Speech
16-18 Pathology.
16-19 19. The Nevada State Board of Veterinary Medical Examiners.
16-20 20. The State Board of Pharmacy.
16-21 21. The State Board of Physical Therapy Examiners.
16-22 22. The Board of Occupational Therapy.
16-23 23. The Board of Psychological Examiners.
16-24 24. The Board of Examiners for Marriage and Family
16-25 Therapists.
16-26 25. The Board of Examiners for Social Workers.
16-27 26. The Board of Examiners for Alcohol and Drug Abuse
16-28 Counselors.
16-29 27. The State Board of Funeral Directors, Embalmers and
16-30 Operators of Cemeteries and Crematories.
16-31 28. The State Barbers’ Health and Sanitation Board.
16-32 29. The State Board of Cosmetology.
16-33 30. The Real Estate Division of the Department of Business
16-34 and Industry.
16-35 31. The Commissioner of Financial Institutions.
16-36 32. The Private Investigator’s Licensing Board.
16-37 33. The Health Division of the Department of Human
16-38 Resources.
16-39 34. The Nevada State Board of Examiners for Administrators
16-40 of Facilities for Long-Term Care.
16-41 35. The Certified Court Reporters’ Board of Nevada.
16-42 36. The Board of Massage Therapists.
16-43 Sec. 36. NRS 218.825 is hereby amended to read as follows:
16-44 218.825 1. Each of the boards and commissions created by
16-45 the provisions of chapters 623 to 625A, inclusive, 628 to 644,
17-1 inclusive, [and 641C,] 654 and 656 of NRS and sections 2 to 34,
17-2 inclusive, of this act, shall engage the services of a certified public
17-3 accountant or public accountant, or firm of either of such
17-4 accountants, to audit all its fiscal records once each year for the
17-5 preceding fiscal year or once every other year for the 2 preceding
17-6 fiscal years. The cost of the audit must be paid by the board or
17-7 commission audited.
17-8 2. A report of each such audit must be filed by the board or
17-9 commission with the Legislative Auditor and the [Director] Chief of
17-10 the Budget Division of the Department of Administration on or
17-11 before December 1 of each year in which an audit is conducted. All
17-12 audits must be conducted in accordance with generally accepted
17-13 auditing standards and all financial statements must be prepared in
17-14 accordance with generally accepted principles of accounting for
17-15 special revenue funds.
17-16 3. The Legislative Auditor shall audit the fiscal records of any
17-17 such board or commission whenever directed to do so by the
17-18 Legislative Commission. When the Legislative Commission directs
17-19 such an audit, it shall also determine who is to pay the cost of the
17-20 audit.
17-21 Sec. 37. NRS 284.013 is hereby amended to read as follows:
17-22 284.013 1. Except as otherwise provided in subsection 4, this
17-23 chapter does not apply to:
17-24 (a) Agencies, bureaus, commissions, officers or personnel in the
17-25 Legislative Department or the Judicial Department of State
17-26 Government, including the Commission on Judicial Discipline;
17-27 (b) Any person who is employed by a board, commission,
17-28 committee or council created in chapters 590, 623 to 625A,
17-29 inclusive, 628, 630 to 644, inclusive, 648, 652, 654 and 656 of NRS
17-30 [;] and sections 2 to 34, inclusive, of this act; or
17-31 (c) Officers or employees of any agency of the Executive
17-32 Department of the State Government who are exempted by specific
17-33 statute.
17-34 2. Except as otherwise provided in subsection 3, the terms and
17-35 conditions of employment of all persons referred to in subsection 1,
17-36 including salaries not prescribed by law and leaves of absence,
17-37 including, without limitation, annual leave and sick and disability
17-38 leave, must be fixed by the appointing or employing authority
17-39 within the limits of legislative appropriations or authorizations.
17-40 3. Except as otherwise provided in this subsection, leaves of
17-41 absence prescribed pursuant to subsection 2 must not be of lesser
17-42 duration than those provided for other state officers and employees
17-43 pursuant to the provisions of this chapter. The provisions of this
17-44 subsection do not govern the Legislative Commission with respect
17-45 to the personnel of the Legislative Counsel Bureau.
18-1 4. Any board, commission, committee or council created in
18-2 chapters 590, 623 to 625A, inclusive, 628, 630 to 644, inclusive,
18-3 648, 652, 654 and 656 of NRS and sections 2 to 34, inclusive, of
18-4 this act which contracts for the services of a person, shall require the
18-5 contract for those services to be in writing. The contract must be
18-6 approved by the State Board of Examiners before those services
18-7 may be provided.
18-8 Sec. 38. NRS 353.005 is hereby amended to read as follows:
18-9 353.005 The provisions of this chapter do not apply to boards
18-10 created pursuant to chapters 623 to 625A, inclusive, 628, 630 to
18-11 640A, inclusive, 641 to 644, inclusive, 654 and 656 of NRS and
18-12 sections 2 to 34, inclusive, of this act and the officers and
18-13 employees thereof.
18-14 Sec. 39. NRS 353A.020 is hereby amended to read as follows:
18-15 353A.020 1. The Director, in consultation with the
18-16 Committee and Legislative Auditor, shall adopt a uniform system of
18-17 internal accounting and administrative control for agencies. The
18-18 elements of the system must include, without limitation:
18-19 (a) A plan of organization which provides for a segregation of
18-20 duties appropriate to safeguard the assets of the agency;
18-21 (b) A plan which limits access to assets of the agency to persons
18-22 who need the assets to perform their assigned duties;
18-23 (c) Procedures for authorizations and recordkeeping which
18-24 effectively control accounting of assets, liabilities, revenues and
18-25 expenses;
18-26 (d) A system of practices to be followed in the performance of
18-27 the duties and functions of each agency; and
18-28 (e) An effective system of internal review.
18-29 2. The Director, in consultation with the Committee and
18-30 Legislative Auditor, may modify the system whenever he considers
18-31 it necessary.
18-32 3. Each agency shall develop written procedures to carry out
18-33 the system of internal accounting and administrative control adopted
18-34 pursuant to this section.
18-35 4. For the purposes of this section, “agency” does not include:
18-36 (a) A board created by the provisions of chapters 623 to 625A,
18-37 inclusive, 628, 630 to 640A, inclusive, 641 to 644, inclusive, 654
18-38 and 656 of NRS[.] and sections 2 to 34, inclusive, of this act.
18-39 (b) The University and Community College System of Nevada.
18-40 (c) The Public Employees’ Retirement System.
18-41 (d) The Housing Division of the Department of Business and
18-42 Industry.
18-43 (e) The Colorado River Commission of Nevada.
19-1 Sec. 40. NRS 353A.025 is hereby amended to read as follows:
19-2 353A.025 1. The head of each agency shall periodically
19-3 review the agency’s system of internal accounting and
19-4 administrative control to determine whether it is in compliance with
19-5 the uniform system of internal accounting and administrative control
19-6 for agencies adopted pursuant to subsection 1 of NRS 353A.020.
19-7 2. On or before July 1 of each even-numbered year, the head of
19-8 each agency shall report to the Director whether the agency’s
19-9 system of internal accounting and administrative control is in
19-10 compliance with the uniform system adopted pursuant to subsection
19-11 1 of NRS 353A.020. The reports must be made available for
19-12 inspection by the members of the Legislature.
19-13 3. For the purposes of this section, “agency” does not include:
19-14 (a) A board created by the provisions of chapters 623 to 625A,
19-15 inclusive, 628, 630 to 640A, inclusive, 641 to 644, inclusive, 654
19-16 and 656 of NRS[.] and sections 2 to 34, inclusive, of this act.
19-17 (b) The University and Community College System of Nevada.
19-18 (c) The Public Employees’ Retirement System.
19-19 (d) The Housing Division of the Department of Business and
19-20 Industry.
19-21 (e) The Colorado River Commission of Nevada.
19-22 4. The Director shall, on or before the first Monday in
19-23 February of each odd-numbered year, submit a report on the status
19-24 of internal accounting and administrative controls in agencies to the:
19-25 (a) Director of the Legislative Counsel Bureau for transmittal to
19-26 the:
19-27 (1) Senate Standing Committee on Finance; and
19-28 (2) Assembly Standing Committee on Ways and Means;
19-29 (b) Governor; and
19-30 (c) Legislative Auditor.
19-31 5. The report submitted by the Director pursuant to subsection
19-32 4 must include, without limitation:
19-33 (a) The identification of each agency that has not complied with
19-34 the requirements of subsections 1 and 2;
19-35 (b) The identification of each agency that does not have an
19-36 effective method for reviewing its system of internal accounting and
19-37 administrative control; and
19-38 (c) The identification of each agency that has weaknesses in its
19-39 system of internal accounting and administrative control, and the
19-40 extent and types of such weaknesses.
19-41 Sec. 41. NRS 353A.045 is hereby amended to read as follows:
19-42 353A.045 The Chief shall:
19-43 1. Report to the Director.
19-44 2. Develop long-term and annual work plans to be based on the
19-45 results of periodic documented risk assessments. The annual work
20-1 plan must list the agencies to which the Division will provide
20-2 training and assistance and be submitted to the Director for
20-3 approval. Such agencies must not include:
20-4 (a) A board created by the provisions of chapters 623 to 625A,
20-5 inclusive, 628, 630 to 640A, inclusive, 641 to 644, inclusive, 654
20-6 and 656 of NRS[.] and sections 2 to 34, inclusive, of this act.
20-7 (b) The University and Community College System of Nevada.
20-8 (c) The Public Employees’ Retirement System.
20-9 (d) The Housing Division of the Department of Business and
20-10 Industry.
20-11 (e) The Colorado River Commission of Nevada.
20-12 3. Provide a copy of the approved annual work plan to the
20-13 Legislative Auditor.
20-14 4. In consultation with the Director, prepare a plan for auditing
20-15 executive branch agencies for each fiscal year and present the plan
20-16 to the Committee for its review and approval. Each plan for auditing
20-17 must:
20-18 (a) State the agencies which will be audited, the proposed scope
20-19 and assignment of those audits and the related resources which will
20-20 be used for those audits; and
20-21 (b) Ensure that the internal accounting, administrative controls
20-22 and financial management of each agency are reviewed periodically.
20-23 5. Perform the audits of the programs and activities of the
20-24 agencies in accordance with the plan approved pursuant to
20-25 subsection 5 of NRS 353A.038 and prepare audit reports of his
20-26 findings.
20-27 6. Review each agency that is audited pursuant to subsection 5
20-28 and advise those agencies concerning internal accounting,
20-29 administrative controls and financial management.
20-30 7. Submit to each agency that is audited pursuant to subsection
20-31 5 analyses, appraisals and recommendations concerning:
20-32 (a) The adequacy of the internal accounting and administrative
20-33 controls of the agency; and
20-34 (b) The efficiency and effectiveness of the management of the
20-35 agency.
20-36 8. Report any possible abuses, illegal actions, errors, omissions
20-37 and conflicts of interest of which the Division becomes aware
20-38 during the performance of an audit.
20-39 9. Adopt the standards of the Institute of Internal Auditors for
20-40 conducting and reporting on audits.
20-41 10. Consult with the Legislative Auditor concerning the plan
20-42 for auditing and the scope of audits to avoid duplication of effort
20-43 and undue disruption of the functions of agencies that are audited
20-44 pursuant to subsection 5.
20-45 11. Appoint a Manager of Internal Controls.
21-1 Sec. 42. NRS 608.0116 is hereby amended to read as follows:
21-2 608.0116 “Professional” means pertaining to an employee who
21-3 is licensed or certified by the State of Nevada for and engaged in the
21-4 practice of law or any of the professions regulated by chapters 623
21-5 to 645, inclusive, and 656A of NRS[.] and sections 2 to 34,
21-6 inclusive, of this act.
21-7 Sec. 43. Notwithstanding the provisions of subsection 2 of
21-8 section 15 of this act, a member or employee of the Board of
21-9 Massage Therapists shall not be eligible for payment of any per
21-10 diem allowance or travel expense until July 1, 2004.
21-11 Sec. 44. 1. By July 1, 2005, a person licensed to practice
21-12 massage therapy by a county, city or town in this state must become
21-13 licensed pursuant to the provisions of sections 2 to 34, inclusive, of
21-14 this act to practice massage therapy in this state.
21-15 2. Until a person licensed to practice massage therapy by a
21-16 county, city or town in this state becomes licensed to practice
21-17 massage therapy pursuant to the provisions of sections 2 to 34,
21-18 inclusive, of this act, the person shall comply with:
21-19 (a) All ordinances and regulations of the county, city or town
21-20 that issued a license to the person until the person becomes licensed
21-21 pursuant to the provisions of sections 2 to 34, inclusive, of this act;
21-22 and
21-23 (b) The provisions of sections 2 to 18, inclusive, 20, 22, 23 and
21-24 25 to 34, inclusive, of this act.
21-25 Sec. 45. As soon as practicable after October 1, 2003, the
21-26 Governor shall appoint to the Board of Massage Therapists:
21-27 1. Two members whose term expires on June 30, 2004.
21-28 2. Three members whose terms expire on June 30, 2005.
21-29 Sec. 46. 1. This act becomes effective on October 1, 2003.
21-30 2. Sections 22 and 23 of this act expire by limitation on the
21-31 date on which the provisions of 42 U.S.C. § 666 requiring each state
21-32 to establish procedures under which the state has authority to
21-33 withhold or suspend, or to restrict the use of professional,
21-34 occupational or recreational licenses of persons who:
21-35 (a) Have failed to comply with a subpoena or warrant relating to
21-36 a proceeding to determine the paternity of a child or to establish or
21-37 enforce an obligation for the support of a child; or
21-38 (b) Are in arrears in the payment for the support of one or more
21-39 children,
21-40 are repealed by the Congress of the United States.
21-41 H