[Rev. 11/21/2013 12:51:53 PM--2013]

CHAPTER 640C - MASSAGE THERAPISTS

GENERAL PROVISIONS

NRS 640C.010        Legislative declaration.

NRS 640C.020        Definitions.

NRS 640C.030        “Board” defined.

NRS 640C.040        “License” defined.

NRS 640C.050        “Massage therapist” defined.

NRS 640C.060        “Massage therapy” defined.

NRS 640C.070        “Original license” defined.

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

BOARD OF MASSAGE THERAPISTS

Organization and Administration

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

NRS 640C.160        Appointment of nonvoting advisory member.

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

NRS 640C.180        Election of Chair, Vice Chair and Secretary-Treasurer; meetings; quorum.

NRS 640C.190        Attorneys for Board.

NRS 640C.200        Employment of Executive Director.

NRS 640C.210        Employment of other personnel.

NRS 640C.220        Immunity.

NRS 640C.230        Fiscal year.

NRS 640C.240        Payment of expenses; deposit of money; delegation of authority to take disciplinary action; deposit of fines imposed by Board; presentment of claims for attorney’s fees and costs of investigation.

 

General Powers and Duties

NRS 640C.300        Duties.

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

NRS 640C.320        Adoption of regulations.

LICENSES

General Provisions

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

NRS 640C.410        Temporary license.

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

NRS 640C.430        Payment of child support: Submission of certain information by applicant; grounds for denial of license; duty of Board. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 640C.430        Payment of child support: Submission of certain information by applicant; grounds for denial of license; duty of Board. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings and expires by limitation 2 years after that date.]

NRS 640C.440        Reduction of duplication in licensing procedure.

NRS 640C.450        Display of license; replacement licenses.

 

Expiration and Renewal; Fees

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

NRS 640C.510        Inactive status.

NRS 640C.520        Fees and charges.

DISCIPLINARY ACTION

NRS 640C.695        Jurisdiction of Board over licensee unaffected by expiration or voluntary surrender of license.

NRS 640C.700        Grounds for disciplinary action.

NRS 640C.710        Authorized disciplinary action; orders imposing discipline deemed public records; private reprimands prohibited.

NRS 640C.712        Administrative fines for certain unlawful acts; regulations.

NRS 640C.720        Temporary suspension of license.

NRS 640C.730        Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 640C.740        Complaints: Filing; investigation; retention.

NRS 640C.745        Records relating to convictions for certain crimes: Requests; confidentiality; use.

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

NRS 640C.755        Administrative citation; order to take corrective action; administrative fines; penalty.

NRS 640C.757        Contest of administrative citation: Time limit; hearing; effect of failure to contest citation within time limit; service of citation.

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

UNLAWFUL ACTS; REMEDIES; PENALTIES

NRS 640C.900        Injunction.

NRS 640C.910        Certain acts prohibited without license; penalties.

NRS 640C.920        Unlawful acts relating to licenses; penalty.

NRS 640C.930        Unlawful acts and requirements relating to advertising; penalty; disconnection of telephone service of persons convicted of certain crimes.

_________

GENERAL PROVISIONS

      NRS 640C.010  Legislative declaration.  The Legislature finds and declares that:

      1.  The practice of massage therapy by persons who do not possess sufficient knowledge of anatomy and physiology or an understanding of the relationship between the structure and function of the tissues being treated and the total function of the body may endanger the health, welfare and safety of the residents of this State.

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

      (Added to NRS by 2005, 1119)

      NRS 640C.020  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 640C.030 to 640C.070, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 2005, 1119; A 2009, 2576)

      NRS 640C.030  “Board” defined.  “Board” means the Board of Massage Therapists.

      (Added to NRS by 2005, 1119)

      NRS 640C.040  “License” defined.  “License” means a license issued by the Board.

      (Added to NRS by 2005, 1119)

      NRS 640C.050  “Massage therapist” defined.  “Massage therapist” means a person who is licensed pursuant to the provisions of this chapter to engage in the practice of massage therapy.

      (Added to NRS by 2005, 1119)

      NRS 640C.060  “Massage therapy” defined.

      1.  “Massage therapy” means the application of a system of pressure to the muscular structure and soft tissues of the human body for therapeutic purposes, including, without limitation:

      (a) Effleurage;

      (b) Petrissage;

      (c) Tapotement;

      (d) Compressions;

      (e) Vibration;

      (f) Friction; and

      (g) Movements applied manually with or without superficial heat, cold, water or lubricants for the purpose of maintaining good health and establishing and maintaining good physical condition.

      2.  The term does not include:

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

      (b) Reflexology.

      (Added to NRS by 2005, 1119)

      NRS 640C.070  “Original license” defined.

      1.  “Original license” means the actual license which is issued to the licensee by the Board and which is current and valid.

      2.  The term does not include any photocopy print, photostat or other replica of such a license.

      (Added to NRS by 2009, 2572)

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

      1.  The provisions of this chapter do not apply to:

      (a) A person licensed pursuant to chapter 630, 630A, 631, 632, 633, 634, 634A, 635, 640, 640A or 640B of NRS if the massage therapy is performed in the course of the practice for which the person is licensed.

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

      (c) A person licensed or registered as an aesthetician, hair designer, hair braider, cosmetologist or cosmetologist’s apprentice pursuant to chapter 644 of NRS if the person is massaging, cleansing or stimulating the scalp, face, neck or skin within the permissible scope of practice for an aesthetician, hair designer, hair braider, cosmetologist or cosmetologist’s apprentice pursuant to that chapter.

      (d) A person who is an employee of an athletic department of any high school, college or university in this State and who, within the scope of that employment, practices massage therapy on athletes.

      (e) Students enrolled in a school of massage therapy recognized by the Board.

      (f) A person who practices massage therapy solely on members of his or her immediate family.

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

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

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

      4.  As used in this section, “immediate family” means persons who are related by blood, adoption or marriage, within the second degree of consanguinity or affinity.

      (Added to NRS by 2005, 1120; A 2011, 3028)

BOARD OF MASSAGE THERAPISTS

Organization and Administration

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

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

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

      (a) Six members who:

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

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

Ê Of the six members appointed pursuant to this paragraph, three members must be residents of Clark County, two members must be residents of Washoe County and one member must be a resident of a county other than Clark County or Washoe County.

      (b) One member who is a member of the general public. This member must not be:

             (1) A massage therapist; or

             (2) The spouse or the parent or child, by blood, marriage or adoption, of a massage therapist.

      3.  The members who are appointed to the Board pursuant to paragraph (a) of subsection 2 must continue to practice massage therapy in this State while they are members of the Board.

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

      5.  A member of the Board may not serve more than two consecutive terms. A former member of the Board is eligible for reappointment to the Board if that person has not served on the Board during the 4 years immediately preceding the reappointment.

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

      7.  The Governor may remove any member of the Board for incompetence, neglect of duty, moral turpitude or misfeasance, malfeasance or nonfeasance in office.

      (Added to NRS by 2005, 1120; A 2007, 1847)

      NRS 640C.160  Appointment of nonvoting advisory member.

      1.  The Governor shall appoint to the Board one nonvoting advisory member.

      2.  The advisory member must be a person who:

      (a) Is a resident of Clark County;

      (b) Has been certified by the Peace Officers’ Standards and Training Commission created pursuant to NRS 289.500; and

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

      3.  The advisory member is subject to the provisions of NRS 640C.150 with regard to his or her terms, reappointment, vacancy and removal.

      4.  The advisory member:

      (a) Serves solely as an advisor to the Board.

      (b) May be designated by the Board to assist in any investigation conducted pursuant to this chapter.

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

      (d) May not vote on any matter before the Board.

      5.  The advisory member:

      (a) Serves without salary or compensation.

      (b) Is entitled to receive the per diem allowance and travel expenses provided for in NRS 640C.170.

      6.  If the advisory member is actively serving as a police officer, the advisory member must be relieved from his or her duties without loss of regular compensation so that he or she may prepare for and attend meetings of the Board and perform any work that is necessary to carry out his or her duties with the Board in the most timely manner practicable. The advisory member’s employer shall not require the advisory member to:

      (a) Make up the time he or she is absent from work to carry out his or her duties with the Board; or

      (b) Take annual leave or compensatory time for the absence.

      7.  Notwithstanding any other provision of law, the advisory member:

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

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

      (Added to NRS by 2005, 1121)

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

      1.  Each member of the Board is entitled to receive a salary of not more than $150 per day, as established by the Board; and

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

      (Added to NRS by 2005, 1123; A 2007, 2954)

      NRS 640C.180  Election of Chair, Vice Chair and Secretary-Treasurer; meetings; quorum.

      1.  At the first meeting of each fiscal year, the members of the Board shall elect a Chair, Vice Chair and Secretary-Treasurer from among the members.

      2.  The Board shall meet at least quarterly and may meet at other times at the call of the Chair or upon the written request of a majority of the members of the Board.

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

      (a) The southern district of Nevada consists of all that portion of the State lying within the boundaries of the counties of Clark, Esmeralda, Lincoln and Nye.

      (b) The northern district of Nevada consists of all that portion of the State lying within the boundaries of Carson City and the counties of Churchill, Douglas, Elko, Eureka, Humboldt, Lander, Lyon, Mineral, Pershing, Storey, Washoe and White Pine.

      4.  A meeting of the Board may be conducted telephonically or by videoconferencing. A meeting conducted telephonically or by videoconferencing must meet the requirements of chapter 241 of NRS and any other applicable provisions of law.

      5.  Four members of the Board constitute a quorum for the purposes of transacting the business of the Board, including, without limitation, issuing, renewing, suspending, revoking or reinstating a license issued pursuant to this chapter.

      (Added to NRS by 2005, 1122)

      NRS 640C.190  Attorneys for Board.

      1.  The Attorney General and his or her deputies are hereby designated as the attorneys for the Board.

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

      (Added to NRS by 2005, 1123)

      NRS 640C.200  Employment of Executive Director.

      1.  The Board shall employ a person as the Executive Director of the Board.

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

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

      (Added to NRS by 2005, 1123)

      NRS 640C.210  Employment of other personnel.

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

      2.  Each employee of the Board is an at-will employee who serves at the pleasure of the Board. The Board may discharge an employee of the Board for any reason that does not violate public policy, including, without limitation, making a false representation to the Board.

      (Added to NRS by 2005, 1123)

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

      (Added to NRS by 2005, 1123)

      NRS 640C.230  Fiscal year.  The Board shall adopt a fiscal year beginning on July 1 and ending on June 30.

      (Added to NRS by 2005, 1124)

      NRS 640C.240  Payment of expenses; deposit of money; delegation of authority to take disciplinary action; deposit of fines imposed by Board; presentment of claims for attorney’s fees and costs of investigation.

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

      2.  The Board may accept gifts, grants, donations and contributions from any source to assist in carrying out the provisions of this chapter.

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

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

      5.  If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 4 and the Board deposits the money collected from the imposition of fines with the State Treasurer for credit to the State General Fund, it may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is required to pay attorney’s fees or the costs of an investigation, or both.

      (Added to NRS by 2005, 1124)

General Powers and Duties

      NRS 640C.300  Duties.  The Board shall:

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

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

      3.  Review and evaluate applications for the licensing of massage therapists;

      4.  Determine the qualifications and fitness of applicants;

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

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

      7.  Investigate any complaints filed with the Board;

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

      9.  Transact any other business required to carry out its duties.

      (Added to NRS by 2005, 1122)

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

      1.  The Board shall prepare and maintain a separate list of:

      (a) Persons issued a license;

      (b) Applicants for a license; and

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

      2.  The Board shall, upon request, disclose the information included in each list and may charge a fee for a copy of the list. The fee may not exceed the actual cost incurred by the Board to make a copy of the list.

      (Added to NRS by 2005, 1122)

      NRS 640C.320  Adoption of regulations.  The Board shall adopt regulations to carry out the provisions of this chapter. The regulations must include, without limitation, provisions that:

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

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

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

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

      5.  Except as otherwise provided in NRS 622.090, prescribe the requirements for any practical, oral or written examination for a license that the Board may require, including, without limitation, the passing grade for such an examination;

      6.  Establish the period within which the Board or its designee must report the results of the investigation of an applicant; and

      7.  Prescribe the form of a written administrative citation issued pursuant to NRS 640C.755.

      (Added to NRS by 2005, 1123; A 2007, 2954; 2009, 2576)

LICENSES

General Provisions

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

      1.  The Board may issue a license to practice massage therapy.

      2.  An applicant for a license must:

      (a) Be at least 18 years of age;

      (b) Submit to the Board:

             (1) A completed application on a form prescribed by the Board;

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

             (3) Proof that the applicant has successfully completed a program of massage therapy recognized by the Board;

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

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

                   (II) Disciplinary proceedings relating to his or her license to practice massage therapy are not pending;

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

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

             (7) A statement authorizing the Board or its designee to conduct an investigation to determine the accuracy of any statements set forth in the application; and

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

      (c) In addition to any examination required pursuant to NRS 640C.320:

             (1) Except as otherwise provided in subsection 3, pass a written examination administered by any board that is accredited by the National Commission for Certifying Agencies, or its successor organization, to examine massage therapists; or

             (2) At the applicant’s discretion and in lieu of a written examination, pass an oral examination prescribed by the Board.

      3.  If the Board determines that the examinations being administered pursuant to subparagraph (1) of paragraph (c) of subsection 2 are inadequately testing the knowledge and competency of applicants, the Board shall prepare or cause to be prepared its own written examination to test the knowledge and competency of applicants. Such an examination must be offered not less than four times each year. The location of the examination must alternate between Clark County and Washoe County. Upon request, the Board must provide a list of approved interpreters at the location of the examination to interpret the examination for an applicant who, as determined by the Board, requires an interpreter for the examination.

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

      (a) Approved by the Commission on Postsecondary Education; or

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

Ê The Board may recognize other programs of massage therapy.

      5.  The Board or its designee shall:

      (a) Conduct an investigation to determine:

             (1) The reputation and character of the applicant;

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

             (3) The existence and nature of any pending litigation involving the applicant that would affect his or her suitability for licensure; and

             (4) The accuracy and completeness of any information submitted to the Board by the applicant;

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

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

      (d) Except as otherwise provided in NRS 239.0115, maintain the results of the investigation in a confidential manner for use by the Board and its members and employees in carrying out their duties pursuant to this chapter. The provisions of this paragraph do not prohibit the Board or its members or employees from communicating or cooperating with or providing any documents or other information to any other licensing board or any other federal, state or local agency that is investigating a person, including, without limitation, a law enforcement agency.

      (Added to NRS by 2005, 1125; A 2007, 2142; 2009, 2576)

      NRS 640C.410  Temporary license.

      1.  The Board may issue a temporary license to practice massage therapy.

      2.  An applicant for a temporary license issued pursuant to this section must:

      (a) Be at least 18 years of age; and

      (b) Submit to the Board:

             (1) A completed application on a form prescribed by the Board;

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

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

             (4) Proof that the applicant:

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

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

             (5) An affidavit indicating that the applicant has not committed any of the offenses for which the Board may refuse to issue a license pursuant to NRS 640C.700;

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

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

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

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

      3.  A temporary license issued pursuant to this section expires 90 days after the date the Board issues the temporary license. The Board shall not renew the temporary license.

      4.  A person who holds a temporary license:

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

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

      (c) Is subject to the regulatory and disciplinary authority of the Board to the same extent as a fully licensed massage therapist; and

      (d) Remains subject to the regulatory and disciplinary authority of the Board after the expiration of the temporary license for all acts relating to the practice of massage therapy which occurred during the period of temporary licensure.

      5.  As used in this section, “fully licensed massage therapist” means a person who holds a license to practice massage therapy issued pursuant to NRS 640C.400 or 640C.420.

      (Added to NRS by 2005, 1126)

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

      1.  Notwithstanding the provisions of NRS 640C.400 and except as otherwise provided in subsection 3, the Board may issue a license to an applicant who holds a current license to practice massage therapy issued by another state, territory or possession of the United States or the District of Columbia.

      2.  An applicant for a license issued by the Board pursuant to subsection 1 must submit to the Board:

      (a) A completed application on a form prescribed by the Board;

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

      (c) A notarized statement signed by the applicant that states:

             (1) Whether any disciplinary proceedings relating to his or her license to practice massage therapy have at any time been instituted against the applicant; and

             (2) Whether the applicant has been arrested or convicted, within the immediately preceding 10 years, for any crime involving violence, prostitution or any other sexual offense; and

      (d) A certified statement issued by the licensing authority in each state, territory or possession of the United States or the District of Columbia in which the applicant is or has been licensed to practice massage therapy during the immediately preceding 10 years verifying that:

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

             (2) Disciplinary proceedings relating to his or her license to practice massage therapy are not pending.

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

      (Added to NRS by 2005, 1128)

      NRS 640C.430  Payment of child support: Submission of certain information by applicant; grounds for denial of license; duty of Board. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

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

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

      (b) An applicant for the issuance or renewal of a license as a massage therapist shall submit to the Board the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

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

      (a) The application or any other forms that must be submitted for the issuance or renewal of the license; or

      (b) A separate form prescribed by the Board.

      3.  A license as a massage therapist may not be issued or renewed by the Board if the applicant:

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

      (b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      (Added to NRS by 2005, 1128)

      NRS 640C.430  Payment of child support: Submission of certain information by applicant; grounds for denial of license; duty of Board. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings and expires by limitation 2 years after that date.]

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

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

      (a) The application or any other forms that must be submitted for the issuance or renewal of the license; or

      (b) A separate form prescribed by the Board.

      3.  A license as a massage therapist may not be issued or renewed by the Board if the applicant:

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

      (b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      (Added to NRS by 2005, 1128, effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)

      NRS 640C.440  Reduction of duplication in licensing procedure.

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

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

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

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

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

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

      (Added to NRS by 2005, 1127)

      NRS 640C.450  Display of license; replacement licenses.

      1.  Each licensee shall display his or her original license in a conspicuous manner at each location where the licensee practices massage therapy. If a licensee practices massage therapy in more than one place, the licensee must carry the original license with him or her and display it wherever he or she is actually working.

      2.  A licensee shall obtain a replacement of the original license from the Board if the licensee’s:

      (a) Original license is destroyed, misplaced or mutilated; or

      (b) Name or address as printed on the original license has changed.

      3.  To obtain a replacement license, the licensee must:

      (a) File an affidavit with the Board, on the form prescribed by the Board, which states that the licensee’s original license was destroyed, misplaced or mutilated or that his or her name or address as printed on the original license has changed; and

      (b) Pay the fee prescribed by the Board pursuant to NRS 640C.520.

      (Added to NRS by 2005, 1129; A 2009, 2578)

Expiration and Renewal; Fees

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

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

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

      (b) Proof of completion of the requirements for continuing education prescribed by the Board pursuant to the regulations adopted by the Board under NRS 640C.320; and

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

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

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

      (b) Submits to the Board the fees prescribed by the Board pursuant to NRS 640C.520:

             (1) For the restoration of an expired license; and

             (2) For each year that the license was expired, for the renewal of a license.

      3.  The Board shall send a notice of renewal to each holder of a license not later than 60 days before the license expires. The notice must include a statement setting forth the provisions of this section and the amount of the fee for renewal of the license.

      (Added to NRS by 2005, 1129)

      NRS 640C.510  Inactive status.

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

      2.  If an inactive holder of a license desires to resume the practice of massage therapy, the Board shall renew the license upon:

      (a) Demonstration, if deemed necessary by the Board, that the holder of the license is then qualified and competent to practice;

      (b) Completion and submission of an application; and

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

      (Added to NRS by 2005, 1130)

      NRS 640C.520  Fees and charges.

      1.  The Board shall establish a schedule of fees and charges. The fees for the following items must not exceed the following amounts:

 

An examination established by the Board pursuant to this chapter.......... $600

An application for a license.................................................................................. 300

An application for a license without an examination...................................... 300

A background check of an applicant................................................................. 600

The issuance of a license....................................................................................... 400

The renewal of a license........................................................................................ 200

The restoration of an expired license.................................................................. 500

The reinstatement of a suspended or revoked license..................................... 500

The issuance of a replacement license.................................................................. 75

The restoration of an inactive license................................................................. 300

 

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

      (Added to NRS by 2005, 1129; A 2009, 2578)

DISCIPLINARY ACTION

      NRS 640C.695  Jurisdiction of Board over licensee unaffected by expiration or voluntary surrender of license.  The expiration of a license by operation of law or by order or decision of the Board or a court, or the voluntary surrender of a license by a licensee, does not deprive the Board of jurisdiction to proceed with any investigation of, or action or disciplinary proceeding against, the licensee or to render a decision suspending or revoking the license.

      (Added to NRS by 2009, 2574)

      NRS 640C.700  Grounds for disciplinary action.  The Board may refuse to issue a license to an applicant, or may initiate disciplinary action against a holder of a license, if the applicant or holder of the license:

      1.  Has submitted false, fraudulent or misleading information to the Board or any agency of this State, any other state, a territory or possession of the United States, the District of Columbia or the Federal Government;

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

      3.  Has been convicted of a crime involving violence, prostitution or any other sexual offense, a crime involving any type of larceny, a crime relating to a controlled substance, a crime involving any federal or state law or regulation relating to massage therapy or a substantially similar business, or a crime involving moral turpitude within the immediately preceding 10 years;

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

      (a) Made sexual advances toward the person;

      (b) Requested sexual favors from the person; or

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

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

      6.  Is, in the judgment of the Board, guilty of gross negligence in the practice of massage therapy;

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

      8.  Has failed to provide information requested by the Board within 60 days after receiving the request;

      9.  Has, in the judgment of the Board, engaged in unethical or unprofessional conduct as it relates to the practice of massage therapy;

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

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

      12.  If the holder of the license is on probation, has violated the terms of the probation;

      13.  Has engaged in false, deceptive or misleading advertising, including, without limitation, falsely, deceptively or misleadingly advertising that he or she has received training in a specialty technique of massage for which he or she has not received training, practicing massage therapy under an assumed name and impersonating a licensed massage therapist;

      14.  Has operated a medical facility, as defined in NRS 449.0151, at any time during which:

      (a) The license of the facility was suspended or revoked; or

      (b) An act or omission occurred which resulted in the suspension or revocation of the license pursuant to NRS 449.160.

Ê This subsection applies to an owner or other principal responsible for the operation of the facility.

      15.  Has failed to comply with a written administrative citation issued pursuant to NRS 640C.755 within the time permitted for compliance set forth in the citation or, if a hearing is held pursuant to NRS 640C.757, within 15 business days after the hearing; or

      16.  Except as otherwise provided in subsection 15, has failed to pay or make arrangements to pay, as approved by the Board, an administrative fine imposed pursuant to this chapter within 60 days after:

      (a) Receiving notice of the imposition of the fine; or

      (b) The final administrative or judicial decision affirming the imposition of the fine,

Ê whichever occurs later.

      (Added to NRS by 2005, 1130; A 2009, 899, 2579)

      NRS 640C.710  Authorized disciplinary action; orders imposing discipline deemed public records; private reprimands prohibited.

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

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

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

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

      (d) Suspend or revoke the license;

      (e) Except as otherwise provided in NRS 640C.712, impose an administrative fine of not more than $5,000 for each violation;

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

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

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

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

      4.  The Board shall not issue a private reprimand.

      (Added to NRS by 2005, 1131; A 2009, 2580)

      NRS 640C.712  Administrative fines for certain unlawful acts; regulations.

      1.  In addition to any other actions authorized by NRS 640C.710, if, after notice and a hearing as required by law, the Board determines that a licensee has engaged in or solicited sexual activity during the course of practicing massage on a person, as set forth in subsection 4 of NRS 640C.700, or has been convicted of prostitution or any other sexual offense that occurred during the course of practicing massage on a person, the Board shall:

      (a) For a first violation, impose an administrative fine of not less than $100 and not more than $1,000;

      (b) For a second violation, impose an administrative fine of not less than $250 and not more than $5,000; and

      (c) For a third violation and for each additional violation, impose an administrative fine of not less than $500 and not more than $10,000.

      2.  The Board shall, by regulation, establish standards for use by the Board in determining the amount of an administrative fine imposed pursuant to this section. The standards must include, without limitation, provisions requiring the Board to consider:

      (a) The gravity of the violation;

      (b) The good faith of the licensee; and

      (c) Any history of previous violations of the provisions of this chapter committed by the licensee.

      (Added to NRS by 2009, 2574)

      NRS 640C.720  Temporary suspension of license.  Notwithstanding any other statute to the contrary:

      1.  If the Board finds, based upon evidence in its possession, that immediate action is necessary to protect the health, safety or welfare of the public, the Board may, upon providing notice to the massage therapist, temporarily suspend his or her license without a prior hearing for a period not to exceed 15 business days. The massage therapist may file a written request for a hearing to challenge the necessity of the temporary suspension. The written request must be filed not later than 10 business days after the date on which the massage therapist receives notice of the temporary suspension. If the massage therapist:

      (a) Files a timely written request for a hearing, the Board shall extend the temporary suspension until a hearing is held. The Board shall hold a hearing and render a final decision regarding the necessity of the temporary suspension as promptly as is practicable but not later than 15 business days after the date on which the Board receives the written request. After holding such a hearing, the Board may extend the period of the temporary suspension if the Board finds, for good cause shown, that such action is necessary to protect the health, safety or welfare of the public pending proceedings for disciplinary action.

      (b) Does not file a timely written request for a hearing and the Board wants to consider extending the period of the temporary suspension, the Board shall schedule a hearing and notify the massage therapist immediately by certified mail of the date of the hearing. The hearing must be held and a final decision rendered regarding whether to extend the period of the temporary suspension as promptly as is practicable but not later than 30 days after the date on which the Board provides notice of the initial temporary suspension. After holding such a hearing, the Board may extend the period of the temporary suspension if the Board finds, for good cause shown, that such action is necessary to protect the health, safety or welfare of the public pending proceedings for disciplinary action.

      2.  If a massage therapist is charged with or cited for prostitution or any other sexual offense, the appropriate law enforcement agency shall report the charge or citation to the Executive Director of the Board. Upon receiving such a report, the Executive Director shall immediately issue by certified mail to the massage therapist a cease and desist order temporarily suspending the license of the massage therapist without a prior hearing. The temporary suspension of the license is effective immediately after the massage therapist receives notice of the cease and desist order and must not exceed 15 business days. The massage therapist may file a written request for a hearing to challenge the necessity of the temporary suspension. The written request must be filed not later than 10 business days after the date on which the Executive Director mails the cease and desist order. If the massage therapist:

      (a) Files a timely written request for a hearing, the Board shall extend the temporary suspension until a hearing is held. The Board shall hold a hearing and render a final decision regarding the necessity of the temporary suspension as promptly as is practicable but not later than 15 business days after the date on which the Board receives the written request. After holding such a hearing, the Board may extend the period of the temporary suspension if the Board finds, for good cause shown, that such action is necessary to protect the health, safety or welfare of the public pending proceedings for disciplinary action.

      (b) Does not file a timely written request for a hearing and the Board wants to consider extending the period of the temporary suspension, the Board shall schedule a hearing and notify the massage therapist immediately by certified mail of the date of the hearing. The hearing must be held and a final decision rendered regarding whether to extend the period of the temporary suspension as promptly as is practicable but not later than 15 business days after the date on which the Executive Director mails the cease and desist order. After holding such a hearing, the Board may extend the period of the temporary suspension if the Board finds, for good cause shown, that such action is necessary to protect the health, safety or welfare of the public pending proceedings for disciplinary action.

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

      4.  For purposes of this section, a person is deemed to have notice of a temporary suspension of his or her license:

      (a) On the date on which the notice is personally delivered to the person; or

      (b) If the notice is mailed, 3 days after the date on which the notice is mailed by certified mail to the last known business or residential address of the person.

      (Added to NRS by 2005, 1132; A 2009, 2580)

      NRS 640C.730  Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  If the Board receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license, the Board shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Board receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The Board shall reinstate a license that has been suspended by a district court pursuant to NRS 425.540 if:

      (a) The Board receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560; and

      (b) The licensee pays the fee for reinstatement of the license prescribed by the Board pursuant to NRS 640C.520.

      (Added to NRS by 2005, 1128)

      NRS 640C.740  Complaints: Filing; investigation; retention.

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

      2.  The complaint must specifically:

      (a) Set forth the relevant facts; and

      (b) Charge one or more grounds for initiating disciplinary action.

      3.  As soon as practicable after the filing of the complaint, an investigation of the complaint must be conducted to determine whether the allegations in the complaint merit the initiation of disciplinary proceedings against the holder of the license.

      4.  The Board shall retain all complaints filed with the Board pursuant to this section for at least 10 years, including, without limitation, any complaints not acted upon.

      (Added to NRS by 2005, 1131; A 2009, 900)

      NRS 640C.745  Records relating to convictions for certain crimes: Requests; confidentiality; use.

      1.  When conducting an investigation of a massage therapist pursuant to this chapter, the Board or the Executive Director may request from the appropriate governmental agency or court of competent jurisdiction records relating to any conviction of the massage therapist for a crime involving violence, prostitution or any other sexual offense. Such records include, without limitation, a record of criminal history as defined in NRS 179A.070.

      2.  Upon receiving a request from the Board or the Executive Director pursuant to subsection 1, the governmental agency or court of competent jurisdiction shall provide the requested records to the Board or the Executive Director as soon as reasonably practicable. The governmental agency or court of competent jurisdiction may redact from the records produced pursuant to this subsection any information relating to the agency or court that is deemed confidential by the agency or court. Upon receiving the records from the governmental agency or court, the Board and the Executive Director:

      (a) Shall maintain the confidentiality of the records if such confidentiality is required by federal or state law; and

      (b) May use the records for the sole and limited purpose of determining whether to take disciplinary action against the massage therapist pursuant to this chapter.

      (Added to NRS by 2009, 2581)

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

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

      2.  In such a hearing:

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

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

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

      4.  If any person fails to comply with the subpoena within 10 days after it is issued, the Chair of the Board may petition a court of competent jurisdiction for an order of the court compelling compliance with the subpoena.

      5.  Upon the filing of such a petition, the court shall enter an order directing the person subpoenaed to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and to show cause why the person has not complied with the subpoena. A certified copy of the order must be served upon the person subpoenaed.

      6.  If it appears to the court that the subpoena was regularly issued by the Board, the court shall enter an order compelling compliance with the subpoena. The failure of the person to comply with the order is a contempt of the court that issued the order.

      (Added to NRS by 2005, 1132)

      NRS 640C.755  Administrative citation; order to take corrective action; administrative fines; penalty.

      1.  If the Board or its designee, based upon a preponderance of the evidence, has reason to believe that a person has committed an act which constitutes a violation of this chapter or the regulations of the Board, the Board or its designee, as appropriate, may issue or authorize the issuance of a written administrative citation to the person. A citation issued pursuant to this section may include, without limitation:

      (a) An order to take action to correct a condition resulting from an act that constitutes a violation of this chapter or the regulations of the Board, at the person’s cost;

      (b) An order to pay an administrative fine for each violation; and

      (c) An order to reimburse the Board for the amount of the expenses incurred to investigate each violation, not to exceed $150.

      2.  If the citation includes an order to take action to correct a condition resulting from an act that constitutes a violation of this chapter or the regulations of the Board, the citation must:

      (a) State the time permitted for compliance, which must not be less than 15 business days after the date on which the citation is received by the person; and

      (b) Describe, in specific detail, the action required to be taken.

      3.  If the citation is issued to a licensee and includes an order to pay an administrative fine for one or more violations, the amount of the administrative fine must not exceed the maximum amount authorized by NRS 640C.710 or 640C.712, as appropriate for each violation.

      4.  If the citation is issued to an unlicensed person and includes an order to pay an administrative fine for one or more violations, the amount of the administrative fine:

      (a) For a first violation, must not be less than $100 and must not be more than $1,000;

      (b) For a second violation, must not be less than $250 and must not be more than $5,000; and

      (c) For a third violation and for each additional violation, must not be less than $500 and must not be more than $10,000.

      5.  The sanctions authorized by this section are separate from, and in addition to, any other remedy, civil or criminal, authorized by this chapter.

      6.  The failure of an unlicensed person to comply with a citation or order after it is final is a misdemeanor. If an unlicensed person does not pay an administrative fine imposed pursuant to this section or make satisfactory payment arrangements, as approved by the Board, within 60 days after the order of the Board becomes final, the order may be executed upon in the same manner as a judgment issued by a court.

      (Added to NRS by 2009, 2574)

      NRS 640C.757  Contest of administrative citation: Time limit; hearing; effect of failure to contest citation within time limit; service of citation.

      1.  If a person is issued a written administrative citation pursuant to NRS 640C.755, the person may request a hearing before the Board to contest the citation by filing a written request with the Board:

      (a) Not later than 15 business days after the date on which the citation is received by the person; or

      (b) If the Board, for good cause shown, extends the time allowed to file a written request for a hearing to contest the citation, on or before the later date specified by the Board.

      2.  If the person files a written request for a hearing to contest the citation within the time allowed pursuant to this section:

      (a) The Board shall provide notice of and conduct the hearing in the same manner as other disciplinary proceedings; and

      (b) At the hearing, the person may contest, without limitation:

             (1) The facts forming the basis for the determination that the person has committed an act which constitutes a violation of this chapter or the regulations of the Board;

             (2) The time allowed to take any corrective action ordered;

             (3) The amount of any administrative fine ordered;

             (4) The amount of any order to reimburse the Board for the expenses incurred to investigate the violation; and

             (5) Whether any corrective action described in the citation is reasonable.

      3.  If the person does not file a written request for a hearing to contest the citation within the time allowed pursuant to this section, the citation shall be deemed a final order of the Board.

      4.  For the purposes of this section, a citation shall be deemed to have been received by a person:

      (a) On the date on which the citation is personally delivered to the person; or

      (b) If the citation is mailed, 3 days after the date on which the citation is mailed by certified mail to the last known business or residential address of the person.

      (Added to NRS by 2009, 2575)

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

      1.  Except as otherwise provided in this section and NRS 239.0115, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.

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

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

      (Added to NRS by 2005, 1133; A 2007, 2144)

UNLAWFUL ACTS; REMEDIES; PENALTIES

      NRS 640C.900  Injunction.

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

      2.  An injunction:

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

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

      (Added to NRS by 2005, 1124)

      NRS 640C.910  Certain acts prohibited without license; penalties.

      1.  If a person is not licensed to practice massage therapy pursuant to this chapter, the person shall not:

      (a) Engage in the practice of massage therapy;

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

      (c) List or cause to have listed in any directory, including, without limitation, a telephone directory, his or her name or the name of his or her company under the heading “massage,” “massage therapy,” “massage therapist,” “massage technician” or any other term that indicates or implies that he or she is licensed or qualified to practice massage therapy.

      2.  If a person’s license to practice massage therapy pursuant to this chapter has expired or has been suspended or revoked by the Board, the person shall not:

      (a) Engage in the practice of massage therapy;

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

      (c) List or cause to have listed in any directory, including, without limitation, a telephone directory, his or her name or the name of his or her company under the heading “massage,” “massage therapy,” “massage therapist,” “massage technician” or any other term that indicates or implies that he or she is licensed or qualified to practice massage therapy.

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

      (Added to NRS by 2005, 1124; A 2009, 2582)

      NRS 640C.920  Unlawful acts relating to licenses; penalty.

      1.  A person shall not:

      (a) Counterfeit or forge or attempt to counterfeit or forge a license to practice massage therapy; or

      (b) For the purpose of aiding or abetting an unlawful act:

             (1) Alter or attempt to alter a license to practice massage therapy; or

             (2) Make or attempt to make any photocopy print, photostat or other replica of a license to practice massage therapy.

      2.  A person shall not use or display a license to practice massage therapy that:

      (a) Is not the original license issued to the person;

      (b) Has been counterfeited or forged;

      (c) Has been altered, copied or replicated for the purpose of aiding or abetting an unlawful act; or

      (d) Has been issued to another person.

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

      (Added to NRS by 2009, 2572)

      NRS 640C.930  Unlawful acts and requirements relating to advertising; penalty; disconnection of telephone service of persons convicted of certain crimes.

      1.  A person shall not advertise as a massage therapist in this State unless the person is licensed to practice massage therapy pursuant to this chapter.

      2.  A person licensed to practice massage therapy pursuant to this chapter shall not disseminate, as part of any advertising by the massage therapist, any false or misleading statement or representation of material fact that is intended, directly or indirectly, to induce another person to use the services of the massage therapist.

      3.  All advertising by a licensed massage therapist must include his or her name and the name of his or her company, if applicable. All advertising in a telephone directory or a newspaper must also include the number of the license.

      4.  A person who violates any provision of subsection 1 or 2 is guilty of a misdemeanor.

      5.  If, after notice and a hearing as required by law, the Board determines that a person has willfully engaged in advertising in a manner that violates the provisions of this section or NRS 640C.910, the Board may, in addition to any penalty, punishment or disciplinary action authorized by the provisions of this chapter, order the person to cease and desist the unlawful advertising. The provisions of this subsection do not apply to any person whose license has been expired for less than 90 days or is temporarily suspended.

      6.  The Board may order any person convicted of a crime involving violence, prostitution or any other sexual offense to cause any telephone number included in the advertising to be disconnected from service. If the Board orders the person to cause any telephone number to be disconnected from service and the person fails to comply within 5 days after the date on which the person is served with the order, the Board may:

      (a) If the provider is regulated by the Public Utilities Commission of Nevada, request the Commission to order the provider to disconnect the telephone number from service pursuant to NRS 703.175 and 707.355; or

      (b) If the provider is not regulated by the Public Utilities Commission of Nevada, request the provider to disconnect the telephone number from service and inform the provider that the request is made pursuant to this section. Upon receiving such a request, the provider shall take such action as is necessary to disconnect the telephone number from service.

      7.  A provider shall not:

      (a) Forward or offer to forward the telephone calls of a telephone number disconnected from service pursuant to this section; or

      (b) Provide or offer to provide a message that includes a new telephone number for the person whose telephone number was disconnected from service pursuant to this section.

      8.  If a provider complies in good faith with a request to disconnect a telephone number from service pursuant to this section, such good-faith compliance shall constitute a complete defense to any civil or criminal action brought against the provider arising from the disconnection or termination of service.

      9.  As used in this section:

      (a) “Advertising” means the intentional placement or issuance of any sign, card or device, or the permitting or allowing of any sign or marking on a motor vehicle, in any building, structure, newspaper, magazine or airway transmission, on the Internet or in any directory under the listing of “massage therapist” or “massage.”

      (b) “Provider” means a provider of any type of telephone, messaging or paging service.

      (c) “Provider of messaging or paging service” means an entity that provides any type of messaging or paging service to any type of communication device.

      (d) “Provider of telephone service” has the meaning ascribed to it in NRS 707.355.

      (e) “Telephone number” means any sequence of numbers or characters, or both, used by a provider to provide any type of telephone, messaging or paging service.

      (Added to NRS by 2009, 2573)