2017 Changes to Nevada State’s Massage Therapy Law, et al NSBMT updates

time for changeThis article was originally published as “2017 Proposed Changes to Nevada State’s Massage Therapy Law” on 2/20/2017; it has been updated as of 6/5/2017.

NRS 640.C governs the massage therapy profession and the professionals who are licensed by the Nevada State Board of Massage Therapists (NSBMT). In late-2016, with their newest Executive Director, Sandy Anderson, the NSBMT asked Honorable Assemblywoman Maggie Carlton to sponsor a Bill that would primarily change the constituency of licensees holding professional licenses under the NSBMT. There are several additional points to the Bill, as it was written and Introduced by Assemblywoman Carlton, that, as massage therapists, affect us.

The Bill was first known as BDR 766 when introduced on December 10, 2016, and had been formally introduced to the Assembly as AB 179 on February 13, 2017, and is now resolved* to do several things:

  1. Change the name of the board: from the “Nevada State Board of Massage Therapists” to the “Nevada State Board of Massage Therapy
  2. Add two new license types to the currently-existing Licensed Massage Therapists, et al: Licensed Reflexologist, et al; and, Licensed Structural Integration Practitioner, et al. Reflexology is moved from under NRS 629 “Wellness Services” to NRS 640.C; Structural Integration Practitioner is a newly-created license under this Bill. Each new license has its own educational, legal, and Application requirements (TBD by NSBMT-mediated Workshop (dates TBD)).
  3. Change the composition of the NSBMT: from 7 Board Members to 9 Board Members:  the 2 additional Board members are – one each – from the newly-added fields to the NSBMT’s domain: a NSBMT-licensed Reflexologist and an NSBMT-licensed Structural Integration Practitioner.
  4. Add Establishments to its regulatory oversight: Massage Therapy, Reflexology, and Structural Integration Establishments are – additionally, to local regulation (if any) – under the Board’s regulation. A [maximum] Inspection Fee of $50 is levied for each Board-initiated Massage Therapy, Reflexology, and Structural Integration Establishment request for inspection.
  5. Change the license Renewal Period: from every One Year (annually) to every Two Years (biennially) – the Renewal Fee has doubled to $300 but is only required every two years.

The Nevada School of Massage Therapy hosted a live Q & A Session on February 27, 2017, where the AMTA-Nevada Chapter presented this information and opened up the floor for comments and questions. About 33 people were in attendance, the majority of which were matriculating students of NSMT’s program, including NSMT staff, AMTA members, and MT professionals. The session lasted about 45 minutes and was presented by Chapter President Mavies Gascon and Immediate Past President David Otto.

The Nevada Chapter members were email-noticed on 3/14 & 3/26/2017 to participate in a poll available during the period of 3/14-3/28/2017 as to their positions and opinions on AB 179.  Subsequent to the closing of the poll, Nevada Chapter President Mavies Gascon attended a May 5th public hearing of the Committee on Commerce, Labor and Energy regarding Amendment(s)-considered and reported the chapter members’ position of Support for AB 179. Here is the crux of what he reported:

170328 AMTA-NV Member Poll - AB179 - graphic

*The Act AB 179 was signed into law, recorded June 1, 2017, and goes into effect as of July 1, 2017. The NSBMT is anticipating that licenses for Reflexologists and Structural Integration Practitioners will be available for application and required for practice on Jan 1, 2018.

Other NSBMT Updates:

  • Completed inspections of Nevada Massage Therapy Establishments by the NSBMT have resulted in 18 closures during the January to May, 2017, time-frame.
  • The NSBMT is committed to a “less than 15-day turnaround” for actions on New and Renewing NSBMT License Applications.
  • The NSBMT is removing the ‘Pre-application’ process for license Applications.
  • The NSBMT anticipates a software update to the Licensee Account Area that will allow a user to upload/record CEHs being used for his/her next Renewal PRIOR to his/her Renewal Application process and 90-day window prior to expiration of his/her current license period.

 

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AMTA-NV Public Service Announcement: NSBMT Citation Policy

Revised late in 2012, the Nevada State Board of Massage Therapy (NSBMT) published and distributed its Citation Policy that lists the fine amounts for infractions of NRS 640C for Massage Therapists and Persons.  Please note: the below list is not an all-inclusive schedule and may change upon action of the board during their regular meetings.

If you have any questions about the publication, please contact the NSBMT directly at their website or by email at email hidden; JavaScript is required.  The Chapter wants Nevada’s NVMTs and Public to know the infractions and the cost of those – fines are not collected or used by the Board and go to State of Nevada funds.

NSBMT CITATION POLICY

Practicing Massage Therapy

1. A Citation shall be issued to any person practicing Massage Therapy without a current Nevada State Board of Massage Therapists License.

2. A Citation shall be issued to any Massage Therapist that is practicing Massage Therapy with an expired Nevada State Board of Massage Therapists License.

3. A Citation shall be issued to a Massage Therapist that is practicing Massage Therapy without their current, valid Nevada State Board of Massage Therapists License displayed per NRS 640C.450.  (Examples of not posted:  In your wallet, purse, backpack, drawer or car but not limited to)

4. A Citation shall be issued to any person practicing Massage Therapy with an altered license.

a. If person has an altered Massage Therapists License with the NSBMT they will be scheduled for the next available Board Meeting for disciplinary action.

5. A Citation shall be issued to a Massage Therapist practicing Massage Therapy with a copied license.

Advertising

Unlicensed

  • A Citation shall be issued to any person that is advertising Massage Therapy without a Current Nevada State Board of Massage Therapy License.

Expired License

  • A Cease and Desist (C & D) Notice shall be issued to any person that is advertising as stated in NRS 640C.910 (2) with a minimum of a 15-business day compliance date.
  • A Citation shall be issued to any person that is currently advertising with a license that is expired more than 90 days. (R:8/13/2010)
  • A Cease and Desist Notice shall be issued for non-compliance of NAC640C.200 to NAC 640C.310 with a 15-day compliance date.
  • A Citation shall be issued to any person that does not comply with a Cease and Desist Notice on the first business day after the allotted time period has expired.

Schedule of fines; disciplinary hearings.

1. The Board adopts the following schedule of fines for any violation of the provisions listed:

A $150.00 Administrative Fee Applies to all Citations

Violation   First Offense Second Offense Third Offense
Practicing Without Having Acquired a License   500.00 1000.00 2000.00
Practicing With Expired License   100.00 500.00 1500.00
Practicing Without Display of License   100.00 150.00 500.00
Altering License for the display of NRS 640C   1000.00 3000.00 5000.00
Copying License for the display of NRS 640C   100.00 250.00 500.00
Advertising Massage Therapy Without a License   350.00 1000.00 5000.00
Advertising Massage Therapy Without a Current License after C & D or 90 expired   200.00 500.00 1500.00
Advertising Without License Number   100.00 250.00 500.00
On Probation Working Without Supervising Massage Therapist Present   200.00 1000.00 5000.00
NAC 640C.200 to NAC 640C.310 Establishment Violation (excluding NAC 640C.230(2))   100.00 250.00 500.00
Unlawful Habitation of a Massage Establishment NAC 640C.230 (2)   1000.00 5000.00 10000.00