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.

 

If you have questions or concerns, please let us know by emailing email hidden; JavaScript is required

 

Southern Nevada Health District proposes new, additional regulation for Massage Therapy

Southern Nevada Health District (SNHD) notified the public of their intent to ratify regulation of Massage Establishments, Reflexology Establishments, [Independent/Outcall] Massage Therapists, and Colon Hydrotherapists on January 10, 2012, in Southern Nevada, comprised of the county of Clark.

The AMTA Nevada Chapter has reviewed the proposed legislation and can summarize the effects of the proposed regulation on its professional members [within the jurisdiction of SNHD] – following are some main points of the regulation:

  • Affects Reflexologists, [Independent/Outcall] Massage Therapists, Colon Hydrotherapists, and Massage Establishments.
  • In addition to all Massage Establishments, requires outcall “licensed massage therapists” and “licensed reflexologists” to hold a “massage establishment Health Permit”
  • Attempts to regulate Massage Therapists [and Massage Establishments] in the same manner as is currently legislated through NRS.640c and NSBMT NACs (staff on-site & equipment/safety/cleanliness requirements, fees & fines, and some professional standards)
  • States that each day after the first 90 that the regulations are in effect and an outcall massage therapist or massage establishment is not SNHD-permitted is a separate violation.
  • Cites “fees” for initial assessment, renewal (every XX year), and fines associated with violations and that non-compliance will predicate a cease-and-desist and/or revocation/re-application for massage/reflexology establishment health permit.
  • Requires “20 foot-candles” of light in a therapy room, 300% more light than in the NSBMT NACs of “5 foot-candles” of light in a therapy room.
  • Section 8.1.2 makes the “Responsible Person in charge” of a Massage or Reflexology Establishment responsible for undefined “other requirements” in addition to other regulatory body’s requirements for professional and legal practice of massage & reflexology.  Unresolved violations of keeping all permits, licenses, or credentials for everyone at the Establishment gives the SNHD the authority to shut down the Establishment until violations are resolved with each/every “affected agency of jurisdiction”.
  • New Build-outs/Construction of Establishments will have another jurisdiction (the SNHD) to apply through, propagating more [undetermined] fees and additional time frames in which initial assessments and inspections are subject to.
  • Does not outline a Schedule of Fees and does describe innumerable instances/conditions in which fees will be applied.

The AMTA-NV Chapter supports the current state licensure regulation of massage therapists in Nevada through the Nevada State Board of Massage Therapists authorized and empowered by our State Legislature and Governor-appointed state massage board members affecting professionals throughout the state of Nevada AND local business license departments that regulate the taxation and safe practice of massage therapy through its application processes.  It is understood that the nature of the proposed regulation by the additional entity of the SNHD is redundant, provincial, and a duplicate credential that will be required for massage professionals to practice. 

Additionally, any verbiage in the proposed SNHD regulation regarding “Massage Therapy” may be removed to regulate Reflexology and Colon Hydrotherapy, so only one regulatory agency will have the authority to manage a profession/business category regarding massage therapy and the promotion of public health and safety.

For Concerned Individuals:

The AMTA Nevada Chapter strongly encourages its members, massage professionals, and the general public to evaluate the proposed impact of the additional regulation on the profession, practice, or patronage of massage therapy and RESPOND in an appropriate manner and timely fashion to the SNHD.

Responding to this proposed regulation is TIME-SENSITIVE – the last day that written opinions will be accepted for the record is February 2nd, 2012.

Contact information and a sample opinion letter are below.

The Workshops, at which public opinion will be HEARD, are in Las Vegas (Jan 30 & 31), Laughlin (Feb 1), and Mesquite (Feb 2):  Appear and be ready to speak your opinion according to the Workshop Agenda (below).

Resources for proposed SNHD regulation:

  1. PDF – public workshop announcement: http://amta-nv.org/wp-content/uploads/2012/01/AGENDA-Massage-Therapy-Workshops-01-30-2012.pdf
  2. PDF – public notice of proposed regulation:  http://amta-nv.org/wp-content/uploads/2012/01/Public-Notice-Workshop-Massage-Regs-BOH-meeting-02-23-2012.pdf
  3. Link to online version of proposed regulatory rules:  http://www.southernnevadahealthdistrict.org/download/eh/Massage-draft-regs-1-13-12.pdf
  4. Sample Letter of Opposition: (download)
  5. Opinion Letter of the AMTA/Nevada Chapter (download)

Southern Nevada Health District contact:

Glenn D Savage, REHS, Environmental Health Director, PO Box 3902, Las Vegas NV 89127

 

If you have questions regarding this post, the proposed SNHD regulation, or the AMTA Nevada chapter, please contact Government Relations: David Otto at email hidden; JavaScript is required

modified Jan 25, 2012 14:21