2017 Proposed Changes to Nevada State’s Massage Therapy Law

time for changeNRS 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 the licensees holding state, professional massage therapy licenses. There are several points to the Bill, as it is currently written and Introduced by Assemblywoman Carlton, that, as massage therapists, affect us.

The Bill – a proposal, ready to be signed into law by the Governor if the state Assembly and the state Senate pass it – first known as BDR 766 when introduced on December 10, 2016, and has been formally introduced to the Assembly as AB 179 on February 13, 2017, proposes 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 would be moved from under NRS 629 “Wellness Services” to NRS 640.C; Structural Integration Practitioner would be a newly-created license under this Bill. Each new license would have its own educational, legal, and Application requirements.
  3. Change the composition of the NSBMT: from 7 Board Members to 9 Board Members:  the 2 additional Board members would be – 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 would – additionally, to local regulation (if any) – come under the Board’s regulation. A [maximum] Inspection Fee of $50 would be 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 would double to $300 but only be required every two years…so the annual amount of the Renewal Fee would not change.

The NSBMT is expecting to nearly double the number of licensees under NRS 640.C and the fiscal impact of all the proposed changes contained in the Bill have little to no effect on the licensees. For the item changing the Renewal Period from annual to biennial, it has been projected as an annual $16,000 savings to the NSBMT.

 

We will be keeping you up-to-date about the progress of this Bill, here in this post.

There will also be a live Q & A Session mediated by the Chapter to answer any questions that we can on Monday, February 27th, 2017, at 5:30pm, hosted at the Nevada School of Massage Therapy. Please join us to ask your questions and offer your opinions.

The Nevada Chapter will be polling its members via email contact regarding their thoughts about this new, striking change to the face of our state board here in Nevada – be on the watch for that email. The Chapter’s Mission is to empower AMTA-NV Chapter members and one way we do that is by getting feedback from our members and presenting it to interested parties for review…like the NSBMT.

If you would like to Comment directly to the Nevada Legislature, here is the link: https://www.leg.state.nv.us/App/Opinions/79th2017/A/

This and Other Bills regarding massage therapy that are being heard in the Nevada Legislature’s 79th Session are being watched and reported on at our Government Relations page.

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