2015 Legislative Changes in Nevada for Massage Therapists

NevadaLegislatureBuildingThe Nevada Legislature usually meets every 2 years – 2015 marks the 78th Session of the Legislature to do the business of legislation: regulation of all the state functions and scopes in a Session that concludes around the end of May.

The AMTA-NV Chapter’s Mission is to serve any AMTA members while advancing the art, science and practice of massage therapy – a part of that ‘practice’ Mission is to assure that, as an organization, our members are treated fairly and have an opinion, if not a say, about how we’re regulated.

The first step is knowledge – knowledge of the laws that affect us: that we know them is our bound, ethical duty.  That we follow the ones that are ‘in effect’ for each of us, professional- and business-related (separately), is our legal duty.  Duty of Diligence lays groundwork for having an opinion and effect on those laws that may change the way we practice.

The Chapter strives to be aware of and respond to or act upon legislation that is of Profession in nature – so, following: we’ve broken up the 3 Bills that we – through our Government Relations Consultant, National Government Relations Department, and local, chapter Government Relations Committee – have been tracking that may affect all Licensed Massage Therapists in the future into two, distinct categories: ones that affect professionals and ones that affect business owners.

 

Proposal That Affects Massage Therapy (professionals):

This year, 2015, there is one specifically-massage-therapy Bill – AB 126 – that will affect how the NSBMT regulates its Applicants.  Below is a summary of those proposed changes to NRS.640C:

AB 126http://www.leg.state.nv.us/Session/78th2015/Bills/AB/AB126.pdf

Sponsor:  Assemblywoman Margaret Carlton

​Summary:  Proposed changes to NRS.640C:

 

  • adds exemption of nail techs from massage licensure;
  • strikes the language “by the National Commission for Certifying Agencies, or its successor organization” which leaves the sentence stating “successfully pass a nationally recognized competency examination in massage that meets acceptable psychometric principles, is statistically validated through a job-task analysis under current standards for educational and professionally testing massage therapists and has been approved by the Board; or other examinations approved by the board;”
  • clarifies by changing the limit of time allowed to reinstate an inactive license to 2 years;
  • strikes the 10 year limitation on criminal background offenses;
  • eliminates ‘moral turpitude’ as being a reason to not give a license;
  • adds “has knowingly failed to report to the board that the holder of a license or other person has engaged in unethical or unprofessional conduct as it relates to the practice of massage therapy within 30 days after becoming aware of that conduct”

 

The path of this Bill started in the Nevada Assembly (AB = “Assembly Bill”) and will move on to the Senate, if passed by the Assembly.  The Senate will need to pass this Bill for it to get to the Governor’s desk, which is the last approval the Bill needs to become law.

The Chapter has drafted and remitted a letter of support to the Sponsor and the NSBMT for the above changes to NRS.640C. [view letter]

 

Other Proposals That Affect Massage Therapy (business owners):

AB 336http://www.leg.state.nv.us/Session/78th2015/Bills/AB/AB336.pdf

Sponsor:  Assemblymen Benitez-Thompson and Hambrick

​Summary:  Proposed change to NRS.597:

* adds requirement, under threat of penalty ($500/day, after the first 24-hour Warning), [Section 1.1.d] “A massage parlor or public spa;” to post a state-produced sign regarding the National Human Trafficking Resource Center Hotline “in a conspicuous location near the public entrance of the business or establishment or in another conspicuous location in clear view of the public and employees where similar signs are customarily posted”

This is likely a trend around the country and does not affect NRS.640C – it does affect how the classified/defined businesses listed need to operate according to NRS.597…

Currently, the NSBMT is requesting “parlor” be changed to “establishment”, so this will affect all “massage establishments”

The Chapter has drafted and remitted to the Sponsor a letter of support with the NSBMT’s requested change of “parlor” to “establishment” [view letter]

 

SB 252http://www.leg.state.nv.us/Session/78th2015/Bills/SB/SB252.pdf

Sponsor: Committee on Revenue and Economic Development (on behalf of the Department of Administration)

Summary: Proposed change to NRS.76:

Current law requires Independent Massage Therapists and Massage Establishments to maintain a State Business License annually, fee = $200 (unless Exempt).

Proposed law requires Independent Massage Therapists and Massage Establishments to maintain a State Business License quarterly, fee = minimum $100 (based on reported gross income for each quarter)(pg 15, table, at the link above)(unless Exempt)

Basically, it’s a fee structure change for all Nevada business licensees.  This will affect how IMTs and some Establishments will do business.

_____________________________________________________________________________

 

Please leave your Comments below – stimulate a conversation/debate/opinion with your educated, well-thought-out questions or comments.  Everyone has an opinion about the profession they love…so let us hear yours!

If you have specific questions about how these changes might affect you, please contact the AMTA-NV Chapter Government Relations Committee or the Board of Directors – we would be happy to help you understand what these changes involve.

If you want to stay up-to-date with the latest changes, please come back to this page occasionally.

We are also looking for a Nevada chapter member to be active in the Government Relations Committee: attending NSBMT meetings, reporting to the AMTA-NV Chapter Board of Directors, and bringing legislative issues to the members’ attention (no matter the origin; within and regarding any Nevada [jurisdiction’s] statutes, codes, and/or regulations).  Join us in keeping AMTA-NV members IN THE KNOW and empowering our practices in massage therapy!

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