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

 

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.

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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!

Report: August 17, 2012 chapter member meeting

attending the August 17 member meeting
(more pics)

Our member meeting at Tuscany Suites & Casino in Las Vegas last Friday was a great time for all: many members got to meet colleagues (some of whom live “just around the corner”) and share some good food and information.

Sally Hacking joined the chapter, from Florida, as it’s Government Relations Consultant – she gave the attending members a brief overview of her role with the chapter and advice that she has given and may yet give the chapter regarding the promotion of the massage therapy profession in Nevada.

Michelle Viesselman & Brad Enerson, Nevada chapter Delegates going to the 2012 House of Delegates in Raleigh this October at the National AMTA Convention, presented 6 proposed Position Statements and 2 Recommendations to the members.  A brief outline of what a Delegate’s role in the chapter is and some specific conversation about the Position Statements and Recommendations made for a lively and interactive presentation.

Judi Calvert of Hands-On Trade Association, CAMTC, and the World of Massage Museum presented some information about the history of the AMTA in Nevada and the chapter – there were members here in Nevada before there was an organized chapter (more to come on our history!).

We’d like to thank our NV State Convention Sponsors for providing some great prizes for giveaway, including a Retail Starter Kit (a counter-top display, valued at $125) from Biofreeze that went to our lucky winner Judi!

Come out and find out…at our next chapter member meeting – email hidden; JavaScript is required if you have any ideas for Topics!