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

 

My First 6 months as Nevada Chapter President

by Mavies Gascon, President, AMTA-NV Chapter

Mavies Gascon, LMTAs a member of the AMTA-Nevada Chapter, I decided to stay in for the meeting before the continuing education that I had originally signed up for at the 2015 Annual Nevada Chapter Convention. And during that meeting, David Otto, who was my Professional Development instructor at the Nevada School of Massage Therapy (NSMT), and then, being President of the chapter, nominated me to be a part of the organization.

I donated a lot of volunteering time while I attended NSMT, so I figured I was spending time to help the community, not knowing what I had just agreed upon. And then reality hit, as I placed my right hand over my chest (yes, I was swearing into my position as 2nd Vice-President, 1 year term) – PANIC ATTACK! What have I just gotten
myself into?

I haven’t been Vice-President of an organization since my high school years as a Member of the Student Body Council for various clubs. But as I was sitting in at the Board Meetings held in Kathleen’s beautiful home, conversations became more detailed, business oriented, and sometimes confidential. The majority of the whole year, I listened, observed how business was conducted, and sat retaining information, like a sponge on a wet spill. And last year, I designed the pins that we wore and shared amongst our colleagues at the 2016 AMTA National Convention in Milwaukee.

Going back to June 5, 2016: I thought I was over with the whole volunteering my time to talking with students at NSMT, for the value of having “Visions” and the importance of having liability insurance, with no one else but AMTA. And I thought I was totally done with adding more stress on top of my full time job and not so happening
independent business. David ended his term as President of the chapter. I was next in line and no one else seemed like they wanted to take the responsibility. What do I do?

Do I just neglect the organization that I have spent so much of my valuable time on and compensate my relationships (partner, family, friends, private clients)? Or do I dig a bigger hole and grab the bull by its horns and see how far it’ll abuse me?

I was 36 years old, with only a little over 3 years in being a Licensed Massage Therapist and already a NV Chapter Vice President, for one of the biggest non profit organizations in America. So I stepped up. What’s there to lose? I’m backed up by so many colleagues, not only in Nevada, but Nationally. The support system with the organization is amazing. All anyone has to do is reach out!cat-paw-lick-yarn

It’s now been six months since I’ve pledged into the President position. At first, I was a bit nervous, but with the right guidance, I know the next two years will be memorable. We have already made strides to communicate better with the Northern Nevada members by honoring them with a mini convention (meet & greet with a CE class). And as the holidays pass, more meetings throughout the state are being planned and so are mixers with local retail establishments, member volunteer events, and of course, opportunities for continuing education classes to name a few.

So going back to the thought of the “hole,” I’m diggin’ it! And I’ll continue to dig larger, deeper holes, to fill them with knowledge and memories. And when the day comes, the road will have been patched with success to empower future massage therapists. It doesn’t matter how nervous or uncertain you are, creating change can overcome those fears!

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!

NSBMT Post Available – Application Information

Credit: GlobalPartnership for Education

Ever thought seriously about serving as a member of the Nevada Board of Massage Therapists?

The Nevada State Board of Massage Therapists (NSBMT) consists of 8 members: 6 professional massage therapists, 1 non-massage-therapist representing the public, and 1 non-voting member from Las Vegas Metropolitan Police Special Investigations Unit.  All member appointments are made by Nevada’s Governor and terms of service are 4 years.

Board members are required to attend all meetings and functions of the board and to serve on panels as required.  Additionally, board members are held to the open meeting law, the requirements of being a board member as defined by the Attorney General’s office and by the Nevada Revised Statutes (NRS 640C), and are held accountable to the Nevada Commission on Ethics.

The application process may be accessed by visiting the  or the Governors page where applications may be completed online and directly submitted to the Governor’s office.  All applications are held for a period of time at the Governor’s  office and future appointments may be made from current applicants on file.

Currently, the NSBMT has two member positions available beginning on July 1 – both applicants need to reside in Clark County as part of eligibility for position appointment.

For more information on the positions available, please visit the NSBMT’s “Board Member Positions” document.

Contact the NSBMT for serious inquiry and questions.

To apply, please access the Governor’s website at http://gov.nv.gov/Boards/Vacancies/

[Even] Higher Standards in the New NCBTMB Board-certified Credential

Being a massage therapist professional for a number of years in Nevada, I have seen many changes that have affected the direction of our profession, our passion, and ultimately affect the way the public perceives massage therapy.

Last year, the AMTA began its Consumer Awareness Program (CAP) which has been wildly successful, for both the public and members.  Check out some of the video, member stories, and news stories that have come out of this well-planned, multi-year project.  Your dollars are at work in promoting massage and its benefits to large gatherings of people, like at races and social events of magnitude around the U.S.

This is one way that our organization makes well-known the benefits of regular massage.

Search Provider #407142-00 @ ncbtmb.orgThe National Certification Board for Therapeutic Massage & Bodywork (NCBTMB) has done the same types of promotion over the years – through a short-lived “certified spa” program (where, when all the LMTs on staff were Nationally-certified, the spa is listed and promoted as an NCBTMB-approved spa/employer), member self-promotion with materials supplied by the NCBTMB (article copy for publication, use of logos, website resource for the public, Find A Certified Massage Therapist listing service, etc), and support of a credential that has long-established the competency and possibly proficiency of a certified practitioner.

As of January 1st, 2013, things again have changed for NCTM/Bs.

Just when you were getting used to the title… Since the establishment, in 2005, of a competency exam for licensing purposes by the Federation of State Massage Therapy Boards (FSMTB) – the MBLEx – the NCBTMB has revamped their program.  Now, the NCBTMB also has a [rebranded] competency exam for licensing (formerly, the National Certification Exam (NCE)), now called the NCBTMB Licensing Exam.  These two tests by two different organizations are considered (by at least 39 states) to be the standard test to which the states’ Applicants [for licensure] must pass.  Nevada is one of those states where either test is accepted for license application.

Polaroid: Nevada [the Nevada State Board of Massage Therapists (NSBMT)] never required that an Applicant or Licensee “be” Nationally-certified…and still does not – just to pass the NCBTMB’s entry level exam (and, now, the MBLEx is an added, optional exam accepted).  When a professional massage therapist is Nationally-certified, it is a credential separate from “being” competent.  National certification is a professional’s commitment to a standard that exceeds basic competency.  In the past, that Nationally-certified standard included (mainly): 500 hours of classroom education, an earned number of Continuing Education Hours (CEHs) every 4-year renewal period and an agreement to a Standard of Practice and Code of Ethics outlined by the NCBTMB (to which all Certificants agree to uphold).

Instagram:  Today, under the newly-termed “Board-certified” title that Certificants are using that have already renewed with the new requirements, the additional requirements will include: 750 (total) hours (minimum) of classroom education (was “500-hour core massage program” prior), 250 hours of professional hands-on experience, CPR certification of the NCBTMB Certificant, national background check (every application/renewal), agreement to an anti-Human Trafficking statement.  These new requirements apply to new applicants AND any currently-Nationally-certified massage therapist that wishes to renew their NCBTMB certification.

With that said (and “new” way of doing things at the NCBTMB having hit the ground running), the AMTA-Nevada Chapter supports our members who are and will be NCBTMB Board-certified.  We continue to, as an AMTA Chapter, be a source for NCBTMB-approved course credits.  We also have a great relationship with some staff members at the NCBTMB – while we encourage Nationally-certified chapter members to contact the NCBTMB directly for individual assistance (specific, case-by-case), we will certainly do our best to answer your questions and send you in the right direction, when you find a challenge.

New Requirements, New Friends  We are in the process of allying, in Southern Nevada, with a couple of offices that offer CPR programs – back in my day, class was “all day” and cost a little more than the current programs.  The programs we’re working with (one of which is an American Heart Association CPR training/certification course) are designed for concise and complete education and cost less, time-wise and dollar-wise, and are very promising to utilize as a source for your Board-certification and any other purposes.  If you are in the Northern Nevada and know of a program that may fulfill the NCBTMB’s Board-certified requirement of “CPR certified”, please let us know!  We’d like to start informing all our members about the potential relationship, making things easier for every member.

Should I renew?  This is really a question based on your perceived value in the NCBTMB.  I renew to stay active in my profession.  I also volunteer for the NCBTMB as an exam Item Reviewer – there are plenty of ways to “be” in the profession, with whichever organization you find value.  The NCBTMB has been there for us as a profession, through thick and thin, and they are changing with our profession to make it the best for everyone: practitioners and public alike.  For as long as I have been a massage therapist, the integrity of the NCBTMB has always been noble, their Standards and Codes of high regard when adhered to, and I appreciate the distinction that the credential brings to my profession and what I love doing most for my clients: massage therapy.  I believe that without the organizations that are represented by the mere numbers of professionals who populate them, the organization loses identity and the ability to be accessible by the public, news outlets, allied professionals, and the regulatory bodies that also strive to seek the right model or advice on how to apply laws for the safety of the public we all serve.

The diligence of “claiming a profession” and being professional exists, in my opinion, in the members of professional associations like the AMTA, and certificants of a program that strives to create “better” massage therapists at every turn.  If the organizations are left unmanned, from where will credibility and efficacy come?

My word alone is not enough for today’s massage therapy client and massage therapy market – the clients are toooooo educated now 😉

The AMTA Nevada Chapter is here to support your decisions: to renew, to apply, to be active in your profession.

If you have any questions or need clarification, please give us a call at our new phone number: (775) 556-0300 or drop us a message at email hidden; JavaScript is required

Our newsletter is coming out soon with information about our Annual Member Meeting and Convention – stay tuned for some excellent ways to distinguish yourself as a professional with continuing education courses (NCBTMB-approved!), effective networking opportunities, and…FOOD!

Be Well,

David-fnamesign

 

 

 

AMTA-NV Chapter President

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

Fall 2012 Silver State Massage Express – Ready!

Your newest AMTA Nevada Chapter newsletter, the Silver State Massage Express is ready!

Click here to download your PDF version for reading/printing: http://amta-nv.org/wp-content/uploads/2012/10/121012-AMTA-NV-SSME-9-3-newsletter-final.pdf

If you have any questions about the newsletter or would like to contribute, please contact the chapter’s Newsletter Editor, Billie Shea at email hidden; JavaScript is required.