SB386 - Revises provisions relating to massage therapy. (BDR 54-891)

- 83rd Session (2025) Senate Bill No. 386–Senators Scheible; Daly, Krasner and Taylor CHAPTER.......... AN ACT relating to massage therapy; authorizing the Board of Massage Therapy to issue a license to practice massage therapy, reflexology or structural integration to a person who would not otherwise qualify for such a license if the person satisfies certain other requirements; revising the acts which constitute the practice of reflexology; eliminating certain requirements for meetings of the Board; requiring the Board to adopt regulations concerning disciplinary actions against the holder of a certificate of a massage, reflexology and structural integration establishment; revising provisions governing the issuance of temporary licenses by the Board; authorizing the Executive Director of the Board to issue subpoenas; revising provisions governing certain advertisements; providing penalties; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law authorizes the Board of Massage Therapy to issue licenses to practice massage therapy, reflexology or structural integration. (Chapter 640C of NRS) Section 1 of this bill authorizes the Board, after conducting a review of the credentials of an applicant who does not otherwise satisfy the requirements for the issuance of a license to practice massage therapy, reflexology or structural integration, to grant such a license to a person who: (1) has legally practiced massage therapy, reflexology or structural integration in another state, territory or possession of the United States or the District of Columbia for not less than 3 years; (2) submits certain information and documents to the Board; and (3) passes certain examinations. Sections 5-7 of this bill make conforming changes to indicate that the provisions of section 1 are exceptions to the general requirements for the issuance of a license to practice massage therapy, a license to practice reflexology and a license to practice structural integration. Section 2 of this bill revises the definition of the term “reflexology” to include the application of a system of pressure to the face of the human body. Section 3 of this bill eliminates the requirement that the Board alternate the location of its meetings between the southern and northern districts of this State. Existing law requires the Board to adopt regulations that prescribe the requirements for the certification and operation of a massage, reflexology and structural integration establishment. (NRS 640C.330) Section 4 of this bill requires the Board to adopt regulations which include the grounds for the imposition of disciplinary action against the holder of a certificate of a massage, reflexology and structural integration establishment and the disciplinary actions which the Board may impose. Existing law sets forth various requirements for a person to be issued a temporary license to practice massage therapy, reflexology or structural integration. (NRS 640C.590, 640C.610, 640C.630) Sections 8 and 11 of this bill revise those requirements to instead authorize the Board to issue a temporary license to practice – 2 – - 83rd Session (2025) massage therapy, reflexology or structural integration in this State to a person: (1) who holds an active license in good standing to practice massage therapy, reflexology or structural integration issued by another state, territory or possession of the United States or the District of Columbia; and (2) who satisfies the requirements for a temporary license set forth in regulations adopted by the Board. Section 8 prohibits those regulations from requiring a person to take or pass a written examination concerning his or her qualifications to practice massage therapy, reflexology or structural integration to be issued a temporary license. Existing law provides that a temporary license expires 90 days after issuance and is not renewable. (NRS 640C.590, 640C.610, 640C.630) Section 8 authorizes a person who has been issued a temporary license to apply for a new temporary license not less than 3 months after the expiration of the temporary license most recently issued to the person. Existing law authorizes the Board or any member thereof to issue subpoenas to compel the attendance of witnesses and the production of books and papers. (NRS 640C.750) Section 9 of this bill additionally authorizes the Executive Director of the Board to issue such subpoenas. Existing law prohibits: (1) an unlicensed person from advertising as a massage therapist, reflexologist or structural integration practitioner; and (2) a licensed person from using any false or misleading statement or representation in advertising that is intended to induce another person to use the services of the massage therapist, reflexologist or structural integration practitioner. Existing law also requires certain advertising by a licensed massage therapist, reflexologist or structural integration practitioner to include certain information. (NRS 640C.930) Section 10 of this bill sets forth similar prohibitions and requirements applicable to massage, reflexology and structural integration establishments. EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 640C of NRS is hereby amended by adding thereto a new section to read as follows: 1. The Board may, after conducting a review of the credentials of an applicant who does not otherwise satisfy the requirements set forth in NRS 640C.580, 640C.600 or 640C.620, as applicable, issue a license to the applicant pursuant to this section. 2. An applicant for a license to practice massage therapy, reflexology or structural integration, as applicable, issued pursuant to this section must: (a) Have legally practiced massage therapy, reflexology or structural integration in another state, territory or possession of the United States or the District of Columbia for not less than 3 years; and (b) Submit to the Board: – 3 – - 83rd Session (2025) (1) A completed application on a form prescribed by the Board; (2) The fees prescribed by the Board pursuant to NRS 640C.520; (3) A certified statement issued by the licensing authority in each state, territory or possession of the United States or the District of Columbia in which the applicant is or has been licensed to practice massage therapy, reflexology or structural integration, verifying that: (I) The applicant has not been involved in any disciplinary action relating to his or her license to practice massage therapy, reflexology or structural integration, as applicable; and (II) Disciplinary proceedings relating to his or her license to practice massage therapy, reflexology or structural integration, as applicable, are not pending; (4) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; (5) A statement authorizing the Board or its designee to conduct an investigation to determine the accuracy of any statements set forth in the application; and (6) Official transcripts from a program of massage therapy, reflexology or structural integration which must demonstrate that the applicant completed: (I) For a program of massage therapy, not less than 500 hours of instruction; (II) For a program of structural integration, not less than 700 hours of instruction; and (III) For a program of reflexology, not less than 200 hours of instruction. 3. In addition to any examination required pursuant to NRS 640C.320, an applicant for a license issued pursuant to this section must pass a nationally recognized examination for testing the education and professional competency of massage therapists, reflexologists or structural integration practitioners, as applicable, that is approved by the Board. Sec. 2. NRS 640C.080 is hereby amended to read as follows: 640C.080 “Reflexology” means the application of a system of pressure to the feet, ears , face and hands of the human body. – 4 – - 83rd Session (2025) Sec. 3. NRS 640C.180 is hereby amended to read as follows: 640C.180 1. At the first meeting of each fiscal year, the members of the Board shall elect a Chair, Vice Chair and Secretary- Treasurer from among the members. 2. The Board shall meet at least quarterly and may meet at other times at the call of the Chair or upon the written request of a majority of the members of the Board. 3. [The Board shall alternate the location of its meetings between the southern district of Nevada and the northern district of Nevada. For the purposes of this subsection: (a) The southern district of Nevada consists of all that portion of the State lying within the boundaries of the counties of Clark, Esmeralda, Lincoln and Nye. (b) The northern district of Nevada consists of all that portion of the State lying within the boundaries of Carson City and the counties of Churchill, Douglas, Elko, Eureka, Humboldt, Lander, Lyon, Mineral, Pershing, Storey, Washoe and White Pine. 4.] A meeting of the Board may be conducted telephonically or by videoconferencing. A meeting conducted telephonically or by videoconferencing must meet the requirements of chapter 241 of NRS and any other applicable provisions of law. [5.] 4. Five members of the Board constitute a quorum for the purposes of transacting the business of the Board, including, without limitation, issuing, renewing, suspending, revoking or reinstating a license issued pursuant to this chapter. Sec. 4. NRS 640C.330 is hereby amended to read as follows: 640C.330 1. The Board shall adopt regulations that prescribe the requirements for the certification and operation of a massage, reflexology and structural integration establishment, including, without limitation, the: (a) Requirements for a massage, reflexology and structural integration establishment to obtain a certificate; (b) Standards with which a massage, reflexology and structural integration establishment must comply; [and] (c) Establishment of fees pursuant to NRS 640C.520 for the issuance and renewal of a certification of a massage, reflexology and structural integration establishment [.] ; and (d) Grounds for the imposition of disciplinary action against a holder of a certificate and the disciplinary actions which the Board may impose, which may include, without limitation, the imposition of a fine and the suspension or revocation of a certificate. – 5 – - 83rd Session (2025) 2. The provisions of this section and any regulations adopted pursuant thereto do not prohibit a local government from licensing and regulating a massage, reflexology and structural integration establishment, including, without limitation, in a manner that is more stringent than the regulations adopted by the Board pursuant to this section. 3. Local governments have concurrent jurisdiction with the Board over the licensure and regulation of massage, reflexology and structural integration establishments. 4. If there is a conflict between a provision of the regulations adopted by the Board pursuant to this section and a requirement of a local government, the requirement of a local government prevails to the extent that the requirement provides a more stringent or specific requirement regarding the regulation of a massage, reflexology and structural integration establishment. 5. As used in this section, “massage, reflexology and structural integration establishment” means any premises, mobile unit, building or part of a building where massage therapy, reflexology or structural integration is practiced by a person or persons licensed pursuant to this chapter. Sec. 5. NRS 640C.580 is hereby amended to read as follows: 640C.580 1. The Board may issue a license to practice massage therapy. 2. [An] Except as otherwise provided in section 1 of this act, an applicant for a license must: (a) Be at least 18 years of age; (b) Except as otherwise provided in NRS 640C.426, submit to the Board: (1) A completed application on a form prescribed by the Board; (2) The fees prescribed by the Board pursuant to NRS 640C.520; (3) Proof that the applicant has successfully completed a program of massage therapy recognized by the Board; (4) A certified statement issued by the licensing authority in each state, territory or possession of the United States or the District of Columbia in which the applicant is or has been licensed to practice massage therapy verifying that: (I) The applicant has not been involved in any disciplinary action relating to his or her license to practice massage therapy; and (II) Disciplinary proceedings relating to his or her license to practice massage therapy are not pending; – 6 – - 83rd Session (2025) (5) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and (6) A statement authorizing the Board or its designee to conduct an investigation to determine the accuracy of any statements set forth in the application; and (c) In addition to any examination required pursuant to NRS 640C.320 and except as otherwise provided in NRS 640C.426, pass a nationally recognized examination for testing the education and professional competency of massage therapists that is approved by the Board. 3. The Board: (a) Shall recognize a program of massage therapy that is: (1) Approved by the Commission on Postsecondary Education; or (2) Offered by a public college in this State or any other state; and (b) May recognize other programs of massage therapy. 4. Except as otherwise provided in NRS 640C.426, the Board or its designee shall: (a) Conduct an investigation to determine: (1) The reputation and character of the applicant; (2) The existence and contents of any record of arrests or convictions of the applicant; (3) The existence and nature of any pending litigation involving the applicant that would affect his or her suitability for licensure; and (4) The accuracy and completeness of any information submitted to the Board by the applicant. (b) Report the results of the investigation of the applicant within the period the Board establishes by r [Text truncated for display. Full text available on LegiScan.]