AB 179 — Revises provisions governing massage therapy. (BDR 54-766)

“Structural integration” means the application of a system of manual therapy, movement education and embodiment education that is intended to improve the functional relationship - 79th Session (2017) – 6 – of the parts of the human body to each other within the influences of gravity.

(a) The practice of physical therapy, as defined in NRS 640.024;640(b) The practice of chiropractic, as defined in NRS 634.013, including, without limitation, chiropractic adjustment or manipulation, as defined in NRS 634.014 and 634.0173, respectively.

or (b) The practice of chiropractic, as defined in NRS 634.013, including, without limitation, chiropractic adjustment or manipulation, as defined in NRS 634.014 and 634.0173, respectively.

(I) The applicant has not been involved in any disciplinary action relating to his or her license to practice reflexology;

- *AB179_R2* – 7 – (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 (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 - 79th Session (2017) – 7 – professional competency of reflexologists that is approved by the Board.

(1) Approved by the Commission on Postsecondary Education;

ororroved by the Commission on Postsecondary (2) Offered by a public college in this State or any other state;

The provisions of this paragraph do not prohibit the Board or its members or employees from communicating or cooperating with or providing any documents or other information to any other licensing board or any other federal, state or local agency that is investigating a person, including, without limitation, a law enforcement agency.

- *AB179_R2* – 8 – 2.

- 79th Session (2017) – 8 – (3) Proof that the applicant has successfully completed a program of reflexology recognized by the Board pursuant to section 7 of this act;

(I) Has taken the examination required pursuant to section 7 of this act;

ororhe examination required pursuant to (II) Is scheduled to take such an examination within 90 days after the date of application;

A temporary license issued pursuant to this section expires 90 days after the date the Board issues the temporary license.

(a) May practice reflexology only under the supervision of a fully licensed reflexologist and only in accordance with thethef a provisions of this chapter and the regulations of the Board;

and (d) Remains subject to the regulatory and disciplinary authority of the Board after the expiration of the temporary - *AB179_R2* – 9 – license for all acts relating to the practice of reflexology which occurred during the period of temporary licensure.

- 79th Session (2017) – 9 – Sec.

(b)the ExceptBoard:ept as otherwise provided in NRS 640C.426, submit to (1) A completed application on a form prescribed by the Board:Board;

(1) A completed application on a form prescribed by the Board;

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 structural integration practitioners that is approved by the Board.

- *AB179_R2* – 10 – 4.

- 79th Session (2017) – 10 – (1) The reputation and character of the applicant;

(3) The existence and nature of any pending litigation involving the applicant that would affect his or her suitability for licensure;

andandapplicant that would affect his or her suitability for (4) The accuracy and completeness of any information submitted to the Board by the applicant.

(2) The fees prescribed by the Board pursuant to NRS 640C.520;

fees prescribed by the Board pursuant to (3) Proof that the applicant has successfully completed a program of structural integration recognized by the Board pursuant to section 9 of this act;

- *AB179_R2* – 11 – (6) A certified statement issued by the licensing authority in each state, territory or possession of the United States or the - 79th Session (2017) – 11 – District of Columbia in which the applicant is or has been licensed to practice structural integration verifying that:

(I) The applicant has not been involved in any disciplinary action relating to his or her license to practice structural(II) Disciplinary proceedings relating to his or her license to practice structural integration;integration are not pending;

and (II) Disciplinary proceedings relating to his or her license to practice structural integration are not pending;

A temporary license issued pursuant to this section expires 90 days after the date the Board issues the temporary license.

5.integration practitioner” means a person who holds a license to practice structural integration issued pursuant to NRS 640C.420 or section 9 of this act.

As used in this section, “fully licensed structural integration practitioner” means a person who holds a license to practice structural integration issued pursuant to NRS 640C.420 or section 9 of this act.

- *AB179_R2*79th Session (2017) – 12 – 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 mannerBoard thatpursuant isto morethis stringentsection.han than the regulations adopted by the Board3. pursuant to this section.

3.

2.license and regulate the practice of massage therapy [.] , reflexology and structural integration.

To protect the residents of this State, it is necessary to license and regulate the practice of massage therapy [.] , reflexology and structural integration.

- 79th Session (2017) – 13 – (a) Effleurage;

- *AB179_R2* – 13 – (c) Tapotement;

(e) Vibration;

(c) A person licensed or registered as an aesthetician, aesthetician’s apprentice, hair designer, hair designer’s apprentice, hair braider, shampoo technologist, cosmetologist or cosmetologist’s apprentice pursuant to chapter 644 of NRS if the or person is massaging, cleansing or stimulating the scalp, face, neck or skin within the permissible scope of practice for an aesthetician, aesthetician’s apprentice, hair designer, hair designer’s apprentice, hair braider, shampoo technologist, cosmetologist or cosmetologist’s apprentice pursuant to that chapter.

(e) A person who is an employee of an athletic department of any high school, college or university in this State and who, within - 79th Session (2017) – 14 – the scope of that employment, practices massage therapy , reflexology or structural integration on athletes.

- *AB179_R2* – 14 – (g) A person who practices massage therapy , reflexology or structural integration solely on members of his or her immediate family.

Except as otherwise provided in subsection 3 [,] and section 11 of this act, the provisions of this chapter preempt the licensure and regulation of a massage therapist , reflexologist or structural integration practitioner by a county, city or town, including, without limitation, conducting a criminal background investigation and examination of a massage therapist , reflexologist or structural integration practitioner or applicant for a license to practice massage therapy [.] , reflexology or structural integration.

The Board of Massage [Therapists] Therapy is herebyappointed created.pursuant to this chapter and one nonvoting advisory member appointed pursuant to NRS 640C.160.

The Board consists of [seven] nine members appointed pursuant to this chapter and one nonvoting advisory member appointed pursuant to NRS 640C.160.

- 79th Session (2017) – 15 – (b) One member who is licensed to practice reflexology in this State.

(d)member Onemust membernot whobe:ho is a member of the general public.

This member(1) mustA notmassage be:therapist [;] , reflexologist or structural integration practitioner;

- *AB179_R2* – 15 – (1) A massage therapist [;] , reflexologist or structural integration practitioner;

Sec.640C.300 NRThe Board shall:reby amended to read as follows:

18.

NRS 640C.300 is hereby amended to read as follows:

640C.300 The Board shall:

- 79th Session (2017) – 16 – 8.

- *AB179_R2* – 16 – 1.

Establish the requirements for the approval of a course of continuing education, including, without limitation, a course on a specialty technique of massage therapy [;] , reflexology ororse on a structural integration;

- 79th Session (2017) – 17 – (3) Proof that the applicant has successfully completed a programprogra(4) ofA massagecertified therapystatement recognizedissued by the Board;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:

(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:

and - *AB179_R2* – 17 – (II) Disciplinary proceedings relating to his or her license to practice massage therapy are not pending;

(7)] A statement authorizing the Board or its designee to conduct an investigation to determine the accuracy of anyanynee to statements set forth in the application;

If the Board determines that the examinations being administered pursuant to subparagraph (1) of paragraph (c) of subsection 2 are inadequately testing the knowledge and competency of applicants, the Board shall prepare or cause to be prepared its own written examination to test the knowledge and competencyless ofthan applicants.four times each year.

Such an examination must be offered not less than four times each year.

Upon request, the Board must provide a list of approved interpreters at the location of the examination to interpret the examination for an applicant - 79th Session (2017) – 18 – who, as determined by the Board, requires an interpreter for the examination.

[(a)] (1) Approved by the Commission on Postsecondary Education;

ororApproved by the Commission on Postsecondary [(b)] (2) Offered by a public college in this State or any other state [.

- *AB179_R2* – 18 – (a) Conduct an investigation to determine:

and (d)] (c) Except as otherwise provided in NRS 239.0115, maintain the results of the investigation in a confidential manner for use by the Board and its members and employees in carrying out their duties pursuant to this chapter.

- 79th Session (2017) – 19 – (a) Be at least 18 years of age;

(2)NRS The640C.520;e fees prescribed by the Board pursuant to (3) Proof that the applicant has successfully completed a program of massage therapy recognized by the Board pursuant to NRS 640C.520;640C.400;

(3) Proof that the applicant has successfully completed a program of massage therapy recognized by the Board pursuant to NRS 640C.400;

- *AB179_R2* – 19 – (5) An affidavit indicating that the applicant has not committed any of the offenses for which the Board may refuse to issue a license pursuant to NRS 640C.700;

and (7) [Except as otherwise provided in NRS 640C.440, a] 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.

A temporary license issued pursuant to this section expires 90 days after the date the Board issues the temporary license.

and - 79th Session (2017) – 20 – (d) Remains subject to the regulatory and disciplinary authority of the Board after the expiration of the temporary license for all acts relating to the practice of massage therapy which occurred during the period of temporary licensure.

5.means a person who holds a license to practice massage therapypist” issued pursuant to NRS 640C.400 or 640C.420.

As used in this section, “fully licensed massage therapist” means a person who holds a license to practice massage therapy issued pursuant to NRS 640C.400 or 640C.420.

- *AB179_R2* – 20 – (b) The fees prescribed by the Board pursuant to NRS 640C.520;

and (d) 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 totohe District practice massage therapy , reflexology or structural integration during the immediately preceding 10 years verifying that:

The Board shall not issue a license pursuant to this section unless the state, territory or possession of the United States or the District of Columbia in which the applicant is licensed had requirements at the time the license was issued that the Board determines are substantially equivalent to the requirements for a - 79th Session (2017) – 21 – license to practice massage therapy , reflexology or structural integration set forth in this chapter.

The Board may issue a license by endorsement to practice massage therapy , reflexology or structural integration to an applicant who meets the requirements set forth in this section.

- *AB179_R2* – 21 – (2) Is a citizen of the United States or otherwise has the legal right to work in the United States;

and (4) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the(b) A complete set of fingerprints and written permission authorizing the UnitedBoard States;to forward the fingerprints in the manner provided in NRS 640C.400;

(b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 640C.400;

Unless the Board denies the application for good cause, the Board - 79th Session (2017) – 22 – shall approve the application and issue a license by endorsement to practice massage therapy , reflexology or structural integration to the applicant not later than:

(a) Forty-five days after receiving all additional information requiredreq(b) byTen days after the Board toreceives completea report on the application;applicant’s background based on the submission of the applicant’s fingerprints, ¬ whichever occurs later.

or (b) Ten days after the Board receives a report on the applicant’s background based on the submission of the applicant’s fingerprints, ¬ whichever occurs later.

- *AB179_R2* – 22 – Sec.

(b) An applicant for the issuance or renewal of a license as a massage therapist , reflexologist or structural integration practitioner shall submit to the Board the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520.

or - 79th Session (2017) – 23 – (b) Indicates on the statement submitted pursuant to subsection that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the4.epaIf an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.order, the Board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

4.

If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

- *AB179_R2* – 23 – 2.

(a) File an affidavit with the Board, on the form prescribed by the Board, which states that the licensee’s original license waswasby destroyed, misplaced or mutilated or that his or her name or address as printed on the original license has changed;

- 79th Session (2017) – 24 – (b) Proof of completion of the requirements for continuing education prescribed by the Board pursuant to the regulations adopted by the Board under NRS 640C.320;

and (c) The fee for renewal of the license prescribed by the Board pur2.antA license that expires pursuant to NRSthis 640C.520.section may be restored if, within 2 years after the expiration of the license, the applicant:

2.

A license that expires pursuant to this section may be restored if, within 2 years after the expiration of the license, the applicant:

- *AB179_R2* – 24 – 2.

(a) Demonstration, if deemed necessary by the Board, that the holder of the license is then qualified and competent to practice;

An examination established by the Board pursuant to this chapter..............................................................$600 An application for a license................................................300 An application for a license without an examination.........300 A background check of an applicant..................................600 - 79th Session (2017) – 25 – The issuance of a license....................................................400license..................................................$400 The renewal of a license...........................................

[200] 350 The restoration of an expired license..................................500 The reinstatement of a suspended or revoked license ........500 The issuance of a replacement license..................................75 The restoration of an inactive license.................................300 The issuance of a certification of a massage, reflexology and structural integration establishment as defined in section 11 of this act....................................................................................50 The renewal of a certification of a massage, reflexology and structural integration establishment as defined in section 11 of this act....................................................................................50 2.

- *AB179_R2* – 25 – 4.

The total fees collected by the Board pursuant to this section must not exceed the amount of money necessary for the operation of thetheSec. Board and for the maintenance of an adequate reserve.

Sec.29.nd fNRS 640C.700 is hereby amended to read as follows:

29.

NRS 640C.700 is hereby amended to read as follows:

Has been convicted of a crime involving violence, prostitution or any other sexual offense, a crime involving any type of larceny, a crime relating to a controlled substance, a crime involving any federal or state law or regulation relating to massage - 79th Session (2017) – 26 – therapy , reflexology or structural integration or a substantially similar business, or a crime involving moral turpitude;

Has engaged in or solicited sexual activity during the course of practicing massage , reflexology or structural integration on a person,limitation, withif orthe withoutapplicant theor consentholder of the person,license:luding, including, without limitation,(a) ifMade thesexual applicantadvances ortoward holder of the license:person;

(a) Made sexual advances toward the person;

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 - *AB179_R2* – 26 – therapy , reflexology or structural integration within 30 days after becomingbec11.ng awareHas been disciplined in another state, a territory or possession of the United States or the District of Columbia for conduct that conduct;would be a violation of the provisions of this chapter or any regulations adopted pursuant thereto if the conduct were committed in this State;

11.

Has been disciplined in another state, a territory or possession of the United States or the District of Columbia for conduct that would be a violation of the provisions of this chapter or any regulations adopted pursuant thereto if the conduct were committed in this State;

Has engaged in false, deceptive or misleading advertising, including, without limitation, falsely, deceptively or misleadingly advertising that he or she has received training in a specialty technique of massage , reflexology or structural integration for - 79th Session (2017) – 27 – which he or she has not received training, practicing massage therapy , reflexology or structural integration under an assumed name and impersonating a licensed massage therapist [;] , reflexologist or structural integration practitioner;

15.449.0151, at any time during which:ility, as defined in NRS (a) The license of the facility was suspended or revoked;

Has operated a medical facility, as defined in NRS 449.0151, at any time during which:

(a) The license of the facility was suspended or revoked;

In addition to any other actions authorized by NRS 640C.710, if, after notice and a hearing as required by law, the Board determines that a licensee has engaged in or solicited sexual activity during the course of practicing massage , reflexology or structural integration on a person, as set forth in subsection 4 of - *AB179_R2* – 27 – NRS 640C.700, or has been convicted of prostitution or any other of sexual offense that occurred during the course of practicing massage , reflexology or structural integration on a person, the Board [shall:] may:

The Board shall, by regulation, establish standards for use by the Board in determining the amount of an administrative fine - 79th Session (2017) – 28 – imposed pursuant to this section.

and (c)chapter Anycommitted historyby ofthe previouslicensee.lations violations of the provisions of this chapterSec. committed by the licensee.

Sec.

After holding such a hearing, the Board may extend the period of the temporary suspension if the Board finds, for good cause shown, that such action is necessary to protect the health, safety or welfare of the public pendingpendingssary to proceedings for disciplinary action.

- *AB179_R2* – 28 – (b) Does not file a timely written request for a hearing and the Board wants to consider extending the period of the temporary suspension, the Board shall schedule a hearing and notify the massage therapist , reflexologist or structural integration practitioner immediately by certified mail of the date of the hearing.

After holding such a hearing, the Board may extend the period of the temporary suspension if the Board finds, for good cause shown, - 79th Session (2017) – 29 – that such action is necessary to protect the health, safety or welfare of the public pending proceedings for disciplinary action.

If a massage therapist , reflexologist or structural integration practitioner is charged with or cited for prostitution or any other sexual offense, the appropriate law enforcement agency shall report the charge or citation to the Executive Director of the Board.

After holding such a hearing, the Board may extend the period of the temporary suspension if the Board finds, for good cause shown, that such action is necessary to protect the health, safety or welfare of the public pendingpendingssary to proceedings for disciplinary action.

(b) Does not file a timely written request for a hearing and the Board wants to consider extending the period of the temporary suspension, the Board shall schedule a hearing and notify the - *AB179_R2* – 29 – massage therapist , reflexologist or structural integration practitioner immediately by certified mail of the date of the hearing.

After holding such a hearing, the Board may extend the period of the temporary suspension if the Board finds, for good cause shown, that such action is necessary to protect the health, - 79th Session (2017) – 30 – safety or welfare of the public pending proceedings for disciplinary action.

If the Board or the Executive Director issues an order temporarily suspending the license of a massage therapist , reflexologist or structural integration practitioner pending proceedings for disciplinary action, a court shall not stay that order.

The governmental agency or court of competent jurisdiction may redact from the records produced pursuant to this subsection any information relating to the agency or court that is deemeddeemedon any confidential by the agency or court.

and - *AB179_R2* – 30 – (b) May use the records for the sole and limited purpose of determining whether to take disciplinary action against the massage therapist , reflexologist or structural integration practitioner pursuant to this chapter.

- 79th Session (2017) – 31 – (a) Engage in the practice of massage therapy [;] , reflexology or structural integration:

(b) Use in connection with his or her name the words or letters “L.M.T.,” “licensed massage therapist,” “licensed massage technician,” “M.T.,” “massage technician ,” [” or] “massage therapist,” “licensed reflexologist,” “reflexologist,” “licensed structural integration practitioner” or “structural integration practitioner,” or any other letters, words or insignia indicating or implying that he or she is licensed to practice massage therapy, reflexology or structural integration, or in any other way, orally, or in writing or print, or by sign, directly or by implication, use the word “massage [”] ,” “reflexology,” “structural integration” or represent himself or herself as licensed or qualified to engage in the practice of massage therapy [;] , reflexology or structural integration;

(a) Engage in the practice of massage therapy [;] , reflexology or str(b) Use in connection with his or her name the words or letters “L.M.T.,” “licensed massage therapist,” “licensed massage technician,” “M.T.,” “massage technician ,” [” or] “massage therapist,” “licensed reflexologist,” “reflexologist,” “licensed structural integration practitioner” or “structural integration practitioner,” or any other letters, words or insignia indicating or implying that he or she is licensed to practice massage therapy, reflexology or structural integration, or in any other way, orally, or in writing or print, or by sign, directly or by implication, use the word “massage [”] ,” “reflexology” or “structural integration,” or represent himself or herself as licensed or qualified to engage in the practice of massage therapy [;] , reflexology or structural integration;

(b) Use in connection with his or her- name79th theSession words(2017) or– letters32 “L.M.T.,”– “licensed(c) massageList therapist,” “licensed massage technician,” “M.T.,” “massage technician ,” [” or] “massage therapist,” “licensed reflexologist,” “reflexologist,” “licensed structural integration practitioner” or “structuralcause integrationto practitioner,”have orlisted in any otherdirectory, letters,including, wordswithout orlimitation, insigniaa indicatingtelephone ordirectory, implyinghis that he or sheher isname licensed to practice massage therapy, reflexology or structuralthe integration,name orof inhis any other way, orally, or -her *AB179_R2*company –under 31the –heading in“massage,” writing“massage ortherapy,” print,“massage ortherapist,” by sign, directly or by implication, use the word “massage technician [”] ,” “reflexology”other orterm “structuralthat integration,”indicates or representimplies himselfthat he or herselfshe asis licensed or qualified to engage in the practice of massage therapy [;][.] , reflexology or structural integration;integration.

or (c) List or cause to have listed in any directory, including, without limitation, a telephone directory, his or her name or the name of his or her company under the heading “massage,” “massage therapy,” “massage therapist,” “massage technician [”] ,” “reflexologist” or “structural integration practitioner,” or any other term that indicates or implies that he or she is licensed or qualified to practice massage therapy [.] , reflexology or structural integration.

3.of a misdemeanor.who violates any provision of this section is guilty Sec.

A person who violates any provision of this section is guilty of a misdemeanor.

Sec.

A person licensed to practice massage therapy , reflexology or structural integration pursuant to this chapter shall not disseminate, as part of any advertising by the massage therapist, reflexologist or structural integration practitioner, any false or misleading statement or representation of material fact that is - *AB179_R2* – 32 – intended, directly or indirectly, to induce another person to use the services of the massage therapist [.] , reflexologist or structural integration practitioner.

- 79th Session (2017) – 33 – 3.

All advertising in a telephone directory or a newspaper must also includeinc4.de theA numberperson who violates any provision of thesubsection license.1 or 2 is guilty of a misdemeanor.

4.

A person who violates any provision of subsection 1 or 2 is guilty of a misdemeanor.

or (b) If the provider is not regulated by the Public Utilities Commission of Nevada, request the provider to disconnect the telephone number from service and inform the provider that the request is made pursuant to this section.

If a provider complies in good faith with a request to disconnect a telephone number from service pursuant to this section, - *AB179_R2* – 33 – such good-faith compliance shall constitute a complete defense to - 79th Session (2017) – 34 – any civil or criminal action brought against the provider arising from the disconnection or termination of service.

(a) “Advertising” means the intentional placement or issuance of any sign, card or device, or the permitting or allowing of any sign or marking on a motor vehicle, in any building, structure, newspaper,newspaper,n or magazine or airway transmission, on the Internet or in any directory under the listing of “massage therapist” [or] “massage [.”] ,” “reflexologist,” “reflexology,” “structural integration practitioner” or “structural integration.” (b) “Provider” means a provider of any type of telephone, messaging or paging service.

(a) Any person who is licensed or registered in this State as a physician pursuant to chapter 630, 630A or 633 of NRS, dentist, nurse, dispensing optician, optometrist, occupational therapist, practitioner of respiratory care, physical therapist, podiatric physician, psychologist, marriage and family therapist, chiropractor, athletic trainer, massage therapist, reflexologist,structuralreflexologist, integrationstructural practitioner, perfusionist, doctor of Oriental medicine in any form, medical laboratory director or technician or pharmacistpharmacistne in who:

(c) A registered dietitian employed by the Armed Forces of the United States, the United States Department of Veterans Affairs or - 79th Session (2017) – 35 – any division or department of the Federal Government in the - *AB179_R2* – 34 – discharge of his or her official duties, including, without limitation, the practice of dietetics or providing nutrition services.

(d) A person who furnishes nutrition information, provides recommendations or advice concerning nutrition, or markets food, food materials or dietary supplements and provides nutritionnutritionood, information, recommendations or advice related to that marketing, if the person does not represent that he or she is a licensed dietitian or registered dietitian.

andand(e) (e) Specific foods or supplements that are sources of essential nutrients.

If a qualified applicant submits an application to a local governmental entity for a license to practice massage therapy , reflexology or structural integration and, not later than 60 days - 79th Session (2017) – 36 – after that application, the applicant also submits an application to the Board for a license to practice pursuant to this chapter:

- *AB179_R2* – 35 – (a) The applicant is not required to submit a set of fingerprints to the Board if the applicant submitted a set of fingerprints with his or herher(b) applicationThe toBoard shall request from the local governmental entity;entity a copy of any reports relating to a background investigation of the applicant;

(b) The Board shall request from the local governmental entity a copy of any reports relating to a background investigation of the applicant;

If a qualified applicant submits an application to the Board for a license to practice pursuant to this chapter and, not later than 60 days after that application, the applicant also submits an application to a local governmental entity for a license to practice massage therapy [:] , reflexology or structural integration:

and (d) The local governmental entity shall use the reports provided by the Board in reviewing the application for a license to practice massage therapy, reflexology or structural integration, except that the local governmental entity may conduct its own background investigation of the applicant if the local governmental entity deems it to be necessary.

(a) Except as otherwise provided in subsection 6, maintain courses of practical training and technical instruction equal to the - 79th Session (2017) – 37 – requirements for examination for a license or certificate of registration in each branch of cosmetology taught at the school of cosmetology.

- *AB179_R2* – 36 – (b) Maintain apparatus and equipment sufficient to teach all the subjectssub(c) Keep a daily record of itsthe curriculum.attendance of each student, a record devoted to the different practices, establish grades and hold examinations before issuing diplomas.

(c) Keep a daily record of the attendance of each student, a record devoted to the different practices, establish grades and hold examinations before issuing diplomas.

The Board shall, upon request, authorize a school of cosmetology to offer a course or program that is designed, intended or used to prepare or qualify another person for licensure in the field of massage therapy , reflexology or structural integration if:

- 79th Session (2017) – 38 – (a) The Board has exclusive jurisdiction over the authorization and regulation of the course or program offered by the school of cosmetology;

and - *AB179_R2* – 37 – (b) The school of cosmetology is not required to obtain any otherprogram.cense, license, authorization or approval to offer the course or program.6.

6.

(a) Disclosed among agencies which maintain a system for the mutualmut(b) exchangeFurnished by one agency to another to administer the system of criminal records.justice, including the furnishing of information by a police department to a district attorney.

(b) Furnished by one agency to another to administer the system of criminal justice, including the furnishing of information by a police department to a district attorney.

In addition to any other information to which an employer is entitled or authorized to receive from a name-based inquiry, the - 79th Session (2017) – 39 – Central Repository shall disseminate to a prospective or current employer, or a person or entity designated to receive the information on behalf of such an employer, the information contained in a record of registration concerning an employee, prospective employee, volunteer or prospective volunteer who is a sex offender or an - *AB179_R2* – 38 – offender convicted of a crime against a child, regardless of whether the employee, prospective employee, volunteer or prospective volunteer gives written consent to the release of that information.

In addition to any other information to which an employer is entitled or authorized to receive, the Central Repository shall disseminate to a prospective or current employer, or a person or entity designated to receive the information on behalf of such an employer, the information described in subsection 4 of NRS 179A.190 concerning an employee, prospective employee, volunteer or prospective volunteer who gives written consent to the release of that information if the employer submits a request in the manner set forth in NRS 179A.200 for obtaining a notice of information.

- 79th Session (2017) – 40 – (a) The person who is the subject of the record of criminal historyhis(b) forThe person who is the purposessubject of NRSthe 179A.150.record of criminal history when the subject is a party in a judicial, administrative, licensing, disciplinary or other proceeding to which the information is relevant.

(b) The person who is the subject of the record of criminal history when the subject is a party in a judicial, administrative, licensing, disciplinary or other proceeding to which the information is relevant.

- *AB179_R2* – 39 – (e) The Private Investigator’s Licensing Board to investigate an applicant for a license.

(i) Any public utility subject to the jurisdiction of the Public Utilities Commission of Nevada when the information is necessary toemployee conductor ato securityprotect investigationthe ofpublic anhealth, employeesafety or prospectivewelfare.ctive employee(j) Persons and agencies authorized by statute, ordinance, executive order, court rule, court decision or tocourt protectorder theas publicconstrued health,by safetyappropriate state or welfare.local officers or agencies.

(j) Persons and agencies authorized by statute, ordinance, executive order, court rule, court decision or court order as construed by appropriate state or local officers or agencies.

(n) For the express purpose of research, evaluative or statistical programs pursuant to an agreement with an agency of criminal justice.jus(o) An agency which provides child welfare services, as defined in NRS 432B.030.

(o)(p) AnThe agencyDivision whichof providesWelfare childand welfareSupportive services,Services of the Department of Health and Human Services or its designated - 79th Session (2017) – 41 – representative, as definedneeded into NRSensure 432B.030.the safety of investigators and caseworkers.

(p)(q) The DivisionAging of Welfare and SupportiveDisability Services Division of the Department of Health and Human Services or its designated representative,caseworkers.ve, as needed to ensure the safety of investigators and caseworkers.(r) An agency of this or any other state or the Federal Government that is conducting activities pursuant to Part D of Subchapter IV of Chapter 7 of Title 42 of the Social Security Act, U.S.C.

(q) The Aging and Disability Services Division of the Department of Health and Human Services or its designated representative, as needed to ensure the safety of investigators and caseworkers.

(r) An agency of this or any other state or the Federal Government that is conducting activities pursuant to Part D of Subchapter IV of Chapter 7 of Title 42 of the Social Security Act, 42 U.S.C.

- *AB179_R2* – 40 – (s) The State Disaster Identification Team of the Division of Emergency Management of the Department.

Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 41.071, 49.095, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 130.312, 130.712, 136.050, 159.044, 172.075, 172.245, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179A.450, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3925, 209.419, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, - 79th Session (2017) – 42 – 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 250.087, 250.130, 250.140, 250.150, 268.095, 268.490, 268.910, 271A.105, 281.195, 281A.350, 281A.440, 281A.550, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.5002, 293.503, 293.558, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.16925, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.610, - *AB179_R2* – 41 – 365.138, 366.160, 368A.180, 372A.080, 378.290, 378.300, 379.008, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 391.035, 392.029, 392.147, 392.264, 392.271, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 398.403, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 433.534, 433A.360, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 445A.665, 445B.570, 449.209, 449.245, 449.720, 450.140, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.365, 481.063, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484E.070, 485.316, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.405, 633.283, 633.301, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.400, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641A.191, 641B.170, 641C.760, 642.524, 643.189, 644.446, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645E.300, 645E.375, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 654.110, 656.105, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, - 79th Session (2017) – 43 – 671.170, 673.430, 675.380, 676A.340, 676A.370, 677.243, 679B.122, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 692A.117, 692C.190, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 703.196, 704B.320, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and sections 7 and 9 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public - *AB179_R2* – 42 – records.

A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate the confidential information from the information included in the public book or record that is not otherwise confidential.

(b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require - 79th Session (2017) – 44 – the person who has requested the copy to prepare the copy himself or herself.

Upon receiving a request to disconnect a telephone number from the State Contractors’ Board pursuant to NRS 624.720, the Board of Massage [Therapists] Therapy pursuant to NRS 640C.930 or the Nevada Transportation Authority pursuant to NRS 706.758, the Commission shall issue an order to the appropriate provider of telephone service to disconnect the telephone number.

- *AB179_R2* – 43 – Sec.

or (b) The Public Utilities Commission of Nevada has ordered the disconnection of a telephone number pursuant to NRS 703.175, after receiving a request to disconnect the telephone number from the State Contractors’ Board pursuant to NRS 624.720, the Board of Massage [Therapists] Therapy pursuant to NRS 640C.930 or the Nevada Transportation Authority pursuant to NRS 706.758, ¬or takethe suchPublic actionUtilities asCommission isof necessaryNevada.ut to carry out the order of the court or2. the Public Utilities Commission of Nevada.

2.

- 79th Session (2017) – 45 – Sec.

A person who is licensed to practice reflexology by a county, city or town in this State before October 1, 2018, must, if he or she wishes to continue to practice reflexology on or after October 1, 2018, obtain a license to practice reflexology issuedof bythis theact.e Board of Massage Therapy pursuant to section 7 or 8 of2. this act.

2.

Any administrative regulations adopted by an officer or entity whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of - *AB179_R2* – 44 – this act remain in force until amended by the officer or entity to which the responsibility for the adoption of the regulations has been transferred.

Such contracts and other agreements may be enforced by the officer or entity to which the responsibility for the enforcement of the provisions of the contract or other agreements has been transferred.

provisions of the contract 3.

- 79th Session (2017) – 46 – Sec.

TEXT~~~~~ OF17 REPEALED- SECTIONS79th 640C.425Session Expedited(2017) license by endorsement:

Requirements;

procedure for issuance.

1.

The Board may issue a license by endorsement to practice massage therapy to an applicant who meets the requirements set forth in this section.

An applicant may submit to the Board an application for such a license if the applicant holds a corresponding valid and unrestricted license to practice massage therapy in the District of Columbia or any state or territory of the United States.

2.

An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

(a) Proof satisfactory to the Board that the applicant:

(1) Satisfies the requirements of subsection 1;

- *AB179_R2* – 45 – (2) Is a citizen of the United States or otherwise has the legal right to work in the United States;

(3) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant currently holds or has held a license to practice massage therapy;

and (4) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

(b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 640C.400;

(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;

for the application for and initial issuance of a license;

and20 (e) Any other information required by the Board.

3.

Not later than 15 business days after receiving an application for a license by endorsement to practice massage therapy pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application.

Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to practice massage therapy to the applicant not later than:

(a) Forty-five days after receiving the application;

or (b) Ten days after the Board receives a report on the applicant’s background based on the submission of the applicant’s fingerprints, ¬ w4.cheA license by endorsement to practice massage therapy may be issued at a meeting of the Board or between its meetings by the Chair and Executive Director of the Board.

Such an action shall be deemed to be an action of the Board.

640C.440 Reduction of duplication in licensing procedure with State Board of Cosmetology.

1.

The Board of Massage Therapists and the State Board of Cosmetology shall, to the extent practicable, reduce duplication in the licensing procedure for a qualified applicant who is applying to the Board of Massage Therapists for a license to practice pursuant to this chapter and who is also applying to the State Board of Cosmetology for a license to practice pursuant to chapter 644 of NRS, if both applications are filed not more than 60 days apart.

2.

If a qualified applicant submits an application to the State of NRS and, not later than 60 days after that application, the - *AB179_R2* – 46 – applicant also submits an application to the Board of Massage Therapists for a license to practice pursuant to this chapter:

(a) The applicant is not required to submit a set of fingerprints to the Board of Massage Therapists if the applicant submitted a set of fingerprints with the application to the State Board of Cosmetology;

(b) The Board of Massage Therapists shall request from the State Board of Cosmetology a copy of any reports relating to a background investigation of the applicant;

(c) Upon receiving such a request, the State Board of Cosmetology shall provide to the Board of Massage Therapists any reports relating to a background investigation of the applicant;

and (d) The Board of Massage Therapists shall use the reports provided by the State Board of Cosmetology in reviewing the application for a license to practice pursuant to this chapter, except background investigation of the applicant if the Board of Massage Therapists deems it to be necessary.

644.191 Reduction of duplication in licensing procedure for applicant who also applies to Board of Massage Therapists to practice massage therapy.

1.

The State Board of Cosmetology and the Board of Massage Therapists shall, to the extent practicable, reduce duplication in the licensing procedure for a qualified applicant who is applying to the State Board of Cosmetology for a license to practice pursuant to this chapter and who is also applying to the Board of Massage Therapists for a license to practice pursuant to chapter 640C of NRS, if both applications are filed not more than 60 days apart.

2.

If a qualified applicant submits an application to the Board 640C of NRS and, not later than 60 days after that application, the applicant also submits an application to the State Board of Cosmetology for a license to practice pursuant to this chapter:

(a) The applicant is not required to submit a set of fingerprints to the State Board of Cosmetology if the applicant submitted a set of fingerprints with his or her application to the Board of Massage Therapists;

(b) The State Board of Cosmetology shall request from the Board of Massage Therapists a copy of any reports relating to a background investigation of the applicant;

(c) Upon receiving such a request, the Board of Massage Therapists shall provide to the State Board of Cosmetology any reports relating to a background investigation of the applicant;

and - *AB179_R2* – 47 – provided by the Board of Massage Therapists in reviewing the application for a license to practice pursuant to this chapter.

H - *AB179_R2*