REQUIRES TWO-THIRDS MAJORITY VOTE (§ 1) S.B. 386 - *SB386* SENATE BILL NO. 386–SENATORS SCHEIBLE; DALY, KRASNER AND TAYLOR MARCH 17, 2025 ____________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions relating to massage therapy. (BDR 54-891) FISCAL NOTE: Effect on Local Government: Increases or Newly Provides for Term of Imprisonment in County or City Jail or Detention Facility. Effect on the State: Yes. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. 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 1 practice massage therapy, reflexology or structural integration. (Chapter 640C of 2 NRS) 3 Section 1 of this bill authorizes the Board, after conducting a review of the 4 credentials of an applicant who does not otherwise satisfy the requirements for the 5 issuance of a license to practice massage therapy, reflexology or structural 6 integration, to grant such a license to a person who: (1) has legally practiced 7 – 2 – - *SB386* massage therapy, reflexology or structural integration in another state, territory or 8 possession of the United States or the District of Columbia for not less than 3 years; 9 (2) submits certain information and documents to the Board; and (3) passes certain 10 examinations. Sections 5-7 of this bill make conforming changes to indicate that 11 the provisions of section 1 are exceptions to the general requirements for the 12 issuance of a license to practice massage therapy, a license to practice reflexology 13 and a license to practice structural integration. 14 Section 2 of this bill revises the definition of the term “reflexology” to include 15 the application of a system of pressure to the face of the human body. 16 Section 3 of this bill eliminates the requirement that the Board alternate the 17 location of its meetings between the southern and northern districts of this State. 18 Existing law requires the Board to adopt regulations that prescribe the 19 requirements for the certification and operation of a massage, reflexology and 20 structural integration establishment. (NRS 640C.330) Section 4 of this bill requires 21 the Board to adopt regulations which include the grounds for the imposition of 22 disciplinary action against the holder of a certificate of a massage, reflexology and 23 structural integration establishment and the disciplinary actions which the Board 24 may impose. 25 Existing law sets forth various requirements for a person to be issued a 26 temporary license to practice massage therapy, reflexology or structural integration. 27 (NRS 640C.590, 640C.610, 640C.630) Sections 8 and 11 of this bill revise those 28 requirements to instead authorize the Board to issue a temporary license to practice 29 massage therapy, reflexology or structural integration in this State to a person: (1) 30 who holds an active license in good standing to practice massage therapy, 31 reflexology or structural integration issued by another state, territory or possession 32 of the United States or the District of Columbia; and (2) who satisfies the 33 requirements for a temporary license set forth in regulations adopted by the Board. 34 Section 8 prohibits those regulations from requiring a person to take or pass a 35 written examination concerning his or her qualifications to practice massage 36 therapy, reflexology or structural integration to be issued a temporary license. 37 Existing law provides that a temporary license expires 90 days after issuance and is 38 not renewable. (NRS 640C.590, 640C.610, 640C.630) Section 8 authorizes a 39 person who has been issued a temporary license to apply for a new temporary 40 license not less than 3 months after the expiration of the temporary license most 41 recently issued to the person. 42 Existing law authorizes the Board or any member thereof to issue subpoenas to 43 compel the attendance of witnesses and the production of books and papers. (NRS 44 640C.750) Section 9 of this bill additionally authorizes the Executive Director of 45 the Board to issue such subpoenas. 46 Existing law prohibits: (1) an unlicensed person from advertising as a massage 47 therapist, reflexologist or structural integration practitioner; and (2) a licensed 48 person from using any false or misleading statement or representation in advertising 49 that is intended to induce another person to use the services of the massage 50 therapist, reflexologist or structural integration practitioner. Existing law also 51 requires certain advertising by a licensed massage therapist, reflexologist or 52 structural integration practitioner to include certain information. (NRS 640C.930) 53 Section 10 of this bill sets forth similar prohibitions and requirements applicable to 54 massage, reflexology and structural integration establishments. 55 – 3 – - *SB386* 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 1 thereto a new section to read as follows: 2 1. The Board may, after conducting a review of the 3 credentials of an applicant who does not otherwise satisfy the 4 requirements set forth in NRS 640C.580, 640C.600 or 640C.620, 5 as applicable, issue a license to the applicant pursuant to this 6 section. 7 2. An applicant for a license to practice massage therapy, 8 reflexology or structural integration, as applicable, issued 9 pursuant to this section must: 10 (a) Have legally practiced massage therapy, reflexology or 11 structural integration in another state, territory or possession of 12 the United States or the District of Columbia for not less than 3 13 years; and 14 (b) Submit to the Board: 15 (1) A completed application on a form prescribed by the 16 Board; 17 (2) The fees prescribed by the Board pursuant to 18 NRS 640C.520; 19 (3) A certified statement issued by the licensing authority in 20 each state, territory or possession of the United States or the 21 District of Columbia in which the applicant is or has been licensed 22 to practice massage therapy, reflexology or structural integration, 23 verifying that: 24 (I) The applicant has not been involved in any 25 disciplinary action relating to his or her license to practice 26 massage therapy, reflexology or structural integration, as 27 applicable; and 28 (II) Disciplinary proceedings relating to his or her 29 license to practice massage therapy, reflexology or structural 30 integration, as applicable, are not pending; 31 (4) A complete set of fingerprints and written permission 32 authorizing the Board to forward the fingerprints to the Central 33 Repository for Nevada Records of Criminal History for submission 34 to the Federal Bureau of Investigation for its report; 35 (5) A statement authorizing the Board or its designee to 36 conduct an investigation to determine the accuracy of any 37 statements set forth in the application; and 38 (6) Official transcripts from a program of massage therapy, 39 reflexology or structural integration which must demonstrate that 40 the applicant completed not less than 500 hours of instruction, 41 including, without limitation: 42 – 4 – - *SB386* (I) A combined total of not less than 200 hours of 1 instruction in anatomy, physiology, kinesiology, pathology, 2 business and ethics consisting of not less than 120 hours of 3 instruction in a classroom and not less than 80 hours of 4 instruction other than in a classroom; and 5 (II) A combined total of not less than 300 hours of 6 instruction and practical experience in massage, reflexology or 7 structural integration theory and practical application, including 8 not less than 140 hours of instruction in a classroom and not less 9 than 40 hours of practical work experience. 10 3. In addition to any examination required pursuant to NRS 11 640C.320, an applicant for a license issued pursuant to this 12 section must pass a nationally recognized examination for testing 13 the education and professional competency of massage therapists, 14 reflexologists or structural integration practitioners, as applicable, 15 that is approved by the Board. 16 Sec. 2. NRS 640C.080 is hereby amended to read as follows: 17 640C.080 “Reflexology” means the application of a system of 18 pressure to the feet, ears , face and hands of the human body. 19 Sec. 3. NRS 640C.180 is hereby amended to read as follows: 20 640C.180 1. At the first meeting of each fiscal year, the 21 members of the Board shall elect a Chair, Vice Chair and Secretary-22 Treasurer from among the members. 23 2. The Board shall meet at least quarterly and may meet at 24 other times at the call of the Chair or upon the written request of a 25 majority of the members of the Board. 26 3. [The Board shall alternate the location of its meetings 27 between the southern district of Nevada and the northern district of 28 Nevada. For the purposes of this subsection: 29 (a) The southern district of Nevada consists of all that portion of 30 the State lying within the boundaries of the counties of Clark, 31 Esmeralda, Lincoln and Nye. 32 (b) The northern district of Nevada consists of all that portion of 33 the State lying within the boundaries of Carson City and the 34 counties of Churchill, Douglas, Elko, Eureka, Humboldt, Lander, 35 Lyon, Mineral, Pershing, Storey, Washoe and White Pine. 36 4.] A meeting of the Board may be conducted telephonically or 37 by videoconferencing. A meeting conducted telephonically or by 38 videoconferencing must meet the requirements of chapter 241 of 39 NRS and any other applicable provisions of law. 40 [5.] 4. Five members of the Board constitute a quorum for the 41 purposes of transacting the business of the Board, including, without 42 limitation, issuing, renewing, suspending, revoking or reinstating a 43 license issued pursuant to this chapter. 44 – 5 – - *SB386* Sec. 4. NRS 640C.330 is hereby amended to read as follows: 1 640C.330 1. The Board shall adopt regulations that prescribe 2 the requirements for the certification and operation of a massage, 3 reflexology and structural integration establishment, including, 4 without limitation, the: 5 (a) Requirements for a massage, reflexology and structural 6 integration establishment to obtain a certificate; 7 (b) Standards with which a massage, reflexology and structural 8 integration establishment must comply; [and] 9 (c) Establishment of fees pursuant to NRS 640C.520 for the 10 issuance and renewal of a certification of a massage, reflexology 11 and structural integration establishment [.] ; and 12 (d) Grounds for the imposition of disciplinary action against a 13 holder of a certificate and the disciplinary actions which the 14 Board may impose, which may include, without limitation, the 15 imposition of a fine and the suspension or revocation of a 16 certificate. 17 2. The provisions of this section and any regulations adopted 18 pursuant thereto do not prohibit a local government from licensing 19 and regulating a massage, reflexology and structural integration 20 establishment, including, without limitation, in a manner that is 21 more stringent than the regulations adopted by the Board pursuant to 22 this section. 23 3. Local governments have concurrent jurisdiction with the 24 Board over the licensure and regulation of massage, reflexology and 25 structural integration establishments. 26 4. If there is a conflict between a provision of the regulations 27 adopted by the Board pursuant to this section and a requirement of a 28 local government, the requirement of a local government prevails to 29 the extent that the requirement provides a more stringent or specific 30 requirement regarding the regulation of a massage, reflexology and 31 structural integration establishment. 32 5. As used in this section, “massage, reflexology and structural 33 integration establishment” means any premises, mobile unit, 34 building or part of a building where massage therapy, reflexology or 35 structural integration is practiced by a person or persons licensed 36 pursuant to this chapter. 37 Sec. 5. NRS 640C.580 is hereby amended to read as follows: 38 640C.580 1. The Board may issue a license to practice 39 massage therapy. 40 2. [An] Except as otherwise provided in section 1 of this act, 41 an applicant for a license must: 42 (a) Be at least 18 years of age; 43 (b) Except as otherwise provided in NRS 640C.426, submit to 44 the Board: 45 – 6 – - *SB386* (1) A completed application on a form prescribed by the 1 Board; 2 (2) The fees prescribed by the Board pursuant to 3 NRS 640C.520; 4 (3) Proof that the applicant has successfully completed a 5 program of massage therapy recognized by the Board; 6 (4) A certified statement issued by the licensing authority in 7 each state, territory or possession of the United States or the District 8 of Columbia in which the applicant is or has been licensed to 9 practice massage therapy verifying that: 10 (I) The applicant has not been involved in any 11 disciplinary action relating to his or her license to practice massage 12 therapy; and 13 (II) Disciplinary proceedings relating to his or her license 14 to practice massage therapy are not pending; 15 (5) A complete set of fingerprints and written permission 16 authorizing the Board to forward the fingerprints to the Central 17 Repository for Nevada Records of Criminal History for submission 18 to the Federal Bureau of Investigation for its report; and 19 (6) A statement authorizing the Board or its designee to 20 conduct an investigation to determine the accuracy of any 21 statements set forth in the application; and 22 (c) In addition to any examination required pursuant to NRS 23 640C.320 and except as otherwise provided in NRS 640C.426, pass 24 a nationally recognized examination for testing the education and 25 professional competency of massage therapists that is approved by 26 the Board. 27 3. The Board: 28 (a) Shall recognize a program of massage therapy that is: 29 (1) Approved by the Commission on Postsecondary 30 Education; or 31 (2) Offered by a public college in this State or any other 32 state; and 33 (b) May recognize other programs of massage therapy. 34 4. Except as otherwise provided in NRS 640C.426, the Board 35 or its designee shall: 36 (a) Conduct an investigation to determine: 37 (1) The reputation and character of the applicant; 38 (2) The existence and contents of any record of arrests or 39 convictions of the applicant; 40 (3) The existence and nature of any pending litigation 41 involving the applicant that would affect his or her suitability for 42 licensure; and 43 (4) The accuracy and completeness of any information 44 submitted to the Board by the applicant. 45 – 7 – - *SB386* (b) Report the results of the investigation of the applicant within 1 the period the Board establishes by regulation pursuant to 2 NRS 640C.320. 3 (c) Except as otherwise provided in NRS 239.0115, maintain the 4 results of the investigation in a confidential manner for use by the 5 Board and its members and employees in carrying out their duties 6 pursuant to this chapter. The provisions of this paragraph do not 7 prohibit the Board or its members or employees from 8 communicating or cooperating with or providing any documents or 9 other information to any other licensing board or any other federal, 10 state or local agency that is investigating a person, including, 11 without limitation, a law enforcement agency. 12 Sec. 6. NRS 640C.600 is hereby amended to read as follows: 13 640C.600 1. The Board may issue a license to practice 14 reflexology. 15 2. [An] Except as otherwise provided in section 1 of this act, 16 an applicant for a license must: 17 (a) Be at least 18 years of age; 18 (b) Except as otherwise provided in NRS 640C.426, submit to 19 the Board: 20 (1) A completed application on a form prescribed by the 21 Board; 22 (2) The fees prescribed by the Board pursuant to 23 NRS 640C.520; 24 (3) Proof that the applicant has successfully completed a 25 program of reflexology recognized by the Board; 26 (4) A certified statement issued by the licensing authority in 27 each state, territory or possession of the United States or the District 28 of Columbia in which the applicant is or has been licensed to 29 practice reflexology verifying that: 30 (I) The applicant has not been involved in any 31 disciplinary action relating to his or her license to practice 32 reflexology; and 33 (II) Disciplinary proceedings relating to his or her license 34 to practice reflexology are not pending; 35 (5) A complete set of fingerprints and written permission 36 authorizing the Board to forward the fingerprints to the Central 37 Repository for Nevada Records of Criminal History for submission 38 to the Federal Bureau of Investigation for its report; and 39 (6) A statement authorizing the Board or its designee to 40 conduct an investigation to determine the accuracy of any 41 statements set forth in the application; and 42 (c) In addition to any examination required pursuant to NRS 43 640C.320 and except as otherwise provided in NRS 640C.426, pass 44 a nationally recognized examination for testing the education and 45 – 8 – - *SB386* professional competency of reflexologists that is approved by the 1 Board. 2 3. The Board: 3 (a) Shall recognize a program of reflexology that is: 4 (1) Approved by the Commission on Postsecondary 5 Education; or 6 (2) Offered by a public college in this State or any other 7 state; and 8 (b) May recognize other programs of reflexology. 9 4. Except as otherwise provided in NRS 640C.426, the Board 10 or its designee shall: 11 (a) Conduct an investigation to determine: 12 (1) The reputation and character of the applicant; 13 (2) The existence and contents of any record of arrests or 14 convictions of the applicant; 15 (3) The existence and nature of any pending litigation 16 involving the applicant that would affect his or her suitability for 17 licensure; and 18 (4) The accuracy and completeness of any information 19 submitted to the Board by the applicant. 20 (b) Report the results of the investigation of the applicant within 21 the period the Board establishes by regulation pursuant to 22 NRS 640C.320. 23 (c) Except as otherwise provided in NRS 239.0115, maintain the 24 results of the investigation in a confidential manner for use by the 25 Board and its members and employees in carrying out their duties 26 pursuant to this chapter. The provisions of this paragraph do not 27 prohibit the Board or its members or employees from 28 communicating or cooperating with or providing any documents or 29 other information to any other licensing board or any other federal, 30 state or local agency that is investigating a person, including, 31 without limitation, a law enforcement agency. 32 Sec. 7. NRS 640C.620 is hereby amended to read as follows: 33 640C.620 1. The Board may issue a license to practice 34 structural integration. 35 2. [An] Except as otherwise provided in section 1 of this act, 36 an applicant for a license must: 37 (a) Be at least 18 years of age; 38 (b) Except as otherwise provided in NRS 640C.426, submit to 39 the Board: 40 (1) A completed application on a form prescribed by the 41 Board; 42 (2) The fees prescribed by the Board pursuant to 43 NRS 640C.520; 44 – 9 – - *SB386* (3) Proof that the applicant has successfully completed a 1 program of structural integration recognized by the Board; 2 (4) A certified statement issued by the licensing authority in 3 each state, territory or possession of the United States or the District 4 of Columbia in which the applicant is or has been licensed to 5 practice structural integration verifying that: 6 (I) The applicant has not been involved in any 7 disciplinary action relating to his or her license to practice structural 8 integration; and 9 (II) Disciplinary proceedings relating to his or her license 10 to practice structural integration are not pending; 11 (5) A complete set of fingerprints and written permission 12 authorizing the Board to forward the fingerprints to the Central 13 Repository for Nevada Records of Criminal History for submission 14 to the Federal Bureau of Investigation for its report; and 15 (6) A statement authorizing the Board or its designee to 16 conduct an investigation to determine the accuracy of any 17 statements set forth in the application; and 18 (c) In addition to any examination required pursuant to NRS 19 640C.320 and except as otherwise provided in NRS 640C.426, pass 20 a nationally recognized examination for testing the education and 21 professional competency of structural integration practitioners that 22 is approved by the Board. 23 3. The Board: 24 (a) Shall recognize a program of structural integration that is: 25 (1) Approved by the Commission on Postsecondary 26 Education; or 27 (2) Offered by a public college in this State or any other 28 state; and 29 (b) May recognize other programs of structural integration. 30 4. Except as otherwise provided in NRS 640C.426, the Board 31 or its designee shall: 32 (a) Conduct an investigation to determine: 33 (1) The reputation and character of the applicant; 34 (2) The existence and contents of any record of arrests or 35 convictions of the applicant; 36 (3) The existence and nature of any pending litigation 37 involving the applicant that would affect his or her suitability for 38 licensure; and 39 (4) The accuracy and completeness of any information 40 submitted to the Board by the applicant. 41 (b) Report the results of the investigation of the applicant within 42 the period the Board establishes by regulation pursuant to 43 NRS 640C.320. 44 – 10 – - *SB386* (c) Except as otherwise provided in NRS 239.0115, maintain the 1 results of the investigation in a confidential manner for use by the 2 Board and its members and employees in carrying out their duties 3 pursuant to this chapter. The provisions of this paragraph do not 4 prohibit the Board or its members or employees from 5 communicating or cooperating with or providing any documents or 6 other information to any other licensing board or any other federal, 7 state or local agency that is investigating a person, including, 8 without limitation, a law enforcement agency. 9 Sec. 8. NRS 640C.630 is hereby amended to read as follows: 10 640C.630 1. The Board may issue a temporary license to 11 practice massage therapy, reflexology or structural integration [.] in 12 this State to a person who holds an active license in good standing 13 to practice massage therapy, reflexology or structural integration 14 issued by another state, territory or possession of the United States 15 or the District of Columbia. 16 2. An applicant for a temporary license issued pursuant to this 17 section must [: 18 (a) Be at least 18 years of age; and 19 (b) Submit to the Board: 20 (1) A completed application on a form prescribed by the 21 Board; 22 (2) The fees prescribed by the Board pursuant to 23 NRS 640C.520; 24 (3) Proof that the applicant has successfully completed a 25 program of structural integration recognized by the Board pursuant 26 to NRS 640C.620; 27 (4) Proof that the applicant: 28 (I) Has taken the examination required pursuant to NRS 29 640C.620; or 30 (II) Is scheduled to take such an examination within 90 31 days after the date of application; 32 (5) An affidavit indicating that the applicant has not 33 committed any of the offenses for which the Board may refuse to 34 issue a license pursuant to NRS 640C.700; 35 (6) A certified statement issued by the licensing authority in 36 each state, territory or possession of the United States or the District 37 of Columbia in which the applicant is or has been licensed to 38 practice structural integration verifying that: 39 (I) The applicant has not been involved in any 40 disciplinary action relating to his or her license to practice structural 41 integration; and 42 (II) Disciplinary proceedings relating to his or her license 43 to practice structural integration are not pending; and 44 – 11 – - *SB386* (7) A complete set of fingerprints and written permission 1 authorizing the Board to forward the fingerprints to the Central 2 Repository for Nevada Records of Criminal History for submission 3 to the Federal Bureau of Investigation for its report.] satisfy the 4 requirements for the issuance of a temporary license set forth in 5 the regulations adopted by the Board pursuant to subsection 5. 6 3. A temporary license issued pursuant to this section expires 7 90 days after the date the Board issues the temporary license. The 8 Board shall not renew the temporary license. A person who has 9 been issued a temporary license pursuant to this section may apply 10 for a new temporary license not less than 3 months after the 11 expiration of the temporary license most recently issued to the 12 person. 13 4. A person who holds a temporary license: 14 (a) May practice massage therapy, reflexology or structural 15 integration , as applicable, only under the supervision of a fully 16 licensed massage therapist, fully licensed reflexologist or fully 17 licensed structural integration practitioner , as applicable, and only 18 in accordance with the provisions of this chapter and the regulations 19 of the Board; 20 (b) Must comply with any other conditions, limitations and 21 requirements imposed on the temporary license by the Board; 22 (c) Is subject to the regulatory and disciplinary authority of the 23 Board to the same extent as a fully licensed massage therapist, fully 24 licensed reflexologist or fully licensed structural integration 25 practitioner [;] , as applicable; and 26 (d) Remains subject to the regulatory and disciplinary authority 27 of the Board after the expiration of the temporary license for all acts 28 relating to the practice of massage therapy, reflexology or structural 29 integration , as applicable, which occurred during the period of 30 temporary licensure. 31 5. The Board shall adopt regulations to carry out the 32 provisions of this section, including, without limitation, 33 regulations establishing requirements for the issuance of a 34 temporary license. Such regulations must not require an applicant 35 for the issuance of a temporary license to take or pass a written 36 examination concerning his or her qualifications to practice 37 massage therapy, reflexology or structural integration to be issued 38 a temporary license. 39 6. As used in this section [, “fully] : 40 (a) “Fully licensed massage therapist” means a person who 41 holds a license to practice massage therapy issued pursuant to 42 NRS 640C.420 or 640C.580. 43 – 12 – - *SB386* (b) “Fully licensed reflexologist” means a person who holds a 1 license to practice reflexology issued pursuant to NRS 640C.420 2 or 640C.600. 3 (c) “Fully licensed structural integration practitioner” means a 4 person who holds a license to practice structural integration issued 5 pursuant to NRS 640C.420 or 640C.620. 6 Sec. 9. NRS 640C.750 is hereby amended to read as follows: 7 640C.750 1. The Board may conduct investigations and hold 8 hearings to carry out its duties pursuant to this chapter. 9 2. In such a hearing: 10 (a) Any member of the Board may administer oaths and 11 examine witnesses; and 12 (b) The Board , the Executive Director of the Board or any 13 member [thereof] of the Board may issue subpoenas to compel the 14 attendance of witnesses and the production of books and papers. 15 3. Each witness who is subpoenaed to appear before the Board 16 is entitled to receive for his or her attendance the same fees and 17 mileage allowed by law for a witness in a civil case. The amount 18 must be paid by the party who requested the subpoena. If any 19 witness who has not been required to attend at the request of any 20 party is subpoenaed by the Board, his or her fees and mileage must 21 be paid by the Board from money available for that purpose. 22 4. If any person fails to comply with the subpoena within 10 23 days after it is issued, the Chair of the Board may petition a court of 24 competent jurisdiction for an order of the court compelling 25 compliance with the subpoena. 26 5. Upon the filing of such a petition, the court shall enter an 27 order directing the person subpoenaed to appear before the court at a 28 time and place to be fixed by the court in its order, the time to be not 29 more than 10 days after the date of the order, and to show cause why 30 the person has not complied with the subpoena. A certified copy of 31 the order must be served upon the person subpoenaed. 32 6. If it appears to the court that the subpoena was regularly 33 issued by the Board, the court shall enter an order compelling 34 compliance with the subpoena. The failure of the person to comply 35 with the order is a contempt of the court that issued the order. 36 Sec. 10. NRS 640C.930 is hereby amended to read as follows: 37 640C.930 1. A person shall not advertise as a massage 38 therapist, reflexologist or structural integration practitioner in this 39 State unless the person is licensed to practice massage therapy, 40 reflexology or structural integration pursuant to this chapter. 41 2. A person licensed to practice massage therapy, reflexology 42 or structural integration pursuant to this chapter shall not 43 disseminate, as part of any advertising by the massage therapist, 44 reflexologist or structural integration practitioner, any false or 45 – 13 – - *SB386* misleading statement or representation of material fact that is 1 intended, directly or indirectly, to induce another person to use the 2 services of the massage therapist, reflexologist or structural 3 integration practitioner. 4 3. All advertising by a licensed massage therapist, reflexologist 5 or structural integration practitioner must include his or her name 6 and the name of his or her company, if applicable. All advertising in 7 a telephone directory or a newspaper must also include the number 8 of the license. 9 4. A person shall not advertise a massage, reflexology and 10 structural integration establishment in this State unless the person 11 holds a certificate to operate the massage, reflexology and 12 structural integration establishment issued by the Board pursuant 13 to NRS 640C.330. 14 5. A person who holds a certificate to operate a massage, 15 reflexology and structural integration establishment shall not 16 disseminate, as part of any advertising by the person holding the 17 certificate, any false or misleading statement or representation of 18 material fact that is intended, directly or indirectly, to induce 19 another person to use the services of the massage, reflexology and 20 structural integration establishment. 21 6. All advertising by a person who holds a certificate to 22 operate a massage, reflexology and structural integration 23 establishment must include his or her name and the name of the 24 massage, reflexology and structural integration establishment. All 25 advertising in a telephone directory or a newspaper must also 26 include the number of the certificate to operate the massage, 27 reflexology and structural integration establishment. 28 7. A person who violates any provision of subsection 1 , [or] 2 29 , 4 or 5 is guilty of a misdemeanor. 30 [5.] 8. If, after notice and a hearing as required by law, the 31 Board determines that a person has willfully engaged in advertising 32 in a manner that violates the provisions of this section or NRS 33 640C.910, the Board may, in addition to any penalty, punishment or 34 disciplinary action authorized by the provisions of this chapter, 35 order the person to cease and desist the unlawful advertising. The 36 provisions of this subsection do not apply to any person whose 37 license has been expired for less than 90 days or is temporarily 38 suspended. 39 [6.] 9. The Board may order any person convicted of a crime 40 involving violence, prostitution or any other sexual offense to cause 41 any telephone number included in the advertising to be disconnected 42 from service. If the Board orders the person to cause any telephone 43 number to be disconnected from service and the person fails to 44 – 14 – - *SB386* comply within 5 days after the date on which the person is served 1 with the order, the Board may: 2 (a) If the provider is regulated by the Public Utilities 3 Commission of Nevada, request the Commission to order the 4 provider to disconnect the telephone number from service pursuant 5 to NRS 703.175 and 707.355; or 6 (b) If the provider is not regulated by the Public Utilities 7 Commission of Nevada, request the provider to disconnect the 8 telephone number from service and inform the provider that the 9 request is made pursuant to this section. Upon receiving such a 10 request, the provider shall take such action as is necessary to 11 disconnect the telephone number from service. 12 [7.] 10. A provider shall not: 13 (a) Forward or offer to forward the telephone calls of a 14 telephone number disconnected from service pursuant to this 15 section; or 16 (b) Provide or offer to provide a message that includes a new 17 telephone number for the person whose telephone number was 18 disconnected from service pursuant to this section. 19 [8.] 11. If a provider complies in good faith with a request to 20 disconnect a telephone number from service pursuant to this section, 21 such good-faith compliance shall constitute a complete defense to 22 any civil or criminal action brought against the provider arising 23 from the disconnection or termination of service. 24 [9.] 12. As used in this section: 25 (a) “Advertising” means the intentional placement or issuance of 26 any sign, card or device, or the permitting or allowing of any sign or 27 marking on a motor vehicle, in any building, structure, newspaper, 28 magazine or airway transmission, on the Internet or in any directory 29 under the listing of “massage therapist,” “massage,” “reflexologist,” 30 “reflexology,” “structural integration [practitioner” or] 31 practitioner,” “structural [integration.”] integration” or “massage, 32 reflexology and structural integration establishment.” 33 (b) “Massage, reflexology and structural integration 34 establishment” has the meaning ascribed to it in NRS 640C.330. 35 (c) “Provider” means a provider of any type of telephone, 36 messaging or paging service. 37 [(c)] (d) “Provider of messaging or paging service” means an 38 entity that provides any type of messaging or paging service to any 39 type of communication device. 40 [(d)] (e) “Provider of telephone service” has the meaning 41 ascribed to it in NRS 707.355. 42 [(e)] (f) “Telephone number” means any sequence of numbers 43 or characters, or both, used by a provider to provide any type of 44 telephone, messaging or paging service. 45 – 15 – - *SB386* Sec. 11. NRS 640C.590 and 640C.610 are hereby repealed. 1 Sec. 12. 1. This section becomes effective upon passage and 2 approval. 3 2. Sections 1 to 11, inclusive, of this act become effective: 4 (a) Upon passage and approval for the purpose of adopting any 5 regulations and performing any other preparatory administrative 6 tasks that are necessary to carry out the provisions of this act; and 7 (b) On October 1, 2025, for all other purposes. 8 TEXT OF REPEALED SECTIONS 640C.590 Temporary license to practice massage therapy. 1. The Board may issue a temporary license to practice massage therapy. 2. An applicant for a temporary license issued pursuant to this section must: (a) Be at least 18 years of age; and (b) 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 pursuant to NRS 640C.580; (4) Proof that the applicant: (I) Has taken the examination required pursuant to NRS 640C.580; or (II) Is scheduled to take such an examination within 90 days after the date of application; (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; (6) 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; and – 16 – - *SB386* (7) 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. 3. A temporary license issued pursuant to this section expires 90 days after the date the Board issues the temporary license. The Board shall not renew the temporary license. 4. A person who holds a temporary license: (a) May practice massage therapy only under the supervision of a fully licensed massage therapist and only in accordance with the provisions of this chapter and the regulations of the Board; (b) Must comply with any other conditions, limitations and requirements imposed on the temporary license by the Board; (c) Is subject to the regulatory and disciplinary authority of the Board to the same extent as a fully licensed massage therapist; and (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. 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.420 or 640C.580. 640C.610 Temporary license to practice reflexology. 1. The Board may issue a temporary license to practice reflexology. 2. An applicant for a temporary license issued pursuant to this section must: (a) Be at least 18 years of age; and (b) 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 reflexology recognized by the Board pursuant to NRS 640C.600; (4) Proof that the applicant: (I) Has taken the examination required pursuant to NRS 640C.600; or (II) Is scheduled to take such an examination within 90 days after the date of application; (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; – 17 – - *SB386* (6) 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 reflexology verifying that: (I) The applicant has not been involved in any disciplinary action relating to his or her license to practice reflexology; and (II) Disciplinary proceedings relating to his or her license to practice reflexology are not pending; and (7) 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. 3. A temporary license issued pursuant to this section expires 90 days after the date the Board issues the temporary license. The Board shall not renew the temporary license. 4. A person who holds a temporary license: (a) May practice reflexology only under the supervision of a fully licensed reflexologist and only in accordance with the provisions of this chapter and the regulations of the Board; (b) Must comply with any other conditions, limitations and requirements imposed on the temporary license by the Board; (c) Is subject to the regulatory and disciplinary authority of the Board to the same extent as a fully licensed reflexologist; and (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 reflexology which occurred during the period of temporary licensure. 5. As used in this section, “fully licensed reflexologist” means a person who holds a license to practice reflexology issued pursuant to NRS 640C.420 or 640C.600. H