Notwithstanding any other statute to the contrary:
1. If the Board finds, based upon evidence in its possession, that immediate action is necessary to protect the health, safety or welfare of the public, the Board may, upon providing notice to the massage therapist, reflexologist or structural integration practitioner, temporarily suspend his or her license without a prior hearing for a period not to exceed 15 business days. The massage therapist, reflexologist or structural integration practitioner may file a written request for a hearing to challenge the necessity of the temporary suspension. The written request must be filed not later than 10 business days after the date on which the massage therapist, reflexologist or structural integration practitioner receives notice of the temporary suspension. If the massage therapist, reflexologist or structural integration practitioner:
(a) Files a timely written request for a hearing, the Board shall extend the temporary suspension until a hearing is held. The Board shall hold a hearing and render a final decision regarding the necessity of the temporary suspension as promptly as is practicable but not later than 15 business days after the date on which the Board receives the written request. 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 pending 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 massage therapist, reflexologist or structural integration practitioner immediately by certified mail of the date of the hearing. The hearing must be held and a final decision rendered regarding whether to extend the period of the temporary suspension as promptly as is practicable but not later than 30 days after the date on which the Board provides notice of the initial temporary suspension. 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 pending proceedings for disciplinary action.
2. 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. Upon receiving such a report, the Executive Director shall immediately issue by certified mail to the massage therapist, reflexologist or structural integration practitioner a cease and desist order temporarily suspending the license of the massage therapist, reflexologist or structural integration practitioner without a prior hearing. The temporary suspension of the license is effective immediately after the massage therapist, reflexologist or structural integration practitioner receives notice of the cease and desist order and must not exceed 15 business days. The massage therapist, reflexologist or structural integration practitioner may file a written request for a hearing to challenge the necessity of the temporary suspension. The written request must be filed not later than 10 business days after the date on which the Executive Director mails the cease and desist order. If the massage therapist, reflexologist or structural integration practitioner:
(a) Files a timely written request for a hearing, the Board shall extend the temporary suspension until a hearing is held. The Board shall hold a hearing and render a final decision regarding the necessity of the temporary suspension as promptly as is practicable but not later than 15 business days after the date on which the Board receives the written request. 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 pending 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 massage therapist, reflexologist or structural integration practitioner immediately by certified mail of the date of the hearing. The hearing must be held and a final decision rendered regarding whether to extend the period of the temporary suspension as promptly as is practicable but not later than 15 business days after the date on which the Executive Director mails the cease and desist order. 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 pending proceedings for disciplinary action.
3. 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.
4. For purposes of this section, a person is deemed to have notice of a temporary suspension of his or her license:
(a) On the date on which the notice is personally delivered to the person; or
(b) If the notice is mailed, 3 days after the date on which the notice is mailed by certified mail to the last known business or residential address of the person.
(Added to NRS by 2005, 1132; A 2009, 2580; 2017, 1464)
Structure Nevada Revised Statutes
Chapter 640C - Massage Therapy
NRS 640C.010 - Legislative declaration.
NRS 640C.030 - "Board" defined.
NRS 640C.040 - "License" defined.
NRS 640C.050 - "Massage therapist" defined.
NRS 640C.060 - "Massage therapy" defined.
NRS 640C.070 - "Original license" defined.
NRS 640C.075 - "Reflexologist" defined.
NRS 640C.080 - "Reflexology" defined.
NRS 640C.085 - "Structural integration" defined.
NRS 640C.090 - "Structural integration practitioner" defined.
NRS 640C.160 - Appointment of nonvoting advisory member.
NRS 640C.170 - Salary of members; per diem allowance and travel expenses of members and employees.
NRS 640C.180 - Election of Chair, Vice Chair and Secretary-Treasurer; meetings; quorum.
NRS 640C.190 - Attorneys for Board.
NRS 640C.200 - Employment of Executive Director.
NRS 640C.210 - Employment of other personnel.
NRS 640C.410 - Temporary license.
NRS 640C.420 - Licensure of persons who are licensed in other jurisdictions.
NRS 640C.450 - Display of license; replacement licenses.
NRS 640C.500 - Expiration, renewal and restoration of licenses.
NRS 640C.510 - Inactive status.
NRS 640C.520 - Fees and charges.
NRS 640C.590 - Temporary license to practice massage therapy.
NRS 640C.610 - Temporary license to practice reflexology.
NRS 640C.630 - Temporary license to practice structural integration.
NRS 640C.700 - Grounds for refusal to issue license or for disciplinary action.
NRS 640C.712 - Administrative fines for certain unlawful acts; regulations.
NRS 640C.720 - Temporary suspension of license.
NRS 640C.740 - Complaints: Filing; investigation; retention.
NRS 640C.745 - Records relating to convictions for certain crimes: Requests; confidentiality; use.
NRS 640C.760 - Confidentiality of certain records of Board; exceptions.
NRS 640C.910 - Certain acts prohibited without license; penalties.