640C.700 - Grounds for disciplinary action.
640C.700 Â Grounds for disciplinary action. Â The Board may refuse to issue a license to an applicant, or may initiate disciplinary action against a holder of a license, if the applicant or holder of the license:
     1.  Has submitted false, fraudulent or misleading information to the Board or any agency of this State, any other state, a territory or possession of the United States, the District of Columbia or the Federal Government;
     2.  Has violated any provision of this chapter or any regulation adopted pursuant thereto;
     3.  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 therapy or a substantially similar business, or a crime involving moral turpitude within the immediately preceding 10 years;
     4.  Has engaged in or solicited sexual activity during the course of practicing massage on a person, with or without the consent of the person, including, without limitation, if the applicant or holder of the license:
     (a) Made sexual advances toward the person;
     (b) Requested sexual favors from the person; or
     (c) Massaged, touched or applied any instrument to the breasts of the person, unless the person has signed a written consent form provided by the Board;
     5.  Has habitually abused alcohol or is addicted to a controlled substance;
     6.  Is, in the judgment of the Board, guilty of gross negligence in the practice of massage therapy;
     7.  Is determined by the Board to be professionally incompetent to engage in the practice of massage therapy;
     8.  Has failed to provide information requested by the Board within 60 days after receiving the request;
     9.  Has, in the judgment of the Board, engaged in unethical or unprofessional conduct as it relates to the practice of massage therapy;
     10.  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;
     11.  Has solicited or received compensation for services relating to the practice of massage therapy that he or she did not provide;
     12.  If the holder of the license is on probation, has violated the terms of the probation;
     13.  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 for which he or she has not received training, practicing massage therapy under an assumed name and impersonating a licensed massage therapist;
     14.  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; or
     (b) An act or omission occurred which resulted in the suspension or revocation of the license pursuant to NRS 449.160.
Ê This subsection applies to an owner or other principal responsible for the operation of the facility.
     15.  Has failed to comply with a written administrative citation issued pursuant to NRS 640C.755 within the time permitted for compliance set forth in the citation or, if a hearing is held pursuant to NRS 640C.757, within 15 business days after the hearing; or
     16.  Except as otherwise provided in subsection 15, has failed to pay or make arrangements to pay, as approved by the Board, an administrative fine imposed pursuant to this chapter within 60 days after:
     (a) Receiving notice of the imposition of the fine; or
     (b) The final administrative or judicial decision affirming the imposition of the fine,
Ê whichever occurs later.
     (Added to NRS by 2005, 1130; A 2009, 899, 2579)
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