640C.400 - Issuance of license; qualifications; requirements; application; fees; fingerprints; examination; investigation.

640C.400  Issuance of license; qualifications; requirements; application; fees; fingerprints; examination; investigation.

      1.  The Board may issue a license to practice massage therapy.

      2.  An applicant for a license must:

      (a) Be at least 18 years of age;

      (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;

             (4) A certified statement issued by the licensing authority in each state, territory or possession of the United States or the District of Columbia in which the applicant is or has been licensed to practice massage therapy verifying that:

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

                   (II) Disciplinary proceedings relating to his or her license to practice massage therapy are not pending;

             (5) Except as otherwise provided in NRS 640C.440, 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;

             (6) The names and addresses of five natural persons not related to the applicant and not business associates of the applicant who are willing to serve as character references;

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

             (8) If required by the Board, a financial questionnaire; and

      (c) In addition to any examination required pursuant to NRS 640C.320:

             (1) Except as otherwise provided in subsection 3, pass a written examination administered by any board that is accredited by the National Commission for Certifying Agencies, or its successor organization, to examine massage therapists; or

             (2) At the applicant’s discretion and in lieu of a written examination, pass an oral examination prescribed by the Board.

      3.  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 competency of applicants. Such an examination must be offered not less than four times each year. The location of the examination must alternate between Clark County and Washoe County. Upon request, the Board must provide a list of approved interpreters at the location of the examination to interpret the examination for an applicant who, as determined by the Board, requires an interpreter for the examination.

      4.  The Board shall recognize a program of massage therapy that is:

      (a) Approved by the Commission on Postsecondary Education; or

      (b) Offered by a public college in this State or any other state.

Ê The Board may recognize other programs of massage therapy.

      5.  The Board or its designee shall:

      (a) Conduct an investigation to determine:

             (1) The reputation and character of the applicant;

             (2) The existence and contents of any record of arrests or convictions of the applicant;

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

             (4) The accuracy and completeness of any information submitted to the Board by the applicant;

      (b) If the Board determines that it is unable to conduct a complete investigation, require the applicant to submit a financial questionnaire and investigate the financial background and each source of funding of the applicant;

      (c) Report the results of the investigation of the applicant within the period the Board establishes by regulation pursuant to NRS 640C.320; and

      (d) 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. 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.

      (Added to NRS by 2005, 1125; A 2007, 2142; 2009, 2576)