Nev. Admin. Code § 640C.400

Current through December 12, 2024

Section 640C.400 - "Sexual activity" interpreted

As used in subsection 4 of NRS 640C.700, the Board interprets the phrase "sexual activity" to include, without limitation:

1. Sexual intercourse;

2. Examining or touching the genitals, anus or any sexualized body part except as otherwise provided in subsection 4 of NRS 640C.700;

Touching a client without his or her consent beneath the underwear or other clothing that the client elects to wear;

4. Rubbing against a client for sexual gratification;

5. Kissing;

6. Hugging, touching, fondling or caressing of a romantic or sexual nature;

7. Not allowing a client privacy to dress or undress except as may be necessary in a medical emergency or custodial situation;

8. Not providing a client a gown or draping except as may be necessary in a medical emergency;

9. Removing the client's clothing or gown or draping without consent, except as may be necessary in a medical emergency or in a custodial setting;

10. Encouraging masturbation or any other sex act in the presence of the massage therapist, reflexologist or structural integration practitioner;

11. Dressing or undressing in the presence of the client;

12. Masturbation or any other sex act by the massage therapist, reflexologist or structural integration practitioner in the presence of the client;

13. Suggesting or discussing the possibility of dating or beginning a sexual or romantic relationship before the professional relationship ends;

14. Terminating the professional relationship with the client for the purpose of dating or pursuing a romantic or sexual relationship;

15. Discussing the sexual history, preference or fantasies of the massage therapist, reflexologist or structural integration practitioner;

16. Any behavior, gesture or expression that may reasonably be interpreted as seductive or sexual;

17. Making statements regarding the client's body, appearance, sexual history or sexual orientation other than for legitimate health care purposes;

18. Sexually demeaning behavior including any verbal or physical contact which may reasonably be interpreted as demeaning, humiliating, embarrassing, threatening or harming a client;

19. Photographing or filming the body or any body part of a client or licensee, including, without limitation, the genitalia or breasts, other than for legitimate health care purposes;

20. Showing a client sexually explicit photographs other than for legitimate health care purposes;

21. Publishing or otherwise sharing any photograph or film described in subsection 19; and

22. An arrest within the immediately preceding 15 years for any offense related to solicitation, pandering, prostitution or human trafficking.

Nev. Admin. Code § 640C.400

Added to NAC by Bd. of Massage Therapists by R009-07, eff. 6-17-2008; A by R108-17AP, eff. 2/27/2018; A by R128-20A, eff. 9/20/2022; A by R128-20A, eff. 9/20/2022

NRS 640C.320, 640C.700