Section 640C.410 - "Unethical or unprofessional conduct" interpreted1. As used in subsection 9 of NRS 640C.700, the Board interprets the phrases: (a) "Unethical conduct" to include, without limitation, any of the following conduct that occurred outside the course and scope of the practice of massage therapy, reflexology or structural integration:(1) Aiding, abetting or assisting any person in performing any act prohibited by law.(2) Performing any act prohibited by law.(b) "Unprofessional conduct" to include, without limitation, any of the following conduct that occurred in the course and scope of the practice of massage therapy, reflexology or structural integration:(1) Offering to practice massage therapy, reflexology or structural integration on a client in exchange for sexual favors.(2) Using health care information to contact a client for the purpose of engaging in a sexual activity with the client.(3) Using health care information or access to health care information to meet or attempt to meet the sexual needs of the massage therapist, reflexologist or structural integration practitioner.(4) Performing acts beyond the scope of the practice of massage therapy, reflexology or structural integration.(5) Assuming duties and responsibilities within the practice of massage therapy, reflexology or structural integration without adequate training.(6) Assuming duties and responsibilities within the practice of massage therapy, reflexology or structural integration if competency is not maintained or the standards of competence are not satisfied, or both.(7) Disclosing the contents of the examination for licensure or certification, or soliciting, accepting or compiling information regarding the contents of the examination before, during or after its administration.(8) Assigning or delegating functions, tasks or responsibilities of licensed or certified persons to unqualified persons.(9) Failing to supervise a person to whom functions of massage therapy, reflexology or structural integration are delegated or assigned, if responsible for supervising the person.(10) Failing to safeguard a client from the incompetent, abusive or illegal practice of any person during the practice of massage therapy, reflexology or structural integration.(11) Practicing massage therapy, reflexology or structural integration while, with or without good cause, the physical, mental or emotional condition of the massage therapist, reflexologist or structural integration practitioner impairs his or her ability to act in a manner consistent with established or customary standards of the practice of massage therapy, reflexology or structural integration, as applicable.(12) Practicing massage therapy, reflexology or structural integration, if any amount of alcohol or a controlled substance or dangerous drug that is not legally prescribed is present in the body of the massage therapist, reflexologist or structural integration practitioner.(13) Failing to respect and maintain a client's right to privacy.(14) Performing or offering to perform the functions of a licensee or holder of a certificate by false representation or under a false or assumed name.(15) Soliciting or borrowing money, materials or other property, or any combination thereof, from a: (II) Family member of a client.(16) Aiding, abetting or assisting any person in performing any acts prohibited by law.(17) Failing to abide by any state or federal statute or regulation relating to the practice of massage therapy, reflexology or structural integration.(18) Engaging in sexual contact with a client.(19) Failing to report the unauthorized practice of massage therapy, reflexology or structural integration.(20) Endangering the safety of the general public, clients or coworkers by making actual or implied threats of violence or carrying out an act of violence.(22) Misappropriating the property of a client.(23) Failing to comply with a condition, limitation or restriction which has been placed on the license of the massage therapist, reflexologist or structural integration practitioner, or the certificate of the massage establishment, reflexology establishment or structural integration establishment.(24) Engaging in the practice of massage therapy, reflexology or structural integration without a license issued pursuant to the provisions of this chapter and chapter 640C of NRS.(25) Displaying a license, certificate, diploma or permit, or a copy of a license, certificate, diploma or permit, which has been fraudulently purchased, issued, counterfeited or materially altered.(26) Engaging in a pattern of conduct that demonstrates failure to exercise the knowledge, skills and abilities to use the methods ordinarily exercised by a reasonable and prudent massage therapist, reflexologist or structural integration practitioner to protect the public.(27) Failing to cooperate with an investigation or inspection conducted by the Board.(28) Engaging in any other unprofessional conduct with a client that the Board determines is outside the professional boundaries generally considered acceptable in the profession.(29) Advertising in a manner that is inconsistent with this chapter or chapter 640C of NRS.2. When evaluating whether a massage therapist, reflexologist or structural integration practitioner is prohibited from engaging or attempting to engage in a sexual activity with a client or former client, the Board will consider, without limitation: (a) Documentation of a formal termination of the professional relationship between the massage therapist, reflexologist or structural integration practitioner and the client or former client;(b) The transfer of care of the client or former client from the massage therapist, reflexologist or structural integration practitioner to another massage therapist, reflexologist or structural integration practitioner, as applicable;(c) The duration of the professional relationship between the massage therapist, reflexologist or structural integration practitioner and the client or former client;(d) The amount of time that has passed since the last services related to the practice of massage therapy, reflexology or structural integration were provided to the client or former client by the massage therapist, reflexologist or structural integration practitioner;(e) The communication between the massage therapist, reflexologist or structural integration practitioner and the client or former client after the last services related to the practice of massage therapy, reflexology or structural integration were provided to the client or former client and before the commencement of the personal relationship;(f) The extent to which the personal or private information of the client or former client was shared with the massage therapist, reflexologist or structural integration practitioner;(g) The nature of the health condition of the client or former client, if any, during the professional relationship between the massage therapist, reflexologist or structural integration practitioner and the client or former client and after that professional relationship ended;(h) The extent of emotional dependence of the client or former client on the massage therapist, reflexologist or structural integration practitioner, if any, and the vulnerability of the client or former client; and(i) The standard cycle for revisiting a massage therapist, reflexologist or structural integration practitioner as determined by the Board.Nev. Admin. Code § 640C.410
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