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Read on if you’re considering a massage spa...

Concurrently, a massage establishment can be a very public place as long as various persons could view or listen in on an ongoing massage session. The rule is not to address private issues in public settings because the public shouldn’t have to witness the personal private affairs of other people, but also evidently because of the possibility that the government or who knows could also be snooping. The issue involving this type of possible public exposure is addressed in the law by imposing what is believed by many as severe restrictions on licensees involving speech and expression that allow the Nevada Board of Massage Therapists (the "Board") to make arbitrary decisions without due process which can result in penalties. In order to work in a public massage establishment, a massage therapist must obtain a massage license issued by the Board.

In order to obtain and hold a massage license, a therapist must abide by all provisions mentioned in NRS and NAC 640C - Massage Therapists (the “Code”) and agree to waive their due process rights in this manner. Waiving due process rights results in basically waiving all other rights because the law subjects a licensee to be penalized based on an arbitrary opinion, not judgement from their peers such as a jury in a court of law. Ah, but these Board members are elected by the massage therapists themselves and so that makes it ok, right? This is nothing less than effectively a gross violation of liberties and therefore obtaining a massage license must be optional to allow for medical privacy rights to choose between therapy in a public establishment where one is subjected to public opinion versus an independent private session taking place in a private environment.

A catch all in the law that allows the Board to make an arbitrary judgement in regards to a licensee is NRS 640C.700 - Grounds for Disciplinary Action which states “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” (among other provisions) “Has, in the judgment of the Board, engaged in unethical or unprofessional conduct...” NAC 640C.400, 410, and 420 defines what is considered “unprofessional conduct” by the Board which, also in my opinion, unrelentingly restricts against speech and expression between the therapist and client...

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For example, if someone happened to be listening in on a massage therapy session taking place at a public massage establishment, or just the client had the opinion that what he/she experienced was “unprofessional”, basically anyone could knowingly or unknowingly initiate a complaint to the Board, and the therapist could be penalized if the Board arbitrarily judges against the licensee. So if one decides to go to say a hotel spa for a massage, and notices that the therapist seems overly sensitive, nervous or edgy, the law is likely part of the reasoning behind that. There are many possibilities that can affect licensed massage therapists. I could go on and on with other examples as to why it’s necessary for such restrictions regarding public massage establishments, but the reality is that these types of situations must be expected, and these facts must be kept in mind when considering a massage spa, versus what I offer, an independent private session.

Finally, massage is beheld a very personal activity to some, and requires the option for privacy in decision making about what type one feels is best for oneself. Having lawfully recognized options to seek public or private massage therapy services is a right to physical medical privacy: the right to make fundamental medical decisions without governmental coercion or third party review. In this manner, the Board must accommodate for medical privacy rights when interpreting and enforcing the law.


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This website and corresponding advertisement of services  must not be interpreted to advertise “Massage Therapy” defined specifically in accordance with NRS640C.060 and thus shall not be construed as regulated by or requiring a license pursuant to NRS Chapter 640C Massage Therapists.

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