1. In addition to any other actions authorized by NRS 640C.710, if, after notice and a hearing as required by law, the Board determines that a licensee has engaged in or solicited sexual activity during the course of practicing massage, reflexology or structural integration on a person, as set forth in subsection 4 of NRS 640C.700, or has been convicted of prostitution or any other sexual offense that occurred during the course of practicing massage, reflexology or structural integration on a person, the Board may:
(a) For a first violation, impose an administrative fine of not less than $100 and not more than $1,000;
(b) For a second violation, impose an administrative fine of not less than $250 and not more than $5,000; and
(c) For a third violation and for each additional violation, impose an administrative fine of not less than $500 and not more than $10,000.
2. The Board shall, by regulation, establish standards for use by the Board in determining the amount of an administrative fine imposed pursuant to this section. The standards must include, without limitation, provisions requiring the Board to consider:
(a) The gravity of the violation;
(b) The good faith of the licensee; and
(c) Any history of previous violations of the provisions of this chapter committed by the licensee.
(Added to NRS by 2009, 2574; A 2017, 1464)