Notwithstanding any other statute to the contrary:
1. If the Board finds, based upon evidence in its possession, that immediate action is necessary to protect the health, safety or welfare of the public, the Board may, upon providing notice to the massage therapist, reflexologist or structural integration practitioner, temporarily suspend his or her license without a prior hearing for a period not to exceed 15 business days. The massage therapist, reflexologist or structural integration practitioner may file a written request for a hearing to challenge the necessity of the temporary suspension. The written request must be filed not later than 10 business days after the date on which the massage therapist, reflexologist or structural integration practitioner receives notice of the temporary suspension. If the massage therapist, reflexologist or structural integration practitioner:
(a) Files a timely written request for a hearing, the Board shall extend the temporary suspension until a hearing is held. The Board shall hold a hearing and render a final decision regarding the necessity of the temporary suspension as promptly as is practicable but not later than 15 business days after the date on which the Board receives the written request. After holding such a hearing, the Board may extend the period of the temporary suspension if the Board finds, for good cause shown, that such action is necessary to protect the health, safety or welfare of the public pending proceedings for disciplinary action.
(b) Does not file a timely written request for a hearing and the Board wants to consider extending the period of the temporary suspension, the Board shall schedule a hearing and notify the massage therapist, reflexologist or structural integration practitioner immediately by certified mail of the date of the hearing. The hearing must be held and a final decision rendered regarding whether to extend the period of the temporary suspension as promptly as is practicable but not later than 30 days after the date on which the Board provides notice of the initial temporary suspension. After holding such a hearing, the Board may extend the period of the temporary suspension if the Board finds, for good cause shown, that such action is necessary to protect the health, safety or welfare of the public pending proceedings for disciplinary action.
2. If a massage therapist, reflexologist or structural integration practitioner is charged with or cited for prostitution or any other sexual offense, the appropriate law enforcement agency shall report the charge or citation to the Executive Director of the Board. Upon receiving such a report, the Executive Director shall immediately issue by certified mail to the massage therapist, reflexologist or structural integration practitioner a cease and desist order temporarily suspending the license of the massage therapist, reflexologist or structural integration practitioner without a prior hearing. The temporary suspension of the license is effective immediately after the massage therapist, reflexologist or structural integration practitioner receives notice of the cease and desist order and must not exceed 15 business days. The massage therapist, reflexologist or structural integration practitioner may file a written request for a hearing to challenge the necessity of the temporary suspension. The written request must be filed not later than 10 business days after the date on which the Executive Director mails the cease and desist order. If the massage therapist, reflexologist or structural integration practitioner:
(a) Files a timely written request for a hearing, the Board shall extend the temporary suspension until a hearing is held. The Board shall hold a hearing and render a final decision regarding the necessity of the temporary suspension as promptly as is practicable but not later than 15 business days after the date on which the Board receives the written request. After holding such a hearing, the Board may extend the period of the temporary suspension if the Board finds, for good cause shown, that such action is necessary to protect the health, safety or welfare of the public pending proceedings for disciplinary action.
(b) Does not file a timely written request for a hearing and the Board wants to consider extending the period of the temporary suspension, the Board shall schedule a hearing and notify the massage therapist, reflexologist or structural integration practitioner immediately by certified mail of the date of the hearing. The hearing must be held and a final decision rendered regarding whether to extend the period of the temporary suspension as promptly as is practicable but not later than 15 business days after the date on which the Executive Director mails the cease and desist order. After holding such a hearing, the Board may extend the period of the temporary suspension if the Board finds, for good cause shown, that such action is necessary to protect the health, safety or welfare of the public pending proceedings for disciplinary action.
3. If the Board or the Executive Director issues an order temporarily suspending the license of a massage therapist, reflexologist or structural integration practitioner pending proceedings for disciplinary action, a court shall not stay that order.
4. For purposes of this section, a person is deemed to have notice of a temporary suspension of his or her license:
(a) On the date on which the notice is personally delivered to the person; or
(b) If the notice is mailed, 3 days after the date on which the notice is mailed by certified mail to the last known business or residential address of the person.
(Added to NRS by 2005, 1132; A 2009, 2580; 2017, 1464)