requires two-thirds majority vote (§ 25)
A.B. 625
Assembly Bill No. 625–Committee on Commerce and Labor
March 26, 2001
____________
Referred to Committee on Commerce and Labor
SUMMARY—Provides for the licensing and regulation of massage therapists. (BDR 54‑755)
FISCAL NOTE: Effect on Local Government: Yes.
~
EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to professions; creating the board of massage therapists; prescribing the powers and duties of the board; requiring massage therapists to be licensed by the board; prescribing the requirements for licensure; providing penalties; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. Title 54 of NRS is hereby amended by adding thereto a
1-2 new chapter to consist of the provisions set forth as sections 2 to 33,
1-3 inclusive, of this act.
1-4 Sec. 2. The legislature finds and declares that:
1-5 1. The practice of massage therapy by persons who do not possess
1-6 sufficient knowledge of anatomy and physiology or an understanding of
1-7 the relationship between the structure and function of the tissues being
1-8 treated and the total function of the body may endanger the health,
1-9 welfare and safety of the residents of this state.
1-10 2. To protect the residents of this state, it is necessary to license and
1-11 regulate the practice of massage therapy.
1-12 Sec. 3. As used in this chapter, unless the context otherwise
1-13 requires, the words and terms defined in sections 4, 5 and 6 of this act
1-14 have the meanings ascribed to them in those sections.
1-15 Sec. 4. “Board” means the board of massage therapists.
1-16 Sec. 5. “Massage therapist” means a person who is licensed
1-17 pursuant to the provisions of this chapter.
1-18 Sec. 6. 1. “Massage therapy” means the application of a system of
1-19 external manipulations or pressure to the muscular structure and soft
1-20 tissues of the human body for therapeutic purposes, including, without
1-21 limitation:
1-22 (a) Effleurage;
1-23 (b) Petrissage;
2-1 (c) Tapotement;
2-2 (d) Compressions;
2-3 (e) Vibration;
2-4 (f) Friction;
2-5 (g) Nerve strokes; and
2-6 (h) Movements applied manually with or without superficial heat,
2-7 cold, water or lubricants.
2-8 2. The term does not include diagnosis, adjustment or manipulation
2-9 of any articulations of the body or spine or the mobilization of
2-10 articulations by a thrusting force.
2-11 Sec. 7. 1. The provisions of this chapter do not apply to:
2-12 (a) A person licensed pursuant to chapter 630, 630A, 632, 633, 634,
2-13 635 or 640 of NRS if the massage is performed in the course of the
2-14 practice for which he is licensed.
2-15 (b) A person licensed pursuant to chapter 643 or 644 of NRS if the
2-16 massage is performed in the course of the practice for which he is
2-17 licensed and is limited to the head, neck, hands, feet or shoulders of a
2-18 person.
2-19 (c) A person who is as an employee of an athletic department of any
2-20 high school, college or university in this state and who, within the scope
2-21 of that employment, practices massage therapy on athletes.
2-22 (d) A person who practices massage therapy solely on members of his
2-23 immediate family.
2-24 2. As used in this section, “immediate family” means persons who
2-25 are related by blood, adoption or marriage, within the second degree of
2-26 consanguinity or affinity.
2-27 Sec. 8. 1. The board of massage therapists, consisting of five
2-28 members appointed by the governor, is hereby created.
2-29 2. The governor shall appoint to the board five members who:
2-30 (a) Are licensed to practice massage therapy in this state, at least two
2-31 of whom represent northern Nevada and at least two of whom represent
2-32 southern Nevada; and
2-33 (b) Have engaged in the practice of massage therapy for the 3 years
2-34 immediately preceding their appointment.
2-35 3. The members who are appointed to the board must continue to
2-36 practice massage therapy while they are members of the board.
2-37 4. The governor may remove any member of the board for
2-38 incompetence, neglect of duty, moral turpitude, misfeasance,
2-39 malfeasance or nonfeasance in office.
2-40 5. No member of the board may be held liable in a civil action for an
2-41 act that he performs in good faith in the execution of his duties pursuant
2-42 to this chapter.
2-43 Sec. 9. The Carson City Environmental Health Department shall, at
2-44 least 30 days before the beginning of a term of a member of the board, or
2-45 within 30 days after a position on the board becomes vacant, submit to
2-46 the governor the names of not less than five persons who are qualified
2-47 for membership on the board for each position that must be filled. The
2-48 governor shall appoint new members or fill a vacancy from the list, or
2-49 request a new list. If the Carson City Environmental Health Department
3-1 fails to submit nominations for a position on the board within the periods
3-2 prescribed in this section, the governor may appoint any qualified
3-3 person.
3-4 Sec. 10. 1. At the first meeting of each year, the members of the
3-5 board shall elect a chairman, vice chairman and secretary-treasurer
3-6 from among its members. No member of the board may serve in the same
3-7 office of the board for more than two terms. If a vacancy occurs in the
3-8 office of the chairman, vice chairman or secretary-treasurer, the
3-9 members of the board shall elect a member to serve the remainder of the
3-10 unexpired term.
3-11 2. After the initial terms, the term of each member of the board is 3
3-12 years. The members shall continue in office until their successors are
3-13 appointed. No member of the board may serve more than two consecutive
3-14 terms. A former member of the board is eligible for reappointment to the
3-15 board if that person has not served on the board during the 3 years
3-16 immediately preceding the reappointment. A vacancy must be filled by
3-17 appointment for the unexpired term in the same manner as the original
3-18 appointment.
3-19 Sec. 11. 1. The board shall meet at least quarterly and may meet at
3-20 other times at the call of the chairman or upon the written request of a
3-21 majority of the members of the board. The board shall alternate the
3-22 location of its meetings between northern Nevada and southern Nevada.
3-23 2. Except as otherwise provided in subsection 3, a majority of the
3-24 members of the board constitutes a quorum for the transaction of the
3-25 business of the board.
3-26 3. Four members of the board constitute a quorum for the purposes
3-27 of issuing, suspending or revoking a license issued pursuant to this
3-28 chapter.
3-29 Sec. 12. The board shall:
3-30 1. Review and evaluate applications for the licensing of massage
3-31 therapists;
3-32 2. Determine the qualifications and fitness of applicants;
3-33 3. Issue, renew, reinstate, revoke, suspend and deny licenses, as
3-34 appropriate;
3-35 4. Investigate any complaints filed with the board;
3-36 5. Impose any penalties it determines are necessary for the
3-37 administration of the provisions of this chapter; and
3-38 6. Transact any other business necessary to carry out its duties.
3-39 Sec. 13. 1. The board shall prepare and maintain a separate list of:
3-40 (a) The licensees.
3-41 (b) The applicants for a license.
3-42 (c) The licensees whose licenses have been revoked or suspended
3-43 during the preceding year.
3-44 The board shall, upon request, disclose the information included in each
3-45 list and may charge a fee for a copy of a list.
3-46 2. The board shall:
3-47 (a) Prepare and maintain a record of its proceedings and
3-48 transactions;
4-1 (b) Adopt a seal of which each court in this state shall take judicial
4-2 notice; and
4-3 (c) Enforce the provisions of this chapter and any regulations adopted
4-4 pursuant thereto.
4-5 Sec. 14. The board shall adopt regulations to carry out the
4-6 provisions of this chapter, including, without limitation, regulations that:
4-7 1. Establish the requirements for continuing education for the
4-8 renewal of a license to practice massage therapy;
4-9 2. Establish the passing grade for the written examination for a
4-10 license to practice massage therapy required by section 19 of this act; and
4-11 3. Prescribe the requirements for any practical examination for a
4-12 license to practice massage therapy that the board may require,
4-13 including, without limitation, the passing grade for such an examination.
4-14 Sec. 15. 1. The board may employ an executive secretary and any
4-15 other persons necessary to carry out its duties.
4-16 2. Except as otherwise provided in subsection 3, a member of the
4-17 board is entitled to receive a salary of not more than $50 per day, as fixed
4-18 by the board, while engaged in the business of the board.
4-19 3. The salary of a member of the board may not exceed $500 in any
4-20 calendar year.
4-21 4. While engaged in the business of the board, each member and
4-22 employee of the board is entitled to receive a per diem allowance and
4-23 travel expenses at a rate fixed by the board. The rate must not exceed the
4-24 rate provided for officers and employees of this state generally.
4-25 Sec. 16. The board shall adopt a fiscal year beginning on July 1 and
4-26 ending on June 30.
4-27 Sec. 17. 1. Except as otherwise provided in subsection 4, all
4-28 reasonable expenses incurred by the board in carrying out the provisions
4-29 of this chapter must be paid from the money that it receives. No part of
4-30 the salaries or expenses of the board may be paid from the state general
4-31 fund.
4-32 2. All money received by the board must be deposited in a bank or
4-33 other financial institution in this state and paid out on its order for its
4-34 expenses.
4-35 3. The board may delegate to a hearing officer or panel its authority
4-36 to take any disciplinary action pursuant to this chapter, impose and
4-37 collect fines and penalties therefor, and deposit the money therefrom in a
4-38 bank or other financial institution in this state.
4-39 4. If a hearing officer or panel is not authorized to take disciplinary
4-40 action pursuant to subsection 3 and the board deposits the money
4-41 collected from the imposition of fines with the state treasurer for credit to
4-42 the state general fund, it may present a claim to the state board of
4-43 examiners for recommendation to the interim finance committee if
4-44 money is required to pay attorney’s fees or the costs of an investigation,
4-45 or both.
4-46 Sec. 18. 1. A person who is not licensed pursuant to this chapter to
4-47 practice massage therapy or whose license has been suspended or
4-48 revoked by the board or has expired and who:
4-49 (a) Engages in the practice of massage therapy; or
5-1 (b) Uses in connection with his name the words or letters “L.M.T.,”
5-2 “licensed massage therapist,” “licensed massage technician,” “M.T.,”
5-3 “massage technician,” “massage therapist,” or any other letters, words
5-4 or insignia indicating or implying that he is licensed to practice massage
5-5 therapy, or who in any other way, orally, or in writing or print, or by
5-6 sign, directly or by implication, uses the word “massage” or represents
5-7 himself as licensed or qualified to engage in the practice of massage
5-8 therapy,
5-9 is guilty of a misdemeanor.
5-10 2. If the board determines that a person has violated or is about to
5-11 violate the provisions of subsection 1, the board may bring an action in a
5-12 court of competent jurisdiction to enjoin that person from engaging in or
5-13 continuing the violation. An injunction:
5-14 (a) May be issued without proof of actual damage sustained by any
5-15 person.
5-16 (b) Does not prevent the criminal prosecution and punishment of a
5-17 person who violates those provisions.
5-18 Sec. 19. 1. An applicant for a license to practice massage therapy
5-19 must:
5-20 (a) Be at least 18 years of age.
5-21 (b) Submit to the board:
5-22 (1) A completed application on a form prescribed by the board;
5-23 (2) The fees prescribed by the board pursuant to section 25 of this
5-24 act;
5-25 (3) The statement required pursuant to section 22 of this act;
5-26 (4) Proof that he has successfully completed at least 500 hours of
5-27 instruction in a program of massage therapy approved by the board;
5-28 (5) A notarized statement signed by the applicant that states
5-29 whether:
5-30 (I) The applicant is or has been licensed to practice massage
5-31 therapy in another state, territory or possession of the United States or
5-32 the District of Columbia; and
5-33 (II) If the applicant is or has been licensed to practice massage
5-34 therapy in another state, territory or possession of the United States or
5-35 the District of Columbia, whether any disciplinary proceedings relating
5-36 to his license to practice massage therapy have ever been instituted
5-37 against him; and
5-38 (6) A certification by the licensing entity in each state, territory or
5-39 possession of the United States or the District of Columbia in which the
5-40 applicant is or has been licensed to practice massage therapy which
5-41 states that no disciplinary proceedings relating to his license to practice
5-42 massage therapy are pending.
5-43 (c) Pass any practical examination prescribed by the board pursuant
5-44 to section 14 of this act.
5-45 (d) Pass a written examination administered by the National
5-46 Certification Board for Therapeutic Massage and Bodywork or any other
5-47 organization approved by the board.
5-48 2. A program of massage therapy approved by the board must
5-49 include courses in each of the following subjects:
6-1 (a) Anatomy and physiology;
6-2 (b) The theory and history of massage;
6-3 (c) Techniques, demonstrations and practices of massage;
6-4 (d) Hygiene and first aid;
6-5 (e) Business practices; and
6-6 (f) Ethical practices and the laws and regulations of this state relating
6-7 to massage therapy.
6-8 3. An organization that is approved by the board to administer the
6-9 written examination required by subsection 1 must be accredited by the
6-10 National Commission for Certifying Agencies for the purpose of
6-11 certifying persons who engage in the practice of massage therapy.
6-12 4. As used in this section, an “hour of instruction” means at least 50
6-13 minutes of actual time spent receiving instruction.
6-14 Sec. 20. If the National Certification Board for Therapeutic
6-15 Massage and Bodywork or any other organization that is approved by the
6-16 board to administer the written examination required by section 19 of
6-17 this act ceases to offer such a written examination, the board shall
6-18 prepare or cause to be prepared a written examination that is:
6-19 1. Substantially equivalent to the written examination that was
6-20 administered the National Certification Board for Therapeutic Massage
6-21 and Bodywork or any other organization approved by the board; and
6-22 2. Offered not less than two times each year at a location in northern
6-23 Nevada and southern Nevada.
6-24 Sec. 21. An application for a license must include the social security
6-25 number of the applicant.
6-26 Sec. 22. 1. An applicant for the issuance or renewal of a license
6-27 must submit to the board the statement prescribed by the welfare division
6-28 of the department of human resources pursuant to NRS 425.520. The
6-29 statement must be completed and signed by the applicant.
6-30 2. The board shall include the statement required pursuant to
6-31 subsection 1 in:
6-32 (a) The application or any other forms that must be submitted for the
6-33 issuance or renewal of the license; or
6-34 (b) A separate form prescribed by the board.
6-35 3. A license may not be issued or renewed by the board if the
6-36 applicant:
6-37 (a) Fails to submit the statement required pursuant to subsection 1; or
6-38 (b) Indicates on the statement submitted pursuant to subsection 1 that
6-39 he is subject to a court order for the support of a child and is not in
6-40 compliance with the order or a plan approved by the district attorney or
6-41 other public agency enforcing the order for the repayment of the amount
6-42 owed pursuant to the order.
6-43 4. If an applicant indicates on the statement submitted pursuant to
6-44 subsection 1 that he is subject to a court order for the support of a child
6-45 and is not in compliance with the order or a plan approved by the district
6-46 attorney or other public agency enforcing the order for the repayment of
6-47 the amount owed pursuant to the order, the board shall advise the
6-48 applicant to contact the district attorney or other public agency enforcing
7-1 the order to determine the actions that the applicant may take to satisfy
7-2 the arrearage.
7-3 Sec. 23. 1. If the board receives a copy of a court order issued
7-4 pursuant to NRS 425.540 that provides for the suspension of all
7-5 professional, occupational and recreational licenses, certificates and
7-6 permits issued to a licensee, the board shall deem the license to be
7-7 suspended at the end of the 30th day after the date the court order was
7-8 issued unless the board receives a letter issued to the licensee by the
7-9 district attorney or other public agency pursuant to NRS 425.550 stating
7-10 that the licensee has complied with a subpoena or warrant or has
7-11 satisfied the arrearage pursuant to NRS 425.560.
7-12 2. The board shall reinstate a license that has been suspended by a
7-13 district court pursuant to NRS 425.540 if:
7-14 (a) The board receives a letter issued by the district attorney or other
7-15 public agency pursuant to NRS 425.550 to the licensee stating that the
7-16 licensee has complied with the subpoena or warrant or has satisfied the
7-17 arrearage pursuant to NRS 425.560; and
7-18 (b) The licensee pays the fee for the reinstatement of the license
7-19 prescribed by the board pursuant to section 25 of this act.
7-20 Sec. 24. 1. Except as otherwise provided in subsection 3, the board
7-21 shall issue a license to practice massage therapy, without examination, to
7-22 an applicant who:
7-23 (a) Is licensed to practice massage therapy in another state, territory
7-24 or possession of the United States or the District of Columbia;
7-25 (b) Has practiced massage therapy in another state, territory or
7-26 possession of the United States or the District of Columbia in which has
7-27 been licensed for at least 2 consecutive years; and
7-28 (c) Complies with the provisions of subsection 2.
7-29 2. An applicant for a license issued by the board pursuant to
7-30 subsection 1 must submit to the board:
7-31 (a) A completed application on a form prescribed by the board;
7-32 (b) The fees prescribed by the board pursuant to section 25 of this act;
7-33 (c) The statement required pursuant to section 22 of this act;
7-34 (d) A notarized statement signed by the applicant that states whether
7-35 any disciplinary proceedings relating to his license to practice massage
7-36 therapy have ever been instituted against him; and
7-37 (e) A certification by the licensing entity in each state, territory or
7-38 possession of the United States or the District of Columbia in which the
7-39 applicant is or has been licensed to practice massage therapy which
7-40 states that no disciplinary proceedings relating to his license to practice
7-41 massage therapy are pending.
7-42 3. The board shall not issue a license pursuant to this section unless
7-43 the state, territory or possession of the United States or the District of
7-44 Columbia in which the applicant is licensed had requirements at the time
7-45 the license was issued that the board determines are substantially
7-46 equivalent to the requirements for a license to practice massage therapy
7-47 set forth in this chapter.
7-48 Sec. 25. 1. The board shall, by regulation, prescribe the fees for:
7-49 (a) A practical examination for a license, if required by the board.
8-1 (b) An application for a license.
8-2 (c) An application for a license without examination.
8-3 (d) The issuance of a license.
8-4 (e) The annual renewal of a license.
8-5 (f) The restoration of an expired license.
8-6 (g) The reinstatement of a suspended license.
8-7 (h) The issuance of a duplicate license.
8-8 2. In addition to the fees prescribed pursuant to subsection 1, the
8-9 board may charge and collect a fee for any other service it provides.
8-10 Sec. 26. Each licensee shall display his license conspicuously at
8-11 each place where he practices massage therapy.
8-12 Sec. 27. 1. Each license to engage in the practice of massage
8-13 therapy expires on the last day of the month in which it was issued in the
8-14 next succeeding calendar year and may be renewed if, before the license
8-15 expires, the licensee submits to the board:
8-16 (a) A completed application for renewal on a form prescribed by the
8-17 board;
8-18 (b) Proof of his completion of the requirements for continuing
8-19 education prescribed by the board pursuant to section 14 of this act;
8-20 (c) The fee for the renewal of the license prescribed by the board
8-21 pursuant to section 25 of this act; and
8-22 (d) The statement required pursuant to section 22 of this act.
8-23 2. A license that expires pursuant to the provisions of this section
8-24 may be restored if the applicant:
8-25 (a) Complies with the provisions of subsection 1;
8-26 (b) Submits to the board proof of his ability to engage in the practice
8-27 of massage therapy; and
8-28 (c) Submits to the board the fees prescribed by the board pursuant to
8-29 section 25 of this act for:
8-30 (1) The restoration of an expired license; and
8-31 (2) Each year that the license was expired, the renewal of a license.
8-32 3. If the board determines that an applicant has not submitted
8-33 satisfactory proof of his ability to engage in the practice of massage
8-34 therapy, the board may require the applicant to pass:
8-35 (a) The written examination required by section 19 of this act; and
8-36 (b) Any practical examination prescribed by the board pursuant to
8-37 section 14 of this act.
8-38 4. The board shall send a notice of renewal to each licensee not later
8-39 than 60 days before his license expires. The notice must include a
8-40 statement of the provisions of this section and the amount of the fee for
8-41 the renewal of the license.
8-42 Sec. 28. The board may refuse to issue a license to an applicant, or
8-43 may initiate disciplinary action against a licensee, if the applicant or
8-44 licensee:
8-45 1. Has submitted false or misleading information to the board or any
8-46 agency of this state, any other state, a territory or possession of the
8-47 United States, the District of Columbia or the Federal Government.
8-48 2. Has violated any provision of this chapter or any regulation
8-49 adopted pursuant thereto.
9-1 3. Has been convicted of a felony, a sexual offense, a crime relating
9-2 to a controlled substance or a crime involving moral turpitude.
9-3 4. Has habitually abused alcohol or is addicted to a controlled
9-4 substance.
9-5 5. Has violated the provisions of NRS 200.5093 or 432B.220.
9-6 6. Is, in the judgment of the board, guilty of gross negligence in his
9-7 practice of massage therapy.
9-8 7. Is determined by the board to be professionally incompetent to
9-9 engage in the practice of massage therapy.
9-10 8. Has failed to provide information requested by the board within 60
9-11 days after he received the request.
9-12 9. Has, in the judgment of the board, engaged in unethical or
9-13 unprofessional conduct as it relates to the practice of massage therapy.
9-14 10. Has been disciplined in another state, a territory or possession of
9-15 the United States or the District of Columbia for conduct that would be a
9-16 violation of the provisions of this chapter or any regulations adopted
9-17 pursuant thereto if the conduct were committed in this state.
9-18 11. Has solicited or received compensation for services relating to
9-19 the practice of massage therapy that he did not provide.
9-20 12. If the licensee is on probation, has violated the terms of his
9-21 probation.
9-22 13. Has engaged in false, deceptive or misleading advertising.
9-23 Sec. 29. 1. The board or any of its members who become aware of
9-24 any ground for initiating disciplinary action against a licensee shall, and
9-25 any other person who is so aware may, file a written complaint with the
9-26 board.
9-27 2. The complaint must specifically:
9-28 (a) Set forth the relevant facts; and
9-29 (b) Charge one or more grounds for initiating disciplinary action.
9-30 3. As soon as practicable after the filing of the complaint, the board
9-31 shall set a date for a hearing on the matter. The date must not be later
9-32 than 30 days after the complaint is filed, except that the date may be
9-33 extended upon agreement of the person against whom the complaint is
9-34 filed and the board.
9-35 4. The board shall:
9-36 (a) Notify the person that a complaint against him has been filed;
9-37 (b) Inform him of the date, time and place set for the hearing; and
9-38 (c) Include a copy of the complaint with the notice.
9-39 5. The notice and complaint may be served on the person by delivery
9-40 to him personally or by registered or certified mail at his last known
9-41 address.
9-42 Sec. 30. 1. The person against whom the complaint is filed:
9-43 (a) May appear in person or through the representation of legal
9-44 counsel;
9-45 (b) Must be given adequate opportunity to confront any witness
9-46 against him;
9-47 (c) May testify and introduce the testimony of witnesses in his behalf;
9-48 and
10-1 (d) May submit arguments and briefs in person or through his
10-2 counsel.
10-3 2. The board shall issue its decision within 30 days after the hearing.
10-4 3. The failure of the person charged to attend his hearing or defend
10-5 himself must not delay and does not void the proceedings. The board
10-6 may, for good cause shown, continue any hearing from time to time.
10-7 Sec. 31. 1. Except as otherwise provided in subsection 3, if the
10-8 board determines, after notice and hearing, that an applicant for a
10-9 license or a licensee has committed any of the acts charged in the
10-10 complaint, it may:
10-11 (a) Place him on probation for a specified period or until further
10-12 order of the board;
10-13 (b) Administer to him a public or private reprimand;
10-14 (c) Refuse to renew, reinstate or restore his license;
10-15 (d) Suspend or revoke his license;
10-16 (e) Impose an administrative fine of not more than $5,000;
10-17 (f) Require him to pay the costs incurred by the board to conduct the
10-18 investigation and hearing; or
10-19 (g) Impose any combination of actions set forth in paragraphs (a) to
10-20 (f), inclusive.
10-21 2. The order of the board may contain such other terms, provisions
10-22 or conditions as the board deems proper.
10-23 3. The board may, if the board finds that the action is necessary to
10-24 protect the health, safety or welfare of the public, upon notice to the
10-25 licensee, temporarily suspend or refuse to renew his license for a period
10-26 not to exceed 30 days. For good cause, the board may extend the period
10-27 of suspension of the license or continue to refuse to renew the license if
10-28 the board deems such action to be necessary to protect the health, safety
10-29 or welfare of the public. In any such case, a hearing must be held and a
10-30 final decision rendered within 30 days after the board notifies the
10-31 licensee of the temporary suspension.
10-32 Sec. 32. 1. The board may conduct investigations and hold
10-33 hearings to carry out its duties pursuant to the provisions of this chapter.
10-34 2. In such a hearing:
10-35 (a) Any member of the board may administer oaths and examine
10-36 witnesses; and
10-37 (b) The board or any member thereof may issue subpoenas to compel
10-38 the attendance of witnesses and the production of books and papers.
10-39 3. Each witness who is subpoenaed to appear before the board is
10-40 entitled to receive for his attendance the same fees and mileage allowed
10-41 by law to a witness in a civil case. The amount must be paid by the party
10-42 who requested the subpoena. If any witness who has not been required to
10-43 attend at the request of any party is subpoenaed by the board, his fees
10-44 and mileage must be paid from the money of the board.
10-45 4. If any person fails to comply with the subpoena within 10 days
10-46 after it is issued, the chairman of the board may petition a court of
10-47 competent jurisdiction for an order of the court compelling compliance
10-48 with the subpoena.
11-1 5. Upon such a petition, the court shall enter an order directing the
11-2 person subpoenaed to appear before the court at a time and place to be
11-3 fixed by the court in its order, the time to be not more than 10 days after
11-4 the date of the order, and to show cause why he has not complied with
11-5 the subpoena. A certified copy of the order must be served upon the
11-6 person subpoenaed.
11-7 6. If it appears to the court that the subpoena was regularly issued by
11-8 the board, the court shall enter an order compelling compliance with the
11-9 subpoena. The failure of the person to obey the order is a contempt of the
11-10 court that issued the order.
11-11 Sec. 33. 1. Any records or information obtained during the course
11-12 of an investigation by the board are confidential until the investigation is
11-13 completed. Upon completion of the investigation, the records and
11-14 information are public records if:
11-15 (a) Disciplinary action was taken by the board as a result of the
11-16 investigation; or
11-17 (b) The person who was investigated submits a written request to the
11-18 board asking that the information and records be made public records.
11-19 2. The provisions of this section do not prohibit the board from
11-20 cooperating with another licensing board or any agency that is
11-21 investigating a licensee, including, without limitation, a law enforcement
11-22 agency.
11-23 Sec. 34. NRS 200.5093 is hereby amended to read as follows:
11-24 200.5093 1. Any person who is described in subsection 4 and who,
11-25 in his professional or occupational capacity, knows or has reasonable cause
11-26 to believe that an older person has been abused, neglected, exploited or
11-27 isolated shall:
11-28 (a) Except as otherwise provided in subsection 2, report the abuse,
11-29 neglect, exploitation or isolation of the older person to:
11-30 (1) The local office of the aging services division of the department
11-31 of human resources;
11-32 (2) A police department or sheriff’s office;
11-33 (3) The county’s office for protective services, if one exists in the
11-34 county where the suspected action occurred; or
11-35 (4) A toll-free telephone service designated by the aging services
11-36 division of the department of human resources; and
11-37 (b) Make such a report as soon as reasonably practicable but not later
11-38 than 24 hours after the person knows or has reasonable cause to believe
11-39 that the older person has been abused, neglected, exploited or isolated.
11-40 2. If a person who is required to make a report pursuant to subsection 1
11-41 knows or has reasonable cause to believe that the abuse, neglect,
11-42 exploitation or isolation of the older person involves an act or omission of
11-43 the aging services division, another division of the department of human
11-44 resources or a law enforcement agency, the person shall make the report to
11-45 an agency other than the one alleged to have committed the act or
11-46 omission.
11-47 3. Each agency, after reducing a report to writing, shall forward a copy
11-48 of the report to the aging services division of the department of human
11-49 resources.
12-1 4. A report must be made pursuant to subsection 1 by the following
12-2 persons:
12-3 (a) Every physician, dentist, dental hygienist, chiropractor, optometrist,
12-4 podiatric physician, medical examiner, resident, intern, professional or
12-5 practical nurse, physician’s assistant, psychiatrist, psychologist, marriage
12-6 and family therapist, massage therapist, alcohol or drug abuse counselor,
12-7 driver of an ambulance, advanced emergency medical technician or other
12-8 person providing medical services licensed or certified to practice in this
12-9 state, who examines, attends or treats an older person who appears to have
12-10 been abused, neglected, exploited or isolated.
12-11 (b) Any personnel of a hospital or similar institution engaged in the
12-12 admission, examination, care or treatment of persons or an administrator,
12-13 manager or other person in charge of a hospital or similar institution upon
12-14 notification of the suspected abuse, neglect, exploitation or isolation of an
12-15 older person by a member of the staff of the hospital.
12-16 (c) A coroner.
12-17 (d) Every clergyman, practitioner of Christian Science or religious
12-18 healer, unless he acquired the knowledge of abuse, neglect, exploitation or
12-19 isolation of the older person from the offender during a confession.
12-20 (e) Every person who maintains or is employed by an agency to provide
12-21 nursing in the home.
12-22 (f) Every attorney, unless he has acquired the knowledge of abuse,
12-23 neglect, exploitation or isolation of the older person from a client who has
12-24 been or may be accused of such abuse, neglect, exploitation or isolation.
12-25 (g) Any employee of the department of human resources.
12-26 (h) Any employee of a law enforcement agency or a county’s office for
12-27 protective services or an adult or juvenile probation officer.
12-28 (i) Any person who maintains or is employed by a facility or
12-29 establishment that provides care for older persons.
12-30 (j) Any person who maintains, is employed by or serves as a volunteer
12-31 for an agency or service which advises persons regarding the abuse,
12-32 neglect, exploitation or isolation of an older person and refers them to
12-33 persons and agencies where their requests and needs can be met.
12-34 (k) Every social worker.
12-35 (l) Any person who owns or is employed by a funeral home or
12-36 mortuary.
12-37 5. A report may be made by any other person.
12-38 6. If a person who is required to make a report pursuant to subsection 1
12-39 knows or has reasonable cause to believe that an older person has died as a
12-40 result of abuse, neglect or isolation, the person shall, as soon as reasonably
12-41 practicable, report this belief to the appropriate medical examiner or
12-42 coroner, who shall investigate the cause of death of the older person and
12-43 submit to the appropriate local law enforcement agencies, the appropriate
12-44 prosecuting attorney and the aging services division of the department of
12-45 human resources his written findings. The written findings must include
12-46 the information required pursuant to the provisions of NRS 200.5094,
12-47 when possible.
12-48 7. A division, office or department which receives a report pursuant to
12-49 this section shall cause the investigation of the report to commence within
13-1 3 working days. A copy of the final report of the investigation conducted
13-2 by a division, office or department, other than the aging services division
13-3 of the department of human resources, must be forwarded to the aging
13-4 services division within 90 days after the completion of the report.
13-5 8. If the investigation of a report results in the belief that an older
13-6 person is abused, neglected, exploited or isolated, the aging services
13-7 division of the department of human resources or the county’s office for
13-8 protective services may provide protective services to the older person if he
13-9 is able and willing to accept them.
13-10 9. A person who knowingly and willfully violates any of the
13-11 provisions of this section is guilty of a misdemeanor.
13-12 Sec. 35. NRS 200.5095 is hereby amended to read as follows:
13-13 200.5095 1. Reports made pursuant to NRS 200.5093 and 200.5094,
13-14 and records and investigations relating to those reports, are confidential.
13-15 2. A person, law enforcement agency or public or private agency,
13-16 institution or facility who willfully releases data or information concerning
13-17 the reports and investigation of the abuse, neglect, exploitation or isolation
13-18 of older persons, except:
13-19 (a) Pursuant to a criminal prosecution;
13-20 (b) Pursuant to NRS 200.50982; or
13-21 (c) To persons or agencies enumerated in subsection 3 of this
section,
13-22 is guilty of a misdemeanor.
13-23 3. Except as otherwise provided in subsection 2 and NRS 200.50982,
13-24 data or information concerning the reports and investigations of the abuse,
13-25 neglect, exploitation or isolation of an older person is available only to:
13-26 (a) A physician who is providing care to an older person who may have
13-27 been abused, neglected, exploited or isolated;
13-28 (b) An agency responsible for or authorized to undertake the care,
13-29 treatment and supervision of the older person;
13-30 (c) A district attorney or other law enforcement official who requires
13-31 the information in connection with an investigation of the abuse, neglect,
13-32 exploitation or isolation of the older person;
13-33 (d) A court which has determined, in camera, that public disclosure of
13-34 such information is necessary for the determination of an issue before it;
13-35 (e) A person engaged in bona fide research, but the identity of the
13-36 subjects of the report must remain confidential;
13-37 (f) A grand jury upon its determination that access to such records is
13-38 necessary in the conduct of its official business;
13-39 (g) Any comparable authorized person or agency in another jurisdiction;
13-40 (h) A legal guardian of the older person, if the identity of the person
13-41 who was responsible for reporting the alleged abuse, neglect, exploitation
13-42 or isolation of the older person to the public agency is protected, and the
13-43 legal guardian of the older person is not the person suspected of such
13-44 abuse, neglect, exploitation or isolation;
13-45 (i) If the older person is deceased, the executor or administrator of his
13-46 estate, if the identity of the person who was responsible for reporting the
13-47 alleged abuse, neglect, exploitation or isolation of the older person to the
14-1 public agency is protected, and the executor or administrator is not the
14-2 person suspected of such abuse, neglect, exploitation or isolation; or
14-3 (j) The older person named in the report as allegedly being abused,
14-4 neglected, exploited or isolated, if that person is not legally incompetent.
14-5 4. If the person who is reported to have abused, neglected, exploited or
14-6 isolated an older person is the holder of a license or certificate issued
14-7 pursuant to chapters 449, 630 to 641B, inclusive, or 654 of NRS, or
14-8 sections 2 to 33, inclusive, of this act, information contained in the report
14-9 must be submitted to the board that issued the license.
14-10 Sec. 36. NRS 218.825 is hereby amended to read as follows:
14-11 218.825 1. Each of the boards and commissions created by the
14-12 provisions of chapters 623 to 625A, inclusive, 628 to 644, inclusive, [and]
14-13 654 and 656 of NRS and sections 2 to 33, inclusive, of this act shall
14-14 engage the services of a certified public accountant or public accountant, or
14-15 firm of either of such accountants, to audit all its fiscal records once each
14-16 year for the preceding fiscal year or once every other year for the 2
14-17 preceding fiscal years. The cost of the audit must be paid by the board or
14-18 commission audited.
14-19 2. A report of each such audit must be filed by the board or
14-20 commission with the legislative auditor and the [director] chief of the
14-21 budget division of the department of administration on or before
14-22 December 1 of each year in which an audit is conducted. All audits must be
14-23 conducted in accordance with generally accepted auditing standards , and
14-24 all financial statements must be prepared in accordance with generally
14-25 accepted principles of accounting for special revenue funds.
14-26 3. The legislative auditor shall audit the fiscal records of any such
14-27 board or commission whenever directed to do so by the legislative
14-28 commission. When the legislative commission directs such an audit, it shall
14-29 also determine who is to pay the cost of the audit.
14-30 Sec. 37. NRS 284.013 is hereby amended to read as follows:
14-31 284.013 1. Except as otherwise provided in subsection 4, this chapter
14-32 does not apply to:
14-33 (a) Agencies, bureaus, commissions, officers or personnel in the
14-34 legislative department or the judicial department of state government,
14-35 including the commission on judicial discipline;
14-36 (b) Any person who is employed by a board, commission, committee or
14-37 council created in chapters 590, 623 to 625A, inclusive, 628, 630 to 644,
14-38 inclusive, 648, 652, 654 and 656 of NRS[;] and sections 2 to 33,
14-39 inclusive, of this act; or
14-40 (c) Officers or employees of any agency of the executive department of
14-41 the state government who are exempted by specific statute.
14-42 2. Except as otherwise provided in subsection 3, the terms and
14-43 conditions of employment of all persons referred to in subsection 1,
14-44 including salaries not prescribed by law and leaves of absence, including,
14-45 without limitation, annual leave and sick and disability leave, must be fixed
14-46 by the appointing or employing authority within the limits of legislative
14-47 appropriations or authorizations.
14-48 3. Except as otherwise provided in this subsection, leaves of absence
14-49 prescribed pursuant to subsection 2 must not be of lesser duration than
15-1 those provided for other state officers and employees pursuant to the
15-2 provisions of this chapter. The provisions of this subsection do not govern
15-3 the legislative commission with respect to the personnel of the legislative
15-4 counsel bureau.
15-5 4. Any board, commission, committee or council created in chapters
15-6 590, 623 to 625A, inclusive, 628, 630 to 644, inclusive, 648, 652, 654 and
15-7 656 of NRS and sections 2 to 33, inclusive, of this act which contracts for
15-8 the services of a person, shall require the contract for those services to be
15-9 in writing. The contract must be approved by the state board of examiners
15-10 before those services may be provided.
15-11 Sec. 38. NRS 432B.220 is hereby amended to read as follows:
15-12 432B.220 1. Any person who is described in subsection 3 and who,
15-13 in his professional or occupational capacity, knows or has reasonable cause
15-14 to believe that a child has been abused or neglected shall:
15-15 (a) Except as otherwise provided in subsection 2, report the abuse or
15-16 neglect of the child to an agency which provides protective services or to a
15-17 law enforcement agency; and
15-18 (b) Make such a report as soon as reasonably practicable but not later
15-19 than 24 hours after the person knows or has reasonable cause to believe
15-20 that the child has been abused or neglected.
15-21 2. If a person who is required to make a report pursuant to subsection 1
15-22 knows or has reasonable cause to believe that the abuse or neglect of the
15-23 child involves an act or omission of:
15-24 (a) A person directly responsible or serving as a volunteer for or an
15-25 employee of a public or private home, institution or facility where the child
15-26 is receiving child care outside of his home for a portion of the day, the
15-27 person shall make the report to a law enforcement agency.
15-28 (b) An agency which provides protective services or a law enforcement
15-29 agency, the person shall make the report to an agency other than the one
15-30 alleged to have committed the act or omission, and the investigation of the
15-31 abuse or neglect of the child must be made by an agency other than the one
15-32 alleged to have committed the act or omission.
15-33 3. A report must be made pursuant to subsection 1 by the following
15-34 persons:
15-35 (a) A physician, dentist, dental hygienist, chiropractor, optometrist,
15-36 podiatric physician, medical examiner, resident, intern, professional or
15-37 practical nurse, physician’s assistant, psychiatrist, psychologist, marriage
15-38 and family therapist, massage therapist, alcohol or drug abuse counselor,
15-39 advanced emergency medical technician or other person providing medical
15-40 services licensed or certified in this state;
15-41 (b) Any personnel of a hospital or similar institution engaged in the
15-42 admission, examination, care or treatment of persons or an administrator,
15-43 manager or other person in charge of a hospital or similar institution upon
15-44 notification of suspected abuse or neglect of a child by a member of the
15-45 staff of the hospital;
15-46 (c) A coroner;
15-47 (d) A clergyman, practitioner of Christian Science or religious healer,
15-48 unless he has acquired the knowledge of the abuse or neglect from the
15-49 offender during a confession;
16-1 (e) A social worker and an administrator, teacher, librarian or counselor
16-2 of a school;
16-3 (f) Any person who maintains or is employed by a facility or
16-4 establishment that provides care for children, children’s camp , or other
16-5 public or private facility, institution or agency furnishing care to a child;
16-6 (g) Any person licensed to conduct a foster home;
16-7 (h) Any officer or employee of a law enforcement agency or an adult or
16-8 juvenile probation officer;
16-9 (i) An attorney, unless he has acquired the knowledge of the abuse or
16-10 neglect from a client who is or may be accused of the abuse or neglect; and
16-11 (j) Any person who maintains, is employed by or serves as a volunteer
16-12 for an agency or service which advises persons regarding abuse or neglect
16-13 of a child and refers them to persons and agencies where their requests and
16-14 needs can be met.
16-15 4. A report may be made by any other person.
16-16 5. If a person who is required to make a report pursuant to subsection 1
16-17 knows or has reasonable cause to believe that a child has died as a result of
16-18 abuse or neglect, the person shall, as soon as reasonably practicable, report
16-19 this belief to the appropriate medical examiner or coroner, who shall
16-20 investigate the report and submit to an agency which provides protective
16-21 services his written findings. The written findings must include, if
16-22 obtainable, the information required pursuant to the provisions of
16-23 subsection 2 of NRS 432B.230.
16-24 Sec. 39. NRS 608.0116 is hereby amended to read as follows:
16-25 608.0116 “Professional” means pertaining to an employee who is
16-26 licensed or certified by the State of Nevada for and engaged in the practice
16-27 of law or any of the professions regulated by chapters 623 to 645,
16-28 inclusive, of NRS[.] and sections 2 to 33, inclusive, of this act.
16-29 Sec. 40. Section 19 of this act is hereby amended to read as follows:
16-30 Sec. 19. 1. An applicant for a license to practice massage
16-31 therapy must:
16-32 (a) Be at least 18 years of age.
16-33 (b) Submit to the board:
16-34 (1) A completed application on a form prescribed by the board;
16-35 (2) The fees prescribed by the board pursuant to section 25 of
16-36 this act;
16-37 (3)[The statement required pursuant to section 22 of this act;
16-38 (4)] Proof that he has successfully completed at least 500 hours
16-39 of instruction in a program of massage therapy approved by the board;
16-40 [(5)] (4)A notarized statement signed by the applicant that
16-41 states whether:
16-42 (I)The applicant is or has been licensed to practice massage
16-43 therapy in another state, territory or possession of the United States or
16-44 the District of Columbia; and
16-45 (II)If the applicant is or has been licensed to practice
16-46 massage therapyin another state, territory or possession of the United
16-47 States or the District of Columbia,whether any disciplinary
16-48 proceedings relating to his license to practice massage therapy have
16-49 ever been instituted against him; and
17-1 [(6)] (5) A certification by the licensing entity in each state,
17-2 territory or possession of the United States or the District of Columbia
17-3 in which the applicant is or has been licensed to practice massage
17-4 therapy which states that no disciplinary proceedings relating to his
17-5 license to practice massage therapy are pending.
17-6 (c) Pass any practical examination prescribed by the board pursuant
17-7 to section 14 of this act.
17-8 (d) Pass a written examination administered by the National
17-9 Certification Board for Therapeutic Massage and Bodywork or any
17-10 other organization approved by the board.
17-11 2. A program of massage therapy approved by the board must
17-12 include courses in each of the following subjects:
17-13 (a) Anatomy and physiology;
17-14 (b) The theory and history of massage;
17-15 (c) Techniques, demonstrations and practices of massage;
17-16 (d) Hygiene and first aid;
17-17 (e) Business practices; and
17-18 (f) Ethical practices and the laws and regulations of this state
17-19 relating to massage therapy.
17-20 3. An organization that is approved by the board to administer the
17-21 written examination required by subsection 1 must be accredited by
17-22 the National Commission for Certifying Agencies for the purpose of
17-23 certifying persons who engage in the practice of massage therapy.
17-24 4. As used in this section, an “hour of instruction” means at least
17-25 50 minutes of actual time spent receiving instruction.
17-26 Sec. 41. Section 24 of this act is hereby amended to read as follows:
17-27 Sec.24. 1. Except as otherwise provided in subsection 3, the
17-28 board shall issue a license to practice massage therapy, without
17-29 examination, to an applicant who:
17-30 (a)Is licensed to practice massage therapy in another state,
17-31 territory or possession of the United States or the District of
17-32 Columbia;
17-33 (b)Has practiced massage therapy in another state, territory or
17-34 possession of the United States or the District of Columbia in which
17-35 he has been licensed for at least 2 consecutive years; and
17-36 (c)Complies with the provisions of subsection 2.
17-37 2. An applicant for a license issued by the board pursuant to
17-38 subsection 1 must submit to the board:
17-39 (a)A completed application on a form prescribed by the board;
17-40 (b)The fees prescribed by the board pursuant to section 25 of this
17-41 act;
17-42 (c)[The statement required pursuant to section 22 of this act;
17-43 (d)]A notarized statement signed by the applicant that states
17-44 whether any disciplinary proceedings relating to his license to practice
17-45 massage therapy have ever been instituted against him; and
17-46 [(e)] (d)A certification by the licensing entity in each state,
17-47 territory or possession of the United States or the District of Columbia
17-48 in which the applicant is or has been licensed to practice massage
18-1 therapy which states that no disciplinary proceedings relating to his
18-2 license to practice massage therapy are pending.
18-3 3. The board shall not issue a license pursuant to this section
18-4 unless the state, territory or possession of the United States or the
18-5 District of Columbia in which the applicant is licensed had
18-6 requirements at the time the license was issued that the board
18-7 determines are substantially equivalent to the requirements for a
18-8 license to practice massage therapy set forth in this chapter.
18-9 Sec. 42. Section 27 of this act is hereby amended to read as follows:
18-10 Sec. 27. 1. Each license to engage in the practice of massage
18-11 therapy expires on the last day of the month in which it was issued in
18-12 the next succeeding calendar year and may be renewed if, before the
18-13 license expires, the licensee submits to the board:
18-14 (a) A completed application for renewal on a form prescribed by
18-15 the board;
18-16 (b) Proof of his completion of the requirements for continuing
18-17 education prescribed by the board pursuant to section 14 of this act;
18-18 and
18-19 (c) The fee for the renewal of the license prescribed by the board
18-20 pursuant to section 25 of this act . [; and
18-21 (d) The statement required pursuant to section 22 of this act.]
18-22 2. A license that expires pursuant to the provisions of this section
18-23 may be restored if the applicant:
18-24 (a) Complies with the provisions of subsection 1;
18-25 (b) Submits to the board proof of his ability to engage in the
18-26 practice of massage therapy; and
18-27 (c) Submits to the board the fees prescribed by the board pursuant
18-28 to section 25 of this act for:
18-29 (1) The restoration of an expired license; and
18-30 (2) Each year that the license was expired, the renewal of a
18-31 license.
18-32 3. If the board determines that an applicant has not submitted
18-33 satisfactory proof of his ability to engage in the practice of massage
18-34 therapy, the board may require the applicant to pass:
18-35 (a) The written examination required by section 19 of this act; and
18-36 (b) Any practical examination prescribed by the board pursuant to
18-37 section 14 of this act.
18-38 4. The board shall send a notice of renewal to each licensee not
18-39 later than 60 days before his license expires. The notice must include
18-40 a statement of the provisions of this section and the amount of the fee
18-41 for the renewal of the license.
18-42 Sec. 43. 1. Notwithstanding the provisions of sections 2 to 33,
18-43 inclusive, of this act, the board of massage therapists shall issue a license
18-44 as a massage therapist to an applicant who:
18-45 (a) Is at least 18 years of age;
18-46 (b) Submits to the board before September 1, 2001:
18-47 (1) A completed application on a form prescribed by the board;
18-48 (2) The fees prescribed by the board pursuant to section 25 of this
18-49 act;
19-1 (3) Proof that he has:
19-2 (I) Successfully completed at least 500 hours of instruction in a
19-3 program of massage therapy described in section 19 of this act; or
19-4 (II) Been licensed as a massage therapist by a local government in
19-5 this state for a period of at least 12 consecutive months during the 3 years
19-6 immediately preceding July 1, 2001, and has performed at least 125 hours
19-7 of massage therapy as defined in section 5 of this act during that 12-month
19-8 period; and
19-9 (4) The statement required pursuant to section 22 of this act unless
19-10 after July 1, 2001, the provisions of 42 U.S.C. § 666 requiring each state to
19-11 establish procedures under which the state has authority to withhold or
19-12 suspend, or to restrict the use of professional, occupational and recreational
19-13 licenses of persons who:
19-14 (I) Have failed to comply with a subpoena or warrant relating to a
19-15 procedure to determine the paternity of a child or to establish or enforce an
19-16 obligation for the support of a child; or
19-17 (II) Are in arrears in the payment for the support of one or more
19-18 children,
19-19 are repealed by the Congress of the United States.
19-20 2. The board shall adopt regulations prescribing the requirements
19-21 concerning proof of compliance with the provisions of this section.
19-22 Sec. 44. As soon as practicable after July 1, 2001, the governor shall
19-23 appoint to the board of massage therapists:
19-24 1. One member whose term expires on June 30, 2002.
19-25 2. Two members whose terms expire on June 30, 2003.
19-26 3. Two members whose terms expire on June 30, 2004.
19-27 Sec. 45. Notwithstanding the provisions of sections 2 to 33, inclusive,
19-28 of this act, a person who engages in the practice of massage therapy as
19-29 defined in section 5 of this act is not required to be licensed pursuant to the
19-30 provisions of this act before January 1, 2002.
19-31 Sec. 46. 1. This section and sections 1 to 39, inclusive, 43, 44 and
19-32 45 of this act become effective on July 1, 2001.
19-33 2. Sections 40, 41 and 42 of this act become effective on the date on
19-34 which the provisions of 42 U.S.C. § 666 requiring each state to establish
19-35 procedures under which the state has authority to withhold or suspend, or
19-36 to restrict the use of professional, occupational and recreational licenses of
19-37 persons who:
19-38 (a) Have failed to comply with a subpoena or warrant relating to a
19-39 proceeding to determine the paternity of a child or to establish or enforce
19-40 an obligation for the support of a child; or
19-41 (b) Are in arrears in the payment for the support of one or more
19-42 children,
19-43 are repealed by the Congress of the United States.
19-44 3. Sections 21, 22 and 23 of this act expire by limitation on the date on
19-45 which the provisions of 42 U.S.C. § 666 requiring each state to establish
19-46 procedures under which the state has authority to withhold or suspend, or
19-47 to restrict the use of professional, occupational or recreational licenses of
19-48 persons who:
20-1 (a) Have failed to comply with a subpoena or warrant relating to a
20-2 proceeding to determine the paternity of a child or to establish or enforce
20-3 an obligation for the support of a child; or
20-4 (b) Are in arrears in the payment for the support of one or more
20-5 children,
20-6 are repealed by the Congress of the United States.
20-7 H