NAC640C.410. “Unethical or unprofessional conduct” interpreted.

     1. As used in subsection 9 of NRS 640C.700, the Board interprets the phrase “unethical or unprofessional conduct” to include, without limitation:

     (a) Offering to practice massage on a client in exchange for sexual favors.

     (b) Using health care information to contact a client for the purpose of engaging in a sexual activity with the client.

     (c) Using health care information or access to health care information to meet or attempt to meet the sexual needs of the massage therapist.

     2. When evaluating whether a massage therapist 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 and the client or former client;

     (b) The transfer of care of the client or former client from the massage therapist to another massage therapist;

     (c) The duration of the professional relationship between the massage therapist 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 were provided to the client or former client by the massage therapist;

     (e) The communication between the massage therapist and the client or former client after the last services related to the practice of massage therapy 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;

     (g) The nature of the health condition of the client or former client, if any, during the professional relationship between the massage therapist 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, if any, and the vulnerability of the client or former client; and

     (i) The standard cycle for revisiting a massage therapist as determined by the Board.

     (Added to NAC by Bd. of Massage Therapists by R009-07, eff. 6-17-2008)