S.B. 413
SENATE BILL NO. 413–SENATORS HARDY AND SPEARMAN
MARCH 21, 2019
____________
Referred to Committee on Judiciary
SUMMARY—Prohibits prostitution in the State of Nevada.
(BDR 20-110)
FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: Yes.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

AN ACT relating to prostitution; prohibiting the granting of a
license for a house of prostitution; eliminating an
exemption from criminal liability for prostitution
committed in a licensed house of prostitution; eliminating
exemptions from certain laws for licensed houses of
prostitution; providing penalties; and providing other
matters properly relating thereto.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22

Legislative Counsel’s Digest:
Existing law requires any natural person or entity that wishes to engage in
certain businesses, including the operation of a house of prostitution, in an area of
the state which is outside of an incorporated city to obtain a license from the
licensing board of the county. Existing law also prohibits the licensing board of a
county whose population is 700,000 or more (currently Clark County) from
granting a license for the purpose of operating a house of prostitution or any other
business that employs any person for the purpose of prostitution. (NRS 244.345)
Section 1 of this bill eliminates the population cap, which has the effect of
prohibiting a licensing board in any county from granting a license for a business to
operate in the unincorporated portion of the county. Section 7 of this bill prohibits
the city council or other governing body of each incorporated city from granting a
license for the purpose of operating a house of prostitution or any other business
that employs any person for the purpose of prostitution in the incorporated
portion of the county. Section 8 of this bill also eliminates the authority of the
boards of county commissioners, under existing law, to license, tax or regulate
houses of prostitution in unincorporated towns within their respective counties.
(NRS 269.175)
Existing law makes it unlawful for any person to engage in prostitution or
solicitation for prostitution, except in a licensed house of prostitution. (NRS
201.354) Section 2 of this bill eliminates the reference to licensed houses of
prostitution, which has the effect of rendering prostitution and solicitation for
prostitution a criminal offense throughout the State.

-

*SB413*

 –2–
23
24
25
26

Existing law establishes various exemptions from otherwise general laws to
take into account the presence of licensed houses of prostitution. (NRS 201.358,
201.430, 201.440, 202.2483, 640C.100) Sections 3-6 and 9 of this bill eliminate
those exemptions.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36

Section 1. NRS 244.345 is hereby amended to read as follows:
244.345 1. Every natural person wishing to be employed as
an entertainer for an entertainment by referral service and every
natural person, firm, association of persons or corporation wishing
to engage in the business of conducting a dancing hall, escort
service, entertainment by referral service or gambling game or
device permitted by law, outside of an incorporated city, must:
(a) Make application to the license board of the county in which
the employment or business is to be engaged in, for a county license
of the kind desired. The application must be in a form prescribed by
the regulations of the license board.
(b) File the application with the required license fee with the
county license collector, as provided in chapter 364 of NRS, who
shall present the application to the license board at its next regular
meeting.
 The board, in counties whose population is less than 700,000,
may refer the petition to the sheriff, who shall report upon it at the
following regular meeting of the board. In counties whose
population is 700,000 or more, the board shall refer the petition to
the metropolitan police department. The department shall conduct
an investigation relating to the petition and report its findings to the
board at the next regular meeting of the board. The board shall at
that meeting grant or refuse the license prayed for or enter any other
order consistent with its regulations. Except in the case of an
application for a license to conduct a gambling game or device, the
county license collector may grant a temporary permit to an
applicant, valid only until the next regular meeting of the board. In
unincorporated towns and cities governed pursuant to the provisions
of chapter 269 of NRS, the license board has the exclusive power to
license and regulate the employment and businesses mentioned in
this subsection.
2. The board of county commissioners, and in a county whose
population is less than 700,000, the sheriff of that county constitute
the license board, and the county clerk or other person designated by
the license board is the clerk thereof, in the respective counties of
this state.

-

*SB413*

 –3–
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44

3. The license board may, without further compensation to the
board or its clerk:
(a) Fix, impose and collect license fees upon the employment
and businesses mentioned in this section.
(b) Grant or deny applications for licenses and impose
conditions, limitations and restrictions upon the licensee.
(c) Adopt, amend and repeal regulations relating to licenses and
licensees.
(d) Restrict, revoke or suspend licenses for cause after hearing.
In an emergency the board may issue an order for immediate
suspension or limitation of a license, but the order must state the
reason for suspension or limitation and afford the licensee a hearing.
4. The license board shall hold a hearing before adopting
proposed regulations, before adopting amendments to regulations,
and before repealing regulations relating to the control or the
licensing of the employment or businesses mentioned in this section.
Notice of the hearing must be published in a newspaper published
and having general circulation in the county at least once a week for
2 weeks before the hearing.
5. Upon adoption of new regulations the board shall designate
their effective date, which may not be earlier than 15 days after their
adoption. Immediately after adoption a copy of any new regulations
must be available for public inspection during regular business
hours at the office of the county clerk.
6. Except as otherwise provided in NRS 241.0355, a majority
of the members constitutes a quorum for the transaction of business.
7. Any natural person, firm, association of persons or
corporation who engages in the employment of any of the
businesses mentioned in this section without first having obtained
the license and paid the license fee as provided in this section is
guilty of a misdemeanor.
8. [In a county whose population is 700,000 or more, the] A
license board shall not grant any license to a petitioner for the
purpose of operating a house of ill fame or repute or any other
business employing any person for the purpose of prostitution.
9. As used in this section:
(a) “Entertainer for an entertainment by referral service” means
a natural person who is sent or referred for a fee to a hotel or motel
room, home or other accommodation by an entertainment by referral
service for the purpose of entertaining the person located in the hotel
or motel room, home or other accommodation.
(b) “Entertainment by referral service” means a person or group
of persons who send or refer another person to a hotel or motel
room, home or other accommodation for a fee in response to a

-

*SB413*

 –4–
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45

telephone or other request for the purpose of entertaining the person
located in the hotel or motel room, home or other accommodation.
Sec. 2. NRS 201.354 is hereby amended to read as follows:
201.354 1. It is unlawful for any person to engage in
prostitution or solicitation therefor . [, except in a licensed house of
prostitution.]
2. A prostitute who violates subsection 1 is guilty of a
misdemeanor.
3. Except as otherwise provided in subsection 5, a customer
who violates subsection 1:
(a) For a first offense, is guilty of a misdemeanor and shall be
punished as provided in NRS 193.150, and by a fine of not less than
$400.
(b) For a second offense, is guilty of a gross misdemeanor and
shall be punished as provided in NRS 193.140, and by a fine of not
less than $800.
(c) For a third or subsequent offense, is guilty of a gross
misdemeanor and shall be punished as provided in NRS 193.140,
and by a fine of not less than $1,300.
4. In addition to any other penalty imposed, the court shall
order a person who violates subsection 3 to pay a civil penalty of not
less than $200 per offense. The civil penalty must be paid to the
district attorney or city attorney of the jurisdiction in which the
violation occurred. If the civil penalty imposed pursuant to this
subsection:
(a) Is not within the person’s present ability to pay, in lieu of
paying the penalty, the court may allow the person to perform
community service for a reasonable number of hours, the value of
which would be commensurate with the civil penalty.
(b) Is not entirely within the person’s present ability to pay, in
lieu of paying the entire civil penalty, the court may allow the
person to perform community service for a reasonable number of
hours, the value of which would be commensurate with the amount
of the reduction of the civil penalty.
5. A customer who violates subsection 1 by soliciting a child
for prostitution:
(a) For a first offense, is guilty of a category E felony and shall
be punished as provided in NRS 193.130, and by a fine of not more
than $5,000.
(b) For a second offense, is guilty of a category D felony and
shall be punished as provided in NRS 193.130.
(c) For a third or subsequent offense, is guilty of a category C
felony and shall be punished as provided in NRS 193.130. The court
shall not grant probation to or suspend the sentence of a person
punished pursuant to this paragraph.

-

*SB413*

 –5–
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45

6. Any civil penalty collected by a district attorney or city
attorney pursuant to subsection 4 must be deposited in the county or
city treasury, as applicable, to be used for:
(a) The enforcement of this section; and
(b) Programs of treatment for persons who solicit prostitution
which are certified by the Division of Public and Behavioral Health
of the Department of Health and Human Services.
 Not less than 50 percent of the money deposited in the county or
city treasury, as applicable, pursuant to this subsection must be used
for the enforcement of this section.
7. If a person who violates subsection 1 is ordered pursuant to
NRS 4.373 or 5.055 to participate in a program for the treatment of
persons who solicit prostitution, upon fulfillment of the terms and
conditions of the program, the court may discharge the person and
dismiss the proceedings against the person. If the court discharges
the person and dismisses the proceedings against the person, a
nonpublic record of the discharge and dismissal must be transmitted
to and retained by the Division of Parole and Probation of the
Department of Public Safety solely for the use of the courts in
determining whether, in later proceedings, the person qualifies
under this section for participation in a program of treatment for
persons who solicit prostitution. Except as otherwise provided in
this subsection, discharge and dismissal under this subsection is
without adjudication of guilt and is not a conviction for purposes of
employment, civil rights or any statute or regulation or license or
questionnaire or for any other public or private purpose, but is a
conviction for the purpose of additional penalties imposed for a
second or subsequent conviction or the setting of bail. Discharge
and dismissal restores the person discharged, in the contemplation
of the law, to the status occupied before the proceedings. The person
may not be held thereafter under any law to be guilty of perjury or
otherwise giving a false statement by reason of failure to recite or
acknowledge the proceedings in response to an inquiry made of the
person for any purpose. Discharge and dismissal under this
subsection may occur only once with respect to any person. A
professional licensing board may consider a proceeding under this
subsection in determining suitability for a license or liability to
discipline for misconduct. Such a board is entitled for those
purposes to a truthful answer from the applicant or licensee
concerning any such proceeding with respect to the applicant or
licensee.
8. Except as limited by subsection 9, if a person is discharged
and the proceedings against the person are dismissed pursuant to
subsection 7, the court shall, without a hearing, order sealed all
documents, papers and exhibits in that person’s record, minute book

-

*SB413*

 –6–
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45

entries and entries on dockets, and other documents relating to the
case in the custody of such other agencies and officers as are named
in the court’s order. The court shall cause a copy of the order to be
sent to each agency or officer named in the order. Each such agency
or officer shall notify the court in writing of its compliance with the
order.
9. A professional licensing board is entitled, for the purpose of
determining suitability for a license or liability to discipline for
misconduct, to inspect and to copy from a record sealed pursuant to
this section.
Sec. 3. NRS 201.358 is hereby amended to read as follows:
201.358 1. A person who [:
(a) Violates] violates NRS 201.354 [; or
(b) Works as a prostitute in a licensed house of prostitution,
] after testing positive in a test approved by the State Board of
Health for exposure to the human immunodeficiency virus and
receiving notice of that fact is guilty of a category B felony and shall
be punished by imprisonment in the state prison for a minimum
term of not less than 2 years and a maximum term of not more than
10 years, or by a fine of not more than $10,000, or by both fine and
imprisonment.
2. As used in this section, “notice” means:
(a) Actual notice; or
(b) Notice received pursuant to NRS 201.356.
Sec. 4. NRS 201.430 is hereby amended to read as follows:
201.430 1. It is unlawful for any person engaged in conduct
which is unlawful pursuant to paragraph (b) of subsection 1 of NRS
207.030, or any owner, operator, agent or employee of a house of
prostitution, or anyone acting on behalf of any such person, to
advertise the unlawful conduct or any house of prostitution . [:
(a) In any public theater, on the public streets of any city or
town, or on any public highway; or
(b) In any county, city or town where prostitution is prohibited
by local ordinance or where the licensing of a house of prostitution
is prohibited by state statute.]
2. It is unlawful for any person knowingly to prepare or print
an advertisement concerning a house of prostitution [not licensed for
that purpose pursuant to NRS 244.345,] or conduct which is
unlawful pursuant to paragraph (b) of subsection 1 of NRS 207.030
. [, in any county, city or town where prostitution is prohibited by
local ordinance or where the licensing of a house of prostitution is
prohibited by state statute.]
3. Inclusion in any display, handbill or publication of the
address, location or telephone number of a house of prostitution or
of identification of a means of transportation to such a house, or of

-

*SB413*

 –7–
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45

directions telling how to obtain any such information, constitutes
prima facie evidence of advertising for the purposes of this section.
4. Any person, company, association or corporation violating
the provisions of this section shall be punished:
(a) For the first violation within a 3-year period, by
imprisonment in the county jail for not more than 6 months, or by a
fine of not more than $1,000, or by both fine and imprisonment.
(b) For a second violation within a 3-year period, by
imprisonment in the county jail for not less than 30 days nor more
than 6 months, and by a fine of not less than $250 nor more than
$1,000.
(c) For a third or subsequent violation within a 3-year period, by
imprisonment in the county jail for 6 months and by a fine of not
less than $250 nor more than $1,000.
Sec. 5. NRS 201.440 is hereby amended to read as follows:
201.440 1. [In any county, city or town where prostitution is
prohibited by local ordinance or where the licensing of a house of
prostitution is prohibited by state statute, it] It is unlawful for any
person, company, association or corporation knowingly to allow any
person engaged in conduct which is unlawful pursuant to paragraph
(b) of subsection 1 of NRS 207.030, or any owner, operator, agent
or employee of a house of prostitution, or anyone acting on behalf of
any such person, to advertise a house of prostitution in his or her
place of business.
2. Any person, company, association or corporation that
violates the provisions of this section shall be punished:
(a) For the first violation within a 3-year period, by
imprisonment in the county jail for not more than 6 months, or by a
fine of not more than $1,000, or by both fine and imprisonment.
(b) For a second violation within a 3-year period, by
imprisonment in the county jail for not less than 30 days nor more
than 6 months, and by a fine of not less than $250 nor more than
$1,000.
(c) For a third or subsequent violation within a 3-year period, by
imprisonment in the county jail for 6 months and by a fine of not
less than $250 nor more than $1,000.
Sec. 6. NRS 202.2483 is hereby amended to read as follows:
202.2483 1. Except as otherwise provided in subsection 3,
smoking tobacco in any form is prohibited within indoor places of
employment including, but not limited to, the following:
(a) Child care facilities;
(b) Movie theatres;
(c) Video arcades;
(d) Government buildings and public places;
(e) Malls and retail establishments;

-

*SB413*

 –8–
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45

(f) All areas of grocery stores; and
(g) All indoor areas within restaurants.
2. Without exception, smoking tobacco in any form is
prohibited within school buildings and on school property.
3. Smoking tobacco is not prohibited in:
(a) Areas within casinos where loitering by minors is already
prohibited by state law pursuant to NRS 463.350;
(b) Completely enclosed areas with stand-alone bars, taverns
and saloons in which patrons under 21 years of age are prohibited
from entering;
(c) Age-restricted stand-alone bars, taverns and saloons;
(d) Strip clubs ; [or brothels;]
(e) Retail tobacco stores;
(f) The area of a convention facility in which a meeting or trade
show is being held, during the time the meeting or trade show is
occurring, if the meeting or trade show:
(1) Is not open to the public;
(2) Is being produced or organized by a business relating to
tobacco or a professional association for convenience stores; and
(3) Involves the display of tobacco products; and
(g) Private residences, including private residences which may
serve as an office workplace, except if used as a child care, an adult
day care or a health care facility.
4. A supervisor on duty or employee of an age-restricted standalone bar, tavern or saloon or a stand-alone bar, tavern or saloon
shall not allow a person who is under 21 years of age to loiter in an
age-restricted stand-alone bar, tavern or saloon or an area of a standalone bar, tavern or saloon where smoking is allowed pursuant to
this section. A person who violates the provisions of this subsection
is guilty of a misdemeanor.
5. If a supervisor on duty or employee of an age-restricted
stand-alone bar, tavern or saloon or a stand-alone bar, tavern or
saloon violates the provisions of subsection 4, the age-restricted
stand-alone bar, tavern or saloon or stand-alone bar, tavern or saloon
is liable for a civil penalty of:
(a) For the first offense, $1,000.
(b) For a second or subsequent offense, $2,000.
6. In any prosecution or other proceeding for a violation of the
provisions of subsection 4 or 5, it is no excuse for a supervisor,
employee, age-restricted bar, tavern or saloon, or stand-alone bar,
tavern or saloon alleged to have committed the violation to plead
that a supervisor or employee believed that the person who was
permitted to loiter was 21 years of age or older.
7. In areas or establishments where smoking is not prohibited
by this section, nothing in state law shall be construed to prohibit

-

*SB413*

 –9–
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45

the owners of said establishments from voluntarily creating
nonsmoking sections or designating the entire establishment as
smoke free.
8. Nothing in state law shall be construed to restrict local
control or otherwise prohibit a county, city or town from adopting
and enforcing local tobacco control measures that meet or exceed
the minimum applicable standards set forth in this section.
9. “No Smoking” signs or the international “No Smoking”
symbol shall be clearly and conspicuously posted in every public
place and place of employment where smoking is prohibited by this
section. Each public place and place of employment where smoking
is prohibited shall post, at every entrance, a conspicuous sign clearly
stating that smoking is prohibited. All ashtrays and other smoking
paraphernalia shall be removed from any area where smoking is
prohibited.
10. Health authorities, police officers of cities or towns,
sheriffs and their deputies shall, within their respective jurisdictions,
enforce the provisions of this section and shall issue citations for
violations of this section pursuant to NRS 202.2492 and 202.24925.
11. No person or employer shall retaliate against an employee,
applicant or customer for exercising any rights afforded by, or
attempts to prosecute a violation of, this section.
12. For the purposes of this section, the following terms have
the following definitions:
(a) “Age-restricted stand-alone bar, tavern or saloon” means an
establishment:
(1) Devoted primarily to the sale of alcoholic beverages to be
consumed on the premises;
(2) In which food service or sales may or may not be
incidental food service or sales, in the discretion of the operator of
the establishment;
(3) In which patrons under 21 years of age are prohibited at
all times from entering the premises; and
(4) That must be located within:
(I) A physically independent building that does not share
a common entryway or indoor area with a restaurant, public place or
any other indoor workplace where smoking is prohibited by this
section; or
(II) A completely enclosed area of a larger structure,
which may include, without limitation, a strip mall or an airport,
provided that indoor windows must remain closed at all times and
doors must remain closed when not actively in use.
(b) “Casino” means an entity that contains a building or large
room devoted to gambling games or wagering on a variety of
events. A casino must possess a nonrestricted gaming license as

-

*SB413*

 – 10 –
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44

described in NRS 463.0177 and typically uses the word ‘casino’ as
part of its proper name.
(c) “Child care facility” has the meaning ascribed to it in
NRS 441A.030.
(d) “Completely enclosed area” means an area that is enclosed
on all sides by any combination of solid walls, windows or doors
that extend from the floor to the ceiling.
(e) “Government building” means any building or office space
owned or occupied by:
(1) Any component of the Nevada System of Higher
Education and used for any purpose related to the System;
(2) The State of Nevada and used for any public purpose; or
(3) Any county, city, school district or other political
subdivision of the State and used for any public purpose.
(f) “Health authority” has the meaning ascribed to it in
NRS 202.2485.
(g) “Incidental food service or sales” means the service of
prepackaged food items including, but not limited to, peanuts,
popcorn, chips, pretzels or any other incidental food items that are
exempt from food licensing requirements pursuant to subsection 2
of NRS 446.870.
(h) “Place of employment” means any enclosed area under the
control of a public or private employer which employees frequent
during the course of employment including, but not limited to, work
areas, restrooms, hallways, employee lounges, cafeterias, conference
and meeting rooms, lobbies and reception areas.
(i) “Public places” means any enclosed areas to which the public
is invited or in which the public is permitted.
(j) “Restaurant” means a business which gives or offers for sale
food, with or without alcoholic beverages, to the public, guests or
employees, as well as kitchens and catering facilities in which food
is prepared on the premises for serving elsewhere.
(k) “Retail tobacco store” means a retail store utilized primarily
for the sale of tobacco products and accessories and in which the
sale of other products is merely incidental.
(l) “School building” means all buildings on the grounds of any
public school described in NRS 388.020 and any private school as
defined in NRS 394.103.
(m) “School property” means the grounds of any public school
described in NRS 388.020 and any private school as defined in
NRS 394.103.
(n) “Stand-alone bar, tavern or saloon” means an establishment:
(1) Devoted primarily to the sale of alcoholic beverages to be
consumed on the premises;

-

*SB413*

 – 11 –
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45

(2) In which food service or sales may or may not be
incidental food service or sales, in the discretion of the operator of
the establishment;
(3) In which smoke from such establishments does not
infiltrate into areas where smoking is prohibited under the
provisions of this section; and
(4) That must be housed in either:
(I) A physically independent building that does not share
a common entryway or indoor area with a restaurant, public place or
any other indoor workplaces where smoking is prohibited by this
section; or
(II) A completely enclosed area of a larger structure, such
as a strip mall or an airport, provided that indoor windows must
remain shut at all times and doors must remain closed when not
actively in use.
(o) “Video arcade” has the meaning ascribed to it in paragraph
(d) of subsection 3 of NRS 453.3345.
13. Any statute or regulation inconsistent with this section is
null and void.
14. The provisions of this section are severable. If any
provision of this section or the application thereof is declared by a
court of competent jurisdiction to be invalid or unconstitutional,
such declaration shall not affect the validity of the section as a
whole or any provision thereof other than the part declared to be
invalid or unconstitutional.
Sec. 7. Chapter 268 of NRS is hereby amended by adding
thereto a new section to read as follows:
A city council or other governing body of an incorporated city
in this State, whether organized under general law or special
charter, shall not grant a license to any person for the purpose of
operating a house of ill fame or repute or any other business
employing any person for the purpose of prostitution.
Sec. 8. NRS 269.175 is hereby amended to read as follows:
269.175 Except as otherwise provided in NRS 576.128, the
boards of county commissioners may in any unincorporated town in
their respective counties license, tax, regulate, prohibit and suppress
all tippling houses, dramshops, public card tables, raffles, hawkers,
peddlers, pawnbrokers, and gambling houses . [, disorderly houses
and houses of ill fame.]
Sec. 9. NRS 640C.100 is hereby amended to read as follows:
640C.100 1. The provisions of this chapter do not apply to:
(a) A person licensed pursuant to chapter 630, 630A, 631, 632,
633, 634, 634A, 635, 640, 640A or 640B of NRS if the massage
therapy, reflexology or structural integration is performed in the
course of the practice for which the person is licensed.

-

*SB413*

 – 12 –
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43

(b) A person licensed as a barber or apprentice pursuant to
chapter 643 of NRS if the person is massaging, cleansing or
stimulating the scalp, face, neck or skin within the permissible scope
of practice for a barber or apprentice pursuant to that chapter.
(c) A person licensed or registered as an esthetician,
esthetician’s apprentice, hair designer, hair designer’s apprentice,
hair
braider,
shampoo
technologist,
cosmetologist
or
cosmetologist’s apprentice pursuant to chapter 644A of NRS if the
person is massaging, cleansing or stimulating the scalp, face, neck
or skin within the permissible scope of practice for an esthetician,
esthetician’s apprentice, hair designer, hair designer’s apprentice,
hair
braider,
shampoo
technologist,
cosmetologist
or
cosmetologist’s apprentice pursuant to that chapter.
(d) A person licensed or registered as a nail technologist or nail
technologist’s apprentice pursuant to chapter 644A of NRS if the
person is massaging, cleansing or stimulating the hands, forearms,
feet or lower legs within the permissible scope of practice for a nail
technologist or nail technologist’s apprentice.
(e) A person who is an employee of an athletic department of
any high school, college or university in this State and who, within
the scope of that employment, practices massage therapy,
reflexology or structural integration on athletes.
(f) Students enrolled in a school of massage therapy, reflexology
or structural integration recognized by the Board.
(g) A person who practices massage therapy, reflexology or
structural integration solely on members of his or her immediate
family.
[(h) A person who performs any activity in a licensed brothel.]
2. Except as otherwise provided in subsection 3 and NRS
640C.330, the provisions of this chapter preempt the licensure and
regulation of a massage therapist, reflexologist or structural
integration practitioner by a county, city or town, including, without
limitation, conducting a criminal background investigation and
examination of a massage therapist, reflexologist or structural
integration practitioner or applicant for a license to practice massage
therapy, reflexology or structural integration.
3. The provisions of this chapter do not prohibit a county, city
or town from requiring a massage therapist, reflexologist or
structural integration practitioner to obtain a license or permit to
transact business within the jurisdiction of the county, city or town,
if the license or permit is required of other persons, regardless of
occupation or profession, who transact business within the
jurisdiction of the county, city or town.

-

*SB413*

 – 13 –
1
2
3
4
5
6
7
8
9

4. As used in this section, “immediate family” means persons
who are related by blood, adoption or marriage, within the second
degree of consanguinity or affinity.
Sec. 10. This act becomes effective:
1. Upon passage and approval for the purpose of adopting any
regulations, enacting, revising or repealing any local ordinance and
performing any other preparatory administrative tasks that are
necessary to carry out the provisions of this act; and
2. On January 1, 2020, for all other purposes.
H

-

*SB413*