Nevada Administrative Code|Section 640C.400 - "Sexual activity" interpreted

                                                
 640C.400. "Sexual activity" interpreted 
 
As used in subsection 4 of NRS 640C.700, as amended by section 29 of Assembly Bill No. 179, chapter 275, Statutes of Nevada 2017, at page 1462, the Board interprets the phrase "sexual activity" to include, without limitation:
 
1. Sexual intercourse;
 
2. Examining or touching the genitals, anus or any sexualized body part except as otherwise provided in subsection 4 of NRS 640C.700, as amended by section 29 of Assembly Bill No. 179, chapter 275, Statutes of Nevada 2017, at page 1462;
 
3. Rubbing against a client for sexual gratification;
 
4. Kissing;
 
5. Hugging, touching, fondling or caressing of a romantic or sexual nature;
 
6. Not allowing a client privacy to dress or undress except as may be necessary in a medical emergency or custodial situation;
 
7. Not providing a client a gown or draping except as may be necessary in a medical emergency;
 
8. Removing the client's clothing or gown or draping without consent, except as may be necessary in a medical emergency or in a custodial setting;
 
9. Encouraging masturbation or any other sex act in the presence of the massage therapist, reflexologist or structural integration practitioner;
 
10. Dressing or undressing in the presence of the client;
 
11. Masturbation or any other sex act by the massage therapist, reflexologist or structural integration practitioner in the presence of the client;
 
12. Suggesting or discussing the possibility of dating or beginning a sexual or romantic relationship before the professional relationship ends;
 
13. Terminating the professional relationship with the client for the purpose of dating or pursuing a romantic or sexual relationship;
 
14. Discussing the sexual history, preference or fantasies of the massage therapist, reflexologist or structural integration practitioner;
 
15. Any behavior, gesture or expression that may reasonably be interpreted as seductive or sexual;
 
16. Making statements regarding the client's body, appearance, sexual history or sexual orientation other than for legitimate health care purposes;
 
17. Sexually demeaning behavior including any verbal or physical contact which may reasonably be interpreted as demeaning, humiliating, embarrassing, threatening or harming a client;
 
18. Photographing or filming the body or any body part of a client other than for legitimate health care purposes; and
 
19. Showing a client sexually explicit photographs other than for legitimate health care purposes.
 
Added to NAC by Bd. of Massage Therapists by R009-07, eff. 6-17-2008; A by R108-17AP, eff. 2-27-2018
 
NRS 640C.320, as amended by section 19 of Assembly Bill No. 179, chapter 275, Statutes of Nevada 2017, at page 1455