NOTE: This legislation was originally
signed into law by Governor James B. Hunt
on November 6, 1998, and was amended in
2003 and 2005 and 2008 and 2017 and 2019
NORTH CAROLINA GENERAL STATUTES
ARTICLE
36
Massage
and Bodywork Therapy Practice
This Article
shall be known as the North Carolina Massage and Bodywork Therapy Practice Act.
§ 90-621. Declaration of purpose.
The purpose of
this Article is to ensure the protection of the health, safety, and welfare of
the citizens of this State receiving massage and bodywork therapy
services. This purpose is achieved by:
(1)
Establishing education and testing
standards that ensure competency in the practice of massage and bodywork
therapy. Mandatory licensure of those
engaged in the practice of massage and bodywork therapy assures the public that
each individual has satisfactorily met the standards of the profession and continues
to meet both the ethical and competency goals of the profession.
(2)
Establishing standards for
establishments that provide massage and bodywork therapy services. Mandatory licensure of those who own or
operate massage and bodywork therapy establishments assures the public that
these establishments provide legal, professional services and employ licensed
massage and bodywork therapists who have satisfactorily met the standards of
the profession and continue to meet both the ethical and competency goals of
the profession.
The following
definitions apply in this Article:
(1)
Accreditation. Status
granted to a postsecondary institution of higher learning that has
met standards set by an accrediting agency recognized by the
Secretary of the United
States Department of
Education. The accreditation for massage
and bodywork therapy
schools may be
institutional or programmatic in nature.
(1a)
Board. The North Carolina Board of Massage and
Bodywork Therapy.
(2)
Board-approved school. Any massage and bodywork therapy school or
training
program in this State or another state that is not otherwise
exempt from Board approval, that has met the standards set forth in this
Article, and been granted approval by the Board.
(2a) Business name. The name under which the owner applies for
the establishment license to provide massage therapy, if different from the
name of the owner.
(2b) Criminal history record check. A report resulting from a request made by
the Board to
the North Carolina Department of Justice for a history of
conviction of a crime, whether a misdemeanor or felony, that bears on an
applicants fitness for licensure to practice massage and bodywork therapy.
(3) Massage and bodywork therapy. Systems of activity applied to the soft
tissues of the
human body for therapeutic, educational, or relaxation
purposes. The application may include:
a. Pressure,
friction, stroking, rocking, kneading, percussion, or passive or active
stretching within the normal anatomical range of movement.
b. Complementary
methods, including the external application of water, heat, cold, lubricants,
and other topical preparations.
c. The use of
mechanical devices that mimic or enhance actions that may possibly be done by
the hands.
(3a) Massage
and bodywork therapy establishment. Any
duly licensed site or premises in which massage and bodywork therapy is
practiced. This term does not include
any of the following:
a.
On-site massage performed at the
location of the customer.
b.
Stand-alone devices, such as chairs,
that are operated by the customer.
c.
Establishments located within the
confines of a hospital, nursing home, or other similar establishment or
facility licensed or otherwise regulated by the Department of Health and Human
Services.
d.
Massage and bodywork therapy provided
by a sole practitioner.
e.
A student clinic operated by a
Board-approved school or a massage and bodywork therapy program offered by
community colleges in North Carolina that are accredited by the Southern
Association of Colleges and Schools or massage and bodywork therapy programs
offered by a degree or diploma granting college or university accredited by any
accrediting agency that is recognized by the United States Department of
Education and licensed by the North Carolina Community College System or The
University of North Carolina Board of Governors or exempt from such licensure
pursuant to G.S. 116-15(c).
f.
Chiropractic physician offices that
provide massage and bodywork therapy only by massage and bodywork therapists
currently licensed in North Carolina.
(3b) Massage
and bodywork therapy school. Any
educational institution that conducts a
training program or curriculum
for a tuition charge, which is intended to teach adults the
knowledge, skills, and abilities necessary for the safe, effective, and
ethical practice of
massage and bodywork therapy.
(4) Massage
and bodywork therapist. A person
licensed under this Article.
(4a) Owner. The person, sole proprietor, partnership,
limited partnership, or corporation that operates the massage and bodywork
therapy establishment.
(5) Practice
of massage and bodywork therapy. The
application of massage and bodywork therapy to any person for a fee or other
consideration.
(6) Sole
practitioner. A single licensed
massage and bodywork therapist offering massage or bodywork therapy services
from a space the licensed massage and bodywork therapist controls and from
which only the licensed massage and bodywork therapist offers and provides the
services.
§ 90-623. License
to Practice required.
(a) A person shall not practice or hold out
himself or herself to others as a massage and
bodywork therapist
without first applying for and receiving from the Board a license to engage in
that
practice.
(b) A person holds out himself or herself to
others as a massage and bodywork therapist
when the person adopts or uses any title or description
including massage therapist bodywork
therapist, masseur, masseuse, massagist, somatic
practitioner, body therapist, structural
integrator, or any derivation of those terms that implies
this practice.
(c) It shall be unlawful to advertise using the
term massage therapist or bodywork
therapist or any other term that implies a soft tissue
technique or method in any public or private
publication or communication by a person not licensed under
this Article as a massage and bodywork
therapist. Any person who holds a license to practice as a
massage and bodywork therapist in this State
may use the title Licensed Massage and Bodywork Therapist.
No other person shall assume this title or
use an abbreviation or any other words, letters, signs, or
figures to indicate that the person using the title
is a licensed massage and bodywork therapist. An
establishment employing or contracting with persons
licensed under this Article may advertise on behalf of those
persons.
(d) The practice of massage and bodywork therapy
shall not include any of the following:
(1) The
diagnosis of illness or disease.
(2)
Medical procedures,
chiropractic adjustive procedures, electrical stimulation,
ultrasound, or prescription of
medicines.
(3) The
use of modalities for which a license to practice medicine, chiropractic,
nursing,
physical therapy, occupational therapy, acupuncture, or podiatry is
required by law.
(4) Sexual activity, which shall mean any direct
or indirect physical contact, by any person or
between
persons, which is intended to erotically stimulate either person, or which is
likely
to cause
such stimulation and includes sexual intercourse, fellatio, cunnilingus,
masturbation, or anal intercourse.
As used in this subdivision, masturbation means the
manipulation of any body tissue with the intent to cause sexual
arousal. Sexual activity
can
involve the use of any device or object and is not dependent on whether
penetration,
orgasm,
or ejaculation has occurred.
§ 90-624.
Activities not Requiring a License to Practice.
Nothing in this
Article shall be construed to prohibit or affect:
(1) The practice
of a profession by persons who are licensed, certified, or registered under
other laws of this State and who are performing services within their
authorized scope of practice.
(2) The practice
of massage and bodywork therapy by a person employed by the government of the
United States while the person is engaged in the performance of duties
prescribed by the laws and regulations of the United States.
(3) The practice
of massage and bodywork therapy by persons duly licensed, registered, or
certified in another state, territory, the District of Columbia, or a foreign
country when incidentally called into this State to teach a course related to
massage and bodywork therapy or to consult with a person licensed under this
Article.
(4) Students
enrolled in a Board-approved school while completing a clinical requirement for
graduation that shall be performed under the supervision of a person licensed
under this Article.
(5) A person
giving massage and bodywork therapy to members of that person's immediate
family.
(6) The practice
of movement educators such as dance therapists or teachers, yoga teachers,
personal trainers, martial arts instructors, movement repatterning
practitioners, and
(7)
The practice of techniques that are
specifically intended to affect human energy field.
(8)
A person employed by or contracting with a
not-for-profit community service organization
to perform
massage and bodywork therapy on persons who are members of the not-for-
profit
community service organization and are of the same gender as the person giving
the
massage or
bodywork therapy.
§ 90-625.
(a) The North Carolina Board of Massage and
Bodywork Therapy is created. The Board shall consist of eight members who are
residents of this State and are as follows:
(1) Five members
shall be massage and bodywork therapists who have been licensed under this
Article and have been in the practice of massage and bodywork therapy for at
least five of the last seven years prior to their serving on the Board. Consideration shall be given to geographical
distribution, practice setting, clinical specialty, involvement in massage and
bodywork therapy education, and other factors that will promote diversity of
the profession on the Board. Two of the five members shall be appointed by the
General Assembly, upon the recommendation of the Speaker of the House of
Representatives, two shall be appointed by the General Assembly, upon the
recommendation of the President Pro Tempore of the Senate, and one shall be
appointed by the Governor.
(2) One member
shall be a physician licensed pursuant to Article 1 of Chapter 90 of the
General Statutes or a person once licensed as a physician whose license lapsed
while the person was in good standing with the profession and eligible for
licensure. The appointment shall be made
by the Governor and may be made from a list provided by the North Carolina
Medical Society.
(3) One member
shall be a member of the general public who shall not be licensed under Chapter
90 of the General Statutes or the spouse of a person who is so licensed, or
have any financial interest, directly or indirectly, in the profession
regulated under this Article. The appointment shall be made by the Governor.
(4) One member shall
be an individual who is currently licensed to operate a massage and bodywork
therapy establishment under this Article.
The appointment shall be made by the Governor.
(b) Legislative appointments shall be made in
accordance with G.S. 120-121. A vacancy in a legislative appointment shall be
filled in accordance with G.S. 120-122.
(c) Each member of the Board shall serve for a
term of three years, ending on June 30 of the last year of the term. A member
shall not be appointed to serve more than two consecutive terms.
(d) The Board shall elect annually a chair and
other officers as it deems necessary. The Board shall meet as often as
necessary for the conduct of business but no less than twice a year. The Board
shall establish procedures governing the calling, holding, and conducting of
regular and special meetings. A majority of the Board shall constitute a
quorum.
(e) Each member of the Board may receive per diem
and reimbursement for travel and subsistence as set forth in G.S. 93B-5.
(f) Members may be removed by the official who
appointed the member for neglect of duty, incompetence, or unprofessional
conduct. A member subject to disciplinary proceedings as a licensee or other
professional credential shall be disqualified from participating in the
official business of the Board until the charges have been resolved by a
determination that the misconduct does not rise to the level of disciplinary
action resulting in the suspension or revocation of the members professional
credential.
(g) The current terms of the two members of the
Board appointed by the General Assembly upon the recommendation of the
President Pro Tempore of the Senate are each extended to a total period of five
years, ending on June 30 of the last year of each extended term. Upon the completion of these five-year terms,
all future members of the Board shall serve three-year terms, as provided in
G.S. 90-625 (c).
The Board shall
have the following powers and duties:
(1) Represent
the diversity within the profession at all times when making decisions and stay
current and informed regarding the various branches of massage and bodywork
therapy practice.
(2) Evaluate the
qualifications of applicants for licensure under this Article.
(3) Issue,
renew, deny, suspend, or revoke licenses under this Article.
(4) Reprimand or
otherwise discipline licensees under this Article.
(5) Conduct
investigations to determine whether violations of this Article exist or
constitute grounds for disciplinary action against licensees under this
Article.
(5a) Approve and
regulate massage and bodywork therapy schools, not otherwise exempt from the
requirements of Board approval, by formulating the criteria and standards for
approval of massage and bodywork therapy schools, investigating massage and
bodywork therapy schools applying for approval, issuing approvals to massage
and bodywork therapy schools that meet the standards established by the Board,
providing periodic inspections of approved massage and bodywork schools, and
requiring periodic reports of approved massage and bodywork therapy schools.
(6) Conduct
administrative hearings in accordance with Chapter 150B of the General Statutes
when a contested case, as defined in G.S. 150B-2(2), arises under this Article.
(7) Employ
professional, clerical, or other special personnel necessary to carry out the
provisions of this Article and purchase or rent necessary office space,
equipment, and supplies.
(8) Pursuant to
the maximum amounts set by this Article and other specific authority authorizing
fees, establish reasonable fees for applications for examination, certificates
of licensure and renewal, approval of massage and bodywork therapy schools, and
other services provided by the Board.
(9) Adopt,
amend, or repeal any of the following rules:
a. Rules necessary to carry out the
purposes of this Article.
b. Rules necessary to carry out the duties
and responsibilities of the Board, including the following:
1. Rules related to the approval of
massage and bodywork therapy schools, continuing education providers,
examinations for licensure, and the practice of advanced techniques or
specialties. Any rules adopted or
amended shall take into account the educational standards of national bodywork
and massage therapy associations and professional organizations.
2. Rules related to massage and bodywork
therapy establishments.
(10) Appoint from
its own membership one or more members to act as representatives of the Board
at any meeting where such representation is deemed desirable.
(11) Maintain a
record of all proceedings and make available to certificate holders and other
concerned parties an annual report of the Board.
(12) Adopt a seal
containing the name of the Board for use on all certificates and official
reports issued by it.
(13) Provide a
system for grievances to be presented and resolved.
(14) Assess civil penalties pursuant to G.S.
90-634.1.
(15) Assess the costs of disciplinary actions
pursuant to G.S. 90-634.1(d).
The
powers and duties set out in this section are granted for the purpose of
enabling the Board to safeguard the public health, safety, and welfare against
unqualified or incompetent practitioners and are to be liberally construed to accomplish
this objective.
§ 90-627. Custody and use of
funds.
All fees and
other moneys collected and received by the Board shall be used for the purposes
of implementing this Article.
(a) All salaries, compensation, and expenses
incurred or allowed for the purposes of this Article shall be paid by the Board
exclusively out of the fees received by the Board as authorized by this Article
or from funds received from other sources. In no case shall any salary,
expense, or other obligations of the Board be charged against the General Fund.
(b) The Board may impose the following fees up to
the amounts listed below for a license to practice massage and bodywork therapy:
(1) Application
for license $20.00
(2) Initial
license fee 150.00
(3) License
renewal 100.00
(4) Late renewal
penalty 75.00
(5) Duplicate
license 25.00
§ 90-629. Requirements for
licensure to
practice
Upon application
to the Board and the payment of the required fees, an applicant may be licensed
as a massage and bodywork therapist if the applicant meets all of the following
qualifications:
(1) Has obtained
a high school diploma or equivalent.
(2) Is 18 years
of age or older.
(3) Is of good
moral character as determined by the Board.
(4) Has
successfully completed a training program consisting of a minimum of 500
in-class hours of supervised instruction at a Board-approved school.
(5) Has passed a
competency assessment examination that meets generally accepted psychometric
principles and standards and is approved by the Board.
(6) Has
submitted fingerprint cards in a form acceptable to the Board at the time the
license application is filed and consented to a criminal history record check
by the North Carolina Department of Justice.
(7) Demonstrates
satisfactory proof of proficiency in the English language.
(a) All applicants for licensure to practice
massage and bodywork therapy or to operate a massage and bodywork therapy
establishment shall consent to a criminal history record check. Refusal to consent to a criminal history
record check may constitute grounds for the Board to deny licensure to an
applicant. The Board shall ensure that
the state and national criminal history of an applicant is checked. The Board shall be responsible for providing
to the North Carolina Department of Justice the fingerprints of the applicant
to be checked, a form signed by the applicant consenting to the criminal record
check and the use of fingerprints and other identifying information required by
the State or National Repositories, and any additional information required by
the Department of Justice. The Board
shall keep all information obtained pursuant to this section confidential.
(b) The cost of the criminal
history record check and the fingerprinting shall be borne by the applicant.
(c) If an applicants criminal
history record check reveals one or more criminal convictions, the conviction
shall not automatically bar licensure.
The Board shall consider all of the following factors regarding the
conviction:
(1) The
level of seriousness of the crime.
(2) The
date of the crime.
(3) The
age of the person at the time of the conviction.
(4) The
circumstances surrounding the commission of the crime, if known.
(5)
The nexus between the criminal
conduct of the person and the job duties of the position to be filled.
(6) The persons prison, jail, probation,
parole, rehabilitation, and employment records since the date the crime was
committed.
If, after reviewing the factors, the
Board determines that any of the grounds set forth in the
subdivisions of G.S. 90-633(a)
exist, the Board may deny licensure of the applicant. The Board may
disclose to the applicant
information contained in the criminal history record check that is relevant to
the
denial. The Board shall not provide a copy of the criminal
history record check to the applicant.
The
applicant shall have the right to
appear before the Board to appeal the Boards decision. However, an
appearance before the full Board
shall constitute an exhaustion of administrative remedies in accordance
with Chapter 150B of the General
Statutes.
(d) The Board, its officers,
and employees, acting in good faith and in compliance with this section, shall
be immune from civil liability for denying licensure to an applicant based on
information provided in the applicants criminal history record check.
§ 90-630.
Reciprocity. Repealed
§ 90-630.1 Licensure by endorsement.
(a) The
Board may issue a license to a practitioner who is duly licensed, certified, or
registered as a massage and bodywork therapist under the laws of another
jurisdiction. The practitioner shall be
eligible for licensure by endorsement if all of the following qualifications
are met:
(1) The applicant meets the requirements of
G.S. 90-629(1), (2), (3) and (6) and submits the required application and fees
to the Board.
(2) The applicant currently holds a valid license, certificate, or
registration as a massage and bodywork therapist in another jurisdiction, and
that jurisdictions requirements for licensure, certification, or registration
as a massage and bodywork therapist are substantially equivalent to or exceed
the requirements for licensure under this Article.
(3) The applicant is currently a
practitioner in good standing, with no disciplinary proceeding or unresolved
complaint pending in any jurisdiction at the time a license is to be issued in
this State.
(4) The applicant passes a jurisprudence
examination administered by the Board regarding laws and rules adopted by the
Board for licensure under this Article.
(5) The applicant, including applicants
credentialed in a foreign country, demonstrates satisfactory proof of
proficiency in the English language.
(b) The
Board may issue a license by endorsement to a practitioner from another state
that does not
license, certify, or register
massage and bodywork therapists if all of the following qualifications are met:
(1)
The applicant meets the
requirements of G.S. 90-629(1), (2), (3), and (6) and submits the required
application and fees to the Board.
(2) The applicant has passed a competency
assessment examination that meets generally accepted psychometric principles
and standards and is approved by the Board.
(3) The applicant has graduated from a
massage and bodywork therapy school that:
(i)
offers a curriculum that meets or is substantially equivalent to the standards
set forth in the Boards criteria for school approval; and (ii) is licensed or
approved by the regulatory authority for schools of massage and bodywork
therapy in the state, province, territory, or country in which it operates or
is exempt by law.
(4)
The applicant is currently a
practitioner in good standing, with no disciplinary proceeding or unresolved
complaint pending in any jurisdiction at the time a license is to be issued in
this State.
(5) The applicant passes a jurisprudence
examination administered by the Board regarding laws and rules adopted by the
Board for licensure under this Article.
(6) The applicant, including an applicant credentialed
in a foreign country, demonstrates satisfactory proof of proficiency in the
English language.
(7) Notwithstanding the requirements of
subdivisions (2) and (3) of this subsection, the applicant has other
credentials, to be reviewed by the Board on a case-by-case basis, that are
deemed by the Board to be substantially equivalent to the requirements in
subdivisions (2) and (3) of this subsection.
(c) The Board shall maintain a list of
jurisdictions whose regulatory standards for the practice of
massage and bodywork therapy have
been determined by the Board to be substantially equivalent to or
to exceed the requirements for
licensure under this Article.
(a) The license to practice and the license to
operate a massage and bodywork therapy establishment under this Article shall
be renewed every two years.
(b) The continuing education requirement for the
renewal of an initial license to practice is as follows:
(1) If
the licensure period is two years or more, each licensee shall submit to the
Board
evidence
of the successful completion of at least 24 hours of study, as approved by
the
Board, since the initial licensure application date in the practice of massage
and
bodywork
therapy.
(2) If
the licensure period is less than two years, but more than one year, each
license
shall
submit to the Board evidence of the successful completion of at least 12 hours
of
study, as approved by the Board, since the initial licensure application date
in the
practice
of massage and bodywork therapy.
(c) For subsequent renewals of a license to
practice, each licensee shall submit to the Board evidence of the successful
completion of at least 24 hours of study, as approved by the Board, since the
previous licensure renewal submission date in the practice of massage and
bodywork therapy.
§ 90-631. Massage and bodywork
therapy schools.
(a) The Board shall establish rules for the
approval of massage and bodywork therapy schools. These rules shall include:
(1) Basic
curriculum standards that ensure graduates have the education and skills
necessary to carry out the safe and effective practice of massage and bodywork
therapy.
(2) Standards
for faculty and learning resources.
(3) Requirements
for reporting changes in instructional staff and curriculum.
(4) A
description of the process used by the Board to approve a school.
Any school that offers a training
program in massage and bodywork therapy, not otherwise exempt from the
requirements of Board approval, shall submit an application for approval to the
Board. If a massage and bodywork therapy school offers training programs at
more than one physical location, each location shall constitute a separate
massage and bodywork therapy school. The
Board shall grant approval to a school, whether in this State or another state,
that meets the criteria established by the Board. The Board shall maintain a list of approved
schools and a list of community college programs operating pursuant to
subsection (b) of this section.
(a1)
The Board shall have general supervision over massage and bodywork
therapy schools, not
otherwise exempt from the
requirements of Board approval, in this State for the purpose of protecting the
health, safety, and welfare of the
public by requiring that massage and bodywork therapy schools carry
out their advertised promises and
contracts made with their students and
patrons and by requiring that
approved massage and bodywork
therapy schools maintain:
(1) Adequate, safe, and sanitary facilities.
(2) Sufficient and qualified instructional
and administrative staff.
(3) Satisfactory
programs of operation and instructions.
(b) A massage and bodywork
therapy program operated by a North Carolina community college that is
accredited by the Southern Association of Colleges and Schools is exempt from
the approval process, licensure process, or both, established by the
Board. The college shall certify
annually to the Board that the program meets or exceeds the minimum standards
for curriculum, faculty, and learning resources established by the Board. Students who complete the program shall
qualify for licenses from the Board as if the program were approved, licensed,
or both, by the Board.
(c)
A massage and bodywork therapy program operated by a degree or diploma
granting college or university that offers a degree or diploma in massage
therapy and is accredited by any accrediting agency that is recognized by the
United States Department of Education and is licensed by the North Carolina
Community College System or The University of North Carolina Board of Governors
is exempt from the approval process, licensure process, or both, established by
the Board. The college or university
shall certify annually to the Board that the program shall qualify for licenses
from the Board as if the program were approved, licensed, or both, by the
Board.
§
90-631.1. Massage and bodywork therapy school approval required.
Unless
exempt from the Board approval process, no individual, association,
partnership, corporation, or other entity shall open, operate, or advertise a
massage and bodywork therapy school in this State unless it has first complied
with all the requirements of this Article and rules adopted by the Board and
has been approved by the Board.
§
90-631.2. Authority to establish fees
for massage and bodywork therapy school approval.
(a) The Board shall establish a schedule of fees
for approvals and renewals granted and for inspections performed pursuant to
this Article. The fees collected under
this section are intended to cover the administrative costs of the approval
programs. No fee for application
approval or renewal of approval shall be refunded in the event the application
is rejected or the approval suspended or revoked.
(b)
Fees for Board approval of schools are as follows:
|
(1) |
Request for application approval package |
$ 20.00 |
|
(2) |
Initial application for approval (one program) |
2,000.00 |
|
(3) |
Initial application for approval of additional
programs (same location) |
750.00 |
|
(4) |
Inspection for initial approval or renewal (one
program) |
1,500.00 |
|
(5) |
Inspection for initial approval or renewal of
additional programs (same location) |
500.00 |
|
(6) |
Renewal of approval (one program) |
1,000.00 |
|
(7) |
Renewal of approval (each additional program) |
750.00 |
(c) Renewal inspections shall not occur more
frequently than every three years, unless necessary.
(d) A school that is required to have more than
one inspection in a fiscal year in order to investigate or verify areas of
noncompliance with the standards for school approval shall pay a fee of one
thousand five hundred dollars ($1500.00) for each additional inspection.
(a) The Board may deny, suspend, revoke, or
refuse to approve a massage and bodywork therapy school for any of the
following reasons:
(1) The
employment of fraud, deceit, or misrepresentation in obtaining or attempting to
obtain approval of a massage and bodywork therapy school.
(2) Engaging
in any act or practice in violation of any of the provisions of this Article or
of any of the rules adopted by the Board, or aiding, abetting, or assisting any
other person in the violation of the provisions of this Article or rules
adopted by the Board.
(3) Failure
to require that its students must complete the minimum standards in order to
graduate.
(4) Operating
a massage and bodywork therapy school without approval from this Board.
(5) Engaging
in conduct that could result in harm or injury to the public.
(6) The
employment of fraud, deceit, or misrepresentation when communicating with the
general public, health care professionals, or other business professionals.
(7) Falsely
holding out a massage and bodywork therapy school as approved by this Board.
(8) Failure
to allow authorized representatives of the Board to conduct inspections of the
massage
and bodywork therapy school or refusing to make available to the Board,
following written notice to the massage and bodywork therapy school, the
requested information pertaining to the requirements for approval set forth in
this Article.
(9) Failure
to notify the Board in writing within 30 days of any notification it receives
from its
accrediting
agency or the United States Department of Education Office of
Postsecondary
Education of a show cause action, probation action, or denial of
accreditation.
(10) The
applicant for or holder of massage and bodywork therapy school approval has
pleaded guilty, entered a plea of nolo contendere, or has been found guilty of
a crime involving moral turpitude by a judge or jury in any state or federal
court.
(b) A refusal to issue, refusal
to renew, or suspension or revocation of massage and bodywork
therapy school approval under this
section shall be made in accordance with Chapter 150B of the
General Statutes.
§ 90-632.10.
Massage and bodywork therapy establishment license required.
The Board shall
license massage and bodywork therapy establishments in this State for the
purpose of protecting the health, safety, and welfare of the public. Unless otherwise exempt from the Board
licensure process, no individual, association, partnership, corporation, or
other entity shall open, operate, or advertise a massage and bodywork therapy
establishment in this State unless it has first been licensed by the
Board. The Board shall maintain a list
of licensed massage and bodywork therapy establishments operating pursuant to
this Article.
§ 90-632.11.
Requirements for massage and bodywork therapy establishment licensure.
(a)
Any person who wishes to operate a massage and
bodywork therapy establishment shall obtain a license from the Board by submitting
a massage and bodywork therapy establishment licensure application accompanied
by all of the following:
(1)
The applicable fee set forth in G.S.
90-632.14.
(2)
Proof of property damage and bodily
injury liability insurance coverage in the name of the owner or, if the
establishment is operated under a business name, in the name of both the owner
and the business.
(3)
Prior licensure and disciplinary
history, including verification from all North Carolina licensing boards from
which the owner holds or has held any health related professional license.
(4)
Fingerprint cards submitted in
accordance with G.S. 90-629.1 at the time the license application is filed and
consented to a criminal history record check by the Department of Public
Safety.
(5)
Ownership information, including at
least all of the following:
a.
Type of ownership.
b.
Name of owner.
c.
Name of authorized representative.
d.
Address of establishment.
e.
Social Security number or federal tax
identification number.
f.
E-mail address.
g.
Current phone number.
h.
Hours of operation.
(6)
Proof of good moral character as
determined by the Board.
(7)
Signature of all owners or authorized
corporate representatives or both.
(8)
A successfully completed
self-evaluation inspection report demonstrating compliance with this section
and any rules adopted pursuant to G.S. 90-632.13.
(9)
Proof that establishment employs,
hires, or plans to employ or hire one or more massage and bodywork therapy
therapists who hold a current license from the Board.
(b)
The application for licensure shall be
submitted in the name of the owner or owners of the establishment. If the owner is a corporation, the
application shall be submitted in the name of the corporation and shall be
signed by a corporate representative.
§ 90-632.12.
Operation of a massage and bodywork therapy establishment under a name
different than the owner; advertisement.
(a)
An owner may operate a licensed massage
and bodywork therapy establishment under a name other than the name of the
owner, provided such name is submitted to the Board on the application for
licensure.
(b)
Any advertisement by the massage and
bodywork therapy establishment shall include the establishments business name
and shall comply with 21 NCAC 30 .0404.
§ 90-632.13. Rules
for massage and bodywork therapy establishment license.
The
Board shall establish rules for the licensure of massage and bodywork therapy
establishments. These rules shall
include at least all of the following:
(1)
Requirements for adequate, safe, and
sanitary facilities.
(2)
Requirements for compliance with local
building code requirements, State fire safety codes, and State health
inspection codes necessary to ensure the safe and effective practice of massage
and bodywork therapy.
(3)
Requirements for retention of client
and ownership records.
(4)
A description of the process used by
the Board to approve massage and bodywork therapy establishment licenses.
(5)
Requirements for initial and periodic
inspections of massage and bodywork therapy establishments.
(6)
Requirements for transfer of a massage
and bodywork therapy establishment license.
§ 90-632.14. Fees
for massage and bodywork therapy establishment license.
(a)
The Board may impose the following fees
up to the amounts listed below for massage and bodywork therapy establishment
licensure:
(1)
Application for
license
.
.$20.00
(2)
Initial license
fee
.
$150.00
(3)
License
renewal
..$100.00
(4)
Late renewal
penalty
$75.00
(5)
Duplicate
license
..
$25.00
(6)
Inspection of
establishment
..$150.00
(b)
All fees listed in subsection (a) of
this section shall be paid in the form of a cashiers check, certified check,
or money order made payable to the North Carolina Board of Massage and Bodywork
Therapy and shall be nonrefundable.
§ 90-632.15. Grounds
for suspension, revocation, or refusal of a massage and bodywork therapy
establishment license; notice and hearing; judicial review.
(a)
The Board may deny, suspend, revoke,
discipline, or refuse to approve a massage and bodywork therapy establishment for
any of the following reasons:
(1)
The employment of fraud, deceit, or
misrepresentation in obtaining or attempting to obtain a massage and bodywork
therapy establishment license.
(2)
Engaging in any act or practice in
violation of any of the provisions of this Article or of any of the rules
adopted by the Board or aiding, abetting, or assisting any other person in the
violation of the provisions of this Article or rules adopted by the Board.
(3)
Failure to require that its employees
or independent contractors be currently licensed by the Board.
(4)
Operating a massage and bodywork
therapy establishment without a license from this Board.
(5)
Engaging in conduct that could result
in harm or injury to the public.
(6)
The employment of fraud, deceit, or
misrepresentation when communicating with the general public, health care
professionals, or other business professionals.
(7)
Falsely holding out a massage and
bodywork therapy establishment as licensed by this Board.
(8)
Failure to allow authorized
representatives of the Board to conduct inspections of the massage and bodywork
therapy establishment or refusing to make available to the Board, following
written notice to the massage and bodywork therapy establishment, the requested
information pertaining to the requirements for approval set forth in this
Article.
(9)
Failure to notify the Board in writing
within 30 days of any notification it receives from any state, local, or
federal court or agency of a show cause action, probation action, or denial of
licensure or approval.
(10)
The applicant for or holder of a
massage and bodywork therapy establishment license has pleaded guilty, entered
a plea of nolo contendere, or has been found guilty of a crime involving moral
turpitude by a judge or jury in any state or federal court.
(b)
A refusal to issue, refusal to renew,
or suspension or revocation of a massage and bodywork therapy establishment
license under this section shall be made in accordance with Chapter 150B of the
General Statues.
§ 90-632.16.
Unlicensed massage and bodywork therapy prohibited at massage and bodywork
therapy establishments.
A massage and bodywork therapy establishment shall not
employ or contract with any person in this State to provide massage and
bodywork therapy unless that person holds a current license to practice massage
and bodywork therapy issued pursuant to this Article.
§ 90-632.17.
Sexual activity prohibited.
(a)
Sexual activity or solicitation of
sexual activity by any person or persons in any massage and bodywork therapy
establishment is unlawful and prohibited.
(b)
No owner shall engage in or permit any
person or persons to engage in sexual activity in the owners massage and
bodywork therapy establishment. No owner
shall engage in or permit any person or persons to use the owners massage and
bodywork therapy establishment to make arrangements to engage in sexual
activity in any other place.
§ 90-632.18.
Enforcement; injunctive relief against massage and bodywork therapy
establishments.
The Board may
utilize the enforcement and injunctive relief set forth in G.S. 90-634 and
assess civil penalties and disciplinary costs as provided in G.S. 90-634.1 to
address violations of G.S. 90-632.10 through G.S. 90-632.17, any rules adopted
pursuant to G.S. 90-632.13, or any other laws or rules applicable to the
operation of a massage and bodywork therapy establishment.
§ 90-632.19. Human
trafficking public awareness sign.
The Board may
require that a massage and bodywork therapy establishment prominently display
on the premises in a place that is clearly conspicuous and visible to employees
and the public a public awareness sign created and provided by the North
Carolina Human Trafficking Commission that contains the National Human
Trafficking Resource hotline information.
§ 90-633. Disciplinary action.
(a) The Board may deny, suspend, revoke, or
refuse to license a massage and bodywork therapist or applicant for any of the
following:
(1) The
employment of fraud, deceit, or misrepresentation in obtaining or attempting to
obtain a
license or the renewal of a license.
(2) The
use of drugs or intoxicating liquors to an extent that affects professional
competency.
(3) Conviction of an offense under any
municipal, State, or federal narcotic or controlled
substance
law.
(4) Conviction of a felony or other public
offense involving moral turpitude.
(5) An adjudication of insanity or
incompetency.
(6) Engaging in any act or practice in
violation of any of the provisions of this Article or of
any of the
rules adopted by the Board, or aiding, abetting, or assisting any other person
in the
violation of these provisions or rules.
For purposes of this subdivision, the phrase
aiding,
abetting, or assisting any other person does not include acts intended to
inform
the individual
who is not in compliance with this Article of the steps necessary to comply
with this
Article or any rules adopted by the Board.
(7) The commission of an act of malpractice,
gross negligence, or incompetency.
(8) Practice as a licensee under this Article
without a valid certificate or renewal.
(9) Engaging in conduct that could result in
harm or injury to the public.
(10) The employment of fraud, deceit, or
misrepresentation when communicating with the
general
public, health care professionals, or other business professionals.
(11) Falsely holding out himself or herself as
licensed or certified in any discipline of massage
and
bodywork therapy without successfully completing training approved by the Board
in
that
specialty.
(12) The
application of systems of activity by a massage and bodywork therapist during
the
course of
therapy with the intent of providing sexual stimulation or otherwise pursuing
sexual contact.
(b) The Board may reinstate a revoked license,
revoke censure or other judgment, or remove other licensure restrictions if the
Board finds that the reasons for revocation, censure, or other judgment or
other licensure restrictions no longer exist and the massage and bodywork
therapist or applicant can reasonably be expected to safely and properly
practice as a massage and bodywork therapist.
§ 90-634. Enforcement; injunctive
relief.
(a) It is unlawful for a person not licensed or exempted
under this Article to engage in any of the following:
(1) Practice of massage and bodywork therapy.
(2) Advertise, represent, or hold out himself
or herself to others to be a massage and
bodywork
therapist.
(3) Use any title descriptive of any branch of
massage and bodywork therapy, as provided in
G.S.
90-623, to describe his or her practice.
(b) A person who violates subsection (a) of this
section shall be guilty of a Class 1 misdemeanor.
(b1) Unless exempt from the approval process, it
is unlawful for an individual, association, partnership, corporation, or other
entity to open, operate, or advertise a massage and bodywork therapy school
without first having obtained the approval required by G.S. 90-631.1.
(b2) An individual, association, partnership,
corporation, or other entity that violates subsection (b1) of this section
shall be guilty of a Class 3 misdemeanor.
(b3) It is unlawful for a person, individual,
association, partnership, corporation, or other entity to do any of the
following:
(1)
Employ, hire, engage, or otherwise
contract with a person who is not licensed or exempted under this Article to
provide massage and bodywork therapy services to the public.
(2)
Aid and abet any person not licensed or
exempted under this Article in the practice of massage and bodywork therapy.
(3)
Advertise, represent, or hold out any
person not licensed or exempted under this Article to others as a massage and
bodywork therapist.
(4)
Describe the practice of any person not
licensed or exempted under this Article or use any title descriptive of any
branch of massage and bodywork therapy to reference any such person in
violation of G.S. 90-623.
(b4) A person who violates subsection (b3) of this
section shall be guilty of a Class 1 misdemeanor.
(c) The Board may make application to superior
court for an order enjoining a violation of this Article. Upon a showing by the
Board that a person, association, partnership, corporation, or other entity has
violated or is about to violate this Article, the court may grant an
injunction, restraining order, or take other appropriate action.
§ 90-634.1. Civil penalties;
disciplinary costs.
(a) Authority to Assess Civil
Penalties. The Board may assess a civil
penalty not in excess of one thousand dollars ($1,000) for the violation of any
section of this Article or the violation of any rules adopted by the Board. The
continuation of the same act for which the penalty is imposed shall not be the
basis for an additional penalty unless the penalty is imposed against the same
party who has repeated the same act for which the discipline has previously
been imposed. The clear proceeds of any
civil penalty assessed under this section shall be remitted to the Civil
Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2.
(b) Consideration Factors. Before imposing and assessing a civil
penalty, the Board shall consider the following factors:
(1) The nature, gravity, and persistence of the particular violation.
(2) The appropriateness of the imposition
of a civil penalty when considered alone or in
combination
with other punishment.
(3) Whether the violation was willful and
malicious.
(4) Any
other factors that would tend to mitigate or aggravate the violations found to
exist.
(c) Schedule of Civil
Penalties. The Board shall establish a
schedule of civil penalties for violations of this Article and rules adopted by
the Board.
(d) Transcriptions Costs. The Board may assess the costs of
transcriptions of a disciplinary hearing held by the Board or the Office of
Administrative Hearings to include the recording of the hearing by a court
reporter and transcription of the proceeding against a person found to be in
violation of this Article or rules adopted by the Board.
§
90-635. Third-party reimbursement.
Nothing in this
Article shall be construed to require direct third-party reimbursement to
persons licensed under this Article.
§ 90-636. Regulation by county or
municipality.
Nothing in this
Article shall be construed to prohibit a county or municipality from regulating
persons covered by this Article, however, a county or municipality may not
impose regulations that are inconsistent with this Article.