NC Massage and Bodywork Therapy Board

News and Announcements

Newsletters
Winter - 2016 PDF   Winter - 2008 PDF
Winter - 2015 PDF   Winter - 2007 PDF
Winter - 2014 PDF   Spring - 2006 PDF
Winter - 2013 PDF   Spring - 2006 PDF
Winter - 2012 PDF Fall - 2005 PDF
Winter - 2011 PDF

Spring - 2005

PDF
Winter - 2010 PDF Winter - 2004 PDF
Winter - 2009 PDF Spring - 2003 PDF
         

Recent News 

Rule Change Updates November 10, 2016

The North Carolina Board of Massage and Bodywork Therapy will be holding a public hearing to discuss ten (10) amendments and one (1) adoptions to the Rules and Regulations of the Board.  This hearing is mandated by G.S. 150B-21.2(c) and will be held at 10:00 a.m. on December 15, 2016 in the large conference room on the 13th floor of the Wells Fargo Bank building, 150 Fayetteville Street, Raleigh, N.C. 27601. 

The texts of the changes are as follows:

TITLE 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS

 

CHAPTER 30 - BOARD OF MASSAGE AND BODYWORK THERAPY

 

Notice is hereby given in accordance with G.S. 150B-21.2 that the Board of Massage and Bodywork Therapy intends to adopt the rule cited 21 NCAC 30 .0906 and amend the rules cited as 21 NCAC 30 .0504, .0601, .0602, .0618, .0620, .0623, .0628, .0629, .0630, and .0903.

 

Link to agency website pursuant to G.S. 150B-19.1(c):  http://bmbt.org/pages/news.html

 

Proposed Effective Date:  April 1, 2017

 

Public Hearing:

Date:  December 15, 2016

Time:  10:0 a.m.

Location:  Wells Fargo Capitol Center, 13th Floor Conference Room, 150 Fayetteville Street, Raleigh, NC 27601

 

Reason for Proposed Action:  The amendment to Rule .0504 is being submitted to clarify documentation requirements.  The amendments to Section .0600 are being submitted to comply with the approval portion of the State authorization regulations for the US Department of Education and to clarify the confidentiality of investigative materials.  The adoption of Rule .0906 is being submitted to allow summary suspension on a license.

 

Comments may be submitted to:  Charles P. Wilkins, P.O. Box 2539, Raleigh, NC 27602, phone (919) 546-0050, fax (919) 833-1059, email cwilkins@bws-law.com

 

Comment period ends:  January 17, 2017

 

Procedure for Subjecting a Proposed Rule to Legislative Review: If an objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission after the adoption of the Rule. If the Rules Review Commission receives written and signed objections after the adoption of the Rule in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1). The Commission will receive written objections until 5:00 p.m. on the day following the day the Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission. If you have any further questions concerning the submission of objections to the Commission, please call a Commission staff attorney at 919-431-3000.

 

Fiscal impact (check all that apply).

           State funds affected

           Environmental permitting of DOT affected

                Analysis submitted to Board of Transportation

           Local funds affected

           Substantial economic impact (≥$1,000,000)

           Approved by OSBM

           No fiscal note required by G.S. 150B-21.4

 

section .0500 - STANDARDS OF PROFESSIONAL CONDUCT

 

21 ncac 30 .0504             DOCUMENTATION; REFERRALS

On an ongoing basis, the licensee shall:

(1)           maintain documentation for each session, when practicable, including the date of service, needs assessment, plan of care, observations made and actions taken by the licensee;

(2)           refer the client to other health care practitioners or other professional service providers when in the best interest of the client or licensee;

(3)           follow recommendations for the plan of care when receiving a client referral from a medical care provider. Questions or concerns regarding such referrals shall be directed to the referring provider.

 

Authority G.S. 90-626(9).

 

section .0600 - MASSAGE AND BODYWORK THERAPY SCHOOLS

 

21 NCAC 30 .0601             BOARD APPROVAL

(a)  Any postsecondary school of higher education, school, whether in this State or another state or territory that offers a certificate, diploma or degree program in massage and bodywork therapy may make application for Board approval on a form provided by the Board.  Every school must submit an application to be considered for approval, whether or not such school has been licensed, approved or accredited by another regulatory agency, accreditation commission or trade association.  A school that operates in more than one location shall submit a separate application for each location.

(b)  The Board shall grant approval to postsecondary schools of higher education schools that meet the standards set forth in this Section.  Such approval authorizes the school to offer a certificate, diploma or degree program in massage and bodywork therapy that prepares individuals to become Licensed Massage and Bodywork Therapists in this State.  The approval shall be for a period of one year unless increased pursuant to Paragraph (c) of this Rule.  The Board shall maintain a list of approved schools.

(c)  In order to maintain approval status, each school shall submit a report by April 1 of the year the school's approval expires.  This report shall be on a form provided by the Board, that shall require documentation of authority to operate pursuant to Rule .0610 of this Section if granted by any entity other than this Board, student enrollments, and any changes in curriculum, instructional staff or administrative staff.  If a school has remained in compliance with all Board rules for a period of five consecutive years and has no disciplinary action taken against it by the Board for a period of five consecutive years, the Board shall increase the period of approval for that school from one to two years.

(d)  An approved school shall notify the Board in writing within 30 days of any change in the school's location address, ownership, controlling interest, administration, facilities, instructional staff, or curriculum.

(e)  The school approval term begins on July 1 and ends on June 30.  For the purposes of this Section, this term shall be considered the fiscal year.

(f)  If a Board-approved school has not met the requirements for renewal by June 30 preceding the new fiscal year, its approval status shall be deemed expired.

(g)  Approval shall be reinstated by the Board if a school whose approval has expired pursuant to Paragraph (f) of the Rule completes its renewal process by July 31 of the fiscal year.  A school that has had its approval reinstated by July 31 shall be considered to have maintained its approval status on a continuous basis, pursuant to Paragraph (i) of this Rule.

(h)  The Board shall not renew the approval of a school that has not met the approval standards by July 31 of the year in which the school is scheduled to renew.

(i)  Pursuant to G.S. 90-629(4), "successful completion of a course of study at a Board-approved school" means that the applicant graduated from a school that maintained its approval status with the Board on a continuous basis during the applicant's time of enrollment.

 

Authority G.S. 90-626(9); 90-631.

 

21 NCAC 30 .0602             DEFINITIONS

The following definitions shall apply to this Section:

(1)           Accreditation; accredited Status granted to a postsecondary school of higher education post-secondary institution of higher learning that has met standards set by an accrediting agency recognized by the Secretary of the United States Department of Education.

(2)           Additional location. -- A facility not part of, nor adjoining the facility of an approved school, where an approved school intends to offer a program.  Each such location is considered a separate school, requiring a new Application for School Approval to be submitted to the Board.

(3)           Additional program. -- A program that is of a different title, subject matter, or that increases or decreases by more than 10 percent the number of hours of instruction than the program under which the school received its initial approval from the Board.  An approved school that intends to offer an additional program shall submit an Application for Additional Program Approval.

(4)           College A postsecondary school of higher education An institution of higher learning that awards an Associate degree or higher.

(5)           Instructor. -- A person who meets the qualifications set forth in Rule .0612 who is responsible for delivering course content according to curricula established by the school, and who is responsible for managing the classroom environment.

(6)           Key administrative staff. -- The school's program director, director of education, and other administrative staff members who direct areas such as operations, admissions, financial aid, placement, or student services.

(7)           Massage and bodywork therapy school. A postsecondary school of higher education Any educational institution that conducts a program, as defined in this Rule, for a tuition charge.  Such institutions may be organized as proprietary schools that are privately owned and operated by a sole proprietor, partnership, corporation, association, or other entity; or may be post-secondary colleges or universities, whether publicly or privately owned.

(8)           One classroom hour of supervised instruction. -- At least 50 minutes of any one clock hour during which the student participates in a learning activity in the physical presence of a member of the schools instructional staff.

(9)           One year of professional experience. -- In determining the qualifications of administrative or instructional staff members, at least 500 hours of documented work in the professional job responsibility or subject area in a given year.

(10)         Program. -- A course of study or curriculum consisting of a specified number hours of instruction consistent with the standards set forth in Rule .0620 that is intended to teach adults the skills and knowledge necessary for the professional practice of massage and bodywork therapy, as defined in G.S. 90-622(3).  Each program of a specified number of instructional hours shall be considered a separate program for the purposes of Board approval, and shall require a separate application for approval.

(11)         Student enrollment. -- The total number of students at an approved school in a designated fiscal year who have begun a program for which they have registered and paid a fee for that fiscal year, and who have completed more than 15 percent of such program.

(12)         Teaching assistant. -- A person who meets the qualifications set forth in Rule .0612, who is in the classroom to support the role of the instructor, and who may provide instruction to students only in the presence of and under the direct supervision of the instructor.

 

Authority G.S. 90-626(9); 90-631.

 

21 NCAC 30 .0618             ADMISSIONS

(a)  A school shall maintain admission policies and procedures that are disclosed to the public and administered consistently.

(b)  A school shall conduct an orientation session for persons who have applied for admission or who are considering application for admission.  Such orientation shall include an overview of the program's educational objectives and curriculum, the academic and physical requirements of the program, existing employment opportunities in the field, the time and financial requirements of the program, and state requirements for licensure.

(c)  Admissions standards shall be designed to ensure that only those applicants are admitted who have the cognitive, motor and behavioral skills and moral character necessary to successfully complete the program and to practice massage and bodywork therapy in a safe and effective manner.

(d)  A school shall conduct a pre-enrollment interview with each applicant to determine the applicant's qualifications.  The information gathered from this interview shall be evaluated with all written documentation submitted by the applicant before the school renders a decision on the application.

(e)  A school shall only admit applicants who are high school graduates or who have earned a General Equivalency Diploma (GED).

(e) (f) A school shall maintain written documentation of the basis for admission of the student.  Such records shall include copies of high school diploma diploma, GED, or transcripts, proof of age, and other specific admission requirements of the school.

 (f) (g)  Documentation of the reasons for the denial of admission of any student shall be maintained for at least three years.

(g) (h)  A school must comply with the admissions standards of this Rule but may enroll students in individual courses not leading to a credential.

 

Authority G.S. 90-626(9); 90-631.

 

21 NCAC 30 .0620             PROGRAM REQUIREMENTS

Pursuant to G.S. 90-631(1), programs shall meet the following requirements:

(1)           A school shall develop and adhere to a set of educational objectives that describe the intended skills, knowledge, and attitudes that the program is designed to develop in the student by the completion of the program;

(2)           The program shall have a core curriculum of at least 500 classroom hours of supervised instruction.  The core curriculum shall contain the following hours of specific course work that are consistent with the school's mission and educational objectives:

(a)           200 hours in the fundamental theory and practice of massage and bodywork therapy that is designed to produce comprehensive entry-level skills in the application of direct manipulation to the soft tissues of the human body, and is based in therapeutic methods consistent with the definition set forth in G.S. 90-622(3) such as Swedish massage, acupressure, shiatsu, deep muscle massage, trigger point therapy, and connective tissue bodywork.  Of the 200 hours in this category, at least 100 hours shall be in the application of hands-on methods.  The balance of the hours shall include client assessment skills, indications and contraindications for treatment, body mechanics, draping procedures, standard practices for hygiene and control of infectious diseases, and the history of massage and bodywork therapy;

(b)           100 hours in anatomy and physiology related to the practice of massage and bodywork therapy, that shall include the structure and function of the human body and common pathologies;

(c)           15 hours in professional ethics, and North Carolina laws and rules for the practice of massage and bodywork therapy;

(d)           15 hours in business management practices related to the practice of massage and bodywork therapy;

(e)           20 hours in psychological concepts related to the practice of massage and bodywork therapy, including dynamics of the client/therapist relationship, professional communication skills, the mind-body connection, and boundary functions;

(f)            150 hours in other courses related to the practice of massage and bodywork therapy.  The courses may include additional hands-on techniques, specific applications, adjunctive modalities, in-depth anatomy and physiology, kinesiology, psychological concepts, or supervised clinical practice.  First Aid or CPR shall not be included in this category.  Techniques that are considered exempt from licensure pursuant to G.S. 90-624(6) or (7), and that are further defined by Rule .0203(a) constitute up to 50 hours of the 150 hours in this category.

(3)           For programs that include a student clinic or fieldwork experiential component, the hours shall not exceed 100 hours of the minimum requirement set forth in Sub-item (2)(f) of this Rule.  All work shall be in the presence of and directly supervised and evaluated by an instructional staff member;

(4)           For programs that include an externship component, the hours shall not be included in the requirements set forth in Item (2) of this Rule, and shall not comprise more than 20 percent of the total program hours.  All work at the externship site shall be supervised by a person at the externship site who is acceptable to the school, and shall be monitored and evaluated by the school;

(5)           The program shall provide curriculum hours that allow its graduates to meet the minimum eligibility requirements for at least one of the competency assurance examinations that are approved by the Board as meeting the licensure requirement set forth in G.S. 90-629(5);

(6)           Programs shall consist of a series of courses that are organized in a logical sequence, and that are consistent with the educational objectives.  Sequential organization means that within a course, each class prepares students for the next class; overall, each course gives students the skills and knowledge necessary for the next course.  Material is not presented unless students have the necessary skills and knowledge to utilize that material safely and effectively;

(7)           Course titles shall match the content of the course; published course descriptions shall accurately reflect the specific learning objectives of each course; sufficient hours shall be allotted to each course to allow students to gain competence in the subject areas covered;

(8)           A course curriculum is developed for each course that shows the basic content of each individual class in the course in the sequence presented;

(9)           Course requirements and competencies are consistent from instructor to instructor.  Teaching materials, including lesson plans, for every class taught, are developed and maintained for each course to ensure consistency. Teaching methods are appropriate to course content, and to diverse learning styles;

(10)         Programs shall be at least 24 weeks in length, with no more than nine instructional hours in one day.  There shall be no more than two hours of instruction without a break.  There shall be no more than four hours of instruction without a meal break;

(11)         For a student to receive credit in a course, the student shall attend no less than 75 percent of the instructional hours of the course.  The student shall also make up sufficient missed instructional hours to equal no less than 98 percent of the instructional hours in the course according to the procedures established by the school;

(12)         A syllabus shall be developed for each course and provided to students prior to the beginning of instruction.  The syllabus shall include the following elements:

(a)           course title,

(b)           course description,

(c)           learning objectives,

(d)           teaching methodologies,

(e)           total number of instructional hours,

(f)            meeting dates and class times,

(g)           assignments,

(h)           textbooks,

(i)            evaluation methods,

(j)            quiz and examination dates, and

(k)           performance standards.

(13)         For post-secondary institutions, courses that fulfill the requirements set forth in Item (2) of this Rule shall support the program in massage and bodywork therapy.  Courses in addition to these requirements may include courses from other departments or programs that are relevant to the practice of massage and bodywork therapy; and

(14)         For classes that involve hands-on practice, the student to instructor ratio shall not exceed 16 to 1.  Both instructors and teaching assistants, as defined in Rule .0612 of this Section shall be considered in calculating these ratios.

 

Authority G.S. 90-626(9); 90-631.

 

21 NCAC 30 .0623             LEARNING RESOURCES

The school shall provide sufficient learning resources to students and instructional staff to support the educational objectives of the program as follows:

(1)           The school shall maintain a library or resource center that contains or provides access to books, periodicals, and other informational materials in the field of massage and bodywork therapy.  As an alternative, the school may have a contractual agreement with another facility to provide access to such resources.

(2)           All other resources, such as charts, models, or electronic media, shall be maintained in good condition.

 

Authority G.S. 90-626(9); 90-631.

 

21 NCAC 30 .0628             ETHICAL REQUIREMENTS IN ADVERTISING

The following requirements pertain to all advertising and promotional activities conducted by, or on behalf of the school, including such media utilized as print, broadcast, verbal presentations, data transfer technologies, electronic, internet, videotape, or audiotape:

(1)           Educational programs and services offered shall be the primary emphasis of all advertisements, publications, promotional literature, and recruitment activities, whether distributed to prospective students or the general public.

(2)           All statements and representations made shall be factually accurate and current.  Supporting information shall be kept on file and available for review for at least three years.  All advertising and promotional materials shall include the correct name and location of the school.

(3)           A school shall not falsely represent its facilities in photographs, illustrations, or through other means.

(4)           The school catalog or bulletin shall contain all information required in Rule .0630 of this Section.

(5)           All advertising and promotional activities shall indicate that massage and bodywork training and not employment is being offered.  No overt or implied claim of individual employment shall be made.  No false or deceptive statements regarding employment opportunities or earning potential in the field of massage and bodywork as a result of the completion of the course of study shall be used to solicit students.

(6)           Letters of endorsement, commendation, or recommendation in favor of a school shall be used for advertising or promotion only with the written consent of the author without any offer of financial compensation, and only when such letters portray current conditions or facts.  Letters shall contain the date they were received, shall be kept on file and be subject to inspection.

(7)           Programs that use placement information in advertisements, catalogs or other printed documentation shall corroborate the data.

(8)           School literature and advertisements shall not quote "high top" or "up to" salaries unless they also indicate the normal range or starting salaries for graduates.

(9)           Schools offering programs that are not approved by the Board shall identify which programs are Board approved.

(10)         Schools shall describe requirements for state licensure.

(11)         Schools shall not defame competitors by falsely imputing to them dishonorable conduct, inability to perform on contracts, or by the false disparagement of the character, nature, quality, values, or scope of their educational services, or in any other material respect.

 

Authority G.S. 90-626(9); 90-631.

 

21 NCAC 30 .0629             STUDENT ENROLLMENT AGREEMENT

(a)  An approved school shall execute a Student Enrollment Agreement for training with every student.  The agreement must contain the following:

(1)           Name and telephone number of the school and location of where the student will attend classes;

(2)           Student's name, address, telephone number;

(3)           Name of the program in which student is enrolling, number of clock or credit hours of the program, beginning and ending dates, length of program in weeks or months, and expected graduation date;

(4)           Program tuition and all related costs, including application and registration fees and estimated cost of books and supplies;

(5)           Refund and cancellation policies, including student's right to cancel;

(6)           Payment methods, including cash, installment payment plans, or financial aid (as applicable); interest charged; and methods used to collect delinquent tuition;

(7)           Placement guarantee disclaimer;

(8)           Grounds for dismissal from the school;

(9)           Statement that you must hold a North Carolina massage and bodywork therapy license in order to practice massage and bodywork therapy in North Carolina;

(10)         Statement that good moral character is a requirement for licensure as a massage and bodywork therapist in North Carolina and, pursuant to G.S. 90-629.1, the North Carolina Board of Massage and Bodywork Therapy may deny a license to practice massage and bodywork therapy if an applicant has a criminal record or there is other evidence that indicates the applicant lacks good moral character;

(11)         Statement referencing the school catalog and student handbook as a part of the enrollment agreement;

(12)         Statement certifying that student has read and understands all terms of the enrollment agreement; and

(13)         Signature lines for school official and student.

(b)  A copy of the executed agreement signed and dated Student Enrollment Agreement shall be provided to the student and a copy shall be placed in the student's permanent file.

 

Authority G.S. 90-626(9); 90-631.

21 NCAC 30 .0630             SCHOOL CATALOG

An approved school shall publish a catalog or bulletin that is certified by an official of the school as being current, true, and correct in content and policy.  All school catalogs or bulletins, in print or online, shall be current and accurate.  If updates are being printed, addenda shall be used for the printed catalog or bulletin and online sources, such as websites, shall continuously be updated so as to be current.  The catalog shall include the following information:

(1)           School name, location address, and phone number;

(2)           Volume number and date of publication;

(3)           Ownership structure, including type of legal entity and names of owners, Board of Directors members, or academic officers at public institutions;

(4)           Names and titles of all instructional and key administrative staff;

(5)           Statement of school mission, philosophy, and educational program objectives;

(6)           School history and identification of all licenses, approvals or accreditations that the school maintains;

(7)           Definition of measurement of program, whether in clock hours or credit hours;

(8)           Course descriptions, including number of hours for each course;

(9)           Graduation requirements, including type of credential issued upon graduation;

(10)         Requirements for licensure, certification or registration of therapists in the state, province, or country in which the school operates;

(11)         Standards for admission, description of the school's admissions process, and requirement of a signed Student Enrollment Agreement;

(12)         School calendar, including beginning and ending dates of all programs, all holidays and days off;

(13)         Length of time required for completion of the program;

(14)         Program tuition and all associated costs, including textbooks, supplies, and other expenses;

(15)         Refund policy;

(16)         Description of facilities and learning resources;

(17)         Student services;

(18)         Policy regarding prohibition of compensation to student for performing massage and bodywork therapy;

(19)         Academic policies, including the following:

(a)           Grading system;

(b)           Standards of satisfactory academic progress;

(c)           Description of disciplinary procedures, including conditions for probation, suspension, dismissal or expulsion, conditions of reentrance for students dismissed for unsatisfactory academic progress;

(d)           Transfer of credit from other institutions;

(e)           Attendance requirements, make-up work, tardiness, leave of absence;

(f)            Standards of conduct, including a sexual harassment policy; and

(g)           Complaint policy, process for complaint resolution, name and address of the school regulatory agency for filing complaints when institutional process does not bring resolution; and

(20)         Statement pursuant to G.S. 90-629.1, that the North Carolina Board of Massage and Bodywork Therapy may deny a license to practice massage and bodywork therapy if an applicant has a criminal record or there is other evidence that indicates the applicant lacks good moral character.

 

Authority G.S. 90-626(9); 90-631.

 

section .0900 - COMPLAINTS, DISCIPLINARY ACTION AND HEARINGS

 

21 ncac 30 .0903             ACTION ON A COMPLAINT

Action on a complaint consists of the following:

(1)           The Board shall receive and acknowledge complaints, open a file and initiate complaint tracking.

(2)           Complaints shall be screened to determine jurisdiction and the type of response appropriate for the complaint.

(3)           Investigation:

(a)           If the facts indicate a Practice Act violation that cannot be verified and the complaint can be handled without an investigation, the Board may request that the licensee or school cease conduct that could result in a Practice Act violation.

(b)           If the facts indicate a Practice Act violation, the Board shall commence an investigation.  The Board may utilize additional personnel such as licensees, law enforcement officials, or other technical personnel that may be required in a particular case. If a Board member is utilized in the investigation, due process must be observed by separating

(i)            investigation;

(ii)           prosecution; and

(iii)          hearings and final decision-making.

No Board member shall participate in more than one of these three steps in the enforcement process.

(c)           A confidential report of each investigation shall be prepared for the Board's review.

(d)           Prior to a decision rendered by the Board, any materials generated or obtained by the Board in conducting an investigation shall be considered confidential investigation records not subject to the Public Records Act (Chapter 132 of the General Statues); however; copies of such materials may be provided to a licensee subject to disciplinary action, or to the licensees attorney, so long as identifying information concerning the treatment or delivery of professional services to a patient who has not consented to its public disclosure is deleted or redacted.

(4)           Formal and Informal Hearings:

(a)           The Board, after review of an investigative file, may schedule an informal meeting.

(b)           If the matter cannot be resolved informally, then a formal hearing shall be held.

(c)           Members of the Board shall not make ex parte communication with parties to a hearing.

(5)           Final Orders: Within 60 days, the Board will issue its final decision in writing specifying the date on which it will take effect.  The Board will serve one copy of the decision on each party to the hearing.

(6)           Compliance:  The Board Chair will cause a follow-up inquiry to determine that the orders of the Board are being obeyed.

 

Authority G.S. 90-626(5), (6), (7), (13).

 

21 NCAC 30 .0906             SUMMARY SUSPENSION

The Board may impose an immediate suspension of licensure in cases where the continued practice of a massage and bodywork therapist poses an imminent and continuing threat to public health, welfare or safety so long as the Board schedules a hearing to occur within 60 days of the effective date of the suspension order.

 

Authority G.S. 90-626(3)

  

Rule Change Updates July 21, 2016

The Rules Review Commission approved amendments to Rules .0201, .0701 and .0702 of the North Carolina Board of Massage and Bodywork Therapy (Board).  Rules .0201 and .0701 became effective October 1, 2015 and Rule .0702 became effective November 1, 2015.   The Board is currently developing guidelines for a contractual agreement to approve continuing education providers and courses.  The Federation of State Massage Boards (FSMTB) and the National Certification Board in Therapeutic Massage and Bodywork (NCB) have agreed to work on a joint effort to provide approval and oversight for continuing education and they are currently working on the details of that effort.  The Board is waiting to review the final product developed by the FSMTB/NCB collaboration before developing guidelines for a contractual agreement to approve continuing education providers and courses.  Due to this delay, the changes to continuing education will begin no earlier than August 1, 2017 for those licensees whose licenses expire December 31, 2019 and have to renew their license by November 1, 2019.  The changes to continuing education will NOT affect licensees whose licenses expire December 31, 2016, December 31, 2017 or December 31, 2018. 

  

New Rule Amendments - November 2, 2015

The Rules Review Commission approved amendments to Rules .0201, .0701 and .0702 of the North Carolina Board of Massage and Bodywork Therapy.  Rules .0201 and .0701 became effective October 1, 2015 and Rule .0702 became effective November 1, 2015.   The Board is currently developing guidelines for a contractual agreement to approve continuing education providers and courses.  The changes to continuing education will begin August 1, 2016 for those licensees whose licenses expire December 31, 2018 and have to renew their license in 2018.  The changes to continuing education will NOT affect licensees whose licenses expire December 31, 2016 or December 31, 2017. 

The texts of the changes are as follows:

TITLE 21 OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS

 

CHAPTER 30 - BOARD OF MASSAGE AND BODYWORK THERAPY

 

 

SECTION .0200 Application for License

 

21 NCAC 30 .0201             Application and scope

(a)  Each applicant for a license as a massage and bodywork therapist shall complete an application form provided by the Board. application.  The application shall include the following:

(1)           full name (last name, first name, middle name and maiden name, if applicable);

                (2)          name as the applicant wants it to appear on license (must be part or all of applicants legal name);

                (3)           current residence;

                (4)           mailing address;

                (5)           city, state, zip code and county;

                (6)           Social Security Number;

                (7)           city and state of birth;

                (8)           date of birth;

                (9)           telephone number (e.g. home, mobile and business);

                (10)         email address;

                (11)         trade name or business name (if applicable);

                (12)         business address;

                (13)         type of license applying for (Regular, License by Endorsement A or License by Endorsement B);

                (14)         examination agency (FSMTB, NCCAOM or NCBTMB, if applicable);

                (15)         exam taken (MBLEx, NCETMB, NCETM or ABTE, if applicable);

                (16)         whether or not a U.S. citizen;

                (17)         physical description (gender, height, eye color, race, weight and hair color);

                (18)         place of residence for the previous ten years including date, street address, city, state, zip code and county;

               (19)         professional experience for the previous ten years including date, job title, type of business, hours worked per week, employers name, address, state, zip code, area code and phone number and reason for leaving, if applicable;

                (20)         education (high school, college/university, graduate or professional) including name of educational institution, city, state, zip code, whether or not you were issued a certificate, diploma or degree and month and year of graduation;

               (21)         previous or current licensure, registration or certification in another state or territory, including state, license, registration or certification type, license or credential number, date issued and date of expiration;

                (22)         professional affiliations and achievements;

                (23)         whether the applicant has had any of the following situations and explain such instances:

                                (a)           charged with, arrested for, convicted of, or plead guilty or no contest to a violation of any law;

                                (b)           had a drivers license canceled, suspended or revoked;

                                (c)           pending charges in any state or jurisdiction;

                       (d)           violated any federal or state statue or rule which relates to massage and bodywork therapy or any other healthcare profession;

                                (e)          obtained or attempted to obtain compensation by fraud or deceit;

                      (f)          involved in a civil suit related to your practice of massage and bodywork therapy or other healthcare profession;

                                (g)           had any judgments entered against you;

                                (h)           expelled, fired, asked to resign or otherwise suspended from any educational institution;

                                (i)            fired, asked to resign or otherwise suspended from employment;

                                (j)            denied a massage therapy license or a license for any other healthcare profession;

                                (k)           had a license revoked or suspended;

                              (l)            have any formal disciplinary charges pending or action taken by any masage or bodywork therapy licensing board or medical board;

                                (m)          been diagnosed with a mental illness;

                                (n)           been diagnosed as being dependent on alcohol or drugs;

                                (o)           abused alcohol or drugs;

                                (p)           been evaluated or treated for mental health or substance abuse issues;

                                (q)           used any drug or alcohol to the extent it adversely affected your professional competence or employment;

                (24)      an attestation under oath before a notary that the information on the application is true and also complete an affidavit of applicant to the Board of all information pertaining to the application.

 

(b)  This form application shall be submitted to the Board and shall be accompanied by:

(1)           One original color photograph of the applicant taken within six months preceding the date of the application of sufficient quality for identification.  The photograph shall be of the head and shoulders, passport type, two inches by two inches in size;

(2)           The proper fees, as required by Rule .0204 of this Section and G.S. 90-629.1(b);

(3)           Documentation that the applicant has earned a high school diploma or equivalent;

(4)           Documentation that the applicant is 18 years of age or older;

(5)           Documentation that the applicant has successfully completed a course of study at a school approved by the Board according to these rules and consisting of a minimum of 500 classroom hours of supervised instruction. If the applicant attended a school which that is not approved by the Board, the Board may elect to review that applicants school and educational credentials for approval curriculum on a case-by-case basis. The documentation of such training must shall come from a school which that is licensed by the educational licensing authority in the state, territory or country in which it operates, or is exempt by statute. operates. In North Carolina the documentation must shall come from a proprietary school approved by the Board or a college-based massage program that is exempt from Board approval. The curriculum must shall meet or be substantially equivalent to the standards set forth in Rule .0620(2) of this Chapter;

(6)         Documentation that the applicant has achieved a passing score on a competency assessment examination adminstered by the Board or approved by the Board that meets generally accepted psychometric principles and standards;

(7)          Forms provided by the Board containing signed Signed statements from two four persons attesting to the applicant's good moral character and adherence to ethical standards; character;

                (8)           Fingerprint card provided by the Board and executed by an official a fingerprinting agency,

                                and

              (9)             A form provided by the Board consenting Consent to a criminal history record check by the North

                               Carolina Department of Justice.

 

Authority G.S. 90-626(2); 90-629

 21 NCAC 30 .0701     CONTINUING EDUCATION REQUIREMENTS

(a)  Pursuant to G.S. 90-632, a licensee, when renewing a license, shall document that they have completed at least 24 contact hours of approved continuing education during the immediately preceding licensure period, provided the licensure period is two years or more.  If the licensure period is less than two years, but more than one year, the licensee shall document that they have completed at least 12 contact hours of approved continuing education.

(b)  For the purposes of this Section, "approved continuing education" means a course offered as follows:

(1)           by an approved provider as defined in Rule .0702; or

(2)           a course approved by the National Certification Commission for Acupuncture and Oriental Medicine (NCCAOM); or

(3)(2)      a course in anatomy, physiology, pathology pathology, psychology, pharmacology, massage and bodywork therapy or business management taken at a post secondary institution of higher learning.

(c)  Distance learning, as defined in Rule .0702 of this Section, shall not comprise more than 12 hours of the required continuing education hours per licensure period.

(d)  Licensees shall document that they have completed at least three contact hours of continuing education in professional ethics as defined in Rule .0702 of this Section, out of the minimum of 24 hours of approved continuing education required for license renewal.  This may be obtained through supervised classroom instruction or distance learning.

(e)  Business management, as defined in Rule .0702 of this Section, shall not comprise more than three eight hours of the minimum 24 hours of approved continuing education required for license renewal.

(f)  Licensees shall ensure that each continuing education course for which they claim credit on their application for renewal of licensure is consistent with the definitions and requirements set forth in this Section.

(g)  The Board may audit licensees at random to assure compliance with these requirements.

 

History Note:        Authority G.S. 90-626(9); 90-632(a)(1)

 

 

21 NCAC 30 .0702     CONTINUING EDUCATION DEFINITIONS

 

 

The following definitions apply to this Section:

(1)           Continuing education. -- Learning experiences that enhance and expand the skills, knowledge, and attitudes of massage and bodywork therapists that enable them to render competent professional service to clients, the profession and the public.

(2)           Distance learning. -- Courses taken by home study that are produced by an approved provider, whether delivered by videotape, audiotape, printed materials, or computer-based means. The licensee shall demonstrate achievement of learning objectives and completion of course requirements to the provider before credit is given.

(3)           One "contact hour" of continuing education. -- At least 50 minutes of any one clock hour

               during which the student participates in a learning activity in the physical presence of an

               instructor, or in a distance learning activity designed by an approved provider. One

               semester credit hour at a post-secondary institution shall be equivalent to 16 21 contact

               hours.

(4)           Professional ethics. -- A system of conduct guided by principles which that are intended to ensure the safe and effective practice of massage and bodywork therapy. Acceptable subject matter for required professional ethics courses may include: compliance with Practice Act and Rules of the Board, management of the client/therapist relationship, boundary functions, professional communication skills, conflict resolution, cultural diversity issues, and standards of practice.

(5)           Business management. -- Courses that enable the licensee to learn and apply business skills to create a successful professional practice.

(6)           Post secondary institution of higher learning A degree granting institution accredited by an accrediting agency recognized by the United States Department of Education.

(7)           Approved provider. -- One that has been granted the designation of "Approved Provider for Continuing Education" by the National Certification Board for Therapeutic Massage and Bodywork (NCBTMB).  One that has been approved by any entity with which the Board has reached a contractual agreement for the approval of continuing education providers and courses.  A list of accrediting entities with which the Board has entered into a contractual agreement is available on the Boards website at www.bmbt.org.  The provider shall have this designation when the course begins and shall maintain this designation continuously until the course is completed.  The Board does not recognize any retroactive designation of provider approval. Except as herein stated, the provider shall follow all regulations set forth by its accrediting agency.  The Board may also recognize a verifiable continuing education provider outside the United States or its territories that is a post-secondary institution of higher learning approved by the educational regulation authority of that foreign country.

 

History Note:        Authority G.S. 90-26(9); 90-632;

 

Schedule Change for recent rules amendments and adoptions

Schedule change for consideration of rule amendments and adoptions by the Rules Review Commission:

The Board received additional comments from the Rules Review Commission attorneys, on Rules .0201, .0701, .0702 and .1001-.1015.  The Board requested that consideration of the rules by the RRC be extended from its July 16, 2015 meeting to its September 17, 2015 meeting. 

Public hearing for rules amendments and adoptions

The North Carolina Board of Massage and Bodywork Therapy will be holding a public hearing to discuss three (3) amendments and fifteen (15) adoptions to the Rules and Regulations of the Board.  This hearing is mandated by G.S. 150B-21.2(c) and will be held at 10:00 a.m. on April 23, 2015 in the large conference room on the 13th floor of the Wells Fargo Bank building, 150 Fayetteville Street, Raleigh, N.C. 27601. 

The texts of the changes are as follows:

TITLE 21 OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS

 

CHAPTER 30 - BOARD OF MASSAGE AND BODYWORK THERAPY

 

Notice is hereby given in accordance with G.S. 150B-21.2 that the NC Board of Massage and Bodywork Therapy intends to amend the rules cited as 21 NCAC 30 .0201, 21 NCAC 30 .0701, 21 NCAC 30 .0702 and adopt 21 NCAC 30 .1001, .1002, .1003, .1004, .1005, .1006, .1007, .1008, .1009, .1010, .1011, .1012, .1013, .1014 and .1015.

 

Link to agency website pursuant to G.S. 150B-19.1(c):  http://www.bmbt.org/pages/news.html

 

Proposed Effective Date:  August 1, 2015

 

Public Hearing:

Date:  April 23, 2015

Time:  10:00 a.m.

Location:  Wells Fargo Capitol Center, 150 Fayetteville Street, 13th Floor Conference Room, Raleigh, NC  27601

 

Reason for Proposed Action: 

21 NCAC 30 .0201 - These amendments are being submitted to clarify initial application requirements.

21 NCAC 30 .0701 - These amendments are being submitted to clarify continuing education requirements.

21 NCAC 30 .0702 - These amendments are being submitted to clarify continuing education requirements.

21 NCAC 30 .1000  Pursuant to G.S. 90-626 (9), the Board has the power, duty and responsibility to adopt rules related to the approval of massage and bodywork therapy establishments.  In its formative years the Board focused its attention on licensing, renewing and disciplining massage and bodywork therapists and then the approval of massage and bodywork therapy schools.  The Board is now in a position to fulfill its duty to approve massage and bodywork therapy establishments.  The Board will have the authority to discipline establishments that hire unlicensed persons or that offer illegal activities under the guise of massage therapy.  Regulation of massage and bodywork therapy establishments will assist State and local law enforcement by identifying unlicensed establishments and will protect the public by identifying and disciplining establishments that offer illicit, illegal services.

Procedure by which a person can object to the agency on a proposed rule:  Any person may object to either of these proposed rule changes by submitting a written statement to Charles P. Wilkins at P.O. Box 2539, Raleigh, NC 27602, postmarked on or before May 15, 2015.

 

Comments may be submitted to:  Charles P. Wilkins, P.O. Box 2539, Raleigh, NC 27602; phone (919) 546-0050; fax (919) 833-1059; email cwilkins@bws-law.com

 

Comment period ends:  May 15, 2015

 

Procedure for Subjecting a Proposed Rule to Legislative Review:  If an objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission after the adoption of the Rule. If the Rules Review Commission receives written and signed objections after the adoption of the Rule in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1).  The Commission will receive written objections until 5:00 p.m. on the day following the day the Commission approves the rule.  The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission.  If you have any further questions concerning the submission of objections to the Commission, please call a Commission staff attorney at 919-431-3000.

 

SECTION .0200 APPLICATION FOR LICENSE

 

21 NCAC 30 .0201             APPLICATION AND SCOPE

Each applicant for a license as a massage and bodywork therapist shall complete an application form provided by the Board. This form shall be submitted to the Board and shall be accompanied by:

(1)           One original color photograph of the applicant taken within six months preceding the date of the application of sufficient quality for identification.  The photograph shall be of the head and shoulders, passport type, two inches by two inches in size;

(2)           The proper fees, as required by Rule .0204 of this Section and G.S. 90-629.1(b);

(3)           Documentation that the applicant has earned a high school diploma or equivalent;

(4)           Documentation that the applicant is 18 years of age or older;

(5)           Documentation that the applicant has successfully completed a course of study at a school approved by the Board according to these rules and consisting of a minimum of 500 classroom hours of supervised instruction. If the applicant attended a school which is not approved by the Board, the Board may elect to review that applicants school and educational credentials for approval on a case-by-case basis. The documentation of such training must come from a school which is licensed by the educational licensing authority in the state, territory or country in which it operates, or is exempt by statute. In North Carolina the documentation must come from a proprietary school approved by the Board or a college-based massage program that is exempt from Board approval. The curriculum must meet or be substantially equivalent to the standards set forth in Rule .0620(2) of this Chapter;

(6)           Documentation that the applicant has achieved a passing score on a competency assessment examination adminstered by the Board or approved by the Board that meets generally accepted psychometric principles and standards;

(7)           Forms provided by the Board containing signed statements from two four persons attesting to the applicant's good moral character and adherence to ethical standards;

                (8)          Fingerprint card provided by the Board and executed by an official fingerprinting agency,

                              and

                (9)         A form provided by the Board consenting to a criminal history record check by the North

                              Carolina Department of Justice.

 

Authority G.S. 90-626(2); 90-629

 

21 NCAC 30 .0701     CONTINUING EDUCATION REQUIREMENTS

(a)  Pursuant to G.S. 90-632, a licensee, when renewing a license, shall document that they have completed at least 24 contact hours of approved continuing education during the immediately preceding licensure period, provided the licensure period is two years or more.  If the licensure period is less than two years, but more than one year, the licensee shall document that they have completed at least 12 contact hours of approved continuing education.

(b)  For the purposes of this Section, "approved continuing education" means a course offered as follows:

(1)           by an approved provider as defined in Rule .0702; or

(2)           a course approved by the National Certification Commission for Acupuncture and Oriental Medicine (NCCAOM); or

(3)(2)      a course in anatomy, physiology, pathology pathology, psychology, massage and bodywork therapy or business management taken at a post secondary institution of higher learning.

(c)  Distance learning, as defined in Rule .0702 of this Section, shall not comprise more than 12 hours of the required continuing education hours per licensure period.

(d)  Licensees shall document that they have completed at least three contact hours of continuing education in professional ethics as defined in Rule .0702 of this Section, out of the minimum of 24 hours of approved continuing education required for license renewal.  This may be obtained through supervised classroom instruction or distance learning.

(e)  Business management, as defined in Rule .0702 of this Section, shall not comprise more than three eight hours of the minimum 24 hours of approved continuing education required for license renewal.

(f)  Licensees shall ensure that each continuing education course for which they claim credit on their application for renewal of licensure is consistent with the definitions and requirements set forth in this Section.

(g)  The Board may audit licensees at random to assure compliance with these requirements.

 

History Note:        Authority G.S. 90-626(9); 90-632(a)(1)

 

21 NCAC 30 .0702     CONTINUING EDUCATION DEFINITIONS

The following definitions apply to this Section:

(1)           Continuing education. -- Learning experiences that enhance and expand the skills, knowledge, and attitudes of massage and bodywork therapists that enable them to render competent professional service to clients, the profession and the public.

(2)           Distance learning. -- Courses taken by home study that are produced by an approved provider, whether delivered by videotape, audiotape, printed materials, or computer-based means. The licensee shall demonstrate achievement of learning objectives and completion of course requirements to the provider before credit is given.

(3)           One "contact hour" of continuing education. -- At least 50 minutes of any one clock hour

               during which the student participates in a learning activity in the physical presence of an

               instructor, or in a distance learning activity designed by an approved provider. One

               semester credit hour at a post-secondary institution shall be equivalent to 16 21 contact

               hours.

(4)           Professional ethics. -- A system of conduct guided by principles which are intended to ensure the safe and effective practice of massage and bodywork therapy. Acceptable subject matter for required professional ethics courses may include: compliance with Practice Act and Rules of the Board, management of the client/therapist relationship, boundary functions, professional communication skills, conflict resolution, cultural diversity issues, and standards of practice.

(5)           Business management. -- Courses that enable the licensee to learn and apply business skills to create a successful professional practice.

(6)           Post secondary institution of higher learning A degree granting institution accredited by an accrediting agency recognized by the United States Department of Education.

(7)           Approved provider. -- One that has been granted the designation of "Approved Provider for Continuing Education" by the National Certification Board for Therapeutic Massage and Bodywork (NCBTMB).  One that has been approved by an entity with which the Board has reached a contractual agreement for the approval of continuing education providers and courses.  The provider shall have this designation when the course begins and shall maintain this designation continuously until the course is completed.  The Board does not recognize any retroactive designation of provider approval. Except as herein stated, the provider shall follow all regulations set forth by its accrediting agency.  The Board may also recognize a verifiable continuing education provider outside the United States or its territories that is a post-secondary institution of higher learning approved by the educational regulation authority of that foreign country.

 

History Note:        Authority G.S. 90-26(9); 90-632;

 

SECTION .1000                 MASSAGE AND BODYWORK THERAPY ESTABLISHMENTS

21 NCAC 30 .1001             DEFINTIONS

In addition to the definitions set forth in G.S. 90-622(1) through (5) and Rule .0102 (1) through (10) of this Chapter, the following definitions apply:

(1) Owner means the person, sole proprietor, partnership, limited partnership, or corporation that operates the massage and bodywork therapy establishment.

(2) Massage and bodywork therapy establishment means any duly licensed site or premises in which massage and bodywork therapy is practiced.  This shall not include:

        (a)           on-site massage performed at the location of the client;

        (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; or

       (e)       a student clinic run 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 is licensed by the North Carolina Community College System or The University of North Carolina Board of Governors.

(3) Business name means the name under which the owner applies for the establishment license to provide massage therapy, if different from the name of the owner.

(4) "Sole practitioner" means one 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.

 

Authority G.S. 90-626(9)         

21 NCAC 30 .1002             LICENSURE OF MASSAGE AND BODYWORK THERAPY ESTABLISHMENTS

(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:

(1)           the fee set forth in G.S. 90-628(b)(1) and (2);

(2)           proof of property damage and bodily injury liability insurance coverage;

(3)           verifications from all state licensing boards from which the owner holds or has held any health related professional license;

(4)           criminal history documentation;

               (5)            ownership information, including type of ownership, name of owner, name of authorized representative, if owner is not a person, address of establishment, social security number or federal tax identification number, email address, phone number, and hours of operation;

                (6)           previous licensure and disciplinary history; and

                (7)           signature of all owners or authorized representative, if owner is not a person;

(b)   The Massage and Bodywork Therapy Establishment Licensure Application and the application instructions may be obtained from the Board office at 150 Fayetteville Street, Suite 1900, Raleigh, NC 27601 or from the website located at http://www.bmbt.org.

(c) 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.

(d) An owner may operate an establishment under a name other than the name of the owner, provided  the owner complies with Rule .0402 of this Chapter. Any advertisement by the establishment shall include the business name, and shall comply with Rule .0404 of this Chapter.

 

Authority G.S. 90-626(9)

21 NCAC 30 .1003             REQUIREMENTS FOR LICENSURE

Upon application to the Board and the payment of the required fees required in Rule .1013 of this Chapter, an applicant shall be licensed as a massage and bodywork therapy establishment if the applicant meets all of the following qualifications:

(1)           employs, hires, or plans to employ or hire a massage and bodywork therapist who holds a current license from the Board;

(2)           has space and facilities for providing massage and bodywork therapy services;

(3)           has restroom facilities;

       (4)            has property damage and bodily injury liability insurance coverage for the proposed establishment. If the establishment is operated under a business name, the proof of insurance shall include both the name of the owner and the business name;

 (5)          has completed a self evaluation inspection report showing compliance with this Rule;

 (6)         has submitted fingerprint cards 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 North Carolina Department of Justice; and

 (7)          has satisfied G.S. 90-629(3).

 

Authority G.S. 90-626(2); 90-626(3)

21 NCAC 30 .1004             MASSAGE ESTABLISHEMENT OPERATIONS

(a)  Each owner shall meet the following facility requirements:

(1)           comply with all local building code requirements, state fire safety codes, and state health inspection codes;

(2)           provide for the use of clients a restroom with at least one toilet and one sink with running water. The facilities shall be equipped with toilet tissue, soap dispenser with soap or other hand cleaning materials, sanitary towels or other hand‑drying device such as a wall‑mounted electric blow dryer, and waste receptacle. Restroom and shower facilities and fixtures shall be maintained in good repair, lighted and ventilated, and in compliance with State and local building codes;

(3)           maintain toilet facilities in a common area of the establishment. Establishments located in buildings housing multiple businesses under one roof, such as shopping malls, terminals, or hotels may substitute centralized toilet facilities; and

(4)           if equipped with a whirlpool bath, sauna, steam cabinet, or steam room, maintain clean shower facilities on the premises.

(b)  A licensed massage and bodywork therapist shall:

(1)           be on the premises of the establishment if a client is in a treatment room for the purpose of receiving massage or bodywork therapy; and

(2)           administer all massage or bodywork therapy treatment sessions.

(c)  Each owner shall meet the following safety and sanitary requirements:

        (1)           provide for safe and unobstructed human passage in the public areas of the premises;

        (2)           provide for removal of garbage and refuse;

        (3)           provide for safe storage or removal of flammable materials;

        (4)           exterminate all vermin, insects, termites, and rodents on the premises;

(5)           maintain all equipment used to perform massage services on the premises in a safe and sanitary condition, including the application of cleansers and bactericidal agents to the massage table. Clean sheets, towels, or other coverings shall be used for each client and to cover the massage table for each client; and

(6)           maintain a supply of clean drapes, towels, gowns, or sheets, for the purpose of draping each client while the client is being massaged, and launder before reuse all linens furnished for the personal use of the client.

 

Authority G.S. 90-626(9)

21 NCAC 30 .1005             CLIENT RECORDS RETENTION AND OWNERSHIP

(a)  Records shall be maintained for every client, regardless of the procedure or modality used during the massage and bodywork therapy session.  Client records shall be maintained by the licensee or practice owner as follows:

(1)           in a secure manner that protects the confidentiality of the client and protects the records  from damage or destruction; and

(2)           for at least four years after the termination of the client-therapist relationship and shall be  disposed of by shredding or burning.

(b)  Records stored electronically shall be maintained with a weekly back-up system. 

(c)  Client records are the property of the:

                (1)           licensee when working as a sole proprietor or independent contractor; or

                (2)           practice owner, if the licensee is an employee.

(d)  Release of Records.

(1)           client records shall be released within thirty days when requested and authorized by the client in writing or when compelled by law or regulation.

                (2)           record owners may charge actual cost for duplicating client records.

 

Authority G.S. 90-626(9)

21 NCAC 30 .1006             INSPECTION UPON APPLICATION FOR LICENSE

Upon receipt of an application for a massage and bodywork therapy establishment license, employees of the Board shall inspect the site to confirm that the criteria enunciated in Rule .1003 of this Chapter are satisfied.

Authority G.S. 90-626(5); 90-626(9)

21 NCAC 30 .1007             PERIODIC INSPECTIONS

The Board may inspect all massage and bodywork therapy establishments licensed in this State to ensure compliance with the Rules in this Chapter and Article 36 of G.S. Chapter 90.

Authority G.S. 90-626(5); 90-626(9)

21 NCAC 30 .1008             TRANSFER OF MASSAGE AND BODYWORK THERAPY ESTABLISHMENT LICENSE

(a) When there is no change of ownership or location, the owner may change the business name of the establishment.  The owner shall apply for a change of business name by submitting in writing to the Board a change of name request accompanied by the fee provided in G.S. 90-628(b)(5).  When a massage and bodywork therapy establishment business name is changed, without a change in ownership or location, a new establishment inspection shall not be required.

(b) When there is no change of ownership, the owner of a massage and bodywork therapy establishment may transfer the license from one location to another.  The owner shall apply for a change of location by submitting in writing to the Board a change of location accompanied by the fee provided in G.S. 90-628(b)(5).  A massage and bodywork therapy establishment license may not be transferred from one location to another until compliance with Rules .1003 and .1004 of this Chapter. 

Authority G.S. 90-626(9)

21 NCAC 30 .1009             SEXUAL ACTIVITY PROHIBITED

(a) Sexual activity by any person or persons in any massage and bodywork therapy establishment shall be 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 or use such establishment to make arrangements to engage in sexual activity in any other place.

Authority  G.S. 90-623(d)(4); 90-626(9); 90-633(a)(12)

21 NCAC 30 .1010             DISCIPLINARY SANCTIONS; REPORTING REQUIREMENTS

The Board may utilize disciplinary sanctions for establishments set forth in Rule .0905(b) of this Chapter, if the licensed massage and bodywork therapy establishment violates the following:

 (1)          any statute or rule required for licensure or approval of that establishment by any other licensing or approval authority; or

 (2)          any applicable rule of this Chapter.

 

Authority G.S. 90-626(14); 90-626(15); 90-633(a)(6)

21 NCAC 30 .1011             REFUSAL TO ISSUE, SUSPENSION OR REVOCATION OF LICENSE

The Board may deny, suspend, revoke, discipline, or refuse to approve a massage and bodywork therapy establishment license 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 establishment;

                 (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 be licensed to practice massage and bodywork therapy in this state;

                (4)           operating a massage and bodywork therapy establishment 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 establishment as approved by this Board;

(8)           failure to allow Board members, employees,                 attorneys, or Board authorized inspectors  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 its accrediting agency or the North Carolina Department of Health and Human Services of a show cause action, probation action, or denial of accreditation; and

                (10)                 the applicant for or holder of 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.

 

Authority G.S. 90-633(a)

 

21 NCAC 30 .1012             UNLICENSED PRACTICE

A massage and bodywork therapy establishment shall not employ or contract with any person in this State to provide massage and bodywork therapy unless such person has obtained a current license to practice massage and bodywork therapy in this State. 

 

Authority G.S. 90-626(3); 90-626(9)

21     NCAC 30 .1013          FEES

(a)  Fees shall be as follows:

(1)

Application for Examination of Requirements for License

$  20.00

(2)

License fee

  150.00

(3)

License renewal

  100.00

(4)

Late renewal penalty

    75.00

(5)

Duplicate license

    25.00

(b)  Fees shall be nonrefundable and shall be paid in the form of a cashier's check, certified check, or money order made payable to the North Carolina Board of Massage and Bodywork Therapy.

(c)  If the applicant is currently licensed to practice massage and bodywork therapy in North Carolina and is practicing massage and bodywork therapy as a sole practitioner, the establishment license fee and license renewal fee shall be waived.

 

Authority G.S. 90-626(8); 90-626(9); 90-628(b)

21 NCAC 30 .1014             TERM OF LICENSE

(a)  Initial applications for licensure submitted between October 1 and December 31 shall be granted for two full years, plus the additional period of up to three months. Initial applications submitted between January 1 and September 30 shall pay the full fee, but the initial license period shall be two years, minus the period following January 1.

(b)  Pursuant to G.S. 90-632, a license shall be renewed for a term of two years, beginning on January 1 following the initial expiration date.

 

Authority G.S. 90-626(9); 90-632(a)

21 NCAC 30 .1015             BACKGROUND INVESTIGATION REQUIRED FOR APPLICANT

At the request of the Board, the applicant shall provide all documentation related to the applicants compliance with G.S. 90-629(3).

 

Authority G.S. 90-629.1

 

  

Rules Review as required by House Bill 74

House Bill 74, which was passed in the 2013 Session of the North Carolina Legislature, requires all state agencies, including occupational licensing boards, to review the North Carolina Administrative Code (NCAC) (aka rules) every ten years. In accordance with the bill, the Board has begun reviewing its rules, NCAC Title 21 Occupational Licensing Boards and Commissions, Chapter 30 Massage and Bodywork Therapy.

The Boards website, www.bmbt.org, includes a spreadsheet that lists all the Boards 78 rules and their corresponding determinations, as well as the full text of the 78 rules.

Public comments about the rules must be written with objection to a rule in whole or in part from any member of the public, including an association or other organization representing the regulated community or other members of the public. In order for a comment to be considered by the Rules Review Commission (RRC), the comment must address the content of the rule.

Comments may be sent via US Postal Service (USPS) or other delivery service (UPS, FedEx, etc.) and electronic submission including email. All comments must be USPS postmarked, delivered or emailed as of June 21, 2014, to be accepted.

US Mail
North Carolina Board of Massage and Bodywork Therapy
PO Box 2539
Raleigh, NC 27602

Delivery Service
North Carolina Board of Massage and Bodywork Therapy
150 Fayetteville Street, Suite 1900
Raleigh, NC 27601

Email
admin@bmbt.org, Subject: Rules Review

If you have any questions regarding this process, please contact Elizabeth J. Kirk, Administrative Director of the Board at (919) 546-0050 ext. 0 or admin@bmbt.org.