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

NORTH CAROLINA GENERAL STATUTES

ARTICLE 36

Massage and Bodywork Therapy Practice

§ 90-620. Short title.

      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 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. 

§ 90-622. Definitions.

      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)      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 applicant’s 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 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.

 (5)       Practice of massage and bodywork therapy.  The application of massage and bodywork therapy to any person for a fee or other consideration.

§ 90-623. License 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 therapistâ€� 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. Exemptions.

      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. North Carolina Board of Massage and Bodywork Therapy.

      (a)  The North Carolina Board of Massage and Bodywork Therapy is created. The Board shall consist of seven 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.

      (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 member’s 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).

§ 90-626. Powers and duties.

      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 rules necessary to carry out the purposes of this Article and the duties and responsibilities of the Board, including rules related to the approval of massage and bodywork therapy schools, continuing education providers, examinations for licensure, the practice of advanced techniques or specialties, and massage and bodywork therapy establishments. Any rules adopted or amended shall take into account the educational standards of national bodywork and massage therapy associations and professional organizations.

(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.

§ 90-628. Expenses and fees.

      (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:

(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.

      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.

§ 90-629.1.  Criminal history record checks of applicants for licensure.

      (a)   All applicants for licensure 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 applicant’s 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 person’s 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 Board’s 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 applicant’s 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 jurisdiction’s 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.

    (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)    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 Board’s 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 ma