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Recent News

DATE: December 11, 2019

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 as 21 NCAC 30 .1014.

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

Proposed Effective Date: July 1, 2020

Public Hearing:

Date: February 20, 2020

Time: 1:00 p.m.

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

Reason for Proposed Action: The adoption of Rule .1014 is to implement fees for licensure of massage and bodywork therapy establishments.

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

Comment period ends: March 2, 2020

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. Does any rule or combination of rules in this notice create an economic impact? Check all that apply.

State funds affected

Local funds affected

Substantial economic impact (>= $1,000,000)

Approved by OSBM

X No fiscal note required

SECTION .1000 – MASSAGE AND BODYWORK THERAPY ESTABLISHMENT LICENSURE

21 NCAC 30 .1014 FEES

(a) Fees are as follows:

(1) Application for license $20.00

(2) Initial license fee $150.00

(3) License Renewal $100.00

(4) Late renewal penalty $75.00

(5) Duplicate license $25.00

(6) Inspection of establishment $150.00

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

History Note: Authority G.S. 90-632.14;

Eff. July 1, 2020.

DATE: October 26, 2018

Proposed Rules and Regulations

The proposed Rules and Regulations approved by the Board at their June meeting were reviewed by the Rules Review Commission at their September and October 2018 meetings. Due to receiving 10 or more letters of objections to the proposed rules, the rules have been reported to the General Assembly as eligible for legislative review. Below are the updated Rules and Regulations subject to legislative review:

21 NCAC 30 .0302 DISPLAY OF LICENSE

Licensees shall display their Board-issued original license at the licensees' primary place of practice so as to be visible for inspection by the public. Licensees providing massage and bodywork therapy outside their primary place of practice, or at the location of clients, shall have a Board-issued original license or wallet card available for inspection upon request by the public.

21 NCAC 30 .0401 ADDRESS OF RECORD

(a) Each licensee shall notify the Board in writing within 30 days of any change of the licensee's current residence street address and primary place of practice. The licensee shall provide in writing to the Board his or her mailing address, email address, and telephone number for the purposes of receiving communication from the Board and for listing in the registry of licensees.

(b) "Primary place of practice" shall mean:

(1) a licensed establishment owned by the licensee where the licensee provides massage and bodywork therapy; or

(2) a licensed establishment where the licensee provides massage and bodywork therapy, whether as an employee or independent contractor.

(c) If the licensee provides massage and bodywork therapy only at the location of clients, the primary place of practice is the residence address of the licensee.

21 ncac 30 .0405 PLACE OF PRACTICE

Licensees may only engage in the practice of massage and bodywork therapy at a massage and bodywork therapy establishment that is licensed by the Board or at a location that is exempt from establishment licensure as set forth in G.S. 90-622(3a).

21 NCAC 30 .0701 CONTINUING EDUCATION REQUIREMENTS

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

(1) Continuing Education:

(A) Includes attendance and participation at a live presentation by an approved provider pursuant to Rule .0702(7) of this Chapter such as a workshop, seminar, conference, or in-service educational program. It may also include participation in other continuing education activities that require a formal assessment of learning, such as an evaluation or survey. Examples include distance learning, electronic, or Web-based courses;

(B) There are no maximum contact hours in this category; however, distance learning shall not comprise more than 12 contact hours in this category; and

(C) Documentation shall include a certificate of completion or similar documentation including the name of the course, date, author/instructor, sponsoring organization, location, and number of contact hours attended.

(2) Academic Coursework:

(A) Includes participation in on-site or distance learning academic courses from a university, college, or vocational technical adult education course in anatomy, physiology, pathology, psychology, pharmacology, massage and bodywork therapy or business management;

(B) There are no maximum contact hours in this category; and

(C) Documentation shall include an original transcript indicating completion of the course, date, and a description of the course from the school catalogue or course syllabus.

(3) Small Group Study:

(A) Includes on-site, in-person review and discussion, by at least two licensed practitioners, of professional medical journal articles, clinical videotapes or audiotapes related to the practice of massage and bodywork therapy;

(B) There is a maximum of two contact hours in this category; and

(C) Documentation shall include title, author, publisher, time spent, and date of completion. The licensee shall must complete the Small Group Study Form provided by the Board on its website at www.bmbt.org and include a statement that describes how the review and discussion relates to the licensee's current or anticipated roles and responsibilities.

(4) Mentorship Agreement:

(A) Participation as a Mentee;

(i) Participation in a formalized mentorship agreement with a mentor currently licensed by the Board with at least two years of professional experience and as defined by a signed contract between the mentor and mentee provided by or approved by the Board that outlines goals and objectives and designates the plan of activities that are to be met by the mentee. These activities must be related to massage and bodywork therapy skills, knowledge, or practice;

(ii) There is a maximum of five contact hours in this category; and

(iii) Documentation shall include name of mentor and mentee, copy of signed contract, dates, hours spent and focus of mentorship activities, and outcomes of mentorship agreement.

(B) Participation as Mentor:

(i) Participation in a formalized mentorship agreement with a mentee as defined by a signed contract between the mentor and mentee that designates the responsibilities of the mentor and goals and objectives that are to be met by the mentee. These activities must be related to massage and bodywork therapy skills, knowledge, or practice;

(ii) There is a maximum of five contact hours in this category; and

(iii) Documentation shall include name of mentor and mentee, copy of signed contract, dates, hours spent and focus of mentorship activities, and outcomes of mentorship agreement.

(5) Professional Writing:

(A) Publication or written acceptance for publication of a book, chapter, or article evaluated by experts in and related to massage and bodywork therapy;

(B) During the year written or edited a licensee may earn;

(i) 15 contact hours as author of a book;

(ii) 10 contact hours as author of a chapter;

(iii) Five contact hours as author of an article; or

(iv) Five contact hours as listed editor of a book.

(C) Documentation shall consist of full reference for publication including title, author, editor, and date of publication; or copy of acceptance letter, if not yet published; and

(D) Credit for submitted items shall be given for one licensure period only.

(6) Presentation and Instruction:

(A) Presentation for the first time of an academic course, workshop, or seminar related to massage and bodywork therapy;

(B) There is a maximum of five contact hours in this category; and

(7) Professional Meetings and Activities:

(A) Consistent with Rule .0703 of this Section, participation in board or committee work with agencies or organizations to promote and enhance the practice of massage and bodywork therapy;

(B) There is a maximum of five contact hours in this category; and

(C) Documentation shall include the name of the committee or board, the name of the agency or organization, purpose of service, and description of licensee's role. Participation and hours shall be documented in writing by an officer or representative of the organization or committee.

(8) Research and Grants:

(A) Development of or participation in a research project or grant proposal related to massage and bodywork therapy;

(B) A licensee may earn one contact hour for each three hours spent working on a research project or grant proposal. There is a maximum of five contact hours in this category; and

(C) Documentation includes verification stating the name of the research project, dates of participation, major hypotheses or objectives of the project, and licensee's role in the project or name of grant proposal, name of grant source, purpose and objectives of the project, and verification from the grant author regarding licensee's role in the development of the grant if the licensee is not the author.

(b) 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.

(c) 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.

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

(e) Licensees shall ensure that each continuing education course for which they claim credit on their application for renewal of licensure complies with this Section.

(f) The Board shall audit licensees at random to assure compliance with these requirements.

21 NCAC 30 .0702 CONTINUING EDUCATION DEFINITIONS

The following definitions apply to this Section:

(1) Continuing education -- Learning experiences that develop, maintain, enhance, and expand the performance skills, interpersonal abilities, critical reasoning skills, ethical reasoning 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 21 contact hours.

(4) Professional ethics -- A system of conduct guided by principles 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 the 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 licensees to learn business skills to apply to their 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 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 Board's 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 shall not recognize any retroactive designation of provider approval. The provider shall follow all regulations set forth by its accrediting agency. The Board may also recognize a 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.

21 ncac 30 .0703 SCOPE OF QUALIFIED ACTIVITIES FOR MAINTAINING CONTINUING EDUCATION

(a) To be approved by the Board, continuing education activities shall be related to roles and responsibilities in massage and bodywork therapy and serve to protect the public by enhancing the licensee's continuing competence.

(b) Subject matter for approved activities include:

(1) research;

(2) theoretical or practical content related to the practice of massage and bodywork therapy; or

(3) the development, administration, supervision, and teaching of clinical practice or service delivery programs by massage and bodywork therapists.

21 ncac 30 .0902 COMPLAINTS

(a) A complaint regarding a violation of the Practice Act or the rules in this Chapter shall be submitted in writing and shall document:

(1) The name of the licensee, school, person or entity involved;

(2) A description of the alleged behavior or incident; and

(3) The name, mailing address and phone number of the person filing the complaint.

(b) The complaint shall be delivered to the Board administrative offices by mail, private carrier or in person. Complaints transmitted by facsimile or electronic mail shall not be accepted.

21 ncac 30 .0905 DISCIPLINARY SANCTIONS

(a) The following types of disciplinary sanctions regarding licensed massage and bodywork therapists and massage and bodywork therapy establishments (licensees) may be utilized by the Board:

(1) Denial of Application: Refusal to license the applicant;

(2) Letter of Reprimand: This formal expression of disapproval will be retained in the licensee's file but shall not be publicly announced. It is not published, but is released upon request by the public;

(3) Probation: A period of time where restrictions or conditions are imposed on a licensee. Continued licensure is subject to fulfillment of specified conditions;

(4) Suspension of license: A condition of probation. Loss of license for a period after which the licensee shall be required to reapply for licensure or remain on probation;

(5) Refusal of License Renewal: A refusal to reinstate or renew a license;

(6) Revocation of license: An involuntary termination of a license;

(7) Injunction: A court action prohibiting or compelling conduct by a licensee; or

(8) Assessment of a civil penalty.

(b) The following types of disciplinary sanctions regarding schools of massage and bodywork therapy may be utilized by the Board:

(1) Denial of Application: Refusal to grant approval to the applicant school;

(2) Letter of Reprimand: A formal expression of disapproval will be retained in the school's file but shall not be publicly announced. It is not published, but is released upon request by the public;

(3) Probation: A period of time where restrictions or conditions are imposed on an approved school. Continued approval is subject to fulfillment of specified conditions;

(4) Suspension of approval: A condition of probation. Loss of approval status for a period after which the school shall be required to reapply for approval or remain on probation;

(5) Refusal of Approval: A refusal to reinstate or renew a school's approval status;

(6) Revocation of Approval: An involuntary termination of school's approval status;

(7) Injunction: A court action prohibiting or compelling conduct by a school; or

(8) Assessment of a civil penalty.

(c) During an investigation, the Board may request information from professional associations, professional review organizations (PROs), hospitals, clinics or other institutions in which a licensee performs professional services, regarding chemical abuse or incompetent or unethical behavior.

(d) During an investigation, the Board may request information from state regulatory agencies, accrediting commissions, or other institutions that oversee the activities of a school.

(e) The Board shall provide notice of sanction taken by it to other public entities to ensure that other state boards, national certification boards, professional associations, enforcement authorities, and accrediting agencies receive the names of licensees and schools disciplined.

21 NCAC 30 .1001 Establishment LICENSE REQUIRED

(a) For purposes of the rules in this Chapter, "establishment" means "massage and bodywork therapy establishment" as defined in G.S. 90-622.

(b) An establishment license granted by the Board shall be for a single location. An owner who intends to operate additional locations shall submit an application for licensure for each location.

(c) Establishments already in operation on the date this Section becomes effective shall have 180 days from the effective date to submit an application for licensure to the Board.

21 NCAC 30 .1002 TERM OF LICENSE

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

(b) Pursuant to G.S. 90-630.5, an establishment license shall be renewed for a term of two years, beginning on January 1 following the initial expiration date.

21 NCAC 30 .1003 INITIAL APPLICATION FOR licensure

A massage and bodywork therapy establishment seeking initial licensure shall submit an application on a form provided by the Board containing the information set forth in G.S. 90-632.11 and the following:

(1) Ownership information, including:

(a) type of ownership structure;

(b) names, residence addresses, phone numbers, and email addresses of all persons who have an ownership interest in the establishment, including parent corporations; and

(2) Location information, including:

(a) Physical address of the establishment, and mailing address if different;

(b) Website address, if any; and

(3) Trade name of establishment, if different from owner's name;

(4) List of all LMBTs hired as employees or contracted with as independent contractors to provide treatment to clients, if known, or, if not known, submit to the Board within 60 days following granting of a license to operate;

(5) Copy of lease or name, address, phone number and email address of lessor, if establishment does not own its facility;

(6) Copy of city or county business license, if required; and

(7) Completed self-evaluation inspection report demonstrating compliance with Rule .1004.

21 NCAC 30 .1004 ESTABLISHMENT OPERATIONS

Licensed establishments shall comply with the following requirements:

(1) Facility requirements:

(a) comply with State and local building code requirements, State fire safety codes, and State health inspection codes;

(b) provide for the use of clients and therapists a restroom with at least one toilet and one sink with running water. The facilities shall be equipped with toilet tissue, a 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 shall be lighted, ventilated, and maintained. Establishments located in buildings housing multiple businesses under one roof, such as shopping malls, terminals, or hotels, may substitute centralized toilet facilities;

(c) if equipped with a whirlpool bath, sauna, steam cabinet, or steam room, maintain shower facilities on the premises; and

(d) display the original Massage and Bodywork Therapy Establishment License, and the licenses of all LMBTs in a place at the establishment so as to be visible for inspection by the public.

(2) Safety and sanitary requirements:

(a) provide for human passage in the public areas of the premises;

(b) provide for removal of garbage;

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

(e) maintain all equipment used to perform massage and bodywork therapy services on the premises. Clean sheets, towels, or other coverings shall be used to cover the massage table for each client; and

(f) 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.

(3) Treatment requirements:

(a) All massage and bodywork therapy treatments shall be administered by LMBTs licensed in North Carolina; and

(b) The establishment is responsible for ensuring that the Standards of Professional Conduct set forth in Section .0500 of this Chapter are maintained in its facility by all owners, employees, and independent contractors.

(4) Business and advertising requirements:

(a) notify the Board in writing of all assumed name certificates filed by the establishment owner with any county register of deeds pursuant to the requirements of G.S. 66-71.1 through 66-71.15;

(b) notify the Board within 30 days of changes to the LMBT staff who provide massage and bodywork therapy services at the establishment, including employees and independent contractors; and

21 NCAC 30 .1005 CLIENT RECORDS RETENTION AND OWNERSHIP

(a) Records shall be maintained by the establishment or the LMBT in compliance with Rules .0504 and .0505 of this Chapter.

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

(1) Establishment; or

(2) LMBT, when working at an establishment.

(d) Release of Records:

(1) Client records shall be released within 30 days from being requested and authorized by the client in writing or when compelled by law or rule; and

(2) The establishment or LMBT may charge cost for duplicating client records pursuant to G.S. 90-411.

21 NCAC 30 .1006 INSPECTIONS

(a) Upon receipt of an application for a massage and bodywork therapy establishment license, employees or representatives of the Board may inspect the location upon allegations of violations of the Practice Act and Rules to verify Rules .1003 and .1004 of this Chapter are satisfied.

(b) The Board may inspect all licensed establishments upon allegations of violations of the Practice Act and Rules to ensure compliance with the Practice Act. Inspectors shall respect the client's safety, comfort, and privacy.

(c) During any inspection, if the posted establishment license is expired, suspended, or revoked, the establishment license shall be removed from the establishment by the inspector and returned to the Board, and the owner whose license was expired, suspended, or revoked shall be notified by the Board. During any inspection, if any license for a massage and bodywork therapist posted in the establishment is expired, suspended, or revoked, the massage and bodywork therapist license shall be removed from the establishment and shall be returned to the Board by the inspector. The person whose license was expired, suspended, or revoked shall be notified and a hearing scheduled if requested by that person.

21 NCAC 30 .1007 CHANGE OF TRADE NAME

When there is no change of owner or location, the owner may change the trade name of the establishment in compliance with Rules .0402 and .0403 of this Chapter. The owner shall notify the Board in writing of the change of name. A new trade name shall not be used until the establishment is in compliance with this Rule. When an establishment trade name is changed without a change in owner or location, a new establishment facility inspection shall not be required.

21 NCAC 30 .1008 CHANGE OF LOCATION

An establishment license shall not be transferable when there is a change in the physical location of the establishment. The owner shall submit a new application for licensure. The Board may issue temporary operating approval to the owner for the new location for a period of 90 days if the establishment held a valid license prior to the change, and the Board finds that the new location will qualify for licensure upon preliminary review of the application.

21 NCAC 30 .1009 TRANSFER OF OWNERSHIP

(a) When there is a transfer in the majority ownership interest of the business, the new majority owner shall submit a new application for licensure. The Board may issue temporary operating approval to the new majority owner for a period of 90 days, if the establishment held a valid license prior to the change and the Board finds that the new majority owner will qualify for licensure upon preliminary review of the application.

(b) When there is a transfer of ownership that does not involve a change in the majority ownership interest in the business, or a change in the ownership structure, the owner shall notify the Board of the changes within 30 days, and submit fingerprint cards as required by G.S. 90-632.11 for new persons with ownership interests.

21 NCAC 30.1010 INFORMING BOARD OF VIOLATIONS

(a) Establishment licensees with knowledge of alleged violations of the rules of this Chapter or the Practice Act shall inform the Board within five business days, whether or not the alleged violations are also reported to a law enforcement agency. This shall include, but is not limited to, the following violations:

(1) An LMBT or other employee or contractor of the establishment who has violated the prohibition on sexual activity, as defined in Rules .0508 and .0509 of this Chapter;

(2) An LMBT who has engaged in behavior where there is a potential for malpractice as defined in Rule .0102(6) of this Chapter; or

(3) Any person practicing massage and bodywork therapy without a license.

(b) Establishment licensees that have discharged an LMBT for cause, related to failure to uphold the Standards of Professional Conduct set forth in Section .0500 of this Chapter shall inform the Board within 10 business days of the action.

21 NCAC 30 .1011 CONTINUING DUTY TO REPORT CERTAIN CRIMES AND CIVIL SUITS

(a) Establishment licensees shall report to the Board any charges, convictions of, or pleas of guilty or no contest to the following criminal offenses, whether committed by themselves, employees, independent contractors, or by other licensees:

(1) felonies;

(2) crimes that involve moral turpitude;

(3) alcohol or drug-related offenses;

(4) sexual-related offenses; and

(5) assault.

(b) Establishment licensees shall report to the Board if they are named as a defendant in a civil suit arising out of a licensee's practice of massage and bodywork therapy or out of the practice of massage and bodywork therapy by any employee or independent contractor.

(c) Establishment licensees shall report a charge, conviction, plea in a criminal case, or involvement as a defendant in a civil suit, as set forth in Paragraphs (a) or (b) of this Rule, within 30 days after the licensee obtains knowledge.

21 NCAC 30 .1012 LICENSE RENEWAL

(a) Any establishment licensee renewing a license shall comply with all requirements for licensure and shall submit the required renewal fee pursuant to G.S. 90-632.14(a)(3).

(b) An establishment license that has not been renewed prior to its expiration date is expired and shall submit an initial application for licensure pursuant to Rule .1003 of this Chapter.

(c) Any owner whose establishment license has expired and who engages in or permits any massage and bodywork therapy activities governed by the Practice Act shall be subject to the penalties prescribed in G.S. 90-634 and G.S. 90-634.1.

(d) Members of the armed forces whose establishment licenses are in good standing and to whom G.S. 105-249.2 grants an extension of time to file a tax return shall be granted that same extension of time to pay the establishment license renewal fee. A copy of military orders and the extension approval by the Internal Revenue Service shall be furnished to the Board to be granted the extension of time to pay the renewal fee.

21 NCAC 30 .1013 ADDRESS OF RECORD

Each licensed establishment shall notify the Board in writing within 30 days of any change of the street address of the licensee's current place of practice and the owner's residence or business address. The establishment shall provide to the Board the mailing address and telephone number of the owner for the purposes of receiving communication from the Board and for listing in the registry of licensed establishments.

DATE: October 2, 2018

Notice regarding CEs for the 2018 renewal period and Hurricane Florence:

Hurricane Florence has been declared a “state of emergency” in North Carolina by Governor Cooper.
There may be LMBTs who are unable to complete all their CE requirements by November 1, 2018 for the renewal of their 2019-2020 license due to effects of Hurricane Florence.
An LMBT who is unable to complete all their CE requirements by November 1, 2018 for the renewal of their 2019-2020 license due to effects of Hurricane Florence may mail a renewal application to the Board advising the Board they are unable to complete all their CE requirements by November 1, 2018 for the renewal of their 2019-2020 license due to effects of Hurricane Florence and stating how many hours of CE have been completed and how many hours of CE are missing.
The Board will review the renewal application to determine how many CE hours are completed and how many CE hours are missing and will add any missing CE hours to the 24 hours of CE required for the licensee to renew their license for their 2021-2022 renewal.
An LMBT must submit their renewal application and supporting documentation by November 1, 2018 in order for the renewal application to be considered on-time.

DATE: July 31, 2018

The proposed Rules and Regulations approved by the Board at their June meeting will be reviewed by the Rules Review Commission at their September 2018 meeting.

Notice is hereby given in accordance with G.S. 150B-21.2 that the Board of Massage and Bodywork Therapy intends to adopt new rules as indicated below.

DATE: March 7, 2018

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 rules cited as 21 NCAC 30 .0405, .0703, .1001-.1014 and amend the rules cited as 21 NCAC 30 .0302, .0401, .0701, .0702, .0902, and .0905.

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

Proposed Effective Date: September 1, 2018

Public Hearing:

Date: April 19, 2018

Time: 1:00 p.m.

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

Reason for Proposed Action: The amendment to Rule .0302 is being submitted to clarify what is required in order to display the license. The amendment to Rule .0401 is being submitted to clarify the term "practice" instead of "business" and to clarify the information the Board is requesting to be on file. The adoption of Rule .0405 is being submitted to define the term "practice". The amendments to Rule .0701 and .0702 and adoption of Rule .0703 are being submitted to clarify continuing competence and continuing education requirements. The amendments to Rule .0902 and .0905 are being submitted to clarify the complaint and disciplinary sanction process. The adoptions of Rule .1001-.1014 are being submitted to clarify requirements for massage and bodywork therapy establishments.

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

Comment period ends: May 14, 2018

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

NO FISCAL NOTE REQUIRED BY G.S. 150B-21.4

SECTION .0300 - LICENSING

21 NCAC 30 .0302 DISPLAY OF LICENSE

A licensee shall display the license in a prominent place at the licensee's primary place of business so as to be visible for inspection. Licensees providing massage and bodywork therapy outside their primary business location, or at the location of clients, shall have a ~~copy of their~~ Board issued original license available for inspection upon request.

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

Temporary Adoption Eff. February 15, 2000;

Eff. April 1, 2001;

Amended Eff. September 2, 2005;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 12, 2014;

Amended Eff. September 1, 2018.

SECTION .0400 ‑ BUSINESS PRACTICES

21 NCAC 30 .0401 ADDRESS OF RECORD

Each licensee shall notify the Board in writing of the licensee's current residence street address and primary place of ~~business.~~ practice.The licensee shall ~~indicate~~ provide in writing to the Board ~~his/her~~ his or her mailing ~~address~~ address, email address, and telephone number for the purposes of receiving communication from the Board and for listing in the registry of licensees.

History Note: Authority G.S. 90‑626(9);

Temporary Adoption Eff. February 15, 2000;

Eff. April 1, 2001;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 12, 2014;

Amended Eff. September 1, 2018.

21 NCAC 30 .0405 PLACE OF PRACTICE

(a) Licensees may only engage in the practice of massage and bodywork therapy at a massage and bodywork therapy establishment that is licensed by the Board or at a location that is exempt from establishment licensure as set forth in G.S. 90-622(3a).

(b) "Primary place of practice" shall mean:

(1) a licensed establishment owned by the licensee;

(2) a licensed establishment at which the licensee provides massage and bodywork therapy, whether as an employee or independent contractor;

(3) an exempt medical office at which the licensee provides massage and bodywork therapy;

(4) if the licensee practices at more than one location, the location where the greatest number of hours per week are worked shall be the one reported to the Board; or

(5) if the licensee provides massage and bodywork therapy only at the location of clients, the place of practice is the residence address of the licensee.

History Note: Authority G.S. 90-626(9)b.2;

Eff. September 1, 2018.

SECTION .0700 - CONTINUING EDUCATION

21 NCAC 30 .0701 ~~CONTINUING EDUCATION~~ CONTINUING COMPETENCE ACTIVITY 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~~ continuing competence activities 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.~~ continuing competence activities.

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

(1) ~~by an approved provider as defined in Rule .0702 of this Section; or~~ Continuing Education:

(A) Includes attendance and participation at a live presentation by an approved provider pursuant to Rule .0702(8) of this Chapter such as a workshop, seminar, conference, or in-service educational program. May also include participation in other continuing education activities that require a formal assessment of learning. Examples include distance learning, electronic, or Web-based courses;

(B) A licensee may earn one point for each contact hour or equivalent unit that is awarded by the provider. There are no maximum hours in this category however, distance learning shall not comprise more than 12 hours in this category; and

(C) Documentation shall include a certificate of completion or similar documentation including name of course, date, author/instructor, sponsoring organization, location, and number of hours attended.

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

(B) A licensee may earn one point for each contact hour. There are no maximum hours in this category; and

(C) Documentation shall include an original official transcript indicating successful completion of the course, date, and a description of the course from the school catalogue or course syllabus.

(3) Small Group Study:

(A) Includes review and discussion of journal articles, clinical videotapes or audiotapes by at least two licensed practitioners;

(B) A licensee may earn one point for one hour spent in an independent study activity, up to a maximum of three contact hours; and

(C) Documentation shall include title, author, publisher, time spent, and date of completion. Licensee must complete the Small Group Study Form provided by the Board and include a statement that describes how the activity relates to a licensee's current or anticipated roles and responsibilities.

(4) Mentorship Agreement:

(A) Participation as a Mentee;

(i) Participation in a formalized mentorship agreement with a mentor as defined by a signed contract between the mentor and mentee provided by or approved by the Board that outlines specific goals and objectives and designates the plan of activities that are to be met by the mentee. These activities must be related to the development of new massage and bodywork therapy skills outside current required job performance;

(ii) A licensee may earn one contact hour for each hour spent in activities directly related to achievement of goals and objectives up to a maximum of five contact hours; and

(iii) Documentation shall include name of mentor and mentee, copy of signed contract, dates, hours spent and focus of mentorship activities, and outcomes of mentorship agreement.

(B) Participation as Mentor:

(i) Participation in a formalized mentorship agreement with a mentee as defined by a signed contract between the mentor and mentee that designates the responsibilities of the mentor and specific goals and objectives that are to be met by the mentee. These activities must be related to the development of new massage and bodywork therapy skills for the mentee that are outside current required job performance;

(ii) A licensee may earn one contact hour for each hour spent in mentorship activities as a mentor up to a maximum of five contact hours; and

(iii) Documentation shall include name of mentor and mentee, copy of signed contract, dates, hours spent and focus of mentorship activities, and outcomes of mentorship agreement.

(5) Professional Writing:

(A) Publication of a peer-reviewed book, chapter, article or contracted review of massage and bodywork therapy resource material;

(B) During the year written, edited or reviewed a licensee may earn;

(i) 15 hours as author of a book;

(ii) 10 hours as author of a chapter;

(iii) Five hours as author of a peer-reviewed article;

(iv) Five hours as a contracted reviewer of a print or multimedia massage and bodywork therapy resource; or

(v) 10 hours as listed editor of a book.

(C) Documentation shall consist of full reference for publication including title, author, editor, and date of publication; or copy of acceptance letter, if not yet published; and

(D) Credit for submitted items shall be given for one licensure period only.

(6) Presentation and Instruction:

(A) Presentation of an academic course or peer-reviewed or non peer-reviewed workshop, seminar, in-service, electronic or Web-based course for the first time or for which more than 50 percent of the material has been revised;

(B) A licensee may earn one contact hour of credit that is awarded for an activity, up to a maximum of six contact hours; and

(C) Documentation shall include a copy of official program, schedule, or syllabus including presentation title, date, hours of presentation, and type of audience or verification of such, signed by the sponsor.

(7) Professional Meetings and Activities:

(A) Consistent with Rule .0804 of this Section, participation in board or committee work with agencies or organizations to promote and enhance the practice of massage and bodywork therapy;

(B) A licensee may earn one contact hour for five hours or two contact hours for 10 or more hours for participation on committees or boards; and

(C) Documentation must include name of committee or board, name of agency or organization, purpose of service, and description of licensee's role. Participation and hours must be validated by an officer or representative of the organization or committee.

(8) Board Certification:

(A) The Board shall recognize completion of activities that result in board certification by an approved provider during the current licensure period;

(B) A licensee may earn 15 hours for each board certification credential earned or re-certified during the current licensure period; and

(C) Documentation shall include certificate of completion or other documentation from the recognized certifying body that identifies satisfactory completion of requirements for obtaining board certification.

(9) Research and Grants:

(A) Development of or participation in a research project or grant proposal;

(B) A licensee may earn one contact hour for each three hours spent working on a research project or grant proposal, up to a maximum of five contact hours; and

(C) Documentation includes verification from the primary investigator indicating the name of the research project, dates of participation, major hypotheses or objectives of the project, and licensee's role in the project or name of grant proposal, name of grant source, purpose and objectives of the project, and verification from the grant author regarding licensee's role in the development of the grant if not the author.

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

(d) Licensees shall document that they have completed at least three contact hours of ~~continuing education~~ continuing competence activities in professional ethics as defined in Rule .0702 of this Section, out of the minimum of 24 hours of approved ~~continuing education~~ continuing competence activities 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 eight hours of the minimum 24 hours of approved ~~continuing education~~ continuing competence activities required for license renewal.

(f) Licensees shall ensure that each ~~continuing education course~~ continuing competence activity 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);

Temporary Adoption Eff. February 15, 2000;

Eff. April 1, 2001;

Amended Eff. November 1, 2008; September 2, 2005;

Readopted Eff. October 1, 2015;

Amended Eff. September 1, 2018.

21 NCAC 30 .0702 CONTINUING EDUCATION DEFINITIONS

The following definitions apply to this Section:

(1) Continuing Competence. -- A process in which a massage and bodywork therapist develops and maintains the knowledge, performance skills, interpersonal abilities, critical reasoning skills, and ethical reasoning skills necessary to perform his or her professional responsibilities.

~~(1)~~(2) 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)~~(3) 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)~~(4) One "contact hour" of ~~continuing education.~~ a continuing competence activity -- 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 21 contact hours.

~~(4)~~(5) Professional ethics. -- A system of conduct guided by principles 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)~~(6) Business management. -- Courses that enable the licensee to learn and apply business skills to create a successful professional practice.

~~(6)~~(7) Post secondary institution of higher learning A degree granting institution accredited by an accrediting agency recognized by the United States Department of Education.

~~(7)~~(8) Approved provider. -- 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 Board's 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 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. 90-626(9); 90-632;

Temporary Adoption Eff. February 15, 2000;

Eff. April 1, 2001;

Amended Eff. November 1, 2015; April 1, 2005;

Amended Eff. September 1, 2018.

21 NCAC 30 .0703 SCOPE OF QUALIFIED ACTIVITIES FOR MAINTAINING CONTINUING COMPETENCE

(a) To be approved by the Board, activities must be related to roles and responsibilities in massage and bodywork therapy and must serve to protect the public by enhancing the licensee's continuing competence.

(b) Subject matter for approved activities include research; theoretical or practical content related to the practice of massage and bodywork therapy; or the development, administration, supervision, and teaching of clinical practice or service delivery programs by massage and bodywork therapists.

History Note: Authority G.S. 90-626(9); 90-630.5;

Eff. September 1, 2018.

SECTION .0900 ‑ COMPLAINTS, DISCIPLINARY ACTION AND HEARINGS

21 NCAC 30 .0902 COMPLAINTS

~~(a)~~ A complaint regarding a violation of the Practice Act or the rules in this Chapter shall be submitted in writing and shall document:

(1) ~~The~~ the name of the ~~licensee,~~ licensed massage and bodywork therapist, licensed establishment, school, ~~person~~person, or other entity involved;

(2) A a description of the alleged behavior or incident; and

(3) ~~The~~ the name, mailing ~~address~~ address, and phone number of the person filing the complaint.

~~(b) The complaint shall be delivered to the Board administrative offices by mail, private carrier or in person. Complaints transmitted by facsimile or electronic mail shall not be accepted.~~

~~(c) An incomplete complaint may be corrected and resubmitted.~~

History Note: Authority G.S. 90-626(13);

Temporary Adoption Eff. February 15, 2000;

Eff. April 1, 2001;

Amended Eff. September 2, 2005;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 12, 2014;

Amended Eff. September 1, 2018.

21 NCAC 30 .0905 DISCIPLINARY SANCTIONS

(a) The following types of disciplinary sanctions regarding licensed massage and bodywork therapists and massage and bodywork therapy establishments (licensees) ~~may, among others,~~ may be utilized by the Board:

(1) Denial of Application: Refusal to license the applicant;

(2) Letter of Reprimand: An expression of displeasure. The mildest form of administrative action. This formal expression of disapproval will be retained in the licensee's file but shall not be publicly announced. It is not published, but is released upon request;

(3) Probation: A period of time where restrictions or conditions are imposed on a licensee. Continued licensure is subject to fulfillment of specified conditions;

(4) Suspension of license: A condition of probation. Loss of license for a period after which the ~~individual~~ licensee shall be required to reapply for licensure or remain on probation;

(5) Refusal of License Renewal: A refusal to reinstate or renew a license;

(6) Revocation of license: An involuntary termination of a license;

(7) Injunction: A court action prohibiting or compelling conduct by a licensee; ~~and~~ or

(8) Assessment of a civil penalty.

(b) The following types of disciplinary sanctions regarding schools of massage and bodywork therapy ~~may, among others,~~ may be utilized by the Board:

(1) Denial of Application: Refusal to grant approval to the applicant school;

(2) Letter of Reprimand: An expression of displeasure. A formal expression of disapproval will be retained in the school's file but shall not be publicly announced. It is not published, but is released upon request;

(3) Probation: A period of time where restrictions or conditions are imposed on an approved school. Continued approval is subject to fulfillment of specified conditions;

(4) Suspension of approval: A condition of probation. Loss of approval status for a period after which the school shall be required to reapply for approval or remain on probation;

(5) Refusal of Approval: A refusal to reinstate or renew a school's approval status;

(6) Revocation of Approval: An involuntary termination of school's approval status;

(7) Injunction: A court action prohibiting or compelling conduct by a school; ~~and~~ or

(8) Assessment of a civil penalty.

(c) ~~The~~ During an investigation, the Board may request information from professional associations, professional review organizations (PROs), hospitals, clinics or other institutions in which a licensee performs professional services, regarding chemical abuse, or incompetent or unethical behavior.

(d) ~~The~~ During an investigation, the Board may request information from state regulatory agencies, accrediting commissions, or other institutions that oversee the activities of a school.

(e) The Board shall provide notice of sanction taken by it to other public entities as necessary to ensure that other state boards, national certification boards, professional associations, enforcement authorities, and accrediting agencies receive the names of licensees and schools disciplined.

History Note: Authority G.S. 90-626(4), (14); 90-634.1;

Temporary Adoption Eff. February 15, 2000;

Eff. April 1, 2001;

Amended Eff. April 1, 2005;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 12, 2014;

Amended Eff. September 1, 2018.

SECTION .1000 MASSAGE AND BODYWORK THERAPY ESTABLISHMENT LICENSURE

21 NCAC 30 .1001 ESTABLISHMENT LICENSE REQUIRED

(a) Unless exempt pursuant to G.S. 90-622(3a) from the Board licensure process, no individual, association, partnership, corporation, or other entity shall open, operate, or advertise a massage and bodywork therapy establishment in this State unless it has been licensed by the Board. For purposes of the rules in this Chapter, "establishment" means "massage and bodywork therapy establishment" as defined in G.S. 90-622.

(b) An establishment license granted by the Board shall be for a single location. An owner who intends to operate additional locations shall submit an application for licensure for each location.

(c) Establishments already in operation on the date this Section becomes effective shall have 60 days from the effective date to submit an application for licensure to the Board.

History Note: Authority G.S. 90-626(9)b.2; 90-632.10;

Eff. September 1, 2018.

21 NCAC 30 .1002 TERM OF LICENSE

(b) Pursuant to G.S. 90-630.5, an establishment license shall be renewed for a term of two years, beginning on January 1 following the initial expiration date.

History Note: Authority G.S. 90-630.5(a) ;

Eff. September 1, 2018.

21 NCAC 30 .1003 EXEMPTION FROM LICENSURE

In addition to the exemptions set forth in G.S. 90-622(3a), the following are exempt from establishment licensure:

(1) Massage and bodywork therapy provided by a sole practitioner, which is defined as a single licensed massage and bodywork therapist (hereinafter referred to as "LMBT") offering massage or bodywork therapy services from a space the LMBT controls and from which only the LMBT offers and provides the services. This category of exemption does not include the following:

(a) businesses such as a salon, spa or fitness center where the LMBT is an employee or independent contractor using treatment space provided by the host business;

(b) a space controlled by the LMBT which is also used by other LMBTs; or a group practice structure, where more than one LMBT provides services, whether under a shared business name, or the name of the LMBT owner; and

(2) Offices of licensed medical doctors, osteopathic physicians, chiropractic physicians, dentists, physical therapists or acupuncturists, where massage and bodywork therapy is provided by LMBTs currently licensed in North Carolina.

History Note: Authority G.S. 90-622(3a); 90-624(1);

Eff. September 1, 2018.

21 NCAC 30 .1004 INITIAL APPLICATION FOR LICENSURE

(1) Ownership information, including all of the following:

(a) type of ownership structure;

(b) names, residence addresses, phone numbers and email addresses of all persons who have an ownership interest in the establishment, including parent corporations;

(2) Location information, including all of the following:

(a) Physical address of the establishment, and mailing address if different;

(b) Website address; and

(3) Trade name of establishment, if different from owner's name;

(4) List of all LMBTs hired as employees or contracted with as independent contractors to provide treatment to clients, or signed letters of intent from LMBTs with a projected start date of work pending the opening of the establishment following granting of a license to operate;

(5) Facility plan, including floor plans with dimensions and fixtures, uses of each room, specifications on lighting, ventilation and temperature control, location of lavatories for hand washing and toilet facilities;

(6) Equipment list, including furniture, office equipment, and equipment used for massage and bodywork therapy treatment;

(7) Copy of deed if establishment owns its facility, or copy of lease if establishment does not own its facility;

(8) Copies of reports from city or county inspections for fire, safety, health, and sanitation, made within the three months prior to submission of application for approval;

(9) Copy of city or county business license, if required; and

(10) A completed self-evaluation inspection report demonstrating compliance with this section.

History Note: Authority G.S. 90-632.11; 90-632.13;

Eff. September 1, 2018.

21 NCAC 30 .1005 ESTABLISHMENT OPERATIONS

Licensed establishments shall comply with the following requirements:

(1) Facility requirements:

(a) comply with State and local building code requirements, State fire safety codes, and State health inspection codes;

(b) provide for the use of clients and therapists 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 shall be lighted, ventilated and maintained in good repair. Establishments located in buildings housing multiple businesses under one roof, such as shopping malls, terminals, or hotels, may substitute centralized toilet facilities;

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

(d) provide treatment rooms for massage and bodywork therapy that are least 10 feet by 12 feet in size, with a minimum of three linear feet of open floor space around all sides of the massage treatment table; and

(e) display the Massage and Bodywork Therapy Establishment License, and the licenses of all LMBTs in a prominent place at the establishment so as to be visible for inspection.

(2) Safety and sanitary requirements:

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

(b) provide for removal of garbage and refuse;

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

(e) maintain all equipment used to perform massage and bodywork therapy 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

(3) Treatment requirements:

(a) All massage and bodywork therapy treatments shall be administered by LMBTs licensed in North Carolina;

(4) Business and ethical requirements:

(a) notify the Board in writing of all assumed name certificates filed with any county register of deeds pursuant to the requirements of G.S. 66-68;

(b) notify the Board within 10 days of changes to the LMBT staff who provide massage and bodywork therapy services at the establishment, including employees and independent contractors; and

(5) Advertising requirements:

(a) any advertisement of massage and bodywork therapy services in any "advertising medium" as defined herein shall comply with Rule .0404 and shall include the establishment's name and license number; and

(b) a licensed establishment that employs or contracts with LMBTs may advertise on behalf of those licensees, by complying with the requirements of this Rule.

History Note: Authority G.S. 90-632.13;

Eff. September 1, 2018.

21 NCAC 30 .1006 CLIENT RECORDS RETENTION AND OWNERSHIP

(a) Records shall be maintained by the establishment or the LMBT in compliance with Rules .0504 and .0505 of this Chapter.

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

(1) Establishment; or

(2) LMBT, when working as a sole practitioner.

(d) Release of Records:

(1) Client records shall be released within 30 days from being requested and authorized by the client in writing or when compelled by law or regulation; and

(2) The establishment or LMBT may charge cost for duplicating client records pursuant to G.S. 90-411.

History Note: Authority G.S. 90-632.13(3);

Eff. September 1, 2018.

21 NCAC 30 .1007 INSPECTIONS

(a) Upon receipt of an application for a massage and bodywork therapy establishment license, employees or representatives of the Board may inspect the location to verify Rules .1004 and .1005 of this Chapter are satisfied.

(b) The Board may inspect all licensed establishments to ensure compliance with the rules in this Chapter and Article 36 of G.S. Chapter 90.

(c) During any inspection, if the posted establishment license is not current and valid, the establishment license shall be removed from the establishment and returned to the Board, and the owner whose license was not current and valid shall be notified. During any inspection, should it be determined that any license for a massage and bodywork therapist posted in the establishment is not current and valid, the massage and bodywork therapist license shall be removed from the establishment by the inspector and shall be returned to the Board by the inspector and the person whose license was not current and valid shall be notified.

History Note: Authority G.S. 90-632.13(5);

Eff. September 1, 2018.

21 NCAC 30 .1008 CHANGE OF TRADE NAME

When there is no change of owner or location, the owner may change the trade name of the establishment in compliance with Rules .0402 and .0403 of this Chapter. The owner shall apply for a change of name by submitting to the Board a written change of name request. A new trade name shall not be used or approved by the Board until the establishment is in compliance with this Rule. When an establishment trade name is changed without a change in owner or location, a new establishment facility inspection shall not be required.

History Note: Authority G.S. 90-632.12; 90-632.13(6);

Eff. September 1, 2018.

21 NCAC 30 .1009 CHANGE OF LOCATION

An establishment license shall not be transferable when there is a change in the physical location of the establishment. The new owner shall submit a new application for licensure. The Board may issue temporary operating approval to the owner for the new location for a period of 90 days if the establishment held a valid license prior to the change, and if the Board finds that the new location will qualify for licensure upon preliminary review of the application.

History Note: Authority G.S. 90-632.13(6);

Eff. September 1, 2018.

21 NCAC 30 .1010 CHANGE OF OWNERSHIP

(a) An establishment license shall not be transferable when there is a change in the majority ownership interest of the business. The new owner shall submit a new application for licensure. The Board may issue temporary operating approval to the new owner for a period of 90 days if the establishment held a valid license prior to the change, and if the Board finds that the new owner will qualify for licensure upon preliminary review of the application.

(b) In the case of a change of ownership that does not involve a change in the majority ownership interest in the business, or a change in the ownership structure, the owner shall notify the Board of the changes within 30 days, and submit fingerprint cards as required by G.S. 90-632.11 for new persons with ownership interests.

History Note: Authority G.S. 90-632.13(6);

Eff. September 1, 2018.

21 NCAC 30 .1011 INFORMING BOARD OF VIOLATIONS

(a) Establishment licensees with knowledge of violations of the rules of this Chapter or the Practice Act shall inform the Board within two business days, whether or not the violations are also reported to a law enforcement agency. This shall include the following violations:

(1) An LMBT or other employee or contractor of the establishment who has violated the prohibition on sexual activity, as defined in Rules .0508 and .0509 of this Chapter;

(2) An LMBT who has engaged in behavior where there is a potential for malpractice as defined in Rule .0102(6) of this Chapter; or

(3) Any person practicing massage and bodywork therapy without a license.

History Note: Authority G.S. 90-626(9); 90-626(9)b.2; 90-632.10; 90-632.15(5); 90-632.17; 90-632.18; 90-633(6); 90-634(b3);

Eff. September 1, 2018.

21 NCAC 30 .1012 CONTINUING DUTY TO REPORT CERTAIN CRIMES AND CIVIL SUITS

(a) Establishment licensees with knowledge shall report to the Board any charges, convictions of, or pleas of guilty or no contest to the following criminal offenses, whether committed by themselves, employees, independent contractors or by other licensees:

(1) felonies;

(2) crimes that involve moral turpitude;

(3) alcohol or drug-related offenses;

(4) sexual-related offenses; and

(5) assault.

History Note: Authority G.S. 90-626(9); 90-626(9)b.2; 90-632.10; 90-632.15(5); 90-632.17; 90-632.18; 90-633(6); 90-634(b3);

Eff. September 1, 2018.

21 NCAC 30 .1013 LICENSE RENEWAL

(a) Any establishment licensee renewing a license shall comply with all requirements for licensure and shall submit the required renewal fee of one hundred dollars ($100.00) pursuant to G.S. 90-632.14.

(b) An establishment license that has not been renewed prior to its expiration date is expired and shall submit an initial application for licensure pursuant to Rule .1004 of this Chapter.

(c) Any owner whose establishment license has expired and who engages in any massage and bodywork therapy activities governed by the Practice Act will be subject to the penalties prescribed in G.S. 90-634 and G.S. 90-634.1.

(d) Members of the armed forces whose establishment licenses are in good standing and to whom G.S. 105-249.2 grants an extension of time to file a tax return shall be granted that same extension of time to pay the establishment license renewal fee. A copy of military orders and the extension approval by the Internal Revenue Service must be furnished to the Board to be granted the extension of time to pay the renewal fee.

History Note: Authority G.S. 90-630.5;

Eff. September 1, 2018.

21 NCAC 30 .1014 ADDRESS OF RECORD

Each licensed establishment shall notify the Board in writing of the street address of the licensee's current place of business and owner's residence or business address. The establishment shall provide to the Board the mailing address and telephone number of the owner for the purposes of receiving communication from the Board and for listing in the registry of licensed establishments.

History Note: Authority G.S. 90-632.11(5);

Eff. September 1, 2018.

Amendments to the NC Massage and Bodywork Therapy Practice Act

MEMORANDUM

TO: LMBTs licensed in North Carolina

FROM: North Carolina Board of Massage and Bodywork Therapy

DATE: August 11, 2017

Several amendments to the North Carolina Massage and Bodywork Therapy Practice Act were enacted by the North Carolina Legislature in July 2017.

The highlights of the amendments are:

Removes massage and massage business from adult entertainment statutes and provides no person shall permit the practice of massage and bodywork therapy in an adult establishment
Requires that all applicants for a LMBT license shall demonstrate proof of English proficiency
Adds massage and bodywork therapy to the list of professions that require an Art of Healing privilege license from the NC Department of Revenue, effective for taxable years beginning July 1, 2018 and provides counties and cities may not levy any license tax on the business or professions taxed under the Art of Healing
Authorizes the Board to license and establish rules for establishments that provide massage and bodywork therapy services
The effective date for most of bill is October 1, 2017.

The Board will be seeking to identify and contact all establishments in North Carolina that offer massage or massage and bodywork therapy to make sure they become licensed by the Board. The Board will be asking LMBTs in North Carolina for assistance in identifying establishments in their communities that may be providing massage or massage and bodywork therapy services. Within the next six weeks you will be receiving notification from the Board regarding documents you can complete to assist the Board in the process of identifying establishments that are required to be licensed. The Board estimates it will take six months to a year to implement the licensure of establishments.

Thank you for your cooperation and assistance.

Rule Change Updates April 20, 2017

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 13^th 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, 13^th 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

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;

(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,

(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.

(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.

(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;

(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 13^th 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, 13^th 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

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:

(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;

(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

(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.

(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:

(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.

(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.

(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.

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