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Recent News
DATE: October 31, 2024
NCBMBT 2024 License Renewal/Hurricane & Storms
We wish to convey our heartfelt sympathies to all those affected by
the recent natural disasters in our State.
The Board members felt their earlier decision didn't do enough to
help those impacted, and wanted to find a way to do more. A special
meeting was held Friday, October 25th to address the Board’s previous
disaster relief response.
The Board voted on 2 issues.
1. The $75 late renewal fee payable for renewals submitted after
November 1 has been removed. This gives therapists more time to finish
their CE and get their renewal applications submitted. The deadline for
submission is December 31, 2024. The late renewal fee of $75 will
still be effective for renewals submitted after December 31, 2024.
How to use Guideline 2.5.
1. Upload any CE you already have to the Board's website. If you
are without internet service, your local library may be able to help.
2. Email the Board office at
admin@bmbt.org once your CEs are uploaded and state:
- your full name and license number
- what county you live in
- how much CE you are missing
- if your CE was canceled, provide a copy of the cancelation
Board staff will update your file accordingly and provide you with
guidance on how to submit your online renewal.
Other Therapists may ask for consideration due to extreme
extenuating circumstances and those will be considered on a case-by-case
basis.
Please remember that mailing licenses and wallet cards takes time,
especially in the Holiday season. This is the Boards busiest time of the
year. The post office is also busy, especially in areas with road closures.
In order to give the Board office sufficient time to process requests and
update your CE in the system, email the Board office regarding your renewal
so you can submit your online renewal ASAP. We recommend submitting your
renewal application by December 5, 2024, if possible.
We hope this email gives you some direction for your CE and license
renewal options. We hope that you and your families are safe as we all work
to rebuild from these devastating losses.
DATE: October 21, 2024
NCBMBT 2024 License Renewal/Hurricane Helene
The Board is committed to assisting licensees, schools and CE
providers affected by the devastation of Hurricane Helene. We plan to
assist schools to continue to provide education to their students and CE
providers to continue to provide continuing education to licensees.
There are two Board-approved schools affected and possibly one or
more community college programs. The schools and CE providers want to
continue to offer in-person classes as soon as possible. The schools and CE
providers have rescheduled in November and December the in-person continuing
education courses that had to be canceled in September and October. It
is hoped that those who signed up for the in-person continuing education
courses will be able to attend the rescheduled courses.
While November 1, 2024, is the date for many LMBTs to renew their
licenses, fortunately, licenses do not expire until December 31, 2024.
This will give licensees time to attend courses that had to be rescheduled.
For LMBTs who are not able to renew their licenses by November 1,
2024, due to the effects of Hurricane Helene and who renew late but are
still able to renew before their license expires, the Board will consider
refunding their $75 late fee. The LMBTs affected will have to renew
their licenses and pay the late fee, but they can immediately contact the
Board via email, explain how Hurricane Helene affected them, and request a
refund. If approved, the refund can quickly be made directly to their
credit or debit card accounts.
DATE: August 30, 2024
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 amend the rules cited as 21 NCAC 30 .0201, .0204, .0620, .0623, .0627 and
.1012.
Link to agency
website pursuant to G.S. 150B-19.1(c):
https://bmbt.org/mtpages/news.html
Proposed Effective Date:
February 1, 2025
Public
Hearing:
Date:
October 17, 2024
Time:
10:00 a.m.
Location:
GlenLake One, 4th Floor
Conference Room, 4140 ParkLake Avenue, Raleigh, NC 27612
Reason for Proposed Action:
The
amendments to Rule .0201, .0620 and .0627 are being submitted to comply with
a statute change increasing the education hours from 500 to 650.
The amendments to Rule .0204 are being submitted to remove a fee not
included in the statute and to add that the Board accepts credit/debit cards
for payment of fees. The
amendments to Rule .0623 are to include various learning resources available
to students. The amendments to
Rule .1012 are being submitted to provide a process for an establishment to
renew late.
Comments may be submitted to:
Elizabeth Kirk, 4140
ParkLake Avenue, Suite 100, Raleigh, NC 27612; phone (919) 832-1380; email
admin@bmbt.org
Comment period ends:
November 15, 2024
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 a
written objection to the Rules Review Commission. 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 letters via U.S. Mail, private courier service, or
hand delivery to 1711 New Hope Church Road, Raleigh, North Carolina, or via
email to oah.rules@oah.nc.gov. If you have any further questions concerning
the submission of objections to the Commission, please review 26 NCAC 05
.0110 or call a Commission staff attorney at 984-236-1850.
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
No fiscal note required
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 online application. application provided by the Board on
its website at www.bmbt.org. 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
applicant's legal name);
(3) current
residence;
(4)
personal 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
places of residence for the previous 10 years including date, street
address, city, state, zip code code, and county;
(19) professional
experience for the previous 10 years including date, job title, type of
business, hours worked per week, employer's name, address, state, zip code,
area code and phone number 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
massage or bodywork therapy licensure, registration
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:
an explanation of each:
(A)
charged with, arrested for, convicted of, or plead pled
guilty or no contest to a violation of any law;
(B)
had a driver's license canceled, suspended or revoked;
(C)
pending criminal charges in any state or jurisdiction;
(D)
violated any federal or state statue statute 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 named as a defendant 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 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 massage therapy license or a license for any other
healthcare profession revoked or suspended;
(L)
have any formal disciplinary charges pending or action taken
by any massage 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)
been diagnosed as abusing abused alcohol or drugs;
(P)
been evaluated or treated for mental health or substance abuse
issues; abuse;
(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
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, and 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); 90-628(b);
(3)
Documentation A copy of a high school diploma or transcript, General
Equivalency Diploma (GED), or college diploma or transcript showing that
the applicant has earned a high school diploma or equivalent;
(4)
Documentation A copy of a driver's license or birth certificate
showing that the applicant is 18 years of age or older;
(5)
Documentation An official transcript from the massage therapy school
showing that the applicant has completed a course of study at a school
approved by the Board according to these rules and consisting of a
minimum of 500 650 classroom hours of supervised instruction.
If the applicant attended a school that is not approved by the Board, the
Board may elect to will review that applicant's curriculum on
a case-by-case basis. The documentation of such training shall come from a
school that is licensed by the educational licensing authority in the state,
territory or country in which it operates. In North Carolina the
documentation shall come from a proprietary school approved by the Board or
a college-based massage program that is exempt from Board approval. The
curriculum shall meet or be substantially equivalent to the standards
set forth in Rule .0620(2) of this Chapter;
(6)
Documentation An official score report showing that the applicant
has achieved a passing score on a competency assessment examination
administered or approved by the Board or approved by the Board
that meets generally accepted psychometric principles and standards;
Board;
(7) Signed
statements from four persons attesting to the applicant's good moral
character; personal history of honesty, integrity, trustworthiness,
fairness, good reputation for fair dealings, and respect for the rights of
others and for state and federal laws;
(8)
Fingerprint card executed by a fingerprinting agency, agency;
and
(9) Consent
to a criminal history record check by the North Carolina Department of
Justice.
History Note:
Authority G.S. 90-626(2); 90-629;
Temporary Adoption Eff February 15, 2000;
Eff. April 1, 2001;
Amended Eff. October 1, 2008;
Readopted Eff. October 1, 2015. 2015;
Amended Eff. February 1, 2025.
21 ncac 30 .0204
FEES
(a) Fees
are 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
(6)
Application for Additional Examination of Moral Character
150.00
(b) Fees
shall be nonrefundable and shall be paid in the form of a by
credit card, debit card, cashier's check, certified check
check, or money order made payable to the North Carolina Board of
Massage and Bodywork Therapy.
History Note:
Authority G.S. 90‑628; 90‑626(8);
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. 2014;
Amended Eff. February 1, 2025.
SECTION .0600 ‑ MASSAGE AND BODYWORK THERAPY SCHOOLS
21 NCAC 30 .0620
PROGRAM REQUIREMENTS
Pursuant to G.S. 90-631(1), 90-631(a)(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, skills knowledge,
and knowledge 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
650 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: work:
(a)
200 230 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 200 230 hours in this
category, at least 100 115 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; body;
(c) 55
hours in kinesiology related to the practice of massage and bodywork therapy
that shall include the function of movement;
(d) 45
hours in pathology related to the practice of massage and bodywork therapy;
(c)(e)
15 20 hours in professional ethics, and North
Carolina laws and rules ethics for the practice of massage and
bodywork therapy;
(f)
10 hours in North Carolina laws and rules for the practice of massage and
bodywork therapy;
(d)(g)
15 hours in business management practices related to the practice of
massage and bodywork therapy;
(e)(h)
20 25 hours in psychological concepts related to the
practice of massage and bodywork therapy, including dynamics of the
client/therapist relationship, client-therapist relationship and
boundaries, professional communication skills, and the mind-body
connection, and boundary functions; connection;
(f)(i)
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) may
constitute up to 50 hours of the 150 hours in this category.
(3)
For programs that include a student Student clinic or
fieldwork experiential component, the hours programs shall not
exceed 100 hours of the minimum requirement set forth in Sub-item
(2)(f) 150 hours required by Sub-item (2)(i) of this Rule. All
work shall be in the presence of and directly supervised by and
evaluated by an instructional staff member; instructor;
(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 approved by 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) and Rule .0201(a)(15);
(6)
Programs shall consist of a series of courses that are organized
in a logical sequence, so that each class prepares the students for
the next class and that are consistent with the program's
educational objectives. Sequential organization means that within a
course, each class prepares students for the next class. Material shall
not be not presented unless students have the necessary skills and
knowledge to utilize that the material;
(7)
Course titles shall match the content of the course; course
and published course descriptions shall reflect the specific learning
objectives of each course; and sufficient hours shall be allotted to each
course to allow students to gain competence in the subject areas covered;
(8)
A course curriculum syllabus shall be 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 shall be consistent from
instructor to instructor. Teaching materials, including lesson plans for
every class taught, shall be developed and maintained for each course to
ensure consistency. Teaching methods shall be appropriate adopt
to course content, and to diverse learning styles;
(10)
Programs shall be at least 24 25 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
75 80 percent of the instructional hours of the course. The
student shall also make up missed instructional hours to equal no less than
98 percent of the instructional hours in the course according to the
procedures established by the school;
(12)
A syllabus shall be developed for each course and provided to
students prior to the beginning of instruction. The syllabus shall include
the following elements:
(a)
course title;
(b)
course description;
(c)
learning objectives;
(d)
teaching methodologies;
(e)
total number of instructional hours;
(f)
meeting dates and class times;
(g)
assignments;
(h)
textbooks;
(i)
evaluation methods;
(j)
quiz and examination dates; and
(k)
performance standards.
(13)
For post-secondary institutions, courses that fulfill the
requirements set forth in Item (2) of this Rule shall support the program
education and training in massage and bodywork therapy. Courses in
addition to these requirements may include courses from other departments or
programs that are relevant related 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 .0602(5) and (12) of this Section, shall
be considered in calculating these ratios.
History Note:
Authority G.S. 90-626(9); 90-631;
Eff. October 1, 2007;
Pursuant to G.S. 150B-21.3A, rule is necessary
without substantive public interest Eff. November 12, 2014;
Amended Eff. April 1, 2017. 2017;
Amended Eff. February 1, 2025.
21 NCAC 30 .0623
LEARNING RESOURCES
The school shall provide sufficient access to
learning resources to students and instructional staff to support the
educational objectives of the program as follows:
(1)
the school shall maintain a resource center that contains or
provides provide students 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 entity to provide access to such resources; and
(2)
all other resources, such as charts, models, or electronic media,
shall be maintained.
History Note:
Authority G.S. 90-626(9); 90-631;
Eff. October 1, 2007;
Pursuant to G.S. 150B-21.3A, rule is necessary
without substantive public interest Eff. November 12, 2014;
Amended Eff. April 1, 2017. 2017;
Amended Eff. February 1, 2025.
21 NCAC 30 .0627
TRANSFER OF CREDIT; ADVANCED PLACEMENT CREDIT
(a) A
school shall not grant transfer credit from another institution unless the
following standards are met:
(1) The
school from where credit is being transferred shall be licensed or approved
by the educational licensing authority or be exempt by statute in the
state in which it operates, or be exempt by statute; operates;
(2) The
school from where credit is being transferred shall provide an official
transcript;
(3) Courses
for which credit is granted shall be parallel in content and intensity
to the courses presently offered by the school; and school
granting the transfer;
(4)
Documentation of previous training shall be included in each student's
permanent file.
(b) A
school may only grant advanced placement credit to a student,
or exempt the student from curriculum requirements, based on the student's
performance on an examination that the school administers to determine
competency in that subject area. Advanced placement Credit or
exemption shall not exceed 35 percent of the total number of hours in the
program and shall not reduce the total hours attended to less than 500
650 hours.
History Note:
Authority G.S. 90-626(9); 90-631;
Eff. October 1, 2007;
Pursuant to G.S. 150B-21.3A, rule is necessary
without substantive public interest Eff. November 12, 2014. 2014;
Amended Eff. February 1, 2025.
SECTION .1000 – MASSAGE AND BODYWORK THERAPY
ESTABLISHMENT LICENSURE
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 the establishment shall submit an initial
application for licensure pursuant to Rule .1003 of this Chapter. not
operate. The establishment license may be reinstated within 120 days upon
payment of the license renewal fee and late renewal penalty pursuant to Rule
.1014 of this Chapter. Any establishment license expired for more than 120
days shall not be renewed and an initial application for licensure shall be
submitted 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.
History Note:
Authority G.S. 90-630.5; 90-632.14;
93B-15;
Eff. November 15,
2019. 2019;
Amended Eff. February 1, 2025.
DATE: April 23, 2024 – Periodic Review of Rules
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 Board’s website, www.bmbt.org,
includes a spreadsheet that
lists all the Board’s existing rules and their corresponding determinations,
as well as the full text of the
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
25, 2024, to be accepted.
US Mail/Delivery Service
North Carolina Board of Massage and Bodywork Therapy
4140 ParkLake Avenue, Suite 100
Raleigh, NC 27612
Email
admin@bmbt.org, Subject:
Rules Review
DATE: November 1, 2023 – Board's Stance on CBD
Hemp products, including CBD oils, have been approved for a few
limited medical uses but they have not been approved widely, or for a wide
range of uses. The Board is not aware of any statement by the Attorney
General's Office, the NC Legislature, the NC Courts, nor the NC Department
of Agriculture that the use of CBD oils during massage and bodywork therapy
sessions is safe for the therapist or the client, particularly with long
term use. Likewise, the Board is not aware of any long-range studies that
say CBD oils are harmless.
LMBTs are permitted to use or sell legal products. If a LMBT
chooses to use or sell CBD products in their practice, the LMBT shall follow
the requirements of Rules .0502 and .0503. When using CBD products during
massage and bodywork sessions, LMBTs must inform the client of the nature,
use and purpose of CBD products and obtain the client’s written
understanding and acknowledgement of such use.
DATE: February 1, 2023 – Continuing Education Activities
Beginning with
the renewal period ending December 31, 2024 and all future renewals, a
minimum of 12 hours must be completed in-classroom.
DATE: December 1, 2021 – Continuing
Education Activities
The Board is allowing all Continuing Education Activities to be
completed online for the renewal periods ending December 31, 2021, 2022
And 2023 ONLY.
DATE: July 30, 2021 – Establishment Licensure
Announcement
DATE: May 17 - N
CDC guidelines issued May 13, 2021 and Governor Cooper’s Executive
Order 215 issued May 14, 2021 have relaxed the mandate to wear face
coverings (masks). The CDC considers massage and bodywork therapy to be
health care and Governor Cooper’s Order still requires face coverings in
health care settings. Licensed massage and bodywork therapists (LMBTs)
provide health care services to the citizens of North Carolina. LMBTs
are still required to wear masks when providing massage and bodywork
therapy services.
Rule .0510 provides an LMBT may refuse to
provide massage and bodywork therapy services to any client they choose.
This Rule would allow LMBTs to refuse treatment should LMBTs be
concerned about their safety or the safety of their client.
NCDHHS recommends public facing businesses, which includes massage and
bodywork therapy businesses and LMBTs: (1) post signage reminding guests
to social distance and wear a face covering if they are not fully
vaccinated, (2) remind employees to self-monitor for symptoms of
COVID-19, (3) have a plan to immediately isolate and remove sick
workers, and (4) clean high-touch surfaces once a day.
Other
parts of Governor Cooper’s EO 215 also apply which still require face
coverings by everyone entering or using: child care facilities,
children’s day and overnight camps, public or private transportation
regulated by the State, State and local correctional facilities. Public
and private schools are subject to the StrongSchoolsNC Public Health
Toolkit (K-12) which currently requires face coverings for all when
indoors.
Private businesses may also require face coverings and
not be in violation of the Governor Cooper’s EO 215.
DATE: December 4 - Emergency and Temporary
Rulemaking
Chapter 30 – BOARD OF Massage and Bodywork Therapy
Public Hearing:
Date: January 6, 2021
Time: 10:00 a.m.
Location: Webex conference call -
Phone Number: 1-510-338-9438; Access Code: 126 477 3599; Password:
67798927
State funds affected
Local funds affected
Substantial economic impact (>= $1,000,000)
Approved by OSBM
* No fiscal note required
(a) If the Governor declares a state
of emergency, the following exceptions shall apply to massage and
bodywork therapy schools, programs and students, the requirements in
this Subchapter notwithstanding:
(1)
Classroom hours of supervised instruction that are not hands-on may be
provided online, despite the requirement in Rule .0602(10) of this
Subchapter.
(2)
Total number of supervised classroom hours of instruction that are not
hands-on may include online hours, despite the requirement in Rule
.0603(b)(4) of this Subchapter.
(3)
For a student to receive credit in a course that is not hands-on, the
student shall attend, in-class or online, 75 percent of the
instructional hours of the course and shall also make up missed
instructional hours to equal no less than 98 percent of the
instructional hours in the course, pursuant to Rule .0620(11) of this
Subchapter.
(4)
Schools shall not be required to revise the Student Enrollment Agreement
required by Rule .0629 or School Catalog required by Rule .0630 to
reflect the exceptions listed in this Rule.
(b) The exceptions in this Rule
shall only apply during the effective period of the state of emergency.
History Note:
Authority G.S. 90-626;
Emergency Adoption Eff. April 17, 2020;
Temporary Adoption Eff. July 24, 2020;
Eff. April 1, 2021.
SECTION .0700 - CONTINUING EDUCATION
(a) If the
governor declares a state of emergency, the Board may allow all
continuing education hours required by G.S. 90-630.5 and Rule .0701(b)
of this Chapter to be obtained by distance learning. In making this
determination, the Board shall consider the risk of harm to licensed
massage and bodywork therapists attending in-classroom continuing
education courses.
(b) The
exceptions in this Rule shall only apply during the effective period of
the state of emergency.
Emergency Adoption Eff. November 25, 2020;
Eff. April 1, 2021.
DATE: June 30 - Emergency and Temporary
Rulemaking
The Board has adopted two emergency rules to assist LMBTs with CE requirements and allow waiver requests due to COVID-19. The rules will be effective on June 30, 2020. To see the rule, please click here.
The same rules have been proposed as temporary rules, with a public hearing scheduled on August 20, 2020 and public comment until July 31, 2020. For more information on the rules and how to comment, please click here.
DATE: May 20, 2020 - Governor Cooper EXECUTIVE ORDER NO. 141 on COVID-19 Phase 2
On May 20, 2020, Governor Cooper issued EXECUTIVE ORDER NO. 141
which provides for Phase 2 of easing restrictions on travel, business
operations and mass gatherings in North Carolina.
EXECUTIVE ORDER NO. 141 provides in Section 6 D that certain
businesses, including massage therapists and establishments that provide
massage, may operate so long as they are in compliance with the
following requirements:
a.
Limit customers inside the establishment to
Emergency Maximum Occupancy. Under this Executive Order, the Emergency
Maximum Occupancy for a massage therapist and establishments that
provide massage is the lowest number produced by applying the following
two tests: 1. Limit the number of customers in the store to fifty
percent (50%) of stated fire capacity (or, for spaces without a stated
fire capacity, no more than twelve (12) customers for every one thousand
(1000) square feet of the location's total square footage, including the
parts of the location that are not accessible to customers or guests).
Limit the number of people in the store so that clients can stay six (6)
feet apart.
b.
Arrange seating so that groups of clients are
separated from one another by six (6) feet. Massage therapists and
workers shall wear Face Coverings when they are within six (6) feet of
another person. "Face Covering" means a covering of the nose and mouth
by wearing a covering or mask for the purpose of ensuring the physical
health or safety of the wearer or others as defined in Session Law
2020-3 s. 4.3(a). In the context of the COVID-1 9 emergency, the Face
Covering works to protect other people more than the wearer.
c.
Notwithstanding this general requirement, people
whose religious beliefs prevent them from wearing a Face Covering,
people who cannot wear a Face Covering due to a medical or behavioral
condition, and people who are under twelve (12) years of age are
excepted from the requirement to wear a Face Covering. Children under
two (2) years of age shall not wear a Face Covering so that their
breathing may not be inhibited.
d.
Follow the Core Signage, Screening, and
Sanitation Requirements as defined in this Executive Order, except for
the requirement to have signage remind people about staying six (6) feet
apart. The Core Signage, Screening, and Sanitation Requirements
which massage therapists and establishments that provide massage therapy
must follow are:
(1)
Post the Emergency Maximum Occupancy in a noticeable place.
(2)
Post signage reminding clients and workers about social distancing
(staying at least six (6) feet away from others) and requesting that
people who have been symptomatic with fever and/or cough not enter.
(3)
Conduct daily symptom screening of workers, using a standard interview
questionnaire of symptoms, before workers enter the workplace.
(4)
Immediately isolate and remove sick workers.
(5)
Perform frequent and routine environmental cleaning and disinfection of
high-touch areas with an EPA-approved disinfectant for SARS-CoV-2 (the
virus that causes COVID-19).
For reference, NCDHHS has prepared sample signs and a sample
screening checklist questionnaire, available at
https://covid19.ncdhhs.gov/guidance, that may be used
to meet some of the requirements above. Businesses or operations do not
need to use the NCDHHS sample signs and questionnaires to meet the
requirements of Executive Order 141.
e.
Ensure that all equipment that comes into direct
personal contact with clients and all furniture in service areas is
completely cleaned and disinfected between each customer.
f.
Mark six (6) feet of spacing in lines at point of
sale and in other high-traffic areas for clients, such as at cash
registers and waiting areas.
EO 141 also recommends that clients of massage therapists and
massage establishments are strongly encouraged to wear Face Coverings
when they are within six (6) feet of another person, unless they cannot
wear Face Coverings due to religious beliefs, age, or a medical or
behavioral health condition.
Governor Cooper’s EXECUTIVE ORDER NO. 141 is effective at 5:00
pm on May 22, 2020 and shall remain in effect through 5:00 pm on June
26, 2020 unless repealed, replaced, or rescinded by another applicable
Executive Order.
It is up to massage therapists and establishments that provide
massage therapy services to comply with Governor Cooper’s Executive
Orders, as well as any order or directive from local governments that
are more strict. Massage therapists and establishments that
provide massage therapy services should take personal responsibility for
their safety and the safety of their workers and clients. Massage
therapists and establishments that provide massage therapy services may
open and practice but are not required to open and practice and should
not open and practice if they cannot reasonably assure their safety and
the safety of their workers and clients.
Once the Governor acts on future phases, the Board will provide
more information on how those phases and restrictions will affect
massage and bodywork therapy establishments and massage and bodywork
therapists returning to practice.
DATE: May 6, 2020 - NCBMBT Announcement RE: COVID-19 Executive Order from Governor Cooper
On May 05, 2020, Governor Cooper issued EXECUTIVE ORDER NO.
138. Section 5 of the Order provides that certain businesses,
including those providing massage and bodywork therapy services, shall
remain CLOSED. Massage therapists (LMBTs) may provide medical
massage therapy services upon the specific referral of a medical or
naturopathic healthcare provider.
Governor Cooper’s EXECUTIVE ORDER NO. 138 is effective at 5:00
pm on May 8, 2020, and shall remain in effect through 5:00 pm on May 22,
2020, unless repealed, replaced, or rescinded by another applicable
Executive Order.
In addition, the NC Department of Revenue will no longer be
receiving applications or granting requests to designate a business as
“essential.” As such, any LMBT or massage and bodywork therapy
establishment that received an essential designation from the DOR is
required to cease practicing at 5:00 pm on May 8, 2020. After 5:00
pm on May 8, 2020, EXECUTIVE ORDER NO. 138 takes effect and LMBTs may
provide medical massage therapy services upon the specific referral of a
medical or naturopathic healthcare provider.
Once the Governor enacts future phases, the Board will provide
additional information on how those phases and restrictions will affect
massage and bodywork therapy establishments and massage and bodywork
therapists.
DATE: April 24, 2020 - NCBMBT Announcement RE: COVID-19 Executive Order from Governor Cooper
April 24, 2020
Thursday April 23rd Governor Cooper issued Executive Order 135 that extended his current stay-at-home order through May 8th, 2020 at 5:00 p.m., unless repealed, replaced or rescinded by another applicable Executive Order. This extension of Executive Orders No. 120 and 121 requires that businesses in which social distancing cannot be maintained must remain closed. Therefore, massage and bodywork therapy establishments must remain closed and massage and bodywork therapists must not practice until 5 p.m. on May 8, 2020, unless the date is amended by another Executive Order. The Board understands the Governor will be lifting restrictions in phases and when the Governor acts the Board will provide more information on how those phases and restrictions will affect massage and bodywork therapy establishments and massage and bodywork therapists returning to practice.
You may read the full contents of Governor Cooper’s Executive Orders
No. 120, 121 and 135 here:
https://files.nc.gov/governor/documents/files/EO120.pdf
https://files.nc.gov/governor/documents/files/EO121-Stay-at-Home-Order-3.pdf
https://files.nc.gov/governor/documents/files/EO135-Extensions.pdf
We have heard from concerned therapists and we understand how
difficult this time is and has been for the massage and bodywork therapy
professionals. Please be reminded, the Massage and
Bodywork Therapy Board is an occupational licensing board.
The Board does not have the authority to require a massage and
bodywork therapy establishment or an individual therapist to close or
reopen due to this COVID-19 Pandemic. That authority,
and all regulations during this COVID-19 Pandemic, are ordered by
Federal, State and local governments.
The lobbying of Federal, State and local governments is within the
purview of AMTA, AMTA/NC Chapter and individual therapists.
The Board is prevented by statute from lobbying Federal, State
and local governments and does not retain lobbyists.
The NC Board of Massage & Bodywork Therapy is closely monitoring this
situation and will send further notices as needed. In
addition, it is imperative that you continue to be aware of and in
compliance with the local, state and federal regulations during this
COVID-19 Pandemic.
Below are useful links to provide you with up-to-date and accurate
information.
CDC.gov
https://www.cdc.gov/coronavirus/2019-nCoV/index.html
Thank you for your attention to this matter and your continued
vigilance as we move through this unprecedented time.
Be well,
Nancy Harrell, Chair
DATE: April 8, 2020
- Emergency and Temporary Rulemaking
The Board has adopted an emergency rule to assist schools with options for online education. The rule will be effective on April 17, 2020. To see the rule, please click here.
The same rule has been proposed as a temporary rule, with a public hearing scheduled on April 23, 2020 and public comment until May 20, 2020. For more information on the rule and how to comment, please click here.
DATE: March 24, 2020 - NCBMBT Announcement RE: COVID-19 Executive Order from Governor Cooper
March 24, 2020
Greetings LMBT’s,
As we are sure you are aware, the response to COVID-19 continues to
change almost daily. The Board wants to make sure
that LMBTs are aware of the latest developments in North Carolina.
Yesterday, March 23rd, Governor Cooper signed Executive Order No. 120
which orders that “because the ability to practice the social distancing
necessary to reasonably protect against COVID-19 is significantly
reduced in certain establishments where individuals are in close
proximity for extended periods of time, or service personnel are in
direct contact with clients”, massage establishments and massage
therapists are to close as of 5:00 PM on Wednesday, March 24, 2020.
You may read the full contents of the Governor Cooper’s Executive
Order No. 120 here,
https://files.nc.gov/governor/documents/files/EO120.pdf.
We are aware of the personal and professional hardship on massage and
bodywork therapists as a result of this Order; however, it is necessary
for the protection of public health and safety at this time.
All LMBTs, regardless of location or type of practice, are
required to follow this directive and cease to practice as of 5:00 PM on
Wednesday, March 24, 2020. In addition to violating
the Rules of the Board, Governor Cooper’s Order holds that violations
are punishable as a Class 2 misdemeanor.
It is equally imperative that you continue to monitor the
developments, advice and directives of local, state and federal
government officials as well as of public health officials as they
relate to COVID-19. Below are useful links to provide
you with up-to-date and accurate information.
CDC.gov
https://www.cdc.gov/coronavirus/2019-nCoV/index.html
N.C. Department of Health and Human Services
N.C. Division of Employment Security
https://des.nc.gov/need-help/covid-19-information
Thank you for your attention to this matter and your continued
vigilance as we move through this unprecedented time.
The North Carolina Board of Massage and Bodywork Therapy will
continue to monitor this situation and send further emails as necessary.
Be well,
Nancy Harrell, Chair
DATE: March 19, 2020 - NCBMBT Announcement RE: COVID-19 and Board Operations
Like you, the North Carolina Board of Massage and Bodywork Therapy is
monitoring the outbreak of COVID-19 and its impact. The Board is
committed to maintaining normal operations, and as of March 17, 2020,
the Board is operating on its regular schedule. However, to protect the
health of the staff, the office is not open for walk-in service,
but is available for mail, email, fax and telephone services.
Please monitor the Board’s website for updates on the Board’s operating
status.
DATE: March 16, 2020 - NCBMBT Announcement RE: COVID-19
Greetings LMBTs,
We hope this email reaches you in good
health!
The Board has been closely monitoring the COVID-19
medical situation. We wanted to be in touch with you about our thoughts
and our accommodations to you and your business at this time. Please
remember that our mandate from the State is to protect the public.
First, if you have an LMBT license that expires December 31, 2020,
we realize that you might have paid for classes or planned to take
classes or planned to attend a conference that has now been cancelled.
Likely, for several months, hands-on classes will be cancelled pursuant
to the directive of both the CDC and the Governor of NC. We realize this
puts a hardship on your ability to acquire the required hands-on classes
to renew your license. For the renewal period ending in December 31,
2020 ONLY, the Board will be allowing all CE classes to be online. You
must still renew on time and must still enter all your data into the
Board’s web-based site, there is no exception to this. We are making
this one time accommodation due to the extremely rare situation the
world finds itself in at this time.
Secondly, many of you have
written to ask if you should be seeing clients at all during this time.
This is a decision that each therapist or business must make for
themselves. We all have access to the same medical information and we
will share a few links for your information here. Some therapists have
made the decision to close business for a few weeks. Some therapists are
still seeing clients, taking an abundance of caution with hand washing,
cleaning equipment, wearing gloves and or masks, cleaning any surfaces
that a client might touch while within the business.
Each LMBT
must make the best decision for themselves and their business, taking
into account all the factors mentioned above, especially your and the
Board’s obligation to protect the public.
Here are some links
that might be helpful in making your decisions.
CDC.gov:
https://www.cdc.gov/coronavirus/2019-ncov/index.html
Duke
Health:
https://www.dukehealth.org
Mayo Clinic:
https://www.mayoclinic.org
The North Carolina Board of
Massage Therapy and Bodywork will continue to monitor this unique
situation and send further emails when there are changes that need to be
communicated.
We appreciate your continued excellence in your
care of your clients, your co-workers and yourself.
Be well,
Nancy Harrell, Chair
NCBMBT
A PDF of the above letter can be downloaded Here.
DATE: Febuary 20, 2020 - Opinion on use of CBD oil
The Board does not currently have the expertise or ability to
determine the efficacy of or long term effects of CBD oil and must rely
on other agencies to do so. The Board does not have sufficient
information at this time to determine that the use of CBD oils by a LMBT
during a treatment session is not harmful to the LMBT (short or long
term) or that the use of CBD oils provides any medical benefit to the
client. Therefore, the Board cannot issue an affirmative opinion
on those issues. I would also refer you to the North Carolina
Medical Board webpage that addresses use of CBD products:
https://www.ncmedboard.org/resources-information/faqs/cbd-oil.
LMBTs are required to only use and sell legal products.
While hemp may be a legal product to grow in North Carolina and while a
few hemp products have been specifically approved for use in North
Carolina, I know of no Attorney General Opinion, statute or case that
states CBD oil may legally be used by a LMBT in a treatment session or
may be legally sold to the public.
If the NC Attorney General issues an opinion, or a NC statute
is enacted, or a NC case is decided that states CBD oil may be and is
safe to be used by a LMBT in a treatment session or sold to the public,
the Board will consider that decision. Otherwise, the Board cannot
render its opinion that CBD oil may be and is safe to be used by a LMBT
in a treatment session or sold by the LMBT to the public.
On January 9, 2019, the Board requested an opinion from the NC
Attorney General’s Office. On August 28, 2019 and September 10,
2019, the Board reiterated its request to the Attorney General’s Office.
On September 10, 2019, an assistant attorney general responded to the
request advising they are researching the issues. We now have a
February 4, 2020 response from Tien Cheng, Assistant NC Attorney
General, which provides:
Thank you for your January 9, 2019 email and
subsequent emails on the questions “whether ‘hemp based CBD oil’ is
legal to use as a lotion in a massage and bodywork therapy session in
North Carolina or is legal for [a licensed massage and bodywork
therapist] to sell in North Carolina.” Due to pending and evolving
legislation, the Attorney General’s Office is unable to provide the
North Carolina Board of Massage and Bodywork Therapy with an advisory
letter; however, we would like to share the following information:
The North Carolina General Assembly is
considering Senate Bill 315 (v.10), which if passed in its current
edition would clarify the legal landscape of hemp products, including
CBD oil (cannabidiol), in North Carolina. There is also language in
SB315 (v.10), Section 2.(b) to amend Schedule VI of the North Carolina
Controlled Substances Act. The 2018 U.S. Farm Bill has already exempted
hemp from the term marihuana (marijuana) and THC in hemp from the
Federal Controlled Substances Act. See Pub. L. 115-334, Sec. 12608. You
can follow the status of SB315 at
https://www.ncleg.gov/BillLookUp/2019/sb315.
On the civil side, cannabidiol and other hemp
products will still have to comply with the Federal Food, Drug, and
Cosmetic Act (FFD&CA) and also the North Carolina Food, Drug, and
Cosmetic Act. The Federal Food and Drug Administration has indicated
that cosmetic products including cannabis and cannabis-derived
ingredients still need to comply with the FFD&CA, including that they
cannot be adulterated or misbranded. (https://www.fda.gov/news-events/public-health-focus/fda-regulation-cannabis-and-cannabis-derived-products-questions-and-answers#cosmetics).
Again, thank you for your inquiry, but due to
pending and evolving legislation, the Attorney General’s Office is
unable to provide an advisory letter.
As you can see from the above, the NC Attorney General’s
Office, due to pending and evolving legislation, is unable to provide an
opinion or an advisory letter. It does seem clear that any
cannabidiol and other hemp product used or sold by a LMBT
will have to comply with the Federal Food, Drug, and Cosmetic Act
(FFD&CA) and also the North Carolina Food, Drug, and Cosmetic Act.
Whether or not the Board decides to take affirmative action
against LMBTs for their use of CBD oil in a treatment session or for
sales to the public will depend on when (or if) the appropriate
authorities in North Carolina determine CBD oils are safe and legal to
be used by a LMBT in a treatment session and are safe and legal to sell
to the public in North Carolina. Furthermore, such a decision is
dependent on the facts of the matter and is a decision that has to be
made by the Board based on the facts and circumstances.
The Board hopes to provide more information when either a NC
court or the NC legislature provides guidance.
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
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
(C)
Documentation shall include a syllabus and the date and hours of
presentation.
(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.
(c) An incomplete complaint may be
corrected and resubmitted.
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
(c)
if the operator is not the owner, the operator shall provide the
information required in Rule .1004.
(2)
Location information, including:
(a)
Physical address of the establishment, and mailing address if different;
(b)
Website address, if any; and
(c)
Business phone number.
(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;
(c)
provide for storage or removal of flammable materials;
(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
(c)
advertisement of massage and bodywork therapy services shall include the
establishment's name and license number.
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.
(c) Client records are the property of the:
(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
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, 13th 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
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
Fiscal impact (check all that apply).
-
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:
(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) 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, personperson, 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
(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.
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
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 additional information:
(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
(c) Business phone number.
(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;
(c) provide for safe storage or removal of flammable materials;
(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
(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;
(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 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;
(c) Client records are the property of the:
(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.
(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.
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.
(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 it occurs.
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
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
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 changes to
continuing education will begin no earlier than August 1, 2019 for those
licensees whose licenses expire December 31, 2021 and have to renew
their license by November 1, 2021. The changes to continuing
education will NOT affect licensees whose licenses expire December 31,
2017, December 31, 2018, December 31, 2019 or December 31, 2020.
Rule Change Updates November 10, 2016
The North Carolina Board of Massage and Bodywork Therapy will be holding
a public hearing to discuss ten (10) amendments and one (1) adoptions to
the Rules and Regulations of the Board. This hearing is
mandated by G.S. 150B-21.2(c) and will be held at 10:00 a.m. on December
15, 2016 in the large conference room on the 13th floor
of the Wells Fargo Bank building, 150 Fayetteville Street, Raleigh, N.C.
27601.
The texts of the changes are as follows:
TITLE 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS
CHAPTER 30 - BOARD OF MASSAGE AND BODYWORK THERAPY
Notice is hereby given in accordance with
G.S. 150B-21.2 that the Board of Massage and Bodywork Therapy intends to
adopt the rule cited 21 NCAC 30 .0906 and amend the rules cited as 21
NCAC 30 .0504, .0601, .0602, .0618, .0620, .0623, .0628, .0629, .0630,
and .0903.
Link to agency website pursuant to G.S. 150B-19.1(c): http://bmbt.org/pages/news.html
Proposed Effective Date: April 1,
2017
Public Hearing:
Date: December 15, 2016
Time: 10:0 a.m.
Location: Wells Fargo Capitol Center, 13th Floor
Conference Room, 150 Fayetteville Street, Raleigh, NC 27601
Reason for Proposed Action: The amendment to
Rule .0504 is being submitted to clarify documentation requirements. The
amendments to Section .0600 are being submitted to comply with the
approval portion of the State authorization regulations for the US
Department of Education and to clarify the confidentiality of
investigative materials. The adoption of Rule .0906 is
being submitted to allow summary suspension on a license.
Comments may be submitted to: Charles P.
Wilkins, P.O. Box 2539, Raleigh, NC 27602, phone (919) 546-0050, fax
(919) 833-1059, email cwilkins@bws-law.com
Comment period ends: January 17, 2017
Procedure for Subjecting a Proposed Rule to Legislative Review: If
an objection is not resolved prior to the adoption of the rule, a person
may also submit written objections to the Rules Review Commission after
the adoption of the Rule. If the Rules Review Commission receives
written and signed objections after the adoption of the Rule in
accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly
requesting review by the legislature and the Rules Review Commission
approves the rule, the rule will become effective as provided in G.S.
150B-21.3(b1). The Commission will receive written objections until
Fiscal impact (check all that apply).
State funds affected
Environmental permitting of DOT affected
Analysis submitted to Board of
Transportation
Substantial economic impact (≥$1,000,000)
Approved by OSBM
No fiscal note required by G.S.
150B-21.4
SECTION .0500 - STANDARDS OF PROFESSIONAL CONDUCT
21 NCAC 30 .0504 DOCUMENTATION; REFERRALS
On an ongoing basis, the licensee shall:
(1) maintain documentation for each session, when
practicable, including the date of service,
needs assessment, plan of care, observations made and actions taken by
the licensee;
(2) refer the client to other health care
practitioners or other professional service providers when in the best
interest of the client or licensee;
(3) follow recommendations for the plan of care
when receiving a client referral from a medical care provider. Questions
or concerns regarding such referrals shall be directed to the referring
provider.
Authority G.S. 90-626(9).
SECTION .0600 - MASSAGE AND BODYWORK THERAPY SCHOOLS
21 NCAC 30 .0601 BOARD APPROVAL
(a) Any postsecondary
school of higher education, school, whether
in this State or another state or territory that offers a certificate,
diploma or degree program in massage and bodywork therapy may make
application for Board approval on a form provided by the Board. Every
school must submit an application to be considered for approval, whether
or not such school has been licensed, approved or accredited by another
regulatory agency, accreditation commission or trade association. A
school that operates in more than one location shall submit a separate
application for each location.
(b) The Board shall grant approval to postsecondary
schools of higher education schools that
meet the standards set forth in this Section. Such
approval authorizes the school to offer a certificate, diploma or degree
program in massage and bodywork therapy that prepares individuals to
become Licensed Massage and Bodywork Therapists in this State. The
approval shall be for a period of one year unless increased pursuant to
Paragraph (c) of this Rule. The Board shall maintain a
list of approved schools.
(c) In order to maintain approval status, each school
shall submit a report by April 1 of the year the school's approval
expires. This report shall be on a form provided by the
Board, that shall require documentation of authority to operate pursuant
to Rule .0610 of this Section if granted by any entity other than this
Board, student enrollments, and any changes in curriculum, instructional
staff or administrative staff. If a school has remained in
compliance with all Board rules for a period of five consecutive years
and has no disciplinary action taken against it by the Board for a
period of five consecutive years, the Board shall increase the period of
approval for that school from one to two years.
(d) An approved school shall notify the Board in writing
within 30 days of any change in the school's location address,
ownership, controlling interest, administration, facilities,
instructional staff, or curriculum.
(e) The school approval term begins on July 1 and ends on
June 30. For the purposes of this Section, this term shall
be considered the fiscal year.
(f) If a Board-approved school has not met the
requirements for renewal by June 30 preceding the new fiscal year, its
approval status shall be deemed expired.
(g) Approval shall be reinstated by the Board if a school
whose approval has expired pursuant to Paragraph (f) of the Rule
completes its renewal process by July 31 of the fiscal year. A
school that has had its approval reinstated by July 31 shall be
considered to have maintained its approval status on a continuous basis,
pursuant to Paragraph (i) of this Rule.
(h) The Board shall not renew the approval of a school
that has not met the approval standards by July 31 of the year in which
the school is scheduled to renew.
(i) Pursuant to G.S. 90-629(4), "successful completion of
a course of study at a Board-approved school" means that the applicant
graduated from a school that maintained its approval status with the
Board on a continuous basis during the applicant's time of enrollment.
Authority G.S. 90-626(9); 90-631.
21 NCAC 30 .0602 DEFINITIONS
The following definitions shall apply to this Section:
(1) Accreditation; accredited Status granted to a postsecondary
school of higher education post-secondary
institution of higher learning that has met
standards set by an accrediting agency recognized by the Secretary of
the United States Department of Education.
(2) Additional location. -- A facility not part
of, nor adjoining the facility of an approved school, where an approved
school intends to offer a program. Each such location is
considered a separate school, requiring a new Application for School
Approval to be submitted to the Board.
(3) Additional program. -- A program that is of a
different title, subject matter, or that increases or decreases by more
than 10 percent the number of hours of instruction than the program
under which the school received its initial approval from the Board. An
approved school that intends to offer an additional program shall submit
an Application for Additional Program Approval.
(4) College A
postsecondary school of higher education An
institution of higher learning that awards an
Associate degree or higher.
(5) Instructor. -- A person who meets the
qualifications set forth in Rule .0612 who is responsible for delivering
course content according to curricula established by the school, and who
is responsible for managing the classroom environment.
(6) Key administrative staff. -- The school's
program director, director of education, and other administrative staff
members who direct areas such as operations, admissions, financial aid,
placement, or student services.
(7) Massage and bodywork therapy school. A
postsecondary school of higher education Any
educational institution that conducts a program,
as defined in this Rule, for a tuition charge. Such
institutions may be organized as proprietary schools that are privately
owned and operated by a sole proprietor, partnership, corporation,
association, or other entity; or may be post-secondary colleges or
universities, whether publicly or privately owned.
(8) One classroom hour of supervised instruction.
-- At least 50 minutes of any one clock hour during which the student
participates in a learning activity in the physical presence of a member
of the schools instructional staff.
(9) One year of professional experience. -- In
determining the qualifications of administrative or instructional staff
members, at least 500 hours of documented work in the professional job
responsibility or subject area in a given year.
(10) Program. -- A course of study or curriculum
consisting of a specified number hours of instruction consistent with
the standards set forth in Rule .0620 that is intended to teach adults
the skills and knowledge necessary for the professional practice of
massage and bodywork therapy, as defined in G.S. 90-622(3). Each
program of a specified number of instructional hours shall be considered
a separate program for the purposes of Board approval, and shall require
a separate application for approval.
(11) Student enrollment. -- The total number of
students at an approved school in a designated fiscal year who have
begun a program for which they have registered and paid a fee for that
fiscal year, and who have completed more than 15 percent of such
program.
(12) Teaching assistant. -- A person who meets the
qualifications set forth in Rule .0612, who is in the classroom to
support the role of the instructor, and who may provide instruction to
students only in the presence of and under the direct supervision of the
instructor.
Authority G.S. 90-626(9); 90-631.
21 NCAC 30 .0618 ADMISSIONS
(a) A school shall maintain admission policies and
procedures that are disclosed to the public and administered
consistently.
(b) A school shall conduct an orientation session for
persons who have applied for admission or who are considering
application for admission. Such orientation shall include
an overview of the program's educational objectives and curriculum, the
academic and physical requirements of the program, existing employment
opportunities in the field, the time and financial requirements of the
program, and state requirements for licensure.
(c) Admissions standards shall be designed to ensure that
only those applicants are admitted who have the cognitive, motor and
behavioral skills and moral character necessary to successfully complete
the program and to practice massage and bodywork therapy in a safe and
effective manner.
(d) A school shall conduct a pre-enrollment interview with
each applicant to determine the applicant's qualifications. The
information gathered from this interview shall be evaluated with all
written documentation submitted by the applicant before the school
renders a decision on the application.
(e) A school shall
only admit applicants who are high school graduates or who have earned a
General Equivalency Diploma (GED).
(e) (f) A
school shall maintain written documentation of the basis for admission
of the student. Such records shall include copies of high
school diploma diploma,
GED, or transcripts, proof of age, and other
specific admission requirements of the school.
(f) (g) Documentation
of the reasons for the denial of admission of any student shall be
maintained for at least three years.
(g) (h) A
school must comply with the admissions standards of this Rule but may
enroll students in individual courses not leading to a credential.
Authority G.S. 90-626(9); 90-631.
21 NCAC 30 .0620 PROGRAM REQUIREMENTS
Pursuant to G.S. 90-631(1), programs shall meet the following
requirements:
(1) A school shall develop and adhere to a set of
educational objectives that describe the intended skills, knowledge, and
attitudes that the program is designed to develop in the student by the
completion of the program;
(2) The program shall have a core curriculum of
at least 500 classroom hours of supervised instruction. The
core curriculum shall contain the following hours of specific course
work that are consistent with the school's mission and educational
objectives:
(a) 200 hours in the fundamental theory and
practice of massage and bodywork therapy that is designed to produce
comprehensive entry-level skills in the application of direct
manipulation to the soft tissues of the human body, and is based in
therapeutic methods consistent with the definition set forth in G.S.
90-622(3) such as Swedish massage, acupressure, shiatsu, deep muscle
massage, trigger point therapy, and connective tissue bodywork. Of
the 200 hours in this category, at least 100 hours shall be in the
application of hands-on methods. The balance of the hours
shall include client assessment skills, indications and
contraindications for treatment, body mechanics, draping procedures,
standard practices for hygiene and control of infectious diseases, and
the history of massage and bodywork therapy;
(b) 100 hours in anatomy and physiology related
to the practice of massage and bodywork therapy, that shall include the
structure and function of the human body and common pathologies;
(c) 15 hours in professional ethics, and
(d) 15 hours in business management practices
related to the practice of massage and bodywork therapy;
(e) 20 hours in psychological concepts related to
the practice of massage and bodywork therapy, including dynamics of the
client/therapist relationship, professional communication skills, the
mind-body connection, and boundary functions;
(f) 150 hours in other courses related to the
practice of massage and bodywork therapy. The courses may
include additional hands-on techniques, specific applications,
adjunctive modalities, in-depth anatomy and physiology, kinesiology,
psychological concepts, or supervised clinical practice. First
Aid or CPR shall not be included in this category. Techniques
that are considered exempt from licensure pursuant to G.S. 90-624(6) or
(7), and that are further defined by Rule .0203(a) constitute up to 50
hours of the 150 hours in this category.
(3) For programs that include a student clinic or
fieldwork experiential component, the hours shall not exceed 100 hours
of the minimum requirement set forth in Sub-item (2)(f) of this Rule. All
work shall be in the presence of and directly supervised and evaluated
by an instructional staff member;
(4) For programs that include an externship
component, the hours shall not be included in the requirements set forth
in Item (2) of this Rule, and shall not comprise more than 20 percent of
the total program hours. All work at the externship site
shall be supervised by a person at the externship site who is acceptable
to the school, and shall be monitored and evaluated by the school;
(5) The program shall provide curriculum hours
that allow its graduates to meet the minimum eligibility requirements
for at least one of the competency assurance examinations that are
approved by the Board as meeting the licensure requirement set forth in
G.S. 90-629(5);
(6) Programs shall consist of a series of courses
that are organized in a logical sequence, and that are consistent with
the educational objectives. Sequential organization means
that within a course, each class prepares students for the next class;
overall, each course gives students the skills and knowledge necessary
for the next course. Material is not presented unless
students have the necessary skills and knowledge to utilize that
material safely and effectively;
(7) Course titles shall match the content of the
course; published course descriptions shall accurately reflect the
specific learning objectives of each course; sufficient hours shall be
allotted to each course to allow students to gain competence in the
subject areas covered;
(8) A course curriculum is developed for each
course that shows the basic content of each individual class in the
course in the sequence presented;
(9) Course requirements and competencies are
consistent from instructor to instructor. Teaching
materials, including lesson plans, for
every class taught, are developed and maintained
for each course to ensure consistency. Teaching methods are appropriate
to course content, and to diverse learning styles;
(10) Programs shall be at least 24 weeks in length,
with no more than nine instructional hours in one day. There
shall be no more than two hours of instruction without a break. There
shall be no more than four hours of instruction without a meal break;
(11) For a student to receive credit in a course,
the student shall attend no less than 75 percent of the instructional
hours of the course. The student shall also make up
sufficient missed instructional hours to equal no less than 98 percent
of the instructional hours in the course according to the procedures
established by the school;
(12) A syllabus shall be developed for each course
and provided to students prior to the beginning of instruction. The
syllabus shall include the following elements:
(a) course title,
(b) course description,
(c) learning objectives,
(d) teaching methodologies,
(e) total number of instructional hours,
(f) meeting dates and class times,
(g) assignments,
(h) textbooks,
(i) evaluation methods,
(j) quiz and examination dates, and
(k) performance standards.
(13) For post-secondary institutions, courses that
fulfill the requirements set forth in Item (2) of this Rule shall
support the program in massage and bodywork therapy. Courses
in addition to these requirements may include courses from other
departments or programs that are relevant to the practice of massage and
bodywork therapy; and
(14) For classes that involve hands-on practice,
the student to instructor ratio shall not exceed 16 to 1. Both
instructors and teaching assistants, as defined in Rule .0612 of this
Section shall be considered in calculating these ratios.
Authority G.S. 90-626(9); 90-631.
21 NCAC 30 .0623 LEARNING RESOURCES
The school shall provide sufficient learning resources to students and
instructional staff to support the educational objectives of the program
as follows:
(1) The school shall maintain a library
or resource center that contains or
provides access to books, periodicals, and other
informational materials in the field of massage and bodywork therapy. As
an alternative, the school may have a contractual agreement with another
facility to provide access to such resources.
(2) All other resources, such as charts, models,
or electronic media, shall be maintained in good condition.
Authority G.S. 90-626(9); 90-631.
21 NCAC 30 .0628 ETHICAL REQUIREMENTS IN
ADVERTISING
The following requirements pertain to all advertising and promotional
activities conducted by, or on behalf of the school, including such
media utilized as print, broadcast, verbal presentations, data
transfer technologies, electronic,
internet, videotape, or audiotape:
(1) Educational programs and services offered
shall be the primary emphasis of all advertisements, publications,
promotional literature, and recruitment activities, whether distributed
to prospective students or the general public.
(2) All statements and representations made shall
be factually accurate and current. Supporting information
shall be kept on file and available for review for at least three years. All
advertising and promotional materials shall include the correct name and
location of the school.
(3) A school shall not falsely represent its
facilities in photographs, illustrations, or through other means.
(4) The school catalog or bulletin shall contain
all information required in Rule .0630 of this Section.
(5) All advertising and promotional activities
shall indicate that massage and bodywork training and not employment is
being offered. No overt or implied claim of individual
employment shall be made. No false or deceptive statements
regarding employment opportunities or earning potential in the field of
massage and bodywork as a result of the completion of the course of
study shall be used to solicit students.
(6) Letters of endorsement, commendation, or
recommendation in favor of a school shall be used for advertising or
promotion only with the written consent of the author without any offer
of financial compensation, and only when such letters portray current
conditions or facts. Letters shall contain the date they
were received, shall be kept on file and be subject to inspection.
(7) Programs that use placement information in
advertisements, catalogs or other printed documentation shall
corroborate the data.
(8) School literature and advertisements shall
not quote "high top" or "up to" salaries unless they also indicate the
normal range or starting salaries for graduates.
(9) Schools offering programs that are not
approved by the Board shall identify which programs are Board approved.
(10) Schools shall describe requirements for state
licensure.
(11) Schools shall not defame competitors by
falsely imputing to them dishonorable conduct, inability to perform on
contracts, or by the false disparagement of the character, nature,
quality, values, or scope of their educational services, or in any other
material respect.
Authority G.S. 90-626(9); 90-631.
21 NCAC 30 .0629 STUDENT ENROLLMENT AGREEMENT
(a) An approved school shall execute a Student Enrollment
Agreement for training with every student. The agreement
must contain the following:
(1) Name and telephone number of the school and
location of where the student will attend classes;
(2) Student's name, address, telephone number;
(3) Name of the program in which student is
enrolling, number of clock or credit hours of the program, beginning and
ending dates, length of program in weeks or months, and expected
graduation date;
(4) Program tuition and all related costs,
including application and registration fees and estimated cost of books
and supplies;
(5) Refund and cancellation policies, including
student's right to cancel;
(6) Payment methods, including cash, installment
payment plans, or financial aid (as applicable); interest charged; and
methods used to collect delinquent tuition;
(7) Placement guarantee disclaimer;
(8) Grounds for dismissal from the school;
(9) Statement that you must hold a North Carolina
massage and bodywork therapy license in order to practice massage and
bodywork therapy in North Carolina;
(10) Statement that good moral character is a
requirement for licensure as a massage and bodywork therapist in North
Carolina and, pursuant to G.S. 90-629.1, the North Carolina Board of
Massage and Bodywork Therapy may deny a license to practice massage and
bodywork therapy if an applicant has a criminal record or there is other
evidence that indicates the applicant lacks good moral character;
(11) Statement referencing the school catalog and
student handbook as a part of the enrollment agreement;
(12) Statement certifying that student has read and
understands all terms of the enrollment agreement; and
(13) Signature lines for school official and
student.
(b) A copy of the executed
agreement signed
and dated Student Enrollment Agreement shall be
provided to the student and a copy shall be placed in the student's
permanent file.
Authority G.S. 90-626(9); 90-631.
21 NCAC 30 .0630 SCHOOL CATALOG
An approved school shall publish a catalog or bulletin that is certified
by an official of the school as being current, true, and correct in
content and policy. All
school catalogs or bulletins, in print or online, shall be current and
accurate. If updates are being printed, addenda shall be
used for the printed catalog or bulletin and online sources, such as
websites, shall continuously be updated so as to be current. The
catalog shall include the following information:
(1) School name, location address, and phone
number;
(2) Volume number and date of publication;
(3) Ownership structure, including type of legal
entity and names of owners, Board of Directors members, or academic
officers at public institutions;
(4) Names and titles of all instructional and key
administrative staff;
(5) Statement of school mission, philosophy, and
educational program objectives;
(6) School history and identification of all
licenses, approvals or accreditations that the school maintains;
(7) Definition of measurement of program, whether
in clock hours or credit hours;
(8) Course descriptions, including number of
hours for each course;
(9) Graduation requirements, including type of
credential issued upon graduation;
(10) Requirements for licensure, certification or
registration of therapists in the state, province, or country in which
the school operates;
(11) Standards for admission, description of the
school's admissions process, and requirement of a signed Student
Enrollment Agreement;
(12) School calendar, including beginning and
ending dates of all programs, all holidays and days off;
(13) Length of time required for completion of the
program;
(14) Program tuition and all associated costs,
including textbooks, supplies, and other expenses;
(15) Refund policy;
(16) Description of facilities and learning
resources;
(17) Student services;
(18) Policy regarding prohibition of compensation
to student for performing massage and bodywork therapy;
(19) Academic policies, including the following:
(a) Grading system;
(b) Standards of satisfactory academic progress;
(c) Description of disciplinary procedures,
including conditions for probation, suspension, dismissal or expulsion,
conditions of reentrance for students dismissed for unsatisfactory
academic progress;
(d) Transfer of credit from other institutions;
(e) Attendance requirements, make-up work,
tardiness, leave of absence;
(f) Standards of conduct, including a sexual
harassment policy; and
(g) Complaint policy, process for complaint
resolution, name and address of the school regulatory agency for filing
complaints when institutional process does not bring resolution; and
(20) Statement pursuant to G.S. 90-629.1, that the
North Carolina Board of Massage and Bodywork Therapy may deny a license
to practice massage and bodywork therapy if an applicant has a criminal
record or there is other evidence that indicates the applicant lacks
good moral character.
Authority G.S. 90-626(9); 90-631.
SECTION .0900 - COMPLAINTS, DISCIPLINARY ACTION AND HEARINGS
21 NCAC 30 .0903 ACTION ON A COMPLAINT
Action on a complaint consists of the following:
(1) The Board shall receive and acknowledge
complaints, open a file and initiate complaint tracking.
(2) Complaints shall be screened to determine
jurisdiction and the type of response appropriate for the complaint.
(3) Investigation:
(a) If the facts indicate a Practice Act
violation that cannot be verified and the complaint can be handled
without an investigation, the Board may request that the licensee or
school cease conduct that could result in a Practice Act violation.
(b) If the facts indicate a Practice Act
violation, the Board shall commence an investigation. The
Board may utilize additional personnel such as licensees, law
enforcement officials, or other technical personnel that may be required
in a particular case. If a Board member is utilized in the
investigation, due process must be observed by separating
(i) investigation;
(ii) prosecution; and
(iii) hearings and final decision-making.
No Board member shall participate in more than one of these three steps
in the enforcement process.
(c) A confidential report of each investigation
shall be prepared for the Board's review.
(d) Prior to
a decision rendered by the Board, any materials generated or obtained by
the Board in conducting an investigation shall be considered
confidential investigation records not subject to the Public Records Act
(Chapter 132 of the General Statues); however; copies of such materials
may be provided to a licensee subject to disciplinary action, or to the
licensees attorney, so long as identifying information concerning the
treatment or delivery of professional services to a patient who has not
consented to its public disclosure is deleted or redacted.
(4) Formal and Informal Hearings:
(a) The Board, after review of an investigative
file, may schedule an informal meeting.
(b) If the matter cannot be resolved informally,
then a formal hearing shall be held.
(c) Members of the Board shall not make ex parte
communication with parties to a hearing.
(5) Final Orders: Within 60 days, the Board will
issue its final decision in writing specifying the date on which it will
take effect. The Board will serve one copy of the decision
on each party to the hearing.
(6) Compliance: The Board Chair
will cause a follow-up inquiry to determine that the orders of the Board
are being obeyed.
Authority G.S. 90-626(5), (6), (7), (13).
21 NCAC 30 .0906 SUMMARY SUSPENSION
The Board may impose an immediate suspension of licensure in cases where
the continued practice of a massage and bodywork therapist poses an
imminent and continuing threat to public health, welfare or safety so
long as the Board schedules a hearing to occur within 60 days of the
effective date of the suspension order.
Authority G.S. 90-626(3)
Rule Change Updates July 21, 2016
The Rules Review Commission approved amendments to Rules .0201,
.0701 and .0702 of the North Carolina Board of Massage and Bodywork
Therapy (Board). Rules .0201 and .0701 became effective October 1,
2015 and Rule .0702 became effective November 1, 2015. The Board
is currently developing guidelines for a contractual agreement to
approve continuing education providers and courses. The Federation
of State Massage Boards (FSMTB) and the National Certification Board in
Therapeutic Massage and Bodywork (NCB) have agreed to work on a joint
effort to provide approval and oversight for continuing education and
they are currently working on the details of that effort. The
Board is waiting to review the final product developed by the FSMTB/NCB
collaboration before developing guidelines for a contractual agreement
to approve continuing education providers and courses. Due to this
delay, the changes to continuing education will begin no earlier than
August 1, 2017 for those licensees whose licenses expire December 31,
2019 and have to renew their license by November 1, 2019. The
changes to continuing education will NOT affect licensees whose licenses
expire December 31, 2016, December 31, 2017 or December 31, 2018.
New Rule Amendments - November 2, 2015
The Rules Review Commission approved amendments to Rules .0201, .0701
and .0702 of the North Carolina Board of Massage and Bodywork Therapy.
Rules .0201 and .0701 became effective October 1, 2015 and Rule .0702
became effective November 1, 2015. The Board is currently
developing guidelines for a contractual agreement to approve continuing
education providers and courses. The changes to continuing
education will begin August 1, 2016 for those licensees whose licenses
expire December 31, 2018 and have to renew their license in 2018.
The changes to continuing education will NOT affect licensees whose
licenses expire December 31, 2016 or December 31, 2017.
The texts of the changes are as follows:
TITLE 21 OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS
CHAPTER 30 - BOARD OF MASSAGE AND BODYWORK THERAPY
SECTION .0200 APPLICATION FOR LICENSE
21 NCAC 30 .0201 APPLICATION AND SCOPE
(a) Each
applicant for a license as a massage and bodywork therapist shall
complete an application
form provided by the Board.application. The
application shall include the following:
(1) full name (last name, first name, middle name
and maiden name, if applicable);
(2) name
as the applicant wants it to appear on license (must be part or all of
applicants legal name);
(3) current
residence;
(4) mailing
address;
(5) city,
state, zip code and county;
(6) Social
Security Number;
(7) city
and state of birth;
(8) date
of birth;
(9) telephone
number (e.g. home, mobile and business);
(10) email
address;
(11) trade
name or business name (if applicable);
(12) business
address;
(13) type
of license applying for (Regular, License by Endorsement A or License by
Endorsement B);
(14) examination
agency (FSMTB, NCCAOM or NCBTMB, if applicable);
(15) exam
taken (MBLEx, NCETMB, NCETM or ABTE, if applicable);
(16) whether
or not a U.S. citizen;
(17) physical description (gender, height, eye color, race, weight and hair color);
(18) place of residence for the previous ten years including date, street address, city, state, zip code and county;
(19) professional experience for the previous ten years including date, job title, type of business, hours worked per week, employers name, address, state, zip code, area code and phone number and reason for leaving, if applicable;
(20) education (high school, college/university, graduate or professional) including name of educational institution, city, state, zip code, whether or not you were issued a certificate, diploma or degree and month and year of graduation;
(21) previous or current licensure, registration or certification in another state or territory, including state, license, registration or certification type, license or credential number, date issued and date of expiration;
(22) professional affiliations and achievements;
(23) whether the applicant has had any of the following situations and explain such instances:
(a) charged with, arrested for, convicted of, or plead guilty or no contest to a violation of any law;
(b) had a drivers license canceled, suspended or revoked;
(c) pending charges in any state or jurisdiction;
(d) violated any federal or state statue or rule which relates to massage and bodywork therapy or any other healthcare profession;
(e) obtained or attempted to obtain compensation by fraud or deceit;
(f) involved in a civil suit related to your practice of massage and bodywork therapy or other healthcare profession;
(g) had any judgments entered against you;
(h) expelled, fired, asked to resign or otherwise suspended from any educational institution;
(i) fired, asked to resign or otherwise suspended from employment;
(j) denied a massage therapy license or a license for any other healthcare profession;
(k) had a license revoked or suspended;
(l) have any formal disciplinary charges pending or action taken by any masage or bodywork therapy licensing board or medical board;
(m) been diagnosed with a mental illness;
(n) been diagnosed as being dependent on alcohol or drugs;
(o) abused alcohol or drugs;
(p) been evaluated or treated for mental health or substance abuse issues;
(q) used any drug or alcohol to the extent it adversely affected your professional competence or employment;
(24) an attestation under oath before a notary that the information on the application is true and also complete an affidavit of applicant to the Board of all information pertaining to the application.
(b) This form application shall
be submitted to the Board and shall be accompanied by:
(1) One
original color photograph of the applicant taken within six months
preceding the date of the application of sufficient quality for
identification. The photograph shall be of the head and
shoulders, passport type, two inches by two inches in size;
(2) The
proper fees, as required by Rule .0204
of this Section and G.S. 90-629.1(b);
(3) Documentation
that the applicant has earned a high school diploma or equivalent;
(4) Documentation
that the applicant is 18 years of age or older;
(5) Documentation
that the applicant has successfully completed
a course of study at a school approved by the Board according to these
rules and consisting of a minimum of 500 classroom hours of supervised
instruction. If the applicant attended a school which that is
not approved by the Board, the Board may elect to review that applicants school
and educational credentials for approval curriculum on
a case-by-case basis. The documentation of such training must shall come
from a school which that is
licensed by the educational licensing authority in the state, territory
or country in which it operates,
or is exempt by statute. operates. In
North Carolina the documentation mustshall 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
(a) Pursuant to G.S. 90-632, a licensee, when renewing a license, shall document that they have completed at least 24 contact hours of approved continuing education during the immediately preceding licensure period, provided the licensure period is two years or more. If the licensure period is less than two years, but more than one year, the licensee shall document that they have completed at least 12 contact hours of approved continuing education.
(b) For the purposes of this Section, "approved continuing education" means a course offered as follows:
(1) by an approved provider as defined in Rule
.0702; or
(2) a course
approved by the National Certification Commission for Acupuncture and
Oriental Medicine (NCCAOM); or
(3)(2) a
course in anatomy, physiology, pathology pathology,
psychology, pharmacology, massage and bodywork therapy or
business management taken at a post secondary institution of higher
learning.
(c) Distance learning, as defined in Rule .0702 of this Section, shall not comprise more than 12 hours of the required continuing education hours per licensure period.
(d) Licensees shall document that they have completed at least three contact hours of continuing education in professional ethics as defined in Rule .0702 of this Section, out of the minimum of 24 hours of approved continuing education required for license renewal. This may be obtained through supervised classroom instruction or distance learning.
(e) Business management, as defined in Rule .0702 of this
Section, shall not comprise more than three eight hours
of the minimum 24 hours of approved continuing education required for
license renewal.
(f) Licensees shall ensure that each continuing education course for which they claim credit on their application for renewal of licensure is consistent with the definitions and requirements set forth in this Section.
(g) The Board may audit licensees at random to assure compliance with these requirements.
History Note: Authority G.S. 90-626(9); 90-632(a)(1)
21 NCAC 30 .0702 CONTINUING EDUCATION DEFINITIONS
The following definitions apply to this Section:
(1) Continuing education. -- Learning experiences that enhance and expand the skills, knowledge, and attitudes of massage and bodywork therapists that enable them to render competent professional service to clients, the profession and the public.
(2) Distance learning. -- Courses taken by home study that are produced by an approved provider, whether delivered by videotape, audiotape, printed materials, or computer-based means. The licensee shall demonstrate achievement of learning objectives and completion of course requirements to the provider before credit is given.
(3) One "contact hour" of continuing education. -- At least 50 minutes of any one clock hour
during which the student participates in a learning activity in the physical presence of an
instructor, or in a distance learning activity designed by an approved provider. One
semester credit hour at a post-secondary institution shall be
equivalent to 16 21 contact
hours.
(4) Professional ethics. -- A system of conduct
guided by principles which that are
intended to ensure the safe and effective practice of massage and
bodywork therapy. Acceptable subject matter for required professional
ethics courses may include: compliance with Practice Act and Rules of
the Board, management of the client/therapist relationship, boundary
functions, professional communication skills, conflict resolution,
cultural diversity issues, and standards of practice.
(5) Business management. -- Courses that enable the licensee to learn and apply business skills to create a successful professional practice.
(6) Post secondary institution of higher learning A degree granting institution accredited by an accrediting agency recognized by the United States Department of Education.
(7) Approved provider. -- One
that has been granted the designation of "Approved Provider for
Continuing Education" by the National Certification Board for
Therapeutic Massage and Bodywork (NCBTMB). One
that has been approved by any entity with which the Board has reached a
contractual agreement for the approval of continuing education providers
and courses. A
list of accrediting entities with which the Board has entered into a
contractual agreement is available on the Boards website at
www.bmbt.org. The provider shall have this
designation when the course begins and shall maintain this designation
continuously until the course is completed. The Board does
not recognize any retroactive designation of provider approval. Except
as herein stated, the provider shall follow all regulations set forth by
its accrediting agency. The Board may also recognize a verifiable continuing
education provider outside the United States or its territories that is
a post-secondary institution of higher learning approved by the
educational regulation authority of that foreign country.
History Note: Authority G.S. 90-26(9); 90-632;
Schedule Change for recent rules amendments and adoptions
Schedule change for consideration of rule amendments and adoptions by
the Rules Review Commission:
The Board received additional comments from the Rules Review Commission attorneys, on Rules .0201, .0701, .0702 and .1001-.1015. The Board requested that consideration of the rules by the RRC be extended from its July 16, 2015 meeting to its September 17, 2015 meeting.
Public hearing for rules amendments and adoptions
The North Carolina Board of Massage and Bodywork Therapy will be holding
a public hearing to discuss three (3) amendments and fifteen (15)
adoptions to the Rules and Regulations of the Board. This hearing is
mandated by G.S. 150B-21.2(c) and will be held at 10:00 a.m. on April
23, 2015 in the large conference room on the 13th floor of
the Wells Fargo Bank building, 150 Fayetteville Street, Raleigh, N.C.
27601.
The texts of the changes are as follows:
TITLE 21 OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS
CHAPTER 30 - BOARD OF MASSAGE AND BODYWORK THERAPY
Notice is
hereby given in accordance with G.S. 150B-21.2 that the NC Board of
Massage and Bodywork Therapy intends to amend the rules cited as 21 NCAC
30 .0201, 21 NCAC 30 .0701, 21 NCAC 30 .0702 and adopt 21 NCAC 30 .1001,
.1002, .1003, .1004, .1005, .1006, .1007, .1008, .1009, .1010, .1011,
.1012, .1013, .1014 and .1015.
Link to agency website pursuant to G.S. 150B-19.1(c): http://www.bmbt.org/pages/news.html
Proposed Effective Date: August
1, 2015
Public Hearing:
Date: April
23, 2015
Time: 10:00
a.m.
Location: Wells
Fargo Capitol Center, 150 Fayetteville Street, 13th Floor
Conference Room, Raleigh, NC 27601
Reason for Proposed Action:
21 NCAC 30 .0201 - These
amendments are being submitted to clarify initial application
requirements.
21 NCAC 30 .0701 -
These amendments are being submitted to clarify continuing education
requirements.
21 NCAC 30 .0702 -
These amendments are being submitted to clarify continuing education
requirements.
21 NCAC 30 .1000 Pursuant to G.S. 90-626 (9), the Board has the power, duty and responsibility to adopt rules related to the approval of massage and bodywork therapy establishments. In its formative years the Board focused its attention on licensing, renewing and disciplining massage and bodywork therapists and then the approval of massage and bodywork therapy schools. The Board is now in a position to fulfill its duty to approve massage and bodywork therapy establishments. The Board will have the authority to discipline establishments that hire unlicensed persons or that offer illegal activities under the guise of massage therapy. Regulation of massage and bodywork therapy establishments will assist State and local law enforcement by identifying unlicensed establishments and will protect the public by identifying and disciplining establishments that offer illicit, illegal services.
Procedure by which a person can object to the agency on a
proposed rule: Any
person may object to either of these proposed rule changes by submitting
a written statement to Charles P. Wilkins at P.O. Box 2539, Raleigh, NC
27602, postmarked on or before May 15, 2015.
Comments may be submitted to: Charles
P. Wilkins, P.O. Box 2539, Raleigh, NC 27602; phone (919) 546-0050; fax
(919) 833-1059; email cwilkins@bws-law.com
Comment period ends: May
15, 2015
Procedure for Subjecting a Proposed Rule to Legislative Review: If
an objection is not resolved prior to the adoption of the rule, a person
may also submit written objections to the Rules Review Commission after
the adoption of the Rule. If the Rules Review Commission receives
written and signed objections after the adoption of the Rule in
accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly
requesting review by the legislature and the Rules Review Commission
approves the rule, the rule will become effective as provided in G.S.
150B-21.3(b1). The
Commission will receive written objections until
SECTION .0200 APPLICATION FOR LICENSE
21 NCAC 30 .0201 APPLICATION AND SCOPE
Each
applicant for a license as a massage and bodywork therapist shall
complete an application form provided by the Board. This form shall be
submitted to the Board and shall be accompanied by:
(1) One
original color photograph of the applicant taken within six months
preceding the date of the application of sufficient quality for
identification. The
photograph shall be of the head and shoulders, passport type, two inches
by two inches in size;
(2) The
proper fees, as required by Rule .0204
of this Section and G.S. 90-629.1(b);
(3) Documentation
that the applicant has earned a high school diploma or equivalent;
(4) Documentation
that the applicant is 18 years of age or older;
(5) Documentation
that the applicant has successfully completed a course of study at a
school approved by the Board according to these rules and consisting of
a minimum of 500 classroom hours of supervised instruction. If the
applicant attended a school which is not approved by the Board, the
Board may elect to review that applicants school and educational
credentials for approval on a case-by-case basis. The documentation of
such training must come from a school which is licensed by the
educational licensing authority in the state, territory or country in
which it operates, or is exempt by statute. In North Carolina the
documentation must come from a proprietary school approved by the Board
or a college-based massage program that is exempt from Board approval.
The curriculum must meet or be substantially equivalent to the standards
set forth in Rule .0620(2) of this Chapter;
(6) Documentation
that the applicant has achieved a passing score on a competency
assessment examination adminstered by the Board or approved by the Board
that meets generally accepted psychometric principles and standards;
(7) Forms
provided by the Board containing signed statements from two four persons
attesting to the applicant's good moral character and adherence to
ethical standards;
(8) Fingerprint
card provided by the Board and executed by an official fingerprinting
agency,
and
(9) A
form provided by the Board consenting to a criminal history record check
by the North
Carolina
Department of Justice.
Authority G.S. 90-626(2); 90-629
21 NCAC 30 .0701 CONTINUING
EDUCATION REQUIREMENTS
(a) Pursuant to G.S. 90-632, a licensee, when renewing a license, shall document that they have completed at least 24 contact hours of approved continuing education during the immediately preceding licensure period, provided the licensure period is two years or more. If the licensure period is less than two years, but more than one year, the licensee shall document that they have completed at least 12 contact hours of approved continuing education.
(b) For the purposes of this Section, "approved continuing education" means a course offered as follows:
(1) by an
approved provider as defined in Rule .0702; or
(2) a course
approved by the National Certification Commission for Acupuncture and
Oriental Medicine (NCCAOM); or
(3)(2) a
course in anatomy, physiology, pathology pathology,
psychology, massage and bodywork therapy or
business management taken at a post secondary institution of higher
learning.
(c) Distance learning, as defined in Rule .0702 of this Section, shall not comprise more than 12 hours of the required continuing education hours per licensure period.
(d) Licensees shall document that they have completed at least three contact hours of continuing education in professional ethics as defined in Rule .0702 of this Section, out of the minimum of 24 hours of approved continuing education required for license renewal. This may be obtained through supervised classroom instruction or distance learning.
(e) Business
management, as defined in Rule .0702 of this Section, shall not comprise
more than three eight hours
of the minimum 24 hours of approved continuing education required for
license renewal.
(f) Licensees shall ensure that each continuing education course for which they claim credit on their application for renewal of licensure is consistent with the definitions and requirements set forth in this Section.
(g) The Board may audit licensees at random to assure compliance with these requirements.
History Note: Authority G.S. 90-626(9); 90-632(a)(1)
21 NCAC 30 .0702 CONTINUING EDUCATION DEFINITIONS
The following definitions apply to this Section:
(1) Continuing education. -- Learning experiences that enhance and expand the skills, knowledge, and attitudes of massage and bodywork therapists that enable them to render competent professional service to clients, the profession and the public.
(2) Distance learning. -- Courses taken by home study that are produced by an approved provider, whether delivered by videotape, audiotape, printed materials, or computer-based means. The licensee shall demonstrate achievement of learning objectives and completion of course requirements to the provider before credit is given.
(3) One "contact hour" of continuing education. -- At least 50 minutes of any one clock hour
during which the student participates in a learning activity in the physical presence of an
instructor, or in a distance learning activity designed by an approved provider. One
semester credit
hour at a post-secondary institution shall be equivalent to 16 21 contact
hours.
(4) Professional ethics. -- A system of conduct guided by principles which are intended to ensure the safe and effective practice of massage and bodywork therapy. Acceptable subject matter for required professional ethics courses may include: compliance with Practice Act and Rules of the Board, management of the client/therapist relationship, boundary functions, professional communication skills, conflict resolution, cultural diversity issues, and standards of practice.
(5) Business management. -- Courses that enable the licensee to learn and apply business skills to create a successful professional practice.
(6) Post secondary institution of higher learning A degree granting institution accredited by an accrediting agency recognized by the United States Department of Education.
(7) Approved
provider. -- One
that has been granted the designation of "Approved Provider for
Continuing Education" by the National Certification Board for
Therapeutic Massage and Bodywork (NCBTMB). One
that has been approved by an entity with which the Board has reached a
contractual agreement for the approval of continuing education providers
and courses. The
provider shall have this designation when the course begins and shall
maintain this designation continuously until the course is completed. The
Board does not recognize any retroactive designation of provider
approval. Except as herein stated, the provider shall follow all
regulations set forth by its accrediting agency. The
Board may also recognize a verifiable continuing education provider
outside the United States or its territories that is a post-secondary
institution of higher learning approved by the educational regulation
authority of that foreign country.
History Note: Authority G.S. 90-26(9); 90-632;
SECTION .1000 MASSAGE
AND BODYWORK THERAPY ESTABLISHMENTS
21 NCAC 30 .1001 DEFINTIONS
In addition to the definitions set forth in G.S. 90-622(1) through (5)
and Rule .0102 (1) through (10) of this Chapter, the following
definitions apply:
(1) Owner means the person, sole proprietor, partnership, limited
partnership, or corporation that operates the massage and bodywork
therapy establishment.
(2) Massage and bodywork therapy establishment means any
duly licensed site
or premises in which massage and bodywork therapy is practiced. This
shall not include:
(a) on-site
massage performed at the location of the client;
(b) stand-alone
devices, such as chairs, that are operated by the customer;
(c) establishments
located within the confines of a hospital, nursing home, or other
similar establishment or facility licensed or otherwise regulated by the
Department of Health and Human Services;
(d) massage
and bodywork therapy provided by a sole practitioner; or
(e) a student
clinic run by a Board Approved School or a massage
and bodywork therapy program offered by community colleges in North
Carolina that are accredited by the Southern Association of Colleges and
Schools, or massage and bodywork therapy programs offered by a degree or
diploma granting college or university accredited by any accrediting
agency that is recognized by the United States Department of Education
and is licensed by the North Carolina Community College System or The
University of North Carolina Board of Governors.
(3) Business name means the name under which the owner applies for the
establishment license to provide massage therapy, if different from the
name of the owner.
(4) "Sole
practitioner" means one licensed massage and bodywork therapist offering
massage or bodywork therapy services from a space the licensed massage
and bodywork therapist controls and from which only the licensed massage
and bodywork therapist offers and provides the services.
Authority G.S. 90-626(9)
21 NCAC 30 .1002 LICENSURE
OF MASSAGE AND BODYWORK THERAPY ESTABLISHMENTS
(a) Any person who wishes to operate a massage and bodywork therapy establishment
shall obtain a license from the Board by submitting a Massage and
Bodywork Therapy Establishment Licensure Application accompanied by:
(1) the
fee set forth in G.S. 90-628(b)(1) and (2);
(2) proof
of property damage and bodily injury liability insurance coverage;
(3) verifications
from all state licensing boards from which the owner holds or has held
any health related professional license;
(4) criminal
history documentation;
(5) ownership
information, including type of ownership, name of owner, name of
authorized representative, if owner is not a person, address of
establishment, social security number or federal tax identification
number, email address, phone number, and hours of operation;
(6) previous
licensure and disciplinary history; and
(7) signature
of all owners or authorized representative, if owner is not a person;
(b) The
Massage and Bodywork Therapy Establishment Licensure Application and the
application instructions may be obtained from the Board office at 150
Fayetteville Street, Suite 1900, Raleigh, NC 27601 or from the website
located at http://www.bmbt.org.
(c) The application for licensure shall be submitted in the name of the
owner or owners of the establishment. If the owner is a corporation, the
application shall be submitted in the name of the corporation and shall
be signed by a corporate representative.
(d) An owner may operate an establishment under a name other than the
name of the owner, provided the
owner complies with Rule .0402 of this Chapter. Any advertisement by the
establishment shall include the business name, and shall comply with
Rule .0404 of this Chapter.
Authority G.S. 90-626(9)
21 NCAC 30 .1003 REQUIREMENTS
FOR LICENSURE
Upon application to the Board and the
payment of the required fees required in Rule .1013 of this Chapter, an
applicant shall be licensed as a massage and bodywork therapy
establishment if the applicant meets all of the following
qualifications:
(1) employs,
hires, or plans to employ or hire a massage and bodywork therapist who
holds a current license from the Board;
(2) has space
and facilities for providing massage and bodywork therapy services;
(3) has restroom
facilities;
(4) has property
damage and bodily injury liability insurance coverage for the proposed
establishment. If the establishment is operated under a business name,
the proof of insurance shall include both the name of the owner and the
business name;
(5) has completed
a self evaluation inspection report showing compliance with this Rule;
(6) has
submitted fingerprint cards in accordance with G.S. 90-629.1 at the time
the license application is filed and consented to a criminal history
record check by the North Carolina Department of Justice; and
(7) has satisfied
G.S. 90-629(3).
Authority G.S. 90-626(2); 90-626(3)
21 NCAC 30 .1004 MASSAGE
ESTABLISHEMENT OPERATIONS
(a) Each owner
shall meet the following facility requirements:
(1) comply
with all local building code requirements,
state fire safety codes, and state health inspection codes;
(2) provide
for the use of clients a restroom with at least one toilet and one sink
with running water. The facilities shall be equipped with toilet tissue,
soap dispenser with soap or other hand cleaning materials, sanitary
towels or other hand‑drying device such as a wall‑mounted electric blow
dryer, and waste receptacle. Restroom and shower facilities and fixtures
shall be maintained in good repair, lighted and ventilated, and in
compliance with State and local building codes;
(3) maintain
toilet facilities in a common area of the establishment. Establishments
located in buildings housing multiple businesses under one roof, such as
shopping malls, terminals, or hotels may substitute centralized toilet
facilities; and
(4) if
equipped with a whirlpool bath, sauna, steam cabinet, or steam room,
maintain clean shower facilities on the premises.
(b) A licensed
massage and bodywork therapist shall:
(1) be
on the premises of the establishment if a client is in a treatment room
for the purpose of receiving massage or bodywork therapy; and
(2) administer all
massage or bodywork therapy treatment sessions.
(c) Each owner
shall meet the following safety and sanitary requirements:
(1) provide
for safe and unobstructed human passage in the public areas of the
premises;
(2) provide
for removal of garbage and refuse;
(3) provide
for safe storage or removal of flammable materials;
(4) exterminate
all vermin, insects, termites, and rodents on the premises;
(5) maintain
all equipment used to perform massage services on the premises in a safe
and sanitary condition, including the application of cleansers and
bactericidal agents to the massage table. Clean sheets, towels, or other
coverings shall be used for each client and to cover the massage table
for each client; and
(6) maintain
a supply of clean drapes, towels, gowns, or sheets, for the purpose of
draping each client while the client is being massaged, and launder
before reuse all linens furnished for the personal use of the client.
Authority G.S. 90-626(9)
21 NCAC 30 .1005 CLIENT
RECORDS RETENTION AND OWNERSHIP
(a) Records
shall be maintained for every client, regardless of the procedure or
modality used during the massage and bodywork therapy session. Client
records shall be maintained by the licensee or practice owner as
follows:
(1) in a
secure manner that protects the confidentiality of the client and
protects the records from
damage or destruction; and
(2) for at
least four years after the termination of the client-therapist
relationship and shall be disposed
of by shredding or burning.
(b) Records
stored electronically shall be maintained with a weekly back-up system.
(c) Client
records are the property of the:
(1) licensee when
working as a sole proprietor or independent contractor; or
(2) practice owner,
if the licensee is an employee.
(d) Release of
Records.
(1) client records
shall be released within thirty days when requested and authorized by
the client in writing or when compelled by law or regulation.
(2) record owners
may charge actual cost for duplicating client records.
Authority G.S. 90-626(9)
21 NCAC 30 .1006 INSPECTION
UPON APPLICATION FOR LICENSE
Upon receipt of an application for a massage and bodywork therapy
establishment license, employees of the Board shall inspect the site to
confirm that the criteria enunciated in Rule .1003 of this Chapter are
satisfied.
Authority G.S. 90-626(5); 90-626(9)
21 NCAC 30 .1007 PERIODIC
INSPECTIONS
The Board may inspect all massage and bodywork therapy establishments
licensed in this State to ensure compliance with the Rules in this
Chapter and Article 36 of G.S. Chapter 90.
Authority G.S. 90-626(5); 90-626(9)
21 NCAC 30 .1008 TRANSFER
OF MASSAGE AND BODYWORK THERAPY ESTABLISHMENT LICENSE
(a) When there is no change of ownership or location, the owner may
change the business name of the establishment. The
owner shall apply for a change of business name by submitting in writing
to the Board a change of name request accompanied by the fee provided in
G.S. 90-628(b)(5). When
a massage and bodywork therapy establishment business name is changed,
without a change in ownership or location, a new establishment
inspection shall not be required.
(b) When there is no change of ownership, the owner of a massage and
bodywork therapy establishment may transfer the license from one
location to another. The
owner shall apply for a change of location by submitting in writing to
the Board a change of location accompanied by the fee provided in G.S.
90-628(b)(5). A
massage and bodywork therapy establishment license may not be
transferred from one location to another until compliance with Rules
.1003 and .1004 of this Chapter.
Authority G.S. 90-626(9)
21 NCAC 30 .1009 SEXUAL
ACTIVITY PROHIBITED
(a) Sexual activity by any person or persons in any massage and bodywork
therapy establishment shall be prohibited.
(b) No owner shall engage in or permit any person or persons to engage
in sexual activity in the owners massage and bodywork therapy
establishment or use such establishment to make arrangements to engage
in sexual activity in any other place.
Authority G.S.
90-623(d)(4); 90-626(9); 90-633(a)(12)
21 NCAC 30 .1010 DISCIPLINARY
SANCTIONS; REPORTING REQUIREMENTS
The Board may utilize disciplinary sanctions for establishments set
forth in Rule .0905(b) of this Chapter, if the licensed massage and
bodywork therapy establishment violates the following:
(1) any statute
or rule required for licensure or approval of that establishment by any
other licensing or approval authority; or
(2) any applicable
rule of this Chapter.
Authority G.S. 90-626(14); 90-626(15); 90-633(a)(6)
21 NCAC 30 .1011 REFUSAL
TO ISSUE, SUSPENSION OR REVOCATION OF LICENSE
The Board may deny, suspend, revoke, discipline, or refuse to
approve a massage and bodywork therapy establishment license for any of
the following reasons:
(1) the employment
of fraud, deceit, or misrepresentation in obtaining or attempting to
obtain approval of a massage and bodywork therapy establishment;
(2) engaging
in any act or practice in violation of any of the provisions of this
Article or of any of the rules adopted by the Board; or aiding,
abetting, or assisting any other person in the violation of the
provisions of this Article or rules adopted by the Board;
(3) failure to
require that its employees be licensed to practice massage and bodywork
therapy in this state;
(4) operating a
massage and bodywork therapy establishment without approval from this
Board;
(5) engaging in
conduct that could result in harm or injury to the public;
(6) the
employment of fraud, deceit, or misrepresentation when communicating
with the general public, health care professionals, or other business
professionals;
(7) falsely holding
out a massage and bodywork therapy establishment as approved by this
Board;
(8) failure
to allow Board members, employees, attorneys,
or Board authorized inspectors to
conduct inspections of the massage and bodywork therapy establishment or
refusing to make available to the Board, following written notice to the
massage and bodywork therapy establishment the requested information
pertaining to the requirements for approval set forth in this Article;
(9) failure
to notify the Board in writing within 30 days of any notification it
receives from its accrediting agency or the
North Carolina Department of Health and Human Services of
a show cause action, probation action, or denial of accreditation; and
(10) the
applicant for or holder of massage and bodywork therapy establishment
license has pleaded guilty, entered a plea of nolo contendere,
or has been found guilty of a crime involving moral turpitude by a judge
or jury in any state or federal court.
Authority G.S. 90-633(a)
21 NCAC 30 .1012 UNLICENSED
PRACTICE
A massage and bodywork therapy establishment shall not employ or
contract with any person in this State to provide massage and bodywork
therapy unless such person has obtained a current license to practice
massage and bodywork therapy in this State.
Authority G.S. 90-626(3); 90-626(9)
21 NCAC
30 .1013 FEES
(a) Fees
shall be as follows:
|
(1) |
Application for Examination of Requirements for License |
$ 20.00 |
|
(2) |
License fee |
150.00 |
|
(3) |
License renewal |
100.00 |
|
(4) |
Late renewal penalty |
75.00 |
|
(5) |
Duplicate license |
25.00 |
(b) Fees
shall be nonrefundable and shall be paid in the form of a cashier's
check, certified check, or money order made payable to the North
Carolina Board of Massage and Bodywork Therapy.
(c) If the
applicant is currently licensed to practice massage and bodywork therapy
in North Carolina and is practicing massage and bodywork therapy as a
sole practitioner, the establishment license fee and license renewal fee
shall be waived.
Authority G.S. 90-626(8); 90-626(9); 90-628(b)
21 NCAC 30 .1014 TERM
OF LICENSE
(a) Initial
applications for licensure submitted between October 1 and December 31
shall be granted for two full years, plus the additional period of up to
three months. Initial applications submitted between January 1 and
September 30 shall pay the full fee, but the initial license period
shall be two years, minus the period following January 1.
(b) Pursuant
to G.S. 90-632, a license shall be renewed for a term of two years,
beginning on January 1 following the initial expiration date.
Authority G.S. 90-626(9); 90-632(a)
21 NCAC 30 .1015 BACKGROUND INVESTIGATION REQUIRED
FOR APPLICANT
At the request of the Board, the
applicant shall provide all documentation related to the applicants
compliance with G.S. 90-629(3).
Authority G.S. 90-629.1
Rules Review as required by House Bill 74
House Bill 74, which was passed in the 2013 Session of the North
Carolina Legislature, requires all state agencies, including
occupational licensing boards, to review the North Carolina
Administrative Code (NCAC) (aka rules) every ten years. In accordance
with the bill, the Board has begun reviewing its rules, NCAC
Title 21 Occupational Licensing Boards and Commissions, Chapter 30
Massage and Bodywork Therapy.
The Boards
website, www.bmbt.org,
includes a spreadsheet that
lists all the Boards 78 rules and their corresponding determinations, as
well as the full
text of the 78 rules.
Public comments about the
rules must be written with objection to a rule in whole or in part from
any member of the public, including an association or other organization
representing the regulated community or other members of the public. In
order for a comment to be considered by the Rules Review Commission
(RRC), the comment must address the content of the rule.
Comments
may be sent via US Postal Service (USPS) or other delivery service (UPS,
FedEx, etc.) and electronic submission including email. All comments
must be USPS postmarked, delivered or emailed as of June 21, 2014, to be
accepted.
US Mail
North Carolina Board of
Massage and Bodywork Therapy
PO Box 2539
Raleigh, NC 27602
Delivery Service
North Carolina Board of Massage and
Bodywork Therapy
150 Fayetteville Street, Suite 1900
Raleigh, NC
27601
Email
admin@bmbt.org, Subject: Rules Review
If you have any
questions regarding this process, please contact Elizabeth J. Kirk,
Administrative Director of the Board at (919) 546-0050 ext. 0 or admin@bmbt.org.