reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .0300 - LICENSING › Section 30 .0303 - LICENSE RENEWAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any licensee
				desiring the renewal of a license shall comply with all continuing education
				requirements, shall apply for renewal and shall submit the required
				fee.
(b) A license that has not
				been renewed prior to its expiration date is considered expired. An expired
				license may be reinstated within the first 24 months. All required continuing
				education for license renewal must be completed before the license is
				reinstated.
(c) Licenses expired in
				excess of 24 months are not renewable. Persons whose licenses have been expired
				for more than 24 months must apply for a new license.
(d) Any person whose 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.
(e) Members of the armed forces whose
				licenses are in good standing and to whom
				G.S.
				105-249.2 grants an extension of time to file
				a tax return are granted that same extension of time to pay the license renewal
				fee and to complete the continuing education requirement prescribed in
				21 NCAC
				30 .0700. A copy of military orders or the
				extension approval by the Internal Revenue Service must be furnished to the
				Board. If approved, continuing education acquired during this extended time
				period shall not be utilized for future renewal purposes.
Authority
				  G.S.
				  90-626(3);
				  90-626(9);
				  90-631;
				  93B-15(b);
				  105-249.2;
Temporary
				  Adoption Eff. February 15, 2000;
Eff. April 1, 2001;
Amended Eff. April 1, 2010; September 2, 2005;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. November 12,
				  2014.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .0300 - LICENSING › Section 30 .0304 - REPEALED - LICENSE BY RECIPROCITY

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-626(9);
				  90-630;
Temporary
				  Adoption Eff. February 15, 2000;
Eff. April 1, 2001;
Repealed Eff. December 1, 2009.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .0300 - LICENSING › Section 30 .0305 - EXPIRED - PROVISIONAL LICENSE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-626(3); S.L. 1998, c.
				  230, s. 14;
Temporary Adoption Eff. February 15, 2000;
Temporary Adoption Expired December 10, 2000.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .0300 - LICENSING › Section 30 .0306 - GROUNDS FOR LICENSE DENIAL OR DISCIPLINE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				Board may deny an application for licensure, or refuse to license an applicant
				for any of the reasons set forth in
				G.S.
				90-633.
(b) The Board may suspend or revoke the
				license of a massage and bodywork therapist, or issue a letter of reprimand to
				a licensee for any of the reasons set forth in
				G.S.
				90-633.
Authority
				  G.S.
				  90-626(3);
				  90-633;
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.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .0400 - BUSINESS PRACTICES › Section 30 .0401 - ADDRESS OF RECORD

Current through Register Vol. 39, No. 2, July 15, 2024
(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.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .0400 - BUSINESS PRACTICES › Section 30 .0402 - TRADE NAMES

Current through Register Vol. 39, No. 2, July 15, 2024
The licensee shall 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.
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.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .0400 - BUSINESS PRACTICES › Section 30 .0403 - CHANGE OF ADDRESS OR TRADE NAME

Current through Register Vol. 39, No. 2, July 15, 2024
All licensees shall notify the Board in writing of each
				  change of trade name or address of record within 30 days of such
				  change.
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.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .0400 - BUSINESS PRACTICES › Section 30 .0404 - ADVERTISING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any
				advertisement of massage and bodywork therapy services in any advertising
				medium as defined herein shall include the licensee's name and license number,
				whether or not a trade name is used.
(b) Advertising medium shall be defined as
				any form of written, printed, broadcast or computer-based advertising, or other
				promotional materials, except a telephone directory listing for which no
				additional advertising charge is made.
(c) A business or establishment that employs
				or contracts with massage and bodywork therapists licensed by the Board may
				advertise on behalf of those licensees, by complying with the requirements of
				this Rule. As an alternative to the requirement of Paragraph (a) of this Rule,
				such business or establishment may indicate the listing of the service itself
				in advertising or other promotional materials, accompanied by the exact phrase:
				"Provided by North Carolina Licensed Massage and Bodywork Therapists." In this
				phrase, "North Carolina" may be abbreviated as "N.C."
Authority
				  G.S.
				  90-623(c);
				  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.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .0400 - BUSINESS PRACTICES › Section 30 .0405 - PLACE OF PRACTICE

Current through Register Vol. 39, No. 2, July 15, 2024
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).
Authority
				  G.S.
				  90-626(9)b.2;
Eff. November 15, 2019.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .0500 - STANDARDS OF PROFESSIONAL CONDUCT › Section 30 .0501 - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
The standards set forth in Section .0500 establish
				  requirements for the safe and effective practice of massage and bodywork
				  therapy. They are intended to protect the public, to preserve the integrity of
				  the profession, and to allow for the provision of massage and bodywork therapy
				  services.
Authority
				  G.S.
				  90-621;
				  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.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .0500 - STANDARDS OF PROFESSIONAL CONDUCT › Section 30 .0502 - GENERAL REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
In the practice of massage and bodywork therapy, licensees
				  shall:
(1) provide only those services
				that they have the training and practical experience to perform, and that are
				designed to benefit the health and well-being of the client;
(2) deliver treatment that ensures each
				client's safety, comfort and privacy;
(3) inform clients of the scope and
				limitations of massage and bodywork therapy.
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.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .0500 - STANDARDS OF PROFESSIONAL CONDUCT › Section 30 .0503 - CLIENT ASSESSMENT AND INFORMED CONSENT

Current through Register Vol. 39, No. 2, July 15, 2024
Before providing treatment, licensees shall:
(1) inquire as to the health history and
				current health status of each client to determine the indications and
				contraindications for the application of massage and bodywork
				therapy;
(2) assess the needs and
				expectations of the client and designate a treatment;
(3) obtain the written consent of the client.
				For the purposes of this Section, "consent" means the therapist has informed
				the client as to the nature and purpose of the service to be provided, and the
				client acknowledges that he or she understands the terms under which the
				treatment is being provided and voluntarily agrees to receive such treatment.
				The treatment shall be modified only with the consent of the client;
(4) respect the client's right to refuse,
				modify or terminate treatment regardless of prior consent given.
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.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .0500 - STANDARDS OF PROFESSIONAL CONDUCT › Section 30 .0504 - DOCUMENTATION; REFERRALS

Current through Register Vol. 39, No. 2, July 15, 2024
The licensee shall:
(1) maintain documentation for each session,
				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 the referral is 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 the referrals shall be directed to the referring medical
				provider.
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.
				  April 1, 2017.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .0500 - STANDARDS OF PROFESSIONAL CONDUCT › Section 30 .0505 - CONFIDENTIALITY, ROLES AND BOUNDARIES

Current through Register Vol. 39, No. 2, July 15, 2024
In managing the client/therapist relationship, licensees
				  shall:
(1) maintain the
				confidentiality of all client information, unless written disclosure is
				consented to by the client, or required by law or by court order; this shall
				include protecting the client's identity in all social conversations,
				advertisements, and in any other manner;
(2) maintain client files for at least four
				years after the termination of the client/therapist relationship and store and
				dispose of client records in a secure manner;
(3) protect the interests of clients who are
				minors or who are unable to give informed consent by securing permission from
				an authorized third party or guardian;
(4) avoid relationships with the client that
				could impair professional judgment or result in exploitation of the
				client.
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.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .0500 - STANDARDS OF PROFESSIONAL CONDUCT › Section 30 .0506 - DRAPING REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
Licensees shall adhere to the following requirements, except
				  in the case of treatments where the client remains fully clothed:
(1) provide draping in a manner that ensures
				the safety, comfort and privacy of the client;
(2) maintain a supply of clean drapes, such
				as towels, sheets, gowns or other coverings, for the purpose of draping the
				client's body during treatment;
(3)
				explain expected draping procedures to the client before treatment;
				and
(4) ensure that the following
				areas are draped during treatment: the gluteal and genital areas for male and
				female clients, and the breast area for female clients. With voluntary and
				informed consent of the client, the gluteal and breast drapes may be
				temporarily moved in order to perform therapeutic treatment to structures in
				those areas.
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.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .0500 - STANDARDS OF PROFESSIONAL CONDUCT › Section 30 .0507 - HYGIENE

Current through Register Vol. 39, No. 2, July 15, 2024
To maintain a professional standard of hygiene in their
				  practice, licensees shall:
(1) cleanse
				their exposed body part used for applying treatment, e.g. hands, elbows,
				forearms, or feet, before and after each treatment, using a lavatory with hot
				water or a chemical germicidal product;
(2) maintain a barrier of unbroken skin on
				their exposed body part used for applying treatment during each treatment; in
				the case of broken skin, licensees shall use a finger cot, glove or chemical
				barrier product to cover the affected area during treatment;
(3) wear clothing that is clean and
				professional; maintain personal hygiene;
(4) maintain all equipment used in the
				practice of massage and bodywork therapy in a safe and sanitary condition;
				and
(5) utilize only those
				materials furnished for the personal use of the client, including towels,
				linens, or gowns, that have been laundered or sanitized before reuse, or that
				are single-use items disposed of after treatment.
Authority
				  G.S.
				  90-626(9);
Eff.
				  September 2, 2005;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. November 12,
				  2014.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .0500 - STANDARDS OF PROFESSIONAL CONDUCT › Section 30 .0508 - SEXUAL ACTIVITY DEFINED

Current through Register Vol. 39, No. 2, July 15, 2024
For the purposes of this Chapter, "sexual activity" shall
				  mean any direct or indirect physical contact, or verbal communication, by any
				  person or between persons which is intended to erotically stimulate either
				  person, or which is likely to cause such stimulation and includes sexual
				  intercourse, fellatio, cunnilingus, masturbation or anal intercourse. As used
				  herein, masturbation means the manipulation of any body tissue with the intent
				  to cause sexual arousal. Sexual activity can involve the use of any device or
				  object and is not dependent on whether penetration, orgasm or ejaculation has
				  occurred.
Authority
				  G.S.
				  90-626(9);
Eff.
				  September 2, 2005;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. November 12,
				  2014.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .0500 - STANDARDS OF PROFESSIONAL CONDUCT › Section 30 .0509 - SEXUAL ACTIVITY PROHIBITED

Current through Register Vol. 39, No. 2, July 15, 2024
To preserve the safety and integrity of the therapeutic
				  relationship, the following requirements shall apply during the period from the
				  beginning of the client/therapist relationship, and continue for six months
				  after the termination of such relationship. Licensees shall:
(1) not engage in sexual activity, as defined
				in Rule .0508, between the licensee and the client, whether such activity is
				consensual or otherwise;
(2) not
				engage in or permit any person or persons to engage in sexual activity with a
				client in a location where the practice of massage and bodywork therapy is
				conducted;
(3) not use such
				location to make arrangements to engage in sexual activity with a client in any
				other place; and
(4) define the
				boundaries of the professional relationship in the event that the client
				initiates or asks the licensee to engage in sexual activity.
Authority
				  G.S.
				  90-626(9);
Eff.
				  September 2, 2005;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. November 12,
				  2014.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .0500 - STANDARDS OF PROFESSIONAL CONDUCT › Section 30 .0510 - PROVIDING OR TERMINATING SERVICE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Licensees
				shall have the right to provide therapeutic services to whom they
				choose.
(b) Licensees shall also
				have the right to refuse treatment, or to terminate a treatment in progress to
				protect their own safety and well-being, including situations such as:
(1) a client who is abusive; under the
				influence of alcohol, drugs, or any illegal substance; or otherwise impaired;
				or
(2) A client who has violated
				the boundaries of the professional relationship by initiating or asking the
				licensee to engage in sexual activity; or
(3) A client who does not disclose all health
				issues and information.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .0500 - STANDARDS OF PROFESSIONAL CONDUCT › Section 30 .0511 - BUSINESS AND ETHICAL REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
In the management and promotion of their practices, licensees
				  shall:
(1) represent their
				qualifications, credentials and professional affiliations accurately and
				completely;
(2) conduct their
				business affairs with integrity and avoid actual or potential conflicts of
				interest;
(3) refuse any gifts or
				benefits that are intended to influence a referral, decision or
				treatment;
(4) adhere to the
				advertising requirements of Rule .0404, and promote their practices accurately,
				avoiding language or images that are misleading;
(5) provide the client with information on
				their business policies before commencing treatment, including a list of
				services available, payment arrangements, appointment scheduling and
				cancellation requirements; discuss and resolve any questions the client may
				have about such policies;
(6)
				maintain accurate financial records, client records, appointment records,
				contracts, and legal obligations for at least four years; and
(7) comply with all applicable municipal,
				state, and federal laws.
Authority
				  G.S.
				  90-626(9);
Eff.
				  September 2, 2005;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. November 12,
				  2014.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .0500 - STANDARDS OF PROFESSIONAL CONDUCT › Section 30 .0512 - IMPAIRMENT

Current through Register Vol. 39, No. 2, July 15, 2024
In the practice of massage and bodywork therapy, licensees
				  shall not provide therapeutic services to clients when the licensee is under
				  the influence of alcohol, drugs, or any illegal substance, with the exception
				  of prescribed dosage of a prescription medication that does not impair the
				  cognitive, psychological, or motor capacity of the licensee.
Authority
				  G.S.
				  90-626(9);
Eff.
				  September 2, 2005;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. November 12,
				  2014.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .0500 - STANDARDS OF PROFESSIONAL CONDUCT › Section 30 .0513 - FACILITY REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
The practice of massage and bodywork therapy shall be
				  conducted in facilities that are safe and sanitary. With the exception of
				  treatments that are given at the location of a client, or treatments given at a
				  temporary location lasting not more than 14 days such as a trade show, sporting
				  event or community festival, licensees shall assure that the facility in which
				  they practice:
(1) is in compliance
				with all local building code requirements, state fire safety codes, and state
				health inspection codes;
(2)
				provides toilet and lavatory facilities with hot and cold running water;
				and
(3) provides clean shower
				facilities on the premises, if equipped with a whirlpool bath, sauna, steam
				cabinet, or steam room.
Authority
				  G.S.
				  90-626(9);
Eff.
				  September 2, 2005;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. November 12,
				  2014.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .0500 - STANDARDS OF PROFESSIONAL CONDUCT › Section 30 .0514 - INFORMING BOARD OF VIOLATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Licensees with actual knowledge shall inform the Board within
				  15 days of:
(1) any person practicing
				without a license; or
(2) any
				violation of the Practice Act when there is a potential for malpractice as
				defined in Rule .0102(4).
Authority
				  G.S.
				  90-626(9);
Eff.
				  September 2, 2005;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. November 12,
				  2014.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .0500 - STANDARDS OF PROFESSIONAL CONDUCT › Section 30 .0515 - CONTINUING DUTY TO REPORT CERTAIN CRIMES AND CIVIL SUITS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Licensees with actual knowledge shall
				report to the Board any and all charges of the following criminal offenses,
				whether committed by themselves 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.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .0500 - STANDARDS OF PROFESSIONAL CONDUCT › Section 30 .0516 - TREATMENT IN BODY CAVITIES

Current through Register Vol. 39, No. 2, July 15, 2024
A licensee may perform massage and bodywork therapy inside
				  the vaginal or anal cavities of a client provided the licensee complies with
				  the following requirements:
(1) the
				licensee has received a written prescription or order from a licensed medical
				doctor prescribing or ordering the specific massage and bodywork therapy
				treatment to the soft tissues inside the vaginal or anal cavity;
(2) prior to the start of treatment, the
				licensee obtains written and signed consent from the client for treatment
				inside the client's vaginal or anal cavities stating that the client has been
				advised that the client has the right to have another person, provided either
				by the client or therapist, present in the room while the treatment is being
				performed and indicating whether the client chooses treatment with a third
				person present or treatment with only the therapist and the client
				present;
(3) consistent with Rule
				.0506 of this Chapter, the drape covering the client's pelvic area may be
				temporarily moved with the voluntary and informed consent of the client in
				order to perform therapeutic treatment to the structures in that
				area;
(4) consistent with Rule
				.0507 of this Chapter, the licensee shall use a glove or finger cot made of
				latex or other impervious material to cover their hand or finger used for
				treatment within body cavities; and
(5) the massage and bodywork therapy
				treatment is performed in conformance with Rule .0509 of this
				Chapter.
Authority
				  G.S.
				  90-626(9);
Eff.
				  October 1, 2008;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. November 12,
				  2014.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .0600 - MASSAGE AND BODYWORK THERAPY SCHOOLS › Section 30 .0603 - DOCUMENTATION OF SUCCESSFUL COMPLETION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In
				order to be acknowledged as having successfully completed a course of study as
				required by
				G.S.
				90-629(4), an applicant for
				licensure must submit a transcript to the Board's administrative
				office.
(b) Such transcript must
				document that the applicant has completed all requirements in a course of study
				that meets the standards set forth in this Section, and shall indicate the
				following:
(1) Passing grades in all
				courses;
(2) Dates of
				attendance;
(3) Date of graduation
				or successful completion of the entire program;
(4) Total number of supervised classroom
				hours of instruction; and
(5)
				Credential awarded, whether a certificate, diploma, or degree.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .0600 - MASSAGE AND BODYWORK THERAPY SCHOOLS › Section 30 .0604 - APPROVAL DESIGNATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A school that
				is approved by the Board may utilize the designation, "Approved by the North
				Carolina Board of Massage and Bodywork Therapy," or "N.C. Board Approved." An
				approved school may utilize this designation only to promote a program in
				massage and bodywork therapy, and shall not utilize this designation to promote
				any other program.
(b) A school
				that is in the application process for approval, and that has not been granted
				approval by the Board, shall not make, publish or promote misleading statements
				about its approval status.
Authority
				  G.S.
				  90-626(9);
				  90-631;
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.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .0600 - MASSAGE AND BODYWORK THERAPY SCHOOLS › Section 30 .0605 - EXPIRED - SCHOOL INSPECTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-631;
Temporary Adoption Eff.
				  April 1, 2001;
Temporary Adoption Expired December 28,
				  2001.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .0600 - MASSAGE AND BODYWORK THERAPY SCHOOLS › Section 30 .0606 - EXPIRED - TERM OF SCHOOL APPROVAL; FEES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-626(8);
				  90-631;
Temporary
				  Adoption Eff. April 1, 2001;
Temporary Adoption Expired December
				  28, 2001.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .0600 - MASSAGE AND BODYWORK THERAPY SCHOOLS › Section 30 .0607 - VERIFICATION OF COMPLIANCE

Current through Register Vol. 39, No. 2, July 15, 2024
In order to verify that a school is in compliance with the
				  standards for approval set forth in this Section, the Board may inspect a
				  school during the application process or after approval has been granted. Such
				  inspection may include the school's physical facilities, equipment, learning
				  materials, class observation, and records. Such inspection may also include
				  interviews with members of the school's administrative staff, instructional
				  staff, or student body. The Board may also interview or survey graduates of the
				  school or employers of the school's graduates.
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.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .0600 - MASSAGE AND BODYWORK THERAPY SCHOOLS › Section 30 .0608 - SCHOOL APPROVAL FEES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The fees
				collected under this Section are intended to cover the administrative costs of
				the approval program. No fee for approval application, renewal or inspection
				shall be refunded in the event the application is rejected or the approval
				suspended or revoked.
(b) Fees for
				Board approval of schools are as follows:
(1)
				Request for Application Approval Package $ 20.00
(2) Initial application for approval (one
				program) 2,000.00
(3) Initial
				application for approval of additional program at same location
				750.00
(4) Inspection for initial
				approval or renewal (one program) 1,500.00
(5) Inspection for initial approval or
				renewal of additional program, same location 500.00
(6) Renewal of approval (one program)
				1,000.00
(7) Renewal of approval
				(each additional program) 750.00
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .0600 - MASSAGE AND BODYWORK THERAPY SCHOOLS › Section 30 .0609 - DISCIPLINARY SANCTIONS; REPORTING REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				Board may utilize disciplinary sanctions for schools set forth in Rule .0905(b)
				if the applicant for approval or holder of such approval:
(1) fails to maintain, at any time, the
				requirements for approval set forth in this Section;
(2) fails to require its students to complete
				the minimum standards in order to graduate;
(3) submits documents to the Board that
				contain false or misleading information;
(4) fails to allow authorized representatives
				of the Board to conduct inspections of the school, or refuses to make available
				to them at any time information pertaining to the requirements for approval set
				forth in this Section;
(5) violates
				any statute or rule required for licensure or approval of that school by its
				educational licensing authority; or
(6) violates any applicable rule of this
				Section.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .0600 - MASSAGE AND BODYWORK THERAPY SCHOOLS › Section 30 .0610 - AUTHORITY TO OPERATE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A proprietary
				school shall provide documentation to the Board that it is licensed or approved
				by the regulatory authority for schools of massage and bodywork therapy in the
				state or territory in which it operates or is exempt by statute.
(b) An accredited post-secondary institution
				outside North Carolina that offers a certificate, diploma, or degree program in
				the field of massage and bodywork therapy shall have approval from the
				regulatory authority in the state or territory in which it operates.
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.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .0600 - MASSAGE AND BODYWORK THERAPY SCHOOLS › Section 30 .0611 - PROGRAM DIRECTOR QUALIFICATIONS AND ADMINISTRATIVE STAFF

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A school shall designate one person as
				the program director. This person may be titled as director, or in the case of
				programs at post-secondary institutions, department chair or program
				coordinator. The director is the person directly responsible for all facets of
				the program's operation, including curriculum, methods of instruction,
				employment, training and evaluation of administrative and instructional staff,
				maintenance of administrative records, financial management, recruitment of
				students, and maintenance of school plant and equipment. The program director
				or department chair shall have the following qualifications:
(1) be a graduate of an accredited college or
				university and hold a baccalaureate degree or have at least five years of
				professional experience in the field of massage and bodywork therapy; and have
				at least two years experience as a lead instructor in one or more of the core
				curriculum courses that are presented in the school's curriculum or have at
				least two years experience in education administration; or
(2) possess qualifications that are
				equivalent to the requirements prescribed in Subparagraph (a)(1) of this
				Rule.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .0600 - MASSAGE AND BODYWORK THERAPY SCHOOLS › Section 30 .0612 - INSTRUCTIONAL STAFF QUALIFICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				The requirements in this Rule are intended to assure that instructors, as
				defined in Rule .0602 are competent in the fundamental knowledge and
				methodology of teaching and possess a professional level of skills, knowledge
				and practical experience in every subject they teach in the program.
(b) Instructors shall be trained in teaching
				methods, that shall include:
(1) Presentation
				skills;
(2) Development and
				implementation of lesson plans;
(3)
				Dynamics of the teacher/student relationship;
(4) Management of the classroom
				environment;
(5) Evaluation of
				student performance;
(6)
				Instructional strategies for the adult learner;
(7) Accommodations for students with special
				needs; and
(8) Knowledge of the
				school's administrative policies and procedures.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .0600 - MASSAGE AND BODYWORK THERAPY SCHOOLS › Section 30 .0613 - APPROVAL PROCESS FOR INSTRUCTIONAL STAFF

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Whenever
				instructors and teaching assistants, as defined in Rule .0602 are hired, all
				application documents as described in Paragraph (c) of this Rule must be sent
				to the Board within 30 days of the hire date.
(b) Instructors with the credentials
				described in Rule .0612(d)(4) must be approved by the Board according to these
				Rules before performing their job functions at a Board-approved school. The
				approval process requires submission of all documents in Paragraph (c) of this
				Rule and may take up to 30 days from the time the Board receives the
				documents.
(c) A school shall
				submit an application for each instructor and teaching assistant on a form
				provided by the Board, which shall be accompanied by the following
				documentation:
(1) Copies of all academic
				diplomas or degrees;
(2) Official
				school transcripts from all post-secondary institutions;
(3) Copies of occupational licenses and
				certifications;
(4) A record of
				work experience in the field; and
(5) A record of training in teaching
				methods.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .0600 - MASSAGE AND BODYWORK THERAPY SCHOOLS › Section 30 .0614 - MANAGEMENT OF INSTRUCTORS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				school shall have written job descriptions with performance standards for each
				instructional position on its staff.
(b) A school shall have an employment
				agreement or contract with each, instructor, whether such instructor works in a
				full-time or part-time capacity or is an employee or an independent
				contractor.
(c) A school shall
				conduct and document an annual performance review for each
				instructor.
(d) A school shall
				maintain a file for all instructors that shall contain their original
				application for Board approval with all accompanying documentation, current
				employment agreement or contract, and annual performance reviews. A school
				shall keep each file current, with copies of their most recent occupational
				licenses, certifications, documentation of continuing education, and academic
				transcripts.
Authority
				  G.S.
				  90-626(9);
				  90-631;
Eff. November
				  1, 2007;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. November 12,
				  2014.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .0600 - MASSAGE AND BODYWORK THERAPY SCHOOLS › Section 30 .0615 - SCHOOL PLANT AND EQUIPMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				school plant, premises, and facilities shall be safe and sanitary and shall be
				in compliance with the statutory provisions and the rules and regulations of
				all local ordinances pertaining to fire, safety, health, and sanitation.
				Classrooms shall have sufficient lighting, ventilation, and temperature control
				to provide a comfortable learning environment for students.
(b) The equipment, supplies, and
				instructional materials of the school shall be adequate in type, quality, and
				amount for each course offered by the school. These shall also meet all
				requirements of statutory provisions and rules and regulations of all local
				ordinances pertaining to fire, safety, health, and sanitation.
(c) A school shall request an annual
				inspection from the city or county agencies that determine compliance with
				requirements for fire, safety, health, and sanitation in its
				jurisdiction.
(d) For classes
				conducted in the practice of massage and bodywork therapy, the school shall
				provide at least 70 square feet of classroom space per treatment table,
				exclusive of fixed items in the classroom. There shall be one therapy treatment
				table, adjustable in height, for every two students in such classes.
Authority
				  G.S.
				  90-626(9);
				  90-631;
Eff. November
				  1, 2007;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. November 12,
				  2014.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .0600 - MASSAGE AND BODYWORK THERAPY SCHOOLS › Section 30 .0616 - FINANCIAL MANAGEMENT SYSTEMS AND ECONOMIC STABILITY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The school shall maintain sufficient
				resources for its ongoing operations and the discharge of its obligations to
				the students and staff. To demonstrate this, the school shall:
(1) Maintain financial management systems
				that assure reliability, accountability and effective use of financial
				resources, that provide accurate information for assessing the financial
				condition of the institution, and that assure the accuracy and security of
				records.
(2) Provide annually a
				review or audit, prepared in accordance with Generally Accepted Accounting
				Principles. This annual financial statement shall demonstrate that the current
				assets of the school exceed the current liabilities, and that there was a
				positive net working capital for the prior year. If the school does not meet
				the requirements in this Subparagraph, the Board shall require a financial
				improvement plan, teach-out plan, or form of surety guaranteeing that the
				resources are sufficient to protect the current students. If the Board
				determines that the school does not have sufficient resources, it may take
				disciplinary actions pursuant to Rule .0905(b) of this Chapter up to and
				including revocation of approval.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .0600 - MASSAGE AND BODYWORK THERAPY SCHOOLS › Section 30 .0617 - STUDENT RECRUITMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In its
				recruitment of students, an approved school shall:
(1) Not use employment agencies to recruit
				prospective students, or place advertisements in help-wanted sections of
				classified advertisements, or otherwise lead prospective students to believe
				they are responding to a job opportunity;
(2) Ensure that its recruiting agents and
				other personnel do not make false or misleading statements about the
				institution, its personnel, its programs, its services, its approval status,
				its accreditation, or any other pertinent information;
(3) Inform each student accurately about
				financial assistance and obligations for repayment of loans;
(4) Not make explicit or implicit promises of
				employment or salary expectations to prospective students;
(5) Not permit the payment of cash or
				nonmonetary incentives to any student or prospective student as an inducement
				to enroll; nor shall it use the word "free" or its synonyms in reference to any
				equipment, tuition, books, or other items in conjunction with recruiting or
				advertising;
(6) Conduct the
				recruitment process to ensure that its personnel do not discredit other
				institutions by
(A) falsely imputing to them
				dishonorable conduct, inability to perform contracts, questionable credit
				standing, or similar negative characteristics;
(B) making other false
				representations;
(C) disparaging
				the character, nature, quality, value or scope of their program of instruction
				or services; or
(D) demeaning their
				students.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .0600 - MASSAGE AND BODYWORK THERAPY SCHOOLS › Section 30 .0618 - ADMISSIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A school shall
				maintain admission policies and procedures that are disclosed to the public and
				administered.
(b) A school shall
				conduct an orientation session for persons who have applied for admission or
				who are considering application for admission. The 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 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).
(f) A school shall maintain written
				documentation of the basis for admission of the student. The records shall
				include copies of high school diploma, GED, or transcripts, proof of age, and
				other specific admission requirements of the school.
(g) Documentation of the reasons for the
				denial of admission of any student shall be maintained for three
				years.
(h) A school shall 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;
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.