reglab/statecodes huggingface dataset:
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 .0619 - TUITION, REFUNDS AND FINANCIAL AID

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A school shall
				disclose tuition, tuition refund policy, and all related program costs to
				prospective students.
(b) Tuition
				policies shall be published in the school catalog or bulletin. Such policies
				shall address adjustment of charges in the case of:
(1) cancellation of enrollment within 72
				hours of signing a student enrollment agreement;
(2) student withdrawal before the program
				start date;
(3) student withdrawal
				after the program start date;
(4)
				student dismissal; and
(5)
				cancellation of program by the school.
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 .0620 - PROGRAM REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
Pursuant to
				  G.S.
				  90-631(1), programs shall
				  meet the following requirements:
(1) A
				school shall develop and adhere to a set of educational objectives that
				describe the intended skills, knowledge, and attitudes that the program is
				designed to develop in the student by the completion of the program;
(2) The program shall have a core curriculum
				of at least 500 classroom hours of supervised instruction. The core curriculum
				shall contain the following hours of specific course work that are consistent
				with the school's mission and educational objectives:
(a) 200 hours in the fundamental theory and
				practice of massage and bodywork therapy that is designed to produce
				comprehensive entry-level skills in the application of direct manipulation to
				the soft tissues of the human body, and is based in therapeutic methods
				consistent with the definition set forth in
				G.S.
				90-622(3) such as Swedish
				massage, acupressure, shiatsu, deep muscle massage, trigger point therapy, and
				connective tissue bodywork. Of the 200 hours in this category, at least 100
				hours shall be in the application of hands-on methods. The balance of the hours
				shall include client assessment skills, indications and contraindications for
				treatment, body mechanics, draping procedures, standard practices for hygiene
				and control of infectious diseases, and the history of massage and bodywork
				therapy;
(b) 100 hours in anatomy
				and physiology related to the practice of massage and bodywork therapy that
				shall include the structure and function of the human body and common
				pathologies;
(c) 15 hours in
				professional ethics, and North Carolina laws and rules for the practice of
				massage and bodywork therapy;
(d)
				15 hours in business management practices related to the practice of massage
				and bodywork therapy;
(e) 20 hours
				in psychological concepts related to the practice of massage and bodywork
				therapy, including dynamics of the client/therapist relationship, professional
				communication skills, the mind-body connection, and boundary
				functions;
(f) 150 hours in other
				courses related to the practice of massage and bodywork therapy. The courses
				may include additional hands-on techniques, specific applications, adjunctive
				modalities, in-depth anatomy and physiology, kinesiology, psychological
				concepts, or supervised clinical practice. First Aid or CPR shall not be
				included in this category. Techniques that are considered exempt from licensure
				pursuant to
				G.S.
				90-624(6) or (7), and that
				are further defined by Rule .0203(a) constitute up to 50 hours of the 150 hours
				in this category.
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 .0621 - STUDENT RECORDS AND ACADEMIC PROGRESS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				school shall maintain current, complete, and accurate records on each student.
				The records shall show attendance, academic progress, grades, date entered,
				dates attended, courses studied, program completed, and date of
				graduation.
(b) Records shall be
				maintained in perpetuity, shall be stored in such a manner as to ensure their
				confidentiality, and shall be safe from theft, fire, or other possible
				loss.
(c) Students and graduates
				shall be allowed access to their records. Transcripts shall be released upon
				written request from students and graduates.
(d) All school policies, including those
				relating to satisfactory attendance, academic progress, and conduct shall be
				enforced by the school. Students shall be notified when completion standards
				are not being met.
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 .0622 - EDUCATIONAL CREDENTIAL ISSUED; GRADUATES' PASS RATE ON NATIONAL EXAMINATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Upon completion of the program, the
				student shall be given a certificate, diploma, or degree stating that the
				educational requirements have been met and the program has been successfully
				completed.
(b) Such credentials
				shall be granted only to students who have completed the entire program for
				which the student enrolled.
(c) A
				school shall authorize agencies that conduct national certification
				examinations that are accepted by the Board as meeting the requirement of
				G.S.
				90-629(5) to report directly
				to the Board the pass rate of the school's graduates on such
				examinations.
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 .0623 - LEARNING RESOURCES

Current through Register Vol. 39, No. 2, July 15, 2024
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 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;
				and
(2) all other resources, such
				as charts, models, or electronic media, shall be maintained.
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.
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 .0624 - STANDARDS OF PROFESSIONAL CONDUCT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				following standards of professional conduct shall apply to instructional staff,
				key administrative staff and students, and shall apply to all school facilities
				as well as any other location where staff or students are demonstrating or
				delivering therapeutic treatments as a part of course requirements:
(1) Conduct shall be in accordance with
				Standards of Conduct set forth in Section .0500 of this Chapter.
(2) Nudity is not permitted where massage and
				bodywork therapy is taught or practiced. For the purpose of this Section,
				"nudity" is defined as exposure of the genital or anal area for men or women,
				or exposure of the breast area for women. The only exception shall be for
				treatment to the breast area while utilizing therapeutic techniques.
(3) The school shall provide a private area
				where persons receiving therapeutic treatments may dress or undress, whether
				for in-class practice or treatments performed in a student clinic. As an
				alternative, the school may provide instruction to persons receiving
				therapeutic treatments in the procedure of undressing while on the treatment
				table under a full sheet covering.
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 .0625 - SCHOOL COMPLAINT POLICY

Current through Register Vol. 39, No. 2, July 15, 2024
An approved school shall administer an internal complaint
				  policy for students and staff, and shall maintain a complaint file that
				  provides the following information:
(1) Person(s) filing complaint and date
				filed;
(2) Nature of complaint and
				person(s) involved;
(3) Response(s)
				to complaint by school; and
(4)
				Resolution of complaint.
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 .0626 - STUDENT COMPENSATION PROHIBITED

Current through Register Vol. 39, No. 2, July 15, 2024
A student shall not receive a fee, tip or other consideration
				  for the massage and bodywork therapy they perform while completing clinical
				  requirements for graduation, whether or not the school charges a fee for
				  services provided in a student clinic.
Authority
				  G.S.
				  90-626(9);
				  90-631;
Eff. October
				  1, 2007;
Amended Eff. November 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 .0627 - TRANSFER OF CREDIT; ADVANCED PLACEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(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 in the state in which it operates, or be exempt
				by statute;
(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
(4) Documentation of previous training shall
				be included in each student's permanent file.
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 .0629 - STUDENT ENROLLMENT AGREEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An
				approved school shall execute a Student Enrollment Agreement for training with
				every student. The agreement shall 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.
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 .0630 - SCHOOL CATALOG

Current through Register Vol. 39, No. 2, July 15, 2024
An approved school shall publish a catalog or bulletin that
				  shall be 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. Updates shall be provided to maintain
				  current information. Printed catalogs or bulletins shall contain addendums of
				  the updates; and online sources, such as websites, shall be continuously
				  updated. 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;
(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, and conditions of reentrance for students
				dismissed;
(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
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 .0631 - BOARD APPROVAL NOT TRANSFERABLE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In
				the event of the change of ownership of a school, the approval already granted
				to the original owner or operator thereof shall not be transferable to the new
				ownership or operators. The Board may issue temporary operating approval for a
				period of up to 180 days to a school upon its change of ownership if the school
				held a valid, current approval prior to the change, and if the Board finds that
				the school is likely to qualify after the change of ownership for approval
				under this Section.
(b) For the
				purposes of this Section, "change of ownership" includes the following
				situations:
(1) Sale of the school;
(2) Transfer of controlling interest of stock
				of the school or its parent corporation;
(3) Merger of two or more schools;
(4) Transfer of controlling interest of stock
				to parent corporation;
(5) Transfer
				of assets or liabilities of school to parent corporation or owners;
				or
(6) Change from profit to
				non-profit status.
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 .0632 - INITIAL APPLICATION FOR BOARD APPROVAL

Current through Register Vol. 39, No. 2, July 15, 2024
A school seeking initial approval shall submit an application
				  for approval on a form provided by the Board, that shall be accompanied by the
				  following:
(1) A certified check for
				the application fee set forth in Rule .0608 of this Section, made payable to
				the Board;
(2) Completed personnel
				qualification forms on the school director, administrative staff, instructors,
				and teaching assistants, with photocopies of academic transcripts, degrees,
				diplomas, and professional licenses and certifications for each
				person;
(3) Job descriptions for
				school director, administrative staff, instructors, and teaching
				assistants;
(4) Examples of
				contracts for administrative and instructional staff;
(5) Ownership structure of the school, and
				organizational chart;
(6) Facility
				plan, including floor plans with dimensions and fixtures, uses of each room,
				specifications on lighting, ventilation, and temperature control;
(7) Equipment list, including furniture,
				office equipment, and instructional equipment for classroom;
(8) Copy of deed if school owns its facility,
				or copy of lease if school does not own its facility;
(9) 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;
(10) Statement of Financial Affirmation
				including the following financial documentation:
(a) A plan setting forth the sources, kinds
				and amounts of both current and anticipated financial resources. The plan shall
				include a budget for the school's first year of operation, identifying sources
				of revenue to ensure effective operations;
(b) A pro forma balance sheet prepared in
				accordance with Generally Accepted Accounting Principles for the type of
				institution making application;
(c)
				If the corporation that controls the school is ongoing, the school shall
				provide a financial statement of the parent corporation, reviewed or audited in
				accordance with Generally Accepted Accounting Principles, and
(d) Schools that are new and do not have a
				history of educational operations shall provide financial statements of the
				controlling principals, compiled, reviewed, or audited in accordance with
				Generally Accepted Accounting Principles. These statements must demonstrate
				sufficient resources to ensure institutional development.
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 .0633 - APPLICATION FOR BOARD APPROVAL OF ADDITIONAL PROGRAMS

Current through Register Vol. 39, No. 2, July 15, 2024
An approved school shall submit an application for approval
				  of an additional program on a form provided by the Board, which shall be
				  accompanied by the following:
(1) A
				certified check for the application fee set forth in Rule .0608 of this
				Section, made payable to the Board;
(2) Documentation of program requirements,
				including copies of course curricula; copies of course syllabi; one example
				lesson plan for each course and school calendar for the current academic
				year;
(3) A list of student to
				instructor ratios for each course offered;
(4) A copy of the educational credential
				granted to students who complete the program and an example of the transcript
				issued by the school;
(5) A copy of
				the school catalog or bulletin that describes the additional program,
				and
(6) Complete documentation of
				any other requirement set forth in Rule .0632 of this Section that is different
				than what the school documented in its initial application for approval, or
				what has been documented in its most recent application for renewal of
				approval.
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 .0634 - CLOSURE OF SCHOOL; TERMINATION OF A PROGRAM

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An
				approved school which intends to cease operations completely, or which intends
				to terminate the offering of a program if it offers more than one approved
				program, shall submit to the Board a written plan for such cessation or
				termination at least 90 days before such action.
(b) The plan shall include the following
				information:
(1) The projected date of
				cessation or termination;
(2) The
				means by which the school will maintain standards for approval until the last
				student has completed their training or transferred to another institution;
				and
(3) The arrangement for storage
				of permanent student records.
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 .0635 - SCHOOL STAFF MEMBERS AS STUDENTS

Current through Register Vol. 39, No. 2, July 15, 2024
If a member of the administrative or instructional staff at
				  an approved school is enrolled as a student in any course within the program,
				  the staff member shall not have any administrative or academic authority over
				  that course.
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 .0636 - WAIVER OF SCHOOL REQUIREMENTS DURING DISASTER OR EMERGENCY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If the Governor declares a state of
				emergency, classroom hours of supervised instruction that are not hands-on may
				be provided online, despite the requirement in Rule .0602(8) of this
				Subchapter.
(b) 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.
(c) 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.
(d) The exceptions in
				this Rule shall only apply during the effective period of the state of
				emergency.
Authority
				  G.S.
				  90-626;
Emergency Adoption Eff.
				  April 17, 2020;
Temporary Adoption Eff. July 24, 2020;
Eff. April 1, 2021.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .0700 - CONTINUING EDUCATION › Section 30 .0701 - CONTINUING EDUCATION REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(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.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .0700 - CONTINUING EDUCATION › Section 30 .0703 - SCOPE OF QUALIFIED ACTIVITIES FOR MAINTAINING CONTINUING EDUCATION

Current through Register Vol. 39, No. 2, July 15, 2024
(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.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .0700 - CONTINUING EDUCATION › Section 30 .0704 - WAIVER OF CONTINUING EDUCATION REQUIREMENTS DURING DISASTER OR EMERGENCY

Current through Register Vol. 39, No. 2, July 15, 2024
(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.
Authority
				  G.S.
				  90-626(9);
				  150B-19(6);
				  S.L. 2020-97;
Emergency Adoption Eff. June 30, 2020;
Emergency Adoption Expired Eff. September 13, 2020;
Emergency
				  Adoption Eff. November 25, 2020 to expire pursuant to S.L. 2020-97, s.
				  3.20;
Eff. April 1, 2021.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .0800 - RULES › Section 30 .0801 - PETITIONS FOR ADOPTION, AMENDMENT OR REPEAL OF RULES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				The procedure for petitioning the Board to adopt, amend, or repeal a rule and
				for the Board's response is governed by
				G.S.
				150B-20.
(b) Rule-making petitions shall be sent to
				the Board. No special form is required, but the petitioner shall state his or
				her name and address. The petition shall include:
(1) A draft of any proposed rule or amendment
				to a rule;
(2) The reason for the
				proposal;
(3) The effect of the
				proposal on existing rules or decisions;
(4) Any data supporting the proposed rule
				change;
(5) Practices likely to be
				affected by the proposed rule change; and
(6) Persons likely to be affected by the
				proposed rule change.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .0800 - RULES › Section 30 .0802 - RULE MAKING NOTICE AND PUBLIC HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any
				person who wishes to receive individual notice of agency rule-making shall file
				a written request with the Board and shall be responsible for the actual cost
				of printing and mailing said notice.
(b) Any public rule-making hearing shall be
				conducted by the Board Chair or by any person he or she may designate. The
				presiding officer shall have control of the hearing, including setting limits
				on oral presentations, and shall conduct the hearing so as to provide a
				reasonable opportunity for any interested person to present views, data and
				comments.
Authority
				  G.S.
				  150B-21.2;
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 .0800 - RULES › Section 30 .0803 - DECLARATORY RULINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The issuance of
				declaratory rulings by the Board is governed by
				G.S.
				150B-4.
(b) A request for a declaratory ruling shall
				be in writing and addressed to the Board. The request shall contain the
				following information:
(1) The name and
				address of the person making the request;
(2) The statute or rule to which the request
				relates;
(3) A concise statement of
				the manner in which the person has been, or may be aggrieved by the statute or
				rule; and
(4) A statement as to
				whether a hearing is desired, and if desired, the reason therefore.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .0800 - RULES › Section 30 .0804 - EXPIRED - WAIVER OR EXTENSION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-626(9);
				  150B-19(6);
Emergency Adoption Eff. June 30, 2020
Emergency Adoption Expired
				  Eff. September 13, 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .0900 - COMPLAINTS, DISCIPLINARY ACTION AND HEARINGS › Section 30 .0901 - PURPOSE AND SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
The rules in this Section establish the procedures for the
				  Board to use in disciplining practitioners, schools and other persons or
				  entities who are in violation of the Practice Act or the rules in this
				  Chapter.
Authority
				  G.S.
				  90-626(5), (6),
				  (7);
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 .0900 - COMPLAINTS, DISCIPLINARY ACTION AND HEARINGS › Section 30 .0902 - COMPLAINTS

Current through Register Vol. 39, No. 2, July 15, 2024
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 licensed massage and
				bodywork therapist, licensed establishment, school, person, or other 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.
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.
				  November 15, 2019.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .0900 - COMPLAINTS, DISCIPLINARY ACTION AND HEARINGS › Section 30 .0903 - ACTION ON A COMPLAINT

Current through Register Vol. 39, No. 2, July 15, 2024
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.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .0900 - COMPLAINTS, DISCIPLINARY ACTION AND HEARINGS › Section 30 .0904 - FORMAL HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
Formal hearings shall be conducted in accordance with G.S.
				  150B, Article 3A.
Authority
				  G.S.
				  90-626(6);
				  150B-38;
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.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .0900 - COMPLAINTS, DISCIPLINARY ACTION AND HEARINGS › Section 30 .0905 - DISCIPLINARY SANCTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(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.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .1000 - MASSAGE AND BODYWORK THERAPY ESTABLISHMENT LICENSURE › Section 30 .1001 - ESTABLISHMENT LICENSE REQUIRED

Current through Register Vol. 39, No. 2, July 15, 2024
(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.
Authority
				  G.S.
				  90-626(9)b.2;
				  90-632.10;
Eff.
				  November 15, 2019.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .1000 - MASSAGE AND BODYWORK THERAPY ESTABLISHMENT LICENSURE › Section 30 .1002 - TERM OF LICENSE

Current through Register Vol. 39, No. 2, July 15, 2024
(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.
Authority
				  G.S.
				  90-630.5(a);
Eff. November 15, 2019.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .1000 - MASSAGE AND BODYWORK THERAPY ESTABLISHMENT LICENSURE › Section 30 .1003 - INITIAL APPLICATION FOR LICENSURE

Current through Register Vol. 39, No. 2, July 15, 2024
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.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .1000 - MASSAGE AND BODYWORK THERAPY ESTABLISHMENT LICENSURE › Section 30 .1004 - ESTABLISHMENT OPERATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
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.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .1000 - MASSAGE AND BODYWORK THERAPY ESTABLISHMENT LICENSURE › Section 30 .1005 - CLIENT RECORDS RETENTION AND OWNERSHIP

Current through Register Vol. 39, No. 2, July 15, 2024
(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.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .1000 - MASSAGE AND BODYWORK THERAPY ESTABLISHMENT LICENSURE › Section 30 .1006 - INSPECTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(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.
Authority
				  G.S.
				  90-632.13(5);
Eff. November 15, 2019.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .1000 - MASSAGE AND BODYWORK THERAPY ESTABLISHMENT LICENSURE › Section 30 .1007 - CHANGE OF TRADE NAME

Current through Register Vol. 39, No. 2, July 15, 2024
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.
Authority
				  G.S.
				  90-632.12;
				  90-632.13(6);
Eff. November 15, 2019.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .1000 - MASSAGE AND BODYWORK THERAPY ESTABLISHMENT LICENSURE › Section 30 .1008 - CHANGE OF LOCATION

Current through Register Vol. 39, No. 2, July 15, 2024
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.
Authority
				  G.S.
				  90-632.13(6);
Eff. November 15, 2019.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .1000 - MASSAGE AND BODYWORK THERAPY ESTABLISHMENT LICENSURE › Section 30 .1009 - TRANSFER OF OWNERSHIP

Current through Register Vol. 39, No. 2, July 15, 2024
(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.
Authority
				  G.S.
				  90-632.13(6);
Eff. November 15, 2019.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .1000 - MASSAGE AND BODYWORK THERAPY ESTABLISHMENT LICENSURE › Section 30 .1010 - INFORMING BOARD OF VIOLATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(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.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .1000 - MASSAGE AND BODYWORK THERAPY ESTABLISHMENT LICENSURE › Section 30 .1011 - CONTINUING DUTY TO REPORT CERTAIN CRIMES AND CIVIL SUITS

Current through Register Vol. 39, No. 2, July 15, 2024
(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.