House committee substitute makes the following changes to the 1st edition.
Changes the act's long title.
Modifies the exemption for student clinics and college programs set out in the definition of massage and bodywork therapy establishment in proposed GS 90-622(3a)e to include massage and bodywork therapy programs offered by a degree- or diploma-granting college or university that is exempt from licensure pursuant to GS 116-15(c) in the exemption.
Amends proposed GS 90-632.15(a)(10), clarifying that the NC Board of Massage and Bodywork Therapy Board (Board) can deny, suspend, revoke, discipline, or refuse to approve a massage and bodywork therapy establishment if the applicant for or holder of a massage and bodywork therapy establishment license (previously, of a massage and bodywork therapy license) has pleaded guilty, entered a plea of nolo contendere, or has been found guilty of a crime involving moral turpitude by a judge or jury in any state or federal court.
Expands proposed GS 90-632.17 to include the prohibition of the solicitation of sexual activity by any person(s) in any massage and bodywork therapy establishment.
Changes the effective date of the proposed changes to GS 90-634 pertaining to enforcement of the Article to December 1, 2017 (previously, October 1, 2017), and makes the changes applicable to offenses committed on or after that date.
New Section 13 amends GS 14-202.10(2) to remove massage businesses from the definition of adult establishment. Makes a conforming repeal of definitions in GS 14-202.10(7) and GS 14-202.10(8). Amends GS 14-202.11 by adding a new subsection to prohibit any person from permitting the practice of massage or bodywork therapy in an adult establishment. Effective October 1, 2017.
New Section 14 amends GS 105-41 to add massage and bodywork therapists to those professionals who must obtain a statewide license to practice their profession, which is taxes at $50 for each license. Applies to taxable years beginning on or after July 1, 2018.
Bill Summaries: H451 (2017-2018 Session)
Bill H 451 (2017-2018)Summary date: Jun 21 2017 - View summary
Bill H 451 (2017-2018)Summary date: Mar 22 2017 - View summary
Amends GS 90-621 to expand the statement of purpose.
Amends GS 90-622 to define the following new terms:massage and bodywork therapy establishment, business name, owner, and sole practitioner.
Amends the caption of GS 90-623 to read "License to practice required."
Amends the caption of GS 90-624 to read "Activities not requiring a license to practice."
Amends GS 90-624 to authorize the North Carolina Board of Massage and Bodywork Therapy (Board) to adopt, amend, or repeal rules related to massage and bodywork therapy establishments (currently, the approval of massage and bodywork therapy establishments).
Amends GS 90-628(b) to clarify that the authorized fees are for licenses to practice massage and bodywork therapy.
Amends GS 90-629. Amends the caption to read "Requirements for licensure to practice." Requires an applicant, in addition to the current requirements, to demonstrate English language proficiency.
Amends GS 90-629.1. Amends the caption to read "Criminal history record checks of applicants for licensure to practice and for ownership or operation of an establishment." Applies all existing licensure requirements in this statute to a license to operate a massage and bodywork therapy establishment.
Amends the caption of GS 90-630.1 to read "Licensure to practice by endorsement."
Recodifies GS 90-632 as GS 90-630.5, and amends new GS 90-630.5 as follows. Amends caption to read "Renewal of license to practice and license to operate massage and bodywork therapy establishment; continuing education." Requires renewal of a license to operate a massage and bodywork therapy establishment every two years. Makes existing renewal requirements under this statute apply only to licenses to practice.
Enacts new GS 90-632.10 (Massage and bodywork therapy establishment license required), directing the Board to license massage and bodywork therapy establishments. Prohibits opening, operating, or advertising a massage and bodywork therapy establishment unless first licensed by the Board. Directs the Board to maintain a list of licensed establishments.
Enacts new GS 90-632.11 (Requirements for massage and bodywork therapy establishment licensure). Creates nine requirements for an application for massage and bodywork therapy establishment licensure, including proof of insurance coverage and proof that the establishment employs, hires, or plans to hire a licensed massage and bodywork therapist.
Enacts new GS 90-632.12 (Operation of a massage and bodywork therapy establishment under a name different than the owner; advertisement). Authorizes operation of a licensed establishment under a name other than the owner's name, subject to notification to the Board on the application for licensure. Advertisements must include the establishment's business name.
Enacts new GS 90-632.13 (Rules for massage and bodywork therapy establishment license). Directs the Board to establish rules for the licensure of massage and bodywork therapy establishments, including rules on six specified subjects, including requirements for adequate, safe, and sanitary facilities.
Enacts new GS 90-632.14 (Fees for massage and bodywork therapy establishment license), setting a schedule of fees for licensure application, renewal, and other related fees, to be paid by cashier's check, certified check, or money order.
Enacts new GS 90-632.15 (Grounds for suspension, revocation, or refusal of massage and bodywork therapy license; notice and hearing; judicial review). Authorizes the Board to deny, suspend, revoke, discipline, or refuse to approve a massage and bodywork therapy establishment for any of 10 listed reasons, including fraud, deceit, or misrepresentation in obtaining or attempting to obtain a massage and bodywork therapy establishment license.
Enacts new GS 90-632.16 (Unlicensed massage and bodywork therapy prohibited at massage and bodywork therapy establishments), prohibiting establishments from employing or contracting with unlicensed massage and bodywork therapists.
Enacts new GS 90-632.17 (Sexual activity prohibited), prohibiting sexual activity in massage and bodywork therapy establishments by any person or persons. Prohibits establishment owners from allowing any person or persons to use the establishment to make arrangements to engage in sexual activity in any other place.
Enacts new GS 90-632.18 (Enforcement; injunctive relief against massage and bodywork therapy establishments), authorizing the Board to use enforcement and injunctive relief under GS 90-634, and to assess civil penalties and disciplinary costs to address statutory or rule violations applicable to the operation of a massage and bodywork therapy establishment.
Amends GS 90-634 to create a Class 1 misdemeanor for persons who (1) employ, hire, engage, or otherwise contract with a person who is not licensed to provide massage and bodywork therapy services to the public; (2) aid and abet any person not licensed in the practice of massage and bodywork therapy; (3) advertise, represent, or hold out any person not licensed as a massage and bodywork therapist; or (4) describe the practice of any person not licensed or use any title descriptive of any branch of massage and bodywork therapy to reference any person in violation of GS 90-623.
Effective October 1, 2017.