NORTH CAROLINA HEALING ARTS COMMISSION. (NEW)

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View NCGA Bill Details2021
House Bill 434 (Public) Filed Monday, March 29, 2021
AN ACT TO ESTABLISH THE NORTH CAROLINA HEALING ARTS COMMISSION AND TO CREATE CERTIFICATION PROCESSES FOR REFLEXOLOGISTS AND MUSIC THERAPISTS.
Intro. by Warren, Riddell.

Status: Re-ref to the Com on Health, if favorable, Rules, Calendar, and Operations of the House (House action) (Jun 29 2021)

SOG comments (1):

Long title change

House committee substitute to the 1st edition changed the long title. Original long title was AN ACT TO PROMOTE PUBLIC SAFETY THROUGH THE REGULATION OF REFLEXOLOGY.

H 434

Bill Summaries:

  • Summary date: Jun 29 2021 - View Summary

    House committee substitute to the 1st edition deletes the content of the previous edition and replaces it with the following.

    Enacts new Article 44, Healing Arts, in GS Chapter 90, providing as follows.

    Part 1 of the new Article establishes the North Carolina Healing Arts Act and sets out the act's purpose. Defines healing arts as the use of allopathic, complementary, or alternative approaches to the art and science of medicine for the prevention, diagnosis, and treatment of human physical or mental conditions, diseases, ailments, illnesses, infirmities, pain, defects, or injuries and the promotion and restoration of health and wellness. Creates the seven-member North Carolina Health Arts Commission (Commission), with initial members to be appointed by the specified entities, for terms of one to three years, by January 1, 2022. Subsequent members serve for terms of three years. Sets out provisions for the inclusion of additional members for any healing arts professions created after January 1, 2022. Provides for the filling of vacancies and sets out membership requirements including citizenship requirements, residency requirements, and the requirement to hold a North Carolina Healing Arts Certification in the individual's respective healing arts profession. Sets out additional restrictions on the public members of the Commission. Allows for the removal of commission members. Requires Commission officers to be elected annually; sets out requirements for the meeting timing, for serving as chair, for adopting rules governing meetings, and for establishing a quorum. 

    Sets out the Commission's nine powers, including administering and enforcing the Article; issuing, when directed by an advisory committee to do so, a North Carolina Healing Arts Certificate to practice the healing art governed by the advisory committee; taking specified disciplinary actions when directed to do so by an advisory committee; and conducting administrative hearings necessary to administer the Article. Sets out provisions governing fees payable to the Commission. Requires the Commission to establish fees of up to $100 for the issuance of a North Carolina Healing Arts Certificate, for the renewal of the Certificate every five years, and for late renewal. Makes the first violation of the Article punishable by a written warning, a second violation punishable by a civil penalty of no more than $200, and third and subsequent violations subject to a civil penalty of no more than $200 per violation and a Class 1 misdemeanor. Allows the Commission to proceed in superior court to enjoin and restrain any person from violating the Article. Specifies that the healing arts professions subject to the Article are reflexologists and music therapists. 

    Part 2 of the new Article makes it State policy to consider reflexology as a healing arts profession. Defines reflexology as a protocol of manual techniques, including specified practices, that are applied to specific reflex areas predominantly on the feet and hands and that stimulate the complex neural pathways linking body systems and support the body's efforts to function optimally; specifies that reflexology is not massage and bodywork therapy. Defines a North Carolina Certified Reflexologist as an individual that (1) is certified by the certifying entity as a certified reflexologist and (2) and been issued a North Carolina Healing Arts Certificate in reflexology by the Commission. 

    Establishes the three-member North Carolina Reflexology Advisory Committee (Reflexology Committee). Sets out membership requirements and provides for the appointment of initial members by January 1, 2022, with initial members serving 1-2 years. Subsequent membership terms are for three years, with no member serving for more than two consecutive terms.  Sets out membership qualifications including citizenship requirements, residency requirements, certification as a reflexologist, and being eligible to obtain a healing arts certification in reflexology (with the requirement that appointees immediately seek to obtain the certificate). Sets out additional restrictions on the public members. Provides for the election of a chair and other officers, holding meetings, and establishing a quorum. 

    Sets out the Reflexology Committee's eight powers and duties, including establishing and determining qualification and fitness of applicants for a North Carolina Healing Arts Certificate in reflexology; directing the Commission to issue, renew, deny, suspend, revoke, or refuse to issue or renew North Carolina Healing Arts Certificates in reflexology; and directing the Commission to discipline North Carolina Certified Reflexologists. Sets out requirements for applying for a North Carolina Healing Arts Certificate in reflexology, which must be renewed after five years. Allows compensation for reflexology services to be received only when those services are performed by an individual holding a national certification (defined as a determination by the certifying entity that an individual has passed the certifying entity's national exam and that the individual has an active status with the certifying entity). Subjects non-certified individuals providing reflexology services or engaging in the practice of reflexology to penalties or an injunction, unless: (1) the individual is a reflexology student working to obtain a certification of completion from a nationally recognized reflexology education program or (2) the individual holds a certification of completion from a nationally recognized reflexology education program, and that program was completed no more than six months before receiving compensation for services. Provides that unless all reflexology services are performed by individuals holding a national certification, a place of business where reflexology services are offered for compensation is subject to a civil penalty of no more than $500 per violation and a suspension of any license to operate the business for no more than 90 days. Requires businesses to display a valid and up-to-date certificate for all individuals offering compensated reflexology services. Requires a reflexologist with a national certification to carry a certification when performing reflexology services for compensation at a location outside of the reflexologist's main place of business. Sets out information that must be included in advertisements. Provides for reciprocity for individuals licensed or certified to practice reflexology in another state or territory.  Provides that this Part does not apply to pressure to the reflex areas on the hands, feet, and outer ears in the regular course of the individual's work, so long as the specified requirements are met. 

    Part 3 of the new Article makes it State policy to consider music therapy as a healing arts profession. Defines music therapy as the clinical and evidence-based use of music interventions to accomplish individualized goals within a therapeutic relationship by a credentialed professional who has completed an approved music therapy program, including the specified assessments, development and implementation of treatment plans that use specified music interventions, and evaluation and documentation of the client's response to treatment. Defines music therapy services as the provision of services to accomplish music therapy goals, including (1) conducting an individualized assessment for the purpose of collecting systematic, comprehensive, and accurate data necessary to determine the course of action subsequent to the individualized treatment plan; (2) planning and developing the individualized music therapy treatment plan that identifies an individual's goals, objectives, and potential treatment intervention strategies; (3) implementing the individualized music therapy treatment plan consistent with the individual's overall treatment program; (4) systematically evaluating and comparing the individual's response to the individualized music therapy treatment plan and suggesting modifications, as appropriate; (5) developing a discharge plan in collaboration with the individual, the individual's family, treatment team, and other identified support networks, when appropriate; (6) minimizing the impact of environmental constraints as a barrier to participation in least- restrictive environments for individuals engaging in music therapy; (7) collaborating with and educating the individual, family, caregiver, and others to foster an environment responsive to the developmental needs of the individual as addressed in music therapy; or (8) consulting with groups, programs, organizations, or communities to improve accessibility to music therapy services.

    Establishes the three-member North Carolina Music Therapy Advisory Committee (Music Therapy Committee). Sets out membership requirements and provides for the appointment of initial members by January 1, 2020, with initial members serving 1-2 years. Subsequent membership terms are for three years, with no member serving for more than two consecutive terms.  Sets out membership qualifications including citizenship requirements, residency requirements, certification as a music therapist, and being eligible to obtain a healing arts certification in music therapy (with the requirement that appointees immediately seek to obtain the certificate). Sets out additional restrictions on the public members. Provides for the election of a chair and other officers, holding meetings, and establishing a quorum. 

    Sets out the Music Therapy Committee's eight powers and duties, including establishing and determining qualification and fitness of applicants for a North Carolina Healing Arts Certificate in music therapy; directing the Commission to issue, renew, deny, suspend, revoke, or refuse to issue or renew North Carolina Healing Arts Certificates in music therapy; and directing the Commission to discipline North Carolina Certified Music Therapists. Sets out requirements for applying for a North Carolina Healing Arts Certificate in music therapy, which must be renewed after five years, including completing the specified academic requirements, completing the specified exam, and completing the specified number of clinical training hours. Allows compensation for music therapy services to be received only when those services are performed by an individual holding a national certification (defined as a determination by the certifying entity that an individual has satisfied the certifying entity's requirements and that the individual has an active status with the certifying entity). Subjects non-certified individuals providing music therapy services or engaging in the practice of music therapy to penalties or an injunction. Provides for reciprocity for individuals licensed or certified to practice music therapy in another state or territory. 

    The above provisions are effective January 1, 2022.

    Amends GS 90-624 by adding a certified reflexologist engaged in the practice of reflexology to those areas that are not prohibited or affected by Article 36, Massage and Bodywork Therapy Practice, of GS Chapter 90.

    Makes conforming changes to the statute's titles. 

    Changes the act's titles.


  • Summary date: Mar 29 2021 - View Summary

    Enacts new Article 43, Reflexology, in GS Chapter 90 (Medicine and Allied Occupations).  Defines relevant terms including reflexology, certification, and certifying entity in newly enacted GS 90-726.  Enacts new GS 90-726.1 mandating that compensation for reflexology services may be received only by a certified reflexologist, unless the provider is a student in a nationally recognized reflexology education program or holds a certification of completion from such a program that he or she completed no more than six months prior to receiving compensation for reflexology services. 

    Enacts new GS 90-726.2 requiring a provider of reflexology services to prominently display his or her certificate at their main place of business or have it available on his or her person when providing services at a different location.

    Enacts new GS 90-726.3 requiring advertising for the purpose of attracting clients for reflexology services to the state that those services will be provided by a certified reflexologist as well as the name of the certifying entity.

    Enacts new GS 90-726.4 exempting certain listed licensed professionals who in the course of their work may apply pressure to certain reflex areas on a person's body, if the application of pressure accounts for 25% or less of that person's work.  

    Enacts new GS 90-726.5 creating a civil penalty of no more than $500 for each violation of this Article by an individual, and for violations by a place of business a civil penalty will be assessed of no more than $500 for each violation as well as a suspension of any license to operate for no more than 90 days.  Directs that clear proceeds from assessed penalties must be remitted to the Civil Penalty and Forfeiture Fund in accordance with GS 115C-457.2.

    Amends GS 90-624 (activities not requiring a license to practice) in Article 36 (massage and bodywork therapy practice) which states nothing in Article 36 may be used to prohibit or affect a list of specified activities, by adding new subdivision (9) listing a certified reflexologist engaged in the practice of reflexology as defined in GS 90-726.

    Effective January 1, 2023.