STRENGTHEN HUMAN TRAFFICKING LAWS/STUDIES.

View NCGA Bill Details2017-2018 Session
Senate Bill 548 (Public) Filed Thursday, March 30, 2017
AN ACT STRENGTHENING HUMAN TRAFFICKING LAWS, AUTHORIZING THE NORTH CAROLINA BOARD OF MASSAGE AND BODYWORK THERAPY TO REGULATE MASSAGE AND BODYWORK THERAPY ESTABLISHMENTS, REQUIRING MASSAGE AND BODYWORK THERAPISTS TO OBTAIN A STATEWIDE PRIVILEGE LICENSE, AND AUTHORIZING THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO STUDY WAYS TO IDENTIFY AND PROTECT VICTIMS OF HUMAN TRAFFICKING.
Intro. by Randleman, Daniel, Brock.

Status: Ch. SL 2017-151 (Senate Action) (Jul 20 2017)

SOG comments (2):

Change long title

Senate amendment to 2nd edition changed long title.  Long title was AN ACT STRENGTHENING HUMAN TRAFFICKING LAWS, AUTHORIZING THE NORTH CAROLINA BOARD OF MASSAGE AND BODYWORK THERAPY TO REGULATE MASSAGE AND BODYWORK THERAPY ESTABLISHMENTS, AND AUTHORIZING THE DEPARTMENT OF HEALTH AND HUMAN SERVICES AND THE STATE BOARD OF EDUCATION TO STUDY WAYS TO PROTECT SURVIVORS OF HUMAN TRAFFICKING AND TO EDUCATE TEACHERS AND SUPPORT PERSONNEL ABOUT WAYS TO IDENTIFY VICTIMS OF HUMAN TRAFFICKING.

Change long title

House committee substitute to 3rd edition changed long title.  Long title was AN ACT STRENGTHENING HUMAN TRAFFICKING LAWS, AUTHORIZING THE NORTH CAROLINA BOARD OF MASSAGE AND BODYWORK THERAPY TO REGULATE MASSAGE AND BODYWORK THERAPY ESTABLISHMENTS, AND AUTHORIZING THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO STUDY WAYS TO IDENTIFY AND PROTECT VICTIMS OF HUMAN TRAFFICKING.

S 548/S.L. 2017-151

Bill Summaries:

  • Summary date: Jul 25 2017 - More information

    AN ACT STRENGTHENING HUMAN TRAFFICKING LAWS, AUTHORIZING THE NORTH CAROLINA BOARD OF MASSAGE AND BODYWORK THERAPY TO REGULATE MASSAGE AND BODYWORK THERAPY ESTABLISHMENTS, REQUIRING MASSAGE AND BODYWORK THERAPISTS TO OBTAIN A STATEWIDE PRIVILEGE LICENSE, AND AUTHORIZING THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO STUDY WAYS TO IDENTIFY AND PROTECT VICTIMS OF HUMAN TRAFFICKING. Enacted July 20, 2017. Sections 1 and 3(l) are effective December 1, 2017. Sections 2(a)-(c) and 3(a)-(k) are effective October 1, 2017. Section 4 is effective July 20, 2017, and applies to taxable years beginning on or after July 1, 2018. The remainder is effective July 20, 2017.


  • Summary date: Jun 29 2017 - More information

    House committee substitute makes the following changes to the 3rd edition.

    Amends the long title.

    Deletes proposed amendments to GS 143B-919 (Investigations of lynchings, election frauds, etc.; services subject to call of Governor; witness fees and mileage for employees), GS 14-202.11 (Restrictions as to adult establishments), GS 18B-1003 (Responsibilities of permittee), and GS 143B-348 (Department of Transportation--head; rules, regulations, etc., of Board of Transportation).

    Deletes proposed GS 14-202.13, GS 19-8.4, GS 131E-84.1, and GS 143B-431.3, each captioned Human trafficking public awareness sign.

    Amends proposed GS 90-632.13 (Rules for massage and bodywork therapy establishment license). Deletes the requirement that each such establishment prominently display a human trafficking public awareness sign.

    Makes a technical change to proposed GS 90-632.15.

    Amends proposed GS 90-632.17 (Sexual activity prohibited). Further prohibits the solicitation of sexual activity by any person or persons in any massage and bodywork therapy establishment.

    Makes the changes to Sections 2(a) through 2(c) and 3(a) through 3(k) effective October 17, 2017.


  • Summary date: Jun 29 2017 - More information

    House amendment #1 makes the following changes to the 4th edition. 

    Amends the proposed changes to GS 14-43.11 (Human trafficking), making a violation of the statute a Class B2 felony if the victim of the offense is a minor (previously, B1 felony).

    Enacts GS 90-632.19, authorizing the NC Board of Massage and Bodywork Therapy to require that a massage and bodywork therapy establishment prominently display on the premises in a place that is clearly conspicuous and visible to employees and the public, an awareness sign created and provided by the NC Human Trafficking Commission that contains the National Human Trafficking Resource hotline information.


  • Summary date: Jun 26 2017 - More information

    Senate amendment #1 makes the following changes to the 2nd edition. Amends the definition of massage and bodywork therapy establishment set out in proposed GS 90-622(3a), further specifying that the term does not include massage and bodywork therapy programs offered by a degree or diploma-granting college or university accredited by any accrediting agency that is recognized by the US Department of Education and licensed by the NC Community College System or the UNC Board of Governors or exempt from licensure pursuant to GS 116-15(c).

    Retitles proposed GS 90-632.15 as Grounds for suspension, revocation, or refusal of a massage and bodywork establishment therapy license; notice and hearing; judicial review. Clarifies subdivision (a)(10), authorizing the NC Board of Massage and Bodywork Therapy to 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 establishment therapy license (previously, applicant for or holder 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.

    Provides that if SB 257 (Appropriation Act of 2017) of the 2017 Regular Session becomes law, Section 17.4(g) of that act is amended to provide that Section 17.4 of the act becomes effective January 1, 2018 (currently, effective when the act becomes law; Section 17.4 enacts GS 14-202.13; GS 18B-1003(c1); GS 19-8.4; GS 131E-84.1; GS 143B-348(c); and GS 143B-431.3, pertaining to human trafficking laws). 

    Changes the long title.


  • Summary date: Jun 13 2017 - More information

    Senate committee substitute makes the following changes to the 1st edition:

    Amends GS 143B-919 (Investigations of lynchings, election frauds, etc.; services subject to call of Governor; witness fees and mileage for employees). Further authorizes the State Bureau of Investigation, upon request of the Governor or Attorney General, to investigate the commission or attempted commission of human trafficking (GS 14-43.11) and the crimes within GS Chapter 14, Article 36B (Nuclear, Biological, or Chemical Weapons of Mass Destruction). Makes a clarifying change.

    Amends GS 14-202.1 to amend the definition ofadult establishment to exclude massage businesses from its definition. Deletes the definitions ofmassage andmassage business.

    Amends GS 14-202.11 (Restrictions as to adult establishments) to prohibit the practice of massage and bodywork therapy in an adult establishment.

    Amends GS 90-622 to exclude chiropractic physician offices that provide massage and bodywork therapy only by massage and bodywork therapists currently licensed in this State from the definition ofmassage and bodywork therapy establishment.

    Deletes section 10, which directis the State Board of Education to develop a policy requiring local education agencies and charter schools to provide training about sexual abuse and sex trafficking of minors.

    Makes amendments to GS 14-43.11, which makes human trafficking a Class C felony, or a Class B1 felony if the victim is a minor, effective December 1, 2017, and applicable to offenses committed on or after that date. Makes amendments to GS 90-634, regarding enforcement of GS Chapter 90, Article 36 (Massage and Bodywork Therapy Practice), effective December 1, 2017, and applicable to offenses committed on or after that date. Makes Section 9, directing the Department of Health and Human Services to study the feasibility of training certain medical professionals in human trafficking identification, response, and prevention, effective when the act becomes law. Makes the remainder of the act effective January 1, 2018.


  • Summary date: Mar 31 2017 - More information

    Amends GS 14-43.11 to increase the criminal punishment for a human trafficking offense where the victim of the offense is an adult to a Class C felony (currently Class F felony), and where the victim of the offense is a minor to a Class B1 felony (currently Class C felony).

    Enacts GS 14-202.13, requiring an adult establishment, as defined in GS 14-202.10, to prominently display on the premises a public awareness sign created and provided by the North Carolina Trafficking Commission that contains the National Human Trafficking Resource hotline information. GS 14-202.10 defines adult establishment as an adult bookstore, adult motion picture theatre, adult mini motion picture theatre, adult live entertainment business, or massage business, as those terms are defined in the statute. Requires the sign to be in a place that is clearly conspicuous and visible to employees and the public.

    Amends GS 18B-1003 to add a new subsection (c1) requiring all ABC permitees to prominently display on the premises a public awareness sign created and provided by the North Carolina Human Trafficking Commission that contains the National Human Trafficking Resource hotline information. Requires the sign to be in a place that is clearly conspicuous and visible to employees and the public.

    Enacts GS 19-8.4, requiring the owner, operator, or agent in charge of a business described in GS 19-1.2 to prominently display on the premises a public awareness sign created and provided by the North Carolina Human Trafficking Commission that contains the National Human Trafficking Resource hotline information. GS 19-1.2 describes six places wherein obscene or lewd matter or other conduct prohibited by GS 19-1(a) is involved. Requires the sign to be in a place that is clearly conspicuous and visible to employees and the public.

    Current GS 90-621 provides that the purpose of Article 36 in GS 90 is to ensure the protection of the health, safety, and welfare of NC citizens receiving massage and bodywork therapy services. Adds another way to achieve this purpose is by establishing standards for establishments that provide massage and bodywork therapy services. Provides that mandatory licensure of those who own or operate massage and bodywork therapy establishments assures the public that these establishments are legal, professional services and employ licensed massage and bodywork therapists who have satisfactorily met the standards of the profession and continue to meet both the ethical and competency goals of the profession.  Makes organizational and technical changes.

    Amends GS 90-622, setting out the definitions for Article 36, to add the terms business name, owner, and sole practitioner. Adds the term massage and bodywork therapy establishment, and defines the term to mean any duly licensed site or premises in which massage and bodywork therapy is practiced. Provides that the term does not include: (1) on-site massage performed at the location of the customer; (2) stand-alone devices such as chairs that are operated by the customer; (3) establishments located within the confines of a hospital, nursing home, or other similar establishment or facility licensed or otherwise regulated by the Department of Health and Human Services (DHHS); (4) massage and bodywork therapy provided by a sole practitioner; or (5) a student clinic operated by a NC Board of Massage and Bodywork Therapy Board‑approved school or a massage and bodywork therapy program offered by community colleges in North Carolina that are accredited by the Southern Association of Colleges and Schools, or massage and bodywork therapy programs offered by a degree or diploma-granting college or university accredited by any accrediting agency that is recognized by the US Department of Education and licensed by the NC Community College System or the UNC Board of Governors. Makes organizational changes to the definitions statute.

    Renames GS 90-623 to License to practice required (currently, License required).

    Renames GS 90-624 to Activities not requiring a license to practice (currently, Exemptions). 

    Makes organizational and clarifying changes to GS 90-626, which sets forth the powers and duties of the NC Board of Massage and Bodywork Therapy (Board). Requires the Board to adopt, amend, or repeal any rules necessary to carry out the duties and responsibilities of the Board, including rules related to massage and bodywork therapy establishments (previously, grouped with a provision for rules related to the approval of massage and bodywork therapy schools, continuing education providers, examinations for licensure, and the practice of advanced techniques that requires any rules adopted or amended to take into account the educational standards of national bodywork and massage therapy associations and professional organizations).

    Amends GS 90-628(b) to clarify that the specified fees the Board is authorized to impose under the statute are for a license to practice massage and bodywork therapy. 

    Amends GS 90-629, setting forth the requirements for licensure to practice massage and bodywork therapy, to add a new requirement that the applicant demonstrates satisfactory proof of proficiency in the English language. 

    Amends GS 90-629.1 to require all applicants for licensure to practice massage therapy and bodywork therapy or to operate a massage and bodywork therapy establishment to consent to a criminal history record check as specified (previously did not require operator applicants to consent to a criminal history check). Makes conforming change to the statute's title.

    Renames GS 90-630.1 to Licensure to practice by endorsement (currently, Licensure by endorsement).

    Amends GS 90-360.5(a) to require the license to practice and the license to operate a massage and bodywork therapy establishment under Article 36 to be renewed every two years (currently does not include operators' license). Clarifies that the provisions concerning renewal set forth in existing subsection (b) and (c) apply to the renewal of an initial and subsequent renewals of a license to practice. Makes conforming changes to the statute's title.

    Enacts GS 90-632.10 to direct the Board to license massage and bodywork therapy establishments in North Carolina. Expressly prohibits any individual, association, partnership, corporation, or other entity from opening, operating, or advertising a massage and bodywork establishment in North Carolina unless it has first been licensed by the Board. Directs the Board to maintain a list of licensed massage and bodywork therapy establishments operating pursuant to Article 36.

    Enacts GS 90-632.11, detailing the requirements of a massage and bodywork therapy establishment licensure application that must be submitted to the Board in order to operate a message and bodywork therapy establishment in the State. The nine application requirements include: (1) proof of property damage and bodily injury liability insurance coverage in the name of the owner or, if operated under a business name, the name of the owner and the business; (2) prior licensure and disciplinary history; and (3) proof of good moral character as determined by the Board. Directs that the application is to be submitted in the name of the owner(s) of the establishment, or if the owner is a corporation, the name of the corporation and signed by a corporate representative. Directs any advertisement by the massage and bodywork therapy establishment under a name different than the owner to include the establishment's business name and comply with 21 NCAC 30 .0404. 

    Directs the Board to establish rules for the licensure of massage and bodywork therapy establishments and details seven requirements those rules are to include. Includes (1) requirements for adequate, safe, and sanitary facilities; (2) requirements for the retention of client and ownership records; and (3) requirements for initial and periodic inspections of the establishments.

    Delineates the fees the Board can impose for massage and bodywork therapy establishment licensure, including $20 for the application for a license, $150 for an initial license, and $100 for license renewal. Details the forms and method of payment for the fees.

    Enacts GS 90-632.15, authorizing the Board to deny, suspend, revoke, discipline, or refuse to approve a massage and bodywork therapy establishment for any of the ten specified reasons, which include operating the establishment without a license or engaging in conduct that could result in harm or injury to the public. Establishes that a refusal to issue, refusal to renew, or suspension or revocation of an establishment's license must be made in accordance with GS Chapter 150B.

    Enacts GS 90-632.16, prohibiting a massage and bodywork therapy establishment from employing or contracting with any person in the State to provide massage and bodywork therapy who is not currently licensed to practice in this State in accordance with Article 36. 

    Enacts GS 90-632.17, prohibiting sexual activity by any person(s) in any massage and bodywork therapy establishment. Prohibits an owner from engaging in or permitting any person(s) to engage in sexual activity in the owner's establishment, or use the owner's establishment to make arrangements to engage in sexual activity in any other place.

    Enacts GS 90-632.18, authorizing the Board to use the enforcement and injunctive relief under GS 90-634 and assess penalties and disciplinary costs as provided under GS 90-634.1 to address violations of GS 90-632.10 through GS 632.17, as enacted above, any rules pursuant to GS 90-632.13, or any other laws or rules applicable to the operation of a massage and bodywork therapy establishment. 

    Amends GS 90-634 to add new subsections (b3) and (b4), establishing that it is a Class 1 misdemeanor for any person, individual, association, partnership, corporation, or other entity to: (1) employ, hire, engage, or otherwise contract with a person who is not licensed or exempted under Article 36 to provide massage and bodywork therapy services to the public; (2) aid and abet any person not licensed or exempted under Article 36 in the practice of massage and bodywork therapy; (3) advertise, represent, or hold out any person not licensed or exempted under Article 36 to others as a massage and bodywork therapist; and (4) describe the practice of any person not licensed or exempted under Article 36 or use any title descriptive of any branch of massage and bodywork therapy to reference any such person in violation of GS 90‑623.

    Provides that all of the above amendments to statutes in and enactments of statutes to GS Chapter 90 are effective October 1, 2017.

    Enacts GS 131E-84.1, requiring each hospital licensed under Article 5 of GS Chapter 131E to prominently display in its emergency room or emergency department a public awareness sign created and provided by the North Carolina Human Trafficking Commission that contains the National Human Trafficking Resource hotline information. Requires the sign to be in a place clearly conspicuous and visible to employees and the public.

    Amends GS 143B-348 to direct the Secretary of Transportation to require every transportation station, rest area, and welcome center in the State to prominently display a public awareness sign created and provided by the North Carolina Human Trafficking Commission that contains the National Human Trafficking Resource hotline information. Requires the sign to be in a place that is clearly conspicuous and visible to employees and the public. Makes organizational changes to the statute.

    Enacts GS 143B-431.3 to direct the Secretary of Commerce to require that every Joblink or other center under its authority that offers employment and training services to the public to prominently display a public awareness sign created and provided by the North Carolina Human Trafficking Commission that contains the National Human Trafficking Resource hotline information. Requires the sign to be in a place that is clearly conspicuous and visible to employees and the public. 

    Directs DHHS, in consultation with the NC Human Trafficking Commission, to study the feasibility of training health care providers, emergency medical providers, and relevant first responders in human trafficking and identification and response and preventative tools and methods.  Directs DHHS to report its findings and recommendations to the Joint Legislative Oversight Committee on Health and Human Service, the Human Trafficking Commission, and the Governor by February 1, 2018.

    Directs the State Board of Education, in consultation with the NC Human Trafficking Commission, to develop a policy requiring, at a minimum, that local education agencies and charter schools provide evidence‑based or evidence‑informed training at least once every three years to educators and support personnel about sexual abuse and sex trafficking of minors, including identification, response, and preventative tools and methods. Details the training requirements the policy must include, including training on mandatory reporting laws provided in GS Chapter 7B. Requires the training to be objective and based upon peer-reviewed scientific research accepted by professionals and credentialed experts in the field of sexual health education. Requires the materials used in training to be age-appropriate if intended for student use. Directs the State Board of Education to report to the Joint Legislative Education Oversight Committee on the policy developed no later than February 1, 2018.


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