Bill Summary for H 693 (2025-2026)
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View NCGA Bill Details(link is external) | 2025-2026 Session |
AN ACT TO ESTABLISH AND ENTER INTO AN INTERSTATE COMPACT FOR THE PRACTICE OF MASSAGE THERAPY.Intro. by Warren, Riddell.
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Bill summary
Enacts Article 36A, titled “Interstate Massage Compact” (Compact) to GS Chapter 90, as follows. States the purpose of the Compact and defines 25 terms, including adverse action (any administrative, civil, equitable, or criminal action permitted by a member state's laws which is imposed by a licensing authority or other regulatory body against a licensee), Commission (the Interstate Massage Compact Commission, the government agency whose membership consists of all member states of the Compact and that operates as an instrumentality of the member states), and remote state (any member state, other than the licensee’s home state).
Lists, in GS 90-637.3, ten requirements for a state to participate in the Compact, including (1) that it licenses and regulates the practice of massage therapy, (2) that it accepts passage of a national licensing examination as a criterion for massage therapy licensure in the state, (3) that it requires licensees satisfy educational requirements prior to being licensed for services, and (4) that it have a continuing competence requirement as a condition of renewal for licensure. Clarifies that a single-state license granted to a person not residing in a member state does not confer multistate privileges. Requires a multistate license to be recognized by each remote state in the Compact as an authorization to practice massage therapy there. Sets forth 10 requirements for a licensee to be granted a multistate license under the Compact in GS 90-637.4, including having completed at least 625 clock hours of massage therapy education or the substantial equivalent thereof, holding an active single-state license to practice massage therapy in their home state, submitting to a background check and not having been convicted of or otherwise been found guilty of any of the listed offenses, and not having had any adverse action on any occupational or professional license within two years prior to the date of the application. Directs that granting of a multistate license still subjects the licensee to the requirements of their home state but it also subjects the licensee to the jurisdiction of the licensing authority, the courts, and laws of the member state in which massage therapy services are provided. Provides for rules of construction in GS 90-637.5, specifying four ways in which the Compact does not limit the autonomy of a member state, but also requiring a member state to cooperate with the Commission and other member states as much as practicable. Directs active military members or their spouses to designate a home state where the individual has a current license to practice massage therapy in good standing under GS 90-637.7.
Provides for adverse actions against a licensee by their home state in GS 90-637.6. Allows any member state to investigate actual or alleged violations of the scope of practice laws in any other member state for a massage therapist that holds a multistate license. Grants a remote member state the authority to take five actions, including taking adverse action against a licensee’s authorization to practice, even in instances where the action is based on the factual findings of another member state. Deactivates a licensee’s authorization to practice in all member states if an adverse action is taken by the licensee’s home state against their multistate license. Directs that if adverse action against a licensee’s authorization to practice is taken by a remote state, that adverse action applies to all authorizations to practice in all remote states. Provides for joint investigations. Allows for a member state to accept a licensee's participation in an alternative program in lieu of adverse action, with suspension of their license during that time.
Establishes the Commission in GS 90-637.8. Provides for Commission membership; voting; public and nonpublic meetings; powers and duties; an executive committee; financing; recordkeeping; and member-qualified immunity, defense, and indemnification. Among the 24 powers and duties charged of the Committee, includes establishing a code of conduct and conflict-of-interest policies, establishing and electing an executive committee, and the acquisition and disposal of property. Sets forth nine powers and duties of the executive committee, including monitoring Compact compliance of member states and providing compliance reports to the Commission.
Enacts GS 90-637.9 requiring the Commission to establish a coordinated database and reporting system containing licensure, adverse action, and the reporting of the existence of investigative information, including current significant investigative information, on all licensed massage therapists as well as applicants denied a license in participating states. Designates information provided to a participating state from the database is an authenticated business record entitled to a hearsay exception in any relevant judicial, quasi-judicial, or administrative proceeding in a participating state when certified by the Commission or an agent thereof. Provides for Commission rulemaking procedures and effects in GS 90-637.10, including emergency rulemaking.
Adds new GS 90-637.11, detailing oversight of the Compact by the executive and judicial branches in each participating state, dispute resolution procedures between member states, and Compact enforcement by the Commission. Provides for member state default grounds and procedures, member termination procedures, and dissolution. Provides for venue and available remedies in legal action against the Commission. Specifies that only a participating state can enforce the Compact against the Commission. Adds new GS 90-637.12, which provides for the Compact to become effective upon enactment in the seventh member state and withdrawal procedures by member states. Requires the Commission to review all participating state charters once the Compact becomes effective to ensure they are all in compliance with the model compact. Allows for a participating state to default if its compact is materially in conflict with the model compact. Deems the provisions of the Compact severable and advises on its construction and effect on other laws in GS 90-637.13.
Authorizes the North Carolina Board of Massage and Bodywork Therapy (Board) to enact rules necessary to implement the Compact.
Effective when at least seven states have enacted the Compact. Instructs the Board to report to the Revisor of Statutes when the Compact has been enacted as such.