Bill Summary for S 548 (2017-2018)

Summary date: 

Mar 31 2017

Bill Information:

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.

View: All Summaries for BillTracking:

Bill summary

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.

© 2021 School of Government The University of North Carolina at Chapel Hill

This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.

Printer-friendly: Click to view