North Carolina Administrative Code

21 ncac 30 .0303 LICENSE RENEWAL (a) Any licensee desiring the renewal of a license shall comply with all continuing education requirements, shall apply for renewal and shall submit the required fee. (b) A license that has not been renewed prior to its expiration date is consider…

21 ncac 30 .0304 LICENSE BY RECIPROCITY History Note: Authority G.S. 90-626(9); 90-630; Temporary Adoption Eff. February 15, 2000; Eff. April 1, 2001; Repealed Eff. December 1, 2009.

21 NCAC 30 .0305 PROVISIONAL LICENSE History Note: Authority G.S. 90-626(3); S.L. 1998, c. 230, s. 14; Temporary Adoption Eff. February 15, 2000; Temporary Adoption Expired December 10, 2000.

21 NCAc 30 .0306 GROUNDS FOR LICENSE DENIAL OR DISCIPLINE (a) The Board may deny an application for licensure, or refuse to license an applicant for any of the reasons set forth in G.S. 90-633. (b) The Board may suspend or revoke the license of a massage and bodywork therapist, o…

SECTION .0400 - BUSINESS PRACTICES 21 NCAC 30 .0401 ADDRESS OF RECORD (a) Each licensee shall notify the Board in writing within 30 days of any change of the licensee's current residence street address and primary place of practice. The licensee shall provide in writing to the Bo…

21 ncac 30 .0402 TRADE NAMES The licensee shall notify the Board in writing of all assumed name certificates filed with any county register of deeds pursuant to the requirements of G.S. 66-68. History Note: Authority G.S. 90-626(9); Temporary Adoption Eff. February 15, 2000; Eff.…

21 ncac 30 .0403 CHANGE OF ADDRESS OR TRADE NAME All licensees shall notify the Board in writing of each change of trade name or address of record within 30 days of such change. History Note: Authority G.S. 90-626(9); Temporary Adoption Eff. February 15, 2000; Eff. April 1, 2001;…

21 ncac 30 .0404 ADVERTISING (a) Any advertisement of massage and bodywork therapy services in any advertising medium as defined herein shall include the licensee's name and license number, whether or not a trade name is used. (b) Advertising medium shall be defined as any form o…

21 ncac 30 .0405 PLACE OF PRACTICE Licensees may only engage in the practice of massage and bodywork therapy at a massage and bodywork therapy establishment that is licensed by the Board or at a location that is exempt from establishment licensure as set forth in G.S. 90-622(3a).…

SECTION .0500 - STANDARDS OF PROFESSIONAL CONDUCT 21 ncac 30 .0501 PURPOSE The standards set forth in Section .0500 establish requirements for the safe and effective practice of massage and bodywork therapy. They are intended to protect the public, to preserve the integrity of th…

21 ncac 30 .0502 GENERAL REQUIREMENTS In the practice of massage and bodywork therapy, licensees shall: (1) provide only those services that they have the training and practical experience to perform, and that are designed to benefit the health and well-being of the client; (2) d…

21 ncac 30 .0503 CLIENT ASSESSMENT AND INFORMED CONSENT Before providing treatment, licensees shall: (1) inquire as to the health history and current health status of each client to determine the indications and contraindications for the application of massage and bodywork therap…

21 NCAC 30 .0504 DOCUMENTATION; REFERRALS The licensee shall: (1) maintain documentation for each session, including the date of service, needs assessment, plan of care, observations made, and actions taken by the licensee; (2) refer the client to other health care practitioners …

21 ncac 30 .0505 CONFIDENTIALITY, ROLES AND BOUNDARIES In managing the client/therapist relationship, licensees shall: (1) maintain the confidentiality of all client information, unless written disclosure is consented to by the client, or required by law or by court order; this s…

21 ncac 30 .0506 DRAPING REQUIREMENTS Licensees shall adhere to the following requirements, except in the case of treatments where the client remains fully clothed: (1) provide draping in a manner that ensures the safety, comfort and privacy of the client; (2) maintain a supply o…

21 ncac 30 .0507 HYGIENE To maintain a professional standard of hygiene in their practice, licensees shall: (1) cleanse their exposed body part used for applying treatment, e.g. hands, elbows, forearms, or feet, before and after each treatment, using a lavatory with hot water or …

21 ncac 30 .0508 SEXUAL ACTIVITY DEFINED For the purposes of this Chapter, "sexual activity" shall mean any direct or indirect physical contact, or verbal communication, by any person or between persons which is intended to erotically stimulate either person, or which is likely t…

21 ncac 30 .0509 SEXUAL ACTIVITY PROHIBITED To preserve the safety and integrity of the therapeutic relationship, the following requirements shall apply during the period from the beginning of the client/therapist relationship, and continue for six months after the termination of…

21 ncac 30 .0510 PROVIDING OR TERMINATING SERVICE (a) Licensees shall have the right to provide therapeutic services to whom they choose. (b) Licensees shall also have the right to refuse treatment, or to terminate a treatment in progress to protect their own safety and well-bein…

21 ncac 30 .0511 BUSINESS AND ETHICAL REQUIREMENTS In the management and promotion of their practices, licensees shall: (1) represent their qualifications, credentials and professional affiliations accurately and completely; (2) conduct their business affairs with integrity and a…

21 ncac 30 .0512 IMPAIRMENT In the practice of massage and bodywork therapy, licensees shall not provide therapeutic services to clients when the licensee is under the influence of alcohol, drugs, or any illegal substance, with the exception of prescribed dosage of a prescription…

21 ncac 30 .0513 FACILITY REQUIREMENTS The practice of massage and bodywork therapy shall be conducted in facilities that are safe and sanitary. With the exception of treatments that are given at the location of a client, or treatments given at a temporary location lasting not mo…

21 ncac 30 .0514 INFORMING BOARD OF VIOLATIONS Licensees with actual knowledge shall inform the Board within 15 days of: (1) any person practicing without a license; or (2) any violation of the Practice Act when there is a potential for malpractice as defined in Rule .0102(4). Hi…

21 ncac 30 .0515 CONTINUING DUTY TO REPORT CERTAIN CRIMES AND CIVIL SUITS (a) Licensees with actual knowledge shall report to the Board any and all charges of the following criminal offenses, whether committed by themselves or by other licensees: (1) Felonies; (2) Crimes that inv…

21 NCAC 30 .0516 TREATMENT IN BODY CAVITIES A licensee may perform massage and bodywork therapy inside the vaginal or anal cavities of a client provided the licensee complies with the following requirements: (1) the licensee has received a written prescription or order from a lic…

SECTION .0600 - MASSAGE AND BODYWORK THERAPY SCHOOLS 21 NCAC 30 .0601 BOARD APPROVAL (a) Any postsecondary school of higher education, whether in this State or another state or territory that offers a certificate, diploma, or degree program in massage and bodywork therapy may mak…

21 NCAC 30 .0602 DEFINITIONS In addition to the definitions in G.S. 90-622, the following definitions shall apply to this Section: (1) Accredited – means "accreditation" as defined in G.S. 90-622(1). (2) Additional location. -- A facility not part of, nor adjoining the facility o…

21 NCAC 30 .0603 DOCUMENTATION OF SUCCESSFUL COMPLETION (a) In order to be acknowledged as having successfully completed a course of study as required by G.S. 90-629(4), an applicant for licensure must submit a transcript to the Board's administrative office. (b) Such transcript …

21 ncac 30 .0604 APPROVAL DESIGNATION (a) A school that is approved by the Board may utilize the designation, "Approved by the North Carolina Board of Massage and Bodywork Therapy," or "N.C. Board Approved." An approved school may utilize this designation only to promote a progra…

21 ncac 30 .0605 SCHOOL INSPECTIONS History Note: Authority G.S. 90-631; Temporary Adoption Eff. April 1, 2001; Temporary Adoption Expired December 28, 2001.

21 ncac 30 .0606 TERM OF SCHOOL APPROVAL; FEES History Note: Authority G.S. 90-626(8); 90-631; Temporary Adoption Eff. April 1, 2001; Temporary Adoption Expired December 28, 2001.

21 NCAC 30 .0607 VERIFICATION OF COMPLIANCE In order to verify that a school is in compliance with the standards for approval set forth in this Section, the Board may inspect a school during the application process or after approval has been granted. Such inspection may include t…

21 NCAC 30 .0608 SCHOOL APPROVAL FEES (a) The fees collected under this Section are intended to cover the administrative costs of the approval program. No fee for approval application, renewal or inspection shall be refunded in the event the application is rejected or the approva…

21 NCAC 30 .0609 DISCIPLINARY SANCTIONS; REPORTING REQUIREMENTS (a) The Board may utilize disciplinary sanctions for schools set forth in Rule .0905(b) if the applicant for approval or holder of such approval: (1) fails to maintain, at any time, the requirements for approval set …

21 NCAC 30 .0610 AUTHORITY TO OPERATE (a) A proprietary school shall provide documentation to the Board that it is licensed or approved by the regulatory authority for schools of massage and bodywork therapy in the state or territory in which it operates or is exempt by statute. …

21 NCAC 30 .0611 PROGRAM DIRECTOR QUALIFICATIONS AND ADMINISTRATIVE STAFF (a) A school shall designate one person as the program director. This person may be titled as director, or in the case of programs at post-secondary institutions, department chair or program coordinator. Th…

21 NCAC 30 .0612 INSTRUCTIONAL STAFF QUALIFICATIONS (a) The requirements in this Rule are intended to assure that instructors, as defined in Rule .0602 are competent in the fundamental knowledge and methodology of teaching and possess a professional level of skills, knowledge and…

21 NCAC 30 .0613 APPROVAL PROCESS FOR INSTRUCTIONAL STAFF (a) Whenever instructors and teaching assistants, as defined in Rule .0602 are hired, all application documents as described in Paragraph (c) of this Rule must be sent to the Board within 30 days of the hire date. (b) Inst…

21 NCAC 30 .0614 MANAGEMENT OF INSTRUCTORS (a) A school shall have written job descriptions with performance standards for each instructional position on its staff. (b) A school shall have an employment agreement or contract with each, instructor, whether such instructor works in…

21 NCAC 30 .0615 SCHOOL PLANT AND EQUIPMENT (a) A school plant, premises, and facilities shall be safe and sanitary and shall be in compliance with the statutory provisions and the rules and regulations of all local ordinances pertaining to fire, safety, health, and sanitation. C…

21 NCAC 30 .0616 FINANCIAL MANAGEMENT SYSTEMS AND ECONOMIC STABILITY (a) The school shall maintain sufficient resources for its ongoing operations and the discharge of its obligations to the students and staff. To demonstrate this, the school shall: (1) Maintain financial managem…

21 NCAC 30 .0617 STUDENT RECRUITMENT (a) In its recruitment of students, an approved school shall: (1) Not use employment agencies to recruit prospective students, or place advertisements in help-wanted sections of classified advertisements, or otherwise lead prospective students…

21 NCAC 30 .0618 ADMISSIONS (a) A school shall maintain admission policies and procedures that are disclosed to the public and administered. (b) A school shall conduct an orientation session for persons who have applied for admission or who are considering application for admissi…

21 NCAC 30 .0619 TUITION, REFUNDS AND FINANCIAL AID (a) A school shall disclose tuition, tuition refund policy, and all related program costs to prospective students. (b) Tuition policies shall be published in the school catalog or bulletin. Such policies shall address adjustment…

21 NCAC 30 .0620 PROGRAM REQUIREMENTS Pursuant to G.S. 90-631(a)(1), programs shall meet the following requirements: (1) A school shall develop and adhere to a set of educational objectives that describe the intended skills and knowledge that the program is designed to develop in…

21 NCAC 30 .0621 STUDENT RECORDS AND ACADEMIC PROGRESS (a) A school shall maintain current, complete, and accurate records on each student. The records shall show attendance, academic progress, grades, date entered, dates attended, courses studied, program completed, and date of …

21 NCAC 30 .0622 Educational credential issued; graduates' pass rate on national examinationS (a) Upon completion of the program, the student shall be given a certificate, diploma, or degree stating that the educational requirements have been met and the program has been successf…

21 NCAC 30 .0623 LEARNING RESOURCES The school shall provide students and instructional staff access to books, periodicals, charts, models, or electronic media, and other informational materials in the field of massage and bodywork therapy to support the educational objectives of…

21 NCAC 30 .0624 STANDARDS OF PROFESSIONAL CONDUCT (a) The following standards of professional conduct shall apply to instructional staff, key administrative staff and students, and shall apply to all school facilities as well as any other location where staff or students are dem…

21 NCAC 30 .0625 SCHOOL COMPLAINT POLICY An approved school shall administer an internal complaint policy for students and staff, and shall maintain a complaint file that provides the following information: (1) Person(s) filing complaint and date filed; (2) Nature of complaint an…