Chapter 90

The Board shall license massage and bodywork therapy establishments in this State for the purpose of protecting the health, safety, and welfare of the public. Unless otherwise exempt from the Board licensure process, no individual, association, partnership, corporation, or other …

(a) Any person who wishes to operate a massage and bodywork therapy establishment shall obtain a license from the Board by submitting a massage and bodywork therapy establishment licensure application accompanied by all of the following: (1) The applicable fee set forth in G.S. 9…

(a) An owner may operate a licensed massage and bodywork therapy establishment under a name other than the name of the owner, provided such name is submitted to the Board on the application for licensure. (b) Any advertisement by the massage and bodywork therapy establishment sha…

The Board shall establish rules for the licensure of massage and bodywork therapy establishments. These rules shall include at least all of the following: (1) Requirements for adequate, safe, and sanitary facilities. (2) Requirements for compliance with local building code requir…

(a) The Board may impose the following fees up to the amounts listed below for massage and bodywork therapy establishment licensure: (1) Application for license $20.00 (2) Initial license fee 150.00 (3) License renewal 100.00 (4) Late renewal penalty 75.00 (5) Duplicate license 2…

(a) The Board may deny, suspend, revoke, discipline, or refuse to approve a massage and bodywork therapy establishment for any of the following reasons: (1) The employment of fraud, deceit, or misrepresentation in obtaining or attempting to obtain a massage and bodywork therapy e…

A massage and bodywork therapy establishment shall not employ or contract with any person in this State to provide massage and bodywork therapy unless that person holds a current license to practice massage and bodywork therapy issued pursuant to this Article. (2017-151, s. 3(k).…

(a) Sexual activity or solicitation of sexual activity by any person or persons in any massage and bodywork therapy establishment is unlawful and prohibited. (b) No owner shall engage in or permit any person or persons to engage in sexual activity in the owner's massage and bodyw…

The Board may utilize the enforcement and injunctive relief set forth in G.S. 90-634 and assess civil penalties and disciplinary costs as provided in G.S. 90-634.1 to address violations of G.S. 90-632.10 through G.S. 90-632.17, any rules adopted pursuant to G.S. 90-632.13, or any…

The Board may 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 a public awareness sign created and provided by the North Carolina Human Trafficking Commissi…

(a) The Board may deny, suspend, revoke, or refuse to license a massage and bodywork therapist or applicant for any of the following: (1) The employment of fraud, deceit, or misrepresentation in obtaining or attempting to obtain a license or the renewal of a license. (2) The use …

(a) It is unlawful for a person not licensed or exempted under this Article to engage in any of the following: (1) Practice of massage and bodywork therapy. (2) Advertise, represent, or hold out himself or herself to others to be a massage and bodywork therapist. (3) Use any titl…

(a) Authority to Assess Civil Penalties. - The Board may assess a civil penalty not in excess of one thousand dollars ($1,000) for the violation of any section of this Article or the violation of any rules adopted by the Board. The continuation of the same act for which the penal…

Nothing in this Article shall be construed to require direct third-party reimbursement to persons licensed under this Article. (1998-230, s. 10.)

Nothing in this Article shall be construed to prohibit a county or municipality from regulating persons covered by this Article, however, a county or municipality may not impose regulations that are inconsistent with this Article. (1998-230, s. 10.) §

(a) For purposes of this section, "health care practitioner" means an individual who is licensed, certified, or registered to engage in the practice of medicine, nursing, dentistry, pharmacy, or any related occupation involving the direct provision of health care to patients. (b)…

This Article may be cited as the "Respiratory Care Practice Act". (2000-162, s. 1.)

The General Assembly finds that the practice of respiratory care in the State of North Carolina affects the public health, safety, and welfare and that the mandatory licensure of persons who engage in respiratory care is necessary to ensure a minimum standard of competency. It is…

The following definitions apply in this Article: (1) Board. - The North Carolina Respiratory Care Board. (2) Diagnostic testing. - Cardiopulmonary procedures and tests performed on the written order of a physician licensed under Article 1 of this Chapter that provide information …

(a) The North Carolina Respiratory Care Board is created. The Board shall consist of 10 members as follows: (1) Two members shall be respiratory care practitioners. (2) Four members shall be physicians licensed to practice in North Carolina, and whose primary practice is Pulmonol…

(a) The members of the Board shall be appointed as follows: (1) The Governor shall appoint the public members described in G.S. 90-649(a)(5). (2) The General Assembly, upon the recommendation of the Speaker of the House of Representatives, shall appoint one of the respiratory car…

(a) The Board shall elect a chair and a vice-chair who shall hold office according to rules adopted pursuant to this Article, except that all officers shall be elected annually by the Board for one-year terms and shall serve until their successors are elected and qualified. (b) T…

The Board shall have the power and duty to: (1) Determine the qualifications and fitness of applicants for licensure, renewal of licensure, and reciprocal licensure. The Board shall, in its discretion, investigate the background of an applicant to determine the applicant's qualif…

(a) Each applicant for licensure under this Article shall meet the following requirements: (1) Submit a completed application as required by the Board. (2) Submit any fees required by the Board. (3) Submit to the Board written evidence, verified by oath, that the applicant has su…

Upon application and payment of the required fees, the Board may grant a temporary license to a person who, at the time of application, submits notarized copies of the items required in G.S. 90-653(a)(3) through (a)(5) while awaiting official copies of the items from the issuing …

The Board may grant, upon application and the payment of proper fees, a license to a person who, at the time of application holds a valid license, certificate, or registration as a respiratory care practitioner issued by another state or a political territory or jurisdiction acce…

The Board may grant a provisional license for a period not exceeding 12 months to any applicant who has successfully completed the education requirements under G.S. 90-653(a)(3) and has made application to take the examination required under G.S. 90-653(a)(5). A provisional licen…

After evaluation of the application and of any other evidence required from the applicant by the Board, the Board shall notify each applicant that the application and evidence submitted are satisfactory and accepted or unsatisfactory and rejected. If the application and evidence …

(a) A license issued by the Board is the property of the Board and shall be surrendered by the licensee to the Board on demand. (b) The licensee shall display the license in the manner prescribed by the Board. (c) The licensee shall inform the Board of any change of the licensee'…

(a) The Board shall take the necessary actions to deny or refuse to renew a license, suspend or revoke a license, or to impose probationary conditions on a licensee or applicant if the licensee or applicant: (1) Has engaged in any of the following conduct: a. Employed fraud, dece…

(a) All salaries, compensation, and expenses incurred or allowed for carrying out the purposes of this Article shall be paid by the Board exclusively out of the fees received by the Board as authorized by this Article or funds received from other sources. In no case shall any sal…

It shall be unlawful for any person who is not currently licensed under this Article to: (1) Engage in the practice of respiratory care. (2) Use the title "respiratory care practitioner". (3) Use the letters "RCP", "RTT", "RT", or any facsimile or combination in any words, letter…

Any person who violates any provision of this Article shall be guilty of a Class 1 misdemeanor. (2000-162, s. 1.)

The Board may apply to the superior court for an order enjoining violations of this Article, and upon a showing by the Board that any person has violated or is about to violate this Article, the court may grant an injunction or restraining order or take other appropriate action. …

The requirements of this Article shall not apply to: (1) Any person registered, certified, credentialed, or licensed to engage in another profession or occupation or any person working under the supervision of a person registered, certified, credentialed, or licensed to engage in…

Nothing in this Article shall be construed to require direct third-party reimbursements to persons licensed under this Article. (2000-162, s. 1.)

(a) Authority to Assess Civil Penalties. - In addition to taking any of the actions permitted under G.S. 90-659, the Board may assess a civil penalty not to exceed one thousand dollars ($1,000) for the violation of any section of this Article or any rules adopted by the Board. Th…

The following definitions apply in this Article: (1) Associate Safety Professional (ASP). A person who has met the education, experience, and examination requirements established by the Board of Certified Safety Professionals for an Associate Safety Professional. (2) Board of Cer…

(a) No person shall represent himself or herself as a Certified Safety Professional or Associate Safety Professional unless that person is certified by the Board of Certified Safety Professionals and has duly authorized the Board to file with the office of the Secretary of State …

(a) This Article does not apply to: (1) A person who holds a license issued by a State board, commission, or other agency, is engaged in activities authorized by his or her license, and does not represent himself or herself as an Associate Safety Professional or Certified Safety …

The Board shall file with the Secretary of State the name, address, telephone number, and date of certification for all Associate Safety Professionals and Certified Safety Professionals. The Board shall remit a filing fee of thirty-five dollars ($35.00) to the Secretary of State …

The General Assembly finds that the practice of perfusion is an area of health care that is continually evolving to include more sophisticated and demanding patient care activities. The General Assembly further finds that the practice of perfusion by unauthorized, unqualified, un…

The following definitions apply in this Article: (1) Certified clinical perfusionist. - A person who has successfully completed the examination process and has been issued a certificate by the American Board of Cardiovascular Perfusion or its successor organization. (2) Committee…

(a) The Committee shall report to the Medical Board all actions taken by the Committee pursuant to this Article, except for actions taken by the Committee pursuant to G.S. 90-684. No action by the Committee is effective unless the action is approved by the Medical Board. The Medi…

(a) On or after July 1, 2006, no person shall practice or offer to practice perfusion as defined in this Article, use the title "licensed perfusionist" or "provisional licensed perfusionist", use the letters "LP" or "PLP", or otherwise indicate or imply that the person is a licen…

(a) Composition and Terms. - The North Carolina Perfusion Advisory Committee is created. The Committee shall consist of seven members who shall serve staggered terms. The initial Committee members shall be selected on or before October 1, 2005, as follows: (1) The North Carolina …

The Committee shall have the power and duty to: (1) Administer this Article. (2) Issue interpretations of this Article. (3) Adopt, amend, or repeal rules as may be necessary to carry out the provisions of this Article. (4) Employ and fix the compensation of personnel that the Com…

(a) All records, papers, investigative files, investigative reports, other investigative information, and other documents containing information in the possession of or received or gathered by the Committee or its members or employees as a result of investigations, inquiries, or …

(a) An applicant shall be licensed to practice perfusion if the applicant meets all of the following qualifications: (1) Is at least 18 years old. (2) Completes an application on a form provided by the Committee. (3) Successfully completes a perfusion education program approved b…

The Committee may grant, upon application and payment of proper fees, a license to a person who has been licensed to practice perfusion in another state or territory of the United States whose standards of competency are substantially equivalent to those provided in this Article …