08/01/2017
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North Carolina Senate Bill 548 was signed into law by Governor Cooper on July 20. The new law requires that all massage therapy establishments, other than sole practitioner businesses and certain other practices detailed below, must hold a state massage establishment license, in addition to individual therapist licenses for each practitioner. Despite the opposition of ABMP and massage practitioners across the state, the bill was overwhelmingly supported by the North Carolina legislature and the Lt. Governor. We thank those of you who did contact your state legislators to voice your opinion about this legislation. There is nothing you need to do now. The establishment license requirement does not go into effect until October 1, 2017. In the meantime, the North Carolina Board of Massage and Bodywork Therapy must draft the regulations that will fill in the details of the new law, and must create an application form for the establishment license. There is no application form available yet. There will be opportunity for public comment on the draft regulations before final regulations are issued. We will keep you informed about the process via email as it progresses. The establishment license requirement does not apply to: a. On-site massage performed at the location of the customer. b. Stand-alone devices, such as chairs, that are operated by the customer. c. 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. d. Massage and bodywork therapy provided by a sole practitioner. e. A student clinic operated by a 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 United States Department of Education and licensed by the North Carolina Community College System or The University of North Carolina Board of Governors or exempt from such licensure pursuant to G.S. 116-15(c). f. Chiropractic physician offices that provide massage and bodywork therapy only by massage and bodywork therapists currently licensed in North Carolina. "Sole practitioner" is defined in the law as a "single licensed massage and bodywork therapist offering massage or bodywork therapy services from a space the licensed massage and bodywork therapist controls and from which only the licensed massage and bodywork therapist offers and provides the services." The new law also provides that the Board "may" require that massage businesses post a human trafficking awareness notice on their premises. ABMP opposed this provision in the legislative process and will continue to oppose such a requirement during the public comment period. The law states that the Board may impose establishment licensure fees not to exceed the following: (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............................................................. 25.00 (6) Inspection of establishment............................................. 150.00
We will keep you apprised of the status of the implementation of this new law, including the Board's development of regulations.
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