47 | | - | issued pursuant to this Article. 34 General Assembly Of North Carolina Session 2025 |
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48 | | - | Page 2 House Bill 122-First Edition |
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49 | | - | "§ 90-750.3. North Carolina Healing Arts Commission; composition; terms; compensation. 1 |
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50 | | - | (a) Establishment. – The North Carolina Healing Arts Commission is hereby created. The 2 |
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51 | | - | Commission shall consist of the following members appointed to three-year terms as follows: 3 |
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52 | | - | (1) One reflexologist appointed by the General Assembly upon the 4 |
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53 | | - | recommendation of the President Pro Tempore of the Senate. 5 |
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54 | | - | (2) One music therapist appointed by the Speaker of the House of 6 |
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55 | | - | Representatives. 7 |
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56 | | - | (3) One reflexologist appointed by the Governor. 8 |
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57 | | - | (4) One music therapist appointed by the Governor. 9 |
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58 | | - | (5) One member of the public appointed by the Governor. 10 |
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59 | | - | (b) Vacancies. – Any vacancies on the Commission shall be filled by the appointing 11 |
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60 | | - | authority as provided in subsection (a) of this section, except that any vacancy in appointments 12 |
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61 | | - | by the General Assembly shall be filled in accordance with G.S. 120-122. Individuals appointed 13 |
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62 | | - | to fill vacancies shall serve until the normal expiration of the term they were appointed to fill. 14 |
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63 | | - | (c) Qualifications. – 15 |
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64 | | - | (1) All members appointed to the Commission shall be citizens of the United 16 |
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65 | | - | States and residents of the State of North Carolina. 17 |
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66 | | - | (2) All members appointed to the Commission, except for the public member 18 |
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67 | | - | appointed by the Governor under subdivision (5) of subsection (a) of this 19 |
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68 | | - | section, shall be required to hold a North Carolina Healing Arts License in 20 |
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69 | | - | their respective profession, and remain in good standing for the duration of 21 |
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70 | | - | their terms. 22 |
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71 | | - | (3) Public members of the Commission shall not be: 23 |
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72 | | - | a. An agent or employee trained or experienced in the practice of healing 24 |
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73 | | - | arts. 25 |
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74 | | - | b. An agent or employee of a person engaged in the practice of healing 26 |
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75 | | - | arts. 27 |
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76 | | - | c. A spouse of an individual licensed pursuant to this Article. 28 |
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77 | | - | d. Any person with significant financial interest in a health service or 29 |
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78 | | - | profession. 30 |
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79 | | - | (d) New Healing Arts Professions. – Any healing arts professions created after January 31 |
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80 | | - | 1, 2026, shall have two members on the Commission, both of whom shall serve three-year terms. 32 |
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81 | | - | One of these members shall be appointed by the Governor. The second member shall be 33 |
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82 | | - | appointed by the General Assembly. The Speaker of the House of Representatives shall make a 34 |
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83 | | - | recommendation to be approved by the General Assembly for the first term, and the President 35 |
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84 | | - | Pro Tempore of the Senate shall make a recommendation to be approved by the General 36 |
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85 | | - | Assembly for the second term. The Speaker of the House of Representatives and the President 37 |
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86 | | - | Pro Tempore of the Senate shall thereafter alternate recommendations for subsequent terms. 38 |
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87 | | - | (e) Removal. – The Commission may remove any of its members for neglect of duty, 39 |
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88 | | - | incompetence, or unprofessional conduct. A member subject to disciplinary proceedings as a 40 |
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89 | | - | licensed healing arts professional shall be disqualified from participating in the official business 41 |
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90 | | - | of the Commission until the charges have been resolved. Any member of the Commission may 42 |
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91 | | - | be removed from office by the Governor for good cause shown. 43 |
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92 | | - | (f) Compensation of Members; Meetings. – A Commission member may not receive 44 |
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93 | | - | compensation but may receive reimbursement as provided in G.S. 93B-5. The officers of the 45 |
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94 | | - | Commission shall include a chair, a secretary, and any other officers deemed necessary by the 46 |
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95 | | - | Commission to carry out the purposes of this Article. All officers shall be elected annually by the 47 |
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96 | | - | Commission at its first meeting held after appointments to the Commission are made. The 48 |
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97 | | - | Commission shall hold a meeting within 45 days after the appointment of new Commission 49 |
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98 | | - | members. All officers shall serve one-year terms and shall serve until their successors are elected 50 |
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99 | | - | and qualified. No person shall chair the Commission for more than five consecutive years. The 51 General Assembly Of North Carolina Session 2025 |
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100 | | - | House Bill 122-First Edition Page 3 |
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101 | | - | Commission may adopt rules governing the calling, holding, and conducting of regular and 1 |
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102 | | - | special meetings. A majority of Commission members present and voting constitutes a quorum, 2 |
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103 | | - | and no action may be taken without a quorum. 3 |
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104 | | - | "§ 90-750.4. Powers of the Commission. 4 |
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105 | | - | The Commission shall have the following powers and duties: 5 |
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106 | | - | (1) Administer, coordinate, and enforce the provisions of this Article. 6 |
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107 | | - | (2) Adopt, amend, or repeal rules necessary to conduct its business, carry out its 7 |
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108 | | - | duties, and administer this Article. 8 |
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109 | | - | (3) Appoint and maintain advisory committees to fulfill the daily regulation of 9 |
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110 | | - | healing arts professions. 10 |
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111 | | - | (4) Issue, renew, deny, suspend, or revoke Healing Arts Licenses, order 11 |
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112 | | - | probation, issue reprimands, and conduct any disciplinary actions authorized 12 |
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113 | | - | by this Article. 13 |
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114 | | - | (5) Authorize expenditures deemed necessary to carry out the provisions of this 14 |
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115 | | - | Article from fees paid to the Commission pursuant to this Article. 15 |
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116 | | - | (6) Remit to advisory committees funds sufficient for those advisory committees 16 |
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117 | | - | to carry out their duties. 17 |
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118 | | - | (7) Conduct investigations for the purpose of discovering violations of this Article 18 |
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119 | | - | or grounds for disciplinary actions. 19 |
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120 | | - | (8) Conduct any administrative hearings necessary for the administration of this 20 |
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121 | | - | Article, including disciplinary hearings to enforce the provisions of this 21 |
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122 | | - | Article. 22 |
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123 | | - | (9) Establish fees as necessary for the administration of this Article. 23 |
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124 | | - | "§ 90-750.5. Expenses and fees. 24 |
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125 | | - | (a) All fees shall be payable to and deposited in the name of the Commission in financial 25 |
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126 | | - | institutions designated by the Commission as official depositories. These fees shall be used to 26 |
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127 | | - | carry out the purposes of this Article. 27 |
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128 | | - | (b) All salaries, compensation, and expenses incurred or allowed to carry out the purposes 28 |
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129 | | - | of this Article shall be paid by the Commission exclusively out of the fees received by the 29 |
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130 | | - | Commission as authorized by this Article or funds received from other sources. In no case shall 30 |
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131 | | - | any salary, expense, or other obligation authorized by this Article be charged against the State 31 |
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132 | | - | treasury. 32 |
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133 | | - | (c) The Commission shall establish fees for healing arts professions not exceeding the 33 |
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134 | | - | following amounts: 34 |
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135 | | - | (1) Issuance of a North Carolina Healing Arts License ........................... $300.00 35 |
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136 | | - | (2) License application and examination. ................................................ $200.00 36 |
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137 | | - | (3) North Carolina Healing Arts License renewal (annually) .................. $350.00 37 |
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138 | | - | (4) Late renewal ....................................................................................... $200.00. 38 |
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139 | | - | "§ 90-750.6. Violations. 39 |
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140 | | - | (a) Except as provided in subsection (b) of this section, any person violating any 40 |
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141 | | - | provision of this Article shall be punished as follows: 41 |
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142 | | - | (1) For the first violation, the individual shall receive a written warning. 42 |
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143 | | - | (2) For the second violation, the individual shall be subject to a civil penalty of 43 |
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144 | | - | no more than two hundred dollars ($200.00). 44 |
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145 | | - | (3) For the third and each subsequent violation, the individual shall be subject to 45 |
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146 | | - | a civil penalty of no more than two hundred dollars ($200.00) for each 46 |
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147 | | - | violation and shall be guilty of a Class 1 misdemeanor. 47 |
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148 | | - | (b) The clear proceeds of a civil penalty assessed under this section shall be remitted to 48 |
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149 | | - | the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. 49 |
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150 | | - | "§ 90-750.7. Injunction. 50 General Assembly Of North Carolina Session 2025 |
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151 | | - | Page 4 House Bill 122-First Edition |
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| 46 | + | issued pursuant to this Article. 34 |
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| 47 | + | "§ 90-750.3. North Carolina Healing Arts Commission; composition; terms; compensation. 35 |
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| 48 | + | H.B. 122 |
---|
| 49 | + | Feb 13, 2025 |
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| 50 | + | HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025 |
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| 51 | + | Page 2 DRH10056-NBf-37 |
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| 52 | + | (a) Establishment. – The North Carolina Healing Arts Commission is hereby created. The 1 |
---|
| 53 | + | Commission shall consist of the following members appointed to three-year terms as follows: 2 |
---|
| 54 | + | (1) One reflexologist appointed by the General Assembly upon the 3 |
---|
| 55 | + | recommendation of the President Pro Tempore of the Senate. 4 |
---|
| 56 | + | (2) One music therapist appointed by the Speaker of the House of 5 |
---|
| 57 | + | Representatives. 6 |
---|
| 58 | + | (3) One reflexologist appointed by the Governor. 7 |
---|
| 59 | + | (4) One music therapist appointed by the Governor. 8 |
---|
| 60 | + | (5) One member of the public appointed by the Governor. 9 |
---|
| 61 | + | (b) Vacancies. – Any vacancies on the Commission shall be filled by the appointing 10 |
---|
| 62 | + | authority as provided in subsection (a) of this section, except that any vacancy in appointments 11 |
---|
| 63 | + | by the General Assembly shall be filled in accordance with G.S. 120-122. Individuals appointed 12 |
---|
| 64 | + | to fill vacancies shall serve until the normal expiration of the term they were appointed to fill. 13 |
---|
| 65 | + | (c) Qualifications. – 14 |
---|
| 66 | + | (1) All members appointed to the Commission shall be citizens of the United 15 |
---|
| 67 | + | States and residents of the State of North Carolina. 16 |
---|
| 68 | + | (2) All members appointed to the Commission, except for the public member 17 |
---|
| 69 | + | appointed by the Governor under subdivision (5) of subsection (a) of this 18 |
---|
| 70 | + | section, shall be required to hold a North Carolina Healing Arts License in 19 |
---|
| 71 | + | their respective profession, and remain in good standing for the duration of 20 |
---|
| 72 | + | their terms. 21 |
---|
| 73 | + | (3) Public members of the Commission shall not be: 22 |
---|
| 74 | + | a. An agent or employee trained or experienced in the practice of healing 23 |
---|
| 75 | + | arts. 24 |
---|
| 76 | + | b. An agent or employee of a person engaged in the practice of healing 25 |
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| 77 | + | arts. 26 |
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| 78 | + | c. A spouse of an individual licensed pursuant to this Article. 27 |
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| 79 | + | d. Any person with significant financial interest in a health service or 28 |
---|
| 80 | + | profession. 29 |
---|
| 81 | + | (d) New Healing Arts Professions. – Any healing arts professions created after January 30 |
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| 82 | + | 1, 2026, shall have two members on the Commission, both of whom shall serve three-year terms. 31 |
---|
| 83 | + | One of these members shall be appointed by the Governor. The second member shall be 32 |
---|
| 84 | + | appointed by the General Assembly. The Speaker of the House of Representatives shall make a 33 |
---|
| 85 | + | recommendation to be approved by the General Assembly for the first term, and the President 34 |
---|
| 86 | + | Pro Tempore of the Senate shall make a recommendation to be approved by the General 35 |
---|
| 87 | + | Assembly for the second term. The Speaker of the House of Representatives and the President 36 |
---|
| 88 | + | Pro Tempore of the Senate shall thereafter alternate recommendations for subsequent terms. 37 |
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| 89 | + | (e) Removal. – The Commission may remove any of its members for neglect of duty, 38 |
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| 90 | + | incompetence, or unprofessional conduct. A member subject to disciplinary proceedings as a 39 |
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| 91 | + | licensed healing arts professional shall be disqualified from participating in the official business 40 |
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| 92 | + | of the Commission until the charges have been resolved. Any member of the Commission may 41 |
---|
| 93 | + | be removed from office by the Governor for good cause shown. 42 |
---|
| 94 | + | (f) Compensation of Members; Meetings. – A Commission member may not receive 43 |
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| 95 | + | compensation but may receive reimbursement as provided in G.S. 93B-5. The officers of the 44 |
---|
| 96 | + | Commission shall include a chair, a secretary, and any other officers deemed necessary by the 45 |
---|
| 97 | + | Commission to carry out the purposes of this Article. All officers shall be elected annually by the 46 |
---|
| 98 | + | Commission at its first meeting held after appointments to the Commission are made. The 47 |
---|
| 99 | + | Commission shall hold a meeting within 45 days after the appointment of new Commission 48 |
---|
| 100 | + | members. All officers shall serve one-year terms and shall serve until their successors are elected 49 |
---|
| 101 | + | and qualified. No person shall chair the Commission for more than five consecutive years. The 50 |
---|
| 102 | + | Commission may adopt rules governing the calling, holding, and conducting of regular and 51 General Assembly Of North Carolina Session 2025 |
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| 103 | + | DRH10056-NBf-37 Page 3 |
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| 104 | + | special meetings. A majority of Commission members present and voting constitutes a quorum, 1 |
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| 105 | + | and no action may be taken without a quorum. 2 |
---|
| 106 | + | "§ 90-750.4. Powers of the Commission. 3 |
---|
| 107 | + | The Commission shall have the following powers and duties: 4 |
---|
| 108 | + | (1) Administer, coordinate, and enforce the provisions of this Article. 5 |
---|
| 109 | + | (2) Adopt, amend, or repeal rules necessary to conduct its business, carry out its 6 |
---|
| 110 | + | duties, and administer this Article. 7 |
---|
| 111 | + | (3) Appoint and maintain advisory committees to fulfill the daily regulation of 8 |
---|
| 112 | + | healing arts professions. 9 |
---|
| 113 | + | (4) Issue, renew, deny, suspend, or revoke Healing Arts Licenses, order 10 |
---|
| 114 | + | probation, issue reprimands, and conduct any disciplinary actions authorized 11 |
---|
| 115 | + | by this Article. 12 |
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| 116 | + | (5) Authorize expenditures deemed necessary to carry out the provisions of this 13 |
---|
| 117 | + | Article from fees paid to the Commission pursuant to this Article. 14 |
---|
| 118 | + | (6) Remit to advisory committees funds sufficient for those advisory committees 15 |
---|
| 119 | + | to carry out their duties. 16 |
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| 120 | + | (7) Conduct investigations for the purpose of discovering violations of this Article 17 |
---|
| 121 | + | or grounds for disciplinary actions. 18 |
---|
| 122 | + | (8) Conduct any administrative hearings necessary for the administration of this 19 |
---|
| 123 | + | Article, including disciplinary hearings to enforce the provisions of this 20 |
---|
| 124 | + | Article. 21 |
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| 125 | + | (9) Establish fees as necessary for the administration of this Article. 22 |
---|
| 126 | + | "§ 90-750.5. Expenses and fees. 23 |
---|
| 127 | + | (a) All fees shall be payable to and deposited in the name of the Commission in financial 24 |
---|
| 128 | + | institutions designated by the Commission as official depositories. These fees shall be used to 25 |
---|
| 129 | + | carry out the purposes of this Article. 26 |
---|
| 130 | + | (b) All salaries, compensation, and expenses incurred or allowed to carry out the purposes 27 |
---|
| 131 | + | of this Article shall be paid by the Commission exclusively out of the fees received by the 28 |
---|
| 132 | + | Commission as authorized by this Article or funds received from other sources. In no case shall 29 |
---|
| 133 | + | any salary, expense, or other obligation authorized by this Article be charged against the State 30 |
---|
| 134 | + | treasury. 31 |
---|
| 135 | + | (c) The Commission shall establish fees for healing arts professions not exceeding the 32 |
---|
| 136 | + | following amounts: 33 |
---|
| 137 | + | (1) Issuance of a North Carolina Healing Arts License ........................... $300.00 34 |
---|
| 138 | + | (2) License application and examination. ................................................ $200.00 35 |
---|
| 139 | + | (3) North Carolina Healing Arts License renewal (annually) .................. $350.00 36 |
---|
| 140 | + | (4) Late renewal ....................................................................................... $200.00. 37 |
---|
| 141 | + | "§ 90-750.6. Violations. 38 |
---|
| 142 | + | (a) Except as provided in subsection (b) of this section, any person violating any 39 |
---|
| 143 | + | provision of this Article shall be punished as follows: 40 |
---|
| 144 | + | (1) For the first violation, the individual shall receive a written warning. 41 |
---|
| 145 | + | (2) For the second violation, the individual shall be subject to a civil penalty of 42 |
---|
| 146 | + | no more than two hundred dollars ($200.00). 43 |
---|
| 147 | + | (3) For the third and each subsequent violation, the individual shall be subject to 44 |
---|
| 148 | + | a civil penalty of no more than two hundred dollars ($200.00) for each 45 |
---|
| 149 | + | violation and shall be guilty of a Class 1 misdemeanor. 46 |
---|
| 150 | + | (b) The clear proceeds of a civil penalty assessed under this section shall be remitted to 47 |
---|
| 151 | + | the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. 48 |
---|
| 152 | + | "§ 90-750.7. Injunction. 49 General Assembly Of North Carolina Session 2025 |
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| 153 | + | Page 4 DRH10056-NBf-37 |
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152 | 154 | | As an additional remedy, the Commission may proceed in superior court to enjoin and 1 |
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153 | 155 | | restrain any person from violating the prohibitions of this Article. The Commission shall not be 2 |
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154 | 156 | | required to post bond when seeking an injunction pursuant to this section. 3 |
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155 | 157 | | "§ 90-750.8. Healing arts professions. 4 |
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156 | 158 | | The following are the healing arts professions subject to this Article: 5 |
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157 | 159 | | (1) Reflexologists. 6 |
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158 | 160 | | (2) Music therapists. 7 |
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159 | 161 | | "§ 90-750.9. Third-party reimbursement. 8 |
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160 | 162 | | Nothing in this Article shall be construed to require direct third-party reimbursement to 9 |
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161 | 163 | | persons licensed under this Article. 10 |
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162 | 164 | | "Part 2. Reflexology. 11 |
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163 | 165 | | "§ 90-750.10. Reflexology as a healing arts profession. 12 |
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164 | 166 | | It is the policy of this State that the practice of reflexology shall be considered a healing arts 13 |
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165 | 167 | | profession. 14 |
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166 | 168 | | "§ 90-750.11. Definitions. 15 |
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167 | 169 | | The following definitions apply in this Part: 16 |
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168 | 170 | | (1) Certifying entity. – The American Reflexology Certification Board or its 17 |
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169 | 171 | | successor. 18 |
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170 | 172 | | (2) Committee. – The North Carolina Reflexology Advisory Committee. 19 |
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171 | 173 | | (3) National certification. – A determination by the certifying entity that an 20 |
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172 | 174 | | individual has passed the certifying entity's national exam and that the 21 |
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173 | 175 | | individual has an active status with the certifying entity. 22 |
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174 | 176 | | (4) North Carolina Licensed Reflexologist. – An individual that (i) is certified by 23 |
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175 | 177 | | the certifying entity as a certified reflexologist and (ii) has been issued a North 24 |
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176 | 178 | | Carolina Healing Arts License in reflexology by the Commission. 25 |
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177 | 179 | | (5) Reflexology. – A protocol of manual techniques, including thumb- and 26 |
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178 | 180 | | finger-walking, hook and backup, and rotating-on-a-point, that are applied to 27 |
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179 | 181 | | specific reflex areas predominantly on the feet and hands and that stimulate 28 |
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180 | 182 | | the complex neural pathways linking body systems and support the body's 29 |
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181 | 183 | | efforts to function optimally. The practice of reflexology is not massage and 30 |
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182 | 184 | | bodywork therapy as defined in Article 36 of this Chapter. 31 |
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183 | 185 | | "§ 90-750.12. North Carolina Reflexology Advisory Committee. 32 |
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184 | 186 | | (a) Establishment. – The North Carolina Reflexology Advisory Committee is created. 33 |
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185 | 187 | | The Committee consists of three members serving staggered terms. The initial Committee 34 |
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186 | 188 | | members shall be appointed on or before January 1, 2026, as follows: 35 |
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187 | 189 | | (1) The Commission shall appoint from a list of names submitted by the North 36 |
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188 | 190 | | Carolina Reflexology Association or its successor two reflexologists eligible 37 |
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189 | 191 | | for licensure under this Article. One member shall serve an initial term of three 38 |
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190 | 192 | | years, and one member shall serve an initial term of two years. 39 |
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191 | 193 | | (2) The Commission shall appoint one public member who shall serve an initial 40 |
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192 | 194 | | term of one year. 41 |
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193 | 195 | | Upon the expiration of the terms of the initial Committee members, each subsequent member 42 |
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194 | 196 | | shall be appointed for a term of three years. The term of a member shall begin on January 1 of 43 |
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195 | 197 | | each year. A member shall serve until the member's successor is appointed. No member shall 44 |
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196 | 198 | | serve on the Committee for more than two consecutive full terms. 45 |
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197 | 199 | | (b) Qualifications. – The initial reflexologist appointees shall be citizens of the United 46 |
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198 | 200 | | States and North Carolina residents for at least two years prior to appointment, certified by the 47 |
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199 | 201 | | certifying entity as a reflexologist, and eligible to obtain a North Carolina Healing Arts License 48 |
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200 | 202 | | in reflexology under G.S. 90-750.14. Upon appointment, each initial reflexologist appointee shall 49 |
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201 | 203 | | immediately seek to obtain a North Carolina Healing Arts License in reflexology under this 50 |
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202 | 204 | | Article and shall remain in good standing with the Committee during the appointee's term. 51 General Assembly Of North Carolina Session 2025 |
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204 | 206 | | Subsequent reflexologist appointees shall be citizens of the United States, residents of North 1 |
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205 | 207 | | Carolina, North Carolina Licensed Reflexologists, and appointed by the Commission from a list 2 |
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206 | 208 | | of names supplied by the North Carolina Reflexology Association or its successor. Public 3 |
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207 | 209 | | members of the Committee shall not be: 4 |
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208 | 210 | | (1) An agent or employee trained or experienced in the practice of reflexology. 5 |
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209 | 211 | | (2) An agent or employee of a person engaged in the practice of reflexology. 6 |
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210 | 212 | | (3) A member of a healing arts profession or a person enrolled in a program to 7 |
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211 | 213 | | become a member of a healing arts profession. 8 |
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212 | 214 | | (4) A spouse of an individual licensed under this Article. 9 |
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213 | 215 | | (5) Any person with significant financial interest in a health service or profession. 10 |
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214 | 216 | | (c) Meetings. – The Committee shall elect annually a chair and other officers as it deems 11 |
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215 | 217 | | necessary to carry out the purposes of this Article. The Committee may hold additional meetings 12 |
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216 | 218 | | upon the call of the chair or any two Committee members. A majority of the Committee shall 13 |
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217 | 219 | | constitute a quorum. 14 |
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218 | 220 | | (d) Compensation of Members; Expenses; Employees. – Members of the Committee 15 |
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219 | 221 | | shall receive no compensation for their services but shall receive per diem and necessary travel 16 |
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220 | 222 | | and subsistence expenses as provided in G.S. 138-5 and G.S. 138-6. In no event shall the State 17 |
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221 | 223 | | of North Carolina be liable for expenses incurred by the Committee in excess of the income 18 |
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222 | 224 | | derived from this Article. 19 |
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223 | 225 | | "§ 90-750.13. Powers and duties of Committee. 20 |
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224 | 226 | | The Committee shall have the following powers and duties: 21 |
---|
225 | 227 | | (1) Administer and coordinate the provisions of this Part. 22 |
---|
226 | 228 | | (2) Make recommendations to the Commission to adopt, amend, or repeal rules 23 |
---|
227 | 229 | | to administer and enforce this Part. 24 |
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228 | 230 | | (3) Establish and determine qualification and fitness of applicants for a North 25 |
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229 | 231 | | Carolina Healing Arts License in reflexology under this Part. 26 |
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230 | 232 | | (4) Make recommendations to the Commission to issue, renew, deny, suspend, 27 |
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231 | 233 | | revoke, or refuse to issue or renew a North Carolina Healing Arts License in 28 |
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232 | 234 | | reflexology under this Article. 29 |
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233 | 235 | | (5) Make recommendations to the Commission to discipline North Carolina 30 |
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234 | 236 | | Licensed Reflexologists. 31 |
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235 | 237 | | (6) Advise the Commission to seek civil and criminal penalties against 32 |
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236 | 238 | | nonlicensed individuals engaged in the practice of reflexology. 33 |
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237 | 239 | | (7) Provide all North Carolina Licensed Reflexologists with a wallet-sized card 34 |
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238 | 240 | | identifying the bearer as a North Carolina Licensed Reflexologist. 35 |
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239 | 241 | | (8) Maintain a list of all individuals in the State who hold a North Carolina 36 |
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240 | 242 | | Healing Arts License in reflexology. 37 |
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241 | 243 | | "§ 90-750.14. Healing arts licensure in reflexology application and requirements. 38 |
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242 | 244 | | Each individual desiring to obtain a North Carolina Healing Arts License in reflexology under 39 |
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243 | 245 | | this Article shall apply to the Committee in accordance with the procedures and rules prescribed 40 |
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244 | 246 | | by the Commission. The Committee shall recommend that the Commission issue a North 41 |
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245 | 247 | | Carolina Healing Arts License in reflexology to any applicant who furnishes evidence 42 |
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246 | 248 | | satisfactory to the Committee that the applicant meets all of the following criteria: 43 |
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247 | 249 | | (1) The applicant is at least 18 years of age. 44 |
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248 | 250 | | (2) The applicant is of good moral character as determined by the Committee. 45 |
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249 | 251 | | (3) The applicant holds a national certification issued by the certifying entity. 46 |
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250 | 252 | | (4) The applicant has paid all applicable fees to the Commission as specified in 47 |
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251 | 253 | | G.S. 90-750.5. 48 |
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252 | 254 | | "§ 90-750.15. License renewal. 49 |
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253 | 255 | | Every North Carolina Healing Arts License in reflexology issued by the Commission shall 50 |
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254 | 256 | | be renewed on or before January 1 every year. The Committee shall recommend that the 51 General Assembly Of North Carolina Session 2025 |
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256 | 258 | | Commission renew the North Carolina Healing Arts License in reflexology of any individual 1 |
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257 | 259 | | who files a renewal application with the committee and who meets the criteria set forth in 2 |
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258 | 260 | | G.S. 90-750.14. 3 |
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259 | 261 | | "§ 90-750.16. Compensation for reflexology services; prohibited acts. 4 |
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260 | 262 | | (a) Compensation may be received for reflexology services only when those services are 5 |
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261 | 263 | | performed by an individual holding a North Carolina Healing Arts License in reflexology. 6 |
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262 | 264 | | Nonlicensed individuals who provide reflexology services or who engage in the practice of 7 |
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263 | 265 | | reflexology are subject to the penalties in G.S. 90-750.6 or an injunction under G.S. 90-750.7 8 |
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264 | 266 | | unless any of the following applies: 9 |
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265 | 267 | | (1) The individual is a reflexology student working to obtain a certification of 10 |
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266 | 268 | | completion from a nationally recognized reflexology education program. 11 |
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267 | 269 | | (2) The individual holds a certification of completion from a nationally 12 |
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268 | 270 | | recognized reflexology education program, and that program was completed 13 |
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269 | 271 | | no more than six months prior to that individual receiving compensation for 14 |
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270 | 272 | | reflexology services. 15 |
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271 | 273 | | (b) Unless all reflexology services are performed by individuals holding a North Carolina 16 |
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272 | 274 | | Healing Arts License in reflexology, a place of business where reflexology services are offered 17 |
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273 | 275 | | for compensation shall be subject to a civil penalty of no more than five hundred dollars 18 |
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274 | 276 | | ($500.00) for each violation and a suspension of any license to operate the business for no more 19 |
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275 | 277 | | than 90 days. The clear proceeds of the civil penalty assessed under this section shall be remitted 20 |
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276 | 278 | | to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. The Commission 21 |
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277 | 279 | | shall enforce the provisions of this subsection. 22 |
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278 | 280 | | "§ 90-750.17. License to be displayed; advertising. 23 |
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279 | 281 | | (a) At all places of business in which compensated reflexology services are offered, a 24 |
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280 | 282 | | valid and up-to-date license for all individuals offering compensated reflexology services shall 25 |
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281 | 283 | | be displayed in a prominent place. 26 |
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282 | 284 | | (b) All public advertising designed to attract clients for reflexology services shall identify 27 |
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283 | 285 | | that the services will be performed by an individual holding a North Carolina Healing Arts 28 |
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284 | 286 | | License in reflexology. 29 |
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285 | 287 | | (c) No individual shall use the title "North Carolina Licensed Reflexologist" unless that 30 |
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286 | 288 | | individual holds a valid North Carolina Healing Arts License in reflexology issued by the 31 |
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287 | 289 | | Commission. Individuals holding themselves out as North Carolina Licensed Reflexologists shall 32 |
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288 | 290 | | carry the identification card described in G.S. 90-750.13(7) at all times when providing 33 |
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289 | 291 | | reflexology services. Individuals in violation of this subsection are subject to the penalties in 34 |
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290 | 292 | | G.S. 90-750.6 or an injunction under G.S. 90-750.7. 35 |
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291 | 293 | | "§ 90-750.18. Reciprocity. 36 |
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292 | 294 | | The Committee may recommend that the Commission grant, upon application and payment 37 |
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293 | 295 | | of proper fees, a North Carolina Healing Arts License in reflexology to a person who has been 38 |
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294 | 296 | | licensed or certified to practice reflexology in another state or territory of the United States whose 39 |
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295 | 297 | | standards of competency are substantially equivalent to the requirements for licensure provided 40 |
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296 | 298 | | in this Article. 41 |
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297 | 299 | | "§ 90-750.19. Exemptions. 42 |
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298 | 300 | | This Part shall not apply to an individual who may apply pressure to the reflex areas on the 43 |
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299 | 301 | | hands, feet, and outer ears in the regular course of that individual's work, so long as (i) the 44 |
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300 | 302 | | individual is licensed by this State as a massage and bodywork therapist, physician, chiropractor, 45 |
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301 | 303 | | acupuncturist, physical therapist, cosmetologist, registered nurse, or as a member of other 46 |
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302 | 304 | | professions licensed by the State and (ii) this application of pressure to the reflex areas on the 47 |
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303 | 305 | | hands, feet, and outer ears accounts for no more than twenty-five percent (25%) of that 48 |
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304 | 306 | | individual's work. 49 |
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305 | 307 | | "Part 3. Music Therapy. 50 |
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306 | 308 | | "§ 90-750.20. Music therapy as a healing arts profession. 51 General Assembly Of North Carolina Session 2025 |
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308 | 310 | | It is the policy of this State that the practice of music therapy shall be considered a healing 1 |
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309 | 311 | | arts profession. 2 |
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310 | 312 | | "§ 90-750.21. Definitions. 3 |
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311 | 313 | | The following definitions apply in this Part: 4 |
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312 | 314 | | (1) Certifying entity. – The Certification Board for Music Therapists or its 5 |
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313 | 315 | | successor. 6 |
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314 | 316 | | (2) Committee. – The North Carolina Music Therapy Advisory Committee. 7 |
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315 | 317 | | (3) Music therapy. – The clinical and evidence-based use of music interventions 8 |
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316 | 318 | | to accomplish individualized goals within a therapeutic relationship by a 9 |
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317 | 319 | | credentialed professional who has completed an approved music therapy 10 |
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318 | 320 | | program, including (i) assessment of a client's emotional, physical, and 11 |
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319 | 321 | | spiritual health; social functioning; communication abilities; and cognitive 12 |
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320 | 322 | | skills through the client's history and observation and interaction of the client 13 |
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321 | 323 | | in music and nonmusic settings, (ii) development and implementation of 14 |
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322 | 324 | | treatment plans, based on a client's assessed needs, using music interventions, 15 |
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323 | 325 | | including music improvisation, receptive music listening, song writing, lyric 16 |
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324 | 326 | | discussion, music and imagery, music performance, learning through music, 17 |
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325 | 327 | | and movement to music, and (iii) evaluation and documentation of the client's 18 |
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326 | 328 | | response to treatment. 19 |
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327 | 329 | | (4) Music therapy services. – The provision of services to accomplish music 20 |
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328 | 330 | | therapy goals, including (i) conducting an individualized assessment for the 21 |
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329 | 331 | | purpose of collecting systematic, comprehensive, and accurate data necessary 22 |
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330 | 332 | | to determine the course of action subsequent to the individualized treatment 23 |
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331 | 333 | | plan, (ii) planning and developing the individualized music therapy treatment 24 |
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332 | 334 | | plan that identifies an individual's goals, objectives, and potential treatment 25 |
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333 | 335 | | intervention strategies, (iii) implementing the individualized music therapy 26 |
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334 | 336 | | treatment plan consistent with the individual's overall treatment program, (iv) 27 |
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335 | 337 | | systematically evaluating and comparing the individual's response to the 28 |
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336 | 338 | | individualized music therapy treatment plan and suggesting modifications, as 29 |
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337 | 339 | | appropriate, (v) developing a discharge plan in collaboration with the 30 |
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338 | 340 | | individual, the individual's family, treatment team, and other identified 31 |
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339 | 341 | | support networks, when appropriate, (vi) minimizing the impact of 32 |
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340 | 342 | | environmental constraints as a barrier to participation in least restrictive 33 |
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341 | 343 | | environments for individuals engaging in music therapy, (vii) collaborating 34 |
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342 | 344 | | with and educating the individual, family, caregiver, and others to foster an 35 |
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343 | 345 | | environment responsive to the developmental needs of the individual as 36 |
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344 | 346 | | addressed in music therapy, and (viii) consulting with groups, programs, 37 |
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345 | 347 | | organizations, or communities to improve accessibility to music therapy 38 |
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346 | 348 | | services. 39 |
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347 | 349 | | (5) National certification. – A determination by the certifying entity that an 40 |
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348 | 350 | | individual has satisfied the certifying entity's requirements and that the 41 |
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349 | 351 | | individual has an active status with the certifying entity. 42 |
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350 | 352 | | (6) North Carolina Licensed Music Therapist. – An individual who has been 43 |
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351 | 353 | | issued a North Carolina Healing Arts License in music therapy by the 44 |
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352 | 354 | | Commission. 45 |
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353 | 355 | | "§ 90-750.22. North Carolina Music Therapy Advisory Committee. 46 |
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354 | 356 | | (a) Establishment. – The North Carolina Music Therapy Advisory Committee is created. 47 |
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355 | 357 | | The Committee consists of three members serving staggered terms. The initial Committee 48 |
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356 | 358 | | members shall be appointed on or before January 1, 2026, as follows: 49 |
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357 | 359 | | (1) The Commission shall appoint from a list of names submitted by the Music 50 |
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358 | 360 | | Therapy Association of North Carolina or its successor two music therapists 51 General Assembly Of North Carolina Session 2025 |
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360 | 362 | | eligible to obtain a North Carolina Healing Arts License in music therapy 1 |
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361 | 363 | | under this Article. One member shall serve an initial term of three years, and 2 |
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362 | 364 | | one member shall serve an initial term of two years. 3 |
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363 | 365 | | (2) The Commission shall appoint one public member who shall serve an initial 4 |
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364 | 366 | | term of one year. 5 |
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365 | 367 | | Upon the expiration of the terms of the initial Committee members, each subsequent member 6 |
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366 | 368 | | shall be appointed for a term of three years. The term of a member shall begin on January 1 of 7 |
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367 | 369 | | each year. A member shall serve until the member's successor is appointed. No member shall 8 |
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368 | 370 | | serve on the Committee for more than two consecutive full terms. 9 |
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369 | 371 | | (b) Qualifications. – The initial music therapist appointees shall be citizens of the United 10 |
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370 | 372 | | States and North Carolina residents for at least two years prior to appointment, certified by the 11 |
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371 | 373 | | certifying entity as a music therapist, and eligible to obtain a North Carolina Healing Arts License 12 |
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372 | 374 | | in music therapy under G.S. 90-750.24. Upon appointment, each initial music therapist appointee 13 |
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373 | 375 | | shall immediately seek to obtain a North Carolina Healing Arts License in music therapy under 14 |
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374 | 376 | | this Article and shall remain in good standing with the Committee during the appointee's term. 15 |
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375 | 377 | | Subsequent music therapist appointees shall be citizens of the United States, residents of North 16 |
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376 | 378 | | Carolina, North Carolina Licensed Music Therapists, and appointed by the Commission from a 17 |
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377 | 379 | | list of names supplied by the Music Therapy Association of North Carolina or its successor. 18 |
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378 | 380 | | Public members of the Committee shall not be: 19 |
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379 | 381 | | (1) An agent or employee trained or experienced in the practice of music therapy. 20 |
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380 | 382 | | (2) An agent or employee of a person engaged in the practice of music therapy. 21 |
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381 | 383 | | (3) A member of a healing arts profession or a person enrolled in a program to 22 |
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382 | 384 | | become a member of a healing arts profession. 23 |
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383 | 385 | | (4) A spouse of an individual licensed under this Article. 24 |
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384 | 386 | | (5) Any person with significant financial interest in a health service or profession. 25 |
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385 | 387 | | (c) Meetings. – The Committee shall elect annually a chair and other officers as it deems 26 |
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386 | 388 | | necessary to carry out the purposes of this Article. The Committee may hold additional meetings 27 |
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387 | 389 | | upon the call of the chair or any two Committee members. A majority of the Committee shall 28 |
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388 | 390 | | constitute a quorum. 29 |
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389 | 391 | | (d) Compensation of Members; Expenses; Employees. – Members of the Committee 30 |
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390 | 392 | | shall receive no compensation for their services but shall receive per diem and necessary travel 31 |
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391 | 393 | | and subsistence expenses as provided in G.S. 138-5 and G.S. 138-6. In no event shall the State 32 |
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392 | 394 | | of North Carolina be liable for expenses incurred by the Committee in excess of the income 33 |
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393 | 395 | | derived from this Article. 34 |
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394 | 396 | | "§ 90-750.23. Powers and duties of Committee. 35 |
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395 | 397 | | The Committee shall have the following powers and duties: 36 |
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396 | 398 | | (1) Administer and coordinate the provisions of this Part. 37 |
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397 | 399 | | (2) Make recommendations to the Commission to adopt, amend, or repeal rules 38 |
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398 | 400 | | to administer and enforce this Part. 39 |
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399 | 401 | | (3) Establish and determine qualification and fitness of applicants for a North 40 |
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400 | 402 | | Carolina Healing Arts License in music therapy under this Part. 41 |
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401 | 403 | | (4) Make recommendations to the Commission to issue, renew, deny, suspend, 42 |
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402 | 404 | | revoke, or refuse to issue or renew a North Carolina Healing Arts License in 43 |
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403 | 405 | | music therapy under this Article. 44 |
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404 | 406 | | (5) Make recommendations to the Commission to discipline North Carolina 45 |
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405 | 407 | | Licensed Music Therapists. 46 |
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406 | 408 | | (6) Advise the Commission to seek civil and criminal penalties against 47 |
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407 | 409 | | nonlicensed individuals engaged in the practice of music therapy. 48 |
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408 | 410 | | (7) Provide all North Carolina Licensed Music Therapists with a wallet-sized card 49 |
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409 | 411 | | identifying the bearer as a North Carolina Licensed Music Therapist. 50 General Assembly Of North Carolina Session 2025 |
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411 | 413 | | (8) Maintain a list of all individuals in the State who hold a North Carolina 1 |
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412 | 414 | | Healing Arts License in music therapy. 2 |
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413 | 415 | | "§ 90-750.24. North Carolina Healing Arts License in music therapy requirements. 3 |
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414 | 416 | | Each individual desiring to obtain a North Carolina Healing Arts License in music therapy 4 |
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415 | 417 | | under this Article shall apply to the Committee in accordance with the procedures and rules 5 |
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416 | 418 | | prescribed by the Commission. The Committee shall recommend that the Commission issue a 6 |
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417 | 419 | | North Carolina Healing Arts License in music therapy to any applicant who furnishes evidence 7 |
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418 | 420 | | satisfactory to the Committee that the applicant meets all of the following criteria: 8 |
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419 | 421 | | (1) Is 18 years of age or older. 9 |
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420 | 422 | | (2) Is of good moral character as determined by the Committee. 10 |
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421 | 423 | | (3) Has successfully completed an academic program accredited by the American 11 |
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422 | 424 | | Music Therapy Association (AMTA) with at least a bachelor's degree 12 |
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423 | 425 | | majoring in music therapy from an accredited college or university. 13 |
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424 | 426 | | (4) Has successfully completed the certification examination offered by the 14 |
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425 | 427 | | certifying entity to become a Music Therapist-Board Certified (MT-BC). 15 |
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426 | 428 | | (5) Has successfully completed a minimum of 1,200 hours of clinical training 16 |
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427 | 429 | | with at least 180 hours in preinternship experiences and at least 900 hours in 17 |
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428 | 430 | | internship experiences. For purposes of this subdivision, the internship may 18 |
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429 | 431 | | be approved by an academic institution, the AMTA, or both. 19 |
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430 | 432 | | (6) Has paid all applicable fees to the Commission as specified under 20 |
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431 | 433 | | G.S. 90-750.5. 21 |
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432 | 434 | | "§ 90-750.25. License renewal. 22 |
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433 | 435 | | Every North Carolina Healing Arts License in music therapy issued by the Commission shall 23 |
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434 | 436 | | be renewed on or before January 1 every five years. The Committee shall recommend that the 24 |
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435 | 437 | | Commission renew the license of any individual who files a renewal application with the 25 |
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436 | 438 | | Committee and who meets the licensure criteria set forth in G.S. 90-750.24. 26 |
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437 | 439 | | "§ 90-750.26. Compensation for music therapy services; prohibited acts. 27 |
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438 | 440 | | Compensation may be received for music therapy services only when those services are 28 |
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439 | 441 | | performed by an individual holding a North Carolina Healing Arts License in music therapy. 29 |
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440 | 442 | | Nonlicensed individuals who provide music therapy services or who engage in the practice of 30 |
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441 | 443 | | music therapy are subject to the penalties in G.S. 90-750.6 or an injunction under G.S. 90-750.7. 31 |
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442 | 444 | | "§ 90-750.27. North Carolina Licensed Music Therapist. 32 |
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443 | 445 | | No individual shall use the title "North Carolina Licensed Music Therapist" unless that 33 |
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444 | 446 | | individual holds a valid North Carolina Healing Arts License in music therapy issued by the 34 |
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445 | 447 | | Commission. Individuals holding themselves out as North Carolina Licensed Music Therapists 35 |
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446 | 448 | | shall carry the identification card described in G.S. 90-750.23(7) at all times when providing 36 |
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447 | 449 | | music therapy. Individuals in violation of this section are subject to the penalties in G.S. 90-750.6 37 |
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448 | 450 | | or an injunction under G.S. 90-750.7. 38 |
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449 | 451 | | "§ 90-750.28. Reciprocity. 39 |
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450 | 452 | | The Committee may recommend that the Commission grant, upon application and payment 40 |
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451 | 453 | | of proper fees, a North Carolina Healing Arts License in music therapy to a person who has been 41 |
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452 | 454 | | licensed or certified to practice music therapy in another state or territory of the United States 42 |
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453 | 455 | | whose standards of competency are substantially equivalent to the requirements for licensure 43 |
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454 | 456 | | provided in this Article." 44 |
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455 | 457 | | SECTION 1.(b) G.S. 90-624 is amended by adding a new subdivision to read: 45 |
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456 | 458 | | "(9) A licensed reflexologist engaged in the practice of reflexology, as defined in 46 |
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457 | 459 | | G.S. 90-750.11." 47 |
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458 | 460 | | SECTION 2.(a) Notwithstanding G.S. 90-750.3, as enacted by Section 1(a) of this 48 |
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459 | 461 | | act, the North Carolina Healing Arts Commission shall be appointed as follows: 49 General Assembly Of North Carolina Session 2025 |
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