State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-623

§ 90‑623.  Licenserequired.

(a)        A person shall notpractice or hold out himself or herself to others as a massage and bodyworktherapist without first applying for and receiving from the Board a license toengage in that practice.

(b)        A person holds outhimself or herself to others as a massage and bodywork therapist when theperson adopts or uses any title or description including "massagetherapist", "bodywork therapist", "masseur","masseuse", "massagist", "somatic practitioner","body therapist", "structural integrator", or anyderivation of those terms that implies this practice.

(c)        It shall beunlawful to advertise using the term "massage therapist" or"bodywork therapist" or any other term that implies a soft tissuetechnique or method in any public or private publication or communication by aperson not licensed under this Article as a massage and bodywork therapist. Anyperson who holds a license to practice as a massage and bodywork therapist inthis State may use the title "Licensed Massage and BodyworkTherapist". No other person shall assume this title or use an abbreviationor any other words, letters, signs, or figures to indicate that the personusing the title is a licensed massage and bodywork therapist. An establishmentemploying or contracting with persons licensed under this Article may advertiseon behalf of those persons.

(d)        The practice ofmassage and bodywork therapy shall not include any of the following:

(1)        The diagnosis ofillness or disease.

(2)        Medical procedures,chiropractic adjustive procedures, electrical stimulation, ultrasound, orprescription of medicines.

(3)        The use ofmodalities for which a license to practice medicine, chiropractic, nursing,physical therapy, occupational therapy, acupuncture, or podiatry is required bylaw.

(4)        Sexual activity,which shall mean any direct or indirect physical contact, by any person orbetween persons, which is intended to erotically stimulate either person, orwhich is likely to cause such stimulation and includes sexual intercourse, fellatio,cunnilingus, masturbation, or anal intercourse. As used in this subdivision,masturbation means the manipulation of any body tissue with the intent to causesexual arousal. Sexual activity can involve the use of any device or object andis not dependent on whether penetration, orgasm, or ejaculation has occurred.  (1998‑230, s. 10; 2008‑224,s. 3.)