North Carolina § 90-626 - Powers and duties.

§ 90-626. Powers and duties.

The Board shall have the following powers and duties: Represent the diversity within the profession at all times when making decisions and stay current and informed regarding the various branches of massage and bodywork therapy practice. Evaluate the qualifications of applicants for licensure under this Article. Issue, renew, deny, suspend, or revoke licenses under this Article. Reprimand or otherwise discipline licensees under this Article. Conduct investigations to determine whether violations of this Article exist or constitute grounds for disciplinary action against licensees under this Article. Approve and regulate massage and bodywork schools, not otherwise exempt from the requirements of Board approval, by formulating the criteria and standards for approval of massage and bodywork schools, investigating massage and bodywork schools applying for approval, issuing approvals to massage and bodywork schools that meet the standards established by the Board, providing periodic inspections of approved massage and bodywork schools, and requiring periodic reports of approved massage and bodywork schools. Conduct administrative hearings in accordance with Chapter 150B of the General Statutes when a contested case, as defined in G.S. 150B-2(2), arises under this Article. Employ professional, clerical, or other special personnel necessary to carry out the provisions of this Article and purchase or rent necessary office space, equipment, and supplies. Pursuant to the maximum amounts set by this Article and other specific authority authorizing fees, establish reasonable fees for applications for examination, certificates of licensure and renewal, approval of massage and bodywork therapy schools, and other services provided by the Board. Adopt, amend, or repeal any of the following rules: Rules necessary to carry out the purposes of this Article. Rules necessary to carry out the duties and responsibilities of the Board, including the following: Rules related to the approval of massage and bodywork therapy schools, continuing education providers, examinations for licensure, and the practice of advanced techniques or specialties. Any rules adopted or amended shall take into account the educational standards of national bodywork and massage therapy associations and professional organizations. Rules related to massage and bodywork therapy establishments. Appoint from its own membership one or more members to act as representatives of the Board at any meeting where such representation is deemed desirable. Maintain a record of all proceedings and make available to certificate holders and other concerned parties an annual report of the Board. Adopt a seal containing the name of the Board for use on all certificates and official reports issued by it. Provide a system for grievances to be presented and resolved. Assess civil penalties pursuant to G.S. 90-634.1. Assess the costs of disciplinary actions pursuant to G.S. 90-634.1(d). The powers and duties set out in this section are granted for the purpose of enabling the Board to safeguard the public health, safety, and welfare against unqualified or incompetent practitioners and are to be liberally construed to accomplish this objective. History (1998-230, s. 10; 2003-348, s. 3; 2008-224, ss. 6, 7; 2017-151, s. 3(e).) Effect of Amendments. - Session Laws 2017-151, s. 3(e), effective October 1, 2017, rewrote subdivision (9). Opinions of Attorney General Board of Massage and Bodywork Therapy Can Charge Reasonable Fee. - The Board of Massage and Bodywork Therapy can charge a reasonable fee for its auditing and approval of massage and bodywork therapy schools. See opinion of Attorney General to Charles P. Wilkins, Counsel, North Carolina Board of Massage and Bodywork Therapy, 2000 N.C. AG LEXIS 7 (6/14/2000).