North Carolina § 90-634 - Enforcement; injunctive relief.

§ 90-634. Enforcement; injunctive relief.

It is unlawful for a person not licensed or exempted under this Article to engage in any of the following: Practice of massage and bodywork therapy. Advertise, represent, or hold out himself or herself to others to be a massage and bodywork therapist. Use any title descriptive of any branch of massage and bodywork therapy, as provided in G.S. 90-623, to describe his or her practice. A person who violates subsection (a) of this section shall be guilty of a Class 1 misdemeanor. Unless exempt from the approval process, it is unlawful for an individual, association, partnership, corporation, or other entity to open, operate, or advertise a massage and bodywork therapy school without first having obtained the approval required by G.S. 90-631.1. An individual, association, partnership, corporation, or other entity that violates subsection (b1) of this section shall be guilty of a Class 3 misdemeanor. It is unlawful for a person, individual, association, partnership, corporation, or other entity to do any of the following: Employ, hire, engage, or otherwise contract with a person who is not licensed or exempted under this Article to provide massage and bodywork therapy services to the public. Aid and abet any person not licensed or exempted under this Article in the practice of massage and bodywork therapy. Advertise, represent, or hold out any person not licensed or exempted under this Article to others as a massage and bodywork therapist. Describe the practice of any person not licensed or exempted under this Article or use any title descriptive of any branch of massage and bodywork therapy to reference any such person in violation of G.S. 90-623. A person who violates subsection (b3) of this section shall be guilty of a Class 1 misdemeanor. The Board may make application to superior court for an order enjoining a violation of this Article. Upon a showing by the Board that a person, association, partnership, corporation, or other entity has violated or is about to violate this Article, the court may grant an injunction, restraining order, or take other appropriate action. History (1998-230, s. 10; 2008-224, s. 18; 2009-570, s. 12; 2017-151, s. 3( l ).) Editor's Note. - Session Laws 2017-151, s. 6 makes subsections (b3) and (b4) as added by Session Laws 2017-151, s. 3( l ), effective December 1, 2017, and applicable to offenses committed on or after that date. Effect of Amendments. - Session Laws 2009-570, s. 12, effective August 28, 2009, substituted "G.S. 90-631.1" for "G.S. 90-637.1" at the end of subsection (b1). Session Laws 2017-151, s. 3( l ), added subsections (b3) and (b4). For effective date and applicability, see editor's note.