H.B. 557
GENERAL ASSEMBLY OF NORTH CAROLINA
Apr 3, 2023
SESSION 2023 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH10278-NBf-112A
Short Title: North Carolina Healing Arts Commission. (Public)
Sponsors: Representative Warren.
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO ESTABLISH THE NORTH CAROLINA HEALING ARTS COMMISSION AND
3 TO CREATE LICENSURE PROCESSES FOR REFLEXOLOGISTS, NATUROPATHIC
4 DOCTORS, AND MUSIC THERAPISTS.
5 The General Assembly of North Carolina enacts:
6 SECTION 1.(a) Chapter 90 of the General Statutes is amended by adding a new
7 Article to read:
8 "Article 44.
9 "Healing Arts.
10 "Part 1. North Carolina Healing Arts Commission.
11 "§ 90-730.1. Title and purpose.
12 (a) This Article shall be known and may be cited as the "North Carolina Healing Arts
13 Act."
14 (b) The North Carolina Healing Arts Act is established to safeguard the public health,
15 safety, and welfare; to protect the public from being harmed by unqualified persons; to assure
16 the highest degree of professional services and conduct on the part of practitioners of the healing
17 arts; to provide for the establishment of licensure requirements; and to ensure the availability of
18 healing arts services of high quality to persons in need of such services.
19 "§ 90-730.2. Definitions.
20 The following definitions apply in this Article:
21 (1) Advisory committee. – A committee charged with supervising the day-to-day
22 regulation of a healing arts profession. Advisory committees shall screen
23 applicants for licensure and conduct all investigations necessary to give
24 directions to the Commission.
25 (2) Commission. – The North Carolina Healing Arts Commission, as established
26 pursuant to G.S. 90-730.3.
27 (3) Healing arts. – The use of allopathic, complementary, or alternative
28 approaches to the art and science of medicine for the prevention, diagnosis,
29 and treatment of human physical or mental conditions, diseases, ailments,
30 illnesses, infirmities, pain, defects, or injuries and the promotion and
31 restoration of health and wellness.
32 (4) Healing arts profession. – Any of the professions listed in G.S. 90-730.8.
33 (5) North Carolina Healing Arts License. – A license in a healing arts profession
34 issued pursuant to this Article.
35 "§ 90-730.3. North Carolina Healing Arts Commission; composition; terms; compensation.
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 General Assembly Of North Carolina Session 2023
1 (a) The North Carolina Healing Arts Commission is hereby created. The Commission
2 shall consist of the following members: three members of the public and two members of each
3 healing arts profession. The initial Commission members shall be appointed on or before January
4 1, 2024, as follows:
5 (1) The General Assembly, upon the recommendation of the President Pro
6 Tempore of the Senate, shall appoint one reflexologist to serve an initial term
7 of three years.
8 (2) The General Assembly, upon the recommendation of the Speaker of the House
9 of Representatives, shall appoint one music therapist to serve an initial term
10 of two years.
11 (3) The General Assembly, upon the recommendation of the Speaker of the House
12 of Representatives, shall appoint one naturopathic doctor to serve an initial
13 term of two years.
14 (4) The Governor shall appoint one reflexologist to serve an initial term of two
15 years.
16 (5) The Governor shall appoint one music therapist to serve an initial term of three
17 years.
18 (6) The Governor shall appoint one naturopathic doctor who shall serve an initial
19 term of one year.
20 (7) The Governor shall appoint one member of the public who shall serve an
21 initial term of three years.
22 (b) Once the initial terms described in subsection (a) of this section expire, the appointing
23 authorities shall appoint members to the Commission for terms of three years. Any healing arts
24 professions created after January 1, 2024, shall have two members on the Commission, both of
25 whom shall serve three-year terms. One of these members shall be appointed by the Governor.
26 The second member shall be appointed by the General Assembly. The Speaker of the House of
27 Representatives shall make a recommendation to be approved by the General Assembly for the
28 first term, and the President Pro Tempore of the Senate shall make a recommendation to be
29 approved by the General Assembly for the second term. The Speaker of the House of
30 Representatives and the President Pro Tempore of the Senate shall thereafter alternate
31 recommendations for subsequent terms. After the expiration of the initial term of the member of
32 the public appointed by the General Assembly, the Speaker of the House of Representatives and
33 the President Pro Tempore of the Senate shall thereafter alternate recommendations for
34 subsequent terms of the member of the public.
35 (c) Any vacancies on the Commission shall be filled by the appointing authority initially
36 filling that position, except that any vacancy in appointments by the General Assembly shall be
37 filled in accordance with G.S. 120-122. Individuals appointed to fill vacancies shall serve until
38 the normal expiration of the term they were appointed to fill.
39 (d) Members of the Commission shall be citizens of the United States, residents of the
40 State of North Carolina, and hold a North Carolina Healing Arts License in their respective
41 healing arts profession under this Article. The initial reflexologist appointee shall have been a
42 North Carolina resident for at least two years prior to appointment, certified by a national entity
43 that certifies reflexologists, and eligible for licensure under G.S. 90-730.14. Upon appointment,
44 the reflexologist appointee must immediately seek to obtain a North Carolina Healing Arts
45 License in reflexology under this Article and shall remain in good standing with the Commission
46 during the appointee's term. The initial music therapist appointee shall have been a North
47 Carolina resident for at least two years prior to appointment, certified by a national entity that
48 certifies music therapists, and eligible for licensure under G.S. 90-730.24. Upon appointment,
49 the initial music therapist appointee must immediately seek to obtain a North Carolina Healing
50 Arts License in music therapy under this Article and shall remain in good standing with the
51 Commission during the appointee's term. Initial appointees for healing arts professions created
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1 after January 1, 2024, shall be North Carolina residents for at least two years prior to
2 appointment, certified by a national entity that certifies the appointee's healing arts profession,
3 eligible for licensure under this Article, immediately seek to obtain a North Carolina Healing
4 Arts License in their respective profession under this Article, and remain in good standing for
5 the duration of their terms. Public members of the Committee shall not be:
6 (1) An agent or employee trained or experienced in the practice of healing arts.
7 (2) An agent or employee of a person engaged in the practice of healing arts.
8 (3) A spouse of an individual licensed pursuant to this Article.
9 (4) Any person with significant financial interest in a health service or profession.
10 (e) The Commission may remove any of its members for neglect of duty, incompetence,
11 or unprofessional conduct. A member subject to disciplinary proceedings as a licensed healing
12 arts professional shall be disqualified from participating in the official business of the
13 Commission until the charges have been resolved.
14 (f) Any member of the Commission may be removed from office by the Governor for
15 good cause shown.
16 (g) A Commission member may not receive compensation but may receive
17 reimbursement as provided in G.S. 93B-5. The officers of the Commission shall include a chair,
18 a secretary, and any other officers deemed necessary by the Commission to carry out the purposes
19 of this Article. All officers shall be elected annually by the Commission at its first meeting held
20 after appointments to the Commission are made. The Commission shall hold a meeting within
21 45 days after the appointment of new Commission members. All officers shall serve one-year
22 terms and shall serve until their successors are elected and qualified. No person shall chair the
23 Commission for more than five consecutive years. The Commission may adopt rules governing
24 the calling, holding, and conducting of regular and special meetings. A majority of Commission
25 members present and voting constitutes a quorum, and no action may be taken without a quorum.
26 "§ 90-730.4. Powers of the Commission.
27 (a) The Commission shall administer and enforce the provisions of this Article.
28 (b) The Commission shall have the power to adopt, amend, or repeal rules necessary to
29 conduct its business, carry out its duties, and administer this Article.
30 (c) The Commission shall appoint and maintain advisory committees to fulfill the daily
31 regulation of healing arts professions.
32 (d) When directed by an advisory committee to do so, the Commission shall issue a North
33 Carolina Healing Arts License to practice the healing art governed by the advisory committee
34 directing the issuance of the North Carolina Healing Arts License.
35 (e) When directed by an advisory committee to do so, the Commission shall deny,
36 suspend, or revoke North Carolina Healing Arts Licenses; order probation; issue reprimands; or
37 conduct any disciplinary actions authorized by this Article.
38 (f) The Commission may authorize expenditures deemed necessary to carry out the
39 provisions of this Article from fees paid to the Commission pursuant to this Article.
40 (g) The Commission shall remit to advisory committees funds sufficient for those
41 advisory committees to carry out their duties.
42 (h) The Commission shall conduct any administrative hearings necessary for the
43 administration of this Article, including disciplinary hearings to enforce the provisions of this
44 Article.
45 (i) The Commission shall establish fees as necessary for the administration of this
46 Article.
47 "§ 90-730.5. Expenses and fees.
48 (a) All fees shall be payable to and deposited in the name of the Commission in financial
49 institutions designated by the Commission as official depositories. These fees shall be used to
50 carry out the purposes of this Article.
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1 (b) All salaries, compensation, and expenses incurred or allowed to carry out the purposes
2 of this Article shall be paid by the Commission exclusively out of the fees received by the
3 Commission as authorized by this Article or funds received from other sources. In no case shall
4 any salary, expense, or other obligation authorized by this Article be charged against the State
5 treasury.
6 (c) The Commission shall establish fees for healing arts professions not exceeding the
7 following amounts:
8 (1) Issuance of a North Carolina Healing Arts License ........................... $300.00
9 (2) North Carolina Healing Arts License renewal (annually).................. $350.00
10 (3) Late renewal ....................................................................................... $200.00.
11 "§ 90-730.6. Violations.
12 (a) Any person violating any provision of this Article shall be punished as follows:
13 (1) For the first violation, the individual shall receive a written warning.
14 (2) For the second violation, the individual shall be subject to a civil penalty of
15 no more than two hundred dollars ($200.00).
16 (3) For the third and each subsequent violation, the individual shall be subject to
17 civil penalty of no more than two hundred dollars ($200.00) for each violation
18 and shall be guilty of a Class 1 misdemeanor.
19 (b) The clear proceeds of the civil penalty assessed under this section shall be remitted to
20 the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2.
21 "§ 90-730.7. Injunction.
22 As an additional remedy, the Commission may proceed in superior court to enjoin and
23 restrain any person from violating the prohibitions of this Article. The Commission shall not be
24 required to post bond when seeking an injunction pursuant to this section.
25 "§ 90-730.8. Healing arts professions.
26 The following are the healing arts professions subject to this Article:
27 (1) Reflexologists.
28 (2) Music therapists.
29 (3) Naturopathic physicians.
30 "Part 2. Reflexology.
31 "§ 90-730.10. Reflexology as a healing arts profession.
32 It is the policy of this State that the practice of reflexology shall be considered a healing arts
33 profession.
34 "§ 90-730.11. Definitions.
35 The following definitions apply in this Part:
36 (1) Certifying entity. – The American Reflexology Certification Board or its
37 successor.
38 (2) Committee. – The North Carolina Reflexology Advisory Committee.
39 (3) National certification. – A determination by the certifying entity that an
40 individual has passed the certifying entity's national exam and that the
41 individual has an active status with the certifying entity.
42 (4) North Carolina Licensed Reflexologist. – An individual that (i) is certified by
43 the certifying entity as a certified reflexologist and (ii) has been issued a North
44 Carolina Healing Arts License in reflexology by the Commission.
45 (5) Reflexology. – A protocol of manual techniques, including thumb- and
46 finger-walking, hook and backup, and rotating-on-a-point, that are applied to
47 specific reflex areas predominantly on the feet and hands and that stimulate
48 the complex neural pathways linking body systems and support the body's
49 efforts to function optimally. The practice of reflexology is not massage and
50 bodywork therapy as defined in Article 36 of this Chapter.
51 "§ 90-730.12. North Carolina Reflexology Advisory Committee.
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1 (a) Establishment. – The North Carolina Reflexology Advisory Committee is created.
2 The Committee consists of three members serving staggered terms. The initial Committee
3 members shall be appointed on or before January 1, 2024, as follows:
4 (1) The Commission shall appoint from a list of names submitted by the North
5 Carolina Reflexology Association or its successor two reflexologists eligible
6 for licensure under this Article. One member shall serve an initial term of three
7 years, and one member shall serve an initial term of two years.
8 (2) The Commission shall appoint one public member who shall serve an initial
9 term of one year.
10 Upon the expiration of the terms of the initial Committee members, each subsequent member
11 shall be appointed for a term of three years. The term of a member shall begin on January 1 of
12 each year. A member shall serve until the member's successor is appointed. No member shall
13 serve on the Committee for more than two consecutive terms.
14 (b) Qualifications. – The initial reflexologist appointees shall be citizens of the United
15 States and North Carolina residents for at least two years prior to appointment, certified by the
16 certifying entity as a reflexologist, and eligible to obtain a North Carolina Healing Arts License
17 in reflexology under G.S. 90-730.14. Upon appointment, each initial reflexologist appointee
18