Bill Summary – FastDemocracy

H.B. 434
                          GENERAL ASSEMBLY OF NORTH CAROLINA
                                                                                             Mar 29, 2021
                                      SESSION 2021                                     HOUSE PRINCIPAL CLERK
     H                                                                                                D
                                   HOUSE BILL DRH10195-NB-99A
     Short Title:   Reflexology Regulation Act.                                                 (Public)
     Sponsors:      Representative Warren.
     Referred to:
                                    A BILL TO BE ENTITLED
 AN ACT TO PROMOTE PUBLIC SAFETY THROUGH THE REGULATION OF
     REFLEXOLOGY.
 The General Assembly of North Carolina enacts:
            SECTION 1. Chapter 90 of the General Statutes is amended by adding a new Article
 to read:
                                             "Article 43.
                                            "Reflexology.
 "§ 90-726. Definitions.
     The following definitions apply in this Article:
            (1)     Certification. – A determination by the certifying entity that an individual has
                    passed the certifying entity's national exam and that the individual has an
                    active status with the certifying entity.
            (2)     Certified reflexologist. – An individual that has achieved national certification
                    in reflexology, as determined by the certifying entity.
            (3)     Certifying entity. – The American Reflexology Certification Board, or its
                    successor.
            (4)     Reflexology. – A protocol of manual techniques, including thumb- and
                    finger-walking, hook and backup and rotating-on-a-point, that are applied to
                    specific reflex areas predominantly on the feet and hands and that stimulate
                    the complex neural pathways linking body systems and support the body's
                    efforts to function optimally.
 "§ 90-726.1. Compensation for reflexology services.
     Compensation may be received for reflexology services only when those services are
 performed by a certified reflexologist unless any of the following applies:
            (1)     The individual is a reflexology student working to obtain a certification of
                    completion from a nationally recognized reflexology education program.
            (2)     The individual holds a certification of completion from a nationally
                    recognized reflexology education program, and that program was completed
                    no more than six months prior to that individual receiving compensation for
                    reflexology services.
 "§ 90-726.2. Certificate to be displayed.
     (a)    At all places of business in which compensated reflexology services are offered, a
 valid and up-to-date certificate issued by the certifying entity for all individuals offering
 compensated reflexology services shall be displayed in a prominent place.
                                   *DRH10195-NB-99A*
     General Assembly Of North Carolina                                                     Session 2021
      (b)    If a certified reflexologist performs reflexology services for compensation at a
 location outside of the certified reflexologist's main place of business, the certified reflexologist
 shall have on his or her person a valid, up-to-date certification card issued by the certifying entity
 at the time the services are performed.
 "§ 90-726.3. Advertising for reflexology services.
      All public advertising designed to attract clients for reflexology services shall identify that
 the services will be performed by a certified reflexologist and shall include the name of the
 certifying entity.
 "§ 90-726.4. Exemptions.
      This Article shall not apply to an individual who may apply pressure to the reflex areas on
 the hands, feet, and outer ears in the regular course of that individual's work, so long as (i) the
 individual is licensed by this State as a massage therapist, physician, chiropractor, acupuncturist,
 physical therapist, cosmetologist, registered nurse, or as a member of other professions licensed
 by the State and (ii) this application of pressure to the reflex areas on the hands, feet, and outer
 ears accounts for no more than twenty-five percent (25%) of that individual's work.
 "§ 90-726.5. Enforcement.
      (a)    Any individual in violation of any provision of this Article shall be subject to a civil
 penalty of no more than five hundred dollars ($500.00) for each violation. The clear proceeds of
 the civil penalty assessed under this section shall be remitted to the Civil Penalty and Forfeiture
 Fund in accordance with G.S. 115C-457.2.
      (b)    A place of business in violation of any provision of this Article shall be subject to the
 following:
             (1)     A civil penalty of no more than five hundred dollars ($500.00) for each
                     violation. The clear proceeds of the civil penalty assessed under this section
                     shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with
                     G.S. 115C-457.2.
             (2)     A suspension of any license to operate the business for no more than 90 days."
             SECTION 2. G.S. 90-624 is amended by adding a new subdivision to read:
             "(9) A certified reflexologist engaged in the practice of reflexology, as defined in
                     G.S. 90-726."
             SECTION 3. This act becomes effective January 1, 2023.
     Page 2                                                                         DRH10195-NB-99A
Statutes affected: 
Filed: 90-624
Edition 1: 90-624
Edition 2: 90-624