Bill Summaries: H122 (2025-2026 Session)

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  • Summary date: Feb 13 2025 - View summary

    Enacts new Article 44, Healing Arts, in GS Chapter 90, providing as follows.

    Part 1 of the new Article establishes the North Carolina Healing Arts Act and sets out the act's purpose. Defines healing arts as the use of allopathic, complementary, or alternative approaches to the art and science of medicine for the prevention, identification, and treatment of human physical or mental conditions, diseases, ailments, illnesses, infirmities, pain, defects, or injuries and the promotion and restoration of health and wellness. Creates the five-member North Carolina Healing Arts Commission (Commission), with initial members to be appointed by the specified entities, for two-year or three-year terms, by December 1, 2025, with the initial terms to begin by January 1, 2026.  Requires the initial reflexology and music therapist appointees be NC residents for at least two years prior to appointment, each certified by a national entity that certifies reflexologists/music therapists, and eligible for licensure under GS 90-750.14 (reflexologists)/90-750.24 (music therapists), as enacted by the act.  Directs these appointees to seek a NC Healing Arts License in reflexology or music therapy as soon as the first application period begins and remain in good standing with the Commission.  Specifies that subsequent appointees serve three-year terms. 

    Sets out provisions for the inclusion of additional members for any healing arts professions created after January 1, 2026. Provides for the filling of vacancies and sets out membership requirements for subsequent appointees, including citizenship requirements, residency requirements, and the requirement to hold a North Carolina Healing Arts License in the individual's respective healing arts profession. Sets out additional restrictions on the public members of the Commission. Allows for the removal of Commission members. Requires Commission officers to be elected annually; sets out requirements for the meeting timing, for serving as chair, for adopting rules governing meetings, and for establishing a quorum. 

    Sets out the Commission's nine powers, including administering, coordinating, and enforcing the Article; conducting investigations to discover violations of the Article or grounds for disciplinary action; taking specified disciplinary actions when directed to do so by an advisory committee; and conducting administrative hearings necessary to administer the Article, including disciplinary hearings. Sets out provisions governing fees payable to the Commission. Requires the Commission to establish fees of up to $300 for the issuance of a North Carolina Healing Arts License, $200 for the license application and exam, $350 for the renewal of the license every year, and $200 for late renewal.

    Makes the first violation of the Article punishable by a written warning, a second violation punishable by a civil penalty of no more than $200, and third and subsequent violations subject to a civil penalty of no more than $200 per violation and a Class 1 misdemeanor. Allows the Commission to proceed in superior court to enjoin and restrain any person from violating the Article. Makes the violations and injunctive provisions of the Article effective on the date that is the first day of a month that begins 180 days after the Chair of the Healing Arts Commission certifies to the Revisor of Statutes that the Commission has begun accepting applications for Healing Arts Licenses and apply to acts committed on or after that date.

    Specifies that the healing arts professions subject to the Article are reflexologists and music therapists.  Clarifies that nothing in the Article should be construed to require direct third-party reimbursement to persons licensed under the Article. 

    Part 2 of the new Article makes it State policy to consider reflexology as a healing arts profession. Defines reflexology as a protocol of manual techniques, including specified practices, 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; specifies that reflexology is not massage and bodywork therapy. Defines a North Carolina Licensed Reflexologist as an individual that (1) is certified by the certifying entity as a certified reflexologist and (2) has been issued a North Carolina Healing Arts License in reflexology by the Commission. 

    Establishes the three-member North Carolina Reflexology Advisory Committee (Reflexology Committee). Sets out membership requirements and provides for the appointment of initial members by January 1, 2026, with initial members serving 1-3 years. Subsequent membership terms are for three years, with no member serving for more than two consecutive full terms. Sets out membership qualifications including citizenship requirements, residency requirements, certification as a reflexologist, and being eligible to obtain a healing arts license in reflexology (with the requirement that appointees immediately seek to obtain the license). Sets out additional restrictions on the public members. Provides for the election of a chair and other officers, holding meetings, and establishing a quorum. 

    Sets out the Reflexology Committee's eight powers and duties, including establishing and determining qualification and fitness of applicants for a North Carolina Healing Arts License in reflexology; making recommendations to the Commission to issue, renew, deny, suspend, revoke, or refuse to issue or renew a North Carolina Healing Arts License in reflexology; and making recommendations to the Commission regarding the discipline of North Carolina Licensed Reflexologists. Sets out requirements for applying for a North Carolina Healing Arts License in reflexology, which must be renewed annually. Allows compensation for reflexology services to be received only when those services are performed by an individual holding an NC Healing Arts License in reflexology. Subjects non-licensed individuals providing reflexology services or engaging in the practice of reflexology to penalties or an injunction, unless: (1) the individual is a reflexology student working to obtain a certification of completion from a nationally recognized reflexology education program or (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 before receiving compensation for services. Provides that unless all reflexology services are performed by individuals holding a national certification, a place of business where reflexology services are offered for compensation is subject to a civil penalty of no more than $500 per violation and a suspension of any license to operate the business for no more than 90 days. Requires businesses to display a valid and up-to-date NC Healing Arts License. Sets out information that must be included in advertisements. Provides for reciprocity for individuals licensed or certified to practice reflexology in another state or territory.  Provides that this Part does not apply to pressure to the reflex areas on the hands, feet, and outer ears in the regular course of the individual's work, so long as the specified requirements are met. 

    Part 3 of the new Article makes it State policy to consider music therapy as a healing arts profession. Defines music therapy as the clinical and evidence-based use of music interventions to accomplish individualized goals within a therapeutic relationship by a credentialed professional who has completed an approved music therapy program, including the specified assessments, development and implementation of treatment plans that use specified music interventions, and evaluation and documentation of the client's response to treatment. Defines music therapy services as the provision of services to accomplish music therapy goals, including (1) conducting an individualized assessment for the purpose of collecting systematic, comprehensive, and accurate data necessary to determine the course of action subsequent to the individualized treatment plan; (2) planning and developing the individualized music therapy treatment plan that identifies an individual's goals, objectives, and potential treatment intervention strategies; (3) implementing the individualized music therapy treatment plan consistent with the individual's overall treatment program; (4) systematically evaluating and comparing the individual's response to the individualized music therapy treatment plan and suggesting modifications, as appropriate; (5) developing a discharge plan in collaboration with the individual, the individual's family, treatment team, and other identified support networks, when appropriate; (6) minimizing the impact of environmental constraints as a barrier to participation in least-restrictive environments for individuals engaging in music therapy; (7) collaborating with and educating the individual, family, caregiver, and others to foster an environment responsive to the developmental needs of the individual as addressed in music therapy; or (8) consulting with groups, programs, organizations, or communities to improve accessibility to music therapy services.

    Establishes the three-member North Carolina Music Therapy Advisory Committee (Music Therapy Committee). Sets out membership requirements and provides for the appointment of initial members by January 1, 2026, with initial members serving 1-3 years. Subsequent membership terms are for three years, with no member serving for more than two consecutive full terms. Sets out membership qualifications including citizenship requirements, residency requirements, certification as a music therapist, and being eligible to obtain a healing arts certification in music therapy (with the requirement that appointees immediately seek to obtain the license). Sets out additional restrictions on the public members. Provides for the election of a chair and other officers, holding meetings, and establishing a quorum. 

    Sets out the Music Therapy Committee's eight powers and duties, including establishing and determining qualification and fitness of applicants for a North Carolina Healing Arts License in music therapy; recommending that the Commission issue, renew, deny, suspend, revoke, or refuse to issue or renew North Carolina Healing Arts Licenses in music therapy; and making recommendations to the the Commission regarding the discipline of a North Carolina Licensed Music Therapist. Sets out requirements for applying for a North Carolina Healing Arts License in music therapy, which must be renewed after five years, including completing the specified academic requirements, completing the specified exam, and completing the specified number of clinical training hours. Allows compensation for music therapy services to be received only when those services are performed by an individual holding an NC Healing Arts License in music therapy. Subjects non-licensed individuals providing music therapy services or engaging in the practice of music therapy to penalties or an injunction. Provides for reciprocity for individuals licensed or certified to practice music therapy in another state or territory. 

    Amends GS 90-624 (activities not requiring a license to practice) in Article 36 (massage and bodywork therapy practice) which states nothing in Article 36 may be used to prohibit or affect a list of specified activities, by adding new subdivision (9) listing a licensed reflexologist engaged in the practice of reflexology as defined in GS 90-730.11.

    Effective January 1, 2026.