North Carolina General Statutes 90-634. Enforcement; injunctive relief
(a) It is unlawful for a person not licensed or exempted under this Article to engage in any of the following:
(1) Practice of massage and bodywork therapy.
Attorney's Note
Under the N.C. Gen. Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 1 misdemeanor | up to 120 days | |
| Class 3 misdemeanor | up to 20 days | up to $200 |
Terms Used In North Carolina General Statutes 90-634
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
(2) Advertise, represent, or hold out himself or herself to others to be a massage and bodywork therapist.
(3) Use any title descriptive of any branch of massage and bodywork therapy, as provided in N.C. Gen. Stat. § 90-623, to describe his or her practice.
(b) A person who violates subsection (a) of this section shall be guilty of a Class 1 misdemeanor.
(b1) 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 N.C. Gen. Stat. § 90-631.1
(b2) An individual, association, partnership, corporation, or other entity that violates subsection (b1) of this section shall be guilty of a Class 3 misdemeanor.
(b3) It is unlawful for a person, individual, association, partnership, corporation, or other entity to do any of the following:
(1) 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.
(2) Aid and abet any person not licensed or exempted under this Article in the practice of massage and bodywork therapy.
(3) Advertise, represent, or hold out any person not licensed or exempted under this Article to others as a massage and bodywork therapist.
(4) 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 N.C. Gen. Stat. § 90-623
(b4) A person who violates subsection (b3) of this section shall be guilty of a Class 1 misdemeanor.
(c) 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. (1998-230, s. 10; 2008-224, s. 18; 2009-570, s. 12; 2017-151, s. 3(l).)