(1) An application for licensure as a massage therapist must be considered nonroutine in nature requiring board review and approval prior to issuance of the license if the application discloses:

(a) that the applicant has a prior felony conviction of any nature or a prior misdemeanor conviction relating to sex or violence;

(b) that the applicant has had two or more alcohol or drug related convictions within the last three years;

(c) that any professional license held by the applicant was disciplined or was voluntarily surrendered in another state or jurisdiction, or that the applicant's massage therapy license was denied in another state or jurisdiction;

(d) that the applicant's education program does not clearly meet the board's requirements;

(e) that the applicant passed a licensing examination other than MBLEx, NCETMB, NESL, or NCETM;

(f) that the applicant has been a respondent in a complaint for unlicensed practice of massage therapy that led to a cease and desist letter or an injunctive action; or

(g) any substantive irregularity deemed by department staff to warrant board review and approval prior to issuance of the license.

(2) Any disposition in a criminal case other than acquittal will be deemed a "conviction" for purposes of this rule without regard to the nature of the plea or whether the applicant received a suspended or deferred sentence.