Date of enactment: April 21, 1998
1997 Senate Bill 262 Date of publication*: May 5, 1998
* Section 991.11, Wisconsin Statutes 1995-96: Effective date of acts. "Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication as designated" by the secretary of state [the date of publication may not be more than 10 working days after the date of enactment].
1997 WISCONSIN ACT 156
An Act to renumber 180.1901 (1m) (a); to amend 50.01 (2), 103.10 (1) (e), 146.40 (1) (d), 146.81 (1) (i) and (j), 252.10 (7), 252.15 (1) (ar) 1., 440.042 (1), 895.48 (1m) (intro.), 895.48 (1m) (b) and 908.03 (6m) (a); and to create 146.81 (1) (hp), 180.1901 (1m) (ag), 440.08 (2) (a) 67q. and subchapter X of chapter 440 [precedes 440.97] of the statutes; relating to: registration of massage therapists and bodyworkers, granting rule-making authority and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
156,1 Section 1. 50.01 (2) of the statutes is amended to read:
50.01 (2) "Nurse's assistant" means a person who performs routine patient care duties delegated by a registered nurse or licensed practical nurse who supervises the person, for the direct health care of a patient or resident. "Nurse's assistant" does not mean a person who is licensed, permitted, certified or registered under subch. X of ch. 440 or ch. 441, 448, 449, 450, 451, 455 or 459 or a person whose duties primarily involve skills that are different than those taught in instructional programs for nurse's assistants.
156,2 Section 2. 103.10 (1) (e) of the statutes is amended to read:
103.10 (1) (e) "Health care provider" means a person described under s. 146.81 (1), but does not include a person described under s. 146.81 (1) (hp).
156,3 Section 3. 146.40 (1) (d) of the statutes is amended to read:
146.40 (1) (d) "Nurse's assistant" means an individual who performs routine patient care duties delegated by a registered nurse or licensed practical nurse who supervises the individual, for the direct health care of a patient or resident. "Nurse's assistant" does not mean an individual who is licensed, permitted, certified or registered under subch. X of ch. 440 or ch. 441, 448, 449, 450, 451, 455 or 459 or an individual whose duties primarily involve skills that are different than those taught in instructional and competency evaluation programs for nurse's assistants certified under sub. (3) or evaluated by competency evaluation programs for nurse's assistants approved under sub. (3m).
156,4 Section 4. 146.81 (1) (hp) of the statutes is created to read:
146.81 (1) (hp) A massage therapist or bodyworker issued a license of registration under subch. X of ch. 440.
156,5 Section 5. 146.81 (1) (i) and (j) of the statutes are amended to read:
146.81 (1) (i) A partnership of any providers specified under pars. (a) to (hm) (hp).
(j) A corporation or limited liability company of any providers specified under pars. (a) to (hm) (hp) that provides health care services.
156,6 Section 6. 180.1901 (1m) (a) of the statutes is renumbered 180.1901 (1m) (ar).
156,7 Section 7. 180.1901 (1m) (ag) of the statutes is created to read:
180.1901 (1m) (ag) The department of regulation and licensing under subch. X of ch. 440.
156,8 Section 8. 252.10 (7) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:
252.10 (7) Drugs necessary for the treatment of mycobacterium tuberculosis shall be purchased by the department from the appropriation under s. 20.435 (5) (e) and dispensed to patients through the public health dispensaries or through health care providers, as defined in s. 146.81 (1), other than massage therapists or bodyworkers issued a license of registration under subch. X of ch. 440, social workers, marriage and family therapists or professional counselors certified under ch. 457, speech-language pathologists or audiologists licensed under subch. II of ch. 459, speech and language pathologists licensed by the department of public instruction or, on or after July 1, 1995, and no later than June 30, 1999, dietitians certified under subch. IV of ch. 448.
156,9 Section 9. 252.15 (1) (ar) 1. of the statutes is amended to read:
252.15 (1) (ar) 1. A person or entity that is specified in s. 146.81 (1), but does not include a massage therapist or bodyworker issued a license of registration under subch. X of ch. 440.
156,10 Section 10. 440.042 (1) of the statutes is amended to read:
440.042 (1) The secretary may appoint persons or advisory committees to advise the department and the boards, examining boards and affiliated credentialing boards in the department on matters relating to the regulation of credential holders. The secretary shall appoint an advisory committee to advise the department on matters relating to carrying out the duties specified in s. 440.972 and making investigations, conducting hearings and taking disciplinary action under s. 440.976. A person or an advisory committee member appointed under this subsection shall serve without compensation, but may be reimbursed for his or her actual and necessary expenses incurred in the performance of his or her duties.
156,11 Section 11. 440.08 (2) (a) 67q. of the statutes is created to read:
440.08 (2) (a) 67q. Registered massage therapist or bodyworker: March 1 of each odd-numbered year; $41.
156,12 Section 12. Subchapter X of chapter 440 [precedes 440.97] of the statutes is created to read:
Chapter 440
Subchapter X
Registry of massage therapists
and bodyworkers
440.97 Definitions. In this subchapter:
(2) "Manual action" includes holding, positioning, rocking, kneading, compressing, decompressing, gliding or percussing the soft tissue of the human body and applying friction to soft tissue.
(3) "Massage therapist or bodyworker" means a person who engages in massage therapy or bodywork.
(4) "Massage therapy or bodywork":
(a) Means the science and healing art that uses manual actions to palpate and manipulate the soft tissue of the human body and includes determining whether massage therapy or bodywork is appropriate or contraindicated, or whether a referral to another health care practitioner is appropriate.
(b) Does not include any of the following:
1. Making a medical diagnosis.
2. Instructing in or prescribing rehabilitative strengthening or conditioning exercises that are within the practice of physical therapy, as defined in s. 448.50 (4).
(5) "Registrant" means a person who is issued a license of registration under this subchapter.
440.9705 Applicability. This subchapter does not apply to a person holding a license, permit, registration or certification granted by this state or the federal government who engages in the practice of massage therapy or bodywork within the scope of his or her license, permit, registration or certification and who does not use any title or description that implies that he or she is registered under this subchapter or represent himself or herself to be registered under this subchapter.
440.971 Use of title. (1) No person may use the title "Wisconsin registered massage therapist and bodyworker", "Wisconsin registered massage therapist", "Wisconsin registered bodyworker", "registered massage therapist and bodyworker", "registered massage therapist", "registered bodyworker", "massage therapist and bodyworker", "massage therapist" or "bodyworker", use any title or description that implies that he or she is registered under this subchapter or represent himself or herself to be registered under this subchapter unless the person has been issued a license of registration as a massage therapist or bodyworker under this subchapter.
(2) This subchapter does not prohibit a person who is not a registrant from engaging in the practice of massage therapy or bodywork.
440.972 Duties of department. (1) The department shall do all of the following:
(a) Promulgate rules establishing requirements and standards for the practice of massage therapy or bodywork by a registrant, including a code of ethics that governs a registrant's practice of massage therapy or bodywork.
(b) Promulgate rules establishing the education, training or competency requirements that an applicant for a license must satisfy in order to be issued a license of registration under this subchapter. The rules shall require an applicant to complete at least 500 classroom hours of study in a course of instruction at a school of massage therapy or bodywork approved under s. 39.51 and the rules may require an applicant to pass an examination, administered or approved by the department, to determine fitness to practice massage therapy or bodywork.
(c) Establish and update on at least a bimonthly basis a registry of persons who are issued a license of registration under this subchapter. The department shall make the registry available for public inspection and copying and in any other manner that, as determined by the department, facilitates public access to the registry.
(2) The department may promulgate rules that establish continuing education requirements that a person must satisfy to be eligible to renew a license of registration that is issued under this subchapter.
440.973 Registration requirements. The department shall issue a license of registration as a massage therapist or bodyworker to a person who does all of the following:
(1) Submits an application for the license to the department on a form provided by the department.
(2) Pays the fee specified in s. 440.05 (1).
(3) Subject to ss. 111.321, 111.322 and 111.335, submits evidence satisfactory to the department that he or she does not have an arrest or conviction record.
(4) Submits evidence satisfactory to the department that he or she satisfies the requirements established in rules promulgated under s. 440.972 (1) (b).
(5) Submits evidence satisfactory to the department that he or she has in effect malpractice liability insurance coverage in an amount that is not less than $1,000,000 per occurrence and $1,000,000 for all occurrences in one year.
440.974 Reciprocal registration. Upon application and payment of the fee specified in s. 440.05 (2), the department may issue a license of registration as a massage therapist or bodyworker to a person who has been issued a similar license, registration or certificate by another state or territory of the United States or another country if all of the following apply:
(1) The person is not currently under investigation for a matter related to his or her practice of massage therapy or bodywork in the other state, territory or country.
(2) The person has never been disciplined for a matter related to his or her practice of massage therapy or bodywork in the other state, territory or country.
(3) Subject to ss. 111.321, 111.322 and 111.335, the person does not have an arrest or conviction record.
(4) The person is not currently a party in pending litigation in which it is alleged that he or she is liable for damages for acts committed in the course of the practice of massage therapy or bodywork.
(5) The person has never been found liable for damages for acts committed in the course of the practice of massage therapy or bodywork which evidenced a lack of ability or fitness to practice massage therapy or bodywork.
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