AB461: Bill Text

AB461,8,9 460.01 Definitions. In this chapter:

AB461,8,12 (1) "Adjunctive therapy" includes the use of a device that simulates or enhances a manual action; the application of heat, cold, water, a mild abrasive or a topical preparation; and heliotherapy.

AB461,8,14 (2) "Examining board" means the massage therapy and bodywork examining board.

AB461,8,17 (3) "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.

AB461,8,19 (4) "Massage therapist or bodyworker" means a person who is licensed as a massage therapist or bodyworker under this chapter.

AB461,8,20 (5) "Massage therapy or bodywork":

AB461,9,2 (a) Means the science and healing art that uses manual actions to palpate and manipulate the soft tissue of the human body, and adjunctive therapies, to improve circulation, reduce tension, relieve soft tissue pain, or increase flexibility, and includes determining whether massage therapy or bodywork is appropriate or contraindicated, or whether a referral to another health care practitioner is appropriate.

AB461,9,3 (b) Does not include making a medical diagnosis.

AB461,9,4 (6) "Physician's office" has the meaning given in s. 101.123 (1) (dg).

AB461,9,5 (7) "Sexual contact" has the meaning given in s. 939.22 (34).

AB461,9,6 (8) "Sexual intercourse" has the meaning given in s. 948.01 (7) (a).

AB461,9,14 460.02 License required. Except as provided in s. 460.03, no person may practice massage therapy or bodywork for compensation or in the expectation of compensation, or designate himself or herself as a massage therapist or bodyworker, or use or assume the title "massage therapist and bodyworker" or "massage therapist" or "bodyworker", or append to the person's name the letters "M. T.", "L. M. T.", "B. W." or "L. B. W.", or use any other title or designation which represents or may tend to represent the person as a massage therapist or bodyworker, unless the person is licensed under this chapter.

AB461,9,16 460.03 Applicability. A license under this chapter is not required for any of the following:

AB461,9,20 (1) A person holding a license, permit, registration or certification granted by this state or the federal government who engages in a practice of massage therapy or bodywork within the scope of his or her license, permit, registration or certification and who does not imply that he or she is a massage therapist or bodyworker.

AB461,9,23 (2) A massage therapy or bodywork student practicing massage therapy or bodywork, without compensation, within the scope of the student's education or training, and under the on-premises supervision of an instructor.

AB461,9,25 (3) A massage therapist or bodyworker who is licensed to practice massage therapy or bodywork in another state or country and is providing a consultation to or demonstration with a massage therapist or bodyworker who is licensed under this chapter.

AB461,10,4 (4) A person who does any of the following and who does not imply that he or she is a massage therapist or bodyworker:

AB461,10,5 (a) Restricts his or her manipulation of soft tissue to the hands or feet.

AB461,10,7 (b) Uses touch or spoken words to increase awareness of existing or potential patterns of movement in the human body.

AB461,10,9 (c) Uses a laying on of hands to influence energy fields within or around the human body.

AB461,10,11 460.04 Duties of examining board. (1) The examining board shall assign a unique license number to each person licensed under this chapter.

AB461,10,13 (2) The examining board shall promulgate rules that establish all of the following:

AB461,10,16 (a) A code of ethics that governs the professional conduct of massage therapists or bodyworkers. The code of ethics shall prohibit a massage therapist or bodyworker from having sexual contact or sexual intercourse with a client.

AB461,10,20 (b) Criteria for approving a school of massage therapy or bodywork from which graduation is required under s. 460.05 (1) (e) 1. Rules promulgated under this paragraph shall define the curricula and qualifications of instructors that are required for approval of a school.

AB461,10,24 (c) Criteria for approving the courses of instruction required under s. 460.05 (1) (e) 2. and 3. Rules promulgated under this paragraph shall require the course of instruction required under s. 460.05 (1) (e) 3. to consist of at least 500 classroom hours.

AB461,11,2 (d) Requirements and procedures for obtaining the informed consent of a client under s. 460.11 (1) and for making a report required under s. 460.12 (1).

AB461,11,3 (e) A definition of "sexually oriented business" for purposes of s. 460.11 (3).

AB461,11,4 (f) A definition of "laying on of hands" for purposes of s. 460.03 (4) (c).

AB461,11,7 460.05 Licensure of massage therapists or bodyworkers. (1) The examining board shall grant a license as a massage therapist or bodyworker to a person who satisfies all of the following:

AB461,11,8 (a) Is 18 years of age or older.

AB461,11,11 (b) Has graduated from high school or attained high school graduation equivalency as determined by the department of public instruction under s. 115.29 (4).

AB461,11,13 (c) Submits an application for the license to the department on a form provided by the department.

AB461,11,14 (d) Pays the fee specified in s. 440.05 (1).

AB461,11,16 (e) Except as provided in sub. (2), submits evidence satisfactory to the examining board that he or she has done all of the following:

AB461,11,18 1. Graduated from a school of massage therapy or bodywork approved under s. 38.51.

AB461,11,21 2. Completed at least 6 classroom hours in the laws of this state and rules of the examining board relating to the practice of massage therapy or bodywork in a course of instruction approved by the examining board.

AB461,11,24 3. Completed a minimum number of classroom hours, established by the examining board by rule, in a course of instruction in the principles and techniques of massage therapy or bodywork that is approved by the examining board.

AB461,11,25 (f) Passes an examination under s. 460.06.

AB461,12,4 (2) The examining board may waive a requirement specified in sub. (1) (e) if a person establishes, to the satisfaction of the examining board, that he or she has education, training or other experience that is substantially equivalent to the requirement.

AB461,12,7 460.06 Examination. (1) The examining board shall conduct or arrange for examinations for massage therapist or bodyworker licensure at least semiannually and at times and places determined by the examining board.

AB461,12,10 (2) Examinations shall consist of written or oral tests, or both, requiring applicants to demonstrate minimum competency in subjects substantially related to the practice of massage therapy or bodywork.

AB461,12,15 460.07 Issuance of license; expiration and renewal. (1) The department shall issue a certificate of licensure to each person who is licensed under this chapter. The person shall conspicuously display the certificate in the place of business where he or she practices massage therapy or bodywork so that the certificate can easily be seen and read.

AB461,12,20 (2) The renewal dates for licenses granted under this chapter, other than temporary licenses granted under s. 460.08, are specified under s. 440.08 (2) (a). Renewal applications shall be submitted to the department on a form provided by the department and shall include the renewal fee specified in s. 440.08 (2) (a) and, if applicable, proof of completion of continuing education under s. 460.10.

AB461,13,2 460.08 Temporary license. Upon application and payment of the fee specified in s. 440.05 (6), the examining board may grant a temporary massage therapist or bodyworker license to a person who satisfies the requirements under s. 460.05 (1) (a) to (e), has submitted an application to take the next available examination under s. 460.06 and has not previously failed the examination. A temporary license granted under this section shall expire on the date on which the person receives the results of the examination and may not be renewed.

AB461,13,8 460.09 Reciprocal license. Upon application and payment of the fee specified in s. 440.05 (2), the examining board shall grant a massage therapist or bodyworker license to a person who holds a similar license or certificate in another state or territory of the United States if the examining board determines that the requirements for receiving the license or certificate in the other state or territory are substantially equivalent to the requirements under s. 460.05.

AB461,13,18 460.10 Continuing education. The examining board may promulgate rules establishing requirements and procedures for a massage therapist or bodyworker to complete continuing education programs or courses of study in order to qualify for renewal of his or her license. Any rules promulgated under this section shall require a massage therapist or bodyworker to complete at least 12 hours of continuing education programs or courses of study in order to qualify for renewal. The examining board may waive all or part of any requirement established in rules promulgated under this section if it determines that prolonged illness, disability or other exceptional circumstances have prevented a massage therapist or bodyworker from completing the requirement.

AB461,13,22 460.11 Practice requirements. (1) A massage therapist or bodyworker may not practice massage therapy or bodywork on a client unless the massage therapist or bodyworker first obtains the informed consent of the client and has informed the client that he or she may withdraw the consent at any time.

AB461,14,4 (2) A massage therapist or bodyworker shall keep confidential any information that a client in confidence gives to the massage therapist or bodyworker and any other information that the massage therapist or bodyworker obtains about a client in the course of practicing massage therapy or bodywork that a reasonable person in the client's position would want kept confidential, unless the information is otherwise required by law to be disclosed or the client specifically authorizes the disclosure of the information.

AB461,14,7 (3) A massage therapist or bodyworker may not, whether for compensation or not, practice massage therapy or bodywork for a sexually oriented business, as defined by the examining board by rule.

AB461,14,14 460.12 Duty to make reports. (1) A massage therapist or bodyworker shall submit a report to the examining board if he or she has reasonable cause to believe that another massage therapist or bodyworker has committed a crime relating to prostitution under ss. 944.30 to 944.34 or has had sexual contact or sexual intercourse with a client. If the report relates to sexual contact or sexual intercourse with a client, the report may not identify the client unless the client has provided written consent for disclosure of this information.

AB461,14,20 (2) The examining board may use a report made under sub. (1) as the basis for an investigation under s. 460.16 (1). If, after an investigation, the examining board has reasonable cause to believe that a massage therapist or bodyworker has committed a crime, the examining board shall report the belief to the district attorney for the county in which the crime, in the opinion of the examining board, occurred.

AB461,14,24 (3) If, after an investigation, the examining board determines that a report submitted under sub. (1) is without merit, the examining board shall remove the report from the record of the massage therapist or bodyworker who is the subject of the report.

AB461,15,14 (4) All reports and records made from reports under sub. (1) and maintained by the department, the examining board, district attorneys and other persons, officials and institutions shall be confidential and are exempt from disclosure under s. 19.35 (1). Information regarding the identity of a client with whom a massage therapist or bodyworker is suspected of having sexual contact or sexual intercourse shall not be disclosed by persons who have received or have access to a report or record unless disclosure is consented to in writing by the client. The report of information under sub. (1) and the disclosure of a report or record under this subsection does not violate any person's responsibility for maintaining the confidentiality of patient health care records, as defined in s. 146.81 (4) and as required under s. 146.82. Reports and records may be disclosed only to the department, the examining board and the appropriate staff of a district attorney or a law enforcement agency within this state for purposes of investigation or prosecution.

AB461,15,16 (5) (a) In this subsection, "violation" means a violation of any state or local law that is punishable by a forfeiture.

AB461,15,25 (b) A massage therapist or bodyworker shall submit a written report to the examining board if he or she is convicted of a felony or misdemeanor, or is found to have committed a violation, in this state or elsewhere, and the circumstances of the felony, misdemeanor or violation substantially relate to the practice of massage therapy or bodywork. The report shall identify the date, place and nature of the conviction or finding and shall be submitted within 30 days after the entry of the judgment of conviction or the judgment finding that he or she committed the violation. If the report is submitted by mail, the report is considered to be submitted on the date that it is mailed.

AB461,16,4 460.13 Employment of massage therapists or bodyworkers. No person may employ a person to engage in the practice of massage therapy or bodywork unless the person who is employed is licensed under this chapter or is exempt from the licensure requirements of this chapter.

AB461,16,9 460.14 Advertising. A massage therapist or bodyworker may not advertise that he or she practices massage therapy or bodywork unless the advertisement includes his or her license number and a statement that the massage therapist or bodyworker is a "licensed massage therapist and bodyworker" or "licensed massage therapist" or "licensed bodyworker".

AB461,16,16 460.15 Local regulation. (1) A city, village, town or county may not enact an ordinance that regulates the practice of massage therapy or bodywork by a person who is licensed by the examining board under this chapter. No provision of any ordinance enacted by a city, village, town or county that is in effect before the effective date of this subsection .... [revisor inserts date], and that relates to the practice of massage therapy or bodywork, may be enforced against a person who is licensed by the examining board under this chapter.

AB461,17,2 (2) Notwithstanding s. 59.69 (4), 60.61 (2), 60.62 (1), 61.35, 62.23 (7) or sub. (1), a city, village, town or county may enact a zoning ordinance that restricts the location of an office in which massage therapy or bodywork is practiced by a person licensed by the examining board under this chapter only if the same restrictions also apply to the location of a physician's office. No provision of any zoning ordinance enacted by a city, village, town or county that is in effect before the effective date of this subsection .... [revisor inserts date], and that restricts the location of an office in which massage therapy or bodywork is practiced by a person licensed by the examining board under this chapter, may be enforced unless the same restrictions also apply to the location of a physician's office.

AB461,17,3 460.16 Disciplinary proceedings and actions.

AB461,17,6 (1) Subject to the rules promulgated under s. 440.03 (1), the examining board may make investigations and conduct hearings to determine whether a violation of this chapter or any rule promulgated under this chapter has occurred.

AB461,17,10 (2) Subject to the rules promulgated under s. 440.03 (1), the examining board may reprimand a massage therapist or bodyworker or deny, limit, suspend or revoke a license under this chapter if it finds that the applicant or licensee has done any of the following:

AB461,17,12 (a) Made a material misstatement in an application for a license or for renewal of a license.

AB461,17,15 (b) Subject to ss. 111.321, 111.322 and 111.335, been convicted of an offense the circumstances of which substantially relate to the practice of massage therapy or bodywork.

AB461,17,16 (c) Advertised in a manner that is false, deceptive or misleading.

AB461,17,17 (d) Advertised, practiced or attempted to practice under another's name.

AB461,17,19 (e) Subject to ss. 111.321, 111.322 and 111.34, practiced massage therapy or bodywork while his or her ability to practice was impaired by alcohol or other drugs.

AB461,17,21 (f) Intentionally made a false statement in a report submitted under s. 460.12 (1).

AB461,17,23 (g) Engaged in unprofessional or unethical conduct in violation of the code of ethics established in rules promulgated under s. 460.04 (2) (a).

AB461,18,2 (h) Engaged in conduct while practicing massage therapy or bodywork which jeopardizes the health, safety or welfare of a client or which evidences a lack of knowledge of, inability to apply or the negligent application of, principles or skills of massage therapy or bodywork.

AB461,18,3 (i) Committed a crime related to prostitution under ss. 944.30 to 944.34.

AB461,18,4 (j) Violated this chapter or any rule promulgated under this chapter.

AB461,18,7 (3) The examining board may restore a license that has been suspended or revoked on such terms and conditions as the examining board may deem appropriate.

AB461,18,10 460.17 Penalties. (1) Except as provided in sub. (2), any person who violates this chapter or any rule promulgated under this chapter shall forfeit not more than $1,000 for each violation.

AB461,18,13 (2) A person who violates s. 460.02 shall forfeit not more than $500 for each violation. Each day of continued violation of s. 460.02 constitutes a separate violation.

AB461, s. 18 Section 18. 895.48 (1m) (intro.) of the statutes is amended to read:

AB461,18,23 895.48 (1m) (intro.)  Any physician licensed under ch. 448, chiropractor licensed under ch. 446, dentist licensed under ch. 447, emergency medical technician licensed under s. 146.50, physician assistant certified under ch. 448 or, registered nurse licensed under ch. 441 or massage therapist or bodyworker licensed under ch. 460 who renders voluntary health care to a participant in an athletic event or contest sponsored by a nonprofit corporation, as defined in s. 46.93 (1m) (c), a private school, as defined in s. 115.001 (3r), a public agency, as defined in s. 46.93 (1m) (e), or a school, as defined in s. 609.655 (1) (c), is immune from civil liability for his or her acts or omissions in rendering that care if all of the following conditions exist:

AB461, s. 19 Section 19. 895.48 (1m) (b) of the statutes is amended to read:

AB461,19,4 895.48 (1m) (b) The physician, chiropractor, dentist, massage therapist or bodyworker, emergency medical technician, physician assistant or registered nurse does not receive compensation for the health care, other than reimbursement for expenses.

AB461, s. 20 Section 20. 908.03 (6m) (a) of the statutes is amended to read:

AB461,19,9 908.03 (6m) (a) Definition. In this subsection, "health care provider" means a chiropractor licensed under ch. 446, a dentist licensed under ch. 447, a physician assistant certified under ch. 448, a massage therapist or bodyworker licensed under ch. 460 or a health care provider as defined in s. 655.001 (8).

AB461, s. 21 Section 21 . Nonstatutory provisions.

AB461,19,11 (1) Initial appointments.

AB461,19,15 (a) Notwithstanding section 15.405 (6r) (a) of the statutes, as created by this act, the initial members of the massage therapy and bodywork examining board shall be appointed by the first day of the 3rd month beginning after the effective date of this paragraph for the following terms:

AB461,19,17 1. Two massage therapist or bodyworker members and one public member, for terms expiring on July 1, 1999.

AB461,19,19 2. One massage therapist or bodyworker member, for a term expiring on July 1, 2000.

AB461,19,21 3. One massage therapist or bodyworker member and one public member, for terms expiring on July 1, 2001.

AB461,19,23 4. One massage therapist or bodyworker member, for a term expiring on July 1, 2002.

AB461,20,3 (b) Notwithstanding section 15.405 (6r) (a) of the statutes, as created by this act, for the purpose of being appointed and serving as members of the massage therapy and bodywork examining board, the members need not be licensed under chapter 460 of the statutes, as created by this act, until the first day of the 15th month beginning after the effective date of this paragraph.