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460.11 460.11 Practice requirements.
460.11(1) (1) A certificate holder may not practice massage therapy or bodywork on a client unless the certificate holder first obtains the informed consent of the client and has informed the client that he or she may withdraw the consent at any time.
460.11(2) (2) A certificate holder shall keep confidential any information that a client in confidence gives to the certificate holder and any other information that the certificate holder 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.
460.11(3) (3) A certificate holder may not, whether for compensation or not, practice massage therapy or bodywork for a sexually oriented business, as defined by the department by rule.
460.11 History History: 2001 a. 74.
460.12 460.12 Duty to make reports.
460.12(1) (1) A certificate holder shall submit a report to the department if he or she has reasonable cause to believe that another certificate holder 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.
460.12(2) (2) The department may use a report made under sub. (1) as the basis for an investigation under s. 460.14 (1). If, after an investigation, the department has reasonable cause to believe that a certificate holder has committed a crime, the department shall report the belief to the district attorney for the county in which the crime, in the opinion of the department, occurred.
460.12(3) (3) If, after an investigation, the department determines that a report submitted under sub. (1) is without merit, the department shall remove the report from the record of the certificate holder who is the subject of the report.
460.12(4) (4) All reports and records made from reports under sub. (1) and maintained by the department, 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 certificate holder 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, and the appropriate staff of a district attorney or a law enforcement agency within this state for purposes of investigation or prosecution.
460.12(5) (5)
460.12(5)(a)(a) In this subsection, "violation" means a violation of any state or local law that is punishable by a forfeiture.
460.12(5)(b) (b) A certificate holder shall submit a written report to the department 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 if 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.
460.12 History History: 2001 a. 74.
460.13 460.13 Advertising. A certificate holder may not advertise that he or she practices massage therapy or bodywork unless the advertisement includes his or her certificate number and a statement that the certificate holder is a "certified massage therapist and bodyworker" or "certified massage therapist" or "certified bodyworker."
460.13 History History: 2001 a. 74.
460.14 460.14 Disciplinary proceedings and actions.
460.14(1) (1) Subject to the rules promulgated under s. 440.03 (1), the department may make investigations and conduct hearings to determine whether a violation of this chapter or any rule promulgated under this chapter has occurred.
460.14(2) (2) Subject to the rules promulgated under s. 440.03 (1), the department may reprimand a certificate holder or deny, limit, suspend, or revoke a certificate under this chapter if it finds that the applicant or certificate holder has done any of the following:
460.14(2)(a) (a) Made a material misstatement in an application for a certificate or for renewal of a certificate.
460.14(2)(b) (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.
460.14(2)(c) (c) Advertised in a manner that is false, deceptive, or misleading.
460.14(2)(d) (d) Advertised, practiced, or attempted to practice under another's name.
460.14(2)(e) (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.
460.14(2)(f) (f) Intentionally made a false statement in a report submitted under s. 460.12 (1).
460.14(2)(g) (g) Engaged in unprofessional conduct in violation of the standards established in rules promulgated under s. 460.04 (2) (a).
460.14(2)(h) (h) Engaged in conduct while practicing massage therapy or bodywork that jeopardizes the health, safety, or welfare of a client or that evidences a lack of knowledge of, inability to apply, or the negligent application of, principles or skills of massage therapy or bodywork.
460.14(2)(j) (j) Violated this chapter or any rule promulgated under this chapter.
460.14(2m) (2m) Subject to the rules promulgated under s. 440.03 (1), the department shall revoke a certificate under this chapter if the certificate holder is convicted of any of the following:
460.14(2m)(b) (b) An offense under federal law or a law of any other state that is comparable to an offense under par. (a).
460.14(3) (3) The department may restore a certificate that has been suspended or revoked on such terms and conditions as the department may deem appropriate.
460.14(4) (4) Before taking any action under this section, the department shall consult with the council and consider any recommendations of the council.
460.14 History History: 2001 a. 74; 2005 a. 277.
460.15 460.15 Penalties.
460.15(1)(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.
460.15(2) (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.
460.15 History History: 2001 a. 74.
460.17 460.17 Local regulation. 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 issued a certificate by the department under this chapter. No provision of any ordinance enacted by a city, village, town, or county that is in effect before February 1, 1999, and that relates to the practice of massage therapy or bodywork, may be enforced against a person who is issued a certificate by the department under this chapter.
460.17 History History: 2001 a. 74 s. 19.
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This is an archival version of the Wis. Stats. database for 2005. See Are the Statutes on this Website Official?