2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.
3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the Department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.
Copies of Rule and Contact Information
Copies of this proposed rule are available without cost upon request to:
Pamela Haack
Dept. of Regulation and Licensing
Office of Administrative Rules
1400 East Washington Ave., Room 171
P.O. Box 8935
Madison, WI 53708
Telephone: (608) 266-0495
Notice of Hearing
Regulation and Licensing
Notice is hereby given that pursuant to authority vested in the Department of Regulation and Licensing in s. 227.11 (2), Stats., and s. 440.982 (1) (b), Stats., as amended by 1999 Wis. Act 98, and interpreting ss. 440.03 (1) and 440.982 (1) (a) and (b), Stats., the Department of Regulation and Licensing will hold a public hearing at the time and place indicated below to consider an order adopting permanent rules affecting chs. RL 90 to 92, relating to educational and examination requirements for massage therapists and bodyworkers.
Hearing Information
The public hearing will be held as follows:
Date & Time Location
October 3, 2000 Room 124
Tuesday 1400 East Washington Ave.
10:00 a.m. MADISON, WI
Written Comments
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P. O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by Monday, October 9, 2000 to be included in the record of rule-making proceedings.
Analysis Prepared by the Dept. of Regulation and Licensing
Statutory authority: s. 227.11 (2), Stats., and s. 440.982 (1) (b), Stats., as amended by 1999 Wis. Act 98.
Statutes interpreted: ss. 440.03 (1) and 440.982 (1) (a) and (b), Stats.
The proposed revisions to chs. RL 90, 91 and 92 are necessary to implement 1999 Wis. Act 98, relating to educational and examination requirements for massage therapists and bodyworkers. The proposed rules redefine an approved course of instruction to state that a course of instruction may now be approved by the Department in addition to being offered by a school approved by the Educational Approval Board under s. 45.54, Stats. Prior to 1999 Wis. Act 98, an approved course of instruction could only be offered by a school approved by the Educational Approval Board.
The proposed rules provide that a course of instruction approved by the Department is either:
1) An associate degree program, or a vocational diploma program in massage therapy or bodywork offered by a technical college, or
2) A course of instruction in massage therapy or bodywork offered by a school accredited by an accrediting agency recognized by the U.S. Department of Education, or the Commission on Massage Training Accreditation.
An approved course of instruction must also meet the minimum requirements set forth in s. RL 92.02 (5), consisting of 600 classroom hours satisfying the subject area requirements listed in that section. Additional amendments renumber those remaining sections where affected.
Sections 2, 4 and 6 create definitions of accrediting agency, associate degree program and vocational diploma program.
Section 3 renumbers and amends a provision to allow the Department to approve a course of instruction authorized by s. 440.982 (1) (b), Stats.
Section 7 amends the introduction to s. RL 91.01, removing a reference to a section that is deleted.
Section 8 repeals a provision relating to a registration that is no longer offered.
Section 9 renumbers and amends a provision relating to an approved course of instruction authorized by s. 440.982 (1) (b), Stats.
Section 11 renumbers and amends provisions relating to successful completion of examinations required for registration.
Section 12 amends provisions to require evidence that the applicant completed a course in adult cardiopulmonary resuscitation.
Section 13 repeals outdated provisions.
Section 14 clarifies reciprocal registration.
Section 15 amends a provision relating to the submitted proof pertaining to completion of an approved course of instruction authorized by s. 440.982 (1) (b), Stats.
Section 16 repeals a reference to a formerly-approved course of instruction and creates a provision that a course of instruction from a school that is not approved by the Educational Approval Board be from a school that is either a technical college or accredited by an accrediting agency.
Text of Rule
SECTION 1. RL 90.02 (1) is renumbered RL 90.02 (3).
SECTION 2. RL 90.02 (1) is created to read:
RL 90.02 (1) “Accrediting agency" means any of the following:
(a) A regional or national accrediting agency recognized by the U.S. department of education.
(b) Commission on massage training accreditation.
SECTION 3. RL 90.02 (2) is renumbered RL 90.02 (4) and amended to read:
RL 90.02 (4) “Course of instruction" means a series of classroom courses, not including continuing education, which is approved by the department or at a school approved by the educational approval board under s. 45.54, Stats., having a unified purpose which lead to a diploma or degree or to an occupational or vocational objective
, meeting the requirements of sub. (5).
SECTION 4. RL 90.02 (2) is created to read:
RL 90.02 (2) “Associate degree program" means a program defined in s. 38.01 (1), Stats.
SECTION 5. RL 90.02 (3), (4), (5), (6), (7) and (8) are renumbered RL 90.02 (5), (6), (7), (8), (9) and (10).
SECTION 6. RL 90.02 (11) is created to read:
RL 90.02 (11) “Vocational diploma program" means a program defined in s. 38.01 (11), Stats.
SECTION 7. RL 91.01 (intro.) is amended to read:
RL 91.01 Application for registration. Except as provided in s. RL 91.02, an An individual applying for registration as a massage therapist or bodyworker shall submit all of the following to the department:
SECTION 8. RL 91.01 (3) (a) is repealed.
SECTION 9. RL 91.01 (3) (b) is renumbered RL 91.01 (3) (a) and amended to read:
RL 91.01 (3) (a) If filing an application for registration on or after March 1, 2000, has Has completed at least 600 classroom hours of study in a course of instruction at an approved school of massage therapy or bodywork, as provided under s. 440.982 (1) (b), Stats.
SECTION 10. RL 91.01 (3) (c) and (d) are renumbered RL 91.01 (3) (b) and (c).
SECTION 11. RL 91.01 (3) (e) is renumbered RL 91.01 (3) (d) and amended to read:
RL 91.01 (3) (d) If filing an application for registration on or after March 1, 2000, passed examinations Has passed the national certification examination for therapeutic massage and bodywork offered by the national certification board for therapeutic massage and bodywork or a substantially equivalent examination approved by the national commission of certifying agencies of the national organization for competency assurance or an examination approved by the department relating to the practice of massage therapy or bodywork and state laws governing the practice of massage therapy and bodywork.
SECTION 12. RL 91.01 (3) (e) and (f) are created to read:
RL 91.01 (3) (e) Has passed an examination on state laws and administrative rules governing massage therapy or bodywork.
(f) Has successfully completed a course consisting of 8 classroom hours in adult cardiopulmonary resuscitation and standard first aid, unless the course is completed as part of a course of instruction as provided under s. RL 92.01 (5) (e).
SECTION 13. RL 91.02 is repealed.
SECTION 14. RL 91.03 (1) (intro.) and (1) (c) 1. are amended to read:
RL 91.03 Reciprocal registration. (1) An individual applying for registration on the basis of a similar license, registration or certification in another state or jurisdiction of the United States or another country shall:
(1) (c) 1. Holds a current similar license, registration or certificate to practice massage therapy or bodywork in another state or jurisdiction of the United States or another country.
SECTION 15. RL 92.01 (1) is amended to read:
RL 92.01 (1) An individual applying for registration as a massage therapist or bodyworker prior to March 1, 2000, shall submit evidence satisfactory to the department that he or she has completed at least 500 classroom hours of study in a course of instruction at an approved school of massage therapy or bodywork, as provided under s. 440.982 (1) (b), Stats. An individual applying for registration as a massage therapist or bodyworker on or after March 1, 2000, shall submit, an official transcript or other official documentation showing dates and total hours attended and a description of the curriculum completed, evidence satisfactory to the department that he or she has completed at least 600 classroom hours of study in a course of instruction at an approved school of massage therapy or bodywork, as provided under s. 440.982 (1) (b), Stats.
SECTION 16. RL 92.01 (3) and (4) are repealed and recreated to read:
RL 92.01 (3) A course of instruction at a school approved by the educational approval board under s. 45.54, Stats., and shall in addition meet the requirements of sub. (5).
(4) In addition to satisfying the requirements of sub. (5), a course of instruction that is approved by the department shall be one of the following:
(a) An associate degree program, or a vocational diploma program in massage therapy or bodywork offered by a technical college established pursuant to s. 38.02, Stats.
(b) A course of instruction in massage therapy or bodywork offered by a school accredited by an accrediting agency.
SECTION 17. RL 92.01 (5) (e) and (f) are amended to read:
RL 92.01 (5) (e) Adult cardiopulmonary resuscitation (CPR) and standard first aid: 8 classroom hours. The requirement of this paragraph may be alternatively satisfied as provided under s. RL 91.01 (3) (f).
