Amendment SSA1-SB262

LRBs0389/3

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1997 - 1998 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, TO 1997 SENATE BILL 262

February 10, 1998 - Offered by Committee on Health, Human Services, Aging, Corrections, Veterans and Military Affairs.

SB262-SSA1,1,7 An Act to amend 15.085 (1m) (b), 50.39 (3), 103.10 (1) (e), 252.10 (7), 252.15 (1) (ar) 1., 448.10 (4), 895.48 (1m) (intro.), 895.48 (1m) (b) and 908.03 (6m) (a); and to create 15.406 (3), 146.81 (1) (eg), 180.1901 (1m) (bt), 440.08 (2) (a) 46r. and subchapter V of chapter 448 [precedes 448.95] of the statutes; relating to: the regulation of massage therapists and bodyworkers, creating a massage therapy and bodywork affiliated credentialing board, granting rule-making authority and providing a penalty.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB262-SSA1, s. 1 Section 1. 15.085 (1m) (b) of the statutes is amended to read:

SB262-SSA1,1,12 15.085 (1m) (b) The public members of the physical therapists affiliated credentialing board and the massage therapists and bodyworkers affiliated credentialing board shall not be engaged in any profession or occupation concerned with the delivery of physical or mental health care.

SB262-SSA1, s. 2 Section 2. 15.406 (3) of the statutes is created to read:

SB262-SSA1,2,6 15.406 (3) Massage therapists and bodyworkers affiliated credentialing board. (a) There is created in the department of regulation and licensing, attached to the medical examining board, a massage therapists and bodyworkers affiliated credentialing board. The affiliated credentialing board shall consist of the following members appointed for 4-year terms:

SB262-SSA1,2,9 1. Five massage therapists or bodyworkers who are certified under subch. V of ch. 448 and have engaged in the practice of massage therapy or bodywork for at least 2 years preceding appointment.

SB262-SSA1,2,10 2. Two public members.

SB262-SSA1,2,13 (b) In appointing members under par. (a), the governor shall ensure, to the maximum extent practicable, that the membership of the affiliated credentialing board is diverse, based on all of the following factors:

SB262-SSA1,2,14 1. Massage or bodywork therapies practiced in this state.

SB262-SSA1,2,16 2. Affiliation and nonaffiliation with a professional association for the practice of massage therapy or bodywork.

SB262-SSA1,2,18 3. Professional associations with which massage therapists or bodyworkers in this state are affiliated.

SB262-SSA1,2,19 4. Practice in urban and rural areas in this state.

SB262-SSA1, s. 3 Section 3. 50.39 (3) of the statutes is amended to read:

SB262-SSA1,3,5 50.39 (3) Facilities governed by ss. 45.365, 48.62, 49.70, 49.72, 50.02, 51.09, 58.06, 252.073, 252.076 and 252.10, secured correctional facilities as defined in s. 938.02 (15m), correctional institutions governed by the department of corrections under s. 301.02 and the offices and clinics of persons licensed to treat the sick under chs. 446, 447 and 448 are exempt from ss. 50.32 to 50.39. Sections 50.32 to 50.39 do not abridge the rights of the medical examining board, physical therapists affiliated credentialing board, massage therapists and bodyworkers affiliated credentialing board, dentistry examining board, pharmacy examining board, chiropractic examining board and board of nursing in carrying out their statutory duties and responsibilities.

SB262-SSA1, s. 4 Section 4. 103.10 (1) (e) of the statutes is amended to read:

SB262-SSA1,3,8 103.10 (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) (eg).

SB262-SSA1, s. 5 Section 5. 146.81 (1) (eg) of the statutes is created to read:

SB262-SSA1,3,11 146.81 (1) (eg) A massage therapist or bodyworker certified under subch. V of ch. 448.

SB262-SSA1, s. 6 Section 6. 180.1901 (1m) (bt) of the statutes is created to read:

SB262-SSA1,3,14 180.1901 (1m) (bt) Massage therapists and bodyworkers affiliated credentialing board under subch. V of ch. 448.

SB262-SSA1, s. 7 Section 7. 252.10 (7) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

SB262-SSA1,4,2 252.10 (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 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, massage therapists or bodyworkers certified under subch. V of ch. 448 or, on or after July 1, 1995, and no later than June 30, 1999, dietitians certified under subch. IV of ch. 448.

SB262-SSA1, s. 8 Section 8. 252.15 (1) (ar) 1. of the statutes is amended to read:

SB262-SSA1,4,5 252.15 (1) (ar) 1. A person or entity that is specified in s. 146.81 (1), but not a massage therapist or bodyworker certified under subch. V of ch. 448.

SB262-SSA1, s. 9 Section 9. 440.08 (2) (a) 46r. of the statutes is created to read:

SB262-SSA1,4,8 440.08 (2) (a) 46r. Massage therapist or bodyworker: July 1 of each even-numbered year; $41.

SB262-SSA1, s. 10 Section 10. 448.10 (4) of the statutes is amended to read:

SB262-SSA1,4,23 448.10 (4) Massage and hydrotherapy. Any Notwithstanding s. 448.951, any person who, on July 11, 1953, was practicing massage and hydrotherapy in this state under a certificate of registration issued pursuant to s. 147.185, 1951 stats., as it existed prior to July 11, 1953, or who had applied for a certificate of registration in massage and hydrotherapy before said date, shall have the right to continue to so practice under such certificate, and the term "massage and hydrotherapy" shall be deemed to include the use of galvanic generator, diathermy, infrared ray and ultraviolet light for massage purposes. Nothing contained in this subsection shall limit the existing authority of the board to revoke such certificate for cause, and in addition, the board may require the holder of such certificate to demonstrate by examination fitness to use the instrumentalities enumerated in this subsection. A lack of such fitness shall constitute cause for revocation of such certificate. No such certificate holder shall treat a specific disease except on the advice of a licensed physician.

SB262-SSA1, s. 11 Section 11. Subchapter V of chapter 448 [precedes 448.95] of the statutes is created to read:

SB262-SSA1,5,1 Chapter 448

SB262-SSA1,5,5 Subchapter V Massage therapists and bodyworkers affiliated credentialing board

SB262-SSA1,5,6 448.95 Definitions. In this subchapter:

SB262-SSA1,5,9 (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.

SB262-SSA1,5,11 (2) "Affiliated credentialing board" means the massage therapists and bodyworkers affiliated credentialing board.

SB262-SSA1,5,14 (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.

SB262-SSA1,5,16 (4) "Massage therapist or bodyworker" means a person who is certified as a massage therapist or bodyworker under this subchapter.

SB262-SSA1,5,17 (5) "Massage therapy or bodywork":

SB262-SSA1,5,23 (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.

SB262-SSA1,5,24 (b) Does not include making a medical diagnosis.

SB262-SSA1,5,25 (6) "Physician's office" has the meaning given in s. 101.123 (1) (dg).

SB262-SSA1,6,1 (7) "Sexual contact" has the meaning given in s. 939.22 (34).

SB262-SSA1,6,2 (8) "Sexual intercourse" has the meaning given in s. 948.01 (7) (a).

SB262-SSA1,6,9 448.951 Use of titles. Except as provided in s. 448.952, no person may designate himself or herself as a massage therapist or bodyworker, 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.", "C.M.T.", "B.W." or "C.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 certified under this subchapter.

SB262-SSA1,6,11 448.952 Applicability. A certificate under this subchapter is not required for any of the following:

SB262-SSA1,6,15 (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.