AB461: Bill Text

LRB-1581/3

MDK&TNF:kaf:arm

1997 - 1998 LEGISLATURE

1997 Assembly BILL 461

July 22, 1997 - Introduced by Representatives Harsdorf, Schafer, Robson, Urban, Wasserman, Nass, Baldwin, Kaufert, Murat, Hanson, Sykora, Porter and J. Lehman, cosponsored by Senators Plache, Wirch, Weeden, Roessler, George, C. Potter, Farrow, Burke, Huelsman and A. Lasee. Referred to Committee on Consumer Affairs.

AB461,1,7 An Act to amend 15.08 (1m) (b), 50.01 (2), 55.043 (4) (e), 103.10 (1) (e), 146.40 (1) (d), 146.81 (1) (i) and (j), 252.10 (7), 252.15 (1) (ar) 1., 448.03 (2) (a), 448.10 (4), 451.02 (1), 895.48 (1m) (intro.), 895.48 (1m) (b) and 908.03 (6m) (a); and to create 15.405 (6r), 146.81 (1) (hp), 180.1901 (1m) (h), 440.08 (2) (a) 46r., 448.21 (1) (f) and chapter 460 of the statutes; relating to: the regulation of massage therapists and bodyworkers, creating a massage therapy and bodywork examining board, granting rule-making authority and providing a penalty.

Analysis by the Legislative Reference Bureau

This bill establishes requirements for the licensure of massage therapists and bodyworkers. The bill creates a 7-member massage therapy and bodywork examining board (examining board), attached to the department of regulation and licensing, to administer and enforce the requirements.

The bill also prohibits, with certain exceptions, a person who is not granted a license by the examining board from practicing massage therapy or bodywork for compensation. "Massage therapy or bodywork" is defined as the use of manual actions to manipulate the soft tissue of the human body for the purpose of improving circulation, reducing tension, relieving pain or increasing flexibility or the use of an adjunctive therapy to accomplish such purposes, but the term does not include making a medical diagnosis. The bill also prohibits a person who is not granted a license from using a title that represents that he or she is a massage therapist or bodyworker.

The bill does all of the following with respect to the regulation of massage therapists and bodyworkers:

1. Specifies the education, training, examination and other requirements and qualifications needed for licensure as a massage therapist or bodyworker and allows the examining board to waive any of the requirements if an applicant has substantially equivalent education, training or other experience. The bill also permits the examining board to promulgate rules that require a licensed massage therapist or bodyworker to complete at least 12 hours of continuing education every 2 years.

2. Allows the examining board to grant a temporary massage therapist or bodyworker license to a person who has applied to take the next available massage therapist or bodyworker examination and to grant a reciprocal license to a person who is licensed by another state or territory with licensing requirements that are substantially equivalent to the requirements of the bill.

3. Requires a massage therapist or bodyworker to obtain the informed consent of a client and to keep confidential any information that is given to the massage therapist or bodyworker in confidence by a client.

4. Prohibits a massage therapist or bodyworker from practicing massage therapy or bodywork at a "sexually oriented business", as defined by rule by the examining board.

5. Requires a massage therapist or bodyworker to make a report to the examining board if he or she is convicted of a felony or misdemeanor, or is found to have committed a violation of state or local law that is punishable by a forfeiture, and the circumstances of the felony, misdemeanor or violation substantially relate to the practice of massage therapy or bodywork. The bill also requires a massage therapist or bodyworker to make 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 or has had sexual contact or intercourse with a client and allows the examining board to investigate the report.

6. Allows the examining board to reprimand a person who has been granted a license or to deny, limit, suspend or revoke a license if a person has engaged in certain conduct or violated any requirement under the bill. A person who violates the bill's requirements is subject to a forfeiture of up to $1,000 for each violation, except that a person who violates the prohibition against practicing massage therapy or bodywork or using a title without a license is required to pay a forfeiture of up to $500 for each day of violation.

7. Creates exemptions from the bill's requirements for certain persons, including: a) a massage therapist student who practices, without compensation, under the on-premises supervision of an instructor; and b) a person who does not imply that he or she is a massage therapist or bodyworker and who manipulates the soft tissues of the hands or feet, uses touch or spoken words to increase awareness of patterns of movements in the human body, or uses his or her hands to influence energy fields within or around the human body.

The bill also prohibits a city, village, town or county from enacting an ordinance that regulates the practice of massage therapy or bodywork by a person who is licensed by the examining board. In addition, a city, village, town or county is allowed to enact a zoning ordinance that restricts the location of an office in which massage therapy or bodywork is practiced, but only if the same restrictions also apply to a physician's office.

Finally, the bill also does all of the following:

1. Makes state law regarding the confidentiality of patient health care records applicable to records of a massage therapist or bodyworker about his or her clients.

2. Allows massage therapists or bodyworkers to organize and be shareholders in a health care professional service corporation. Current law allows only certain other health care providers to organize and be members of such a corporation.

3. Exempts, under certain circumstances, massage therapists or bodyworkers from civil liability for rendering voluntary care to participants at certain athletic events and contests. Current law exempts only certain other health care providers from such liability.

4. Expands the exception to the hearsay rule under current law that applies to records of certain health care providers so that it also applies to records of massage therapists or bodyworkers.

5. Expands the applicability of certain requirements under current law pertaining to subpoenas of health care records so that they also apply to records of massage therapists and bodyworkers.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

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

AB461, s. 1 Section 1. 15.08 (1m) (b) of the statutes is amended to read:

AB461,4,3 15.08 (1m) (b) The public members of the chiropractic examining board, the dentistry examining board, the hearing and speech examining board, the massage therapy and bodywork examining board, the medical examining board, podiatry examining council, occupational therapy examining council, respiratory care practitioners examining council and council on physician assistants, the board of nursing, the nursing home administrator examining board, the veterinary examining board, the optometry examining board, the pharmacy examining board, the examining board of social workers, marriage and family therapists and professional counselors and the psychology examining board shall not be engaged in any profession or occupation concerned with the delivery of physical or mental health care.

AB461, s. 2 Section 2. 15.405 (6r) of the statutes is created to read:

AB461,4,8 15.405 (6r) Massage therapy and bodywork examining board. (a) There is created a massage therapy and bodywork examining board in the department of regulation and licensing. The examining board shall consist of the following members appointed for 4-year terms:

AB461,4,11 1. Five massage therapists or bodyworkers who are licensed under ch. 460 and have engaged in the practice of massage therapy or bodywork for at least 2 years preceding appointment.

AB461,4,12 2. Two public members.

AB461,4,15 (b) In appointing members under par. (a), the governor shall ensure, to the maximum extent practicable, that the membership of the board is diverse, based on all of the following factors:

AB461,4,16 1. Massage or bodywork therapies practiced in this state.

AB461,4,18 2. Affiliation and nonaffiliation with a professional association for the practice of massage therapy or bodywork.

AB461,4,20 3. Professional associations with which massage therapists or bodyworkers in this state are affiliated.

AB461,4,21 4. Practice in urban and rural areas in this state.

AB461, s. 3 Section 3. 50.01 (2) of the statutes is amended to read:

AB461,5,3 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 ch. 441, 448, 449, 450, 451, 455 or, 459 or 460 or a person whose duties primarily involve skills that are different than those taught in instructional programs for nurse's assistants.

AB461, s. 4 Section 4. 55.043 (4) (e) of the statutes is amended to read:

AB461,5,8 55.043 (4) (e) Refer the case to the department of regulation and licensing or the appropriate examining board if the abuse, neglect or misappropriation of property involves an individual who is required to be licensed, permitted, certified or registered under chs. 440 to 459 460.

AB461, s. 5 Section 5. 103.10 (1) (e) of the statutes is amended to read:

AB461,5,11 103.10 (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).

AB461, s. 6 Section 6. 146.40 (1) (d) of the statutes is amended to read:

AB461,5,21 146.40 (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 ch. 441, 448, 449, 450, 451, 455 or, 459 or 460 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).

AB461, s. 7 Section 7. 146.81 (1) (hp) of the statutes is created to read:

AB461,5,23 146.81 (1) (hp) A massage therapist or bodyworker licensed under ch. 460.

AB461, s. 8 Section 8. 146.81 (1) (i) and (j) of the statutes are amended to read:

AB461,6,2 146.81 (1) (i) A partnership of any providers specified under pars. (a) to (hm) (hp).