AB899: Bill Text

LRB-4392/1

KP:emw

2017 - 2018 LEGISLATURE

2017 Assembly BILL 899

January 30, 2018 - Introduced by Representatives Tittl, Brostoff, Jacque, Quinn, Tusler and Vruwink, cosponsored by Senator Johnson. Referred to Committee on Regulatory Licensing Reform.

AB899,1,11 An Act to renumber and amend 460.01 (3) and 460.15; to amend 460.01 (2m), 460.01 (4), 460.02, 460.03 (intro.), 460.03 (2), 460.04 (2) (a), 460.04 (2) (e), 460.04 (2) (g), 460.05 (4), 460.06 (intro.), 460.07 (1), 460.095 (4) (intro.), 460.10 (1) (a), 460.10 (2), 460.11, 460.12 (1), 460.13, 460.14 (2) (intro.) and 460.17; and to create 440.08 (2) (a) 46p., 460.01 (1g) (d), 460.01 (1g) (e), 460.01 (4g), 460.01 (4r), 460.03 (4), 460.04 (2) (h), 460.04 (2) (i), 460.135 and 460.15 (2) of the statutes; relating to: licensure and local regulation of establishments providing massage therapy or bodywork therapy, the scope of practice of massage therapists and bodywork therapists, the unauthorized practice of massage therapy or bodywork therapy, granting rule-making authority, and providing a criminal penalty.

Analysis by the Legislative Reference Bureau

This bill requires an establishment or service providing massage therapy or bodywork therapy to obtain a license granted by the Massage Therapy and Bodywork Therapy Affiliated Credentialing Board, unless the establishment or service is owned by or provided at one of the following: 1) a licensed massage therapist or bodywork therapist; 2) a person who provides massage therapy or bodywork therapy within the scope of a credential granted to the person by this state or the federal government; or 3) a massage therapy or bodywork therapy school, health care or nursing facility, school or other educational institution, spa, business with an on-site wellness center, or establishment licensed to provide cosmetology, aesthetics, electrology, manicuring, or barbering. Under the bill, the affiliated credentialing board administers the licensure program and promulgates rules establishing the requirements for the massage or bodywork therapy establishment license and the standards for the professional conduct of persons granted a massage or bodywork therapy establishment license. Additionally, a local ordinance, including an ordinance enacted before the bill takes effect, that regulates the activity of a massage therapy or bodywork therapy establishment or service that is licensed or exempt from licensure under the bill may not be enforced against an establishment or service that obtains a license or is exempt from licensure.

The bill also authorizes the practice of massage therapy or bodywork therapy by a massage therapy or bodywork therapy extern or intern under the supervision of a licensed massage therapist or bodywork therapist. The bill requires the affiliated credentialing board to establish standards for that practice.

The bill also provides that the scope of the practice of massage therapy or bodywork therapy, in addition to the activities specified under current law, includes all of the following:

1. The application of kinesiology tape to the skin.

2. The provision of body spa services, as defined by the board by rule, including the application of body wraps and scrubs.

3. Certain kinds of manual action, the majority of which are included under current law, but under the bill, the manual action is performed without high velocity or low amplitude thrusting.

The bill provides that the penalty for the unauthorized practice of massage therapy or bodywork therapy is a fine of up to $1,000 or imprisonment for up to 90 days or both. The bill also provides that the penalty for intentionally employing a person to engage in the unauthorized practice of massage therapy or bodywork therapy is a fine of up to $10,000 or imprisonment for up to nine months, or both, for a first violation, and a fine of up to $10,000 or imprisonment for up to six years, or both, for a subsequent violation within five years.

For further information see the state 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:

AB899,1 Section 1. 440.08 (2) (a) 46p. of the statutes is created to read:

AB899,2,3 440.08 (2) (a) 46p. Massage therapy or bodywork therapy establishment: March 1 of each odd-numbered year.

AB899,2 Section 2. 460.01 (1g) (d) of the statutes is created to read:

AB899,3,2 460.01 (1g) (d) The application of kinesiology tape to the skin.

AB899,3 Section 3. 460.01 (1g) (e) of the statutes is created to read:

AB899,3,5 460.01 (1g) (e) The provision of body spa services, as defined by the affiliated credentialing board by rule, including the application of body wraps and scrubs.

AB899,4 Section 4. 460.01 (2m) of the statutes is amended to read:

AB899,3,8 460.01 (2m) “License “ Individual license holder" means a person granted a license under this chapter s. 460.05.

AB899,5 Section 5. 460.01 (3) of the statutes is renumbered 460.01 (3) (intro.) and amended to read:

AB899,3,12 460.01 (3) (intro.) “Manual action" includes holding, any of the following performed without high velocity or low amplitude thrusting:

AB899,3,14 (a) Holding, positioning, stretching, rocking, kneading, compressing, decompressing, gliding, or percussing the soft tissue of the human body or applying.

AB899,3,16 (b) Applying a passive range of motion to the human body without joint mobilization or manipulation.

AB899,6 Section 6. 460.01 (4) of the statutes is amended to read:

AB899,4,2 460.01 (4) “Massage therapy" or “bodywork therapy" means the science and healing art that uses manual actions and adjunctive therapies to palpate and manipulate the soft tissue of the human body in order to improve circulation, reduce tension, relieve soft tissue pain, or increase flexibility. “Massage therapy" or “bodywork therapy" includes determining whether manual actions and adjunctive therapies, including instruction on the self-application outside of the treatment setting of manual actions and adjunctive therapies, are appropriate or contraindicated, or whether a referral to another health care practitioner is appropriate. “Massage therapy" or “bodywork therapy" does not include making a medical, physical therapy, or chiropractic diagnosis.

AB899,7 Section 7. 460.01 (4g) of the statutes is created to read:

AB899,4,5 460.01 (4g) “Massage therapy or bodywork therapy establishment” means a fixed location where massage therapy or bodywork therapy is regularly performed.

AB899,8 Section 8. 460.01 (4r) of the statutes is created to read:

AB899,4,9 460.01 (4r) “Out-call massage service” means a service that provides massage therapy or bodywork therapy not at a massage therapy or bodywork therapy establishment but at another location designated by a client or the service.

AB899,9 Section 9. 460.02 of the statutes is amended to read:

AB899,4,20 460.02 License required. Except as provided in s. 460.03, no person may provide massage therapy or bodywork therapy, designate himself or herself as a massage therapist or bodywork therapist or masseur or masseuse, or use or assume the title “massage therapist and bodywork therapist" or “massage therapist" or “bodywork therapist" or “masseur" or “masseuse" or any title that includes “massage therapist," “bodywork therapist," or “bodyworker," or append to the person's name the letters “M.T.," “R.M.T.," “L.M.T.," “C.M.T.," “ B.T.," “B.W.," “L.B.W.," “R.B.W.," or “C.B.W.," or use any other title or designation that represents or may tend to represent that he or she is licensed under this chapter an individual license holder, unless the person is licensed under this chapter an individual license holder.

AB899,10 Section 10. 460.03 (intro.) of the statutes is amended to read:

AB899,4,23 460.03 Applicability. (intro.) A license under this chapter s. 460.05 is not required for any of the following:

AB899,11 Section 11. 460.03 (2) of the statutes is amended to read:

AB899,5,5 460.03 (2) A person who is authorized to practice massage therapy or bodywork therapy in another state or country and is providing a consultation to or demonstration with a an individual license holder. A person who is exempt from licensure under this subsection may use the terms “bodywork," “bodyworker," and “bodywork therapy" to identify his or her practice.

AB899,12 Section 12. 460.03 (4) of the statutes is created to read:

AB899,5,11 460.03 (4) A massage therapy or bodywork therapy extern or massage therapy or bodywork therapy intern who practices massage therapy or bodywork therapy under the supervision of a massage therapist or bodywork therapist licensed under s. 460.05 and subject to conditions established by the affiliated credentialing board by rule under s. 460.04 (2) (h).

AB899,13 Section 13. 460.04 (2) (a) of the statutes is amended to read:

AB899,5,16 460.04 (2) (a) Standards that govern the professional conduct of individual license holders in practicing massage therapy or bodywork therapy. The standards shall prohibit a an individual license holder from having sexual contact or sexual intercourse with a client.

AB899,14 Section 14. 460.04 (2) (e) of the statutes is amended to read:

AB899,5,23 460.04 (2) (e) A requirement that an applicant for a license under this chapter s. 460.05, 460.08, or 460.09 submit evidence satisfactory to the affiliated credentialing board that the applicant has current proficiency in the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved under s. 46.03 (38) to provide such instruction.

AB899,15 Section 15. 460.04 (2) (g) of the statutes is amended to read:

AB899,6,3 460.04 (2) (g) A requirement that an applicant for a license under this chapter s. 460.05, 460.08, or 460.09 pass an examination on state laws and administrative rules governing massage therapy and bodywork therapy.

AB899,16 Section 16. 460.04 (2) (h) of the statutes is created to read: