AB899: Bill Text

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:

AB899,6,8 460.04 (2) (h) Conditions for the practice under s. 460.03 (4) of massage therapy or bodywork therapy externs and massage therapy or bodywork therapy interns. The rules promulgated under this paragraph shall define “massage therapy or bodywork therapy extern" and “massage therapy or bodywork therapy intern."

AB899,17 Section 17. 460.04 (2) (i) of the statutes is created to read:

AB899,6,13 460.04 (2) (i) Standards governing the professional conduct of a person granted a massage therapy or bodywork therapy establishment license under s. 460.135 (3) in operating a massage therapy or bodywork therapy establishment or out-call massage service.

AB899,18 Section 18. 460.05 (4) of the statutes is amended to read:

AB899,6,16 460.05 (4) The affiliated credentialing board may assign a unique license number to each person licensed under this chapter section.

AB899,19 Section 19. 460.06 (intro.) of the statutes is amended to read:

AB899,6,20 460.06 Examinations. (intro.) The affiliated credentialing board may not grant a license under this chapter s. 460.05 unless the applicant achieves a passing grade on the following examinations:

AB899,20 Section 20. 460.07 (1) of the statutes is amended to read:

AB899,6,24 460.07 (1) Each person who is licensed under this chapter s. 460.05 shall conspicuously display the license in the place of business where he or she practices massage therapy or bodywork therapy so that the license can easily be seen and read.

AB899,21 Section 21. 460.095 (4) (intro.) of the statutes is amended to read:

AB899,7,4 460.095 (4) (intro.) Ensure that each instructor hired by the school or training program on or after December 1, 2010, to teach courses in theory and the practice of massage therapy or bodywork therapy is licensed under this chapter s. 460.05 and has at least one of the following:

AB899,22 Section 22. 460.10 (1) (a) of the statutes is amended to read:

AB899,7,11 460.10 (1) (a) Requirements and procedures for a an individual license holder to complete continuing education programs or courses of study to qualify for renewal of his or her license. The rules promulgated under this paragraph may not require a an individual license holder to complete more than 24 hours of continuing education programs or courses of study in order to qualify for renewal of his or her license.

AB899,23 Section 23. 460.10 (2) of the statutes is amended to read:

AB899,7,16 460.10 (2) The affiliated credentialing board may waive all or part of any requirement established in rules promulgated under sub. (1) (a) if it determines that prolonged illness, disability, or other exceptional circumstances have prevented a an individual license holder from completing the requirement.

AB899,24 Section 24. 460.11 of the statutes is amended to read:

AB899,7,21 460.11 Practice requirements. (1) A An individual license holder may not practice massage therapy or bodywork therapy on a client unless the individual license 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.

AB899,8,3 (2) A An individual license holder shall keep confidential any information that a client in confidence gives to the individual license holder and any other information that the individual license holder obtains about a client in the course of practicing massage therapy or bodywork therapy 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.

AB899,8,6 (3) A An individual license holder may not, whether for compensation or not, practice massage therapy or bodywork therapy for a sexually oriented business, as defined by the affiliated credentialing board by rule.

AB899,25 Section 25. 460.12 (1) of the statutes is amended to read:

AB899,8,15 460.12 (1) A An individual license holder or person granted a license under s. 460.135 (3) shall submit a report to the affiliated credentialing board if he or she has reasonable cause to believe that another individual license holder or person granted a license under s. 460.135 (3) 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.

AB899,26 Section 26. 460.13 of the statutes is amended to read:

AB899,8,21 460.13 Advertising. Except as provided in s. 460.03 (1) and (2), a an individual license holder may not advertise that he or she practices massage therapy or bodywork therapy unless the advertisement includes a statement that the individual license holder is a “licensed massage therapist and bodywork therapist" or “licensed massage therapist" or “licensed bodywork therapist."

AB899,27 Section 27. 460.135 of the statutes is created to read:

AB899,9,2 460.135 Establishment license. (1) (a) Except as provided under sub. (2), no person may provide massage therapy or bodywork therapy in a massage therapy or bodywork therapy establishment unless the establishment is licensed under sub. (3).

AB899,9,6 (b) Except as provided under sub. (2), no person may provide massage therapy or bodywork therapy outside of a massage therapy or bodywork therapy establishment unless the massage therapy or bodywork therapy is provided for an out-call massage service that is licensed under sub. (3).

AB899,9,11 (c) Except as provided under sub. (2), no person may operate an out-call massage service or massage therapy or bodywork therapy establishment at which massage therapy or bodywork therapy is provided unless the out-call massage service or massage therapy or bodywork therapy establishment is licensed under sub. (3).

AB899,9,14 (2) No license under sub. (3) is required in order to provide massage therapy or bodywork therapy in a massage therapy or bodywork therapy establishment or for an out-call massage service for any of the following:

AB899,9,16 (a) A business majority owned by a person holding a license under s. 460.05 or who may practice massage therapy or bodywork therapy under s. 460.03 (1).

AB899,9,21 (b) A massage therapy or bodywork therapy school satisfying the requirements under s. 460.095, health care or nursing facility, school or other educational institution, spa, business with an on-site wellness center, establishment licensed to provide cosmetology, aesthetics, electrology, or manicuring under s. 454.08, or barbering establishment licensed under s. 454.25.

AB899,9,25 (3) The affiliated credentialing board shall grant a massage therapy or bodywork therapy establishment license to any person who pays the initial credential fee determined by the department under s. 440.03 (9) (a) and who satisfies the requirements established by the affiliated credentialing board by rule, including proof of ownership of the business that operates the establishment or out-call massage service. Notwithstanding ss. 440.03 (9) (a) and 440.05, the department shall establish a significantly lower initial credential fee for a massage therapy or bodywork therapy establishment or out-call massage service if the establishment or service is owned by a person who owns one or more other licensed massage therapy or bodywork therapy establishments or licensed out-call massage services. A change of ownership of a licensed establishment or licensed out-call massage service shall be reported to the affiliated credentialing board by the new owner within 5 days after the change of ownership.

AB899,10,17 (4) The affiliated credentialing board shall issue a certificate to the owner of a licensed massage therapy or bodywork therapy establishment or licensed out-call massage service, certifying that the establishment or out-call massage service is licensed by the affiliated credentialing board. The owner of a licensed massage therapy or bodywork therapy establishment shall post the certificate in a conspicuous place in the establishment. A person providing massage therapy or bodywork therapy for a licensed out-call massage service shall bring the certificate, or a copy, to the location where massage therapy or bodywork therapy is provided.

AB899,10,25 (5) The renewal date for a massage therapy or bodywork therapy establishment license is specified under s. 440.08 (2) (a), and the renewal fee for a massage therapy or bodywork therapy establishment license is determined by the department under s. 440.03 (9) (a). Notwithstanding ss. 440.03 (9) (a) and 440.05, the department shall establish a significantly lower renewal fee for a massage therapy or bodywork therapy establishment or out-call massage service that is owned by a person who owns one or more other licensed massage therapy or bodywork therapy establishments or licensed out-call massage services.