440.977 Change of name. No registrant may practice massage therapy or bodywork in this state under any other given name or any other surname than that under which the person was originally issued a license of registration if the department, after a hearing, finds that using a title under the changed name operates to unfairly compete with another person who practices massage therapy or bodywork or to mislead the public as to identity or to otherwise result in detriment to the profession of massage therapy or bodywork or to the public. This section does not apply to a change of name resulting from marriage or divorce.
440.978 Penalties. (1) Except as provided in sub. (2), a person who violates this subchapter or any rule promulgated under this subchapter shall forfeit not more than $1,000 for each violation.
(2) A person who violates s. 440.971 (1) or a person presenting or attempting to use as his or her own the license of registration of another, or any person who falsely impersonates any other registrant of like or different name, or any person who attempts to use an expired or revoked license of registration, may be fined not less than $100 nor more than $500 or imprisoned for not more than 3 months or both.
440.979 Local regulation. A city, village, town or county may not enact an ordinance that regulates the practice of massage therapy or bodywork by a person who is issued a license of registration by the department under this subchapter. No provision of any ordinance enacted by a city, village, town or county that is in effect before the effective date of this section .... [revisor inserts date], and that relates to the practice of massage therapy or bodywork, may be enforced against a person who is issued a license of registration by the department under this subchapter.
156,13
Section 13
. 895.48 (1m) (intro.) of the statutes is amended to read:
895.48 (1m) (intro.) Any physician licensed under ch. 448, chiropractor licensed under ch. 446, dentist licensed under ch. 447, emergency medical technician licensed under s. 146.50, physician assistant certified under ch. 448 or, registered nurse licensed under ch. 441 or massage therapist or bodyworker issued a license of registration under subch. X of ch. 440 who renders voluntary health care to a participant in an athletic event or contest sponsored by a nonprofit corporation, as defined in s. 46.93 (1m) (c), a private school, as defined in s. 115.001 (3r), a public agency, as defined in s. 46.93 (1m) (e), or a school, as defined in s. 609.655 (1) (c), is immune from civil liability for his or her acts or omissions in rendering that care if all of the following conditions exist:
156,14
Section 14
. 895.48 (1m) (b) of the statutes is amended to read:
895.48 (1m) (b) The physician, chiropractor, dentist, emergency medical technician, physician assistant or
, registered nurse, massage therapist or bodyworker does not receive compensation for the health care, other than reimbursement for expenses.
156,15
Section 15
. 908.03 (6m) (a) of the statutes is amended to read:
908.03 (6m) (a) Definition. In this subsection, “health care provider" means a massage therapist or bodyworker issued a license of registration under subch. X of ch. 440, a chiropractor licensed under ch. 446, a dentist licensed under ch. 447, a physician assistant certified under ch. 448 or a health care provider as defined in s. 655.001 (8).
156,16
Section 16
.
Nonstatutory provisions.
(1) Notwithstanding section 440.973 of the statutes, as created by this act, the department of regulation and licensing shall do each of the following:
(a) Issue a license of registration as a massage therapist or bodyworker to a person who, not later than the last day of the 12th month beginning after the effective date of this paragraph, does all of the following:
1. Submits an application to the department on a form approved by the department that describes the person's education and his or her experience in the practice of massage therapy and bodywork.
2. Passes an oral or written examination administered or approved by the department that determines fitness to practice massage therapy or bodywork, or provides evidence satisfactory to the department that he or she has passed a massage therapy or bodywork examination administered by a national organization that establishes standards for the practice of massage therapy or bodywork and that is recognized by the department.
3. Pays the fee specified in section 440.05 (1) of the statutes.
(b) Issue a license of registration as a massage therapist or bodyworker to a person who, no later than the 6th month beginning after the effective date of this paragraph, does all of the following:
1. Submits an application to the department on a form approved by the department that describes the person's education and his or her experience in the practice of massage therapy or bodywork.
2. Provides evidence satisfactory to the department that he or she satisfies each of the following:
a. Has completed at least 100 classroom hours of instruction in the practice of massage therapy or bodywork or has practiced massage therapy or bodywork for compensation for at least 2 years during the 5-year period immediately preceding the date of the application.
b. Has in effect malpractice liability insurance coverage in an amount that is not less than $1,000,000 per occurrence and $1,000,000 for all occurrences in one year.
3. Pays the fee specified in section 440.05 (1) of the statutes.
(2) A license of registration issued under subsection (1) (a
) may be renewed under section 440.975 of the statutes, as created by this act. A license of registration issued under subsection (1) (b) is valid until 3 years after that date that it is issued and may not be renewed.
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Section 17
.
Initial applicability.
(1) The treatment of section 146.81 (1) (hp) of the statutes first applies to contracts entered into or renewed by registered massage therapists or bodyworkers under section 635.272 (1) of the statutes on the effective date of this subsection.
(2) The treatment of section 146.81 (1) (hp) of the statutes first applies to the use of billing forms specified in section 632.725 (2) (a) of the statutes on the effective date of this subsection.
(3) The treatment of section 895.48 (1m) (intro.) and (b) of the statutes first applies to care rendered on the effective date of this subsection.
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Section 18
.
Effective date.
(1) This act takes effect on the first day of the 9th month beginning after publication.
