LRBs0281/4
MDK:jlg:km
1997 - 1998 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 1997 ASSEMBLY BILL 461
February 26, 1998 - Offered by
Committee on Consumer Affairs.
AB461-ASA1,1,7
1An Act to renumber 180.1901 (1m) (a);
to amend 50.01 (2), 103.10 (1) (e), 146.40
2(1) (d), 146.81 (1) (i) and (j), 252.10 (7), 252.15 (1) (ar) 1., 440.042 (1), 895.48 (1m)
3(intro.), 895.48 (1m) (b) and 908.03 (6m) (a); and
to create 146.81 (1) (hp),
4180.1901 (1m) (ag), 440.08 (2) (a) 67q. and subchapter X of chapter 440
5[precedes 440.97] of the statutes;
relating to: registration of massage
6therapists and bodyworkers, granting rule-making authority and providing a
7penalty.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB461-ASA1,2,49
50.01
(2) "Nurse's assistant" means a person who performs routine patient care
10duties delegated by a registered nurse or licensed practical nurse who supervises the
11person, for the direct health care of a patient or resident. "Nurse's assistant" does
1not mean a person who is licensed, permitted, certified or registered under
subch. X
2of ch. 440 or ch. 441, 448, 449, 450, 451, 455 or 459 or a person whose duties primarily
3involve skills that are different than those taught in instructional programs for
4nurse's assistants.
AB461-ASA1,2,76
103.10
(1) (e) "Health care provider" means a person described under s. 146.81
7(1)
, but does not include a person described under s. 146.81 (1) (hp).
AB461-ASA1,2,179
146.40
(1) (d) "Nurse's assistant" means an individual who performs routine
10patient care duties delegated by a registered nurse or licensed practical nurse who
11supervises the individual, for the direct health care of a patient or resident. "Nurse's
12assistant" does not mean an individual who is licensed, permitted, certified or
13registered under
subch. X of ch. 440 or ch. 441, 448, 449, 450, 451, 455 or 459 or an
14individual whose duties primarily involve skills that are different than those taught
15in instructional and competency evaluation programs for nurse's assistants certified
16under sub. (3) or evaluated by competency evaluation programs for nurse's
17assistants approved under sub. (3m).
AB461-ASA1, s. 4
18Section
4. 146.81 (1) (hp) of the statutes is created to read:
AB461-ASA1,2,2019
146.81
(1) (hp) A massage therapist or bodyworker issued a license of
20registration under subch. X of ch. 440.
AB461-ASA1, s. 5
21Section
5. 146.81 (1) (i) and (j) of the statutes are amended to read:
AB461-ASA1,2,2322
146.81
(1) (i) A partnership of any providers specified under pars. (a) to
(hm) 23(hp).
AB461-ASA1,2,2524
(j) A corporation or limited liability company of any providers specified under
25pars. (a) to
(hm) (hp) that provides health care services.
AB461-ASA1, s. 6
1Section
6. 180.1901 (1m) (a) of the statutes is renumbered 180.1901 (1m) (ar).
AB461-ASA1, s. 7
2Section
7. 180.1901 (1m) (ag) of the statutes is created to read:
AB461-ASA1,3,43
180.1901
(1m) (ag) The department of regulation and licensing under subch.
4X of ch. 440.
AB461-ASA1,3,167
252.10
(7) Drugs necessary for the treatment of mycobacterium tuberculosis
8shall be purchased by the department from the appropriation under s. 20.435 (5) (e)
9and dispensed to patients through the public health dispensaries or through health
10care providers, as defined in s. 146.81 (1), other than
massage therapists or
11bodyworkers issued a license of registration under subch. X of ch. 440, social workers,
12marriage and family therapists or professional counselors certified under ch. 457,
13speech-language pathologists or audiologists licensed under subch. II of ch. 459,
14speech and language pathologists licensed by the department of public instruction
15or, on or after July 1, 1995, and no later than June 30, 1999, dietitians certified under
16subch. IV of ch. 448.
AB461-ASA1, s. 9
17Section
9. 252.15 (1) (ar) 1. of the statutes is amended to read:
AB461-ASA1,3,2018
252.15
(1) (ar) 1. A person or entity that is specified in s. 146.81 (1)
, but does
19not include a massage therapist or bodyworker issued a license of registration under
20subch. X of ch. 440.
AB461-ASA1,4,522
440.042
(1) The secretary may appoint persons or advisory committees to
23advise the department and the boards, examining boards and affiliated
24credentialing boards in the department on matters relating to the regulation of
25credential holders.
The secretary shall appoint an advisory committee to advise the
1department on matters relating to carrying out the duties specified in s. 440.972 and
2making investigations, conducting hearings and taking disciplinary action under s.
3440.976. A person or an advisory committee member appointed under this
4subsection shall serve without compensation, but may be reimbursed for his or her
5actual and necessary expenses incurred in the performance of his or her duties.
AB461-ASA1, s. 11
6Section
11. 440.08 (2) (a) 67q. of the statutes is created to read:
AB461-ASA1,4,87
440.08
(2) (a) 67q. Registered massage therapist or bodyworker: March 1 of
8each odd-numbered year; $41.
AB461-ASA1, s. 12
9Section
12. Subchapter X of chapter 440 [precedes 440.97] of the statutes is
10created to read:
AB461-ASA1,4,1412
Subchapter X
13
Registry of massage therapists
14
and bodyworkers
AB461-ASA1,4,15
15440.97 Definitions. In this subchapter:
AB461-ASA1,4,18
16(1) "Adjunctive therapy" includes the use of a device that simulates or enhances
17a manual action; the application of heat, cold, water, a mild abrasive or a topical
18preparation; and heliotherapy.
AB461-ASA1,4,21
19(2) "Manual action" includes holding, positioning, rocking, kneading,
20compressing, decompressing, gliding or percussing the soft tissue of the human body
21and applying friction to soft tissue.
AB461-ASA1,4,23
22(3) "Massage therapist or bodyworker" means a person who engages in
23massage therapy or bodywork.
AB461-ASA1,4,24
24(4) "Massage therapy or bodywork":
AB461-ASA1,5,6
1(a) Means the science and healing art that uses manual actions to palpate and
2manipulate the soft tissue of the human body, and adjunctive therapies, to improve
3circulation, reduce tension, relieve soft tissue pain, or increase flexibility, and
4includes determining whether massage therapy or bodywork is appropriate or
5contraindicated, or whether a referral to another health care practitioner is
6appropriate.
AB461-ASA1,5,77
(b) Does not include making a medical diagnosis.
AB461-ASA1,5,9
8(5) "Registrant" means a person who is issued a license of registration under
9this subchapter.
AB461-ASA1,5,15
10440.9705 Applicability. This subchapter does not apply to a person holding
11a license, permit, registration or certification granted by this state or the federal
12government who engages in the practice of massage therapy or bodywork within the
13scope of his or her license, permit, registration or certification and who does not use
14any title or description that implies that he or she is registered under this subchapter
15or represent himself or herself to be registered under this subchapter.
AB461-ASA1,5,21
16440.971 Use of title. (1) No person may use the title "Wisconsin registered
17massage therapist and bodyworker", "Wisconsin registered massage therapist" or
18"Wisconsin registered bodyworker", use any title or description that implies that he
19or she is registered under this subchapter or represent himself or herself to be
20registered under this subchapter unless the person has been issued a license of
21registration as a massage therapist or bodyworker under this subchapter.
AB461-ASA1,5,23
22(2) This subchapter does not prohibit a person who is not a registrant from
23engaging in the practice of massage therapy or bodywork.
AB461-ASA1,5,25
24440.972 Duties of department. (1) The department shall do all of the
25following:
AB461-ASA1,6,3
1(a) Promulgate rules establishing requirements and standards for the practice
2of massage therapy or bodywork by a registrant, including a code of ethics that
3governs a registrant's practice of massage therapy or bodywork.
AB461-ASA1,6,84
(b) Promulgate rules establishing the education, training or competency
5requirements that a person must satisfy in order to be issued a license of registration
6under this subchapter. The rules may require a person to pass an examination,
7administered or approved by the department, to determine fitness to practice
8massage therapy or bodywork.
AB461-ASA1,6,139
(c) Establish and update on at least a bimonthly basis a registry of persons who
10are issued a license of registration under this subchapter. The department shall
11make the registry available for public inspection and copying and in any other
12manner that, as determined by the department, facilitates public access to the
13registry.
AB461-ASA1,6,16
14(2) The department may promulgate rules that establish continuing education
15requirements that a person must satisfy to be eligible to renew a license of
16registration that is issued under this subchapter.
AB461-ASA1,6,19
17440.973 Registration requirements. The department shall issue a license
18of registration as a massage therapist or bodyworker to a person who does all of the
19following:
AB461-ASA1,6,21
20(1) Submits an application for the license to the department on a form provided
21by the department.
AB461-ASA1,6,22
22(2) Pays the fee specified in s. 440.05 (1).
AB461-ASA1,6,24
23(3) Subject to ss. 111.321, 111.322 and 111.335, submits evidence satisfactory
24to the department that he or she does not have an arrest or conviction record.
AB461-ASA1,7,2
1(4) Submits evidence satisfactory to the department that he or she satisfies the
2requirements established in rules promulgated under s. 440.972 (1) (b).
AB461-ASA1,7,6
3(5) Submits evidence satisfactory to the department that he or she has liability
4insurance in an amount approved by the department that is not less than $50,000
5or that he or she qualifies as a self-insurer on such terms and conditions as the
6department considers appropriate.
AB461-ASA1,7,11
7440.974 Reciprocal registration. Upon application and payment of the fee
8specified in s. 440.05 (2), the department may issue a license of registration as a
9massage therapist or bodyworker to a person who has been issued a similar license,
10registration or certificate by another state or territory of the United States or another
11country if all of the following apply: