Amendment SSA1-SB262

SB262-SSA1,13,9 448.962 Advertising. A massage therapist or bodyworker may not advertise that he or she practices massage therapy or bodywork unless the advertisement includes his or her certificate number and a statement that the massage therapist or bodyworker is a "certified massage therapist and bodyworker" or "certified massage therapist" or "certified bodyworker".

SB262-SSA1,13,16 448.963 Local regulation. (1) 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 certified by the affiliated credentialing board 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 subsection .... [revisor inserts date], and that relates to the practice of massage therapy or bodywork, may be enforced against a person who is certified by the affiliated credentialing board under this subchapter.

SB262-SSA1,14,2 (2) Notwithstanding sub. (1) or s. 59.69 (4), 60.61 (2), 60.62 (1), 61.35, 62.23 (7), a city, village, town or county may enact a zoning ordinance that restricts the location of an office in which massage therapy or bodywork is practiced by a person certified by the affiliated credentialing board under this subchapter only if the same restrictions also apply to the location of a physician's office. No provision of any zoning ordinance enacted by a city, village, town or county that is in effect before the effective date of this subsection .... [revisor inserts date], and that restricts the location of an office in which massage therapy or bodywork is practiced by a person certified by the affiliated credentialing board under this subchapter, may be enforced unless the same restrictions also apply to the location of a physician's office.

SB262-SSA1,14,6 448.964 Disciplinary proceedings and actions. (1) Subject to the rules promulgated under s. 440.03 (1), the affiliated credentialing board may make investigations and conduct hearings to determine whether a violation of this subchapter or any rule promulgated under this subchapter has occurred.

SB262-SSA1,14,10 (2) Subject to the rules promulgated under s. 440.03 (1), the affiliated credentialing board may reprimand a massage therapist or bodyworker or deny, limit, suspend or revoke a certificate under this subchapter if it finds that the applicant or certificate holder has done any of the following:

SB262-SSA1,14,12 (a) Made a material misstatement in an application for a certificate or for renewal of a certificate.

SB262-SSA1,14,15 (b) Subject to ss. 111.321, 111.322 and 111.335, been convicted of an offense the circumstances of which substantially relate to the practice of massage therapy or bodywork.

SB262-SSA1,14,16 (c) Advertised in a manner that is false, deceptive or misleading.

SB262-SSA1,14,17 (d) Advertised, practiced or attempted to practice under another's name.

SB262-SSA1,14,19 (e) Subject to ss. 111.321, 111.322 and 111.34, practiced massage therapy or bodywork while his or her ability to practice was impaired by alcohol or other drugs.

SB262-SSA1,14,21 (f) Intentionally made a false statement in a report submitted under s. 448.961 (1).

SB262-SSA1,14,23 (g) Engaged in unprofessional or unethical conduct in violation of the code of ethics established in rules promulgated under s. 448.953 (2) (a).

SB262-SSA1,15,2 (h) Engaged in conduct while practicing massage therapy or bodywork which jeopardizes the health, safety or welfare of a client or which evidences a lack of knowledge of, inability to apply or the negligent application of, principles or skills of massage therapy or bodywork.

SB262-SSA1,15,3 (i) Committed a crime related to prostitution under ss. 944.30 to 944.34.

SB262-SSA1,15,4 (j) Violated this subchapter or any rule promulgated under this subchapter.

SB262-SSA1,15,7 (3) The affiliated credentialing board may restore a certificate that has been suspended or revoked on such terms and conditions as the affiliated credentialing board may consider appropriate.

SB262-SSA1,15,10 448.965 Penalties. (1) Except as provided in sub. (2), any person who violates this subchapter or any rule promulgated under this subchapter shall forfeit not more than $1,000 for each violation.

SB262-SSA1,15,13 (2) A person who violates s. 448.951 shall forfeit not more than $500 for each separate offense. Each day of continued violation of s. 448.951 constitutes a separate offense.

SB262-SSA1, s. 12 Section 12. 895.48 (1m) (intro.) of the statutes is amended to read:

SB262-SSA1,15,23 895.48 (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 or massage therapist or bodyworker certified under ch. 448 or registered nurse licensed under ch. 441 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:

SB262-SSA1, s. 13 Section 13. 895.48 (1m) (b) of the statutes is amended to read:

SB262-SSA1,16,4 895.48 (1m) (b) The physician, chiropractor, dentist, emergency medical technician, physician assistant, massage therapist, bodyworker or registered nurse does not receive compensation for the health care, other than reimbursement for expenses.

SB262-SSA1, s. 14 Section 14. 908.03 (6m) (a) of the statutes is amended to read:

SB262-SSA1,16,9 908.03 (6m) (a) Definition. In this subsection, "health care provider" means a chiropractor licensed under ch. 446, a dentist licensed under ch. 447, a physician assistant or massage therapist or bodyworker certified under ch. 448 or a health care provider as defined in s. 655.001 (8).

SB262-SSA1, s. 15 Section 15 . Nonstatutory provisions.

SB262-SSA1,16,11 (1) Initial appointments.

SB262-SSA1,16,15 (a) Notwithstanding section 15.406 (3) (a) of the statutes, as created by this act, the initial members of the massage therapists and bodyworkers affiliated credentialing board shall be appointed by the first day of the 3rd month beginning after the effective date of this paragraph for the following terms:

SB262-SSA1,16,17 1. Two massage therapist or bodyworker members and one public member, for terms expiring on July 1, 1999.

SB262-SSA1,16,19 2. One massage therapist or bodyworker member, for a term expiring on July 1, 2000.

SB262-SSA1,16,21 3. One massage therapist or bodyworker member and one public member, for terms expiring on July 1, 2001.

SB262-SSA1,16,23 4. One massage therapist or bodyworker member, for a term expiring on July 1, 2002.

SB262-SSA1,17,3 (b) Notwithstanding section 15.406 (3) (a) of the statutes, as created by this act, for the purpose of being appointed and serving as members of the massage therapists and bodyworkers affiliated credentialing board, the members need not be certified under subchapter V of chapter 448 of the statutes, as created by this act, until the first day of the 15th month beginning after the effective date of this paragraph.

SB262-SSA1,17,8 (2) Waiver of certain certification requirements. Notwithstanding section 448.954 (1) of the statutes, as created by this act, the massage therapists and bodyworkers affiliated credentialing board shall grant a certificate as a massage therapist or bodyworker to a person who, not later than the last day of the 6th month beginning after the effective date of this subsection, does all of the following:

SB262-SSA1,17,11 (a) Submits an application to the affiliated credentialing board on a form approved by the affiliated credentialing board that describes the person's education and his or her experience in the practice of massage therapy and bodywork.

SB262-SSA1,17,13 (b) Provides evidence satisfactory to the affiliated credentialing board that he or she satisfies each of the following:

SB262-SSA1,17,17 1. 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.

SB262-SSA1,17,20 2. 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.

SB262-SSA1,17,21 (c) Pays the fee specified in section 440.05 (1) of the statutes.

SB262-SSA1, s. 16 Section 16. Initial applicability.

SB262-SSA1,17,25 (1)  The treatment of section 146.81 (1) (eg) 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.

SB262-SSA1,18,3 (2) The treatment of subchapter V of chapter 448 of the statutes first applies to crimes relating to prostitution that are committed on, and sexual contact or sexual intercourse that occurs on, the effective date of this subsection.

SB262-SSA1,18,5 (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.

SB262-SSA1, s. 17 Section 17. Effective dates. This act takes effect on the first day of the 9th month beginning after publication, except as follows:

SB262-SSA1,18,9 (1) The treatment of section 15.406 (3) of the statutes and Section 15 (1 ) of this act take effect on the day after publication.

SB262-SSA1,18,10 (End)