SB262-SSA1,13,9 5448.962 Advertising. A massage therapist or bodyworker may not advertise
6that he or she practices massage therapy or bodywork unless the advertisement
7includes his or her certificate number and a statement that the massage therapist
8or bodyworker is a "certified massage therapist and bodyworker" or "certified
9massage therapist" or "certified bodyworker".
SB262-SSA1,13,16 10448.963 Local regulation. (1) A city, village, town or county may not enact
11an ordinance that regulates the practice of massage therapy or bodywork by a person
12who is certified by the affiliated credentialing board under this subchapter. No
13provision of any ordinance enacted by a city, village, town or county that is in effect
14before the effective date of this subsection .... [revisor inserts date], and that relates
15to the practice of massage therapy or bodywork, may be enforced against a person
16who is certified by the affiliated credentialing board under this subchapter.
SB262-SSA1,14,2 17(2) Notwithstanding sub. (1) or s. 59.69 (4), 60.61 (2), 60.62 (1), 61.35, 62.23 (7),
18a city, village, town or county may enact a zoning ordinance that restricts the location
19of an office in which massage therapy or bodywork is practiced by a person certified
20by the affiliated credentialing board under this subchapter only if the same
21restrictions also apply to the location of a physician's office. No provision of any
22zoning ordinance enacted by a city, village, town or county that is in effect before the
23effective date of this subsection .... [revisor inserts date], and that restricts the
24location of an office in which massage therapy or bodywork is practiced by a person

1certified by the affiliated credentialing board under this subchapter, may be enforced
2unless the same restrictions also apply to the location of a physician's office.
SB262-SSA1,14,6 3448.964 Disciplinary proceedings and actions. (1) Subject to the rules
4promulgated under s. 440.03 (1), the affiliated credentialing board may make
5investigations and conduct hearings to determine whether a violation of this
6subchapter or any rule promulgated under this subchapter has occurred.
SB262-SSA1,14,10 7(2) Subject to the rules promulgated under s. 440.03 (1), the affiliated
8credentialing board may reprimand a massage therapist or bodyworker or deny,
9limit, suspend or revoke a certificate under this subchapter if it finds that the
10applicant or certificate holder has done any of the following:
SB262-SSA1,14,1211 (a) Made a material misstatement in an application for a certificate or for
12renewal of a certificate.
SB262-SSA1,14,1513 (b) Subject to ss. 111.321, 111.322 and 111.335, been convicted of an offense the
14circumstances of which substantially relate to the practice of massage therapy or
15bodywork.
SB262-SSA1,14,1616 (c) Advertised in a manner that is false, deceptive or misleading.
SB262-SSA1,14,1717 (d) Advertised, practiced or attempted to practice under another's name.
SB262-SSA1,14,1918 (e) Subject to ss. 111.321, 111.322 and 111.34, practiced massage therapy or
19bodywork while his or her ability to practice was impaired by alcohol or other drugs.
SB262-SSA1,14,2120 (f) Intentionally made a false statement in a report submitted under s. 448.961
21(1).
SB262-SSA1,14,2322 (g) Engaged in unprofessional or unethical conduct in violation of the code of
23ethics established in rules promulgated under s. 448.953 (2) (a).
SB262-SSA1,15,224 (h) Engaged in conduct while practicing massage therapy or bodywork which
25jeopardizes the health, safety or welfare of a client or which evidences a lack of

1knowledge of, inability to apply or the negligent application of, principles or skills of
2massage therapy or bodywork.
SB262-SSA1,15,33 (i) Committed a crime related to prostitution under ss. 944.30 to 944.34.
SB262-SSA1,15,44 (j) Violated this subchapter or any rule promulgated under this subchapter.
SB262-SSA1,15,7 5(3) The affiliated credentialing board may restore a certificate that has been
6suspended or revoked on such terms and conditions as the affiliated credentialing
7board may consider appropriate.
SB262-SSA1,15,10 8448.965 Penalties. (1) Except as provided in sub. (2), any person who violates
9this subchapter or any rule promulgated under this subchapter shall forfeit not more
10than $1,000 for each violation.
SB262-SSA1,15,13 11(2) A person who violates s. 448.951 shall forfeit not more than $500 for each
12separate offense. Each day of continued violation of s. 448.951 constitutes a separate
13offense.
SB262-SSA1, s. 12 14Section 12. 895.48 (1m) (intro.) of the statutes is amended to read:
SB262-SSA1,15,2315 895.48 (1m) (intro.) Any physician licensed under ch. 448, chiropractor
16licensed under ch. 446, dentist licensed under ch. 447, emergency medical technician
17licensed under s. 146.50, physician assistant or massage therapist or bodyworker
18certified under ch. 448 or registered nurse licensed under ch. 441 who renders
19voluntary health care to a participant in an athletic event or contest sponsored by
20a nonprofit corporation, as defined in s. 46.93 (1m) (c), a private school, as defined
21in s. 115.001 (3r), a public agency, as defined in s. 46.93 (1m) (e), or a school, as defined
22in s. 609.655 (1) (c), is immune from civil liability for his or her acts or omissions in
23rendering that care if all of the following conditions exist:
SB262-SSA1, s. 13 24Section 13. 895.48 (1m) (b) of the statutes is amended to read:
SB262-SSA1,16,4
1895.48 (1m) (b) The physician, chiropractor, dentist, emergency medical
2technician, physician assistant, massage therapist, bodyworker or registered nurse
3does not receive compensation for the health care, other than reimbursement for
4expenses.
SB262-SSA1, s. 14 5Section 14. 908.03 (6m) (a) of the statutes is amended to read:
SB262-SSA1,16,96 908.03 (6m) (a) Definition. In this subsection, "health care provider" means
7a chiropractor licensed under ch. 446, a dentist licensed under ch. 447, a physician
8assistant or massage therapist or bodyworker certified under ch. 448 or a health care
9provider as defined in s. 655.001 (8).
SB262-SSA1, s. 15 10Section 15 . Nonstatutory provisions.
SB262-SSA1,16,1111 (1) Initial appointments.
SB262-SSA1,16,1512 (a) Notwithstanding section 15.406 (3) (a) of the statutes, as created by this act,
13the initial members of the massage therapists and bodyworkers affiliated
14credentialing board shall be appointed by the first day of the 3rd month beginning
15after the effective date of this paragraph for the following terms:
SB262-SSA1,16,17 161. Two massage therapist or bodyworker members and one public member, for
17terms expiring on July 1, 1999.
SB262-SSA1,16,19 182. One massage therapist or bodyworker member, for a term expiring on July
191, 2000.
SB262-SSA1,16,21 203. One massage therapist or bodyworker member and one public member, for
21terms expiring on July 1, 2001.
SB262-SSA1,16,23 224. One massage therapist or bodyworker member, for a term expiring on July
231, 2002.
SB262-SSA1,17,324 (b) Notwithstanding section 15.406 (3) (a) of the statutes, as created by this act,
25for the purpose of being appointed and serving as members of the massage therapists

1and bodyworkers affiliated credentialing board, the members need not be certified
2under subchapter V of chapter 448 of the statutes, as created by this act, until the
3first day of the 15th month beginning after the effective date of this paragraph.
SB262-SSA1,17,84 (2) Waiver of certain certification requirements. Notwithstanding section
5448.954 (1) of the statutes, as created by this act, the massage therapists and
6bodyworkers affiliated credentialing board shall grant a certificate as a massage
7therapist or bodyworker to a person who, not later than the last day of the 6th month
8beginning after the effective date of this subsection, does all of the following:
SB262-SSA1,17,119 (a) Submits an application to the affiliated credentialing board on a form
10approved by the affiliated credentialing board that describes the person's education
11and his or her experience in the practice of massage therapy and bodywork.
SB262-SSA1,17,1312 (b) Provides evidence satisfactory to the affiliated credentialing board that he
13or she satisfies each of the following:
SB262-SSA1,17,17 141. Has completed at least 100 classroom hours of instruction in the practice of
15massage therapy or bodywork, or has practiced massage therapy or bodywork for
16compensation for at least 2 years during the 5-year period immediately preceding
17the date of the application.
SB262-SSA1,17,20 182. Has in effect malpractice liability insurance coverage in an amount that is
19not less than $1,000,000 per occurrence and $1,000,000 for all occurrences in one
20year.
SB262-SSA1,17,2121 (c) Pays the fee specified in section 440.05 (1) of the statutes.
SB262-SSA1, s. 16 22Section 16. Initial applicability.
SB262-SSA1,17,2523 (1)  The treatment of section 146.81 (1) (eg) of the statutes first applies to the
24use of billing forms specified in section 632.725 (2) (a) of the statutes on the effective
25date of this subsection.
SB262-SSA1,18,3
1(2) The treatment of subchapter V of chapter 448 of the statutes first applies
2to crimes relating to prostitution that are committed on, and sexual contact or sexual
3intercourse that occurs on, the effective date of this subsection.
SB262-SSA1,18,54 (3) The treatment of section 895.48 (1m) (intro.) and (b) of the statutes first
5applies to care rendered on the effective date of this subsection.
SB262-SSA1, s. 17 6Section 17. Effective dates. This act takes effect on the first day of the 9th
7month beginning after publication, except as follows:
SB262-SSA1,18,98 (1) The treatment of section 15.406 (3) of the statutes and Section 15 (1 ) of this
9act take effect on the day after publication.
Loading...
Loading...