For further information see the state and local 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:
AB461, s. 1
1Section
1. 15.08 (1m) (b) of the statutes is amended to read:
AB461,4,32
15.08
(1m) (b) The public members of the chiropractic examining board, the
3dentistry examining board, the hearing and speech examining board,
the massage
4therapy and bodywork examining board, the medical examining board, podiatry
5examining council, occupational therapy examining council, respiratory care
6practitioners examining council and council on physician assistants, the board of
7nursing, the nursing home administrator examining board, the veterinary
8examining board, the optometry examining board, the pharmacy examining board,
9the examining board of social workers, marriage and family therapists and
1professional counselors and the psychology examining board shall not be engaged in
2any profession or occupation concerned with the delivery of physical or mental health
3care.
AB461, s. 2
4Section
2. 15.405 (6r) of the statutes is created to read:
AB461,4,85
15.405
(6r) Massage therapy and bodywork examining board. (a) There is
6created a massage therapy and bodywork examining board in the department of
7regulation and licensing. The examining board shall consist of the following
8members appointed for 4-year terms:
AB461,4,119
1. Five massage therapists or bodyworkers who are licensed under ch. 460 and
10have engaged in the practice of massage therapy or bodywork for at least 2 years
11preceding appointment.
AB461,4,1212
2. Two public members.
AB461,4,1513
(b) In appointing members under par. (a), the governor shall ensure, to the
14maximum extent practicable, that the membership of the board is diverse, based on
15all of the following factors:
AB461,4,1616
1. Massage or bodywork therapies practiced in this state.
AB461,4,1817
2. Affiliation and nonaffiliation with a professional association for the practice
18of massage therapy or bodywork.
AB461,4,2019
3. Professional associations with which massage therapists or bodyworkers in
20this state are affiliated.
AB461,4,2121
4. Practice in urban and rural areas in this state.
AB461, s. 3
22Section
3. 50.01 (2) of the statutes is amended to read:
AB461,5,323
50.01
(2) "Nurse's assistant" means a person who performs routine patient care
24duties delegated by a registered nurse or licensed practical nurse who supervises the
25person, 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 ch. 441,
2448, 449, 450, 451, 455
or, 459
or 460 or a person whose duties primarily involve skills
3that are different than those taught in instructional programs for nurse's assistants.
AB461, s. 4
4Section
4. 55.043 (4) (e) of the statutes is amended to read:
AB461,5,85
55.043
(4) (e) Refer the case to the department of regulation and licensing or
6the appropriate examining board if the abuse, neglect or misappropriation of
7property involves an individual who is required to be licensed, permitted, certified
8or registered under chs. 440 to
459 460.
AB461, s. 5
9Section
5. 103.10 (1) (e) of the statutes is amended to read:
AB461,5,1110
103.10
(1) (e) "Health care provider" means a person described under s. 146.81
11(1)
, but does not include a person described under s. 146.81 (1) (hp).
AB461, s. 6
12Section
6. 146.40 (1) (d) of the statutes is amended to read:
AB461,5,2113
146.40
(1) (d) "Nurse's assistant" means an individual who performs routine
14patient care duties delegated by a registered nurse or licensed practical nurse who
15supervises the individual, for the direct health care of a patient or resident. "Nurse's
16assistant" does not mean an individual who is licensed, permitted, certified or
17registered under ch. 441, 448, 449, 450, 451, 455
or, 459
or 460 or an individual whose
18duties primarily involve skills that are different than those taught in instructional
19and competency evaluation programs for nurse's assistants certified under sub. (3)
20or evaluated by competency evaluation programs for nurse's assistants approved
21under sub. (3m).
AB461, s. 7
22Section
7. 146.81 (1) (hp) of the statutes is created to read:
AB461,5,2323
146.81
(1) (hp) A massage therapist or bodyworker licensed under ch. 460.
AB461, s. 8
24Section
8. 146.81 (1) (i) and (j) of the statutes are amended to read:
AB461,6,2
1146.81
(1) (i) A partnership of any providers specified under pars. (a) to
(hm) 2(hp).
AB461,6,43
(j) A corporation or limited liability company of any providers specified under
4pars. (a) to
(hm) (hp) that provides health care services.
AB461, s. 9
5Section
9. 180.1901 (1m) (h) of the statutes is created to read:
AB461,6,76
180.1901
(1m) (h) Massage therapy and bodywork examining board under ch.
7460.
AB461, s. 10
8Section
10. 252.10 (7) of the statutes is amended to read:
AB461,6,189
252.10
(7) Drugs necessary for the treatment of mycobacterium tuberculosis
10shall be purchased by the department from the appropriation under s. 20.435 (1) (e)
11and dispensed to patients through the public health dispensaries or through health
12care providers, as defined in s. 146.81 (1), other than social workers, marriage and
13family therapists or professional counselors certified under ch. 457,
14speech-language pathologists or audiologists licensed under subch. II of ch. 459,
15speech and language pathologists licensed by the department of
education public
16instruction, massage therapists or bodyworkers licensed under ch. 460 or, on or after
17July 1, 1995, and no later than June 30, 1999, dietitians certified under subch. IV of
18ch. 448.
AB461, s. 11
19Section
11. 252.15 (1) (ar) 1. of the statutes is amended to read:
AB461,6,2120
252.15
(1) (ar) 1. A person or entity that is specified in s. 146.81 (1)
, but not a
21massage therapist or bodyworker licensed under ch. 460.
AB461, s. 12
22Section
12. 440.08 (2) (a) 46r. of the statutes is created to read:
AB461,6,2423
440.08
(2) (a) 46r. Massage therapist or bodyworker: July 1 of each
24even-numbered year; $41.
AB461, s. 13
25Section
13. 448.03 (2) (a) of the statutes is amended to read:
AB461,7,7
1448.03
(2) (a) Any person lawfully practicing within the scope of a license,
2permit, registration, certificate or certification granted to practice professional or
3practical nursing or nurse-midwifery under ch. 441, to practice chiropractic under
4ch. 446, to practice dentistry or dental hygiene under ch. 447, to practice optometry
5under ch. 449, to practice acupuncture under ch. 451
, to practice massage therapy
6or bodywork under ch. 460 or under any other statutory provision, or as otherwise
7provided by statute.
AB461, s. 14
8Section
14. 448.10 (4) of the statutes is amended to read:
AB461,7,229
448.10
(4) Massage and hydrotherapy.
Any Notwithstanding s. 460.02, any 10person who, on July 11, 1953, was practicing massage and hydrotherapy in this state
11under a certificate of registration issued pursuant to s. 147.185, 1951 stats., as it
12existed prior to July 11, 1953, or who had applied for a certificate of registration in
13massage and hydrotherapy before said date, shall have the right to continue to so
14practice under such certificate, and the term "massage and hydrotherapy" shall be
15deemed to include the use of galvanic generator, diathermy, infrared ray and
16ultraviolet light for massage purposes. Nothing contained in this subsection shall
17limit the existing authority of the board to revoke such certificate for cause, and in
18addition, the board may require the holder of such certificate to demonstrate by
19examination fitness to use the instrumentalities enumerated in this subsection. A
20lack of such fitness shall constitute cause for revocation of such certificate. No such
21certificate holder shall treat a specific disease except on the advice of a licensed
22physician.
AB461, s. 15
23Section
15. 448.21 (1) (f) of the statutes is created to read:
AB461,7,2524
448.21
(1) (f) The practice of massage therapy or bodywork within the meaning
25of ch. 460.
AB461, s. 16
1Section
16. 451.02 (1) of the statutes is amended to read:
AB461,8,42
451.02
(1) An individual holding a license, permit or certificate under ch. 441,
3446, 447, 448
or, 449
or 460 who engages in a practice of acupuncture that is also
4included within the scope of his or her license, permit or certificate.
AB461, s. 17
5Section
17. Chapter 460 of the statutes is created to read:
AB461,8,86
Chapter 460
7
Massage therapy and bodywork
8
examining board
AB461,8,9
9460.01 Definitions. In this chapter:
AB461,8,12
10(1) "Adjunctive therapy" includes the use of a device that simulates or enhances
11a manual action; the application of heat, cold, water, a mild abrasive or a topical
12preparation; and heliotherapy.
AB461,8,14
13(2) "Examining board" means the massage therapy and bodywork examining
14board.
AB461,8,17
15(3) "Manual action" includes holding, positioning, rocking, kneading,
16compressing, decompressing, gliding or percussing the soft tissue of the human body
17and applying friction to soft tissue.
AB461,8,19
18(4) "Massage therapist or bodyworker" means a person who is licensed as a
19massage therapist or bodyworker under this chapter.
AB461,8,20
20(5) "Massage therapy or bodywork":
AB461,9,221
(a) Means the science and healing art that uses manual actions to palpate and
22manipulate the soft tissue of the human body, and adjunctive therapies, to improve
23circulation, reduce tension, relieve soft tissue pain, or increase flexibility, and
24includes determining whether massage therapy or bodywork is appropriate or
1contraindicated, or whether a referral to another health care practitioner is
2appropriate.
AB461,9,33
(b) Does not include making a medical diagnosis.
AB461,9,4
4(6) "Physician's office" has the meaning given in s. 101.123 (1) (dg).
AB461,9,5
5(7) "Sexual contact" has the meaning given in s. 939.22 (34).
AB461,9,6
6(8) "Sexual intercourse" has the meaning given in s. 948.01 (7) (a).
AB461,9,14
7460.02 License required. Except as provided in s. 460.03, no person may
8practice massage therapy or bodywork for compensation or in the expectation of
9compensation, or designate himself or herself as a massage therapist or bodyworker,
10or use or assume the title "massage therapist and bodyworker" or "massage
11therapist" or "bodyworker", or append to the person's name the letters "M. T.", "L. M.
12T.", "B. W." or "L. B. W.", or use any other title or designation which represents or may
13tend to represent the person as a massage therapist or bodyworker, unless the person
14is licensed under this chapter.
AB461,9,16
15460.03 Applicability. A license under this chapter is not required for any of
16the following:
AB461,9,20
17(1) A person holding a license, permit, registration or certification granted by
18this state or the federal government who engages in a practice of massage therapy
19or bodywork within the scope of his or her license, permit, registration or certification
20and who does not imply that he or she is a massage therapist or bodyworker.
AB461,9,23
21(2) A massage therapy or bodywork student practicing massage therapy or
22bodywork, without compensation, within the scope of the student's education or
23training, and under the on-premises supervision of an instructor.
AB461,9,25
24(3) A massage therapist or bodyworker who is licensed to practice massage
25therapy or bodywork in another state or country and is providing a consultation to
1or demonstration with a massage therapist or bodyworker who is licensed under this
2chapter.
AB461,10,4
3(4) A person who does any of the following and who does not imply that he or
4she is a massage therapist or bodyworker:
AB461,10,55
(a) Restricts his or her manipulation of soft tissue to the hands or feet.
AB461,10,76
(b) Uses touch or spoken words to increase awareness of existing or potential
7patterns of movement in the human body.
AB461,10,98
(c) Uses a laying on of hands to influence energy fields within or around the
9human body.
AB461,10,11
10460.04 Duties of examining board. (1) The examining board shall assign
11a unique license number to each person licensed under this chapter.
AB461,10,13
12(2) The examining board shall promulgate rules that establish all of the
13following:
AB461,10,1614
(a) A code of ethics that governs the professional conduct of massage therapists
15or bodyworkers. The code of ethics shall prohibit a massage therapist or bodyworker
16from having sexual contact or sexual intercourse with a client.
AB461,10,2017
(b) Criteria for approving a school of massage therapy or bodywork from which
18graduation is required under s. 460.05 (1) (e) 1. Rules promulgated under this
19paragraph shall define the curricula and qualifications of instructors that are
20required for approval of a school.
AB461,10,2421
(c) Criteria for approving the courses of instruction required under s. 460.05
22(1) (e) 2. and 3. Rules promulgated under this paragraph shall require the course of
23instruction required under s. 460.05 (1) (e) 3. to consist of at least 500 classroom
24hours.
AB461,11,2
1(d) Requirements and procedures for obtaining the informed consent of a client
2under s. 460.11 (1) and for making a report required under s. 460.12 (1).
AB461,11,33
(e) A definition of "sexually oriented business" for purposes of s. 460.11 (3).
AB461,11,44
(f) A definition of "laying on of hands" for purposes of s. 460.03 (4) (c).
AB461,11,7
5460.05 Licensure of massage therapists or bodyworkers.
(1) The
6examining board shall grant a license as a massage therapist or bodyworker to a
7person who satisfies all of the following:
AB461,11,88
(a) Is 18 years of age or older.
AB461,11,119
(b) Has graduated from high school or attained high school graduation
10equivalency as determined by the department of public instruction under s. 115.29
11(4).
AB461,11,1312
(c) Submits an application for the license to the department on a form provided
13by the department.
AB461,11,1414
(d) Pays the fee specified in s. 440.05 (1).
AB461,11,1615
(e) Except as provided in sub. (2), submits evidence satisfactory to the
16examining board that he or she has done all of the following:
AB461,11,1817
1. Graduated from a school of massage therapy or bodywork approved under
18s. 38.51.
AB461,11,2119
2. Completed at least 6 classroom hours in the laws of this state and rules of
20the examining board relating to the practice of massage therapy or bodywork in a
21course of instruction approved by the examining board.
AB461,11,2422
3. Completed a minimum number of classroom hours, established by the
23examining board by rule, in a course of instruction in the principles and techniques
24of massage therapy or bodywork that is approved by the examining board.
AB461,11,2525
(f) Passes an examination under s. 460.06.
AB461,12,4
1(2) The examining board may waive a requirement specified in sub. (1) (e) if
2a person establishes, to the satisfaction of the examining board, that he or she has
3education, training or other experience that is substantially equivalent to the
4requirement.
AB461,12,7
5460.06 Examination. (1) The examining board shall conduct or arrange for
6examinations for massage therapist or bodyworker licensure at least semiannually
7and at times and places determined by the examining board.
AB461,12,10
8(2) Examinations shall consist of written or oral tests, or both, requiring
9applicants to demonstrate minimum competency in subjects substantially related to
10the practice of massage therapy or bodywork.
AB461,12,15
11460.07 Issuance of license; expiration and renewal. (1) The department
12shall issue a certificate of licensure to each person who is licensed under this chapter.
13The person shall conspicuously display the certificate in the place of business where
14he or she practices massage therapy or bodywork so that the certificate can easily be
15seen and read.
AB461,12,20
16(2) The renewal dates for licenses granted under this chapter, other than
17temporary licenses granted under s. 460.08, are specified under s. 440.08 (2) (a).
18Renewal applications shall be submitted to the department on a form provided by the
19department and shall include the renewal fee specified in s. 440.08 (2) (a) and, if
20applicable, proof of completion of continuing education under s. 460.10.
AB461,13,2
21460.08 Temporary license. Upon application and payment of the fee
22specified in s. 440.05 (6), the examining board may grant a temporary massage
23therapist or bodyworker license to a person who satisfies the requirements under s.
24460.05 (1) (a) to (e), has submitted an application to take the next available
25examination under s. 460.06 and has not previously failed the examination. A
1temporary license granted under this section shall expire on the date on which the
2person receives the results of the examination and may not be renewed.