AB461: Bill Text

AB461,17,16 (c) Advertised in a manner that is false, deceptive or misleading.

AB461,17,17 (d) Advertised, practiced or attempted to practice under another's name.

AB461,17,19 (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.

AB461,17,21 (f) Intentionally made a false statement in a report submitted under s. 460.12 (1).

AB461,17,23 (g) Engaged in unprofessional or unethical conduct in violation of the code of ethics established in rules promulgated under s. 460.04 (2) (a).

AB461,18,2 (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.

AB461,18,3 (i) Committed a crime related to prostitution under ss. 944.30 to 944.34.

AB461,18,4 (j) Violated this chapter or any rule promulgated under this chapter.

AB461,18,7 (3) The examining board may restore a license that has been suspended or revoked on such terms and conditions as the examining board may deem appropriate.

AB461,18,10 460.17 Penalties. (1) Except as provided in sub. (2), any person who violates this chapter or any rule promulgated under this chapter shall forfeit not more than $1,000 for each violation.

AB461,18,13 (2) A person who violates s. 460.02 shall forfeit not more than $500 for each violation. Each day of continued violation of s. 460.02 constitutes a separate violation.

AB461, s. 18 Section 18. 895.48 (1m) (intro.) of the statutes is amended to read:

AB461,18,23 895.48 (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 certified under ch. 448 or, registered nurse licensed under ch. 441 or massage therapist or bodyworker licensed under ch. 460 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:

AB461, s. 19 Section 19. 895.48 (1m) (b) of the statutes is amended to read:

AB461,19,4 895.48 (1m) (b) The physician, chiropractor, dentist, massage therapist or bodyworker, emergency medical technician, physician assistant or registered nurse does not receive compensation for the health care, other than reimbursement for expenses.

AB461, s. 20 Section 20. 908.03 (6m) (a) of the statutes is amended to read:

AB461,19,9 908.03 (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 certified under ch. 448, a massage therapist or bodyworker licensed under ch. 460 or a health care provider as defined in s. 655.001 (8).

AB461, s. 21 Section 21 . Nonstatutory provisions.

AB461,19,11 (1) Initial appointments.

AB461,19,15 (a) Notwithstanding section 15.405 (6r) (a) of the statutes, as created by this act, the initial members of the massage therapy and bodywork examining board shall be appointed by the first day of the 3rd month beginning after the effective date of this paragraph for the following terms:

AB461,19,17 1. Two massage therapist or bodyworker members and one public member, for terms expiring on July 1, 1999.

AB461,19,19 2. One massage therapist or bodyworker member, for a term expiring on July 1, 2000.

AB461,19,21 3. One massage therapist or bodyworker member and one public member, for terms expiring on July 1, 2001.

AB461,19,23 4. One massage therapist or bodyworker member, for a term expiring on July 1, 2002.

AB461,20,3 (b) Notwithstanding section 15.405 (6r) (a) of the statutes, as created by this act, for the purpose of being appointed and serving as members of the massage therapy and bodywork examining board, the members need not be licensed under chapter 460 of the statutes, as created by this act, until the first day of the 15th month beginning after the effective date of this paragraph.

AB461,20,8 (2) Waiver of certain licensure requirements. Notwithstanding section 460.05 (1) of the statutes, as created by this act, the massage therapy and bodywork examining board shall grant a license 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:

AB461,20,11 (a) Submits an application to the examining board on a form approved by the examining board that describes the person's education and his or her experience in the practice of massage therapy and bodywork.

AB461,20,16 (b) Provides evidence satisfactory to the examining board that he or she 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.

AB461,20,17 (c) Pays the fee specified in s. 440.05 (1) of the statutes.

AB461, s. 22 Section 22. Initial applicability.

AB461,20,21 (1)  The treatment of section 146.81 (1) (hp) of the statutes first applies to contracts entered into or renewed by massage therapists or bodyworkers under section 635.272 (1) of the statutes on the effective date of this subsection.

AB461,20,24 (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.

AB461,21,3 (3) The treatment of chapter 460 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.

AB461,21,5 (4)  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.

AB461, s. 23 Section 23. Effective dates. This act takes effect on the first day of the 9th month beginning after publication, except as follows:

AB461,21,9 (1) The treatment of section 15.405 (6r) and Section 21 (1) of this act take effect on the day after publication.

AB461,21,10 (End)