1997 - 1998 LEGISLATURE
July 22, 1997 - Introduced by Representatives Harsdorf, Schafer, Robson, Urban,
Wasserman, Nass, Baldwin, Kaufert, Murat, Hanson, Sykora, Porter and J.
Lehman, cosponsored by Senators Plache, Wirch, Weeden, Roessler, George,
C. Potter, Farrow, Burke, Huelsman and A. Lasee. Referred to Committee on
Consumer Affairs.
AB461,1,7
1An Act to amend 15.08 (1m) (b), 50.01 (2), 55.043 (4) (e), 103.10 (1) (e), 146.40
2(1) (d), 146.81 (1) (i) and (j), 252.10 (7), 252.15 (1) (ar) 1., 448.03 (2) (a), 448.10
3(4), 451.02 (1), 895.48 (1m) (intro.), 895.48 (1m) (b) and 908.03 (6m) (a); and
to
4create 15.405 (6r), 146.81 (1) (hp), 180.1901 (1m) (h), 440.08 (2) (a) 46r., 448.21
5(1) (f) and chapter 460 of the statutes;
relating to: the regulation of massage
6therapists and bodyworkers, creating a massage therapy and bodywork
7examining board, granting rule-making authority and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill establishes requirements for the licensure of massage therapists and
bodyworkers. The bill creates a 7-member massage therapy and bodywork
examining board (examining board), attached to the department of regulation and
licensing, to administer and enforce the requirements.
The bill also prohibits, with certain exceptions, a person who is not granted a
license by the examining board from practicing massage therapy or bodywork for
compensation. "Massage therapy or bodywork" is defined as the use of manual
actions to manipulate the soft tissue of the human body for the purpose of improving
circulation, reducing tension, relieving pain or increasing flexibility or the use of an
adjunctive therapy to accomplish such purposes, but the term does not include
making a medical diagnosis. The bill also prohibits a person who is not granted a
license from using a title that represents that he or she is a massage therapist or
bodyworker.
The bill does all of the following with respect to the regulation of massage
therapists and bodyworkers:
1. Specifies the education, training, examination and other requirements and
qualifications needed for licensure as a massage therapist or bodyworker and allows
the examining board to waive any of the requirements if an applicant has
substantially equivalent education, training or other experience. The bill also
permits the examining board to promulgate rules that require a licensed massage
therapist or bodyworker to complete at least 12 hours of continuing education every
2 years.
2. Allows the examining board to grant a temporary massage therapist or
bodyworker license to a person who has applied to take the next available massage
therapist or bodyworker examination and to grant a reciprocal license to a person
who is licensed by another state or territory with licensing requirements that are
substantially equivalent to the requirements of the bill.
3. Requires a massage therapist or bodyworker to obtain the informed consent
of a client and to keep confidential any information that is given to the massage
therapist or bodyworker in confidence by a client.
4. Prohibits a massage therapist or bodyworker from practicing massage
therapy or bodywork at a "sexually oriented business", as defined by rule by the
examining board.
5. Requires a massage therapist or bodyworker to make a report to the
examining board if he or she is convicted of a felony or misdemeanor, or is found to
have committed a violation of state or local law that is punishable by a forfeiture, and
the circumstances of the felony, misdemeanor or violation substantially relate to the
practice of massage therapy or bodywork. The bill also requires a massage therapist
or bodyworker to make a report to the examining board if he or she has reasonable
cause to believe that another massage therapist or bodyworker has committed a
crime relating to prostitution or has had sexual contact or intercourse with a client
and allows the examining board to investigate the report.
6. Allows the examining board to reprimand a person who has been granted a
license or to deny, limit, suspend or revoke a license if a person has engaged in certain
conduct or violated any requirement under the bill. A person who violates the bill's
requirements is subject to a forfeiture of up to $1,000 for each violation, except that
a person who violates the prohibition against practicing massage therapy or
bodywork or using a title without a license is required to pay a forfeiture of up to $500
for each day of violation.
7. Creates exemptions from the bill's requirements for certain persons,
including: a) a massage therapist student who practices, without compensation,
under the on-premises supervision of an instructor; and b) a person who does not
imply that he or she is a massage therapist or bodyworker and who manipulates the
soft tissues of the hands or feet, uses touch or spoken words to increase awareness
of patterns of movements in the human body, or uses his or her hands to influence
energy fields within or around the human body.
The bill also prohibits a city, village, town or county from enacting an ordinance
that regulates the practice of massage therapy or bodywork by a person who is
licensed by the examining board. In addition, a city, village, town or county is allowed
to enact a zoning ordinance that restricts the location of an office in which massage
therapy or bodywork is practiced, but only if the same restrictions also apply to a
physician's office.
Finally, the bill also does all of the following:
1. Makes state law regarding the confidentiality of patient health care records
applicable to records of a massage therapist or bodyworker about his or her clients.
2. Allows massage therapists or bodyworkers to organize and be shareholders
in a health care professional service corporation. Current law allows only certain
other health care providers to organize and be members of such a corporation.
3. Exempts, under certain circumstances, massage therapists or bodyworkers
from civil liability for rendering voluntary care to participants at certain athletic
events and contests. Current law exempts only certain other health care providers
from such liability.
4. Expands the exception to the hearsay rule under current law that applies
to records of certain health care providers so that it also applies to records of massage
therapists or bodyworkers.
5. Expands the applicability of certain requirements under current law
pertaining to subpoenas of health care records so that they also apply to records of
massage therapists and bodyworkers.
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.