SB262: Bill Text

SB262, s. 2 Section 2. 15.405 (6r) of the statutes is created to read:

SB262,4,8 15.405 (6r) Massage therapy and bodywork examining board. (a) There is created a massage therapy and bodywork examining board in the department of regulation and licensing. The examining board shall consist of the following members appointed for 4-year terms:

SB262,4,11 1. Five massage therapists or bodyworkers who are licensed under ch. 460 and have engaged in the practice of massage therapy or bodywork for at least 2 years preceding appointment.

SB262,4,12 2. Two public members.

SB262,4,15 (b) In appointing members under par. (a), the governor shall ensure, to the maximum extent practicable, that the membership of the board is diverse, based on all of the following factors:

SB262,4,16 1. Massage or bodywork therapies practiced in this state.

SB262,4,18 2. Affiliation and nonaffiliation with a professional association for the practice of massage therapy or bodywork.

SB262,4,20 3. Professional associations with which massage therapists or bodyworkers in this state are affiliated.

SB262,4,21 4. Practice in urban and rural areas in this state.

SB262, s. 3 Section 3. 50.01 (2) of the statutes is amended to read:

SB262,5,3 50.01 (2) "Nurse's assistant" means a person who performs routine patient care duties delegated by a registered nurse or licensed practical nurse who supervises the person, for the direct health care of a patient or resident. "Nurse's assistant" does not mean a person who is licensed, permitted, certified or registered under ch. 441, 448, 449, 450, 451, 455 or, 459 or 460 or a person whose duties primarily involve skills that are different than those taught in instructional programs for nurse's assistants.

SB262, s. 4 Section 4. 55.043 (4) (e) of the statutes is amended to read:

SB262,5,8 55.043 (4) (e) Refer the case to the department of regulation and licensing or the appropriate examining board if the abuse, neglect or misappropriation of property involves an individual who is required to be licensed, permitted, certified or registered under chs. 440 to 459 460.

SB262, s. 5 Section 5. 103.10 (1) (e) of the statutes is amended to read:

SB262,5,11 103.10 (1) (e) "Health care provider" means a person described under s. 146.81 (1), but does not include a person described under s. 146.81 (1) (hp).

SB262, s. 6 Section 6. 146.40 (1) (d) of the statutes is amended to read:

SB262,5,21 146.40 (1) (d) "Nurse's assistant" means an individual who performs routine patient care duties delegated by a registered nurse or licensed practical nurse who supervises the individual, for the direct health care of a patient or resident. "Nurse's assistant" does not mean an individual who is licensed, permitted, certified or registered under ch. 441, 448, 449, 450, 451, 455 or, 459 or 460 or an individual whose duties primarily involve skills that are different than those taught in instructional and competency evaluation programs for nurse's assistants certified under sub. (3) or evaluated by competency evaluation programs for nurse's assistants approved under sub. (3m).

SB262, s. 7 Section 7. 146.81 (1) (hp) of the statutes is created to read:

SB262,5,23 146.81 (1) (hp) A massage therapist or bodyworker licensed under ch. 460.

SB262, s. 8 Section 8. 146.81 (1) (i) and (j) of the statutes are amended to read:

SB262,6,2 146.81 (1) (i) A partnership of any providers specified under pars. (a) to (hm) (hp).

SB262,6,4 (j) A corporation or limited liability company of any providers specified under pars. (a) to (hm) (hp) that provides health care services.

SB262, s. 9 Section 9. 180.1901 (1m) (h) of the statutes is created to read:

SB262,6,7 180.1901 (1m) (h) Massage therapy and bodywork examining board under ch. 460.

SB262, s. 10 Section 10. 252.10 (7) of the statutes is amended to read:

SB262,6,18 252.10 (7) Drugs necessary for the treatment of mycobacterium tuberculosis shall be purchased by the department from the appropriation under s. 20.435 (1) (e) and dispensed to patients through the public health dispensaries or through health care providers, as defined in s. 146.81 (1), other than social workers, marriage and family therapists or professional counselors certified under ch. 457, speech-language pathologists or audiologists licensed under subch. II of ch. 459, speech and language pathologists licensed by the department of education public instruction, massage therapists or bodyworkers licensed under ch. 460 or, on or after July 1, 1995, and no later than June 30, 1999, dietitians certified under subch. IV of ch. 448.

SB262, s. 11 Section 11. 252.15 (1) (ar) 1. of the statutes is amended to read:

SB262,6,21 252.15 (1) (ar) 1. A person or entity that is specified in s. 146.81 (1), but not a massage therapist or bodyworker licensed under ch. 460.

SB262, s. 12 Section 12. 440.08 (2) (a) 46r. of the statutes is created to read:

SB262,6,24 440.08 (2) (a) 46r. Massage therapist or bodyworker: July 1 of each even-numbered year; $41.

SB262, s. 13 Section 13. 448.03 (2) (a) of the statutes is amended to read:

SB262,7,7 448.03 (2) (a) Any person lawfully practicing within the scope of a license, permit, registration, certificate or certification granted to practice professional or practical nursing or nurse-midwifery under ch. 441, to practice chiropractic under ch. 446, to practice dentistry or dental hygiene under ch. 447, to practice optometry under ch. 449, to practice acupuncture under ch. 451, to practice massage therapy or bodywork under ch. 460 or under any other statutory provision, or as otherwise provided by statute.

SB262, s. 14 Section 14. 448.10 (4) of the statutes is amended to read:

SB262,7,22 448.10 (4) Massage and hydrotherapy. Any Notwithstanding s. 460.02, any person who, on July 11, 1953, was practicing massage and hydrotherapy in this state under a certificate of registration issued pursuant to s. 147.185, 1951 stats., as it existed prior to July 11, 1953, or who had applied for a certificate of registration in massage and hydrotherapy before said date, shall have the right to continue to so practice under such certificate, and the term "massage and hydrotherapy" shall be deemed to include the use of galvanic generator, diathermy, infrared ray and ultraviolet light for massage purposes. Nothing contained in this subsection shall limit the existing authority of the board to revoke such certificate for cause, and in addition, the board may require the holder of such certificate to demonstrate by examination fitness to use the instrumentalities enumerated in this subsection. A lack of such fitness shall constitute cause for revocation of such certificate. No such certificate holder shall treat a specific disease except on the advice of a licensed physician.

SB262, s. 15 Section 15. 448.21 (1) (f) of the statutes is created to read:

SB262,7,25 448.21 (1) (f) The practice of massage therapy or bodywork within the meaning of ch. 460.

SB262, s. 16 Section 16. 451.02 (1) of the statutes is amended to read:

SB262,8,4 451.02 (1) An individual holding a license, permit or certificate under ch. 441, 446, 447, 448 or, 449 or 460 who engages in a practice of acupuncture that is also included within the scope of his or her license, permit or certificate.

SB262, s. 17 Section 17. Chapter 460 of the statutes is created to read:

SB262,8,8 Chapter 460 Massage therapy and bodywork examining board

SB262,8,9 460.01 Definitions. In this chapter:

SB262,8,12 (1) "Adjunctive therapy" includes the use of a device that simulates or enhances a manual action; the application of heat, cold, water, a mild abrasive or a topical preparation; and heliotherapy.

SB262,8,14 (2) "Examining board" means the massage therapy and bodywork examining board.

SB262,8,17 (3) "Manual action" includes holding, positioning, rocking, kneading, compressing, decompressing, gliding or percussing the soft tissue of the human body and applying friction to soft tissue.

SB262,8,19 (4) "Massage therapist or bodyworker" means a person who is licensed as a massage therapist or bodyworker under this chapter.

SB262,8,20 (5) "Massage therapy or bodywork":

SB262,9,2 (a) Means the science and healing art that uses manual actions to palpate and manipulate the soft tissue of the human body, and adjunctive therapies, to improve circulation, reduce tension, relieve soft tissue pain, or increase flexibility, and includes determining whether massage therapy or bodywork is appropriate or contraindicated, or whether a referral to another health care practitioner is appropriate.

SB262,9,3 (b) Does not include making a medical diagnosis.

SB262,9,4 (6) "Physician's office" has the meaning given in s. 101.123 (1) (dg).

SB262,9,5 (7) "Sexual contact" has the meaning given in s. 939.22 (34).

SB262,9,6 (8) "Sexual intercourse" has the meaning given in s. 948.01 (7) (a).

SB262,9,14 460.02 License required. Except as provided in s. 460.03, no person may practice massage therapy or bodywork for compensation or in the expectation of compensation, or designate himself or herself as a massage therapist or bodyworker, or use or assume the title "massage therapist and bodyworker" or "massage therapist" or "bodyworker", or append to the person's name the letters "M. T.", "L. M. T.", "B. W." or "L. B. W.", or use any other title or designation which represents or may tend to represent the person as a massage therapist or bodyworker, unless the person is licensed under this chapter.

SB262,9,16 460.03 Applicability. A license under this chapter is not required for any of the following:

SB262,9,20 (1) A person holding a license, permit, registration or certification granted by this state or the federal government who engages in a practice of massage therapy or bodywork within the scope of his or her license, permit, registration or certification and who does not imply that he or she is a massage therapist or bodyworker.

SB262,9,23 (2) A massage therapy or bodywork student practicing massage therapy or bodywork, without compensation, within the scope of the student's education or training, and under the on-premises supervision of an instructor.

SB262,9,25 (3) A massage therapist or bodyworker who is licensed to practice massage therapy or bodywork in another state or country and is providing a consultation to or demonstration with a massage therapist or bodyworker who is licensed under this chapter.

SB262,10,4 (4) A person who does any of the following and who does not imply that he or she is a massage therapist or bodyworker:

SB262,10,5 (a) Restricts his or her manipulation of soft tissue to the hands or feet.

SB262,10,7 (b) Uses touch or spoken words to increase awareness of existing or potential patterns of movement in the human body.

SB262,10,9 (c) Uses a laying on of hands to influence energy fields within or around the human body.

SB262,10,11 460.04 Duties of examining board. (1) The examining board shall assign a unique license number to each person licensed under this chapter.

SB262,10,13 (2) The examining board shall promulgate rules that establish all of the following:

SB262,10,16 (a) A code of ethics that governs the professional conduct of massage therapists or bodyworkers. The code of ethics shall prohibit a massage therapist or bodyworker from having sexual contact or sexual intercourse with a client.

SB262,10,20 (b) Criteria for approving a school of massage therapy or bodywork from which graduation is required under s. 460.05 (1) (e) 1. Rules promulgated under this paragraph shall define the curricula and qualifications of instructors that are required for approval of a school.

SB262,10,24 (c) Criteria for approving the courses of instruction required under s. 460.05 (1) (e) 2. and 3. Rules promulgated under this paragraph shall require the course of instruction required under s. 460.05 (1) (e) 3. to consist of at least 500 classroom hours.

SB262,11,2 (d) Requirements and procedures for obtaining the informed consent of a client under s. 460.11 (1) and for making a report required under s. 460.12 (1).

SB262,11,3 (e) A definition of "sexually oriented business" for purposes of s. 460.11 (3).

SB262,11,4 (f) A definition of "laying on of hands" for purposes of s. 460.03 (4) (c).

SB262,11,7 460.05 Licensure of massage therapists or bodyworkers. (1) The examining board shall grant a license as a massage therapist or bodyworker to a person who satisfies all of the following:

SB262,11,8 (a) Is 18 years of age or older.

SB262,11,11 (b) Has graduated from high school or attained high school graduation equivalency as determined by the department of public instruction under s. 115.29 (4).

SB262,11,13 (c) Submits an application for the license to the department on a form provided by the department.

SB262,11,14 (d) Pays the fee specified in s. 440.05 (1).

SB262,11,16 (e) Except as provided in sub. (2), submits evidence satisfactory to the examining board that he or she has done all of the following:

SB262,11,18 1. Graduated from a school of massage therapy or bodywork approved under s. 38.51.

SB262,11,21 2. Completed at least 6 classroom hours in the laws of this state and rules of the examining board relating to the practice of massage therapy or bodywork in a course of instruction approved by the examining board.

SB262,11,24 3. Completed a minimum number of classroom hours, established by the examining board by rule, in a course of instruction in the principles and techniques of massage therapy or bodywork that is approved by the examining board.

SB262,11,25 (f) Passes an examination under s. 460.06.

SB262,12,4 (2) The examining board may waive a requirement specified in sub. (1) (e) if a person establishes, to the satisfaction of the examining board, that he or she has education, training or other experience that is substantially equivalent to the requirement.

SB262,12,7 460.06 Examination. (1) The examining board shall conduct or arrange for examinations for massage therapist or bodyworker licensure at least semiannually and at times and places determined by the examining board.

SB262,12,10 (2) Examinations shall consist of written or oral tests, or both, requiring applicants to demonstrate minimum competency in subjects substantially related to the practice of massage therapy or bodywork.

SB262,12,15 460.07 Issuance of license; expiration and renewal. (1) The department shall issue a certificate of licensure to each person who is licensed under this chapter. The person shall conspicuously display the certificate in the place of business where he or she practices massage therapy or bodywork so that the certificate can easily be seen and read.

SB262,12,20 (2) The renewal dates for licenses granted under this chapter, other than temporary licenses granted under s. 460.08, are specified under s. 440.08 (2) (a). Renewal applications shall be submitted to the department on a form provided by the department and shall include the renewal fee specified in s. 440.08 (2) (a) and, if applicable, proof of completion of continuing education under s. 460.10.

SB262,13,2 460.08 Temporary license. Upon application and payment of the fee specified in s. 440.05 (6), the examining board may grant a temporary massage therapist or bodyworker license to a person who satisfies the requirements under s. 460.05 (1) (a) to (e), has submitted an application to take the next available examination under s. 460.06 and has not previously failed the examination. A temporary license granted under this section shall expire on the date on which the person receives the results of the examination and may not be renewed.

SB262,13,8 460.09 Reciprocal license. Upon application and payment of the fee specified in s. 440.05 (2), the examining board shall grant a massage therapist or bodyworker license to a person who holds a similar license or certificate in another state or territory of the United States if the examining board determines that the requirements for receiving the license or certificate in the other state or territory are substantially equivalent to the requirements under s. 460.05.

SB262,13,18 460.10 Continuing education. The examining board may promulgate rules establishing requirements and procedures for a massage therapist or bodyworker to complete continuing education programs or courses of study in order to qualify for renewal of his or her license. Any rules promulgated under this section shall require a massage therapist or bodyworker to complete at least 12 hours of continuing education programs or courses of study in order to qualify for renewal. The examining board may waive all or part of any requirement established in rules promulgated under this section if it determines that prolonged illness, disability or other exceptional circumstances have prevented a massage therapist or bodyworker from completing the requirement.

SB262,13,22 460.11 Practice requirements. (1) A massage therapist or bodyworker may not practice massage therapy or bodywork on a client unless the massage therapist or bodyworker first obtains the informed consent of the client and has informed the client that he or she may withdraw the consent at any time.

SB262,14,4 (2) A massage therapist or bodyworker shall keep confidential any information that a client in confidence gives to the massage therapist or bodyworker and any other information that the massage therapist or bodyworker obtains about a client in the course of practicing massage therapy or bodywork that a reasonable person in the client's position would want kept confidential, unless the information is otherwise required by law to be disclosed or the client specifically authorizes the disclosure of the information.

SB262,14,7 (3) A massage therapist or bodyworker may not, whether for compensation or not, practice massage therapy or bodywork for a sexually oriented business, as defined by the examining board by rule.