440.981 History
History: 1997 a. 156;
1999 a. 32 s.
302.
440.982
440.982
Duties of department. 440.982(1)
(1) The department shall do all of the following:
440.982(1)(a)
(a) Promulgate rules establishing requirements and standards for the practice of massage therapy or bodywork by a registrant, including a code of ethics that governs a registrant's practice of massage therapy or bodywork.
440.982(1)(b)
(b) Promulgate rules establishing the education, training or competency requirements that an applicant for a license must satisfy in order to be issued a license of registration under this subchapter. The rules shall require an applicant to complete at least 500 classroom hours of study in a course of instruction in massage therapy or bodywork approved by the department or at a school approved by the educational approval board under
s. 45.54. The rules shall also require an applicant whose application is received after March 1, 2000, to successfully complete the national certification examination for therapeutic massage and bodywork that is offered by the National Certification Board for Therapeutic Massage and Bodywork or a substantially equivalent examination relating to the practice of massage therapy or bodywork that is approved by the National Commission of Certifying Agencies of the National Organization for Competency Assurance or that is developed, administered or approved by the department. The rules may also require an applicant to pass an examination on state laws and administrative rules governing massage therapy or bodywork.
440.982(1)(c)
(c) Establish and update on at least a bimonthly basis a registry of persons who are issued a license of registration under this subchapter. The department shall make the registry available for public inspection and copying and in any other manner that, as determined by the department, facilitates public access to the registry.
440.982(2)
(2) The department may promulgate rules that establish continuing education requirements that a person must satisfy to be eligible to renew a license of registration that is issued under this subchapter.
440.983
440.983
Registration requirements. The department shall issue a license of registration as a massage therapist or bodyworker to a person who does all of the following:
440.983(1)
(1) Submits an application for the license to the department on a form provided by the department.
440.983(3)
(3) Subject to
ss. 111.321,
111.322 and
111.335, submits evidence satisfactory to the department that he or she does not have an arrest or conviction record.
440.983(4)
(4) Submits evidence satisfactory to the department that he or she satisfies the requirements established in rules promulgated under
s. 440.982 (1) (b).
440.983(5)
(5) Submits evidence satisfactory to the department that he or she has in effect malpractice liability insurance coverage in an amount that is not less than $1,000,000 per occurrence and $1,000,000 for all occurrences in one year.
440.983 History
History: 1997 a. 156;
1999 a. 32 s.
304.
440.984
440.984
Reciprocal registration. Upon application and payment of the fee specified in
s. 440.05 (2), the department may issue a license of registration as a massage therapist or bodyworker to a person who has been issued a similar license, registration or certificate by another state or territory of the United States or another country if all of the following apply:
440.984(1)
(1) The person is not currently under investigation for a matter related to his or her practice of massage therapy or bodywork in the other state, territory or country.
440.984(2)
(2) The person has never been disciplined for a matter related to his or her practice of massage therapy or bodywork in the other state, territory or country.
440.984(4)
(4) The person is not currently a party in pending litigation in which it is alleged that he or she is liable for damages for acts committed in the course of the practice of massage therapy or bodywork.
440.984(5)
(5) The person has never been found liable for damages for acts committed in the course of the practice of massage therapy or bodywork which evidenced a lack of ability or fitness to practice massage therapy or bodywork.
440.984 History
History: 1997 a. 156;
1999 a. 32 s.
305.
440.985
440.985
Renewal of registration. The renewal dates for licenses of registration issued under this subchapter are specified in
s. 440.08 (2) (a). Renewal applications shall be submitted to the department on a form provided by the department and shall include all of the following:
440.985(2)
(2) Evidence satisfactory to the department that the applicant has completed any continuing education requirements specified in rules promulgated under
s. 440.982 (2).
440.985(3)
(3) Evidence satisfactory to the department that the applicant has in effect malpractice liability insurance coverage in an amount that is not less than $1,000,000 per occurrence and $1,000,000 for all occurrences in one year.
440.985 History
History: 1997 a. 156;
1999 a. 32 s.
306.
440.986
440.986
Disciplinary proceedings and actions. 440.986(1)(1) Subject to the rules promulgated under
s. 440.03 (1), the department may make investigations and conduct hearings to determine whether a violation of this subchapter or any rule promulgated under this subchapter has occurred.
440.986(2)
(2) Subject to the rules promulgated under
s. 440.03 (1), the department may reprimand a registrant, or may deny, limit, suspend or revoke a license of registration, if an applicant or registrant has done any of the following:
440.986(2)(a)
(a) Made a material misstatement in an application for a license of registration or for renewal of a license of registration.
440.986(2)(b)
(b) Subject to
ss. 111.321,
111.322 and
111.335, been convicted of an offense the circumstances of which substantially relate to the practice of massage therapy or bodywork.
440.986(2)(c)
(c) Been adjudicated mentally incompetent by a court of competent jurisdiction, a certified copy of the record of adjudication of incompetency to be conclusive evidence of such incompetency.
440.986(2)(d)
(d) Advertised in a manner that is false, deceptive or misleading.
440.986(2)(e)
(e) Advertised, practiced or attempted to practice massage therapy or bodywork under another's name.
440.986(2)(f)
(f) Subject to
ss. 111.321,
111.322 and
111.34, engaged in the practice of massage therapy or bodywork while the person's ability to engage in the practice was impaired by alcohol or other drugs.
440.986(2)(g)
(g) Violated any standard relating to the practice of massage therapy or bodywork established by the department in the rules promulgated under
s. 440.982 (1) (a).
440.986(2)(h)
(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 or ability to apply professional principles or skills.
440.986(2)(j)
(j) Aided another person in violating this subchapter or any rule promulgated under this subchapter.
440.986(2)(k)
(k) Violated this subchapter or any rule promulgated under this subchapter.
440.986(2m)
(2m) In addition to or in lieu of a reprimand or denial, limitation, suspension or revocation of a license of registration under
sub. (2), the department may assess against an applicant or registrant a forfeiture of not more than $1,000 for each violation enumerated under
sub. (2).
440.986(3)
(3) In lieu of proceeding under
sub. (2), the department may place, in the registry established under
s. 440.982 (1) (c), a copy of a complaint received by the department against a registrant, the registrant's response to the complaint and a copy of any records of the department concerning the complaint. The department shall use the following procedure in placing information in the registry under this subsection:
440.986(3)(a)
(a) No later than 60 days after the date on which the department receives a complaint alleging that a registrant has engaged in conduct that is grounds for discipline under
sub. (2), the department shall provide the registrant with a copy of the complaint and place a copy of the complaint and a copy of any records of the department concerning the complaint in the registry.
440.986(3)(b)
(b) After receiving a copy of the complaint under
par. (a), the registrant who is the subject of the complaint, or his or her authorized representative, may place in the registry a statement of reasonable length describing the registrant's view of the correctness or relevance of any of the information contained in the complaint.
440.986(3)(c)
(c) The department shall remove all complaints against and other information concerning a registrant from the registry if, for a period of 2 years from the date of the most recent complaint filed in the registry, no further complaints have been filed against the registrant.
440.986(4)
(4) The department may reissue a license of registration to any person whose certificate has been suspended or revoked under
sub. (2) if the person satisfies requirements for reissuance established by the department. The department may issue a new license of registration to replace any license revoked, lost, destroyed or mutilated, subject to the rules of the department and the payment of the required fee.
440.986 History
History: 1997 a. 156;
1999 a. 32 s.
307.
440.987
440.987
Change of name. No registrant may practice massage therapy or bodywork in this state under any other given name or any other surname than that under which the person was originally issued a license of registration if the department, after a hearing, finds that using a title under the changed name operates to unfairly compete with another person who practices massage therapy or bodywork or to mislead the public as to identity or to otherwise result in detriment to the profession of massage therapy or bodywork or to the public. This section does not apply to a change of name resulting from marriage or divorce.
440.987 History
History: 1997 a. 156;
1999 a. 32 s.
308.
440.988(1)(1) Except as provided in
sub. (2), a person who violates this subchapter or any rule promulgated under this subchapter shall forfeit not more than $1,000 for each violation.
440.988(2)
(2) A person who violates
s. 440.981 (1) or a person presenting or attempting to use as his or her own the license of registration of another, or any person who falsely impersonates any other registrant of like or different name, or any person who attempts to use an expired or revoked license of registration, may be fined not less than $100 nor more than $500 or imprisoned for not more than 3 months or both.
440.988 History
History: 1997 a. 156;
1999 a. 32 s.
309.
440.989
440.989
Local regulation. A city, village, town or county may not enact an ordinance that regulates the practice of massage therapy or bodywork by a person who is issued a license of registration by the department under this subchapter. No provision of any ordinance enacted by a city, village, town or county that is in effect before February 1, 1999, and that relates to the practice of massage therapy or bodywork, may be enforced against a person who is issued a license of registration by the department under this subchapter.
440.989 History
History: 1997 a. 156;
1999 a. 32 s.
310.
