Amendment ASA1-AB749

AB749-ASA1,7,24 (c) 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).

AB749-ASA1,7,25 (d) A definition of "sexually oriented business" for purposes of s. 460.11 (3).

AB749-ASA1,8,3 (3) In addition to any other procedure under ch. 227 relating to the promulgation of rules, when promulgating a rule under this chapter, other than an emergency rule under s. 227.24, the department shall do all of the following:

AB749-ASA1,8,6 (a) Submit the proposed rule to the massage therapy and bodywork council at least 60 days before the proposed rule is submitted to the legislative council staff under s. 227.15 (1).

AB749-ASA1,8,10 (b) Consider any comments on a proposed rule made by the council, if the council submits the comments to the department within 30 days after a public hearing on the proposed rule under s. 227.18 or, if no hearing is held, within 30 days after the proposed rule is published under s. 227.16 (2) (e).

AB749-ASA1,8,13 (c) Include, in the report submitted to the legislature under s. 227.19 (2), any comments on the proposed rule submitted by the council under par. (b) and the department's responses to those comments.

AB749-ASA1,8,16 (4) When promulgating emergency rules under s. 227.24, the department shall provide a copy of the rules to the council prior to publication of the rules in the official state newspaper.

AB749-ASA1,8,19 460.05 Certification of massage therapists or bodyworkers. (1) The department shall grant a certificate as a massage therapist or bodyworker to a person who satisfies all of the following:

AB749-ASA1,8,20 (a) The person is 18 years of age or older.

AB749-ASA1,8,23 (b) The person has graduated from high school or attained high school graduation equivalency as determined by the department of public instruction under s. 115.29 (4).

AB749-ASA1,8,25 (c) The person submits an application for the certificate to the department on a form provided by the department.

AB749-ASA1,9,1 (d) The person pays the fee specified in s. 440.05 (1).

AB749-ASA1,9,3 (e) Except as provided in sub. (2), the person submits evidence satisfactory to the department that he or she has done all of the following:

AB749-ASA1,9,6 1. Graduated from a school of massage therapy or bodywork approved by the educational approval board under s. 45.54 or completed a training program approved by the department under the rules promulgated under s. 460.04 (2) (b).

AB749-ASA1,9,9 2. Completed at least 6 classroom hours in the laws of this state and rules of the department relating to the practice of massage therapy or bodywork in a course of instruction approved by the department.

AB749-ASA1,9,10 (f) The person passes the examinations under s. 460.06.

AB749-ASA1,9,13 (g) The person 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.

AB749-ASA1,9,16 (2) The department may waive a requirement specified in sub. (1) (e) if a person establishes, to the satisfaction of the department, that he or she has education, training, or other experience that is substantially equivalent to the requirement.

AB749-ASA1,9,21 (3) After the first day of the 25th month beginning after the effective date of this subsection .... [revisor inserts date], the department shall grant a certificate as a massage therapist or bodyworker to a person if the educational approval board notifies the department that the educational approval board has determined all of the following:

AB749-ASA1,9,24 (a) That the person submitted an application to the educational approval board on a form provided by the educational approval board that describes the person's education, training, and experience in the practice of massage therapy or bodywork and includes evidence satisfactory to the educational approval board of all of the following:

AB749-ASA1,10,3 1. That the person is 18 years of age or older.

AB749-ASA1,10,6 2. That the person graduated from high school or attained high school graduation equivalency as determined by the department of public instruction under s. 115.29 (4).

AB749-ASA1,10,9 3. That, during the 2-year period after the effective date of this subdivision .... [revisor inserts date], the person was actively engaged in the practice of massage therapy or bodywork.

AB749-ASA1,10,12 4. That the person 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.

AB749-ASA1,10,14 (b) That the person included with the application under par. (a) an attestation that the person only recently became aware of the requirements of this chapter.

AB749-ASA1,10,16 (c) That the person paid the fee specified in s. 440.05 (1) (a) to the educational approval board.

AB749-ASA1,10,19 (d) That the person's education, training, and experience in the practice of massage therapy or bodywork is substantially equivalent to the education required under sub. (1) (e).

AB749-ASA1,10,23 460.07 Display of certificate; expiration and renewal. (1) Each person who is certified under this chapter 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.

AB749-ASA1,11,2 (2) The renewal dates for certificates granted under this chapter, other than temporary certificates 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 all of the following:

AB749-ASA1,11,3 (a) The renewal fee specified in s. 440.08 (2) (a).

AB749-ASA1,11,4 (b) If applicable, proof of completion of continuing education under s. 460.10.

AB749-ASA1,11,7 (c) 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.

AB749-ASA1,11,16 460.08 Temporary certificate. Upon application and payment of the fee specified in s. 440.05 (6), the department may grant a temporary massage therapist or bodyworker certificate to a person who satisfies the requirements under s. 460.05 (1) (a) to (e) and (g), has submitted an application to take the next available examinations under s. 460.06, and has not previously failed an examination. A temporary certificate granted under this section shall expire on the date on which the person receives notice that he or she failed one of the examinations or that he or she has passed both examinations. A temporary certificate granted under this section may not be renewed.

AB749-ASA1,11,22 460.09 Reciprocal certificate. Upon application and payment of the fee specified in s. 440.05 (2), the department shall grant a massage therapist or bodyworker certificate to a person who holds a similar certificate in another state or territory of the United States or another country if the department determines that the requirements for receiving the certificate in the other state, territory, or country are substantially equivalent to the requirements under s. 460.05.

AB749-ASA1,12,6 460.10 Continuing education. The department shall promulgate rules establishing requirements and procedures for a certificate holder to complete continuing education programs or courses of study to qualify for renewal of his or her certificate. The rules shall require a certificate holder to complete 24 hours of continuing education programs or courses of study every 2 years to qualify for renewal. The department 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 certificate holder from completing the requirement.

AB749-ASA1,12,10 460.11 Practice requirements. (1) A certificate holder may not practice massage therapy or bodywork on a client unless the certificate holder first obtains the informed consent of the client and has informed the client that he or she may withdraw the consent at any time.

AB749-ASA1,12,16 (2) A certificate holder shall keep confidential any information that a client in confidence gives to the certificate holder and any other information that the certificate holder 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.

AB749-ASA1,12,19 (3) A certificate holder may not, whether for compensation or not, practice massage therapy or bodywork for a sexually oriented business, as defined by the department by rule.

AB749-ASA1,13,2 460.12 Duty to make reports. (1) A certificate holder shall submit a report to the department if he or she has reasonable cause to believe that another certificate holder has committed a crime relating to prostitution under ss. 944.30 to 944.34 or has had sexual contact or sexual intercourse with a client. If the report relates to sexual contact or sexual intercourse with a client, the report may not identify the client unless the client has provided written consent for disclosure of this information.

AB749-ASA1,13,7 (2) The department may use a report made under sub. (1) as the basis for an investigation under s. 460.14 (1). If, after an investigation, the department has reasonable cause to believe that a certificate holder has committed a crime, the department shall report the belief to the district attorney for the county in which the crime, in the opinion of the department, occurred.

AB749-ASA1,13,10 (3) If, after an investigation, the department determines that a report submitted under sub. (1) is without merit, the department shall remove the report from the record of the certificate holder who is the subject of the report.

AB749-ASA1,13,22 (4) All reports and records made from reports under sub. (1) and maintained by the department, district attorneys, and other persons, officials, and institutions shall be confidential and are exempt from disclosure under s. 19.35 (1). Information regarding the identity of a client with whom a certificate holder is suspected of having sexual contact or sexual intercourse shall not be disclosed by persons who have received or have access to a report or record unless disclosure is consented to in writing by the client. The report of information under sub. (1) and the disclosure of a report or record under this subsection does not violate any person's responsibility for maintaining the confidentiality of patient health care records, as defined in s. 146.81 (4) and as required under s. 146.82. Reports and records may be disclosed only to the department, and the appropriate staff of a district attorney or a law enforcement agency within this state for purposes of investigation or prosecution.

AB749-ASA1,13,24 (5) (a) In this subsection, "violation" means a violation of any state or local law that is punishable by a forfeiture.

AB749-ASA1,14,8 (b) A certificate holder shall submit a written report to the department if he or she is convicted of a felony or misdemeanor, or is found to have committed a violation, in this state or elsewhere, and if the circumstances of the felony, misdemeanor, or violation substantially relate to the practice of massage therapy or bodywork. The report shall identify the date, place, and nature of the conviction or finding and shall be submitted within 30 days after the entry of the judgment of conviction or the judgment finding that he or she committed the violation. If the report is submitted by mail, the report is considered to be submitted on the date that it is mailed.

AB749-ASA1,14,13 460.13 Advertising. A certificate holder may not advertise that he or she practices massage therapy or bodywork unless the advertisement includes his or her certificate number and a statement that the certificate holder is a "certified massage therapist and bodyworker" or "certified massage therapist" or "certified bodyworker."

AB749-ASA1,14,17 460.14 Disciplinary proceedings and actions. (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 chapter or any rule promulgated under this chapter has occurred.

AB749-ASA1,14,21 (2) Subject to the rules promulgated under s. 440.03 (1), the department may reprimand a certificate holder or deny, limit, suspend, or revoke a certificate under this chapter if it finds that the applicant or certificate holder has done any of the following:

AB749-ASA1,14,23 (a) Made a material misstatement in an application for a certificate or for renewal of a certificate.

AB749-ASA1,15,3 (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.

AB749-ASA1,15,4 (c) Advertised in a manner that is false, deceptive, or misleading.

AB749-ASA1,15,5 (d) Advertised, practiced, or attempted to practice under another's name.

AB749-ASA1,15,7 (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.

AB749-ASA1,15,9 (f) Intentionally made a false statement in a report submitted under s. 460.12 (1).

AB749-ASA1,15,11 (g) Engaged in unprofessional conduct in violation of the standards established in rules promulgated under s. 460.04 (2) (a).

AB749-ASA1,15,15 (h) Engaged in conduct while practicing massage therapy or bodywork that jeopardizes the health, safety, or welfare of a client or that evidences a lack of knowledge of, inability to apply, or the negligent application of, principles or skills of massage therapy or bodywork.

AB749-ASA1,15,16 (i) Committed a crime related to prostitution under ss. 944.30 to 944.34.

AB749-ASA1,15,17 (j) Violated this chapter or any rule promulgated under this chapter.

AB749-ASA1,15,19 (3) The department may restore a certificate that has been suspended or revoked on such terms and conditions as the department may deem appropriate.

AB749-ASA1,15,21 (4) Before taking any action under this section, the department shall consult with the council and consider any recommendations of the council.

AB749-ASA1,15,24 460.15 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.

AB749-ASA1,16,3 (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.

AB749-ASA1, s. 21 Section 21. 895.48 (1m) (intro.) of the statutes is amended to read:

AB749-ASA1,16,15 895.48 (1m) (intro.) Any physician or athletic trainer licensed under ch. 448, chiropractor licensed under ch. 446, dentist licensed under ch. 447, emergency medical technician licensed under s. 146.50, first responder certified under s. 146.50 (8), physician assistant licensed under ch. 448, registered nurse licensed under ch. 441, or a massage therapist or bodyworker issued a license of registration certificate under subch. XI of ch. 440 460 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:

AB749-ASA1, s. 22 Section 22. 908.03 (6m) (a) of the statutes is amended to read:

AB749-ASA1,16,21 908.03 (6m) (a) Definition. In this subsection, "health care provider" means a massage therapist or bodyworker issued a license of registration certificate under subch. XI of ch. 440 460, a chiropractor licensed under ch. 446, a dentist licensed under ch. 447, a physician assistant licensed under ch. 448, or a health care provider as defined in s. 655.001 (8).

AB749-ASA1, s. 23 Section 23 . Nonstatutory provisions.

AB749-ASA1,16,23 (1) Definitions. In this Section:

AB749-ASA1,16,24 (a) "Department" means the department of regulation and licensing.

AB749-ASA1,17,2 (b) "Massage therapy or bodywork" has the meaning given in section 460.01 (4) of the statutes, as created by this act.

AB749-ASA1,17,3 (2) Initial appointments.

AB749-ASA1,17,7 (a) Notwithstanding section 15.407 (7) (a) of the statutes, as created by this act, the initial members of the massage therapy and bodywork council shall be appointed by the first day of the 3rd month beginning after the effective date of this paragraph for the following terms:

AB749-ASA1,17,8 1. Two members, for terms expiring on July 1, 2003.

AB749-ASA1,17,9 2. Two members, for terms expiring on July 1, 2004.

AB749-ASA1,17,10 3. Two members, for terms expiring on July 1, 2005.

AB749-ASA1,17,11 4. One member, for a term expiring on July 1, 2006.

AB749-ASA1,17,16 (b) Notwithstanding section 15.407 (7) (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 council, the members need not be certified 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.

AB749-ASA1,17,23 (3) Emergency rules. The department may use the procedure under section 227.24 of the statutes to promulgate rules required under section 460.04 (2) of the statutes, as created by this act. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB749-ASA1,18,4 (4) Transitional provisions; registrants. Notwithstanding section 460.05 (1) of the statutes, as created by this act, the department shall, no later than the first day of the 7th month beginning after the effective date of this subsection, issue a certificate as a massage therapist or bodyworker to a person who holds a valid license of registration as a massage therapist or bodyworker issued by the department under section 440.983, 1999 stats.

AB749-ASA1,18,9 (5) Transitional provisions; nonregistrants. Notwithstanding section 460.05 (1) of the statutes, as created by this act, the department shall issue a certificate as a massage therapist or bodyworker to a person if the educational approval board notifies the department that the educational approval board has determined all of the following:

AB749-ASA1,18,15 (a) That the person submitted, no later than the first day of the 25th month beginning after the effective date of this paragraph, an application to the educational approval board on a form provided by the educational approval board that describes the person's education, training, and experience in the practice of massage therapy or bodywork and provides evidence satisfactory to the educational approval board of all of the following:

AB749-ASA1,18,16 1. That the person is 18 years of age or older.

AB749-ASA1,18,19 2. That the person graduated from high school or attained high school graduation equivalency as determined by the department of public instruction under section 115.29 (4) of the statutes.

AB749-ASA1,18,21 3. That, on the effective date of this subdivision, the person was actively engaged in the practice of massage therapy or bodywork.

AB749-ASA1,18,24 4. That the person 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.

AB749-ASA1,19,2 (b) That the person paid the fee specified in section 440.05 (1) (a) of the statutes to the educational approval board.

AB749-ASA1,19,5 (c) That the person's education, training, and experience in the practice of massage therapy or bodywork are substantially equivalent to the education required under section 460.05 (1) (e) of the statutes, as created by this act.

AB749-ASA1, s. 24 Section 24. Initial applicability.

AB749-ASA1,19,9 (1)   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.

AB749-ASA1,19,12 (2) The creation 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.