AB749-ASA1,9,1
1(d) The person pays the fee specified in s. 440.05 (1).
AB749-ASA1,9,32
(e) Except as provided in sub. (2), the person submits evidence satisfactory to
3the department that he or she has done all of the following:
AB749-ASA1,9,64
1. Graduated from a school of massage therapy or bodywork approved by the
5educational approval board under s. 45.54 or completed a training program approved
6by the department under the rules promulgated under s. 460.04 (2) (b).
AB749-ASA1,9,97
2. Completed at least 6 classroom hours in the laws of this state and rules of
8the department relating to the practice of massage therapy or bodywork in a course
9of instruction approved by the department.
AB749-ASA1,9,1010
(f) The person passes the examinations under s. 460.06.
AB749-ASA1,9,1311
(g) The person submits evidence satisfactory to the department that he or she
12has in effect malpractice liability insurance coverage in an amount that is not less
13than $1,000,000 per occurrence and $1,000,000 for all occurrences in one year.
AB749-ASA1,9,16
14(2) The department may waive a requirement specified in sub. (1) (e) if a person
15establishes, to the satisfaction of the department, that he or she has education,
16training, or other experience that is substantially equivalent to the requirement.
AB749-ASA1,9,21
17(3) After the first day of the 25th month beginning after the effective date of
18this subsection .... [revisor inserts date], the department shall grant a certificate as
19a massage therapist or bodyworker to a person if the educational approval board
20notifies the department that the educational approval board has determined all of
21the following:
AB749-ASA1,9,2422
(a) That the person submitted an application to the educational approval board
23on a form provided by the educational approval board that describes the person's
24education, training, and experience in the practice of massage therapy or bodywork
1and includes evidence satisfactory to the educational approval board of all of the
2following:
AB749-ASA1,10,33
1. That the person is 18 years of age or older.
AB749-ASA1,10,64
2. That the person graduated from high school or attained high school
5graduation equivalency as determined by the department of public instruction under
6s. 115.29 (4).
AB749-ASA1,10,97
3. That, during the 2-year period after the effective date of this subdivision ....
8[revisor inserts date], the person was actively engaged in the practice of massage
9therapy or bodywork.
AB749-ASA1,10,1210
4. That the person has in effect malpractice liability insurance coverage in an
11amount that is not less than $1,000,000 per occurrence and $1,000,000 for all
12occurrences in one year.
AB749-ASA1,10,1413
(b) That the person included with the application under par. (a) an attestation
14that the person only recently became aware of the requirements of this chapter.
AB749-ASA1,10,1615
(c) That the person paid the fee specified in s. 440.05 (1) (a) to the educational
16approval board.
AB749-ASA1,10,1917
(d) That the person's education, training, and experience in the practice of
18massage therapy or bodywork is substantially equivalent to the education required
19under sub. (1) (e).
AB749-ASA1,10,23
20460.07 Display of certificate; expiration and renewal. (1) Each person
21who is certified under this chapter shall conspicuously display the certificate in the
22place of business where he or she practices massage therapy or bodywork so that the
23certificate can easily be seen and read.
AB749-ASA1,11,2
24(2) The renewal dates for certificates granted under this chapter, other than
25temporary certificates granted under s. 460.08, are specified under s. 440.08 (2) (a).
1Renewal applications shall be submitted to the department on a form provided by the
2department and shall include all of the following:
AB749-ASA1,11,33
(a) The renewal fee specified in s. 440.08 (2) (a).
AB749-ASA1,11,44
(b) If applicable, proof of completion of continuing education under s. 460.10.
AB749-ASA1,11,75
(c) Evidence satisfactory to the department that the applicant has in effect
6malpractice liability insurance coverage in an amount that is not less than
7$1,000,000 per occurrence and $1,000,000 for all occurrences in one year.
AB749-ASA1,11,16
8460.08 Temporary certificate. Upon application and payment of the fee
9specified in s. 440.05 (6), the department may grant a temporary massage therapist
10or bodyworker certificate to a person who satisfies the requirements under s. 460.05
11(1) (a) to (e) and (g), has submitted an application to take the next available
12examinations under s. 460.06, and has not previously failed an examination. A
13temporary certificate granted under this section shall expire on the date on which
14the person receives notice that he or she failed one of the examinations or that he or
15she has passed both examinations. A temporary certificate granted under this
16section may not be renewed.
AB749-ASA1,11,22
17460.09 Reciprocal certificate. Upon application and payment of the fee
18specified in s. 440.05 (2), the department shall grant a massage therapist or
19bodyworker certificate to a person who holds a similar certificate in another state or
20territory of the United States or another country if the department determines that
21the requirements for receiving the certificate in the other state, territory, or country
22are substantially equivalent to the requirements under s. 460.05.
AB749-ASA1,12,6
23460.10 Continuing education. The department shall promulgate rules
24establishing requirements and procedures for a certificate holder to complete
25continuing education programs or courses of study to qualify for renewal of his or her
1certificate. The rules shall require a certificate holder to complete 24 hours of
2continuing education programs or courses of study every 2 years to qualify for
3renewal. The department may waive all or part of any requirement established in
4rules promulgated under this section if it determines that prolonged illness,
5disability, or other exceptional circumstances have prevented a certificate holder
6from completing the requirement.
AB749-ASA1,12,10
7460.11 Practice requirements. (1) A certificate holder may not practice
8massage therapy or bodywork on a client unless the certificate holder first obtains
9the informed consent of the client and has informed the client that he or she may
10withdraw the consent at any time.
AB749-ASA1,12,16
11(2) A certificate holder shall keep confidential any information that a client in
12confidence gives to the certificate holder and any other information that the
13certificate holder obtains about a client in the course of practicing massage therapy
14or bodywork that a reasonable person in the client's position would want kept
15confidential, unless the information is otherwise required by law to be disclosed or
16the client specifically authorizes the disclosure of the information.
AB749-ASA1,12,19
17(3) A certificate holder may not, whether for compensation or not, practice
18massage therapy or bodywork for a sexually oriented business, as defined by the
19department by rule.
AB749-ASA1,13,2
20460.12 Duty to make reports. (1) A certificate holder shall submit a report
21to the department if he or she has reasonable cause to believe that another certificate
22holder has committed a crime relating to prostitution under ss. 944.30 to 944.34 or
23has had sexual contact or sexual intercourse with a client. If the report relates to
24sexual contact or sexual intercourse with a client, the report may not identify the
1client unless the client has provided written consent for disclosure of this
2information.
AB749-ASA1,13,7
3(2) The department may use a report made under sub. (1) as the basis for an
4investigation under s. 460.14 (1). If, after an investigation, the department has
5reasonable cause to believe that a certificate holder has committed a crime, the
6department shall report the belief to the district attorney for the county in which the
7crime, in the opinion of the department, occurred.
AB749-ASA1,13,10
8(3) If, after an investigation, the department determines that a report
9submitted under sub. (1) is without merit, the department shall remove the report
10from the record of the certificate holder who is the subject of the report.
AB749-ASA1,13,22
11(4) All reports and records made from reports under sub. (1) and maintained
12by the department, district attorneys, and other persons, officials, and institutions
13shall be confidential and are exempt from disclosure under s. 19.35 (1). Information
14regarding the identity of a client with whom a certificate holder is suspected of
15having sexual contact or sexual intercourse shall not be disclosed by persons who
16have received or have access to a report or record unless disclosure is consented to
17in writing by the client. The report of information under sub. (1) and the disclosure
18of a report or record under this subsection does not violate any person's responsibility
19for maintaining the confidentiality of patient health care records, as defined in s.
20146.81 (4) and as required under s. 146.82. Reports and records may be disclosed only
21to the department, and the appropriate staff of a district attorney or a law
22enforcement agency within this state for purposes of investigation or prosecution.
AB749-ASA1,13,24
23(5) (a) In this subsection, "violation" means a violation of any state or local law
24that is punishable by a forfeiture.
AB749-ASA1,14,8
1(b) A certificate holder shall submit a written report to the department if he or
2she is convicted of a felony or misdemeanor, or is found to have committed a violation,
3in this state or elsewhere, and if the circumstances of the felony, misdemeanor, or
4violation substantially relate to the practice of massage therapy or bodywork. The
5report shall identify the date, place, and nature of the conviction or finding and shall
6be submitted within 30 days after the entry of the judgment of conviction or the
7judgment finding that he or she committed the violation. If the report is submitted
8by mail, the report is considered to be submitted on the date that it is mailed.
AB749-ASA1,14,13
9460.13 Advertising. A certificate holder may not advertise that he or she
10practices massage therapy or bodywork unless the advertisement includes his or her
11certificate number and a statement that the certificate holder is a "certified massage
12therapist and bodyworker" or "certified massage therapist" or "certified
13bodyworker."
AB749-ASA1,14,17
14460.14 Disciplinary proceedings and actions. (1) Subject to the rules
15promulgated under s. 440.03 (1), the department may make investigations and
16conduct hearings to determine whether a violation of this chapter or any rule
17promulgated under this chapter has occurred.
AB749-ASA1,14,21
18(2) Subject to the rules promulgated under s. 440.03 (1), the department may
19reprimand a certificate holder or deny, limit, suspend, or revoke a certificate under
20this chapter if it finds that the applicant or certificate holder has done any of the
21following:
AB749-ASA1,14,2322
(a) Made a material misstatement in an application for a certificate or for
23renewal of a certificate.
AB749-ASA1,15,3
1(b) Subject to ss. 111.321, 111.322, and 111.335, been convicted of an offense the
2circumstances of which substantially relate to the practice of massage therapy or
3bodywork.
AB749-ASA1,15,44
(c) Advertised in a manner that is false, deceptive, or misleading.
AB749-ASA1,15,55
(d) Advertised, practiced, or attempted to practice under another's name.
AB749-ASA1,15,76
(e) Subject to ss. 111.321, 111.322, and 111.34, practiced massage therapy or
7bodywork while his or her ability to practice was impaired by alcohol or other drugs.
AB749-ASA1,15,98
(f) Intentionally made a false statement in a report submitted under s. 460.12
9(1).
AB749-ASA1,15,1110
(g) Engaged in unprofessional conduct in violation of the standards established
11in rules promulgated under s. 460.04 (2) (a).
AB749-ASA1,15,1512
(h) Engaged in conduct while practicing massage therapy or bodywork that
13jeopardizes the health, safety, or welfare of a client or that evidences a lack of
14knowledge of, inability to apply, or the negligent application of, principles or skills
15of massage therapy or bodywork.
AB749-ASA1,15,1616
(i) Committed a crime related to prostitution under ss. 944.30 to 944.34.
AB749-ASA1,15,1717
(j) Violated this chapter or any rule promulgated under this chapter.
AB749-ASA1,15,19
18(3) The department may restore a certificate that has been suspended or
19revoked on such terms and conditions as the department may deem appropriate.
AB749-ASA1,15,21
20(4) Before taking any action under this section, the department shall consult
21with the council and consider any recommendations of the council.
AB749-ASA1,15,24
22460.15 Penalties. (1) Except as provided in sub. (2), any person who violates
23this chapter or any rule promulgated under this chapter shall forfeit not more than
24$1,000 for each violation.
AB749-ASA1,16,3
1(2) A person who violates s. 460.02 shall forfeit not more than $500 for each
2violation. Each day of continued violation of s. 460.02 constitutes a separate
3violation.
AB749-ASA1, s. 21
4Section
21. 895.48 (1m) (intro.) of the statutes is amended to read:
AB749-ASA1,16,155
895.48
(1m) (intro.) Any physician or athletic trainer licensed under ch. 448,
6chiropractor licensed under ch. 446, dentist licensed under ch. 447, emergency
7medical technician licensed under s. 146.50, first responder certified under s. 146.50
8(8), physician assistant licensed under ch. 448, registered nurse licensed under ch.
9441
, or a massage therapist or bodyworker issued a
license of registration certificate 10under
subch. XI of ch.
440 460 who renders voluntary health care to a participant
11in an athletic event or contest sponsored by a nonprofit corporation, as defined in s.
1246.93 (1m) (c), a private school, as defined in s. 115.001 (3r), a public agency, as
13defined in s. 46.93 (1m) (e), or a school, as defined in s. 609.655 (1) (c), is immune from
14civil liability for his or her acts or omissions in rendering that care if all of the
15following conditions exist:
AB749-ASA1,16,2117
908.03
(6m) (a)
Definition. In this subsection, "health care provider" means
18a massage therapist or bodyworker issued a
license of registration certificate under
19subch. XI of ch.
440 460, a chiropractor licensed under ch. 446, a dentist licensed
20under ch. 447, a physician assistant licensed under ch. 448
, or a health care provider
21as defined in s. 655.001 (8).
AB749-ASA1,16,2323
(1)
Definitions. In this
Section:
AB749-ASA1,16,2424
(a) "Department" means the department of regulation and licensing.
AB749-ASA1,17,2
1(b) "Massage therapy or bodywork" has the meaning given in section 460.01 (4)
2of the statutes, as created by this act.
AB749-ASA1,17,33
(2)
Initial appointments.
AB749-ASA1,17,74
(a) Notwithstanding section 15.407 (7) (a) of the statutes, as created by this act,
5the initial members of the massage therapy and bodywork council shall be appointed
6by the first day of the 3rd month beginning after the effective date of this paragraph
7for the following terms:
AB749-ASA1,17,8
81. Two members, for terms expiring on July 1, 2003.
AB749-ASA1,17,9
92. Two members, for terms expiring on July 1, 2004.
AB749-ASA1,17,10
103. Two members, for terms expiring on July 1, 2005.
AB749-ASA1,17,11
114. One member, for a term expiring on July 1, 2006.
AB749-ASA1,17,1612
(b) Notwithstanding section 15.407 (7) (a) of the statutes, as created by this act,
13for the purpose of being appointed and serving as members of the massage therapy
14and bodywork council, the members need not be certified under chapter 460 of the
15statutes, as created by this act, until the first day of the 15th month beginning after
16the effective date of this paragraph.
AB749-ASA1,17,2317
(3)
Emergency rules. The department may use the procedure under section
18227.24 of the statutes to promulgate rules required under section 460.04 (2) of the
19statutes, as created by this act. Notwithstanding section 227.24 (1) (a), (2) (b), and
20(3) of the statutes, the department is not required to provide evidence that
21promulgating a rule under this subsection as an emergency rule is necessary for the
22preservation of public peace, health, safety, or welfare and is not required to provide
23a finding of emergency for a rule promulgated under this subsection.
AB749-ASA1,18,424
(4)
Transitional provisions; registrants. Notwithstanding section 460.05 (1)
25of the statutes, as created by this act, the department shall, no later than the first
1day of the 7th month beginning after the effective date of this subsection, issue a
2certificate as a massage therapist or bodyworker to a person who holds a valid license
3of registration as a massage therapist or bodyworker issued by the department under
4section 440.983, 1999 stats.
AB749-ASA1,18,95
(5)
Transitional provisions; nonregistrants. Notwithstanding section 460.05
6(1) of the statutes, as created by this act, the department shall issue a certificate as
7a massage therapist or bodyworker to a person if the educational approval board
8notifies the department that the educational approval board has determined all of
9the following:
AB749-ASA1,18,1510
(a)
That the person submitted, no later than the first day of the 25th month
11beginning after the effective date of this paragraph, an application to the educational
12approval board on a form provided by the educational approval board that describes
13the person's education, training, and experience in the practice of massage therapy
14or bodywork and provides evidence satisfactory to the educational approval board of
15all of the following:
AB749-ASA1,18,1616
1. That the person is 18 years of age or older.
AB749-ASA1,18,1917
2. That the person graduated from high school or attained high school
18graduation equivalency as determined by the department of public instruction under
19section 115.29 (4) of the statutes.
AB749-ASA1,18,2120
3. That, on the effective date of this subdivision, the person was actively
21engaged in the practice of massage therapy or bodywork.
AB749-ASA1,18,2422
4. That the person has in effect malpractice liability insurance coverage in an
23amount that is not less than $1,000,000 per occurrence and $1,000,000 for all
24occurrences in one year.
AB749-ASA1,19,2
1(b)
That the person paid the fee specified in section 440.05 (1) (a) of the statutes
2to the educational approval board.
AB749-ASA1,19,53
(c)
That the person's education, training, and experience in the practice of
4massage therapy or bodywork are substantially equivalent to the education required
5under section 460.05 (1) (e) of the statutes, as created by this act.
AB749-ASA1,19,97
(1) The treatment of section 146.81 (1) (hp) of the statutes first applies to the
8use of billing forms specified in section 632.725 (2) (a) of the statutes on the effective
9date of this subsection.
AB749-ASA1,19,1210
(2) The creation of chapter 460 of the statutes first applies to crimes relating
11to prostitution that are committed on and sexual contact or sexual intercourse that
12occurs on the effective date of this subsection.
AB749-ASA1,19,1413
(3) The treatment of section 895.48 (1m) (intro.) of the statutes first applies to
14care rendered on the effective date of this subsection.
AB749-ASA1, s. 25
15Section
25.
Effective dates. This act takes effect on the first day of the 7th
16month beginning after publication, except as follows:
AB749-ASA1,19,1817
(1) The treatment of section 15.407 (7) of the statutes and
Section 23 (1), (2
),
18and (3) of this act take effect on the day after publication.