SB413: Bill Text

SB413, s. 19 Section 19. 440.983 to 440.988 of the statutes are repealed.

SB413, s. 20 Section 20. 440.989 of the statutes is renumbered 460.17 and amended to read:

SB413,8,4 460.17 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 examining board under this subchapter chapter. 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 examining board under this subchapter chapter.

SB413, s. 21 Section 21. 448.03 (2) (a) of the statutes is amended to read:

SB413,8,12 448.03 (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.

SB413, s. 22 Section 22. 448.10 (4) of the statutes is amended to read:

SB413,9,2 448.10 (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.

SB413, s. 23 Section 23. 448.21 (1) (f) of the statutes is created to read:

SB413,9,5 448.21 (1) (f) The practice of massage therapy or bodywork within the meaning of ch. 460.

SB413, s. 24 Section 24. 451.02 (1) of the statutes is amended to read:

SB413,9,9 451.02 (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.

SB413, s. 25 Section 25. Chapter 460 of the statutes is created to read:

SB413,9,13 Chapter 460 Massage therapy and bodywork examining board

SB413,9,14 460.01 Definitions. In this chapter:

SB413,9,17 (1) "Adjunctive therapy" includes the use of a device that simulates or enhances a manual action and the application of heat, cold, water, light, or a topical preparation.

SB413,9,19 (2) "Examining board" means the massage therapy and bodywork examining board.

SB413,9,22 (3) "Manual action" includes holding, positioning, rocking, kneading, compressing, decompressing, gliding, or percussing the soft tissue of the human body or applying a passive range of motion to the human body.

SB413,9,24 (4) "Massage therapist or bodyworker" means a person who is licensed as a massage therapist or bodyworker under this chapter.

SB413,10,7 (5) "Massage therapy or bodywork" 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. "Massage therapy or bodywork" does not include making a medical diagnosis.

SB413,10,8 (6) "Physician's office" has the meaning given in s. 101.123 (1) (dg).

SB413,10,9 (7) "Sexual contact" has the meaning given in s. 939.22 (34).

SB413,10,10 (8) "Sexual intercourse" has the meaning given in s. 948.01 (7) (a).

SB413,10,18 460.02 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 that represents or may tend to represent the person as a massage therapist or bodyworker, unless the person is licensed under this chapter.

SB413,10,20 460.03 Applicability. A license under this chapter is not required for any of the following:

SB413,10,25 (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.

SB413,11,3 (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 supervision of an instructor.

SB413,11,7 (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.

SB413,11,9 (4) A person who does any of the following and who does not imply that he or she is a massage therapist or bodyworker:

SB413,11,10 (a) Restricts his or her manipulation of soft tissue to the hands or feet.

SB413,11,12 (b) Uses touch or spoken words to increase awareness of existing or potential patterns of movement in the human body.

SB413,11,14 (c) Restricts his or her touch to placing the hands on or above the human body to influence the energy fields within or around the body.

SB413,11,16 460.04 Duties of examining board. (1) The examining board shall assign a unique license number to each person licensed under this chapter.

SB413,11,18 (2) The examining board shall promulgate rules that establish all of the following:

SB413,11,21 (a) Standards that govern the professional conduct of massage therapists or bodyworkers. The standards shall prohibit a massage therapist or bodyworker from having sexual contact or sexual intercourse with a client.

SB413,11,25 (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.

SB413,12,4 (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 600 classroom hours.

SB413,12,6 (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).

SB413,12,7 (e) A definition of "sexually oriented business" for purposes of s. 460.11 (3).

SB413,12,10 460.05 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:

SB413,12,11 (a) The person is 18 years of age or older.

SB413,12,14 (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).

SB413,12,16 (c) The person submits an application for the license to the department on a form provided by the department.

SB413,12,17 (d) The person pays the fee specified in s. 440.05 (1).

SB413,12,19 (e) Except as provided in sub. (2), the person submits evidence satisfactory to the examining board that he or she has done all of the following:

SB413,12,21 1. Graduated from a school of massage therapy or bodywork approved under s. 45.54.

SB413,12,24 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.

SB413,13,3 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.

SB413,13,4 (f) The person passes the examinations under s. 460.06.

SB413,13,8 (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.

SB413,13,13 460.07 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.

SB413,13,18 (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.

SB413,14,2 460.08 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 examinations under s. 460.06, and has not previously failed an examination. A temporary license 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 license granted under this section may not be renewed.

SB413,14,9 460.09 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 or another country if the examining board determines that the requirements for receiving the license or certificate in the other state, territory, or country are substantially equivalent to the requirements under s. 460.05.

SB413,14,19 460.10 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 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 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.

SB413,14,23 460.11 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.

SB413,15,5 (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.

SB413,15,8 (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.

SB413,15,15 460.12 Duty to make reports. (1) A massage therapist or bodyworker shall submit 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 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.

SB413,15,21 (2) The examining board may use a report made under sub. (1) as the basis for an investigation under s. 460.15 (1). If, after an investigation, the examining board has reasonable cause to believe that a massage therapist or bodyworker has committed a crime, the examining board shall report the belief to the district attorney for the county in which the crime, in the opinion of the examining board, occurred.

SB413,15,25 (3) If, after an investigation, the examining board determines that a report submitted under sub. (1) is without merit, the examining board shall remove the report from the record of the massage therapist or bodyworker who is the subject of the report.

SB413,16,14 (4) All reports and records made from reports under sub. (1) and maintained by the department, the examining board, 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 massage therapist or bodyworker 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, the examining board, and the appropriate staff of a district attorney or a law enforcement agency within this state for purposes of investigation or prosecution.

SB413,16,16 (5) (a) In this subsection, "violation" means a violation of any state or local law that is punishable by a forfeiture.

SB413,16,25 (b) A massage therapist or bodyworker shall submit a written report to the examining board 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.

SB413,17,4 460.13 Employment of massage therapists or bodyworkers. No person may employ a person to engage in the practice of massage therapy or bodywork unless the person who is employed is licensed under this chapter or is exempt from the licensure requirements of this chapter.

SB413,17,9 460.14 Advertising. A massage therapist or bodyworker may not advertise that he or she practices massage therapy or bodywork unless the advertisement includes his or her license number and a statement that the massage therapist or bodyworker is a "licensed massage therapist and bodyworker" or "licensed massage therapist" or "licensed bodyworker."

SB413,17,13 460.15 Disciplinary proceedings and actions. (1) Subject to the rules promulgated under s. 440.03 (1), the examining board may make investigations and conduct hearings to determine whether a violation of this chapter or any rule promulgated under this chapter has occurred.

SB413,17,17 (2) Subject to the rules promulgated under s. 440.03 (1), the examining board may reprimand a massage therapist or bodyworker or deny, limit, suspend, or revoke a license under this chapter if it finds that the applicant or licensee has done any of the following:

SB413,17,19 (a) Made a material misstatement in an application for a license or for renewal of a license.

SB413,17,22 (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.

SB413,17,23 (c) Advertised in a manner that is false, deceptive, or misleading.

SB413,17,24 (d) Advertised, practiced, or attempted to practice under another's name.

SB413,18,2 (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.

SB413,18,4 (f) Intentionally made a false statement in a report submitted under s. 460.12 (1).

SB413,18,6 (g) Engaged in unprofessional conduct in violation of the standards established in rules promulgated under s. 460.04 (2) (a).

SB413,18,10 (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.

SB413,18,11 (i) Committed a crime related to prostitution under ss. 944.30 to 944.34.

SB413,18,12 (j) Violated this chapter or any rule promulgated under this chapter.

SB413,18,15 (3) The examining board may restore a license that has been suspended or revoked on such terms and conditions as the examining board may deem appropriate.

SB413,18,18 460.16 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.

SB413,18,21 (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.

SB413, s. 26 Section 26. 895.48 (1m) (intro.) of the statutes is amended to read:

SB413,19,8 895.48 (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 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:

SB413, s. 27 Section 27. 908.03 (6m) (a) of the statutes is amended to read:

SB413,19,14 908.03 (6m) (a) Definition. In this subsection, "health care provider" means a massage therapist or bodyworker issued a license of registration 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).

SB413, s. 28 Section 28 . Nonstatutory provisions.

SB413,19,16 (1) Initial appointments.

SB413,19,20 (a) Notwithstanding section 15.405 (6r) (a) of the statutes, as created by this act, the initial members of the massage therapy and bodywork examining board shall be appointed by the first day of the 3rd month beginning after the effective date of this paragraph for the following terms:

SB413,19,22 1. Two massage therapist or bodyworker members and one public member, for terms expiring on July 1, 2003.

SB413,19,24 2. One massage therapist or bodyworker member, for a term expiring on July 1, 2004.