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19460.08 Temporary license. Upon application and payment of the fee
20specified in s. 440.05 (6), the examining board may grant a temporary massage
21therapist or bodyworker license to a person who satisfies the requirements under s.
22460.05 (1) (a) to (e), has submitted an application to take the next available
23examinations under s. 460.06, and has not previously failed an examination. A
24temporary license granted under this section shall expire on the date on which the
25person receives notice that he or she failed one of the examinations or that he or she
1has passed both examinations. A temporary license granted under this section may
2not be renewed.
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3460.09 Reciprocal license. Upon application and payment of the fee
4specified in s. 440.05 (2), the examining board shall grant a massage therapist or
5bodyworker license to a person who holds a similar license or certificate in another
6state or territory of the United States or another country if the examining board
7determines that the requirements for receiving the license or certificate in the other
8state, territory, or country are substantially equivalent to the requirements under
9s. 460.05.
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10460.10 Continuing education. The examining board may promulgate rules
11establishing requirements and procedures for a massage therapist or bodyworker to
12complete continuing education programs or courses of study to qualify for renewal
13of his or her license. Any rules promulgated under this section shall require a
14massage therapist or bodyworker to complete at least 12 hours of continuing
15education programs or courses of study to qualify for renewal. The examining board
16may waive all or part of any requirement established in rules promulgated under this
17section if it determines that prolonged illness, disability, or other exceptional
18circumstances have prevented a massage therapist or bodyworker from completing
19the requirement.
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20460.11 Practice requirements. (1) A massage therapist or bodyworker may
21not practice massage therapy or bodywork on a client unless the massage therapist
22or bodyworker first obtains the informed consent of the client and has informed the
23client that he or she may withdraw the consent at any time.
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24(2) A massage therapist or bodyworker shall keep confidential any information
25that a client in confidence gives to the massage therapist or bodyworker and any
1other information that the massage therapist or bodyworker obtains about a client
2in the course of practicing massage therapy or bodywork that a reasonable person
3in the client's position would want kept confidential, unless the information is
4otherwise required by law to be disclosed or the client specifically authorizes the
5disclosure of the information.
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6(3) A massage therapist or bodyworker may not, whether for compensation or
7not, practice massage therapy or bodywork for a sexually oriented business, as
8defined by the examining board by rule.
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9460.12 Duty to make reports. (1) A massage therapist or bodyworker shall
10submit a report to the examining board if he or she has reasonable cause to believe
11that another massage therapist or bodyworker has committed a crime relating to
12prostitution under ss. 944.30 to 944.34 or has had sexual contact or sexual
13intercourse with a client. If the report relates to sexual contact or sexual intercourse
14with a client, the report may not identify the client unless the client has provided
15written consent for disclosure of this information.
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16(2) The examining board may use a report made under sub. (1) as the basis for
17an investigation under s. 460.15 (1). If, after an investigation, the examining board
18has reasonable cause to believe that a massage therapist or bodyworker has
19committed a crime, the examining board shall report the belief to the district
20attorney for the county in which the crime, in the opinion of the examining board,
21occurred.
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22(3) If, after an investigation, the examining board determines that a report
23submitted under sub. (1) is without merit, the examining board shall remove the
24report from the record of the massage therapist or bodyworker who is the subject of
25the report.
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1(4) All reports and records made from reports under sub. (1) and maintained
2by the department, the examining board, district attorneys and other persons,
3officials, and institutions shall be confidential and are exempt from disclosure under
4s. 19.35 (1). Information regarding the identity of a client with whom a massage
5therapist or bodyworker is suspected of having sexual contact or sexual intercourse
6shall not be disclosed by persons who have received or have access to a report or
7record unless disclosure is consented to in writing by the client. The report of
8information under sub. (1) and the disclosure of a report or record under this
9subsection does not violate any person's responsibility for maintaining the
10confidentiality of patient health care records, as defined in s. 146.81 (4) and as
11required under s. 146.82. Reports and records may be disclosed only to the
12department, the examining board, and the appropriate staff of a district attorney or
13a law enforcement agency within this state for purposes of investigation or
14prosecution.
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15(5) (a) In this subsection, "violation" means a violation of any state or local law
16that is punishable by a forfeiture.
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(b) A massage therapist or bodyworker shall submit a written report to the
18examining board if he or she is convicted of a felony or misdemeanor, or is found to
19have committed a violation, in this state or elsewhere, and if the circumstances of the
20felony, misdemeanor, or violation substantially relate to the practice of massage
21therapy or bodywork. The report shall identify the date, place, and nature of the
22conviction or finding and shall be submitted within 30 days after the entry of the
23judgment of conviction or the judgment finding that he or she committed the
24violation. If the report is submitted by mail, the report is considered to be submitted
25on the date that it is mailed.
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1460.13 Employment of massage therapists or bodyworkers. No person
2may employ a person to engage in the practice of massage therapy or bodywork
3unless the person who is employed is licensed under this chapter or is exempt from
4the licensure requirements of this chapter.
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5460.14 Advertising. A massage therapist or bodyworker may not advertise
6that he or she practices massage therapy or bodywork unless the advertisement
7includes his or her license number and a statement that the massage therapist or
8bodyworker is a "licensed massage therapist and bodyworker" or "licensed massage
9therapist" or "licensed bodyworker."
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10460.15 Disciplinary proceedings and actions. (1) Subject to the rules
11promulgated under s. 440.03 (1), the examining board may make investigations and
12conduct hearings to determine whether a violation of this chapter or any rule
13promulgated under this chapter has occurred.
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14(2) Subject to the rules promulgated under s. 440.03 (1), the examining board
15may reprimand a massage therapist or bodyworker or deny, limit, suspend, or revoke
16a license under this chapter if it finds that the applicant or licensee has done any of
17the following:
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(a) Made a material misstatement in an application for a license or for renewal
19of a license.
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(b) Subject to ss. 111.321, 111.322, and 111.335, been convicted of an offense the
21circumstances of which substantially relate to the practice of massage therapy or
22bodywork.
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(c) Advertised in a manner that is false, deceptive, or misleading.
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(d) Advertised, practiced, or attempted to practice under another's name.
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1(e) Subject to ss. 111.321, 111.322, and 111.34, practiced massage therapy or
2bodywork while his or her ability to practice was impaired by alcohol or other drugs.
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(f) Intentionally made a false statement in a report submitted under s. 460.12
4(1).
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(g) Engaged in unprofessional conduct in violation of the standards established
6in rules promulgated under s. 460.04 (2) (a).
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(h) Engaged in conduct while practicing massage therapy or bodywork that
8jeopardizes the health, safety, or welfare of a client or that evidences a lack of
9knowledge of, inability to apply, or the negligent application of, principles or skills
10of massage therapy or bodywork.
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(i) Committed a crime related to prostitution under ss. 944.30 to 944.34.
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(j) Violated this chapter or any rule promulgated under this chapter.
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13(3) The examining board may restore a license that has been suspended or
14revoked on such terms and conditions as the examining board may deem
15appropriate.
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16460.16 Penalties. (1) Except as provided in sub. (2), any person who violates
17this chapter or any rule promulgated under this chapter shall forfeit not more than
18$1,000 for each violation.
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19(2) A person who violates s. 460.02 shall forfeit not more than $500 for each
20violation. Each day of continued violation of s. 460.02 constitutes a separate
21violation.
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22Section
26. 895.48 (1m) (intro.) of the statutes is amended to read:
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895.48
(1m) (intro.) Any physician or athletic trainer licensed under ch. 448,
24chiropractor licensed under ch. 446, dentist licensed under ch. 447, emergency
25medical technician licensed under s. 146.50, first responder certified under s. 146.50
1(8), physician assistant licensed under ch. 448, registered nurse licensed under ch.
2441
, or a massage therapist or bodyworker issued a license
of registration under
3subch. XI of ch.
440 460 who renders voluntary health care to a participant in an
4athletic event or contest sponsored by a nonprofit corporation, as defined in s. 46.93
5(1m) (c), a private school, as defined in s. 115.001 (3r), a public agency, as defined in
6s. 46.93 (1m) (e), or a school, as defined in s. 609.655 (1) (c), is immune from civil
7liability for his or her acts or omissions in rendering that care if all of the following
8conditions exist:
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9Section
27. 908.03 (6m) (a) of the statutes is amended to read:
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908.03
(6m) (a)
Definition. In this subsection, "health care provider" means
11a massage therapist or bodyworker issued a license
of registration under
subch. XI
12of ch.
440 460, a chiropractor licensed under ch. 446, a dentist licensed under ch. 447,
13a physician assistant licensed under ch. 448
, or a health care provider as defined in
14s. 655.001 (8).
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(1)
Initial appointments.
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(a) Notwithstanding section 15.405 (6r) (a) of the statutes, as created by this
18act, the initial members of the massage therapy and bodywork examining board shall
19be appointed by the first day of the 3rd month beginning after the effective date of
20this paragraph for the following terms:
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211. Two massage therapist or bodyworker members and one public member, for
22terms expiring on July 1, 2003.
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232. One massage therapist or bodyworker member, for a term expiring on July
241, 2004.
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13. One massage therapist or bodyworker member and one public member, for
2terms expiring on July 1, 2005.
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34. One massage therapist or bodyworker member, for a term expiring on July
41, 2006.
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(b) Notwithstanding section 15.405 (6r) (a) of the statutes, as created by this
6act, for the purpose of being appointed and serving as members of the massage
7therapy and bodywork examining board, the members need not be licensed under
8chapter 460 of the statutes, as created by this act, until the first day of the 15th month
9beginning after the effective date of this paragraph.
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(2)
Emergency rules. The massage therapy and bodywork examining board
11may use the procedure under section 227.24 of the statutes to promulgate rules
12required under section 460.04 (2) of the statutes, as created by this act.
13Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the examining
14board is not required to provide evidence that promulgating a rule under this
15subsection as an emergency rule is necessary for the preservation of public peace,
16health, safety, or welfare and is not required to provide a finding of emergency for a
17rule promulgated under this subsection.
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(3)
Transitional provisions. Notwithstanding section 460.05 (1) of the
19statutes, as created by this act, the massage therapy and body work examining board
20shall do each of the following:
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(a) No later than the first day of the 7th month beginning after the effective date
22of this paragraph issue a license as a massage therapist or bodyworker to a person
23who holds a valid license of registration as a massage therapist or bodyworker issued
24by the department of regulation and licensing under section 440.983, 1999 stats.
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1(b)
Issue a license as a massage therapist or bodyworker to a person who, no
2later than the 7th month beginning after the effective date of this paragraph, does
3all of the following:
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41. Submits an application to the examining board on a form approved by the
5examining board that describes the person's education and his or her experience in
6the practice of massage therapy or bodywork.
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72. Provides evidence satisfactory to the examining board that he or she satisfies
8each of the following:
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9a. Has completed at least 300 classroom hours of instruction in the practice of
10massage therapy or bodywork.
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11b. Has in effect malpractice liability insurance coverage in an amount that is
12not less than $1,000,000 per occurrence and $1,000,000 for all occurrences in one
13year.
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143. Pays the fee specified in section 440.05 (1) of the statutes.
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(4)
A license of registration issued under subsection (3
) (a) may be renewed
16under section 460.07 (2) of the statutes, as created by this act. A license of
17registration issued under subsection (3
) (b) is valid until 2 years after that date that
18it is issued and may not be renewed.
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(1) The treatment of section 146.81 (1) (hp) of the statutes first applies to the
21use of billing forms specified in section 632.725 (2) (a) of the statutes on the effective
22date of this subsection.
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(2) The creation of chapter 460 of the statutes first applies to crimes relating
24to prostitution that are committed on and sexual contact or sexual intercourse that
25occurs on the effective date of this subsection.
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1(3) The treatment of section 895.48 (1m) (intro.) and (b) of the statutes first
2applies to care rendered on the effective date of this subsection.
SB413, s. 30
3Section
30.
Effective dates. This act takes effect on the first day of the 7th
4month beginning after publication, except as follows:
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(1)
The treatment of section 15.405 (6r) of the statutes and
Section 28 (1
) and
6(2) of this act take effect on the day after publication.