SB413: Bill Text

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.

SB413,20,2 3. One massage therapist or bodyworker member and one public member, for terms expiring on July 1, 2005.

SB413,20,4 4. One massage therapist or bodyworker member, for a term expiring on July 1, 2006.

SB413,20,9 (b) Notwithstanding section 15.405 (6r) (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 examining board, the members need not be licensed 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.

SB413,20,17 (2) Emergency rules. The massage therapy and bodywork examining board 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 examining board 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.

SB413,20,20 (3) Transitional provisions. Notwithstanding section 460.05 (1) of the statutes, as created by this act, the massage therapy and body work examining board shall do each of the following:

SB413,20,24 (a) No later than the first day of the 7th month beginning after the effective date of this paragraph issue a license 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 of regulation and licensing under section 440.983, 1999 stats.

SB413,21,3 (b) Issue a license as a massage therapist or bodyworker to a person who, no later than the 7th month beginning after the effective date of this paragraph, does all of the following:

SB413,21,6 1. Submits an application to the examining board on a form approved by the examining board that describes the person's education and his or her experience in the practice of massage therapy or bodywork.

SB413,21,8 2. Provides evidence satisfactory to the examining board that he or she satisfies each of the following:

SB413,21,10 a. Has completed at least 300 classroom hours of instruction in the practice of massage therapy or bodywork.

SB413,21,13 b. 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.

SB413,21,14 3. Pays the fee specified in section 440.05 (1) of the statutes.

SB413,21,18 (4) A license of registration issued under subsection (3 ) (a) may be renewed under section 460.07 (2) of the statutes, as created by this act. A license of registration issued under subsection (3 ) (b) is valid until 2 years after that date that it is issued and may not be renewed.

SB413, s. 29 Section 29. Initial applicability.

SB413,21,22 (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.

SB413,21,25 (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.

SB413,22,2 (3)  The treatment of section 895.48 (1m) (intro.) and (b) of the statutes first applies to care rendered on the effective date of this subsection.

SB413, s. 30 Section 30. Effective dates. This act takes effect on the first day of the 7th month beginning after publication, except as follows:

SB413,22,6 (1) The treatment of section 15.405 (6r) of the statutes and Section 28 (1 ) and (2) of this act take effect on the day after publication.

SB413,22,7 (End)