MJL&MDK:wlj&cs:pg
2001 - 2002 LEGISLATURE
February 4, 2002 - Introduced by Senators Robson, Huelsman, Plache, Burke,
Ellis, George, Roessler, A. Lasee, Harsdorf, Darling and Wirch,
cosponsored by Representatives
Kaufert, Krawczyk, Urban, Bies, Nass,
Plale, Owens, Ryba, Vrakas, Jeskewitz, Ziegelbauer, J. Lehman, Turner,
Ladwig, Wasserman, Ott and Hines. Referred to Committee on Health,
Utilities, Veterans and Military Affairs.
SB413,1,10
1An Act to repeal 180.1901 (1m) (ag), 440.08 (2) (a) 67q., subchapter XI (title) of
2chapter 440 [precedes 440.98], 440.98 to 440.981, 440.982 (title) and (1) (intro.)
3and (a), 440.982 (1) (c) and (2) and 440.983 to 440.988;
to renumber and
4amend 440.982 (1) (b) and 440.989;
to amend 15.08 (1m) (b), 50.01 (2), 55.043
5(4) (e), 103.10 (1) (e), 146.40 (1) (d), 146.81 (1) (hp), 146.997 (1) (d) 13., 252.15
6(1) (ar) 1., 448.03 (2) (a), 448.10 (4), 451.02 (1), 895.48 (1m) (intro.) and 908.03
7(6m) (a); and
to create 15.405 (6r), 180.1901 (1m) (h), 440.08 (2) (a) 46r., 448.21
8(1) (f) and chapter 460 of the statutes;
relating to: the regulation of massage
9therapists and bodyworkers, creating a massage therapy and bodywork
10examining board, granting rule-making authority and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law prohibits a person who is not issued a license of registration from
the department of regulation and licensing (DRL) from using a title that represents
that he or she is a massage therapist, also called "bodyworker." DRL must
promulgate rules establishing requirements and standards for the practice of
massage therapy and for the education, training, and competency requirements that
a person must satisfy before being issued a license of registration. The rules require,
among other things an applicant for a license of registration to have completed 500
classroom hours of study in a course of instruction in massage therapy approved by
DRL or at a school approved by the educational approval board. In addition, current
law requires an applicant for a license of registration to have successfully completed
the national certification examination for therapeutic massage and bodywork or a
substantially equivalent examination.
This bill replaces the registration requirements of current law with licensure
requirements and creates a seven-member massage therapy and bodywork
examining board (examining board), attached to DRL, to administer and enforce the
requirements. More specifically, the bill does all of the following with respect to the
regulation of massage therapists and bodyworkers:
1. Prohibits a person from practicing massage therapy or bodywork or
designating or titling himself or herself as a massage therapist or bodyworker unless
the person is licensed by DRL.
2. Specifies the education, training, examination and other requirements and
qualifications needed for licensure as a massage therapist or bodyworker and allows
the examining board to waive any of the requirements if an applicant has
substantially equivalent education, training, or other experience. The bill maintains
the examination requirement under current law, except that the bill requires DRL
to promulgate rules that require an applicant to also pass an examination on state
laws and administrative rules governing massage therapy or bodywork. Under
current law, DRL is allowed, not required, to promulgate such rules. The bill also
allows the examining board to promulgate rules that require a licensed massage
therapist or bodyworker to complete at least 12 hours of continuing education every
two years and requires 600 hours, instead of 500 hours, of classroom training for
license applicants.
3. Requires the examining board to issue licenses to persons who are registered
under current law and to issue two-year temporary licenses to certain people who
have not yet satisfied all of the bill's requirements for licensure.
4. Requires a massage therapist or bodyworker to obtain the informed consent
of a client and to keep confidential any information that is given to the massage
therapist or bodyworker in confidence by a client.
5. Prohibits a massage therapist or bodyworker from practicing massage
therapy or bodywork at a "sexually oriented business," as defined by rule by the
examining board.
6. Requires a massage therapist or bodyworker to make a report to the
examining board if he or she is convicted of a felony or misdemeanor, or is found to
have committed a violation of state or local law that is punishable by a forfeiture, and
the circumstances of the felony, misdemeanor, or violation substantially relate to the
practice of massage therapy or bodywork. The bill also requires a massage therapist
or bodyworker to make 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 or has had sexual contact or intercourse with a client
and allows the examining board to investigate the report.
7. Creates exemptions from the bill's requirements for certain persons,
including: a) a massage therapist student who practices, without compensation,
under the supervision of an instructor; and b) a person who does not imply that he
or she is a massage therapist or bodyworker and who restricts his or her
manipulation of soft tissue to hands or feet; uses touch or spoken words to increase
awareness of patterns of movements in the human body; or restricts his or her touch
to influence energy fields within or around the human body.
Finally, the bill makes other changes, including all of the following:
1. Makes state law regarding the confidentiality of patient health care records
applicable to records of a massage therapist or bodyworker about his or her clients.
2. Allows massage therapists or bodyworkers to organize and be shareholders
in a health care professional service corporation. Current law allows only certain
other health care providers to organize and be members of such a corporation.
3. Exempts, under certain circumstances, massage therapists or bodyworkers
from civil liability for rendering voluntary care to participants at certain athletic
events and contests. Current law exempts only certain other health care providers
from such liability.
4. Expands the exception to the hearsay rule under current law that applies
to records of certain health care providers so that it also applies to records of massage
therapists or bodyworkers.
5. Expands the applicability of certain requirements under current law
pertaining to subpoenas of health care records so that they also apply to records of
massage therapists and bodyworkers.
6. Prohibits cities, villages, towns, and counties from regulating the practice
of massage therapy and bodywork by persons licensed under the bill. This
prohibition is similar to a prohibition under current law regarding persons who are
registered.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB413, s. 1
1Section
1. 15.08 (1m) (b) of the statutes is amended to read:
SB413,4,62
15.08
(1m) (b) The public members of the chiropractic examining board, the
3dentistry examining board, the hearing and speech examining board,
the massage
4therapy and bodywork examining board, the medical examining board, podiatry
5examining council, occupational therapy examining council, respiratory care
6practitioners examining council and council on physician assistants, the board of
1nursing, the nursing home administrator examining board, the veterinary
2examining board, the optometry examining board, the pharmacy examining board,
3the examining board of social workers, marriage and family therapists and
4professional counselors and the psychology examining board shall not be engaged in
5any profession or occupation concerned with the delivery of physical or mental health
6care.
SB413, s. 2
7Section
2. 15.405 (6r) of the statutes is created to read:
SB413,4,118
15.405
(6r) Massage therapy and bodywork examining board. (a) There is
9created a massage therapy and bodywork examining board in the department of
10regulation and licensing. The examining board shall consist of the following
11members appointed for 4-year terms:
SB413,4,1412
1. Five massage therapists or bodyworkers who are licensed under ch. 460 and
13have engaged in the practice of massage therapy or bodywork for at least 2 years
14preceding appointment.
SB413,4,1515
2. Two public members.
SB413,4,1816
(b) In appointing members under par. (a), the governor shall ensure, to the
17maximum extent practicable, that the membership of the board is diverse, based on
18all of the following factors:
SB413,4,1919
1. Massage or bodywork therapies practiced in this state.
SB413,4,2120
2. Affiliation and nonaffiliation with a professional association for the practice
21of massage therapy or bodywork.
SB413,4,2322
3. Professional associations with which massage therapists or bodyworkers in
23this state are affiliated.
SB413,4,2424
4. Practice in urban and rural areas in this state.
SB413, s. 3
25Section
3. 50.01 (2) of the statutes is amended to read:
SB413,5,7
150.01
(2) "Nurse's assistant" means a person who performs routine patient care
2duties delegated by a registered nurse or licensed practical nurse who supervises the
3person, for the direct health care of a patient or resident. "Nurse's assistant" does
4not mean a person who is licensed, permitted, certified
, or registered under
subch.
5XI of ch. 440 or ch. 441, 448, 449, 450, 451, 455
or
, 459
, or 460 or a person whose duties
6primarily involve skills that are different than those taught in instructional
7programs for nurse's assistants.
SB413, s. 4
8Section
4. 55.043 (4) (e) of the statutes is amended to read:
SB413,5,119
55.043
(4) (e) Refer the case to the department of regulation and licensing if
10the misappropriation of property or neglect or abuse involves an individual who is
11required to hold a credential, as defined in s. 440.01 (2) (a), under chs. 440 to
459 460.
SB413, s. 5
12Section
5. 103.10 (1) (e) of the statutes is amended to read:
SB413,5,1413
103.10
(1) (e) "Health care provider" means a person described under s. 146.81
14(1)
, but does not include a person described under s. 146.81 (1) (hp).
SB413, s. 6
15Section
6. 146.40 (1) (d) of the statutes is amended to read:
SB413,5,2416
146.40
(1) (d) "Nurse's assistant" means an individual who performs routine
17patient care duties delegated by a registered nurse or licensed practical nurse who
18supervises the individual, for the direct health care of a patient or resident. "Nurse's
19assistant" does not mean an individual who is licensed, permitted, certified
, or
20registered under
subch. XI of ch. 440 or ch. 441, 448, 449, 450, 451, 455
or, 459
, or
21460 or an individual whose duties primarily involve skills that are different than
22those taught in instructional and competency evaluation programs for nurse's
23assistants certified under sub. (3) or evaluated by competency evaluation programs
24for nurse's assistants approved under sub. (3m).
SB413, s. 7
25Section
7. 146.81 (1) (hp) of the statutes is amended to read:
SB413,6,2
1146.81
(1) (hp) A massage therapist or bodyworker
issued a license licensed 2under
subch. XI of ch. 440 ch. 460.
SB413, s. 8
3Section
8. 146.997 (1) (d) 13. of the statutes is amended to read:
SB413,6,54
146.997
(1) (d) 13. A massage therapist or bodyworker issued a license
of
5registration under
subch. XI of ch.
440 460.
SB413, s. 9
6Section
9. 180.1901 (1m) (ag) of the statutes is repealed.
SB413, s. 10
7Section
10. 180.1901 (1m) (h) of the statutes is created to read:
SB413,6,98
180.1901
(1m) (h) Massage therapy and bodywork examining board under ch.
9460.
SB413, s. 11
10Section
11. 252.15 (1) (ar) 1. of the statutes is amended to read:
SB413,6,1311
252.15
(1) (ar) 1. A person or entity that is specified in s. 146.81 (1), but does
12not include a massage therapist or bodyworker issued a license
of registration under
13subch. XI of ch.
440 460.
SB413, s. 12
14Section
12. 440.08 (2) (a) 46r. of the statutes is created to read:
SB413,6,1615
440.08
(2) (a) 46r. Massage therapist or bodyworker: July 1 of each
16even-numbered year; $53.
SB413, s. 14
19Section
14. Subchapter XI (title) of chapter 440 [precedes 440.98] of the
20statutes is repealed.
SB413, s. 15
21Section
15. 440.98 to 440.981 of the statutes are repealed.
SB413, s. 16
22Section
16. 440.982 (title) and (1) (intro.) and (a) of the statutes are repealed.
SB413, s. 17
23Section
17. 440.982 (1) (b) of the statutes is renumbered 460.06 and amended
24to read:
SB413,7,17
1460.06 Examinations. Promulgate rules establishing the education, training
2or competency requirements that an applicant for a license must satisfy in order to
3be issued a license of registration under this subchapter. The rules shall require an
4applicant to complete at least 500 classroom hours of study in a course of instruction
5in massage therapy or bodywork approved by the department or at a school approved
6by the educational approval board under s. 45.54. The rules shall also require an The
7examining board may not grant a license under this chapter unless the applicant
8whose application is received after March 1, 2000, to successfully
complete 9completes the national certification examination for therapeutic massage and
10bodywork that is offered by the National Certification Board for Therapeutic
11Massage and Bodywork or a substantially equivalent examination relating to the
12practice of massage therapy or bodywork that is
approved administered by a
13program that is accredited by the National Commission of Certifying Agencies of the
14National Organization for Competency Assurance or that is developed, administered
15or approved by the
department examining board. The
examining board shall
16promulgate rules
may that also require an applicant to pass an examination on state
17laws and administrative rules governing massage therapy or bodywork.
SB413, s. 18
18Section
18. 440.982 (1) (c) and (2) of the statutes are repealed.
SB413, s. 19
19Section
19. 440.983 to 440.988 of the statutes are repealed.
SB413, s. 20
20Section
20. 440.989 of the statutes is renumbered 460.17 and amended to
21read:
SB413,8,4
22460.17 Local regulation. A city, village, town
, or county
, may not enact an
23ordinance that regulates the practice of massage therapy or bodywork by a person
24who is issued a license
of registration by the
department examining board under
25this
subchapter chapter. No provision of any ordinance enacted by a city, village,
1town
, or county that is in effect before February 1, 1999, and that relates to the
2practice of massage therapy or bodywork, may be enforced against a person who
3is issued a license
of registration by the
department examining board under this
4subchapter chapter.
SB413, s. 21
5Section
21. 448.03 (2) (a) of the statutes is amended to read:
SB413,8,126
448.03
(2) (a) Any person lawfully practicing within the scope of a license,
7permit, registration, certificate or certification granted to practice professional or
8practical nursing or nurse-midwifery under ch. 441, to practice chiropractic under
9ch. 446, to practice dentistry or dental hygiene under ch. 447, to practice optometry
10under ch. 449, to practice acupuncture under ch. 451
, to practice massage therapy
11or bodywork under ch. 460 or under any other statutory provision, or as otherwise
12provided by statute.
SB413, s. 22
13Section
22. 448.10 (4) of the statutes is amended to read:
SB413,9,214
448.10
(4) Massage and hydrotherapy.
Any Notwithstanding s. 460.02, any 15person who, on July 11, 1953, was practicing massage and hydrotherapy in this state
16under a certificate of registration issued pursuant to s. 147.185, 1951 stats., as it
17existed prior to July 11, 1953, or who had applied for a certificate of registration in
18massage and hydrotherapy before said date, shall have the right to continue to so
19practice under such certificate, and the term "massage and hydrotherapy" shall be
20deemed to include the use of galvanic generator, diathermy, infrared ray and
21ultraviolet light for massage purposes. Nothing contained in this subsection shall
22limit the existing authority of the board to revoke such certificate for cause, and in
23addition, the board may require the holder of such certificate to demonstrate by
24examination fitness to use the instrumentalities enumerated in this subsection. A
25lack of such fitness shall constitute cause for revocation of such certificate. No such
1certificate holder shall treat a specific disease except on the advice of a licensed
2physician.
SB413, s. 23
3Section
23. 448.21 (1) (f) of the statutes is created to read:
SB413,9,54
448.21
(1) (f) The practice of massage therapy or bodywork within the meaning
5of ch. 460.
SB413, s. 24
6Section
24. 451.02 (1) of the statutes is amended to read:
SB413,9,97
451.02
(1) An individual holding a license, permit or certificate under ch. 441,
8446, 447, 448
or, 449
, or 460 who engages in a practice of acupuncture that is also
9included within the scope of his or her license, permit
, or certificate.
SB413, s. 25
10Section
25. Chapter 460 of the statutes is created to read:
SB413,9,1311
Chapter 460
12
Massage therapy and bodywork
13
examining board
SB413,9,14
14460.01 Definitions. In this chapter:
SB413,9,17
15(1) "Adjunctive therapy" includes the use of a device that simulates or enhances
16a manual action and the application of heat, cold, water, light, or a topical
17preparation.
SB413,9,19
18(2) "Examining board" means the massage therapy and bodywork examining
19board.
SB413,9,22
20(3) "Manual action" includes holding, positioning, rocking, kneading,
21compressing, decompressing, gliding, or percussing the soft tissue of the human body
22or applying a passive range of motion to the human body.
SB413,9,24
23(4) "Massage therapist or bodyworker" means a person who is licensed as a
24massage therapist or bodyworker under this chapter.
SB413,10,7
1(5) "Massage therapy or bodywork" means the science and healing art that uses
2manual actions to palpate and manipulate the soft tissue of the human body, and
3adjunctive therapies, to improve circulation, reduce tension, relieve soft tissue pain,
4or increase flexibility, and includes determining whether massage therapy or
5bodywork is appropriate or contraindicated, or whether a referral to another health
6care practitioner is appropriate. "Massage therapy or bodywork" does not include
7making a medical diagnosis.