2009 WISCONSIN ACT 355
An Act to repeal 460.04 (3), 460.04 (4), 460.05 (3), 460.14 (4) and 460.15 (2); to renumber and amend 15.407 (7), 460.01 (1), 460.01 (2), 460.03, 460.04 (1), 460.06, 460.10 and 460.15 (1); to amend 146.81 (1) (hp), 146.997 (1) (d) 13., 180.1901 (1m) (ag), 252.15 (1) (ar) 1., 440.03 (13) (b) 38., 440.08 (2) (a) 46r., chapter 460 (title), 460.01 (3), 460.01 (4), 460.02, 460.04 (title), 460.04 (2) (intro.), (a), (b) and (e), 460.05 (title), 460.05 (1) (intro.), 460.05 (1) (c), 460.05 (1) (e), 460.05 (1) (g), 460.05 (2), 460.07 (1), 460.07 (2) (intro.), 460.07 (2) (c), 460.07 (2) (d), 460.09, 460.11, 460.12 (1), (2), (3), (4) and (5) (b), 460.13, 460.14 (1), 460.14 (2) (intro.), 460.14 (2) (a), 460.14 (2) (b), 460.14 (2) (e), 460.14 (2) (h), 460.14 (2m) (intro.), 460.14 (3), 460.17 and 895.48 (1m) (a) (intro.) and 2.; and to create 15.406 (6) (a) 2., 460.01 (1g), 460.03 (1m) (c), 460.03 (2m), 460.04 (1m), 460.04 (2) (f), 460.04 (2) (g), 460.08, 460.095 and 460.10 (1) (b) of the statutes; relating to: changes to the regulation of massage therapy and bodywork, creating the Massage Therapy and Bodywork Therapy Affiliated Credentialing Board, and granting rule-making authority.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
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2. 15.406 (6) (a) 2. of the statutes is created to read:
15.406 (6) (a) 2. One public member who satisfies the requirements under s. 460.03 (2m) (b).
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Section 3m. 15.407 (7) of the statutes is renumbered 15.406 (6), and 15.406 (6) (title), (a) and (b) (intro.), 2. and 3., as renumbered, are amended to read:
15.406 (6) (title) Massage therapy and bodywork council therapy affiliated credentialing board. (a) There is created in the department of regulation and licensing, attached to the medical examining board, a massage therapy and bodywork council in the department of regulation and licensing, serving the department in an advisory capacity therapy affiliated credentialing board. The council affiliated credentialing board shall consist of the following 7 members, appointed for 4-year terms, who are:
1. Six massage therapists or bodyworkers certified bodywork therapists licensed under ch. 460 and who have engaged in the practice of massage therapy or bodywork therapy for at least 2 years preceding appointment. One member appointed under this subdivision shall be a representative of a massage therapy or bodywork therapy school approved by the educational approval board under s. 38.50. One member appointed under this subdivision shall be a representative of a massage therapy or bodywork therapy program offered by a technical college in this state. No other members appointed under this subdivision shall be directly or indirectly affiliated with a massage therapy or bodywork therapy school or program.
(b) (intro.) In appointing members under par. (a), the governor shall ensure, to the maximum extent practicable, that the membership of the council affiliated credentialing board is diverse, based on all of the following factors:
2. Affiliation and nonaffiliation with a professional association for the practice of massage therapy or bodywork therapy.
3. Professional associations with which massage therapists or bodyworkers bodywork therapists in this state are affiliated.
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4. 146.81 (1) (hp) of the statutes is amended to read:
146.81 (1) (hp) A massage therapist or bodyworker certified bodywork therapist licensed under ch. 460.
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5. 146.997 (1) (d) 13. of the statutes is amended to read:
146.997 (1) (d) 13. A massage therapist or bodyworker bodywork therapist issued a certificate licensed under ch. 460.
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6. 180.1901 (1m) (ag) of the statutes is amended to read:
180.1901 (1m) (ag) The department of regulation and licensing massage therapy and bodywork therapy affiliated credentialing board under ch. 460.
252.15 (1) (ar) 1. A person or entity that is specified in s. 146.81 (1) (a) to (hm) and (i) to (p), but does not include a massage therapist or bodyworker issued a certificate under ch. 460.
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8. 440.03 (13) (b) 38. of the statutes is amended to read:
440.03 (13) (b) 38. Massage therapist or bodyworker bodywork therapist.
440.08 (2) (a) 46r. Massage therapist or bodyworker bodywork therapist: March 1 of each odd-numbered year.
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10. Chapter 460 (title) of the statutes is amended to read:
CHAPTER 460
Massage therapy and
bodywork therapy
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11. 460.01 (1) of the statutes is renumbered 460.01 (2m) and amended to read:
460.01 (2m) "Certificate License holder" means a person granted a certificate license under this chapter.
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12. 460.01 (1g) of the statutes is created to read:
460.01 (1g) "Adjunctive therapy" means any of the following:
(a) The use of a device that simulates or enhances a manual action.
(b) The application of water, lubricants, or other nonprescription topical agents to the skin.
(c) The application of heat or cold to the skin in the absence of an electromagnetic device.
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13. 460.01 (2) of the statutes is renumbered 460.01 (1r) and amended to read:
460.01 (1r) "Council Affiliated credentialing board" means the massage therapy and bodywork council therapy affiliated credentialing board.
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14. 460.01 (3) of the statutes is amended to read:
460.01 (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 without joint mobilization or manipulation.
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15. 460.01 (4) of the statutes is amended to read:
460.01 (4) "Massage therapy" or "bodywork therapy" means the science and healing art that uses manual actions and adjunctive therapies to palpate and manipulate the soft tissue of the human body, in order to improve circulation, reduce tension, relieve soft tissue pain, or increase flexibility, and. "Massage therapy" or "bodywork therapy" includes determining whether massage therapy or bodywork is manual actions and adjunctive therapies are appropriate or contraindicated, or whether a referral to another health care practitioner is appropriate. "Massage therapy" or "bodywork therapy" does not include making a medical, physical therapy, or chiropractic diagnosis.
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16. 460.02 of the statutes is amended to read:
460.02 Certificate License required. Except as provided in s. 460.03, no person may provide massage therapy or bodywork therapy, designate himself or herself as a massage therapist or bodyworker bodywork therapist or masseur or masseuse, or use or assume the title "massage therapist and bodyworker bodywork therapist" or "massage therapist" or "bodyworker bodywork therapist" or "masseur" or "masseuse" or any title that includes "massage therapist"," "bodywork therapist," or "bodyworker," or append to the person's name the letters "M.T.," "R.M.T.," "L.M.T.," "C.M.T.," "B.W," "B.T.," "B.W.," "L.B.W.," "R.B.W.," or "C.B.W.," or use any other title or designation that represents or may tend to represent that he or she is certified licensed under this chapter, unless the person is certified licensed under this chapter.
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17. 460.03 of the statutes is renumbered 460.03 (1m) and amended to read:
460.03 (1m) A certificate license under this chapter is not required for any of the following:
(a) 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 therapy within the scope of his or her license, permit, registration, or certification and who does not imply that he or she is certified licensed under this chapter. A person who is exempt from licensure under this subsection may use the terms "bodywork," "bodyworker," and "bodywork therapy" to identify his or her practice.
(b) A person who is authorized to practice massage therapy or bodywork therapy in another state or country and is providing a consultation to or demonstration with a certificate license holder. A person who is exempt from licensure under this subsection may use the terms "bodywork," "bodyworker," and "bodywork therapy" to identify his or her practice.
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18. 460.03 (1m) (c) of the statutes is created to read:
460.03 (1m) (c) A person who manipulates only the soft tissues of the hands, feet, or ears of the human body, provided that the services are not represented or implied to be massage therapy or bodywork therapy.
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19. 460.03 (2m) of the statutes is created to read:
460.03 (2m) (a) A person who does any of the following and who satisfies the requirements of par. (b):
1. Uses touch, words, and directed movement to deepen a client's awareness of his or her existing patterns of movement and to suggest to the client new patterns of movement.
2. Uses touch to affect the energy systems of the human body.
3. Uses touch and education to effect change in the structure of the body while engaged in the practice of structural integration.
(b) The person is recognized by or meets the established standards of either a professional organization or credentialing association that recognizes a person in a practice after that person demonstrates an adequate level of training and competency and adherence to ethical standards.
(c) A person who is exempt from licensure under this subsection may use the terms "bodywork," "bodyworker," and "bodywork therapy" to identify his or her practice.
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20. 460.04 (title) of the statutes is amended to read:
460.04 (title) Duties of department affiliated credentialing board.
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21. 460.04 (1) of the statutes is renumbered 460.05 (4) and amended to read:
460.05 (4) The department shall affiliated credentialing board may assign a unique certificate license number to each person certified licensed under this chapter.
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22. 460.04 (1m) of the statutes is created to read:
460.04 (1m) The affiliated credentialing board shall prepare an examination on state laws and administrative rules governing massage therapy and bodywork therapy.
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23. 460.04 (2) (intro.), (a), (b) and (e) of the statutes are amended to read:
460.04 (2) (intro.) The department
affiliated credentialing board shall promulgate rules that establish all of the following:
(a) Standards that govern the professional conduct of certificate license holders in practicing massage therapy or bodywork therapy. The standards shall prohibit a certificate license holder from having sexual contact or sexual intercourse with a client.
(b) Criteria for approving a training program for purposes of s. 460.05 (1) (e) 1. Rules promulgated under this paragraph shall require the training program to meet the requirements under s. 460.095 and to consist of at least 600 classroom hours.
(e) A requirement that an applicant for a certificate license under this chapter submit evidence satisfactory to the department affiliated credentialing board that the applicant has current proficiency in the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved under s. 46.03 (38) to provide such instruction.
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24. 460.04 (2) (f) of the statutes is created to read:
460.04 (2) (f) Requirements to be satisfied by a person seeking a temporary license under s. 460.08. The rules promulgated under this subsection shall require the person to be a graduate of a massage therapy or bodywork therapy school or program and may require the holder of a temporary license to make disclosures to clients and to practice under the supervision of a massage therapist or bodywork therapist licensed under this chapter.
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25. 460.04 (2) (g) of the statutes is created to read:
460.04 (2) (g) A requirement that an applicant for a license under this chapter pass an examination on state laws and administrative rules governing massage therapy and bodywork therapy.
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26. 460.04 (3) of the statutes is repealed.
