SB388: Bill Text

SB388,4,4 15.405 (6r) (a) 2. One public member.

SB388, s. 3 Section 3. 15.407 (7) of the statutes is renumbered 15.405 (6r), and 15.405 (6r) (a) and (b) (intro.), 2. and 3., as renumbered, are amended to read:

SB388,4,11 15.405 (6r) Massage therapy and bodywork council therapy examining board. (a) There is created a massage therapy and bodywork council therapy examining board in the department of regulation and licensing, serving the department in an advisory capacity. The council examining board shall consist of the following 7 members, appointed for 4-year terms, who are:

SB388,4,20 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.

SB388,4,23 (b) (intro.) In appointing members under par. (a), the governor shall ensure, to the maximum extent practicable, that the membership of the council examining board is diverse, based on all of the following factors:

SB388,4,25 2. Affiliation and nonaffiliation with a professional association for the practice of massage therapy or bodywork therapy.

SB388,5,2 3. Professional associations with which massage therapists or bodyworkers bodywork therapists in this state are affiliated.

SB388, s. 4 Section 4. 146.81 (1) (hp) of the statutes is amended to read:

SB388,5,5 146.81 (1) (hp) A massage therapist or bodyworker certified bodywork therapist licensed under ch. 460.

SB388, s. 5 Section 5. 146.997 (1) (d) 13. of the statutes is amended to read:

SB388,5,8 146.997 (1) (d) 13. A massage therapist or bodyworker bodywork therapist issued a certificate licensed under ch. 460.

SB388, s. 6 Section 6. 180.1901 (1m) (ag) of the statutes is amended to read:

SB388,5,11 180.1901 (1m) (ag) The department of regulation and licensing massage therapy and bodywork therapy examining board under ch. 460.

SB388, s. 7 Section 7. 252.15 (1) (ar) 1. of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB388,5,16 252.15 (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.

SB388, s. 8 Section 8. 440.03 (13) (b) 38. of the statutes is amended to read:

SB388,5,18 440.03 (13) (b) 38. Massage therapist or bodyworker bodywork therapist.

SB388, s. 9 Section 9. 440.08 (2) (a) 46r. of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

SB388,5,22 440.08 (2) (a) 46r. Massage therapist or bodyworker bodywork therapist: March 1 of each odd-numbered year.

SB388, s. 10 Section 10. Chapter 460 (title) of the statutes is amended to read:

SB388,5,24 CHAPTER 460

SB388,6,2 Massage therapy and bodywork therapy

SB388, s. 11 Section 11. 460.01 (1) of the statutes is renumbered 460.01 (2m) and amended to read:

SB388,6,6 460.01 (2m) "Certificate License holder" means a person granted a certificate license under this chapter.

SB388, s. 12 Section 12. 460.01 (1g) of the statutes is created to read:

SB388,6,8 460.01 (1g) "Adjunctive therapy" means any of the following:

SB388,6,9 (a) The use of a device that simulates or enhances a manual action.

SB388,6,11 (b) The application of water, lubricants, or other nonprescription topical agents to the skin.

SB388,6,13 (c) The application of heat or cold to the skin in the absence of an electromagnetic device.

SB388, s. 13 Section 13. 460.01 (2) of the statutes is renumbered 460.01 (1r) and amended to read:

SB388,6,17 460.01 (1r) "Council Examining Board" means the massage therapy and bodywork council therapy examining board.

SB388, s. 14 Section 14. 460.01 (3) of the statutes is amended to read:

SB388,6,22 460.01 (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.

SB388, s. 15 Section 15. 460.01 (4) of the statutes is amended to read:

SB388,7,7 460.01 (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.

SB388, s. 16 Section 16. 460.02 of the statutes is amended to read:

SB388,7,18 460.02 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 use or assume the title "massage therapist and bodyworker bodywork therapist" or "massage therapist" or "bodyworker bodywork therapist" 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.

SB388, s. 17 Section 17. 460.03 of the statutes is renumbered 460.03 (1m) and amended to read:

SB388,7,22 460.03 (1m) A certificate license under this chapter is not required for any of the following:

SB388,8,4 (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.

SB388,8,9 (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.

SB388, s. 18 Section 18. 460.03 (1m) (c) of the statutes is created to read:

SB388,8,13 460.03 (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.

SB388, s. 19 Section 19. 460.03 (2m) of the statutes is created to read:

SB388,8,16 460.03 (2m) (a) A person who does any of the following and who satisfies the requirements of par. (b):

SB388,8,19 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.

SB388,8,20 2. Uses touch to affect the energy systems of the human body.

SB388,8,22 3. Uses touch and education to effect change in the structure of the body while engaged in the practice of structural integration.

SB388,9,5 (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. In this paragraph, "practice" includes Rolfing Structural Integration, the Rolf Method of Structural Integration, the Rolf Institute's Rolf Movement Integration, Hellerwork, the Feldenkrais Method, the Trager Approach, body-mind centering, polarity, polarity therapy, polarity bodywork therapy, and reiki.

SB388,9,8 (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.

SB388, s. 20 Section 20. 460.04 (title) of the statutes is amended to read:

SB388,9,10 460.04 (title) Duties of department examining board.

SB388, s. 21 Section 21. 460.04 (1) of the statutes is renumbered 460.05 (4) and amended to read:

SB388,9,14 460.05 (4) The department shall examining board may assign a unique certificate license number to each person certified licensed under this chapter.

SB388, s. 22 Section 22. 460.04 (1m) of the statutes is created to read:

SB388,9,17 460.04 (1m) The examining board shall prepare an examination on state laws and administrative rules governing massage therapy and bodywork therapy.

SB388, s. 23 Section 23. 460.04 (2) (intro.), (a), (b) and (e) of the statutes are amended to read:

SB388,9,21 460.04 (2) (intro.) The department examining board shall promulgate rules that establish all of the following:

SB388,9,25 (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.

SB388,10,4 (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.

SB388,10,9 (e) A requirement that an applicant for a certificate license under this chapter submit evidence satisfactory to the department examining 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.

SB388, s. 24 Section 24. 460.04 (2) (f) of the statutes is created to read:

SB388,10,16 460.04 (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.

SB388, s. 25 Section 25. 460.04 (2) (g) of the statutes is created to read:

SB388,10,20 460.04 (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.

SB388, s. 26 Section 26. 460.04 (3) of the statutes is repealed.

SB388, s. 27 Section 27. 460.04 (4) of the statutes is repealed.

SB388, s. 28 Section 28. 460.05 (title) of the statutes is amended to read:

SB388,10,25 460.05 (title) Certification Licensure of massage therapists or bodyworkers and bodywork therapists .

SB388, s. 29 Section 29. 460.05 (1) (intro.) of the statutes is amended to read:

SB388,11,4 460.05 (1) (intro.) The department examining board shall grant a certificate license as a massage therapist or bodyworker bodywork therapist to a person who satisfies all of the following:

SB388, s. 30 Section 30. 460.05 (1) (c) of the statutes is amended to read:

SB388,11,8 460.05 (1) (c) The person submits an application for the certificate license to the department examining board on a form provided by the department examining board.

SB388, s. 31 Section 31. 460.05 (1) (e) of the statutes is amended to read:

SB388,11,12 460.05 (1) (e) Except as provided in sub. (2), the person submits evidence satisfactory to the department examining board that he or she has done all of the following:

SB388,11,16 1. Graduated from a school of massage therapy or bodywork therapy approved by the educational approval board under s. 38.50 that meets the requirements under s. 460.095 or completed a training program approved by the department examining board under the rules promulgated under s. 460.04 (2) (b).

SB388,11,20 2. Completed at least 6 classroom hours in the laws of this state and rules of the department examining board relating to the practice of massage therapy or bodywork therapy in a course of instruction approved by the department examining board.

SB388, s. 32 Section 32. 460.05 (1) (g) of the statutes is amended to read:

SB388,11,25 460.05 (1) (g) The person submits evidence satisfactory to the department examining board that he or she 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.

SB388, s. 33 Section 33. 460.05 (2) of the statutes is amended to read:

SB388,12,5 460.05 (2) The department examining board may waive a requirement specified in sub. (1) (e) if a person establishes, to the satisfaction of the department examining board, that he or she has education, training, or other experience that is substantially equivalent to the requirement.

SB388, s. 34 Section 34. 460.05 (3) of the statutes is repealed.

SB388, s. 35 Section 35. 460.06 of the statutes is renumbered 460.06 (intro.) and amended to read:

SB388,12,11 460.06 Examinations. (intro.) The department examining board may not grant a certificate license under this chapter unless the applicant passes achieves a passing grade on the national certification following examinations:

SB388,12,19 (1) A nationally administered, entry-level competency examination for therapeutic massage and bodywork therapy that is offered by the National Certification Board for Therapeutic Massage and Bodywork or an examination relating to the practice of massage therapy or bodywork that is administered by a national board that is accredited by the National Commission for Certifying Agencies meets generally accepted psychometric principles and standards or a substantially equivalent examination approved by the department examining board.

SB388,12,22 (2) The department shall promulgate rules that also require an applicant to pass an examination on state laws and administrative rules governing massage therapy or and bodywork therapy required under s. 460.04 (2) (g).

SB388, s. 36 Section 36. 460.07 (1) of the statutes is amended to read:

SB388,13,2 460.07 (1) Each person who is certified licensed under this chapter shall conspicuously display the certificate license in the place of business where he or she practices massage therapy or bodywork therapy so that the certificate license can easily be seen and read.

SB388, s. 37 Section 37. 460.07 (2) (intro.) of the statutes is amended to read: