LRB-2617/3
TKK:kjf:md
2009 - 2010 LEGISLATURE
November 9, 2009 - Introduced by Senators Hansen, Taylor, Wirch, Ellis, Olsen
and Risser, cosponsored by Representatives Berceau, Kaufert,
Pope-Roberts, Suder, Van Roy, Hilgenberg, Staskunas, Ballweg and
Molepske Jr.. Referred to Committee on Health, Health Insurance, Privacy,
Property Tax Relief, and Revenue.
SB388,2,2
1An Act to repeal 460.04 (3), 460.04 (4), 460.05 (3), 460.14 (4) and 460.15 (2);
to
2renumber and amend 15.407 (7), 460.01 (1), 460.01 (2), 460.03, 460.04 (1),
3460.06, 460.10 and 460.15 (1);
to amend 15.08 (1m) (b), 146.81 (1) (hp), 146.997
4(1) (d) 13., 180.1901 (1m) (ag), 252.15 (1) (ar) 1., 440.03 (13) (b) 38., 440.08 (2)
5(a) 46r., chapter 460 (title), 460.01 (3), 460.01 (4), 460.02, 460.04 (title), 460.04
6(2) (intro.), (a), (b) and (e), 460.05 (title), 460.05 (1) (intro.), 460.05 (1) (c), 460.05
7(1) (e), 460.05 (1) (g), 460.05 (2), 460.07 (1), 460.07 (2) (intro.), 460.07 (2) (c),
8460.07 (2) (d), 460.09, 460.11, 460.12 (1), (2), (3), (4) and (5) (b), 460.13, 460.14
9(1), 460.14 (2) (intro.), 460.14 (2) (a), 460.14 (2) (b), 460.14 (2) (e), 460.14 (2) (h),
10460.14 (2m) (intro.), 460.14 (3), 460.17 and 895.48 (1m) (a) (intro.) and 2.; and
11to create 15.405 (6r) (a) 2., 460.01 (1g), 460.03 (1m) (c), 460.03 (2m), 460.04
12(1m), 460.04 (2) (f), 460.04 (2) (g), 460.08, 460.095 and 460.10 (1) (b) of the
13statutes;
relating to: changes to the regulation of massage therapy and
1bodywork, creating the Massage Therapy and Bodywork Therapy Examining
2Board, and granting rule-making authority.
Analysis by the Legislative Reference Bureau
This bill makes a number of changes to the regulation of massage therapists
and bodyworkers.
Under current law, a person may be certified as a massage therapist or
bodyworker by the Department of Regulation and Licensing (department). The
department is served in an advisory capacity by the Massage Therapy and Bodywork
Council, which reviews and may comment on any rules proposed by the department.
The council consists of seven members who are certified as massage therapists or
bodyworkers.
The bill creates a Massage Therapy and Bodywork Therapy Examining Board
(board) in the department and transfers rule-making powers to the board. The bill
directs the board to license, not certify, persons who fulfill the requirements for
licensure as massage therapists or bodyworker therapists. The bill also permits the
board to grant a temporary license to practice massage therapy or bodywork therapy
for a period not to exceed six months, and requires the board to establish
requirements for temporary licensure by rule.
This bill changes uses of the term, "massage therapy or bodywork," to "massage
therapy" or "bodywork therapy," and changes uses of the term, "bodyworker," to
"bodywork therapist."
The bill requires one of the seven members of the board to be a representative
of a massage therapy or bodywork therapy school approved by the Educational
Approval Board, and one member of the board to be a representative of a massage
therapy or bodywork therapy program offered by a technical college in this state. No
other members of the board may be affiliated with a massage therapy or bodywork
therapy school or program. The bill also requires one member of the board to be a
member of the public.
Current law prohibits a person who is not certified by the department from
designating himself or herself as a massage therapist or bodyworker or using any
title that represents that he or she is certified. With one exception noted below, this
bill permits persons who are exempt from the licensing requirement to use the terms,
"bodywork," "bodyworker," and "bodywork therapy" to identify his or her practice.
The bill also creates the following two new exemptions from the licensing
requirement:
1. A person who manipulates only the soft tissue of the hands, feet, and ears.
Persons who fall under this exemption may not represent or imply that their services
are massage therapy or bodywork therapy.
2. A person whose practice involves the use of touch or touch and movement
to assist and bring body awareness to his or her clients and who is recognized by a
professional organization or credentialing association after that person has
demonstrated an adequate level of training and competency.
Under current law, an applicant for certification must have passed an
examination offered by the National Certification Board for Therapeutic Massage
and Bodywork or an examination administered by the National Commission for
Certifying Agencies. This bill requires an applicant for licensure to achieve a passing
grade on a nationally administered entry-level competency examination for
therapeutic massage and bodywork therapy that meets generally accepted
psychometric principles and standards or a substantially equivalent examination
approved by the board. The bill also requires all applicants for a license to pass an
examination on state laws and rules governing massage therapy and bodywork
therapy. The bill requires the board to prepare the state examination. The bill
further requires massage therapy and bodywork therapy schools in Wisconsin to
provide and require as a prerequisite to graduation the completion of a course on the
state laws and rules and to administer, require as a prerequisite to graduation, and
grade the state examination.
Under current law, there are no requirements governing massage therapy or
bodywork therapy instructors in Wisconsin. This bill requires instructors teaching
courses in anatomy, physiology, kinesiology, and pathology at a school of massage
therapy or bodywork therapy to have completed two years of post-secondary
education and training or to have professional training and two years of experience
in a health-related field. The bill also requires instructors teaching courses in the
theory and practice of massage therapy or bodywork therapy at a school of massage
therapy or bodywork therapy to be licensed as a massage therapist or bodywork
therapist and either two years as a practicing professional or formal education and
training as a massage therapy or bodywork therapy instructor.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB388, s. 1
1Section
1. 15.08 (1m) (b) of the statutes is amended to read:
SB388,4,22
15.08
(1m) (b) The public members of the chiropractic examining board, the
3dentistry examining board, the hearing and speech examining board, the medical
4examining board, perfusionists examining council, respiratory care practitioners
5examining council and council on physician assistants, the board of nursing,
the
6massage therapy and bodywork therapy examining board, the nursing home
7administrator examining board, the veterinary examining board, the optometry
8examining board, the pharmacy examining board, the marriage and family therapy,
9professional counseling, and social work examining board, and the psychology
1examining board shall not be engaged in any profession or occupation concerned with
2the delivery of physical or mental health care.
SB388, s. 2
3Section
2. 15.405 (6r) (a) 2. of the statutes is created to read:
SB388,4,44
15.405
(6r) (a) 2. One public member.
SB388, s. 3
5Section
3. 15.407 (7) of the statutes is renumbered 15.405 (6r), and 15.405 (6r)
6(a) and (b) (intro.), 2. and 3., as renumbered, are amended to read:
SB388,4,117
15.405
(6r) Massage therapy and bodywork
council therapy examining board. 8(a) There is created a massage therapy and bodywork
council therapy examining
9board in the department of regulation and licensing
, serving the department in an
10advisory capacity. The
council examining board shall consist of
the following 7
11members
, appointed for 4-year terms
, who are:
SB388,4,20
121. Six massage therapists or
bodyworkers certified bodywork therapists
13licensed under ch. 460
and who have engaged in the practice of massage therapy or
14bodywork
therapy for at least 2 years preceding appointment.
One member
15appointed under this subdivision shall be a representative of a massage therapy or
16bodywork therapy school approved by the educational approval board under s. 38.50.
17One member appointed under this subdivision shall be a representative of a massage
18therapy or bodywork therapy program offered by a technical college in this state. No
19other members appointed under this subdivision shall be directly or indirectly
20affiliated with a massage therapy or bodywork therapy school or program.
SB388,4,2321
(b) (intro.) In appointing members under par. (a), the governor shall ensure, to
22the maximum extent practicable, that the membership of the
council examining
23board is diverse, based on all of the following factors:
SB388,4,2524
2. Affiliation and nonaffiliation with a professional association for the practice
25of massage therapy or bodywork
therapy.
SB388,5,2
13. Professional associations with which massage therapists or
bodyworkers 2bodywork therapists in this state are affiliated.
SB388, s. 4
3Section
4. 146.81 (1) (hp) of the statutes is amended to read:
SB388,5,54
146.81
(1) (hp) A massage therapist or
bodyworker certified bodywork
5therapist licensed under ch. 460.
SB388, s. 5
6Section
5. 146.997 (1) (d) 13. of the statutes is amended to read:
SB388,5,87
146.997
(1) (d) 13. A massage therapist or
bodyworker bodywork therapist 8issued a certificate licensed under ch. 460.
SB388, s. 6
9Section
6. 180.1901 (1m) (ag) of the statutes is amended to read:
SB388,5,1110
180.1901
(1m) (ag) The
department of regulation and licensing massage
11therapy and bodywork therapy examining board under ch. 460.
SB388,5,1614
252.15
(1) (ar) 1. A person or entity that is specified in s. 146.81 (1) (a) to
(hm)
15and (i) to (p)
, but does not include a massage therapist or bodyworker issued a
16certificate under ch. 460.
SB388, s. 8
17Section
8. 440.03 (13) (b) 38. of the statutes is amended to read:
SB388,5,1818
440.03
(13) (b) 38. Massage therapist or
bodyworker bodywork therapist.
SB388,5,2221
440.08
(2) (a) 46r. Massage therapist or
bodyworker bodywork therapist:
22March 1 of each odd-numbered year.
SB388, s. 10
23Section
10. Chapter 460 (title) of the statutes is amended to read:
SB388,6,2
1Massage therapy and
2
bodywork
therapy
SB388, s. 11
3Section
11. 460.01 (1) of the statutes is renumbered 460.01 (2m) and amended
4to read:
SB388,6,65
460.01
(2m) "
Certificate License holder" means a person granted a
certificate 6license under this chapter.
SB388, s. 12
7Section
12. 460.01 (1g) of the statutes is created to read:
SB388,6,88
460.01
(1g) "Adjunctive therapy" means any of the following:
SB388,6,99
(a) The use of a device that simulates or enhances a manual action.
SB388,6,1110
(b) The application of water, lubricants, or other nonprescription topical agents
11to the skin.
SB388,6,1312
(c) The application of heat or cold to the skin in the absence of an
13electromagnetic device.
SB388, s. 13
14Section
13. 460.01 (2) of the statutes is renumbered 460.01 (1r) and amended
15to read:
SB388,6,1716
460.01
(1r) "
Council Examining Board" means the massage therapy and
17bodywork
council therapy examining board.
SB388, s. 14
18Section
14. 460.01 (3) of the statutes is amended to read:
SB388,6,2219
460.01
(3) "Manual action" includes holding, positioning, rocking, kneading,
20compressing, decompressing, gliding, or percussing the soft tissue of the human body
21or applying a passive range of motion to the human body
without joint mobilization
22or manipulation.
SB388, s. 15
23Section
15. 460.01 (4) of the statutes is amended to read:
SB388,7,724
460.01
(4) "Massage therapy
" or
"bodywork
therapy" means the science and
25healing art that uses manual actions
and adjunctive therapies to palpate and
1manipulate the soft tissue of the human body
, in order to improve circulation, reduce
2tension, relieve soft tissue pain, or increase flexibility
, and. "Massage therapy" or
3"bodywork therapy" includes determining whether
massage therapy or bodywork is 4manual actions and adjunctive therapies are appropriate or contraindicated, or
5whether a referral to another health care practitioner is appropriate. "Massage
6therapy
" or
"bodywork
therapy" does not include making a medical
, physical therapy, 7or chiropractic diagnosis.
SB388, s. 16
8Section
16. 460.02 of the statutes is amended to read:
SB388,7,18
9460.02 Certificate License required. Except as provided in s. 460.03, no
10person may
provide massage therapy or bodywork therapy, designate himself or
11herself as a massage therapist or
bodyworker bodywork therapist, or use or assume
12the title "massage therapist and
bodyworker bodywork therapist" or "massage
13therapist" or "
bodyworker bodywork therapist" or any title that includes "massage
14therapist
"," "bodywork therapist," or "bodyworker," or append to the person's name
15the letters "M.T.,"
"R.M.T.," "L.M.T.," "C.M.T.,"
"B.W," "B.T.," "B.W.," "L.B.W.,"
16"R.B.W.," or "C.B.W.," or use any other title or designation that represents or may
17tend to represent that he or she is
certified licensed under this chapter, unless the
18person is
certified licensed under this chapter.
SB388, s. 17
19Section
17. 460.03 of the statutes is renumbered 460.03 (1m) and amended
20to read:
SB388,7,2221
460.03
(1m) A
certificate license under this chapter is not required for any of
22the following:
SB388,8,423
(a) A person holding a license, permit, registration, or certification granted by
24this state or the federal government who engages in a practice of massage therapy
25or bodywork
therapy within the scope of his or her license, permit, registration, or
1certification and who does not imply that he or she is
certified licensed under this
2chapter.
A person who is exempt from licensure under this subsection may use the
3terms "bodywork," "bodyworker," and "bodywork therapy" to identify his or her
4practice.
SB388,8,95
(b) A person who is authorized to practice massage therapy or bodywork
6therapy in another state or country and is providing a consultation to or
7demonstration with a
certificate license holder.
A person who is exempt from
8licensure under this subsection may use the terms "bodywork," "bodyworker," and
9"bodywork therapy" to identify his or her practice.
SB388, s. 18
10Section
18. 460.03 (1m) (c) of the statutes is created to read:
SB388,8,1311
460.03
(1m) (c) A person who manipulates only the soft tissues of the hands,
12feet, or ears of the human body, provided that the services are not represented or
13implied to be massage therapy or bodywork therapy.
SB388, s. 19
14Section
19. 460.03 (2m) of the statutes is created to read:
SB388,8,1615
460.03
(2m) (a) A person who does any of the following and who satisfies the
16requirements of par. (b):
SB388,8,1917
1. Uses touch, words, and directed movement to deepen a client's awareness
18of his or her existing patterns of movement and to suggest to the client new patterns
19of movement.
SB388,8,2020
2. Uses touch to affect the energy systems of the human body.
SB388,8,2221
3. Uses touch and education to effect change in the structure of the body while
22engaged in the practice of structural integration.
SB388,9,523
(b) The person is recognized by or meets the established standards of either a
24professional organization or credentialing association that recognizes a person in a
25practice after that person demonstrates an adequate level of training and
1competency and adherence to ethical standards. In this paragraph, "practice"
2includes Rolfing Structural Integration, the Rolf Method of Structural Integration,
3the Rolf Institute's Rolf Movement Integration, Hellerwork, the Feldenkrais
4Method, the Trager Approach, body-mind centering, polarity, polarity therapy,
5polarity bodywork therapy, and reiki.
SB388,9,86
(c) A person who is exempt from licensure under this subsection may use the
7terms "bodywork," "bodyworker," and "bodywork therapy" to identify his or her
8practice.
SB388, s. 20
9Section
20. 460.04 (title) of the statutes is amended to read:
SB388,9,10
10460.04 (title)
Duties of department examining board.