AB726: Bill Text

AB726,448 Section 448. 457.22 (1) (b) of the statutes is amended to read:

AB726,113,7 457.22 (1) (b) Upon the advice of the marriage and family therapist section, promulgate Promulgate rules establishing requirements and procedures for marriage and family therapists to complete continuing education programs or courses of study in order to qualify for renewal.

AB726,449 Section 449. 457.22 (1) (c) of the statutes is amended to read:

AB726,113,12 457.22 (1) (c) Upon the advice of the professional counselor section, promulgate Promulgate rules establishing requirements and procedures for professional counselors to complete continuing education programs or courses of study in order to qualify for renewal.

AB726,450 Section 450. 457.22 (2) of the statutes is amended to read:

AB726,113,19 457.22 (2) The rules promulgated under sub. (1) may not require an individual to complete more than 30 hours of continuing education programs or courses of study in order to qualify for renewal. The appropriate section of the examining board may waive all or part of the requirements established in rules promulgated under this section if it determines that prolonged illness, disability, or other exceptional circumstances have prevented the individual from completing the requirements.

AB726,451 Section 451. 457.25 (1) of the statutes is amended to read:

AB726,114,7 457.25 (1) Any public or private mental health or health care agency, institution or facility, or any other person or entity that employs or contracts for services with a credential holder, that terminates, suspends, or restricts the employment or contract of the credential holder as a result of adverse or disciplinary action against the credential holder relating to his or her practice of social work, advanced practice social work, independent social work, clinical social work, marriage and family therapy, or professional counseling shall submit a written report of the action to the appropriate section of the examining board within 30 days after the date on which the action is taken or, if grounds for such an action exist and the credential holder terminates his or her employment before the action is taken, within 30 days after the date on which the credential holder terminates his or her employment.

AB726,452 Section 452. 457.25 (2) of the statutes is amended to read:

AB726,114,19 457.25 (2) Any state or local professional society or organization of social workers, marriage and family therapists, or professional counselors that terminates, revokes, or suspends the membership of a credential holder, or takes any other adverse or disciplinary action against a credential holder relating to his or her practice of social work, advanced practice social work, independent social work, clinical social work, marriage and family therapy, or professional counseling, shall submit a written report of the action to the appropriate section of the examining board within 30 days after the date on which the action is taken or, if grounds for such an action exist and the credential holder terminates his or her membership before the action is taken, within 30 days after the date on which the credential holder terminates his or her membership.

AB726,453 Section 453. 457.25 (3) of the statutes is amended to read:

AB726,115,3 457.25 (3) Any insurer, as defined in s. 600.03 (27), who provides professional liability insurance coverage for a credential holder and who pays a claim for damages arising out of the rendering of services by the credential holder or obtains any information that tends to substantiate a charge that the credential holder has engaged in conduct that constitutes grounds for discipline under s. 457.26 shall submit a written report of the payment or information to the appropriate section of the examining board within 30 days after the date on which the payment is made or information is obtained.

AB726,454 Section 454. 457.25 (4) of the statutes is amended to read:

AB726,115,11 457.25 (4) Any circuit court that appoints a guardian of the person or estate of a credential holder or makes a judgment or other determination that a credential holder is mentally ill or mentally incompetent or that a credential holder has done any of the acts enumerated in s. 457.26 (2) shall submit a written report of the appointment, judgment, or determination to the appropriate section of the examining board within 30 days after the date on which the appointment, judgment, or determination is made.

AB726,455 Section 455. 457.26 (1) of the statutes is amended to read:

AB726,115,16 457.26 (1) Subject to the rules promulgated under s. 440.03 (1), the appropriate section of 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.

AB726,456 Section 456. 457.26 (2) (intro.) of the statutes is amended to read:

AB726,115,21 457.26 (2) (intro.) Subject to the rules promulgated under s. 440.03 (1), the appropriate section of the examining board may reprimand a credential holder or deny, limit, suspend, or revoke a credential under this chapter if it finds that the applicant credential holder has done any of the following:

AB726,457 Section 457. 457.28 of the statutes is amended to read:

AB726,116,3 457.28 Injunctive relief. If the appropriate section of the examining board has reason to believe that any person is violating s. 457.04, the appropriate section of the examining board, the examining board, the department, the attorney general, or the district attorney of the proper county may investigate and may, in addition to any other remedies, bring an action in the name and on behalf of this state to enjoin the person from the violation.

AB726,458 Section 458. Subchapter III (title) of chapter 459 [precedes 459.40] of the statutes is created to read:

AB726,116,6 CHAPTER 459

AB726,116,7 SUBCHAPTER III

AB726,116,9 LICENSURE OF SIGN LANGUAGE INTERPRETERS

AB726,459 Section 459. 459.40 (2) of the statutes is created to read:

AB726,116,11 459.40 (2) "Examining board" means the hearing and speech examining board.

AB726,460 Section 460. 459.45 (title) of the statutes is created to read:

AB726,116,13 459.45 (title) Powers and duties of examining board.

AB726,461 Section 461. Chapter 460 (title) of the statutes is renumbered subchapter IV (title) of chapter 464 [precedes 464.60].

AB726,462 Section 462. 460.01 (intro.) of the statutes is renumbered 464.60 (intro.) and amended to read:

AB726,116,18 464.60 Definitions. (intro.) In this chapter subchapter:

AB726,463 Section 463. 460.01 (1g) of the statutes is renumbered 464.60 (1).

AB726,464 Section 464. 460.01 (1r) of the statutes is renumbered 464.60 (2) and amended to read:

AB726,116,24 464.60 (2) "Affiliated credentialing "Examining board" means the massage therapy and bodywork therapy affiliated credentialing medical therapy examining board.

AB726,465 Section 465. 460.01 (2m) of the statutes is renumbered 464.60 (3) and amended to read:

AB726,117,4 464.60 (3) "License holder" means a person granted a license under this chapter subchapter.

AB726,466 Section 466. 460.01 (3) of the statutes is renumbered 464.60 (4).

AB726,467 Section 467. 460.01 (4) of the statutes is renumbered 464.60 (5).

AB726,468 Section 468. 460.01 (5) of the statutes is renumbered 464.60 (6).

AB726,469 Section 469. 460.01 (6) of the statutes is renumbered 464.60 (7).

AB726,470 Section 470. 460.01 (7) of the statutes is renumbered 464.60 (8).

AB726,471 Section 471. 460.02 (title) of the statutes is renumbered 464.61 (title).

AB726,472 Section 472. 460.02 of the statutes is renumbered 464.61 (1) and amended to read:

AB726,117,22 464.61 (1) Except as provided in s. 460.03 sub. (2), no person may provide massage therapy or bodywork therapy, designate himself or herself as a massage therapist or bodywork therapist or masseur or masseuse, or use or assume the title "massage therapist and bodywork therapist" or "massage therapist" or "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.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 licensed under this chapter subchapter, unless the person is licensed under this chapter subchapter.

AB726,473 Section 473. 460.03 (title) of the statutes is repealed.

AB726,474 Section 474. 460.03 of the statutes is renumbered 464.61 (2), and 464.61 (2) (intro.), (a), (b) and (bm) 1. (intro.) and 3., as renumbered, are amended to read:

AB726,118,2 464.61 (2) (intro.) A license under this chapter subchapter is not required for any of the following:

AB726,118,9 (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 licensed under this chapter subchapter. A person who is exempt from licensure under this subsection paragraph may use the terms "bodywork," "bodyworker," and "bodywork therapy" to identify his or her practice.

AB726,118,14 (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 license holder. A person who is exempt from licensure under this subsection paragraph may use the terms "bodywork," "bodyworker," and "bodywork therapy" to identify his or her practice.

AB726,118,16 (bm) 1. (intro.) A person who does any of the following and who satisfies the requirements of par. (b) subd. 2.:

AB726,118,19 3. A person who is exempt from licensure under this subsection paragraph may use the terms "bodywork," "bodyworker," and "bodywork therapy" to identify his or her practice.

AB726,475 Section 475. 460.04 (title) of the statutes is renumbered 464.62 (title) and amended to read:

AB726,118,22 464.62 (title) Duties of affiliated credentialing examining board.

AB726,476 Section 476. 460.04 (1m) of the statutes is renumbered 464.62 (intro.) and amended to read:

AB726,119,2 464.62 (intro.) The affiliated credentialing examining board shall prepare do all of the following:

AB726,119,4 (1) Prepare an examination on state laws and administrative rules governing massage therapy and bodywork therapy.

AB726,477 Section 477. 460.04 (2) of the statutes is renumbered 464.62 (2), and 464.62 (2) (intro.), (b), (c), (d), (e), (f) and (g), as renumbered, are amended to read:

AB726,119,8 464.62 (2) (intro.) The affiliated credentialing board shall promulgate Promulgate rules that establish all of the following:

AB726,119,12 (b) Criteria for approving a training program for purposes of s. 460.05 464.63 (1) (e) 1. Rules promulgated under this paragraph shall require the training program to meet the requirements under s. 460.095 464.73 and to consist of at least 600 classroom hours.

AB726,119,15 (c) Requirements and procedures for obtaining the informed consent of a client under s. 460.11 464.69 (1) and for making a report required under s. 460.12 464.70 (1).

AB726,119,17 (d) A definition of "sexually oriented business" for purposes of s. 460.11 464.69 (3).

AB726,119,22 (e) A requirement that an applicant for a license under this chapter subchapter submit evidence satisfactory to the affiliated credentialing 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.

AB726,120,3 (f) Requirements to be satisfied by a person seeking a temporary license under s. 460.08 464.67. The rules promulgated under this subsection paragraph 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 subchapter.

AB726,120,6 (g) A requirement that an applicant for a license under this chapter subchapter pass an examination on state laws and administrative rules governing massage therapy and bodywork therapy.

AB726,478 Section 478. 460.05 (1) of the statutes is renumbered 464.63 (1) and 464.63 (1) (intro.), (c), (e), (f) and (g), as renumbered, are amended to read:

AB726,120,11 464.63 (1) (intro.) The affiliated credentialing examining board shall grant a license as a massage therapist or bodywork therapist to a person who satisfies all of the following:

AB726,120,14 (c) The person submits an application for the license to the affiliated credentialing examining board on a form provided by the affiliated credentialing examining board.

AB726,120,17 (e) Except as provided in sub. (2), the person submits evidence satisfactory to the affiliated credentialing examining board that he or she has done all of the following:

AB726,120,22 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. 460.095 464.73 or completed a training program approved by the affiliated credentialing examining board under the rules promulgated under s. 460.04 464.62 (2) (b).

AB726,121,2 2. Completed at least 6 classroom hours in the laws of this state and rules of the affiliated credentialing examining board relating to the practice of massage therapy or bodywork therapy in a course of instruction approved by the affiliated credentialing examining board.

AB726,121,3 (f) The person passes the examinations under s. 460.06 464.64.

AB726,121,7 (g) The person submits evidence satisfactory to the affiliated credentialing 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.

AB726,479 Section 479. 460.05 (2) of the statutes is renumbered 464.63 (2) and amended to read:

AB726,121,13 464.63 (2) The affiliated credentialing examining board may waive a requirement specified in sub. (1) (e) if a person establishes, to the satisfaction of the affiliated credentialing examining board, that he or she has education, training, or other experience that is substantially equivalent to the requirement.

AB726,480 Section 480. 460.05 (4) of the statutes is repealed.

AB726,481 Section 481. 460.06 of the statutes is renumbered 464.64 and amended to read:

AB726,121,19 464.64 Examinations. The affiliated credentialing examining board may not grant a license under this chapter subchapter unless the applicant achieves a passing grade on the following examinations:

AB726,121,23 (1) 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 affiliated credentialing examining board.

AB726,121,25 (2) The examination on state laws and administrative rules governing massage therapy and bodywork therapy required under s. 460.04 464.62 (2) (g).

AB726,482 Section 482. 460.07 (title) of the statutes is repealed.

AB726,483 Section 483. 460.07 (1) of the statutes is renumbered 464.69 (4) and amended to read:

AB726,122,7 464.69 (4) Each person who is licensed under this chapter A license holder shall conspicuously display the his or her license in the place of business where he or she practices massage therapy or bodywork therapy so that the license can easily be seen and read.

AB726,484 Section 484. 460.07 (2) of the statutes is renumbered 464.65, and 464.65 (2), (3) and (4), as renumbered, are amended to read:

AB726,122,11 464.65 (2) If applicable, proof of completion of continuing education under s. 460.10 464.68.

AB726,122,15 (3) Evidence satisfactory to the affiliated credentialing examining board that the applicant 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.

AB726,122,20 (4) Evidence satisfactory to the affiliated credentialing 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.

AB726,485 Section 485. 460.08 of the statutes is renumbered 464.67 and amended to read:

AB726,123,2 464.67 Temporary license. The affiliated credentialing examining board may grant a temporary license for a period not to exceed 6 months to an applicant who satisfies the requirements established in the rules under s. 460.04 464.62 (2) (f). A temporary license may not be renewed.

AB726,486 Section 486. 460.09 of the statutes is renumbered 464.66 and amended to read: