AB726: Bill Text

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AB726,480 Section 480. 460.05 (4) of the statutes is repealed.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

AB726,123,11 464.66 Reciprocal license. Upon application and payment of the fee specified in s. 440.05 (2), the affiliated credentialing examining board shall grant a massage therapist or bodywork therapist license to a person who holds a similar license in another state or territory of the United States or another country if the affiliated credentialing examining board determines that the requirements for receiving the license in the other state, territory, or country are substantially equivalent to the requirements under s. 460.05 464.63.

AB726,487 Section 487. 460.095 of the statutes is renumbered 464.73, and 464.73 (2) and (4) (intro.), as renumbered, are amended to read:

AB726,123,15 464.73 (2) Administer, score, and require, as a prerequisite to graduation, the examination required under s. 460.06 464.64 (2).

AB726,123,19 (4) (intro.) Ensure that each instructor hired by the school or training program on or after December 1, 2010, to teach courses in theory and the practice of massage therapy or bodywork therapy is licensed under this chapter subchapter and has at least one of the following:

AB726,488 Section 488. 460.10 of the statutes is renumbered 464.68, and 464.68 (1) (intro.) and (2), as renumbered, are amended to read:

AB726,123,23 464.68 (1) (intro.) The affiliated credentialing examining board may promulgate rules establishing all of the following:

AB726,124,2 (2) The affiliated credentialing examining board may waive all or part of any requirement established in rules promulgated under sub. (1) (a) if it determines that prolonged illness, disability, or other exceptional circumstances have prevented a license holder from completing the requirement.

AB726,489 Section 489. 460.11 of the statutes is renumbered 464.69, and 464.69 (title) and (3), as renumbered, are amended to read:

AB726,124,5 464.69 (title) Practice requirements and restrictions.

AB726,124,8 (3) A license holder may not, whether for compensation or not, practice massage therapy or bodywork therapy for a sexually oriented business, as defined by the affiliated credentialing examining board by rule.

AB726,490 Section 490. 460.12 of the statutes is renumbered 464.70, and 464.70 (1), (2), (3), (4) and (5) (b), as renumbered, are amended to read:

AB726,124,17 464.70 Duty to make reports. (1) A license holder shall submit a report to the affiliated credentialing examining board if he or she has reasonable cause to believe that another license holder has committed a crime relating to prostitution under ss. 944.30 to 944.34 or has had sexual contact or sexual intercourse with a client. If the report relates to sexual contact or sexual intercourse with a client, the report may not identify the client unless the client has provided written consent for disclosure of this information.

AB726,124,24 (2) The affiliated credentialing examining board may use a report made under sub. (1) as the basis for an investigation under s. 460.14 464.71 (1). If, after an investigation, the affiliated credentialing examining board has reasonable cause to believe that a license holder has committed a crime, the affiliated credentialing examining board shall report the belief to the district attorney for the county in which the crime, in the opinion of the affiliated credentialing examining board, occurred.

AB726,125,4 (3) If, after an investigation, the affiliated credentialing examining board determines that a report submitted under sub. (1) is without merit, the affiliated credentialing examining board shall remove the report from the record of the license holder who is the subject of the report.

AB726,125,18 (4) All reports and records made from reports under sub. (1) and maintained by the affiliated credentialing examining board, the department, district attorneys, and other persons, officials, and institutions shall be confidential and are exempt from disclosure under s. 19.35 (1). Information regarding the identity of a client with whom a license holder is suspected of having sexual contact or sexual intercourse shall not be disclosed by persons who have received or have access to a report or record unless disclosure is consented to in writing by the client. The report of information under sub. (1) and the disclosure of a report or record under this subsection does not violate any person's responsibility for maintaining the confidentiality of patient health care records, as defined in s. 146.81 (4) and as required under s. 146.82. Reports and records may be disclosed only to the affiliated credentialing examining board, the department, and the appropriate staff of a district attorney or a law enforcement agency within this state for purposes of investigation or prosecution.

AB726,126,2 (5) (b) A license holder shall submit a written report to the affiliated credentialing examining board if he or she is convicted of a felony or misdemeanor, or is found to have committed a violation, in this state or elsewhere, and if the circumstances of the felony, misdemeanor, or violation substantially relate to the practice of massage therapy or bodywork therapy. The report shall identify the date, place, and nature of the conviction or finding and shall be submitted within 30 days after the entry of the judgment of conviction or the judgment finding that he or she committed the violation. If the report is submitted by mail, the report is considered to be submitted on the date that it is mailed.

AB726,491 Section 491. 460.13 (title) of the statutes is repealed.

AB726,492 Section 492. 460.13 of the statutes is renumbered 464.69 (5) and amended to read:

AB726,126,10 464.69 (5) Except as provided in s. 460.03 (1) and (2) 464.61 (2) (a) and (b), a license holder may not advertise that he or she practices massage therapy or bodywork therapy unless the advertisement includes a statement that the license holder is a "licensed massage therapist and bodywork therapist" or "licensed massage therapist" or "licensed bodywork therapist."

AB726,493 Section 493. 460.14 of the statutes is renumbered 464.71, and 464.71 (1), (2) (intro.), (f), (g) and (j), (2m) (intro.) and (3), as renumbered, are amended to read:

AB726,126,16 464.71 (1) Subject to the rules promulgated under s. 440.03 (1), the affiliated credentialing examining board may make investigations and conduct hearings to determine whether a violation of this chapter subchapter or any rule promulgated under this chapter subchapter has occurred.

AB726,126,20 (2) (intro.) Subject to the rules promulgated under s. 440.03 (1), the affiliated credentialing examining board may reprimand a license holder or deny, limit, suspend, or revoke a license under this chapter subchapter if it finds that the applicant or license holder has done any of the following:

AB726,126,22 (f) Intentionally made a false statement in a report submitted under s. 460.12 464.70 (1).

AB726,126,24 (g) Engaged in unprofessional conduct in violation of the standards established in rules promulgated under s. 460.04 464.62 (2) (a).

AB726,127,2 (j) Violated this chapter subchapter or any rule promulgated under this chapter subchapter.

AB726,127,5 (2m) (intro.) Subject to the rules promulgated under s. 440.03 (1), the affiliated credentialing examining board shall revoke a license under this chapter subchapter if the license holder is convicted of any of the following:

AB726,127,8 (3) The affiliated credentialing examining board may restore a license that has been suspended or revoked on such terms and conditions as the affiliated credentialing examining board may deem appropriate.

AB726,494 Section 494. 460.15 of the statutes is renumbered 464.74 and amended to read:

AB726,127,13 464.74 Penalty Violations and penalty. Any person who violates this chapter subchapter or any rule promulgated under this chapter subchapter shall forfeit not more than $1,000 for each violation.

AB726,495 Section 495. 460.17 of the statutes is renumbered 66.0440 and amended to read:

AB726,127,24 66.0440 Local regulation Massage and bodywork therapy. A city, village, town, or county may not enact an ordinance that regulates the practice of massage therapy or bodywork therapy, as defined in s. 464.60 (5), by a person who is licensed by the affiliated credentialing medical therapy examining board under this chapter subch. IV of ch. 464. No provision of any ordinance enacted by a city, village, town, or county that is in effect before February 1, 1999, and that relates to the practice of massage therapy or bodywork therapy, may be enforced against a person who is licensed by the affiliated credentialing medical therapy examining board under this chapter subch. IV of ch. 464.

AB726,496 Section 496. 462.01 (1) of the statutes is amended to read:

AB726,128,1 462.01 (1) "Board" means the radiography medical examining board.

AB726,497 Section 497. 462.02 (2) (f) of the statutes is amended to read:

AB726,128,6 462.02 (2) (f) A podiatrist licensed under s. 448.63 or a person under the direct supervision of such a podiatrist, if the person has successfully completed a course of instruction approved by the podiatrists affiliated credentialing board related to X-ray examinations under s. 448.695 (3).

AB726,498 Section 498. Chapter 464 (title) of the statutes is created to read:

AB726,128,8 Chapter 464

AB726,128,9 Medical therapy examining board

AB726,499 Section 499. Subchapter I (title) of chapter 464 [precedes 464.01] of the statutes is created to read:

AB726,128,12 CHAPTER 464

AB726,128,13 SUBCHAPTER I

AB726,128,14 PHYSICAL THERAPY

AB726,500 Section 500. 464.03 (intro.) of the statutes is created to read:

AB726,128,17 464.03 Other duties of examining board. (intro.) The examining board shall do all of the following:

AB726,501 Section 501. 464.10 (title) of the statutes is created to read:

AB726,128,19 464.10 (title) Violations and penalties.

AB726,502 Section 502. 464.27 (title) of the statutes is created to read:

AB726,128,21 464.27 (title) Violations and penalties.

AB726,503 Section 503. 464.40 (4) of the statutes is created to read:

AB726,128,23 464.40 (4) "Examining board" means the medical therapy examining board.

AB726,504 Section 504. 464.41 (title) of the statutes is created to read:

AB726,128,25 464.41 (title) License required.

AB726,505 Section 505. 464.49 (title) of the statutes is created to read:

AB726,129,2 464.49 (title) Violations and penalties.

AB726,506 Section 506. 464.65 (title) of the statutes is created to read:

AB726,129,4 464.65 (title) License renewal.

AB726,507 Section 507. Chapter 470 (title) of the statutes is amended to read:

AB726,129,6 CHAPTER 470

AB726,129,9 EXAMINING BOARD OF PROFESSIONAL GEOLOGISTS, HYDROLOGISTS, AND SOIL SCIENTISTS

AB726,508 Section 508. 470.01 (1) of the statutes is repealed.

AB726,509 Section 509. 470.01 (5m) of the statutes is repealed.

AB726,510 Section 510. 470.01 (6m) of the statutes is repealed.

AB726,511 Section 511. 470.01 (8) of the statutes is repealed.

AB726,512 Section 512. 470.02 (1) of the statutes is amended to read:

AB726,129,20 470.02 (1) Engage or offer to engage in the practice of professional geology, designate himself or herself as a professional geologist, or use or assume the title "professional geologist" or any other title, letters, or designation which that represents or may tend to represent the person as a professional geologist unless the person is licensed by the professional geologist section as a professional geologist under this chapter.