AB64: Bill Text

AB64,2091 Section 2091. 450.11 (8) (bm) of the statutes is repealed.

AB64,2092 Section 2092. 451.02 (1) of the statutes is amended to read:

AB64,872,17 451.02 (1) An individual holding a license, permit or certificate under ch. 441, 446, 447, 448 or, 449, or 464 who engages in a practice of acupuncture that is also included within the scope of his or her license, permit or certificate.

AB64,2093 Section 2093 . 454.06 (2) (c) of the statutes is amended to read:

AB64,872,22 454.06 (2) (c) Passes an examination conducted by the examining board to determine fitness to practice cosmetology, except that the examination requirement under this paragraph does not apply to an applicant who has successfully completed an apprenticeship under s. 454.10.

AB64,2094 Section 2094 . 454.10 (2) of the statutes is amended to read:

AB64,873,5 454.10 (2) Apprentices shall receive at least 3,712 hours of practical training and at least 288 training hours of theoretical instruction in a school of cosmetology licensed under s. 440.62 (3) (ar), exempted under s. 440.61, or accredited by an accrediting agency approved by the board in order to complete the apprenticeship program and be eligible to take the examination for a cosmetologist license. Apprentices shall receive training for a total of at least 32 hours per week. The training shall be completed in not less than 2 years and not more than 4 years.

AB64,2095 Section 2095 . 454.10 (4) of the statutes is amended to read:

AB64,873,10 454.10 (4) A person who has successfully completed the requirements of sub. (2) may not continue to practice as an apprentice but may apply for a temporary permit under s. 454.06 (10) (a) is not required to take the examination under s. 454.07.

AB64,2096 Section 2096 . 454.15 (3) of the statutes is amended to read:

AB64,873,17 454.15 (3) The examining board may, in addition to or in lieu of a reprimand or revocation, limitation, suspension or denial of a license or permit, assess a forfeiture of not more than $1,000 for each separate offense against a person who has done any of the things under sub. (2) (a) to (i) a forfeiture of not more than $1,000 for each separate offense if the violation presents a serious risk to public health or public safety. Each day of continued violation constitutes a separate offense.

AB64,2097 Section 2097 . 454.23 (2) (e) of the statutes is amended to read:

AB64,873,22 454.23 (2) (e) The applicant passes an examination conducted by the department to determine fitness to practice barbering, except that the examination requirement under this paragraph does not apply to an applicant who has successfully completed an apprenticeship under s. 454.26.

AB64,2098 Section 2098 . 454.26 (2) of the statutes is amended to read:

AB64,874,8 454.26 (2) An apprentice in barbering shall receive at least 1,712 hours of practical training in barbering and at least 288 training hours of instruction in barbering in a school of barbering licensed under s. 440.62 (3) (ag) or accredited by an accrediting agency approved by the department, a school of cosmetology licensed under s. 440.62 (3) (ar) or accredited by an accrediting agency approved by the cosmetology examining board, or a school that is exempted under s. 440.61 in order to complete the apprenticeship program and be eligible to take the examination for a barber license. An apprentice in barbering shall receive training in barbering for a total of at least 32 hours per week. The training shall be completed in not more than 4 years.

AB64,2099 Section 2099 . 454.26 (4) of the statutes is amended to read:

AB64,874,13 454.26 (4) A person who successfully completes the requirements of sub. (2) may not continue to practice as an apprentice in barbering but may apply for a temporary permit under s. 454.23 (7) is not required to take the examination under s. 454.24.

AB64,2100 Section 2100. 454.287 of the statutes is repealed.

AB64,2101 Section 2101 . 454.29 (3) of the statutes is amended to read:

AB64,874,21 454.29 (3) The department may, in addition to or in lieu of a reprimand or revocation, limitation, suspension, or denial of a license or temporary permit, assess a forfeiture of not more than $1,000 for each separate offense against a person who has done any of the things under sub. (2) (a) to (i) a forfeiture of not more than $1,000 for each separate offense if the violation presents a serious risk to public health or public safety. Each day of continued violation constitutes a separate offense.

AB64,2102 Section 2102. 455.09 (title) of the statutes is repealed and recreated to read:

AB64,874,23 455.09 (title) Disciplinary proceedings and actions.

AB64,2103 Section 2103. 455.09 (1m) of the statutes is created to read:

AB64,875,5 455.09 (1m) The examining board may, in addition to or in lieu of any disciplinary action under sub. (1), assess a forfeiture of not more than $1,000 for each separate offense against a person who violates sub. (1) (a) to (h) if the violation presents a serious risk to public health or public safety. Each day of continued violation constitutes a separate offense.

AB64,2104 Section 2104. 456.10 (title) of the statutes is repealed and recreated to read:

AB64,875,7 456.10 (title) Disciplinary proceedings and actions.

AB64,2105 Section 2105. 456.10 (3) of the statutes is created to read:

AB64,875,13 456.10 (3) The examining board may, in addition to or in lieu of any disciplinary action under sub. (2), assess a forfeiture of not more than $1,000 for each separate offense against a person who violates sub. (1) (a) to (d) if the violation presents a serious risk to public health or public safety. Each day of continued violation constitutes a separate offense.

AB64,2106 Section 2106. 457.26 (3) of the statutes is created to read:

AB64,875,19 457.26 (3) The appropriate section of the examining board may, in addition to or in lieu of any disciplinary action under sub. (2), assess a forfeiture of not more than $1,000 for each separate offense against a person who violates sub. (2) (a) to (h) if the violation presents a serious risk to public health or public safety. Each day of continued violation constitutes a separate offense.

AB64,2107 Section 2107. 458.05 (3) of the statutes is amended to read:

AB64,875,23 458.05 (3) When promulgating emergency rules under s. 227.24, the department shall provide a copy of the rules to the board prior to publication of the rules in the official state newspaper in the Wisconsin Administrative Register.

AB64,2108 Section 2108. Subchapter III (title) of chapter 459 [precedes 459.40] of the statutes is created to read:

AB64,876,1 CHAPTER 459

AB64,876,2 SUBCHAPTER III

AB64,876,4 LICENSURE OF SIGN LANGUAGE INTERPRETERS

AB64,2109 Section 2109 . 459.40 (2) of the statutes is created to read:

AB64,876,6 459.40 (2) “Examining board" means the hearing and speech examining board.

AB64,2110 Section 2110 . 459.45 (title) of the statutes is created to read:

AB64,876,8 459.45 (title) Powers and duties of examining board.

AB64,2111 Section 2111. 459.46 (2) of the statutes is created to read:

AB64,876,14 459.46 (2) The department may, in addition to or in lieu of any disciplinary action under sub. (1), assess a forfeiture of not more than $1,000 for each separate offense against a person who violates this subchapter or any rule promulgated under this subchapter if the violation presents a serious risk to public health or public safety. Each day of continued violation constitutes a separate offense.

AB64,2112 Section 2112. Chapter 460 (title) of the statutes is renumbered subchapter IV (title) of chapter 464 [precedes 464.60].

AB64,2113 Section 2113. 460.01 (intro.) of the statutes is renumbered 464.60 (intro.) and amended to read:

AB64,876,19 464.60 Definitions. (intro.) In this chapter subchapter:

AB64,2114 Section 2114. 460.01 (1g) of the statutes is renumbered 464.60 (1).

AB64,2115 Section 2115. 460.01 (1r) of the statutes is renumbered 464.60 (2) and amended to read:

AB64,876,25 464.60 (2) “Affiliated credentialing “Examining board" means the massage therapy and bodywork therapy affiliated credentialing medical therapy examining board.

AB64,2116 Section 2116. 460.01 (2m) of the statutes is renumbered 464.60 (3) and amended to read:

AB64,877,4 464.60 (3) “License holder" means a person granted a license under this chapter subchapter.

AB64,2117 Section 2117. 460.01 (3) of the statutes is renumbered 464.60 (4).

AB64,2118 Section 2118. 460.01 (4) of the statutes is renumbered 464.60 (5).

AB64,2119 Section 2119. 460.01 (5) of the statutes is renumbered 464.60 (6).

AB64,2120 Section 2120. 460.01 (6) of the statutes is renumbered 464.60 (7).

AB64,2121 Section 2121. 460.01 (7) of the statutes is renumbered 464.60 (8).

AB64,2122 Section 2122. 460.02 (title) of the statutes is renumbered 464.61 (title).

AB64,2123 Section 2123. 460.02 of the statutes is renumbered 464.61 (1) and amended to read:

AB64,877,22 464.61 (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.

AB64,2124 Section 2124. 460.03 (title) of the statutes is repealed.

AB64,2125 Section 2125. 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:

AB64,878,2 464.61 (2) (intro.) A license under this chapter subchapter is not required for any of the following:

AB64,878,9 (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.

AB64,878,14 (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.

AB64,878,16 (bm) 1. (intro.) A person who does any of the following and who satisfies the requirements of par. (b) subd. 2.:

AB64,878,19 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.

AB64,2126 Section 2126. 460.04 (title) of the statutes is renumbered 464.62 (title) and amended to read:

AB64,878,22 464.62 (title) Duties of affiliated credentialing examining board.

AB64,2127 Section 2127. 460.04 (1m) of the statutes is renumbered 464.62 (intro.) and amended to read:

AB64,879,2 464.62 (intro.) The affiliated credentialing examining board shall prepare do all of the following:

AB64,879,4 (1) Prepare an examination on state laws and administrative rules governing massage therapy and bodywork therapy.

AB64,2128 Section 2128. 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:

AB64,879,8 464.62 (2) (intro.) The affiliated credentialing board shall promulgate Promulgate rules that establish all of the following:

AB64,879,12 (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.

AB64,879,15 (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).

AB64,879,17 (d) A definition of “sexually oriented business" for purposes of s. 460.11 464.69 (3).

AB64,879,22 (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.

AB64,880,3 (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.

AB64,880,6 (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.

AB64,2129 Section 2129. 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:

AB64,880,11 464.63 (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:

AB64,880,14 (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.

AB64,880,17 (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:

AB64,880,22 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).

AB64,881,2 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.

AB64,881,3 (f) The person passes the examinations under s. 460.06 464.64.

AB64,881,7 (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.

AB64,2130 Section 2130. 460.05 (2) of the statutes is renumbered 464.63 (2) and amended to read:

AB64,881,13 464.63 (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.