AB64: Bill Text

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.

AB64,2131 Section 2131. 460.05 (4) of the statutes is repealed.

AB64,2132 Section 2132. 460.06 of the statutes is renumbered 464.64 and amended to read:

AB64,881,19 464.64 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:

AB64,881,23 (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.

AB64,881,25 (2) The examination on state laws and administrative rules governing massage therapy and bodywork therapy required under s. 460.04 464.62 (2) (g).

AB64,2133 Section 2133. 460.07 (title) of the statutes is repealed.

AB64,2134 Section 2134. 460.07 (1) of the statutes is renumbered 464.69 (4) and amended to read:

AB64,882,7 464.69 (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.

AB64,2135 Section 2135. 460.07 (2) of the statutes is renumbered 464.65, and 464.65 (2), (3) and (4), as renumbered, are amended to read:

AB64,882,11 464.65 (2) If applicable, proof of completion of continuing education under s. 460.10 464.68.

AB64,882,15 (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.

AB64,882,20 (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.

AB64,2136 Section 2136. 460.08 of the statutes is renumbered 464.67 and amended to read:

AB64,883,2 464.67 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.

AB64,2137 Section 2137. 460.09 of the statutes is renumbered 464.66 and amended to read:

AB64,883,11 464.66 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.

AB64,2138 Section 2138. 460.095 of the statutes is renumbered 464.73, and 464.73 (2) and (4) (intro.), as renumbered, are amended to read:

AB64,883,15 464.73 (2) Administer, score, and require, as a prerequisite to graduation, the examination required under s. 460.06 464.64 (2).

AB64,883,19 (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:

AB64,2139 Section 2139. 460.10 of the statutes is renumbered 464.68, and 464.68 (1) (intro.) and (2), as renumbered, are amended to read:

AB64,883,23 464.68 (1) (intro.) The affiliated credentialing examining board may promulgate rules establishing all of the following:

AB64,884,2 (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.

AB64,2140 Section 2140. 460.11 of the statutes is renumbered 464.69, and 464.69 (title) and (3), as renumbered, are amended to read:

AB64,884,5 464.69 (title) Practice requirements and restrictions.

AB64,884,8 (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.

AB64,2141 Section 2141. 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:

AB64,884,17 464.70 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.

AB64,884,24 (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.

AB64,885,4 (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.

AB64,885,18 (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.

AB64,886,2 (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.

AB64,2142 Section 2142. 460.13 (title) of the statutes is repealed.

AB64,2143 Section 2143. 460.13 of the statutes is renumbered 464.69 (5) and amended to read:

AB64,886,10 464.69 (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."

AB64,2144 Section 2144. 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:

AB64,886,16 464.71 (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.

AB64,886,20 (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:

AB64,886,22 (f) Intentionally made a false statement in a report submitted under s. 460.12 464.70 (1).

AB64,886,24 (g) Engaged in unprofessional conduct in violation of the standards established in rules promulgated under s. 460.04 464.62 (2) (a).