AB899,12
6Section
12. 460.03 (4) of the statutes is created to read:
AB899,5,117
460.03
(4) A massage therapy or bodywork therapy extern or massage therapy
8or bodywork therapy intern who practices massage therapy or bodywork therapy
9under the supervision of a massage therapist or bodywork therapist licensed under
10s. 460.05 and subject to conditions established by the affiliated credentialing board
11by rule under s. 460.04 (2) (h).
AB899,13
12Section
13. 460.04 (2) (a) of the statutes is amended to read:
AB899,5,1613
460.04
(2) (a) Standards that govern the professional conduct of
individual 14license holders in practicing massage therapy or bodywork therapy. The standards
15shall prohibit
a an individual license holder from having sexual contact or sexual
16intercourse with a client.
AB899,14
17Section
14. 460.04 (2) (e) of the statutes is amended to read:
AB899,5,2318
460.04
(2) (e) A requirement that an applicant for a license under
this chapter 19s. 460.05, 460.08, or 460.09 submit evidence satisfactory to the affiliated
20credentialing board that the applicant has current proficiency in the use of an
21automated external defibrillator achieved through instruction provided by an
22individual, organization, or institution of higher education approved under s. 46.03
23(38) to provide such instruction.
AB899,15
24Section
15. 460.04 (2) (g) of the statutes is amended to read:
AB899,6,3
1460.04
(2) (g) A requirement that an applicant for a license under
this chapter 2s. 460.05, 460.08, or 460.09 pass an examination on state laws and administrative
3rules governing massage therapy and bodywork therapy.
AB899,16
4Section
16. 460.04 (2) (h) of the statutes is created to read:
AB899,6,85
460.04
(2) (h) Conditions for the practice under s. 460.03 (4) of massage therapy
6or bodywork therapy externs and massage therapy or bodywork therapy interns.
7The rules promulgated under this paragraph shall define “massage therapy or
8bodywork therapy extern" and “massage therapy or bodywork therapy intern."
AB899,17
9Section
17. 460.04 (2) (i) of the statutes is created to read:
AB899,6,1310
460.04
(2) (i) Standards governing the professional conduct of a person granted
11a massage therapy or bodywork therapy establishment license under s. 460.135 (3)
12in operating a massage therapy or bodywork therapy establishment or out-call
13massage service.
AB899,18
14Section
18. 460.05 (4) of the statutes is amended to read:
AB899,6,1615
460.05
(4) The affiliated credentialing board may assign a unique license
16number to each person licensed under this
chapter
section.
AB899,19
17Section
19. 460.06 (intro.) of the statutes is amended to read:
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18460.06 Examinations. (intro.) The affiliated credentialing board may not
19grant a license under
this chapter s. 460.05 unless the applicant achieves a passing
20grade on the following examinations:
AB899,20
21Section
20. 460.07 (1) of the statutes is amended to read:
AB899,6,2422
460.07
(1) Each person who is licensed under
this chapter s. 460.05 shall
23conspicuously display the license in the place of business where he or she practices
24massage therapy or bodywork therapy so that the license can easily be seen and read.
AB899,21
25Section
21. 460.095 (4) (intro.) of the statutes is amended to read:
AB899,7,4
1460.095
(4) (intro.) Ensure that each instructor hired by the school or training
2program on or after December 1, 2010, to teach courses in theory and the practice of
3massage therapy or bodywork therapy is licensed under
this chapter s. 460.05 and
4has at least one of the following:
AB899,22
5Section
22. 460.10 (1) (a) of the statutes is amended to read:
AB899,7,116
460.10
(1) (a) Requirements and procedures for
a an individual license holder
7to complete continuing education programs or courses of study to qualify for renewal
8of his or her license. The rules promulgated under this paragraph may not require
9 a an individual license holder to complete more than 24 hours of continuing
10education programs or courses of study in order to qualify for renewal of his or her
11license.
AB899,23
12Section
23. 460.10 (2) of the statutes is amended to read:
AB899,7,1613
460.10
(2) The affiliated credentialing board may waive all or part of any
14requirement established in rules promulgated under sub. (1) (a) if it determines that
15prolonged illness, disability, or other exceptional circumstances have prevented
a 16an individual license holder from completing the requirement.
AB899,24
17Section
24. 460.11 of the statutes is amended to read:
AB899,7,21
18460.11 Practice requirements.
(1) A An individual license holder may not
19practice massage therapy or bodywork therapy on a client unless the
individual 20license holder first obtains the informed consent of the client and has informed the
21client that he or she may withdraw the consent at any time.
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22(2) A An individual license holder shall keep confidential any information that
23a client in confidence gives to the
individual license holder and any other information
24that the
individual license holder obtains about a client in the course of practicing
25massage therapy or bodywork therapy that a reasonable person in the client's
1position would want kept confidential, unless the information is otherwise required
2by law to be disclosed or the client specifically authorizes the disclosure of the
3information.
AB899,8,6
4(3) A An individual license holder may not, whether for compensation or not,
5practice massage therapy or bodywork therapy for a sexually oriented business, as
6defined by the affiliated credentialing board by rule.
AB899,25
7Section
25. 460.12 (1) of the statutes is amended to read:
AB899,8,158
460.12
(1) A An individual license holder
or person granted a license under
9s. 460.135 (3) shall submit a report to the affiliated credentialing board if he or she
10has reasonable cause to believe that another
individual license holder
or person
11granted a license under s. 460.135 (3) has committed a crime relating to prostitution
12under ss. 944.30 to 944.34 or has had sexual contact or sexual intercourse with a
13client. If the report relates to sexual contact or sexual intercourse with a client, the
14report may not identify the client unless the client has provided written consent for
15disclosure of this information.
AB899,26
16Section
26. 460.13 of the statutes is amended to read:
AB899,8,21
17460.13 Advertising. Except as provided in s. 460.03 (1) and (2),
a an
18individual license holder may not advertise that he or she practices massage therapy
19or bodywork therapy unless the advertisement includes a statement that the
20individual license holder is a “licensed massage therapist and bodywork therapist"
21or “licensed massage therapist" or “licensed bodywork therapist."
AB899,27
22Section
27. 460.135 of the statutes is created to read:
AB899,9,2
23460.135 Establishment license. (1) (a) Except as provided under sub. (2),
24no person may provide massage therapy or bodywork therapy in a massage therapy
1or bodywork therapy establishment unless the establishment is licensed under sub.
2(3).
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(b) Except as provided under sub. (2), no person may provide massage therapy
4or bodywork therapy outside of a massage therapy or bodywork therapy
5establishment unless the massage therapy or bodywork therapy is provided for an
6out-call massage service that is licensed under sub. (3).
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(c) Except as provided under sub. (2), no person may operate an out-call
8massage service or massage therapy or bodywork therapy establishment at which
9massage therapy or bodywork therapy is provided unless the out-call massage
10service or massage therapy or bodywork therapy establishment is licensed under
11sub. (3).
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12(2) No license under sub. (3) is required in order to provide massage therapy
13or bodywork therapy in a massage therapy or bodywork therapy establishment or for
14an out-call massage service for any of the following:
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(a) A business majority owned by a person holding a license under s. 460.05 or
16who may practice massage therapy or bodywork therapy under s. 460.03 (1).
AB899,9,2117
(b) A massage therapy or bodywork therapy school satisfying the requirements
18under s. 460.095, health care or nursing facility, school or other educational
19institution, spa, business with an on-site wellness center, establishment licensed to
20provide cosmetology, aesthetics, electrology, or manicuring under s. 454.08, or
21barbering establishment licensed under s. 454.25.
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22(3) The affiliated credentialing board shall grant a massage therapy or
23bodywork therapy establishment license to any person who pays the initial
24credential fee determined by the department under s. 440.03 (9) (a) and who satisfies
25the requirements established by the affiliated credentialing board by rule, including
1proof of ownership of the business that operates the establishment or out-call
2massage service. Notwithstanding ss. 440.03 (9) (a) and 440.05, the department
3shall establish a significantly lower initial credential fee for a massage therapy or
4bodywork therapy establishment or out-call massage service if the establishment or
5service is owned by a person who owns one or more other licensed massage therapy
6or bodywork therapy establishments or licensed out-call massage services. A change
7of ownership of a licensed establishment or licensed out-call massage service shall
8be reported to the affiliated credentialing board by the new owner within 5 days after
9the change of ownership.
AB899,10,17
10(4) The affiliated credentialing board shall issue a certificate to the owner of
11a licensed massage therapy or bodywork therapy establishment or licensed out-call
12massage service, certifying that the establishment or out-call massage service is
13licensed by the affiliated credentialing board. The owner of a licensed massage
14therapy or bodywork therapy establishment shall post the certificate in a
15conspicuous place in the establishment. A person providing massage therapy or
16bodywork therapy for a licensed out-call massage service shall bring the certificate,
17or a copy, to the location where massage therapy or bodywork therapy is provided.
AB899,10,25
18(5) The renewal date for a massage therapy or bodywork therapy
19establishment license is specified under s. 440.08 (2) (a), and the renewal fee for a
20massage therapy or bodywork therapy establishment license is determined by the
21department under s. 440.03 (9) (a). Notwithstanding ss. 440.03 (9) (a) and 440.05,
22the department shall establish a significantly lower renewal fee for a massage
23therapy or bodywork therapy establishment or out-call massage service that is
24owned by a person who owns one or more other licensed massage therapy or
25bodywork therapy establishments or licensed out-call massage services.
AB899,28
1Section
28. 460.14 (2) (intro.) of the statutes is amended to read:
AB899,11,62
460.14
(2) (intro.) Subject to the rules promulgated under s. 440.03 (1), the
3affiliated credentialing board may reprimand
a
an individual license holder or deny,
4limit, suspend, or revoke a license under this chapter if it finds that the applicant
or,
5individual license holder
, or person granted a license under s. 460.135 has done any
6of the following:
AB899,29
7Section
29. 460.15 of the statutes is renumbered 460.15 (1) and amended to
8read:
AB899,11,119
460.15
(1) Any Except as provided in sub. (2), any person who violates this
10chapter or any rule promulgated under this chapter shall forfeit not more than
11$1,000 for each violation.
AB899,30
12Section
30. 460.15 (2) of the statutes is created to read:
AB899,11,1413
460.15
(2) (a) Whoever violates s. 460.02 may be fined not more than $1,000
14or imprisoned for not more than 90 days or both.
AB899,11,1815
(b) 1. Whoever intentionally, as defined in s. 939.23 (3), employs for the purpose
16of providing massage therapy or bodywork therapy a person who violates s. 460.02
17may be fined not more than $10,000 or imprisoned for not more than 9 months, or
18both, for the first violation.
AB899,11,2019
2. Whoever violates subd. 1. is guilty of a Class H felony for a subsequent
20violation within 5 years.
AB899,31
21Section
31. 460.17 of the statutes is amended to read:
AB899,12,5
22460.17 Local regulation. A city, village, town, or county may not enact an
23ordinance that regulates the practice of massage therapy or bodywork therapy by a
24person who is licensed by the affiliated credentialing board under this chapter
or that
25regulates activity conducted within the scope of an establishment license under s.
1460.135 (3). No provision of any ordinance enacted by a city, village, town, or county
2that is in effect before February 1, 1999, and that relates to the practice of massage
3therapy or bodywork therapy
or activity conducted within the scope of an
4establishment license under s. 460.135 (3), may be enforced against a person who is
5licensed by the affiliated credentialing board under this chapter.
AB899,32
6Section
32.
Effective dates. This act takes effect on March 1, 2019, except
7as follows:
AB899,12,118
(1)
The treatment of sections 460.01 (1g) (d) and (e), (3), and (4), 460.03 (2) and
9(4), and 460.04 (2) (a) and (h) of the statutes, the renumbering and amendment of
10section 460.15 of the statutes, and the creation of section 460.15 (2) of the statutes
11take effect on the day after publication.