SECTION 15. RL 91.015 is created to read:
RL 91.015 Waiver of education requirements. A requirement of s.
RL 91.01 (3) (a) and
(b) shall be waived if an individual submits evidence satisfactory to the department that he or she has successfully completed a course consisting of 5 classroom hours in adult cardiopulmonary resuscitation and standard first aid and satisfied one of the following:
(1) Is currently either certified or recertified by the national certification board for therapeutic massage and bodywork.
(2) Is currently either certified or recertified as active and in good standing by any other organization accredited to certify massage therapy or bodywork by the national commission for certifying agencies.
SECTION 16. RL 91.03 (title), (1) (intro.) and (1) (c) 1. are amended to read:
RL 91.03 (title) Reciprocal registration certificate. (1) (intro.) An individual applying for registration
a certificate on the basis of a similar license, registration or certification certificate in another state or jurisdiction territory of the United States or another country shall:
(c) 1. Holds a current similar license, registration or certificate to practice massage therapy or bodywork in another state or
jurisdiction territory of the United States or another country
, the requirements for which are substantially equivalent to the requirements under s. 460.05, Stats.
SECTION 17. RL 91.03 (1) (c) 2. is repealed and recreated to read:
RL 91.03 (1) (c) 2. Has not been convicted of an offense under s.
940.22,
940.225,
944.15,
944.17,
944.30,
944.31,
944.32,
944.33,
944.34,
948.02,
948.025,
948.08,
948.09,
948.095 or
948.10, Stats., or a comparable offense under federal law or a law of any other state.
SECTION 18. RL 91.03 (1) (c) 3. is repealed.
SECTION 19. RL 91.03 (1) (c) 4. is amended to read:
RL 91.03 (1) (c) 4. Subject to ss.
111.321,
111.322 and
111.335, Stats.,
does not have an arrest or conviction record has not been convicted of any other offense not listed under subd. 2., the circumstances of which substantially relate to the practice of massage therapy or bodywork.
SECTION 20. RL 91.03 (1) (c) 5. and 6. are repealed.
SECTION 21. RL 91.03 (1) (c) 7. is amended to read:
RL 91.03 (1) (c) 7. Has in effect as a policyholder and insured, 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.
SECTION 22. RL 91.03 (1) (c) 8. is created to read
RL 91.03 (1) (c) 8. Has not engaged in conduct while practicing massage therapy or bodywork that jeopardizes the health, safety, or welfare of a client or that evidences a lack of knowledge of, inability to apply, or the negligent application of, principles or skills of massage therapy or bodywork.
SECTION 23. RL 91.03 (2) is renumbered RL 91.03 (2) (intro.) and is amended to read:
RL 91.03 (2) (intro.)
In determining whether to grant a reciprocal registration, the department shall consider whether the requirements Requirements for a
current similar license, registration or certificate
to practice massage therapy or bodywork in
the other another state or
jurisdiction are similar to the requirements for registration as a massage therapist or bodyworker in this state. territory of the United States or another country, are substantially equivalent to the requirements under s. 460.05, Stats., if the requirements include either of the following:
SECTION 24. RL 91.03 (2) (a) and (b) are created to read:
RL 91.03 (2) (a) Certification by the national certification board for therapeutic massage and bodywork or any other organization accredited by the national commission for certifying agencies to certify massage therapy or bodywork.
(b) Completion of at least 500 classroom hours of instruction in massage therapy or bodywork at a school approved by an accrediting agency, and passing an examination relating to the practice of massage therapy or bodywork that is administered or approved by an accrediting agency.
SECTION 25. RL 91.04 is amended to read:
RL 91.04 Accommodations relating to a disability. A qualified individual with a disability shall be provided with reasonable accommodations requested in connection with the completion of an application for registration
certification as a massage therapist or bodyworker.
SECTION 26. RL 91.05 is created to read:
RL 91.05 Alternate certification. The department shall grant a certificate as a massage therapist or bodyworker to a person who satisfies all of the following:
(1) Is 18 years of age or older.
(2) Has graduated high school or attained high school graduation equivalency as determined by the department of public instruction under s.
115.29 (4), Stats.
(3) Submits an application for the certificate to the department on a form provided by the department.
(5) Submits evidence satisfactory to the department that the person has in effect as a policyholder and insured, 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.
(6) Has not been convicted of an offense under s.
940.22,
940.225,
944.15,
944.17,
944.30,
944.31,
944.32,
944.33,
944.34,
948.02,
948.025,
948.08,
948.09,
948.095 or
948.10, Stats., or a comparable offense under federal law or a law of any other state.
(7) Submits evidence satisfactory to the department that, during the 2 year period after March 1, 2003, the person was actively engaged in the practice of massage therapy or bodywork. In this section, “active practice" means having engaged in at least 1500 hours of the practice of massage therapy or bodywork during the 2 year period after March 1, 2003.
(8) Attests that he or she only recently became aware of the requirements of ch.
460, Stats.
SECTION 27. RL 92.01 (title), (1) and (2) are amended to read:
RL 92.01 (title) Course of instruction Approved training program. (1) An individual applying for registration a certificate as a massage therapist or bodyworker and who has not graduated from a school of massage therapy or bodywork approved by the educational approval board shall submit an official transcript or other official documentation showing dates and total hours attended and a description of the curriculum completed establishing that he or she has completed at least 600 classroom hours of study in a course of instruction an approved training program.
(2) Credit may be granted for a course of instruction an approved training program regardless of when the instruction program was completed.
SECTION 28. RL 92.01 (3) is repealed.
SECTION 29. RL 92.01 (4) (intro.), (a), (b), (5) (intro.), (b), (d) and (e) are amended to read:
RL 92.01 (4) (intro.) In addition to satisfying the requirements of sub. (4) (5),
a course of instruction that is approved by the department an approved training program shall be one of the following:
(a) An associate degree program, or a
vocational technical diploma program in massage therapy or bodywork offered by a technical college established pursuant to s.
38.02, Stats.
(b) A course of instruction in massage therapy or bodywork offered by a school accredited by an accredited agency at the time the individual completes the course of instruction.
(5) (intro.) An approved course of instruction consisting training program shall consist of a minimum of 600 classroom hours of study and shall include the following subject areas:
(a) Anatomy, physiology, pathology and kinesiology: 122 125 classroom hours.
(b) Business, law and ethics: 50 classroom hours
, which may include at least 6 classroom hours in the laws of this state and rules of the department relating to the practice of massage therapy or bodywork required by s. RL 91.01 (3) (b).
(e) Adult cardiopulmonary resuscitation (CPR) and standard first aid:
8 5 classroom hours. The requirement of this paragraph may be alternatively satisfied as provided under s.
RL 91.01 (3) (f) (j).
SECTION 30. RL 92.02 is repealed.
SECTION 31. RL 93.01 (title) and 93.01 are amended to read:
RL 93.01 (title) Registration Certificate expiration. Registration Certificates for massage therapists and bodyworkers expires expire on March 1 of each odd-numbered year.
SECTION 32. RL 93.02 (title), (intro.), (2) and (3) are amended to read:
RL 93.02 (title) Renewal of registration certificate. (intro.) In order to renew a registration certificate on or before the renewal date, the registrant certificate holder shall submit the following to the department:
(2) The renewal fee required under s.
440.08 (2) (a) 67q. 46r., Stats.
(3) Evidence satisfactory to the department that he or she has in effect as a policyholder and insured, 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.
SECTION 33. RL 93.03 is amended to read:
RL 93.03 Failure to renew. A
registrant certificate holder who fails to renew a
registration certificate by the applicable renewal date shall not use any title or description that implies that he or she is
registered credentialed by the department as a massage therapist or bodyworker until his or her
registration certificate is renewed under s.
RL 93.04.
SECTION 34. RL 93.04 (intro.) and (1) (c) are amended to read:
RL 93.04 Late renewal. (intro.) A massage therapist or bodyworker who fails to renew his or her registration certificate by the renewal date may renew the
registration certificate by satisfying all of the following requirements:
(1) (c) Evidence satisfactory to the department that he or she has in effect as a policyholder and insured, 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.
SECTION 35. RL 94.01 (title), (intro.), (6), (9), (16), (19), (20), (26) and (27) are amended to read:
RL 94.01 (title)
Violations of standards of practice Unprofessional conduct. (intro.) The following, without limitation because of enumeration, are violations of the standards of
practice for massage therapists and bodyworkers professional conduct and constitute unprofessional conduct under s. 460.14 (2) (g), Stats.:
(6) Failing to obtain and record Practicing massage therapy or bodywork on a client without first obtaining the written informed consent of the client or the client's authorized representative before initiating a plan of treatment and informing the client in writing that he or she may withdraw the consent at any time.
(9) Failing to maintain the confidentiality of all client information, unless disclosure is required by law or court order keep confidential any information that a client gives in confidence to the certificate holder and any other information that the certificate holder obtains about a client in the course of practicing massage therapy or bodywork that a reasonable person in the client's position would want kept confidential, unless the information is otherwise required by law to be disclosed or the client specifically authorizes the disclosure of the information.
(16) After a request by the department, failing to cooperate in a timely manner with the department's investigation of complaints filed against the individual or registrant certificate holder. There is a rebuttable presumption that a registrant or individual certificate holder who takes longer than 30 calendar days to respond to a request of the department has not acted in a timely manner under this subsection.
(19) Failing to practice massage therapy or bodywork within the scope of the registrant's certificate holder's competence, education, training and experience.
(20) Aiding or abetting an unregistered uncertified person, knowingly conspiring with an unregistered uncertified person, or allowing one's registration certificate to be used by an unregistered uncertified person to evade the use of title restrictions under ch. 440 460, Stats., relating to the practice of massage therapy or bodywork.
(26) Failing to maintain premises according to standards recognized by the massage therapy or bodywork profession or to standards established by local regulation, whichever standard is higher.
(27) Failing to notify the department of any criminal conviction within 30 calendar days after the date of conviction submit a written report to the department if the certificate holder is convicted of a felony or misdemeanor, or is found to have committed a violation, in this state or elsewhere, if the circumstances of the felony, misdemeanor or violation substantially relate to the practice of massage therapy or bodywork. The report shall be made on a complaint form provided by the department and shall be submitted within 30 days after the entry of the judgment of conviction or the judgment that the certificate holder committed the violation, and shall identify the date, place, and nature of the conviction or finding. If the report is submitted by mail, the report is considered to be submitted on the date that it is mailed. In this subsection, “violation" means a violation of any state or local law that is punishable by a forfeiture.
SECTION 36. A Note following RL 94.01 (27) is created to read:
Note: Complaint forms are available from the Department of Regulation and Licensing, Division of Enforcement, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or from the department's website at:
http://drl.wi.gov.
SECTION 37. RL 94.01 (28) is amended to read:
RL 94.01 (28) Failing to display his or her certificate of registration in his or her place of business or practice so that it can easily be seen and read by the public.
SECTION 38. RL 94.01 (29) to (32) are created to read:
RL 94.01 (29) Practicing massage therapy or bodywork, whether for compensation or not, for a sexually oriented business.
(30) Having sexual contact or sexual intercourse with a client that occurred on or after March 1, 2003.
(31) Failing to make a report as required under s.
RL 94.02.
(32) Advertising by a certificate holder that he or she practices massage therapy or bodywork unless the advertisement includes his or her certificate number and a statement that the certificate holder is a “certified massage therapist or bodyworker" or “certified massage therapist" or “certified bodyworker." A telephone directory listing for which no additional advertising charge is made is not considered advertising.
SECTION 39. RL 94.02 is created to read:
RL 94.02 Duty to make reports. (1) A certificate holder shall submit a report to the department if he or she has reasonable cause to believe that another certificate holder has committed a crime relating to prostitution under ss.
944.30 to
944.34, Stats., 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.
(2) For purposes of this section, “reasonable cause" means any of the following:
(a) Being informed by a person that he or she has engaged in an act with another certificate holder prohibited by ss.
944.30 to
944.34, Stats.
(b) Being informed by a person that he or she, while a client of another certificate holder, engaged in nonmarital sexual contact or sexual intercourse with the other certificate holder.
(c) Being informed by another certificate holder that he or she has engaged in nonmarital sexual contact or sexual intercourse with a client, or has done an act prohibited by ss.
944.30 to
944.34, Stats.
(3) The report shall be made on a complaint form provided by the department. The department may use the report as the basis for an investigation under s.
460.14 (1), Stats.
Note: Complaint forms are available from the Department of Regulation and Licensing, Division of Enforcement, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or from the department's website at:
http://drl.wi.gov.
(4) A complaint as defined in s.
RL 2.03 (2), filed against a certificate holder pursuant to s.
RL 2.08, based upon the allegation of one or more acts prohibited under ss.
944.30 to
944.34, Stats., constitutes reasonable cause for the department to believe that a certificate holder has committed a crime and the department shall report the belief to the district attorney for the county in which the crime, in the opinion of the department, occurred.
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to ss.
85.16 (1) and
348.07 (4), Stats., interpreting s.
348.07 (4), Stats., the Department of Transportation will hold a public hearing at the following location to consider the amendment of chapter Trans 276, Wisconsin Administrative Code, relating to allowing the operation of double bottoms and certain other vehicles on certain specified highways:
