(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 RL 92.01 (3) is repealed.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:
July 12, 2006
Department of Transportation
Hill Farms State Transportation Office
Room 501, Eau Claire Room
Madison, WI
10:00 AM
(Parking is available for persons with disabilities)
An interpreter for the hearing impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.
Analysis Prepared by the Wisconsin Department of Transportation
Plain Language Analysis and Summary of, and Preliminary Comparison with, Existing or Federal Regulation. In the Surface Transportation Assistance Act of 1982 (STAA), the federal government acted under the Commerce clause of the United States Constitution to provide uniform standards on vehicle length applicable in all states. The length provisions of STAA apply to truck tractor-semitrailer combinations and to truck tractor-semitrailer-trailer combinations. (See Jan. 6, 1983, Public Law 97-424, § 411) The uniform standards provide that:
• No state shall impose a limit of less than 48 feet on a semitrailer operating in a truck tractor-semitrailer combination.
• No state shall impose a length limit of less than 28 feet on any semitrailer or trailer operating in a truck tractor-semitrailer-trailer combination.
• No state may limit the length of truck tractors.
• No state shall impose an overall length limitation on commercial vehicles operating in truck tractor-semitrailer or truck tractor-semitrailer-trailer combinations.
• No state shall prohibit operation of truck tractor-semitrailer-trailer combinations.
The vehicles authorized by the STAA may operate on the national system of interstate and defense highways and on those federal aid primary highways designated by regulation of the secretary of the United States Department of Transportation. In 1984 the USDOT adopted
23 CFR Part 658 which in Appendix A lists the highways in each state upon which STAA authorized vehicles may operate. Collectively these highways are known as the National Network. In
1983 Wisconsin Act 78, the legislature enacted §
348.07 (4), Stats., which directs the Wisconsin Department of Transportation to adopt a rule designating the highways in Wisconsin on which STAA authorized vehicles may be operated consistent with federal regulations.
The Department of Transportation first adopted ch.
Trans 276 of the Wisconsin Administrative Code in December of 1984. The rule is consistent with
23 CFR Part 658 in that the Wisconsin rule designates all of the highways in Wisconsin that are listed in
23 CFR Part 658 as part of the National Network for STAA authorized vehicles. The federal regulation does not prohibit states from allowing operation of STAA authorized vehicles on additional state highways. The rule making authority granted to the Wisconsin Department of Transportation in §
348.07(4), Stats., allows the DOT to add routes in Wisconsin consistent with public safety. The rule making process also provides a mechanism to review requests from businesses and shipping firms for access to the designated highway system for points of origin and delivery beyond 5 miles from a designated route. A process to review and respond to requests for reasonable access is required by
23 CFR Part 658.
This rule amends Trans 276.07(25), Wisconsin Administrative Code, to add one segment of highway to the designated highway system established under s.
348.07(4), Stats. The actual highway segment
1 that this rule adds to the designated highway system is:
Hwy. From To
STH 180 STH 64 at Marinette USH 141 in Marinette Co.
The long trucks to which this rule applies are those with 53-foot semitrailers, double bottoms and the vehicles which may legally operate on the federal National Network, but which exceed Wisconsin's regular limits on overall length. Generally, no person may operate any of the following vehicles on Wisconsin's highways without a permit: A single vehicle with an overall length in excess of 40 feet
2, a combination of vehicles with an overall length in excess of 65 feet, a semitrailer longer than 48 feet, an automobile haulaway longer than 66 feet plus allowed overhangs, or a double bottom. Certain exceptions are provided under s.
348.07 (2), Stats., which implements provisions of the federal Surface Transportation Assistance Act in Wisconsin.
The effect of this rule will be to extend the provisions of s.
348.07 (2) (f),
(fm),
(gm) and
(gr), and s.
348.08 (1) (e), Stats., to the highway segment listed above. As a result, vehicles which may legally operate on the federal National Network in Wisconsin will also be allowed to operate on the newly-designated highway. Specifically, this means there will be no overall length limitation for a tractor-semitrailer combination, a double bottom or an automobile haulaway on the affected highway segment. There also will be no length limitation for a truck tractor or road tractor when operated in a tractor-semitrailer combination or as part of a double bottom or an automobile haulaway. Double bottoms will be allowed to operate on the affected highway segment provided neither trailer is longer than 28 feet, 6 inches. Semitrailers up to 53 feet long may also be operated on this highway segment provided the kingpin to rear axle distance does not exceed 43 feet. This distance is measured from the kingpin to the center of the rear axle or, if the semitrailer has a tandem axle, to a point midway between the first and last axles of the tandem. Otherwise, semitrailers, including semitrailers which are part of an automobile haulaway, are limited to 48 feet in length.
These vehicles and combinations are also allowed to operate on undesignated highways for a distance of 5 miles or less from the designated highway in order to reach fuel, food, maintenance, repair, rest, staging, terminal or vehicle assembly or points of loading or unloading.
2005 Wisconsin Act 363.
2005 Wis. Act 363 amends s.
348.07(4), Stats., effective August 1, 2006. That Act also requires the Department to promulgate emergency and permanent rules governing long trucks. It's effect on this proposed rule change has not been determined.
