Rule-Making Notices (Hearing Notices)

Summary of, and comparison with, existing or proposed federal regulation:

No federal regulation exists.

Summary of factual data and analytical methodologies:

The provisions of 2001 Wisconsin Act 74 and 2005 Wisconsin Act 25 were reviewed to determine the appropriate provisions of then existing Wis. Admin. Code Chapters RL 90 to 94 which required amending for conformity. 2001 Wisconsin Act 74 and 2005 Wisconsin Act 2005 also required the creation of new rule provisions in Chapters RL 90 to 94. The proposed rules were submitted to the Massage Therapy and Bodyworker Council for review and comments as required by s. 460.04 (3), Stats.

Massage Therapy and Bodyworker Council Comments – (April 13, 2004)

MOTION: Amy Remillard moved, seconded by Mary Ellen Martin, to change the three hours [education requirements] from CPR to a science portion of the rules. Motion carried unanimously.

Department response: change made.

MOTION: Amy Remillard moved, seconded by Vlad Thomas, to change the rule [informed consent] to read, “practice massage therapy or body work on a client without first obtaining the written informed consent of the client and has informed the client they may withdraw at any time." Motion carried unanimously at today's meeting.

Department response: change made.

Analysis and supporting documents used to determine effect on small business:

The proposed amendments to the department's administrative rules, Chapters RL 90 to 94, represent a recodification and clarification of existing administrative rules of the department. These amended rules do not represent any significant change in terms of increasing or decreasing existing requirements on the certification of governance of Massage Therapist and Bodyworkers, therefore no additional effect on small business or economic impact is anticipated.

Section 227.137, Stats., requires an “agency" to prepare an economic impact report before submitting the proposed rule-making order to the Wisconsin Legislative Council. The Department of Regulation and Licensing is not included as an “agency" in this section.

Anticipated costs incurred by private sector:

The department finds that this rule has no significant fiscal effect on the private sector.

Fiscal estimate

The department estimates that this rule will require staff time in the Division of Professional Credentialing. The total staff salary and fringe is estimated at $230.

Effect on small business

These proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at [e-mail] by calling [phone].

Contact Person

Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935. Telephone: [phone]. Email: [e-mail].

Written Comments

Comments may be submitted to Pamela Haack at the Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 89235, Madison, Wisconsin 53708-8935. Email to [e-mail]. Comments must be received on or before July 21, 2006, to be included in the record of rule-making proceedings.

TEXT OF RULE

SECTION 1. RL 90.01 is amended to read:

RL 90.01 Authority and intent. The rules in chs. RL 90 to 94 are adopted by the department pursuant to ss. s. 227.11 (2), Stats., and 440.982 ch. 460, Stats., to govern the registration credentialing of massage therapists and bodyworkers.

SECTION 2. RL 90.02 (1) (b) is repealed and recreated to read:

RL 90.02 (1) (b) A state government agency or territorial government agency located in another state or territory of the United States or another country.

SECTION 3. RL 90.02 (1g) and (1r) are created to read:

RL 90.02 (1g) “Approved training program" means a series of classroom courses, not including continuing education, which is approved by the department having a unified purpose which led to a diploma or degree or to an occupational or vocational objective, meeting the requirements of s. RL 92.01.

(1r) “Certificate holder" means a person granted a certificate under ch. 460, Stats.

SECTION 4. RL 90.02 (2) is amended to read:

RL 90.02 (2) “Classroom hour" means a period of instruction in an approved course consisting of not less than 50 minutes.

SECTION 5. RL 90.02 (3) is repealed.

SECTION 6. RL 90.02 (5m) is created to read:

RL 90.02 (5m) “Insured" means any person to whom or for whose benefit an insurer makes a promise in an insurance policy. The term includes policyholders, subscribers, members, and beneficiaries.

SECTION 7. RL 90.02 (6) and (8) are amended to read:

RL 90.02 (6) “Manual action" includes holding, positioning, rocking, kneading, compressing, decompressing, gliding or percussing the soft tissue of the human body and or applying friction to soft tissue a passive range of motion to the human body.

(8) “Massage therapy or bodywork" means the science and healing art that uses manual actions to palpate and manipulate the soft tissue of the human body, in order to improve circulation, reduce tension, relieve soft tissue pain or increase flexibility, and includes determining whether massage therapy or bodywork is appropriate or contraindicated, or whether referral to another health care practitioner is appropriate. Massage therapy or bodywork does not include making a medical or chiropractic diagnosis or instructing in or prescribing rehabilitative strengthening or conditioning exercises that are within the practice of physical therapy, as defined in s. 448.50 (4), Stats.

SECTION 8. RL 90.02 (9) is repealed.

SECTION 9. RL 90.02 (10) to (13) are created to read:

RL 90.02 (10) “Policyholder" means the person who controls the policy by ownership, payment of premiums, or otherwise.

(11) “Sexual contact" has the meaning given in s. 939.22 (34), Stats.

(12) “Sexual intercourse" has the meaning given in s. 948.01 (7) (a), Stats.

(13) “Sexually oriented business" means keeping a place of prostitution as defined in s. 944.34, Stats.

SECTION 10. RL 91.01 (title), (intro.) and (2) are amended to read:

RL 91.01 (title) Application for registration a certificate. (intro.) An individual applying for registration a certificate as a massage therapist or bodyworker shall submit all of the following:

(2) The fee required specified in s. 440.05 (1), Stats.

SECTION 11. RL 91.01 (3) (a) is repealed and recreated to read:

RL 91.01 (3) (a) Has graduated from a school of massage therapy or bodywork approved by the educational approval board at the time of the applicant's graduation or completed an approved training program as described in s. RL 92.01.

SECTION 12. A Note following RL 91.01 (3) (a) is created to read:

Note: A list of approved schools is available upon request to the Educational Approval Board at 30 West Mifflin Street, 9th Floor, P.O. Box 8696, Madison, Wisconsin 53708, or the department at 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708.

SECTION 13. RL 91.01 (3) (b), (c), (d), (e) and (f) are renumbered RL 91.01 (3) (f), (i), (g), (h) and (j), and as renumbered RL 91.01 (3) (f), (g), (i) and (j) are amended to read:

RL 91.01 (3) (f) Subject to ss. 111.321, 111.322 and 111.335, Stats., does not have a conviction record has not been convicted of any other offense not listed in par. (e), the circumstances of which substantially relate to the practice of massage therapy or bodywork.

(g) Has passed either the national certification examination for therapeutic massage and bodywork or the national certification examination for therapeutic massage that are offered by the national certification board for therapeutic massage and bodywork, or a substantially equivalent another examination approved relating to the practice of massage therapy or bodywork that is administered by a national board that is accredited by the national commission of certifying agencies of the national organization for competency assurance or that is developed, administered or a substantially equivalent examination approved by the department relating to the practice of massage therapy or bodywork.

(i) 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.

(j) Has successfully completed a course consisting of 8 5 classroom hours in adult cardiopulmonary resuscitation and standard first aid, unless if the individual has not graduated from a school of massage therapy or bodywork approved by the educational approval board and the 8 5 classroom hours are not completed as part of a course of instruction by the individual as part of an approved training program as provided under s. RL 92.01 (5) (e) (4) (f).

SECTION 14. RL 91.01 (3) (b) to (e) are created to read:

RL 91.01 (3) (b) Has successfully completed at least 6 classroom hours of study in the laws of this state and rules of the department relating to the practice of massage therapy or bodywork in a course of instruction offered by any of the following:

1. A school of massage therapy or bodywork approved by the educational approval board, whether or not the course of instruction was completed to meet a requirement for graduation.

2. An approved training program whether or not the training program is completed by the individual for purposes of satisfying par. (a).

3. A school approved by an accrediting agency.

4. A technical college established pursuant to s. 38.02, Stats.

(c) Is 18 years of age or older.

(d) Has graduated high school or attained high school equivalency as determined by the department of public instruction under s. 115.29 (4), Stats.

(e) 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, 948.025, 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 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.