(2) Evidence satisfactory to the department that the applicant has completed any continuing education requirements specified in rules promulgated under s. 440.972 (2).
(3) Evidence satisfactory to the department 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.
440.976 Disciplinary proceedings and actions. (1) Subject to the rules promulgated under s. 440.03 (1), the department may make investigations and conduct hearings to determine whether a violation of this subchapter or any rule promulgated under this subchapter has occurred.
(2) Subject to the rules promulgated under s. 440.03 (1), the department may reprimand a registrant, or may deny, limit, suspend or revoke a license of registration, if an applicant or registrant has done any of the following:
(a) Made a material misstatement in an application for a license of registration or for renewal of a license of registration.
(b) Subject to ss. 111.321, 111.322 and 111.335, been convicted of an offense the circumstances of which substantially relate to the practice of massage therapy or bodywork.
(c) Been adjudicated mentally incompetent by a court of competent jurisdiction, a certified copy of the record of adjudication of incompetency to be conclusive evidence of such incompetency.
(d) Advertised in a manner that is false, deceptive or misleading.
(e) Advertised, practiced or attempted to practice massage therapy or bodywork under another's name.
(f) Subject to ss. 111.321, 111.322 and 111.34, engaged in the practice of massage therapy or bodywork while the person's ability to engage in the practice was impaired by alcohol or other drugs.
(g) Violated any standard relating to the practice of massage therapy or bodywork established by the department in the rules promulgated under s. 440.972 (1) (a).
(h) Engaged in conduct while practicing massage therapy or bodywork which jeopardizes the health, safety or welfare of a client or which evidences a lack of knowledge or ability to apply professional principles or skills.
(i) Committed a crime related to prostitution under ss. 944.30 to 944.34.
(j) Aided another person in violating this subchapter or any rule promulgated under this subchapter.
(k) Violated this subchapter or any rule promulgated under this subchapter.
(2m) In addition to or in lieu of a reprimand or denial, limitation, suspension or revocation of a license of registration under sub. (2), the department may assess against an applicant or registrant a forfeiture of not more than $1,000 for each violation enumerated under sub. (2).
(3) In lieu of proceeding under sub. (2), the department may place, in the registry established under s. 440.972 (1) (c), a copy of a complaint received by the department against a registrant, the registrant's response to the complaint and a copy of any records of the department concerning the complaint. The department shall use the following procedure in placing information in the registry under this subsection:
(a) No later than 60 days after the date on which the department receives a complaint alleging that a registrant has engaged in conduct that is grounds for discipline under sub. (2), the department shall provide the registrant with a copy of the complaint and place a copy of the complaint and a copy of any records of the department concerning the complaint in the registry.
(b) After receiving a copy of the complaint under par. (a), the registrant who is the subject of the complaint, or his or her authorized representative, may place in the registry a statement of reasonable length describing the registrant's view of the correctness or relevance of any of the information contained in the complaint.
(c) The department shall remove all complaints against and other information concerning a registrant from the registry if, for a period of 2 years from the date of the most recent complaint filed in the registry, no further complaints have been filed against the registrant.
(4) The department may reissue a license of registration to any person whose certificate has been suspended or revoked under sub. (2) if the person satisfies requirements for reissuance established by the department. The department may issue a new license of registration to replace any license revoked, lost, destroyed or mutilated, subject to the rules of the department and the payment of the required fee.
440.977 Change of name. No registrant may practice massage therapy or bodywork in this state under any other given name or any other surname than that under which the person was originally issued a license of registration if the department, after a hearing, finds that using a title under the changed name operates to unfairly compete with another person who practices massage therapy or bodywork or to mislead the public as to identity or to otherwise result in detriment to the profession of massage therapy or bodywork or to the public. This section does not apply to a change of name resulting from marriage or divorce.
440.978 Penalties. (1) Except as provided in sub. (2), a person who violates this subchapter or any rule promulgated under this subchapter shall forfeit not more than $1,000 for each violation.
(2) A person who violates s. 440.971 (1) or a person presenting or attempting to use as his or her own the license of registration of another, or any person who falsely impersonates any other registrant of like or different name, or any person who attempts to use an expired or revoked license of registration, may be fined not less than $100 nor more than $500 or imprisoned for not more than 3 months or both.
440.979 Local regulation. A city, village, town or county may not enact an ordinance that regulates the practice of massage therapy or bodywork by a person who is issued a license of registration by the department under this subchapter. No provision of any ordinance enacted by a city, village, town or county that is in effect before the effective date of this section .... [revisor inserts date], and that relates to the practice of massage therapy or bodywork, may be enforced against a person who is issued a license of registration by the department under this subchapter.
156,13
Section 13
. 895.48 (1m) (intro.) of the statutes is amended to read:
895.48 (1m) (intro.) Any physician licensed under ch. 448, chiropractor licensed under ch. 446, dentist licensed under ch. 447, emergency medical technician licensed under s. 146.50, physician assistant certified under ch. 448 or, registered nurse licensed under ch. 441 or massage therapist or bodyworker issued a license of registration under subch. X of ch. 440 who renders voluntary health care to a participant in an athletic event or contest sponsored by a nonprofit corporation, as defined in s. 46.93 (1m) (c), a private school, as defined in s. 115.001 (3r), a public agency, as defined in s. 46.93 (1m) (e), or a school, as defined in s. 609.655 (1) (c), is immune from civil liability for his or her acts or omissions in rendering that care if all of the following conditions exist:
156,14
Section 14
. 895.48 (1m) (b) of the statutes is amended to read:
895.48 (1m) (b) The physician, chiropractor, dentist, emergency medical technician, physician assistant or
, registered nurse, massage therapist or bodyworker does not receive compensation for the health care, other than reimbursement for expenses.
156,15
Section 15
. 908.03 (6m) (a) of the statutes is amended to read:
908.03 (6m) (a) Definition. In this subsection, “health care provider" means a massage therapist or bodyworker issued a license of registration under subch. X of ch. 440, a chiropractor licensed under ch. 446, a dentist licensed under ch. 447, a physician assistant certified under ch. 448 or a health care provider as defined in s. 655.001 (8).
156,16
Section 16
.
Nonstatutory provisions.
(1) Notwithstanding section 440.973 of the statutes, as created by this act, the department of regulation and licensing shall do each of the following:
(a) Issue a license of registration as a massage therapist or bodyworker to a person who, not later than the last day of the 12th month beginning after the effective date of this paragraph, does all of the following:
1. Submits an application to the department on a form approved by the department that describes the person's education and his or her experience in the practice of massage therapy and bodywork.
2. Passes an oral or written examination administered or approved by the department that determines fitness to practice massage therapy or bodywork, or provides evidence satisfactory to the department that he or she has passed a massage therapy or bodywork examination administered by a national organization that establishes standards for the practice of massage therapy or bodywork and that is recognized by the department.
3. Pays the fee specified in section 440.05 (1) of the statutes.
(b) Issue a license of registration as a massage therapist or bodyworker to a person who, no later than the 6th month beginning after the effective date of this paragraph, does all of the following:
1. Submits an application to the department on a form approved by the department that describes the person's education and his or her experience in the practice of massage therapy or bodywork.
2. Provides evidence satisfactory to the department that he or she satisfies each of the following:
a. Has completed at least 100 classroom hours of instruction in the practice of massage therapy or bodywork or has practiced massage therapy or bodywork for compensation for at least 2 years during the 5-year period immediately preceding the date of the application.
b. 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.
3. Pays the fee specified in section 440.05 (1) of the statutes.
(2) A license of registration issued under subsection (1) (a
) may be renewed under section 440.975 of the statutes, as created by this act. A license of registration issued under subsection (1) (b) is valid until 3 years after that date that it is issued and may not be renewed.
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Section 17
.
Initial applicability.
(1) The treatment of section 146.81 (1) (hp) of the statutes first applies to contracts entered into or renewed by registered massage therapists or bodyworkers under section 635.272 (1) of the statutes on the effective date of this subsection.
(2) The treatment of section 146.81 (1) (hp) of the statutes first applies to the use of billing forms specified in section 632.725 (2) (a) of the statutes on the effective date of this subsection.
(3) The treatment of section 895.48 (1m) (intro.) and (b) of the statutes first applies to care rendered on the effective date of this subsection.
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Section 18
.
Effective date.
(1) This act takes effect on the first day of the 9th month beginning after publication.
