SB262-SSA1,8,98 (c) Submits an application for the certificate to the department on a form
9provided by the department.
SB262-SSA1,8,1010 (d) Pays the fee specified in s. 440.05 (1).
SB262-SSA1,8,1211 (e) Except as provided in sub. (2), submits evidence satisfactory to the affiliated
12credentialing board that he or she has done all of the following:
SB262-SSA1,8,1413 1. Graduated from a school of massage therapy or bodywork approved under
14s. 39.51 and under rules promulgated under s. 448.953 (2) (b).
SB262-SSA1,8,1715 2. Completed at least 6 classroom hours in the laws of this state and rules of
16the affiliated credentialing board relating to the practice of massage therapy or
17bodywork in a course of instruction approved by the affiliated credentialing board.
SB262-SSA1,8,2118 3. Completed a minimum number of classroom hours, established by the
19affiliated credentialing board by rule, in a course of instruction in the principles and
20techniques of massage therapy or bodywork that is approved by the affiliated
21credentialing board.
SB262-SSA1,8,2222 (f) Passes an examination under s. 448.955.
SB262-SSA1,8,2523 (g) Submits evidence satisfactory to the affiliated credentialing board that he
24or she has in effect malpractice liability insurance coverage in an amount that is not
25less than $1,000,000 per occurence and $1,000,000 for all occurrences in one year.
SB262-SSA1,9,4
1(2) The affiliated credentialing board may waive a requirement specified in
2sub. (1) (e) if a person establishes, to the satisfaction of the affiliated credentialing
3board, that he or she has education, training or other experience that is substantially
4equivalent to the requirement.
SB262-SSA1,9,8 5448.955 Examination. (1) The affiliated credentialing board shall conduct
6or arrange for examinations for massage therapist or bodyworker certification at
7least semiannually and at times and places determined by the affiliated
8credentialing board.
SB262-SSA1,9,11 9(2) Examinations shall consist of written or oral tests, or both, requiring
10applicants to demonstrate minimum competency in subjects substantially related to
11the practice of massage therapy or bodywork.
SB262-SSA1,9,16 12448.956 Issuance of certificate; expiration and renewal. (1) The
13department shall issue a certificate of certification to each person who is certified
14under this subchapter. The person shall conspicuously display the certificate in the
15place of business where he or she practices massage therapy or bodywork so that the
16certificate can be easily seen and read.
SB262-SSA1,9,22 17(2) The renewal dates for certificates granted under this subchapter, other
18than temporary certificates granted under s. 448.957, are specified under s. 440.08
19(2) (a). Renewal applications shall be submitted to the department on a form
20provided by the department and shall include the renewal fee specified in s. 440.08
21(2) (a), proof of completion of continuing education under s. 448.959 and the evidence
22specified in s. 448.954 (1) (g).
SB262-SSA1,9,25 23448.957 Temporary certificate. Upon application and payment of the fee
24specified in s. 440.05 (6), the affiliated credentialing board may grant a temporary
25certificate as a massage therapist or bodyworker to a person who satisfies the

1requirements under s. 448.954 (1) (a) to (e) and (g), has submitted an application to
2take the next available examination under s. 448.955 and has not previously failed
3the examination. A temporary certificate granted under this section shall expire on
4the date on which the person receives the results of the examination and may not be
5renewed.
SB262-SSA1,10,12 6448.958 Reciprocal certificate. Upon application and payment of the fee
7specified in s. 440.05 (2), the affiliated credentialing board shall grant a certificate
8as a massage therapist or bodyworker to a person who holds a similar certificate in
9another state or territory of the United States if the affiliated credentialing board
10determines that the requirements for receiving the certificate in the other state or
11territory are substantially equivalent to the requirements under s. 448.954 and the
12person submits the evidence specified in s. 448.954 (1) (g).
SB262-SSA1,10,22 13448.959 Continuing education. The affiliated credentialing board shall
14promulgate rules establishing requirements and procedures for a massage therapist
15or bodyworker to complete continuing education programs or courses of study in
16order to qualify for renewal of his or her certificate. Rules promulgated under this
17section shall require a massage therapist or bodyworker to complete at least 24 hours
18of continuing education programs or courses of study in order to qualify for renewal.
19The affiliated credentialing board may waive all or part of any requirement
20established in rules promulgated under this section if it determines that prolonged
21illness, disability or other exceptional circumstances have prevented a massage
22therapist or bodyworker from completing the requirement.
SB262-SSA1,11,2 23448.96 Practice requirements. (1) A massage therapist or bodyworker may
24not practice massage therapy or bodywork on a client unless the massage therapist

1or bodyworker first obtains the informed consent of the client and has informed the
2client that he or she may withdraw the consent at any time.
SB262-SSA1,11,9 3(2) A massage therapist or bodyworker shall keep confidential any information
4that a client in confidence gives to the massage therapist or bodyworker and any
5other information that the massage therapist or bodyworker obtains about a client
6in the course of practicing massage therapy or bodywork that a reasonable person
7in the client's position would want kept confidential, unless the information is
8otherwise required by law to be disclosed or the client specifically authorizes the
9disclosure of the information.
SB262-SSA1,11,12 10(3) A massage therapist or bodyworker may not, whether for compensation or
11otherwise, practice massage therapy or bodywork for a sexually oriented business,
12as defined by the affiliated credentialing board by rule.
SB262-SSA1,11,19 13448.961 Duty to make reports. (1) A massage therapist or bodyworker shall
14submit a report to the affiliated credentialing board if he or she has reasonable cause
15to believe that another massage therapist or bodyworker has committed a crime
16relating to prostitution under ss. 944.30 to 944.34 or has had sexual contact or sexual
17intercourse with a client. If the report relates to sexual contact or sexual intercourse
18with a client, the report may not identify the client unless the client has provided
19written consent for disclosure of this information.
SB262-SSA1,11,25 20(2) The affiliated credentialing board may use a report made under sub. (1) as
21the basis for an investigation under s. 448.964 (1). If after an investigation the
22affiliated credentialing board has reasonable cause to believe that a massage
23therapist or bodyworker has committed a crime, the affiliated credentialing board
24shall report the belief to the district attorney for the county in which the crime, in
25the opinion of the affiliated credentialing board, occurred.
SB262-SSA1,12,4
1(3) If after an investigation the affiliated credentialing board determines that
2a report submitted under sub. (1) is without merit, the affiliated credentialing board
3shall remove the report from the record of the massage therapist or bodyworker who
4is the subject of the report.
SB262-SSA1,12,18 5(4) All reports and records made from reports under sub. (1) and maintained
6by the department, the affiliated credentialing board, district attorneys and other
7persons, officials and institutions shall be confidential and are exempt from
8disclosure under s. 19.35 (1). Information regarding the identity of a client with
9whom a massage therapist or bodyworker is suspected of having sexual contact or
10sexual intercourse shall not be disclosed by persons who have received or have access
11to a report or record unless disclosure is consented to in writing by the client. The
12report of information under sub. (1) and the disclosure of a report or record under this
13subsection does not violate any person's responsibility for maintaining the
14confidentiality of patient health care records, as defined in s. 146.81 (4) and as
15required under s. 146.82. Reports and records may be disclosed only to the
16department, the affiliated credentialing board and the appropriate staff of a district
17attorney or a law enforcement agency within this state for purposes of investigation
18or prosecution.
SB262-SSA1,12,20 19(5) (a) In this subsection, "violation" means a violation of any state or local law
20that is punishable by a forfeiture.
SB262-SSA1,13,421 (b) A massage therapist or bodyworker shall submit a written report to the
22affiliated credentialing board if he or she is convicted of a felony or misdemeanor, or
23is found to have committed a violation, in this state or elsewhere, and the
24circumstances of the felony, misdemeanor or violation substantially relate to the
25practice of massage therapy or bodywork. The report shall identify the date, place

1and nature of the conviction or finding and shall be submitted within 30 days after
2the entry of the judgment of conviction or the judgment finding that he or she
3committed the violation. If the report is submitted by mail, the report is considered
4to be submitted on the date that it is mailed.
SB262-SSA1,13,9 5448.962 Advertising. A massage therapist or bodyworker may not advertise
6that he or she practices massage therapy or bodywork unless the advertisement
7includes his or her certificate number and a statement that the massage therapist
8or bodyworker is a "certified massage therapist and bodyworker" or "certified
9massage therapist" or "certified bodyworker".
SB262-SSA1,13,16 10448.963 Local regulation. (1) A city, village, town or county may not enact
11an ordinance that regulates the practice of massage therapy or bodywork by a person
12who is certified by the affiliated credentialing board under this subchapter. No
13provision of any ordinance enacted by a city, village, town or county that is in effect
14before the effective date of this subsection .... [revisor inserts date], and that relates
15to the practice of massage therapy or bodywork, may be enforced against a person
16who is certified by the affiliated credentialing board under this subchapter.
SB262-SSA1,14,2 17(2) Notwithstanding sub. (1) or s. 59.69 (4), 60.61 (2), 60.62 (1), 61.35, 62.23 (7),
18a city, village, town or county may enact a zoning ordinance that restricts the location
19of an office in which massage therapy or bodywork is practiced by a person certified
20by the affiliated credentialing board under this subchapter only if the same
21restrictions also apply to the location of a physician's office. No provision of any
22zoning ordinance enacted by a city, village, town or county that is in effect before the
23effective date of this subsection .... [revisor inserts date], and that restricts the
24location of an office in which massage therapy or bodywork is practiced by a person

1certified by the affiliated credentialing board under this subchapter, may be enforced
2unless the same restrictions also apply to the location of a physician's office.
SB262-SSA1,14,6 3448.964 Disciplinary proceedings and actions. (1) Subject to the rules
4promulgated under s. 440.03 (1), the affiliated credentialing board may make
5investigations and conduct hearings to determine whether a violation of this
6subchapter or any rule promulgated under this subchapter has occurred.
SB262-SSA1,14,10 7(2) Subject to the rules promulgated under s. 440.03 (1), the affiliated
8credentialing board may reprimand a massage therapist or bodyworker or deny,
9limit, suspend or revoke a certificate under this subchapter if it finds that the
10applicant or certificate holder has done any of the following:
SB262-SSA1,14,1211 (a) Made a material misstatement in an application for a certificate or for
12renewal of a certificate.
SB262-SSA1,14,1513 (b) Subject to ss. 111.321, 111.322 and 111.335, been convicted of an offense the
14circumstances of which substantially relate to the practice of massage therapy or
15bodywork.
SB262-SSA1,14,1616 (c) Advertised in a manner that is false, deceptive or misleading.
SB262-SSA1,14,1717 (d) Advertised, practiced or attempted to practice under another's name.
SB262-SSA1,14,1918 (e) Subject to ss. 111.321, 111.322 and 111.34, practiced massage therapy or
19bodywork while his or her ability to practice was impaired by alcohol or other drugs.
SB262-SSA1,14,2120 (f) Intentionally made a false statement in a report submitted under s. 448.961
21(1).
SB262-SSA1,14,2322 (g) Engaged in unprofessional or unethical conduct in violation of the code of
23ethics established in rules promulgated under s. 448.953 (2) (a).
SB262-SSA1,15,224 (h) Engaged in conduct while practicing massage therapy or bodywork which
25jeopardizes the health, safety or welfare of a client or which evidences a lack of

1knowledge of, inability to apply or the negligent application of, principles or skills of
2massage therapy or bodywork.
SB262-SSA1,15,33 (i) Committed a crime related to prostitution under ss. 944.30 to 944.34.
SB262-SSA1,15,44 (j) Violated this subchapter or any rule promulgated under this subchapter.
SB262-SSA1,15,7 5(3) The affiliated credentialing board may restore a certificate that has been
6suspended or revoked on such terms and conditions as the affiliated credentialing
7board may consider appropriate.
SB262-SSA1,15,10 8448.965 Penalties. (1) Except as provided in sub. (2), any person who violates
9this subchapter or any rule promulgated under this subchapter shall forfeit not more
10than $1,000 for each violation.
SB262-SSA1,15,13 11(2) A person who violates s. 448.951 shall forfeit not more than $500 for each
12separate offense. Each day of continued violation of s. 448.951 constitutes a separate
13offense.
SB262-SSA1, s. 12 14Section 12. 895.48 (1m) (intro.) of the statutes is amended to read:
SB262-SSA1,15,2315 895.48 (1m) (intro.) Any physician licensed under ch. 448, chiropractor
16licensed under ch. 446, dentist licensed under ch. 447, emergency medical technician
17licensed under s. 146.50, physician assistant or massage therapist or bodyworker
18certified under ch. 448 or registered nurse licensed under ch. 441 who renders
19voluntary health care to a participant in an athletic event or contest sponsored by
20a nonprofit corporation, as defined in s. 46.93 (1m) (c), a private school, as defined
21in s. 115.001 (3r), a public agency, as defined in s. 46.93 (1m) (e), or a school, as defined
22in s. 609.655 (1) (c), is immune from civil liability for his or her acts or omissions in
23rendering that care if all of the following conditions exist:
SB262-SSA1, s. 13 24Section 13. 895.48 (1m) (b) of the statutes is amended to read:
SB262-SSA1,16,4
1895.48 (1m) (b) The physician, chiropractor, dentist, emergency medical
2technician, physician assistant, massage therapist, bodyworker or registered nurse
3does not receive compensation for the health care, other than reimbursement for
4expenses.
SB262-SSA1, s. 14 5Section 14. 908.03 (6m) (a) of the statutes is amended to read:
SB262-SSA1,16,96 908.03 (6m) (a) Definition. In this subsection, "health care provider" means
7a chiropractor licensed under ch. 446, a dentist licensed under ch. 447, a physician
8assistant or massage therapist or bodyworker certified under ch. 448 or a health care
9provider as defined in s. 655.001 (8).
SB262-SSA1, s. 15 10Section 15 . Nonstatutory provisions.
SB262-SSA1,16,1111 (1) Initial appointments.
SB262-SSA1,16,1512 (a) Notwithstanding section 15.406 (3) (a) of the statutes, as created by this act,
13the initial members of the massage therapists and bodyworkers affiliated
14credentialing board shall be appointed by the first day of the 3rd month beginning
15after the effective date of this paragraph for the following terms:
SB262-SSA1,16,17 161. Two massage therapist or bodyworker members and one public member, for
17terms expiring on July 1, 1999.
SB262-SSA1,16,19 182. One massage therapist or bodyworker member, for a term expiring on July
191, 2000.
SB262-SSA1,16,21 203. One massage therapist or bodyworker member and one public member, for
21terms expiring on July 1, 2001.
SB262-SSA1,16,23 224. One massage therapist or bodyworker member, for a term expiring on July
231, 2002.
SB262-SSA1,17,324 (b) Notwithstanding section 15.406 (3) (a) of the statutes, as created by this act,
25for the purpose of being appointed and serving as members of the massage therapists

1and bodyworkers affiliated credentialing board, the members need not be certified
2under subchapter V of chapter 448 of the statutes, as created by this act, until the
3first day of the 15th month beginning after the effective date of this paragraph.
SB262-SSA1,17,84 (2) Waiver of certain certification requirements. Notwithstanding section
5448.954 (1) of the statutes, as created by this act, the massage therapists and
6bodyworkers affiliated credentialing board shall grant a certificate as a massage
7therapist or bodyworker to a person who, not later than the last day of the 6th month
8beginning after the effective date of this subsection, does all of the following:
SB262-SSA1,17,119 (a) Submits an application to the affiliated credentialing board on a form
10approved by the affiliated credentialing board that describes the person's education
11and his or her experience in the practice of massage therapy and bodywork.
SB262-SSA1,17,1312 (b) Provides evidence satisfactory to the affiliated credentialing board that he
13or she satisfies each of the following:
SB262-SSA1,17,17 141. Has completed at least 100 classroom hours of instruction in the practice of
15massage therapy or bodywork, or has practiced massage therapy or bodywork for
16compensation for at least 2 years during the 5-year period immediately preceding
17the date of the application.
SB262-SSA1,17,20 182. Has in effect malpractice liability insurance coverage in an amount that is
19not less than $1,000,000 per occurrence and $1,000,000 for all occurrences in one
20year.
SB262-SSA1,17,2121 (c) Pays the fee specified in section 440.05 (1) of the statutes.
SB262-SSA1, s. 16 22Section 16. Initial applicability.
SB262-SSA1,17,2523 (1)  The treatment of section 146.81 (1) (eg) of the statutes first applies to the
24use of billing forms specified in section 632.725 (2) (a) of the statutes on the effective
25date of this subsection.
SB262-SSA1,18,3
1(2) The treatment of subchapter V of chapter 448 of the statutes first applies
2to crimes relating to prostitution that are committed on, and sexual contact or sexual
3intercourse that occurs on, the effective date of this subsection.
SB262-SSA1,18,54 (3) The treatment of section 895.48 (1m) (intro.) and (b) of the statutes first
5applies to care rendered on the effective date of this subsection.
SB262-SSA1, s. 17 6Section 17. Effective dates. This act takes effect on the first day of the 9th
7month beginning after publication, except as follows:
SB262-SSA1,18,98 (1) The treatment of section 15.406 (3) of the statutes and Section 15 (1 ) of this
9act take effect on the day after publication.
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