SB262-SSA1,2,1615 2. Affiliation and nonaffiliation with a professional association for the practice
16of massage therapy or bodywork.
SB262-SSA1,2,1817 3. Professional associations with which massage therapists or bodyworkers in
18this state are affiliated.
SB262-SSA1,2,1919 4. Practice in urban and rural areas in this state.
SB262-SSA1, s. 3 20Section 3. 50.39 (3) of the statutes is amended to read:
SB262-SSA1,3,521 50.39 (3) Facilities governed by ss. 45.365, 48.62, 49.70, 49.72, 50.02, 51.09,
2258.06, 252.073, 252.076 and 252.10, secured correctional facilities as defined in s.
23938.02 (15m), correctional institutions governed by the department of corrections
24under s. 301.02 and the offices and clinics of persons licensed to treat the sick under
25chs. 446, 447 and 448 are exempt from ss. 50.32 to 50.39. Sections 50.32 to 50.39 do

1not abridge the rights of the medical examining board, physical therapists affiliated
2credentialing board, massage therapists and bodyworkers affiliated credentialing
3board,
dentistry examining board, pharmacy examining board, chiropractic
4examining board and board of nursing in carrying out their statutory duties and
5responsibilities.
SB262-SSA1, s. 4 6Section 4. 103.10 (1) (e) of the statutes is amended to read:
SB262-SSA1,3,87 103.10 (1) (e) "Health care provider" means a person described under s. 146.81
8(1), but does not include a person described under s. 146.81 (1) (eg).
SB262-SSA1, s. 5 9Section 5. 146.81 (1) (eg) of the statutes is created to read:
SB262-SSA1,3,1110 146.81 (1) (eg) A massage therapist or bodyworker certified under subch. V of
11ch. 448.
SB262-SSA1, s. 6 12Section 6. 180.1901 (1m) (bt) of the statutes is created to read:
SB262-SSA1,3,1413 180.1901 (1m) (bt) Massage therapists and bodyworkers affiliated
14credentialing board under subch. V of ch. 448.
SB262-SSA1, s. 7 15Section 7. 252.10 (7) of the statutes, as affected by 1997 Wisconsin Act 27, is
16amended to read:
SB262-SSA1,4,217 252.10 (7) Drugs necessary for the treatment of mycobacterium tuberculosis
18shall be purchased by the department from the appropriation under s. 20.435 (5) (e)
19and dispensed to patients through the public health dispensaries or through health
20care providers, as defined in s. 146.81 (1), other than social workers, marriage and
21family therapists or professional counselors certified under ch. 457,
22speech-language pathologists or audiologists licensed under subch. II of ch. 459,
23speech and language pathologists licensed by the department of public instruction,
24massage therapists or bodyworkers certified under subch. V of ch. 448
or, on or after

1July 1, 1995, and no later than June 30, 1999, dietitians certified under subch. IV of
2ch. 448.
SB262-SSA1, s. 8 3Section 8. 252.15 (1) (ar) 1. of the statutes is amended to read:
SB262-SSA1,4,54 252.15 (1) (ar) 1. A person or entity that is specified in s. 146.81 (1), but not a
5massage therapist or bodyworker certified under subch. V of ch. 448
.
SB262-SSA1, s. 9 6Section 9. 440.08 (2) (a) 46r. of the statutes is created to read:
SB262-SSA1,4,87 440.08 (2) (a) 46r. Massage therapist or bodyworker: July 1 of each
8even-numbered year; $41.
SB262-SSA1, s. 10 9Section 10. 448.10 (4) of the statutes is amended to read:
SB262-SSA1,4,2310 448.10 (4) Massage and hydrotherapy. Any Notwithstanding s. 448.951, any
11person who, on July 11, 1953, was practicing massage and hydrotherapy in this state
12under a certificate of registration issued pursuant to s. 147.185, 1951 stats., as it
13existed prior to July 11, 1953, or who had applied for a certificate of registration in
14massage and hydrotherapy before said date, shall have the right to continue to so
15practice under such certificate, and the term "massage and hydrotherapy" shall be
16deemed to include the use of galvanic generator, diathermy, infrared ray and
17ultraviolet light for massage purposes. Nothing contained in this subsection shall
18limit the existing authority of the board to revoke such certificate for cause, and in
19addition, the board may require the holder of such certificate to demonstrate by
20examination fitness to use the instrumentalities enumerated in this subsection. A
21lack of such fitness shall constitute cause for revocation of such certificate. No such
22certificate holder shall treat a specific disease except on the advice of a licensed
23physician.
SB262-SSA1, s. 11 24Section 11. Subchapter V of chapter 448 [precedes 448.95] of the statutes is
25created to read:
SB262-SSA1,5,1
1Chapter 448
SB262-SSA1,5,52 Subchapter V
3 Massage therapists and
4 bodyworkers affiliated
5 credentialing board
SB262-SSA1,5,6 6448.95 Definitions. In this subchapter:
SB262-SSA1,5,9 7(1) "Adjunctive therapy" includes the use of a device that simulates or enhances
8a manual action; the application of heat, cold, water, a mild abrasive or a topical
9preparation; and heliotherapy.
SB262-SSA1,5,11 10(2) "Affiliated credentialing board" means the massage therapists and
11bodyworkers affiliated credentialing board.
SB262-SSA1,5,14 12(3) "Manual action" includes holding, positioning, rocking, kneading,
13compressing, decompressing, gliding or percussing the soft tissue of the human body
14and applying friction to soft tissue.
SB262-SSA1,5,16 15(4) "Massage therapist or bodyworker" means a person who is certified as a
16massage therapist or bodyworker under this subchapter.
SB262-SSA1,5,17 17(5) "Massage therapy or bodywork":
SB262-SSA1,5,2318 (a) Means the science and healing art that uses manual actions to palpate and
19manipulate the soft tissue of the human body, and adjunctive therapies, to improve
20circulation, reduce tension, relieve soft tissue pain, or increase flexibility, and
21includes determining whether massage therapy or bodywork is appropriate or
22contraindicated, or whether a referral to another health care practitioner is
23appropriate.
SB262-SSA1,5,2424 (b) Does not include making a medical diagnosis.
SB262-SSA1,5,25 25(6) "Physician's office" has the meaning given in s. 101.123 (1) (dg).
SB262-SSA1,6,1
1(7) "Sexual contact" has the meaning given in s. 939.22 (34).
SB262-SSA1,6,2 2(8) "Sexual intercourse" has the meaning given in s. 948.01 (7) (a).
SB262-SSA1,6,9 3448.951 Use of titles. Except as provided in s. 448.952, no person may
4designate himself or herself as a massage therapist or bodyworker, use or assume the
5title "massage therapist and bodyworker" or "massage therapist" or "bodyworker",
6or append to the person's name the letters "M.T.", "C.M.T.", "B.W." or "C.B.W.", or use
7any other title or designation which represents or may tend to represent the person
8as a massage therapist or bodyworker, unless the person is certified under this
9subchapter.
SB262-SSA1,6,11 10448.952 Applicability. A certificate under this subchapter is not required for
11any of the following:
SB262-SSA1,6,15 12(1) A person holding a license, permit, registration or certification granted by
13this state or the federal government who engages in a practice of massage therapy
14or bodywork within the scope of his or her license, permit, registration or certification
15and who does not imply that he or she is a massage therapist or bodyworker.
SB262-SSA1,6,18 16(2) A massage therapy or bodywork student practicing massage therapy or
17bodywork, without compensation, within the scope of the student's education or
18training.
SB262-SSA1,6,22 19(3) A massage therapist or bodyworker who is licensed, permitted, registered
20or certified to practice massage therapy or bodywork in another state or country and
21is providing a consultation to or demonstration with a massage therapist or
22bodyworker who is certified under this subchapter.
SB262-SSA1,6,24 23(4) A person who restricts his or her manipulation of soft tissue to the hands
24or feet and who does not imply that he or she is a massage therapist or bodyworker.
SB262-SSA1,7,3
1(5) A person who uses touch or spoken words to increase awareness of existing
2or potential patterns of movement in the human body and who does not imply that
3he or she is a massage therapist or bodyworker.
SB262-SSA1,7,6 4448.953 Duties of affiliated credentialing board. (1) The affiliated
5credentialing board shall assign a unique certificate number to each person who is
6certified under this subchapter.
SB262-SSA1,7,8 7(2) The affiliated credentialing board shall promulgate rules that establish all
8of the following:
SB262-SSA1,7,119 (a) A code of ethics that governs the professional conduct of massage therapists
10or bodyworkers. The code of ethics shall prohibit a massage therapist or bodyworker
11from having sexual contact or sexual intercourse with a client.
SB262-SSA1,7,1712 (b) Criteria for approving a school of massage therapy or bodywork from which
13graduation is required under s. 448.954 (1) (e) 1. Rules promulgated under this
14paragraph shall define the curricula and qualifications of instructors that are
15required for approval of a school. The rules shall prohibit the approval of a school
16unless the on-premises practice of massage therapy or bodywork by a massage
17therapy or bodywork student is under the direct supervision of an instructor.
SB262-SSA1,7,2118 (c) Criteria for approving the courses of instruction required under s. 448.954
19(1) (e) 2. and 3. Rules promulgated under this paragraph shall require the course of
20instruction required under s. 448.954 (1) (e) 3. to consist of at least 500 classroom
21hours.
SB262-SSA1,7,2322 (d) Requirements and procedures for obtaining the informed consent of a client
23under s. 448.96 (1) and for making a report required under s. 448.961 (1).
SB262-SSA1,7,2424 (e) A definition of "sexually oriented business" for purposes of s. 448.96 (3).
SB262-SSA1,8,3
1448.954 Certification of massage therapists or bodyworkers. (1) The
2affiliated credentialing board shall grant a certificate as a massage therapist or
3bodyworker to a person who satisfies all of the following:
SB262-SSA1,8,44 (a) Is 18 years of age or older.
SB262-SSA1,8,75 (b) Has graduated from high school or attained high school graduation
6equivalency as determined by the department of public instruction under s. 115.29
7(4).
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.
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