Amendment SSA1-SB262

SB262-SSA1,6,1 (7) "Sexual contact" has the meaning given in s. 939.22 (34).

SB262-SSA1,6,2 (8) "Sexual intercourse" has the meaning given in s. 948.01 (7) (a).

SB262-SSA1,6,9 448.951 Use of titles. Except as provided in s. 448.952, no person may designate himself or herself as a massage therapist or bodyworker, use or assume the title "massage therapist and bodyworker" or "massage therapist" or "bodyworker", or append to the person's name the letters "M.T.", "C.M.T.", "B.W." or "C.B.W.", or use any other title or designation which represents or may tend to represent the person as a massage therapist or bodyworker, unless the person is certified under this subchapter.

SB262-SSA1,6,11 448.952 Applicability. A certificate under this subchapter is not required for any of the following:

SB262-SSA1,6,15 (1) A person holding a license, permit, registration or certification granted by this state or the federal government who engages in a practice of massage therapy or bodywork within the scope of his or her license, permit, registration or certification and who does not imply that he or she is a massage therapist or bodyworker.

SB262-SSA1,6,18 (2) A massage therapy or bodywork student practicing massage therapy or bodywork, without compensation, within the scope of the student's education or training.

SB262-SSA1,6,22 (3) A massage therapist or bodyworker who is licensed, permitted, registered or certified to practice massage therapy or bodywork in another state or country and is providing a consultation to or demonstration with a massage therapist or bodyworker who is certified under this subchapter.

SB262-SSA1,6,24 (4) A person who restricts his or her manipulation of soft tissue to the hands or feet and who does not imply that he or she is a massage therapist or bodyworker.

SB262-SSA1,7,3 (5) A person who uses touch or spoken words to increase awareness of existing or potential patterns of movement in the human body and who does not imply that he or she is a massage therapist or bodyworker.

SB262-SSA1,7,6 448.953 Duties of affiliated credentialing board. (1) The affiliated credentialing board shall assign a unique certificate number to each person who is certified under this subchapter.

SB262-SSA1,7,8 (2) The affiliated credentialing board shall promulgate rules that establish all of the following:

SB262-SSA1,7,11 (a) A code of ethics that governs the professional conduct of massage therapists or bodyworkers. The code of ethics shall prohibit a massage therapist or bodyworker from having sexual contact or sexual intercourse with a client.

SB262-SSA1,7,17 (b) Criteria for approving a school of massage therapy or bodywork from which graduation is required under s. 448.954 (1) (e) 1. Rules promulgated under this paragraph shall define the curricula and qualifications of instructors that are required for approval of a school. The rules shall prohibit the approval of a school unless the on-premises practice of massage therapy or bodywork by a massage therapy or bodywork student is under the direct supervision of an instructor.

SB262-SSA1,7,21 (c) Criteria for approving the courses of instruction required under s. 448.954 (1) (e) 2. and 3. Rules promulgated under this paragraph shall require the course of instruction required under s. 448.954 (1) (e) 3. to consist of at least 500 classroom hours.

SB262-SSA1,7,23 (d) Requirements and procedures for obtaining the informed consent of a client under s. 448.96 (1) and for making a report required under s. 448.961 (1).

SB262-SSA1,7,24 (e) A definition of "sexually oriented business" for purposes of s. 448.96 (3).

SB262-SSA1,8,3 448.954 Certification of massage therapists or bodyworkers. (1) The affiliated credentialing board shall grant a certificate as a massage therapist or bodyworker to a person who satisfies all of the following:

SB262-SSA1,8,4 (a) Is 18 years of age or older.

SB262-SSA1,8,7 (b) Has graduated from high school or attained high school graduation equivalency as determined by the department of public instruction under s. 115.29 (4).

SB262-SSA1,8,9 (c) Submits an application for the certificate to the department on a form provided by the department.

SB262-SSA1,8,10 (d) Pays the fee specified in s. 440.05 (1).

SB262-SSA1,8,12 (e) Except as provided in sub. (2), submits evidence satisfactory to the affiliated credentialing board that he or she has done all of the following:

SB262-SSA1,8,14 1. Graduated from a school of massage therapy or bodywork approved under s. 39.51 and under rules promulgated under s. 448.953 (2) (b).

SB262-SSA1,8,17 2. Completed at least 6 classroom hours in the laws of this state and rules of the affiliated credentialing board relating to the practice of massage therapy or bodywork in a course of instruction approved by the affiliated credentialing board.

SB262-SSA1,8,21 3. Completed a minimum number of classroom hours, established by the affiliated credentialing board by rule, in a course of instruction in the principles and techniques of massage therapy or bodywork that is approved by the affiliated credentialing board.

SB262-SSA1,8,22 (f) Passes an examination under s. 448.955.

SB262-SSA1,8,25 (g) Submits evidence satisfactory to the affiliated credentialing board that he or she has in effect malpractice liability insurance coverage in an amount that is not less than $1,000,000 per occurence and $1,000,000 for all occurrences in one year.

SB262-SSA1,9,4 (2) The affiliated credentialing board may waive a requirement specified in sub. (1) (e) if a person establishes, to the satisfaction of the affiliated credentialing board, that he or she has education, training or other experience that is substantially equivalent to the requirement.

SB262-SSA1,9,8 448.955 Examination. (1) The affiliated credentialing board shall conduct or arrange for examinations for massage therapist or bodyworker certification at least semiannually and at times and places determined by the affiliated credentialing board.

SB262-SSA1,9,11 (2) Examinations shall consist of written or oral tests, or both, requiring applicants to demonstrate minimum competency in subjects substantially related to the practice of massage therapy or bodywork.

SB262-SSA1,9,16 448.956 Issuance of certificate; expiration and renewal. (1) The department shall issue a certificate of certification to each person who is certified under this subchapter. The person shall conspicuously display the certificate in the place of business where he or she practices massage therapy or bodywork so that the certificate can be easily seen and read.

SB262-SSA1,9,22 (2) The renewal dates for certificates granted under this subchapter, other than temporary certificates granted under s. 448.957, are specified under s. 440.08 (2) (a). Renewal applications shall be submitted to the department on a form provided by the department and shall include the renewal fee specified in s. 440.08 (2) (a), proof of completion of continuing education under s. 448.959 and the evidence specified in s. 448.954 (1) (g).

SB262-SSA1,9,25 448.957 Temporary certificate. Upon application and payment of the fee specified in s. 440.05 (6), the affiliated credentialing board may grant a temporary certificate as a massage therapist or bodyworker to a person who satisfies the requirements under s. 448.954 (1) (a) to (e) and (g), has submitted an application to take the next available examination under s. 448.955 and has not previously failed the examination. A temporary certificate granted under this section shall expire on the date on which the person receives the results of the examination and may not be renewed.

SB262-SSA1,10,12 448.958 Reciprocal certificate. Upon application and payment of the fee specified in s. 440.05 (2), the affiliated credentialing board shall grant a certificate as a massage therapist or bodyworker to a person who holds a similar certificate in another state or territory of the United States if the affiliated credentialing board determines that the requirements for receiving the certificate in the other state or territory are substantially equivalent to the requirements under s. 448.954 and the person submits the evidence specified in s. 448.954 (1) (g).

SB262-SSA1,10,22 448.959 Continuing education. The affiliated credentialing board shall promulgate rules establishing requirements and procedures for a massage therapist or bodyworker to complete continuing education programs or courses of study in order to qualify for renewal of his or her certificate. Rules promulgated under this section shall require a massage therapist or bodyworker to complete at least 24 hours of continuing education programs or courses of study in order to qualify for renewal. The affiliated credentialing board may waive all or part of any requirement established in rules promulgated under this section if it determines that prolonged illness, disability or other exceptional circumstances have prevented a massage therapist or bodyworker from completing the requirement.

SB262-SSA1,11,2 448.96 Practice requirements. (1) A massage therapist or bodyworker may not practice massage therapy or bodywork on a client unless the massage therapist or bodyworker first obtains the informed consent of the client and has informed the client that he or she may withdraw the consent at any time.

SB262-SSA1,11,9 (2) A massage therapist or bodyworker shall keep confidential any information that a client in confidence gives to the massage therapist or bodyworker and any other information that the massage therapist or bodyworker 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.

SB262-SSA1,11,12 (3) A massage therapist or bodyworker may not, whether for compensation or otherwise, practice massage therapy or bodywork for a sexually oriented business, as defined by the affiliated credentialing board by rule.

SB262-SSA1,11,19 448.961 Duty to make reports. (1) A massage therapist or bodyworker shall submit a report to the affiliated credentialing board if he or she has reasonable cause to believe that another massage therapist or bodyworker has committed a crime relating to prostitution under ss. 944.30 to 944.34 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.

SB262-SSA1,11,25 (2) The affiliated credentialing board may use a report made under sub. (1) as the basis for an investigation under s. 448.964 (1). If after an investigation the affiliated credentialing board has reasonable cause to believe that a massage therapist or bodyworker has committed a crime, the affiliated credentialing board shall report the belief to the district attorney for the county in which the crime, in the opinion of the affiliated credentialing board, occurred.

SB262-SSA1,12,4 (3) If after an investigation the affiliated credentialing board determines that a report submitted under sub. (1) is without merit, the affiliated credentialing board shall remove the report from the record of the massage therapist or bodyworker who is the subject of the report.

SB262-SSA1,12,18 (4) All reports and records made from reports under sub. (1) and maintained by the department, the affiliated credentialing board, district attorneys and other persons, officials and institutions shall be confidential and are exempt from disclosure under s. 19.35 (1). Information regarding the identity of a client with whom a massage therapist or bodyworker is suspected of having sexual contact or sexual intercourse shall not be disclosed by persons who have received or have access to a report or record unless disclosure is consented to in writing by the client. The report of information under sub. (1) and the disclosure of a report or record under this subsection does not violate any person's responsibility for maintaining the confidentiality of patient health care records, as defined in s. 146.81 (4) and as required under s. 146.82. Reports and records may be disclosed only to the department, the affiliated credentialing board and the appropriate staff of a district attorney or a law enforcement agency within this state for purposes of investigation or prosecution.

SB262-SSA1,12,20 (5) (a) In this subsection, "violation" means a violation of any state or local law that is punishable by a forfeiture.

SB262-SSA1,13,4 (b) A massage therapist or bodyworker shall submit a written report to the affiliated credentialing board if he or she is convicted of a felony or misdemeanor, or is found to have committed a violation, in this state or elsewhere, and the circumstances of the felony, misdemeanor or violation substantially relate to the practice of massage therapy or bodywork. The report shall identify the date, place and nature of the conviction or finding and shall be submitted within 30 days after the entry of the judgment of conviction or the judgment finding that he or she committed the violation. If the report is submitted by mail, the report is considered to be submitted on the date that it is mailed.

SB262-SSA1,13,9 448.962 Advertising. A massage therapist or bodyworker may not advertise that he or she practices massage therapy or bodywork unless the advertisement includes his or her certificate number and a statement that the massage therapist or bodyworker is a "certified massage therapist and bodyworker" or "certified massage therapist" or "certified bodyworker".

SB262-SSA1,13,16 448.963 Local regulation. (1) 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 certified by the affiliated credentialing board 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 subsection .... [revisor inserts date], and that relates to the practice of massage therapy or bodywork, may be enforced against a person who is certified by the affiliated credentialing board under this subchapter.

SB262-SSA1,14,2 (2) Notwithstanding sub. (1) or s. 59.69 (4), 60.61 (2), 60.62 (1), 61.35, 62.23 (7), a city, village, town or county may enact a zoning ordinance that restricts the location of an office in which massage therapy or bodywork is practiced by a person certified by the affiliated credentialing board under this subchapter only if the same restrictions also apply to the location of a physician's office. No provision of any zoning ordinance enacted by a city, village, town or county that is in effect before the effective date of this subsection .... [revisor inserts date], and that restricts the location of an office in which massage therapy or bodywork is practiced by a person certified by the affiliated credentialing board under this subchapter, may be enforced unless the same restrictions also apply to the location of a physician's office.

SB262-SSA1,14,6 448.964 Disciplinary proceedings and actions. (1) Subject to the rules promulgated under s. 440.03 (1), the affiliated credentialing board may make investigations and conduct hearings to determine whether a violation of this subchapter or any rule promulgated under this subchapter has occurred.

SB262-SSA1,14,10 (2) Subject to the rules promulgated under s. 440.03 (1), the affiliated credentialing board may reprimand a massage therapist or bodyworker or deny, limit, suspend or revoke a certificate under this subchapter if it finds that the applicant or certificate holder has done any of the following:

SB262-SSA1,14,12 (a) Made a material misstatement in an application for a certificate or for renewal of a certificate.

SB262-SSA1,14,15 (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.

SB262-SSA1,14,16 (c) Advertised in a manner that is false, deceptive or misleading.

SB262-SSA1,14,17 (d) Advertised, practiced or attempted to practice under another's name.

SB262-SSA1,14,19 (e) Subject to ss. 111.321, 111.322 and 111.34, practiced massage therapy or bodywork while his or her ability to practice was impaired by alcohol or other drugs.

SB262-SSA1,14,21 (f) Intentionally made a false statement in a report submitted under s. 448.961 (1).

SB262-SSA1,14,23 (g) Engaged in unprofessional or unethical conduct in violation of the code of ethics established in rules promulgated under s. 448.953 (2) (a).

SB262-SSA1,15,2 (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 of, inability to apply or the negligent application of, principles or skills of massage therapy or bodywork.

SB262-SSA1,15,3 (i) Committed a crime related to prostitution under ss. 944.30 to 944.34.

SB262-SSA1,15,4 (j) Violated this subchapter or any rule promulgated under this subchapter.

SB262-SSA1,15,7 (3) The affiliated credentialing board may restore a certificate that has been suspended or revoked on such terms and conditions as the affiliated credentialing board may consider appropriate.

SB262-SSA1,15,10 448.965 Penalties. (1) Except as provided in sub. (2), any person who violates this subchapter or any rule promulgated under this subchapter shall forfeit not more than $1,000 for each violation.

SB262-SSA1,15,13 (2) A person who violates s. 448.951 shall forfeit not more than $500 for each separate offense. Each day of continued violation of s. 448.951 constitutes a separate offense.

SB262-SSA1, s. 12 Section 12. 895.48 (1m) (intro.) of the statutes is amended to read:

SB262-SSA1,15,23 895.48 (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 or massage therapist or bodyworker certified under ch. 448 or registered nurse licensed under ch. 441 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:

SB262-SSA1, s. 13 Section 13. 895.48 (1m) (b) of the statutes is amended to read:

SB262-SSA1,16,4 895.48 (1m) (b) The physician, chiropractor, dentist, emergency medical technician, physician assistant, massage therapist, bodyworker or registered nurse does not receive compensation for the health care, other than reimbursement for expenses.

SB262-SSA1, s. 14 Section 14. 908.03 (6m) (a) of the statutes is amended to read:

SB262-SSA1,16,9 908.03 (6m) (a) Definition. In this subsection, "health care provider" means a chiropractor licensed under ch. 446, a dentist licensed under ch. 447, a physician assistant or massage therapist or bodyworker certified under ch. 448 or a health care provider as defined in s. 655.001 (8).

SB262-SSA1, s. 15 Section 15 . Nonstatutory provisions.

SB262-SSA1,16,11 (1) Initial appointments.

SB262-SSA1,16,15 (a) Notwithstanding section 15.406 (3) (a) of the statutes, as created by this act, the initial members of the massage therapists and bodyworkers affiliated credentialing board shall be appointed by the first day of the 3rd month beginning after the effective date of this paragraph for the following terms:

SB262-SSA1,16,17 1. Two massage therapist or bodyworker members and one public member, for terms expiring on July 1, 1999.

SB262-SSA1,16,19 2. One massage therapist or bodyworker member, for a term expiring on July 1, 2000.

SB262-SSA1,16,21 3. One massage therapist or bodyworker member and one public member, for terms expiring on July 1, 2001.

SB262-SSA1,16,23 4. One massage therapist or bodyworker member, for a term expiring on July 1, 2002.

SB262-SSA1,17,3 (b) Notwithstanding section 15.406 (3) (a) of the statutes, as created by this act, for the purpose of being appointed and serving as members of the massage therapists and bodyworkers affiliated credentialing board, the members need not be certified under subchapter V of chapter 448 of the statutes, as created by this act, until the first day of the 15th month beginning after the effective date of this paragraph.

SB262-SSA1,17,8 (2) Waiver of certain certification requirements. Notwithstanding section 448.954 (1) of the statutes, as created by this act, the massage therapists and bodyworkers affiliated credentialing board shall grant a certificate as a massage therapist or bodyworker to a person who, not later than the last day of the 6th month beginning after the effective date of this subsection, does all of the following:

SB262-SSA1,17,11 (a) Submits an application to the affiliated credentialing board on a form approved by the affiliated credentialing board that describes the person's education and his or her experience in the practice of massage therapy and bodywork.

SB262-SSA1,17,13 (b) Provides evidence satisfactory to the affiliated credentialing board that he or she satisfies each of the following:

SB262-SSA1,17,17 1. 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.

SB262-SSA1,17,20 2. 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.

SB262-SSA1,17,21 (c) Pays the fee specified in section 440.05 (1) of the statutes.

SB262-SSA1, s. 16 Section 16. Initial applicability.

SB262-SSA1,17,25 (1)  The treatment of section 146.81 (1) (eg) 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.

SB262-SSA1,18,3 (2) The treatment of subchapter V of chapter 448 of the statutes first applies to crimes relating to prostitution that are committed on, and sexual contact or sexual intercourse that occurs on, the effective date of this subsection.

SB262-SSA1,18,5 (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.

SB262-SSA1, s. 17 Section 17. Effective dates. This act takes effect on the first day of the 9th month beginning after publication, except as follows:

SB262-SSA1,18,9 (1) The treatment of section 15.406 (3) of the statutes and Section 15 (1 ) of this act take effect on the day after publication.

SB262-SSA1,18,10 (End)