LRBs0594/1
MDK:kmg&jlg:ijs
1997 - 1998 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 2,
TO 1997 SENATE BILL 262
March 12, 1998 - Offered by Joint committee on Finance.
SB262-SSA2,1,7 1An Act to renumber 180.1901 (1m) (a); to amend 50.01 (2), 103.10 (1) (e), 146.40
2(1) (d), 146.81 (1) (i) and (j), 252.10 (7), 252.15 (1) (ar) 1., 440.042 (1), 895.48 (1m)
3(intro.), 895.48 (1m) (b) and 908.03 (6m) (a); and to create 146.81 (1) (hp),
4180.1901 (1m) (ag), 440.08 (2) (a) 67q. and subchapter X of chapter 440
5[precedes 440.97] of the statutes; relating to: registration of massage
6therapists and bodyworkers, granting rule-making authority and providing a
7penalty.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB262-SSA2, s. 1 8Section 1. 50.01 (2) of the statutes is amended to read:
SB262-SSA2,2,49 50.01 (2) "Nurse's assistant" means a person who performs routine patient care
10duties delegated by a registered nurse or licensed practical nurse who supervises the
11person, for the direct health care of a patient or resident. "Nurse's assistant" does

1not mean a person who is licensed, permitted, certified or registered under subch. X
2of ch. 440 or
ch. 441, 448, 449, 450, 451, 455 or 459 or a person whose duties primarily
3involve skills that are different than those taught in instructional programs for
4nurse's assistants.
SB262-SSA2, s. 2 5Section 2. 103.10 (1) (e) of the statutes is amended to read:
SB262-SSA2,2,76 103.10 (1) (e) "Health care provider" means a person described under s. 146.81
7(1), but does not include a person described under s. 146.81 (1) (hp).
SB262-SSA2, s. 3 8Section 3. 146.40 (1) (d) of the statutes is amended to read:
SB262-SSA2,2,179 146.40 (1) (d) "Nurse's assistant" means an individual who performs routine
10patient care duties delegated by a registered nurse or licensed practical nurse who
11supervises the individual, for the direct health care of a patient or resident. "Nurse's
12assistant" does not mean an individual who is licensed, permitted, certified or
13registered under subch. X of ch. 440 or ch. 441, 448, 449, 450, 451, 455 or 459 or an
14individual whose duties primarily involve skills that are different than those taught
15in instructional and competency evaluation programs for nurse's assistants certified
16under sub. (3) or evaluated by competency evaluation programs for nurse's
17assistants approved under sub. (3m).
SB262-SSA2, s. 4 18Section 4. 146.81 (1) (hp) of the statutes is created to read:
SB262-SSA2,2,2019 146.81 (1) (hp) A massage therapist or bodyworker issued a license of
20registration under subch. X of ch. 440.
SB262-SSA2, s. 5 21Section 5. 146.81 (1) (i) and (j) of the statutes are amended to read:
SB262-SSA2,2,2322 146.81 (1) (i) A partnership of any providers specified under pars. (a) to (hm)
23(hp).
SB262-SSA2,2,2524 (j) A corporation or limited liability company of any providers specified under
25pars. (a) to (hm) (hp) that provides health care services.
SB262-SSA2, s. 6
1Section 6. 180.1901 (1m) (a) of the statutes is renumbered 180.1901 (1m) (ar).
SB262-SSA2, s. 7 2Section 7. 180.1901 (1m) (ag) of the statutes is created to read:
SB262-SSA2,3,43 180.1901 (1m) (ag) The department of regulation and licensing under subch.
4X of ch. 440.
SB262-SSA2, s. 8 5Section 8. 252.10 (7) of the statutes, as affected by 1997 Wisconsin Act 27, is
6amended to read:
SB262-SSA2,3,167 252.10 (7) Drugs necessary for the treatment of mycobacterium tuberculosis
8shall be purchased by the department from the appropriation under s. 20.435 (5) (e)
9and dispensed to patients through the public health dispensaries or through health
10care providers, as defined in s. 146.81 (1), other than massage therapists or
11bodyworkers issued a license of registration under subch. X of ch. 440,
social workers,
12marriage and family therapists or professional counselors certified under ch. 457,
13speech-language pathologists or audiologists licensed under subch. II of ch. 459,
14speech and language pathologists licensed by the department of public instruction
15or, on or after July 1, 1995, and no later than June 30, 1999, dietitians certified under
16subch. IV of ch. 448.
SB262-SSA2, s. 9 17Section 9. 252.15 (1) (ar) 1. of the statutes is amended to read:
SB262-SSA2,3,2018 252.15 (1) (ar) 1. A person or entity that is specified in s. 146.81 (1), but does
19not include a massage therapist or bodyworker issued a license of registration under
20subch. X of ch. 440
.
SB262-SSA2, s. 10 21Section 10. 440.042 (1) of the statutes is amended to read:
SB262-SSA2,4,522 440.042 (1) The secretary may appoint persons or advisory committees to
23advise the department and the boards, examining boards and affiliated
24credentialing boards in the department on matters relating to the regulation of
25credential holders. The secretary shall appoint an advisory committee to advise the

1department on matters relating to carrying out the duties specified in s. 440.972 and
2making investigations, conducting hearings and taking disciplinary action under s.
3440.976.
A person or an advisory committee member appointed under this
4subsection shall serve without compensation, but may be reimbursed for his or her
5actual and necessary expenses incurred in the performance of his or her duties.
SB262-SSA2, s. 11 6Section 11. 440.08 (2) (a) 67q. of the statutes is created to read:
SB262-SSA2,4,87 440.08 (2) (a) 67q. Registered massage therapist or bodyworker: March 1 of
8each odd-numbered year; $41.
SB262-SSA2, s. 12 9Section 12. Subchapter X of chapter 440 [precedes 440.97] of the statutes is
10created to read:
SB262-SSA2,4,1111 Chapter 440
SB262-SSA2,4,1412 Subchapter X
13 Registry of massage therapists
14 and bodyworkers
SB262-SSA2,4,15 15440.97 Definitions. In this subchapter:
SB262-SSA2,4,18 16(2) "Manual action" includes holding, positioning, rocking, kneading,
17compressing, decompressing, gliding or percussing the soft tissue of the human body
18and applying friction to soft tissue.
SB262-SSA2,4,20 19(3) "Massage therapist or bodyworker" means a person who engages in
20massage therapy or bodywork.
SB262-SSA2,4,21 21(4) "Massage therapy or bodywork":
SB262-SSA2,4,2522 (a) Means the science and healing art that uses manual actions to palpate and
23manipulate the soft tissue of the human body and includes determining whether
24massage therapy or bodywork is appropriate or contraindicated, or whether a
25referral to another health care practitioner is appropriate.
SB262-SSA2,5,1
1(b) Does not include any of the following:
SB262-SSA2,5,22 1. Making a medical diagnosis.
SB262-SSA2,5,43 2. Instructing in or prescribing rehabilitative strengthening or conditioning
4exercises that are within the practice of physical therapy, as defined in s. 448.50 (4).
SB262-SSA2,5,6 5(5) "Registrant" means a person who is issued a license of registration under
6this subchapter.
SB262-SSA2,5,12 7440.9705 Applicability. This subchapter does not apply to a person holding
8a license, permit, registration or certification granted by this state or the federal
9government who engages in the practice of massage therapy or bodywork within the
10scope of his or her license, permit, registration or certification and who does not use
11any title or description that implies that he or she is registered under this subchapter
12or represent himself or herself to be registered under this subchapter.
SB262-SSA2,5,20 13440.971 Use of title. (1) No person may use the title "Wisconsin registered
14massage therapist and bodyworker", "Wisconsin registered massage therapist",
15"Wisconsin registered bodyworker", "registered massage therapist and bodyworker",
16"registered massage therapist", "registered bodyworker", "massage therapist and
17bodyworker", "massage therapist" or "bodyworker", use any title or description that
18implies that he or she is registered under this subchapter or represent himself or
19herself to be registered under this subchapter unless the person has been issued a
20license of registration as a massage therapist or bodyworker under this subchapter.
SB262-SSA2,5,22 21(2) This subchapter does not prohibit a person who is not a registrant from
22engaging in the practice of massage therapy or bodywork.
SB262-SSA2,5,24 23440.972 Duties of department. (1) The department shall do all of the
24following:
SB262-SSA2,6,3
1(a) Promulgate rules establishing requirements and standards for the practice
2of massage therapy or bodywork by a registrant, including a code of ethics that
3governs a registrant's practice of massage therapy or bodywork.
SB262-SSA2,6,104 (b) Promulgate rules establishing the education, training or competency
5requirements that an applicant for a license must satisfy in order to be issued a
6license of registration under this subchapter. The rules shall require an applicant
7to complete at least 500 classroom hours of study in a course of instruction at a school
8of massage therapy or bodywork approved under s. 39.51 and the rules may require
9an applicant to pass an examination, administered or approved by the department,
10to determine fitness to practice massage therapy or bodywork.
SB262-SSA2,6,1511 (c) Establish and update on at least a bimonthly basis a registry of persons who
12are issued a license of registration under this subchapter. The department shall
13make the registry available for public inspection and copying and in any other
14manner that, as determined by the department, facilitates public access to the
15registry.
SB262-SSA2,6,18 16(2) The department may promulgate rules that establish continuing education
17requirements that a person must satisfy to be eligible to renew a license of
18registration that is issued under this subchapter.
SB262-SSA2,6,21 19440.973 Registration requirements. The department shall issue a license
20of registration as a massage therapist or bodyworker to a person who does all of the
21following:
SB262-SSA2,6,23 22(1) Submits an application for the license to the department on a form provided
23by the department.
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