February 26, 2002 - Offered by Representatives Kaufert and Underheim.
AB749-ASA1,1,10
1An Act to repeal 440.08 (2) (a) 67q., subchapter XI (title) of chapter 440
2[precedes 440.98], 440.98 to 440.981, 440.982 (title) and (1) (intro.) and (a),
3440.982 (1) (c) and (2) and 440.983 to 440.988;
to renumber and amend
4440.982 (1) (b) and 440.989;
to amend 50.01 (2), 55.043 (4) (e), 103.10 (1) (e),
5146.40 (1) (d), 146.81 (1) (hp), 146.997 (1) (d) 13., 180.1901 (1m) (ag), 252.15 (1)
6(ar) 1., 895.48 (1m) (intro.) and 908.03 (6m) (a); and
to create 15.407 (7), 20.485
7(5) (h), 440.08 (2) (a) 46r. and chapter 460 of the statutes;
relating to: the
8regulation of massage therapists and bodyworkers, creating a massage therapy
9and bodywork council, granting rule-making authority, making an
10appropriation, and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB749-ASA1,2,6
115.407
(7) Massage therapy and bodywork council. (a) There is created a
2massage therapy and bodywork council in the department of regulation and
3licensing, serving the department in an advisory capacity. The council shall consist
4of 7 members, appointed for 4-year terms, who are massage therapists or
5bodyworkers certified under ch. 460 and who have engaged in the practice of
6massage therapy or bodywork for at least 2 years preceding appointment.
AB749-ASA1,2,97
(b) In appointing members under par. (a), the governor shall ensure, to the
8maximum extent practicable, that the membership of the council is diverse, based
9on all of the following factors:
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1. Massage or bodywork therapies practiced in this state.
AB749-ASA1,2,1211
2. Affiliation and nonaffiliation with a professional association for the practice
12of massage therapy or bodywork.
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3. Professional associations with which massage therapists or bodyworkers in
14this state are affiliated.
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4. Practice in urban and rural areas in this state.
AB749-ASA1, s. 2
16Section
2. 20.485 (5) (h) of the statutes is created to read:
AB749-ASA1,2,2017
20.485
(5) (h)
Certification of massage therapists and bodyworkers. Ninety
18percent of all moneys received under s. 460.05 (3) (c) and 2001 Wisconsin Act .... (this
19act), section 23 (5) for making determinations regarding applications for massage
20therapist and bodyworker certificates.
AB749-ASA1,3,322
50.01
(2) "Nurse's assistant" means a person who performs routine patient care
23duties delegated by a registered nurse or licensed practical nurse who supervises the
24person, for the direct health care of a patient or resident. "Nurse's assistant" does
25not mean a person who is licensed, permitted, certified
, or registered under
subch.
1XI of ch. 440 or ch. 441, 448, 449, 450, 451, 455
or, 459
, or 460 or a person whose duties
2primarily involve skills that are different than those taught in instructional
3programs for nurse's assistants.
AB749-ASA1,3,75
55.043
(4) (e) Refer the case to the department of regulation and licensing if
6the misappropriation of property or neglect or abuse involves an individual who is
7required to hold a credential, as defined in s. 440.01 (2) (a), under chs. 440 to
459 460.
AB749-ASA1,3,109
103.10
(1) (e) "Health care provider" means a person described under s. 146.81
10(1)
, but does not include a person described under s. 146.81 (1) (hp).
AB749-ASA1, s. 6
11Section
6. 146.40 (1) (d) of the statutes is amended to read:
AB749-ASA1,3,2012
146.40
(1) (d) "Nurse's assistant" means an individual who performs routine
13patient care duties delegated by a registered nurse or licensed practical nurse who
14supervises the individual, for the direct health care of a patient or resident. "Nurse's
15assistant" does not mean an individual who is licensed, permitted, certified
, or
16registered under
subch. XI of ch. 440 or ch. 441, 448, 449, 450, 451, 455
or, 459
, or
17460 or an individual whose duties primarily involve skills that are different than
18those taught in instructional and competency evaluation programs for nurse's
19assistants certified under sub. (3) or evaluated by competency evaluation programs
20for nurse's assistants approved under sub. (3m).
AB749-ASA1, s. 7
21Section
7. 146.81 (1) (hp) of the statutes is amended to read:
AB749-ASA1,3,2322
146.81
(1) (hp) A massage therapist or bodyworker
issued a license certified 23under
subch. XI of ch. 440 ch. 460.
AB749-ASA1, s. 8
24Section
8. 146.997 (1) (d) 13. of the statutes is amended to read:
AB749-ASA1,4,2
1146.997
(1) (d) 13. A massage therapist or bodyworker issued a
license of
2registration certificate under
subch. XI of ch.
440 460.
AB749-ASA1, s. 9
3Section
9. 180.1901 (1m) (ag) of the statutes is amended to read:
AB749-ASA1,4,54
180.1901
(1m) (ag) The department of regulation and licensing under
subch.
5XI of ch. 440 ch. 460.
AB749-ASA1, s. 10
6Section
10. 252.15 (1) (ar) 1. of the statutes is amended to read:
AB749-ASA1,4,97
252.15
(1) (ar) 1. A person or entity that is specified in s. 146.81 (1), but does
8not include a massage therapist or bodyworker issued a
license of registration 9certificate under
subch. XI of ch.
440 460.
AB749-ASA1, s. 11
10Section
11. 440.08 (2) (a) 46r. of the statutes is created to read:
AB749-ASA1,4,1211
440.08
(2) (a) 46r. Massage therapist or bodyworker: July 1 of each
12even-numbered year; $53.
AB749-ASA1, s. 13
15Section
13. Subchapter XI (title) of chapter 440 [precedes 440.98] of the
16statutes is repealed.
AB749-ASA1, s. 15
18Section
15. 440.982 (title) and (1) (intro.) and (a) of the statutes are repealed.
AB749-ASA1, s. 16
19Section
16. 440.982 (1) (b) of the statutes is renumbered 460.06 and amended
20to read:
AB749-ASA1,5,13
21460.06 Examinations. Promulgate rules establishing the education, training
22or competency requirements that an applicant for a license must satisfy in order to
23be issued a license of registration under this subchapter. The rules shall require an
24applicant to complete at least 500 classroom hours of study in a course of instruction
25in massage therapy or bodywork approved by the department or at a school approved
1by the educational approval board under s. 45.54. The rules shall also require an The
2department may not grant a certificate under this chapter unless the applicant
3whose application is received after March 1, 2000, to successfully complete passes 4the national certification examination for therapeutic massage and bodywork that
5is offered by the National Certification Board for Therapeutic Massage and
6Bodywork or
a substantially equivalent an examination relating to the practice of
7massage therapy or bodywork that is
approved administered by a national board
8that is accredited by the National Commission
of
for Certifying Agencies
of the
9National Organization for Competency Assurance or that is developed, administered 10or
a substantially equivalent examination approved by the department. The
11department shall promulgate rules
may
that also require an applicant to pass an
12examination on state laws and administrative rules governing massage therapy or
13bodywork.
AB749-ASA1, s. 17
14Section
17. 440.982 (1) (c) and (2) of the statutes are repealed.
AB749-ASA1, s. 19
16Section
19. 440.989 of the statutes is renumbered 460.17 and amended to
17read:
AB749-ASA1,5,25
18460.17 Local regulation. A city, village, town
, or county may not enact an
19ordinance that regulates the practice of massage therapy or bodywork by a person
20who is issued a
license of registration certificate by the department under this
21subchapter chapter. No provision of any ordinance enacted by a city, village,
22town
, or county that is in effect before February 1, 1999, and that relates to the
23practice of massage therapy or bodywork, may be enforced against a person who
24is issued a
license of registration certificate by the department under this
25subchapter chapter.
AB749-ASA1,6,32
Chapter 460
3
Massage therapy and bodywork
AB749-ASA1,6,4
4460.01 Definitions. In this chapter:
AB749-ASA1,6,5
5(1) "Certificate holder" means a person granted a certificate under this chapter.
AB749-ASA1,6,6
6(2) "Council" means the massage therapy and bodywork council.
AB749-ASA1,6,9
7(3) "Manual action" includes holding, positioning, rocking, kneading,
8compressing, decompressing, gliding, or percussing the soft tissue of the human body
9or applying a passive range of motion to the human body.
AB749-ASA1,6,16
10(4) "Massage therapy or bodywork" means the science and healing art that uses
11manual actions to palpate and manipulate the soft tissue of the human body, in order
12to improve circulation, reduce tension, relieve soft tissue pain, or increase flexibility,
13and includes determining whether massage therapy or bodywork is appropriate or
14contraindicated, or whether a referral to another health care practitioner is
15appropriate. "Massage therapy or bodywork" does not include making a medical or
16chiropractic diagnosis.
AB749-ASA1,6,17
17(5) "Physician's office" has the meaning given in s. 101.123 (1) (dg).
AB749-ASA1,6,18
18(6) "Sexual contact" has the meaning given in s. 939.22 (34).
AB749-ASA1,6,19
19(7) "Sexual intercourse" has the meaning given in s. 948.01 (7) (a).
AB749-ASA1,7,2
20460.02 Certificate required. Except as provided in s. 460.03, no person may
21designate himself or herself as a massage therapist or bodyworker, or use or assume
22the title "massage therapist and bodyworker" or "massage therapist" or
23"bodyworker" or any title that includes "massage therapist" or "bodyworker," or
24append to the person's name the letters "M.T.," "C.M.T.," "B.W.," or "C.B.W.," or use
1any other title or designation that represents or may tend to represent that he or she
2is certified under this chapter, unless the person is certified under this chapter.
AB749-ASA1,7,4
3460.03 Applicability. A certificate under this chapter is not required for any
4of the following:
AB749-ASA1,7,8
5(1) A person holding a license, permit, registration, or certification granted by
6this state or the federal government who engages in a practice of massage therapy
7or bodywork within the scope of his or her license, permit, registration, or
8certification and who does not imply that he or she is certified under this chapter.
AB749-ASA1,7,11
9(2) A person who is authorized to practice massage therapy or bodywork in
10another state or country and is providing a consultation to or demonstration with a
11certificate holder.
AB749-ASA1,7,13
12460.04 Duties of department. (1) The department shall assign a unique
13certificate number to each person certified under this chapter.
AB749-ASA1,7,14
14(2) The department shall promulgate rules that establish all of the following:
AB749-ASA1,7,1715
(a) Standards that govern the professional conduct of certificate holders in
16practicing massage therapy or bodywork. The standards shall prohibit a certificate
17holder from having sexual contact or sexual intercourse with a client.
AB749-ASA1,7,2218
(b) Criteria for approving a training program for purposes of s. 460.05 (1) (e)
191. Rules promulgated under this paragraph shall require the training program to
20consist of at least 600 classroom hours. The rules shall also require the criteria to
21be consistent with the criteria of the Commission on Massage Therapy Accreditation
22or the Accreditation Commission on Acupuncture and Oriental Medicine.
AB749-ASA1,7,2423
(c) Requirements and procedures for obtaining the informed consent of a client
24under s. 460.11 (1) and for making a report required under s. 460.12 (1).
AB749-ASA1,7,2525
(d) A definition of "sexually oriented business" for purposes of s. 460.11 (3).
AB749-ASA1,8,3
1(3) In addition to any other procedure under ch. 227 relating to the
2promulgation of rules, when promulgating a rule under this chapter, other than an
3emergency rule under s. 227.24, the department shall do all of the following:
AB749-ASA1,8,64
(a) Submit the proposed rule to the massage therapy and bodywork council at
5least 60 days before the proposed rule is submitted to the legislative council staff
6under s. 227.15 (1).
AB749-ASA1,8,107
(b) Consider any comments on a proposed rule made by the council, if the
8council submits the comments to the department within 30 days after a public
9hearing on the proposed rule under s. 227.18 or, if no hearing is held, within 30 days
10after the proposed rule is published under s. 227.16 (2) (e).
AB749-ASA1,8,1311
(c) Include, in the report submitted to the legislature under s. 227.19 (2), any
12comments on the proposed rule submitted by the council under par. (b) and the
13department's responses to those comments.
AB749-ASA1,8,16
14(4) When promulgating emergency rules under s. 227.24, the department shall
15provide a copy of the rules to the council prior to publication of the rules in the official
16state newspaper.
AB749-ASA1,8,19
17460.05 Certification of massage therapists or bodyworkers. (1) The
18department shall grant a certificate as a massage therapist or bodyworker to a
19person who satisfies all of the following:
AB749-ASA1,8,2020
(a) The person is 18 years of age or older.
AB749-ASA1,8,2321
(b) The person has graduated from high school or attained high school
22graduation equivalency as determined by the department of public instruction under
23s. 115.29 (4).
AB749-ASA1,8,2524
(c) The person submits an application for the certificate to the department on
25a form provided by the department.
AB749-ASA1,9,1
1(d) The person pays the fee specified in s. 440.05 (1).
AB749-ASA1,9,32
(e) Except as provided in sub. (2), the person submits evidence satisfactory to
3the department that he or she has done all of the following:
AB749-ASA1,9,64
1. Graduated from a school of massage therapy or bodywork approved by the
5educational approval board under s. 45.54 or completed a training program approved
6by the department under the rules promulgated under s. 460.04 (2) (b).
AB749-ASA1,9,97
2. Completed at least 6 classroom hours in the laws of this state and rules of
8the department relating to the practice of massage therapy or bodywork in a course
9of instruction approved by the department.
AB749-ASA1,9,1010
(f) The person passes the examinations under s. 460.06.
AB749-ASA1,9,1311
(g) The person submits evidence satisfactory to the department that he or she
12has in effect malpractice liability insurance coverage in an amount that is not less
13than $1,000,000 per occurrence and $1,000,000 for all occurrences in one year.
AB749-ASA1,9,16
14(2) The department may waive a requirement specified in sub. (1) (e) if a person
15establishes, to the satisfaction of the department, that he or she has education,
16training, or other experience that is substantially equivalent to the requirement.
AB749-ASA1,9,21
17(3) After the first day of the 25th month beginning after the effective date of
18this subsection .... [revisor inserts date], the department shall grant a certificate as
19a massage therapist or bodyworker to a person if the educational approval board
20notifies the department that the educational approval board has determined all of
21the following:
AB749-ASA1,9,2422
(a) That the person submitted an application to the educational approval board
23on a form provided by the educational approval board that describes the person's
24education, training, and experience in the practice of massage therapy or bodywork
1and includes evidence satisfactory to the educational approval board of all of the
2following:
AB749-ASA1,10,33
1. That the person is 18 years of age or older.
AB749-ASA1,10,64
2. That the person graduated from high school or attained high school
5graduation equivalency as determined by the department of public instruction under
6s. 115.29 (4).
AB749-ASA1,10,97
3. That, during the 2-year period after the effective date of this subdivision ....
8[revisor inserts date], the person was actively engaged in the practice of massage
9therapy or bodywork.
AB749-ASA1,10,1210
4. That the person has in effect malpractice liability insurance coverage in an
11amount that is not less than $1,000,000 per occurrence and $1,000,000 for all
12occurrences in one year.
AB749-ASA1,10,1413
(b) That the person included with the application under par. (a) an attestation
14that the person only recently became aware of the requirements of this chapter.
AB749-ASA1,10,1615
(c) That the person paid the fee specified in s. 440.05 (1) (a) to the educational
16approval board.
AB749-ASA1,10,1917
(d) That the person's education, training, and experience in the practice of
18massage therapy or bodywork is substantially equivalent to the education required
19under sub. (1) (e).
AB749-ASA1,10,23
20460.07 Display of certificate; expiration and renewal. (1) Each person
21who is certified under this chapter shall conspicuously display the certificate in the
22place of business where he or she practices massage therapy or bodywork so that the
23certificate can easily be seen and read.
AB749-ASA1,11,2
24(2) The renewal dates for certificates granted under this chapter, other than
25temporary certificates granted under s. 460.08, are specified under s. 440.08 (2) (a).
1Renewal applications shall be submitted to the department on a form provided by the
2department and shall include all of the following:
AB749-ASA1,11,33
(a) The renewal fee specified in s. 440.08 (2) (a).