AB749-ASA1,12,19 17(3) A certificate holder may not, whether for compensation or not, practice
18massage therapy or bodywork for a sexually oriented business, as defined by the
19department by rule.
AB749-ASA1,13,2 20460.12 Duty to make reports. (1) A certificate holder shall submit a report
21to the department if he or she has reasonable cause to believe that another certificate
22holder has committed a crime relating to prostitution under ss. 944.30 to 944.34 or
23has had sexual contact or sexual intercourse with a client. If the report relates to
24sexual contact or sexual intercourse with a client, the report may not identify the

1client unless the client has provided written consent for disclosure of this
2information.
AB749-ASA1,13,7 3(2) The department may use a report made under sub. (1) as the basis for an
4investigation under s. 460.14 (1). If, after an investigation, the department has
5reasonable cause to believe that a certificate holder has committed a crime, the
6department shall report the belief to the district attorney for the county in which the
7crime, in the opinion of the department, occurred.
AB749-ASA1,13,10 8(3) If, after an investigation, the department determines that a report
9submitted under sub. (1) is without merit, the department shall remove the report
10from the record of the certificate holder who is the subject of the report.
AB749-ASA1,13,22 11(4) All reports and records made from reports under sub. (1) and maintained
12by the department, district attorneys, and other persons, officials, and institutions
13shall be confidential and are exempt from disclosure under s. 19.35 (1). Information
14regarding the identity of a client with whom a certificate holder is suspected of
15having sexual contact or sexual intercourse shall not be disclosed by persons who
16have received or have access to a report or record unless disclosure is consented to
17in writing by the client. The report of information under sub. (1) and the disclosure
18of a report or record under this subsection does not violate any person's responsibility
19for maintaining the confidentiality of patient health care records, as defined in s.
20146.81 (4) and as required under s. 146.82. Reports and records may be disclosed only
21to the department, and the appropriate staff of a district attorney or a law
22enforcement agency within this state for purposes of investigation or prosecution.
AB749-ASA1,13,24 23(5) (a) In this subsection, "violation" means a violation of any state or local law
24that is punishable by a forfeiture.
AB749-ASA1,14,8
1(b) A certificate holder shall submit a written report to the department if he or
2she is convicted of a felony or misdemeanor, or is found to have committed a violation,
3in this state or elsewhere, and if the circumstances of the felony, misdemeanor, or
4violation substantially relate to the practice of massage therapy or bodywork. The
5report shall identify the date, place, and nature of the conviction or finding and shall
6be submitted within 30 days after the entry of the judgment of conviction or the
7judgment finding that he or she committed the violation. If the report is submitted
8by mail, the report is considered to be submitted on the date that it is mailed.
AB749-ASA1,14,13 9460.13 Advertising. A certificate holder may not advertise that he or she
10practices massage therapy or bodywork unless the advertisement includes his or her
11certificate number and a statement that the certificate holder is a "certified massage
12therapist and bodyworker" or "certified massage therapist" or "certified
13bodyworker."
AB749-ASA1,14,17 14460.14 Disciplinary proceedings and actions. (1) Subject to the rules
15promulgated under s. 440.03 (1), the department may make investigations and
16conduct hearings to determine whether a violation of this chapter or any rule
17promulgated under this chapter has occurred.
AB749-ASA1,14,21 18(2) Subject to the rules promulgated under s. 440.03 (1), the department may
19reprimand a certificate holder or deny, limit, suspend, or revoke a certificate under
20this chapter if it finds that the applicant or certificate holder has done any of the
21following:
AB749-ASA1,14,2322 (a) Made a material misstatement in an application for a certificate or for
23renewal of a certificate.
AB749-ASA1,15,3
1(b) Subject to ss. 111.321, 111.322, and 111.335, been convicted of an offense the
2circumstances of which substantially relate to the practice of massage therapy or
3bodywork.
AB749-ASA1,15,44 (c) Advertised in a manner that is false, deceptive, or misleading.
AB749-ASA1,15,55 (d) Advertised, practiced, or attempted to practice under another's name.
AB749-ASA1,15,76 (e) Subject to ss. 111.321, 111.322, and 111.34, practiced massage therapy or
7bodywork while his or her ability to practice was impaired by alcohol or other drugs.
AB749-ASA1,15,98 (f) Intentionally made a false statement in a report submitted under s. 460.12
9(1).
AB749-ASA1,15,1110 (g) Engaged in unprofessional conduct in violation of the standards established
11in rules promulgated under s. 460.04 (2) (a).
AB749-ASA1,15,1512 (h) Engaged in conduct while practicing massage therapy or bodywork that
13jeopardizes the health, safety, or welfare of a client or that evidences a lack of
14knowledge of, inability to apply, or the negligent application of, principles or skills
15of massage therapy or bodywork.
AB749-ASA1,15,1616 (i) Committed a crime related to prostitution under ss. 944.30 to 944.34.
AB749-ASA1,15,1717 (j) Violated this chapter or any rule promulgated under this chapter.
AB749-ASA1,15,19 18(3) The department may restore a certificate that has been suspended or
19revoked on such terms and conditions as the department may deem appropriate.
AB749-ASA1,15,21 20(4) Before taking any action under this section, the department shall consult
21with the council and consider any recommendations of the council.
AB749-ASA1,15,24 22460.15 Penalties. (1) Except as provided in sub. (2), any person who violates
23this chapter or any rule promulgated under this chapter shall forfeit not more than
24$1,000 for each violation.
AB749-ASA1,16,3
1(2) A person who violates s. 460.02 shall forfeit not more than $500 for each
2violation. Each day of continued violation of s. 460.02 constitutes a separate
3violation.
AB749-ASA1, s. 21 4Section 21. 895.48 (1m) (intro.) of the statutes is amended to read:
AB749-ASA1,16,155 895.48 (1m) (intro.) Any physician or athletic trainer licensed under ch. 448,
6chiropractor licensed under ch. 446, dentist licensed under ch. 447, emergency
7medical technician licensed under s. 146.50, first responder certified under s. 146.50
8(8), physician assistant licensed under ch. 448, registered nurse licensed under ch.
9441, or a massage therapist or bodyworker issued a license of registration certificate
10under subch. XI of ch. 440 460 who renders voluntary health care to a participant
11in an athletic event or contest sponsored by a nonprofit corporation, as defined in s.
1246.93 (1m) (c), a private school, as defined in s. 115.001 (3r), a public agency, as
13defined in s. 46.93 (1m) (e), or a school, as defined in s. 609.655 (1) (c), is immune from
14civil liability for his or her acts or omissions in rendering that care if all of the
15following conditions exist:
AB749-ASA1, s. 22 16Section 22. 908.03 (6m) (a) of the statutes is amended to read:
AB749-ASA1,16,2117 908.03 (6m) (a) Definition. In this subsection, "health care provider" means
18a massage therapist or bodyworker issued a license of registration certificate under
19subch. XI of ch. 440 460, a chiropractor licensed under ch. 446, a dentist licensed
20under ch. 447, a physician assistant licensed under ch. 448, or a health care provider
21as defined in s. 655.001 (8).
AB749-ASA1, s. 23 22Section 23 . Nonstatutory provisions.
AB749-ASA1,16,2323 (1) Definitions. In this Section:
AB749-ASA1,16,2424 (a) "Department" means the department of regulation and licensing.
AB749-ASA1,17,2
1(b) "Massage therapy or bodywork" has the meaning given in section 460.01 (4)
2of the statutes, as created by this act.
AB749-ASA1,17,33 (2) Initial appointments.
AB749-ASA1,17,74 (a) Notwithstanding section 15.407 (7) (a) of the statutes, as created by this act,
5the initial members of the massage therapy and bodywork council shall be appointed
6by the first day of the 3rd month beginning after the effective date of this paragraph
7for the following terms:
AB749-ASA1,17,8 81. Two members, for terms expiring on July 1, 2003.
AB749-ASA1,17,9 92. Two members, for terms expiring on July 1, 2004.
AB749-ASA1,17,10 103. Two members, for terms expiring on July 1, 2005.
AB749-ASA1,17,11 114. One member, for a term expiring on July 1, 2006.
AB749-ASA1,17,1612 (b) Notwithstanding section 15.407 (7) (a) of the statutes, as created by this act,
13for the purpose of being appointed and serving as members of the massage therapy
14and bodywork council, the members need not be certified under chapter 460 of the
15statutes, as created by this act, until the first day of the 15th month beginning after
16the effective date of this paragraph.
AB749-ASA1,17,2317 (3) Emergency rules. The department may use the procedure under section
18227.24 of the statutes to promulgate rules required under section 460.04 (2) of the
19statutes, as created by this act. Notwithstanding section 227.24 (1) (a), (2) (b), and
20(3) of the statutes, the department is not required to provide evidence that
21promulgating a rule under this subsection as an emergency rule is necessary for the
22preservation of public peace, health, safety, or welfare and is not required to provide
23a finding of emergency for a rule promulgated under this subsection.
AB749-ASA1,18,424 (4) Transitional provisions; registrants. Notwithstanding section 460.05 (1)
25of the statutes, as created by this act, the department shall, no later than the first

1day of the 7th month beginning after the effective date of this subsection, issue a
2certificate as a massage therapist or bodyworker to a person who holds a valid license
3of registration as a massage therapist or bodyworker issued by the department under
4section 440.983, 1999 stats.
AB749-ASA1,18,95 (5) Transitional provisions; nonregistrants. Notwithstanding section 460.05
6(1) of the statutes, as created by this act, the department shall issue a certificate as
7a massage therapist or bodyworker to a person if the educational approval board
8notifies the department that the educational approval board has determined all of
9the following:
AB749-ASA1,18,1510 (a) That the person submitted, no later than the first day of the 25th month
11beginning after the effective date of this paragraph, an application to the educational
12approval board on a form provided by the educational approval board that describes
13the person's education, training, and experience in the practice of massage therapy
14or bodywork and provides evidence satisfactory to the educational approval board of
15all of the following:
AB749-ASA1,18,1616 1. That the person is 18 years of age or older.
AB749-ASA1,18,1917 2. That the person graduated from high school or attained high school
18graduation equivalency as determined by the department of public instruction under
19section 115.29 (4) of the statutes.
AB749-ASA1,18,2120 3. That, on the effective date of this subdivision, the person was actively
21engaged in the practice of massage therapy or bodywork.
AB749-ASA1,18,2422 4. That the person has in effect malpractice liability insurance coverage in an
23amount that is not less than $1,000,000 per occurrence and $1,000,000 for all
24occurrences in one year.
AB749-ASA1,19,2
1(b) That the person paid the fee specified in section 440.05 (1) (a) of the statutes
2to the educational approval board.
AB749-ASA1,19,53 (c) That the person's education, training, and experience in the practice of
4massage therapy or bodywork are substantially equivalent to the education required
5under section 460.05 (1) (e) of the statutes, as created by this act.
AB749-ASA1, s. 24 6Section 24. Initial applicability.
AB749-ASA1,19,97 (1)   The treatment of section 146.81 (1) (hp) of the statutes first applies to the
8use of billing forms specified in section 632.725 (2) (a) of the statutes on the effective
9date of this subsection.
AB749-ASA1,19,1210 (2) The creation of chapter 460 of the statutes first applies to crimes relating
11to prostitution that are committed on and sexual contact or sexual intercourse that
12occurs on the effective date of this subsection.
AB749-ASA1,19,1413 (3) The treatment of section 895.48 (1m) (intro.) of the statutes first applies to
14care rendered on the effective date of this subsection.
AB749-ASA1, s. 25 15Section 25. Effective dates. This act takes effect on the first day of the 7th
16month beginning after publication, except as follows:
AB749-ASA1,19,1817 (1) The treatment of section 15.407 (7) of the statutes and Section 23 (1), (2 ),
18and (3) of this act take effect on the day after publication.
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