Amendment ASA1-AB749

LRBs0319/3

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2001 - 2002 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2001 ASSEMBLY BILL 749

February 26, 2002 - Offered by Representatives Kaufert and Underheim.

AB749-ASA1,1,10 An Act to repeal 440.08 (2) (a) 67q., subchapter XI (title) of chapter 440 [precedes 440.98], 440.98 to 440.981, 440.982 (title) and (1) (intro.) and (a), 440.982 (1) (c) and (2) and 440.983 to 440.988; to renumber and amend 440.982 (1) (b) and 440.989; to amend 50.01 (2), 55.043 (4) (e), 103.10 (1) (e), 146.40 (1) (d), 146.81 (1) (hp), 146.997 (1) (d) 13., 180.1901 (1m) (ag), 252.15 (1) (ar) 1., 895.48 (1m) (intro.) and 908.03 (6m) (a); and to create 15.407 (7), 20.485 (5) (h), 440.08 (2) (a) 46r. and chapter 460 of the statutes; relating to: the regulation of massage therapists and bodyworkers, creating a massage therapy and bodywork council, granting rule-making authority, making an appropriation, and providing a penalty.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB749-ASA1, s. 1 Section 1. 15.407 (7) of the statutes is created to read:

AB749-ASA1,2,6 15.407 (7) Massage therapy and bodywork council. (a) There is created a massage therapy and bodywork council in the department of regulation and licensing, serving the department in an advisory capacity. The council shall consist of 7 members, appointed for 4-year terms, who are massage therapists or bodyworkers certified under ch. 460 and who have engaged in the practice of massage therapy or bodywork for at least 2 years preceding appointment.

AB749-ASA1,2,9 (b) In appointing members under par. (a), the governor shall ensure, to the maximum extent practicable, that the membership of the council is diverse, based on all of the following factors:

AB749-ASA1,2,10 1. Massage or bodywork therapies practiced in this state.

AB749-ASA1,2,12 2. Affiliation and nonaffiliation with a professional association for the practice of massage therapy or bodywork.

AB749-ASA1,2,14 3. Professional associations with which massage therapists or bodyworkers in this state are affiliated.

AB749-ASA1,2,15 4. Practice in urban and rural areas in this state.

AB749-ASA1, s. 2 Section 2. 20.485 (5) (h) of the statutes is created to read:

AB749-ASA1,2,20 20.485 (5) (h) Certification of massage therapists and bodyworkers. Ninety percent of all moneys received under s. 460.05 (3) (c) and 2001 Wisconsin Act .... (this act), section 23 (5) for making determinations regarding applications for massage therapist and bodyworker certificates.

AB749-ASA1, s. 3 Section 3. 50.01 (2) of the statutes is amended to read:

AB749-ASA1,3,3 50.01 (2) "Nurse's assistant" means a person who performs routine patient care duties delegated by a registered nurse or licensed practical nurse who supervises the person, for the direct health care of a patient or resident. "Nurse's assistant" does not mean a person who is licensed, permitted, certified, or registered under subch. XI of ch. 440 or ch. 441, 448, 449, 450, 451, 455 or, 459, or 460 or a person whose duties primarily involve skills that are different than those taught in instructional programs for nurse's assistants.

AB749-ASA1, s. 4 Section 4. 55.043 (4) (e) of the statutes is amended to read:

AB749-ASA1,3,7 55.043 (4) (e) Refer the case to the department of regulation and licensing if the misappropriation of property or neglect or abuse involves an individual who is required to hold a credential, as defined in s. 440.01 (2) (a), under chs. 440 to 459 460.

AB749-ASA1, s. 5 Section 5. 103.10 (1) (e) of the statutes is amended to read:

AB749-ASA1,3,10 103.10 (1) (e) "Health care provider" means a person described under s. 146.81 (1), but does not include a person described under s. 146.81 (1) (hp).

AB749-ASA1, s. 6 Section 6. 146.40 (1) (d) of the statutes is amended to read:

AB749-ASA1,3,20 146.40 (1) (d) "Nurse's assistant" means an individual who performs routine patient care duties delegated by a registered nurse or licensed practical nurse who supervises the individual, for the direct health care of a patient or resident. "Nurse's assistant" does not mean an individual who is licensed, permitted, certified, or registered under subch. XI of ch. 440 or ch. 441, 448, 449, 450, 451, 455 or, 459, or 460 or an individual whose duties primarily involve skills that are different than those taught in instructional and competency evaluation programs for nurse's assistants certified under sub. (3) or evaluated by competency evaluation programs for nurse's assistants approved under sub. (3m).

AB749-ASA1, s. 7 Section 7. 146.81 (1) (hp) of the statutes is amended to read:

AB749-ASA1,3,23 146.81 (1) (hp) A massage therapist or bodyworker issued a license certified under subch. XI of ch. 440 ch. 460.

AB749-ASA1, s. 8 Section 8. 146.997 (1) (d) 13. of the statutes is amended to read:

AB749-ASA1,4,2 146.997 (1) (d) 13. A massage therapist or bodyworker issued a license of registration certificate under subch. XI of ch. 440 460.

AB749-ASA1, s. 9 Section 9. 180.1901 (1m) (ag) of the statutes is amended to read:

AB749-ASA1,4,5 180.1901 (1m) (ag) The department of regulation and licensing under subch. XI of ch. 440 ch. 460.

AB749-ASA1, s. 10 Section 10. 252.15 (1) (ar) 1. of the statutes is amended to read:

AB749-ASA1,4,9 252.15 (1) (ar) 1. A person or entity that is specified in s. 146.81 (1), but does not include a massage therapist or bodyworker issued a license of registration certificate under subch. XI of ch. 440 460.

AB749-ASA1, s. 11 Section 11. 440.08 (2) (a) 46r. of the statutes is created to read:

AB749-ASA1,4,12 440.08 (2) (a) 46r. Massage therapist or bodyworker: July 1 of each even-numbered year; $53.

AB749-ASA1, s. 12 Section 12. 440.08 (2) (a) 67q. of the statutes, as affected by 2001 Wisconsin Act 16, is repealed.

AB749-ASA1, s. 13 Section 13. Subchapter XI (title) of chapter 440 [precedes 440.98] of the statutes is repealed.

AB749-ASA1, s. 14 Section 14. 440.98 to 440.981 of the statutes are repealed.

AB749-ASA1, s. 15 Section 15. 440.982 (title) and (1) (intro.) and (a) of the statutes are repealed.

AB749-ASA1, s. 16 Section 16. 440.982 (1) (b) of the statutes is renumbered 460.06 and amended to read:

AB749-ASA1,5,13 460.06 Examinations. Promulgate rules establishing the education, training or competency requirements that an applicant for a license must satisfy in order to be issued a license of registration under this subchapter. The rules shall require an applicant to complete at least 500 classroom hours of study in a course of instruction in massage therapy or bodywork approved by the department or at a school approved by the educational approval board under s. 45.54. The rules shall also require an The department may not grant a certificate under this chapter unless the applicant whose application is received after March 1, 2000, to successfully complete passes the national certification examination for therapeutic massage and bodywork that is offered by the National Certification Board for Therapeutic Massage and Bodywork or a substantially equivalent an examination relating to the practice of massage therapy or bodywork that is approved administered by a national board that is accredited by the National Commission of for Certifying Agencies of the National Organization for Competency Assurance or that is developed, administered or a substantially equivalent examination approved by the department. The department shall promulgate rules may that also require an applicant to pass an examination on state laws and administrative rules governing massage therapy or bodywork.

AB749-ASA1, s. 17 Section 17. 440.982 (1) (c) and (2) of the statutes are repealed.

AB749-ASA1, s. 18 Section 18. 440.983 to 440.988 of the statutes are repealed.

AB749-ASA1, s. 19 Section 19. 440.989 of the statutes is renumbered 460.17 and amended to read:

AB749-ASA1,5,25 460.17 Local regulation. 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 issued a license of registration certificate by the department under this subchapter chapter. No provision of any ordinance enacted by a city, village, town, or county that is in effect before February 1, 1999, and that relates to the practice of massage therapy or bodywork, may be enforced against a person who is issued a license of registration certificate by the department under this subchapter chapter.

AB749-ASA1, s. 20 Section 20. Chapter 460 of the statutes is created to read:

AB749-ASA1,6,3 Chapter 460 Massage therapy and bodywork

AB749-ASA1,6,4 460.01 Definitions. In this chapter:

AB749-ASA1,6,5 (1) "Certificate holder" means a person granted a certificate under this chapter.

AB749-ASA1,6,6 (2) "Council" means the massage therapy and bodywork council.

AB749-ASA1,6,9 (3) "Manual action" includes holding, positioning, rocking, kneading, compressing, decompressing, gliding, or percussing the soft tissue of the human body or applying a passive range of motion to the human body.

AB749-ASA1,6,16 (4) "Massage therapy or bodywork" means the science and healing art that uses manual actions to palpate and manipulate the soft tissue of the human body, in order to improve circulation, reduce tension, relieve soft tissue pain, or increase flexibility, and includes determining whether massage therapy or bodywork is appropriate or contraindicated, or whether a referral to another health care practitioner is appropriate. "Massage therapy or bodywork" does not include making a medical or chiropractic diagnosis.

AB749-ASA1,6,17 (5) "Physician's office" has the meaning given in s. 101.123 (1) (dg).

AB749-ASA1,6,18 (6) "Sexual contact" has the meaning given in s. 939.22 (34).

AB749-ASA1,6,19 (7) "Sexual intercourse" has the meaning given in s. 948.01 (7) (a).

AB749-ASA1,7,2 460.02 Certificate required. Except as provided in s. 460.03, no person may designate himself or herself as a massage therapist or bodyworker, or use or assume the title "massage therapist and bodyworker" or "massage therapist" or "bodyworker" or any title that includes "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 that represents or may tend to represent that he or she is certified under this chapter, unless the person is certified under this chapter.

AB749-ASA1,7,4 460.03 Applicability. A certificate under this chapter is not required for any of the following:

AB749-ASA1,7,8 (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 certified under this chapter.

AB749-ASA1,7,11 (2) A person who is authorized to practice massage therapy or bodywork in another state or country and is providing a consultation to or demonstration with a certificate holder.

AB749-ASA1,7,13 460.04 Duties of department. (1) The department shall assign a unique certificate number to each person certified under this chapter.

AB749-ASA1,7,14 (2) The department shall promulgate rules that establish all of the following:

AB749-ASA1,7,17 (a) Standards that govern the professional conduct of certificate holders in practicing massage therapy or bodywork. The standards shall prohibit a certificate holder from having sexual contact or sexual intercourse with a client.

AB749-ASA1,7,22 (b) Criteria for approving a training program for purposes of s. 460.05 (1) (e) 1. Rules promulgated under this paragraph shall require the training program to consist of at least 600 classroom hours. The rules shall also require the criteria to be consistent with the criteria of the Commission on Massage Therapy Accreditation or the Accreditation Commission on Acupuncture and Oriental Medicine.

AB749-ASA1,7,24 (c) Requirements and procedures for obtaining the informed consent of a client under s. 460.11 (1) and for making a report required under s. 460.12 (1).

AB749-ASA1,7,25 (d) A definition of "sexually oriented business" for purposes of s. 460.11 (3).

AB749-ASA1,8,3 (3) In addition to any other procedure under ch. 227 relating to the promulgation of rules, when promulgating a rule under this chapter, other than an emergency rule under s. 227.24, the department shall do all of the following:

AB749-ASA1,8,6 (a) Submit the proposed rule to the massage therapy and bodywork council at least 60 days before the proposed rule is submitted to the legislative council staff under s. 227.15 (1).

AB749-ASA1,8,10 (b) Consider any comments on a proposed rule made by the council, if the council submits the comments to the department within 30 days after a public hearing on the proposed rule under s. 227.18 or, if no hearing is held, within 30 days after the proposed rule is published under s. 227.16 (2) (e).

AB749-ASA1,8,13 (c) Include, in the report submitted to the legislature under s. 227.19 (2), any comments on the proposed rule submitted by the council under par. (b) and the department's responses to those comments.

AB749-ASA1,8,16 (4) When promulgating emergency rules under s. 227.24, the department shall provide a copy of the rules to the council prior to publication of the rules in the official state newspaper.

AB749-ASA1,8,19 460.05 Certification of massage therapists or bodyworkers. (1) The department shall grant a certificate as a massage therapist or bodyworker to a person who satisfies all of the following:

AB749-ASA1,8,20 (a) The person is 18 years of age or older.

AB749-ASA1,8,23 (b) The person has graduated from high school or attained high school graduation equivalency as determined by the department of public instruction under s. 115.29 (4).