AB749: Bill Text

LRB-4385/1

MJL/MDK:wlj&cs:jf

2001 - 2002 LEGISLATURE

2001 Assembly BILL 749

January 28, 2002 - Introduced by Representatives Kaufert, Urban, Krawczyk, Bies, Nass, Plale, Owens, Ryba, Vrakas, Jeskewitz, Ziegelbauer, J. Lehman, Turner, Ladwig, Wasserman, Ott, Hines and Sykora, cosponsored by Senators Robson, Huelsman, Burke, Roessler, Harsdorf, Ellis, Darling, Wirch, George, Plache, A. Lasee and Schultz. Referred to Committee on Health.

AB749,1,10 An Act to repeal 180.1901 (1m) (ag), 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 15.08 (1m) (b), 50.01 (2), 55.043 (4) (e), 103.10 (1) (e), 146.40 (1) (d), 146.81 (1) (hp), 146.997 (1) (d) 13., 252.15 (1) (ar) 1., 448.03 (2) (a), 448.10 (4), 451.02 (1), 895.48 (1m) (intro.) and 908.03 (6m) (a); and to create 15.405 (6r), 180.1901 (1m) (h), 440.08 (2) (a) 46r., 448.21 (1) (f) and chapter 460 of the statutes; relating to: the regulation of massage therapists and bodyworkers, creating a massage therapy and bodywork examining board, granting rule-making authority and providing a penalty.

Analysis by the Legislative Reference Bureau

Current law prohibits a person who is not issued a license of registration from the department of regulation and licensing (DRL) from using a title that represents that he or she is a massage therapist, also called "bodyworker." DRL must promulgate rules establishing requirements and standards for the practice of massage therapy and for the education, training, and competency requirements that a person must satisfy before being issued a license of registration. The rules require, among other things an applicant for a license of registration to have completed 500 classroom hours of study in a course of instruction in massage therapy approved by DRL or at a school approved by the educational approval board. In addition, current law requires an applicant for a license of registration to have successfully completed the national certification examination for therapeutic massage and bodywork or a substantially equivalent examination.

This bill replaces the registration requirements of current law with licensure requirements and creates a seven-member massage therapy and bodywork examining board (examining board), attached to DRL, to administer and enforce the requirements. More specifically, the bill does all of the following with respect to the regulation of massage therapists and bodyworkers:

1. Prohibits a person from practicing massage therapy or bodywork or designating or titling himself or herself as a massage therapist or bodyworker unless the person is licensed by DRL.

2. Specifies the education, training, examination and other requirements and qualifications needed for licensure as a massage therapist or bodyworker and allows the examining board to waive any of the requirements if an applicant has substantially equivalent education, training, or other experience. The bill maintains the examination requirement under current law, except that the bill requires DRL to promulgate rules that require an applicant to also pass an examination on state laws and administrative rules governing massage therapy or bodywork. Under current law, DRL is allowed, not required, to promulgate such rules. The bill also allows the examining board to promulgate rules that require a licensed massage therapist or bodyworker to complete at least 12 hours of continuing education every two years and requires 600 hours, instead of 500 hours, of classroom training for license applicants.

3. Requires the examining board to issue licenses to persons who are registered under current law and to issue two-year temporary licenses to certain people who have not yet satisfied all of the bill's requirements for licensure.

4. Requires a massage therapist or bodyworker to obtain the informed consent of a client and to keep confidential any information that is given to the massage therapist or bodyworker in confidence by a client.

5. Prohibits a massage therapist or bodyworker from practicing massage therapy or bodywork at a "sexually oriented business," as defined by rule by the examining board.

6. Requires a massage therapist or bodyworker to make a report to the examining board if he or she is convicted of a felony or misdemeanor, or is found to have committed a violation of state or local law that is punishable by a forfeiture, and the circumstances of the felony, misdemeanor, or violation substantially relate to the practice of massage therapy or bodywork. The bill also requires a massage therapist or bodyworker to make a report to the examining board if he or she has reasonable cause to believe that another massage therapist or bodyworker has committed a crime relating to prostitution or has had sexual contact or intercourse with a client and allows the examining board to investigate the report.

7. Creates exemptions from the bill's requirements for certain persons, including: a) a massage therapist student who practices, without compensation, under the supervision of an instructor; and b) a person who does not imply that he or she is a massage therapist or bodyworker and who restricts his or her manipulation of soft tissue to hands or feet; uses touch or spoken words to increase awareness of patterns of movements in the human body; or restricts his or her touch to influence energy fields within or around the human body.

Finally, the bill makes other changes, including all of the following:

1. Makes state law regarding the confidentiality of patient health care records applicable to records of a massage therapist or bodyworker about his or her clients.

2. Allows massage therapists or bodyworkers to organize and be shareholders in a health care professional service corporation. Current law allows only certain other health care providers to organize and be members of such a corporation.

3. Exempts, under certain circumstances, massage therapists or bodyworkers from civil liability for rendering voluntary care to participants at certain athletic events and contests. Current law exempts only certain other health care providers from such liability.

4. Expands the exception to the hearsay rule under current law that applies to records of certain health care providers so that it also applies to records of massage therapists or bodyworkers.

5. Expands the applicability of certain requirements under current law pertaining to subpoenas of health care records so that they also apply to records of massage therapists and bodyworkers.

6. Prohibits cities, villages, towns, and counties from regulating the practice of massage therapy and bodywork by persons licensed under the bill. This prohibition is similar to a prohibition under current law regarding persons who are registered.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

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

AB749, s. 1 Section 1. 15.08 (1m) (b) of the statutes is amended to read:

AB749,4,6 15.08 (1m) (b) The public members of the chiropractic examining board, the dentistry examining board, the hearing and speech examining board, the massage therapy and bodywork examining board, the medical examining board, podiatry examining council, occupational therapy examining council, respiratory care practitioners examining council and council on physician assistants, the board of nursing, the nursing home administrator examining board, the veterinary examining board, the optometry examining board, the pharmacy examining board, the examining board of social workers, marriage and family therapists and professional counselors and the psychology examining board shall not be engaged in any profession or occupation concerned with the delivery of physical or mental health care.

AB749, s. 2 Section 2. 15.405 (6r) of the statutes is created to read:

AB749,4,11 15.405 (6r) Massage therapy and bodywork examining board. (a) There is created a massage therapy and bodywork examining board in the department of regulation and licensing. The examining board shall consist of the following members appointed for 4-year terms:

AB749,4,14 1. Five massage therapists or bodyworkers who are licensed under ch. 460 and have engaged in the practice of massage therapy or bodywork for at least 2 years preceding appointment.

AB749,4,15 2. Two public members.

AB749,4,18 (b) In appointing members under par. (a), the governor shall ensure, to the maximum extent practicable, that the membership of the board is diverse, based on all of the following factors:

AB749,4,19 1. Massage or bodywork therapies practiced in this state.

AB749,4,21 2. Affiliation and nonaffiliation with a professional association for the practice of massage therapy or bodywork.

AB749,4,23 3. Professional associations with which massage therapists or bodyworkers in this state are affiliated.

AB749,4,24 4. Practice in urban and rural areas in this state.

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

AB749,5,7 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, s. 4 Section 4. 55.043 (4) (e) of the statutes is amended to read:

AB749,5,11 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, s. 5 Section 5. 103.10 (1) (e) of the statutes is amended to read:

AB749,5,14 103.10 (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, s. 6 Section 6. 146.40 (1) (d) of the statutes is amended to read:

AB749,5,24 146.40 (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, s. 7 Section 7. 146.81 (1) (hp) of the statutes is amended to read:

AB749,6,2 146.81 (1) (hp) A massage therapist or bodyworker issued a license licensed under subch. XI of ch. 440 ch. 460.

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

AB749,6,5 146.997 (1) (d) 13. A massage therapist or bodyworker issued a license of registration under subch. XI of ch. 440 460.

AB749, s. 9 Section 9. 180.1901 (1m) (ag) of the statutes is repealed.

AB749, s. 10 Section 10. 180.1901 (1m) (h) of the statutes is created to read: