AB749: Bill Text

AB749,17,13 460.15 Disciplinary proceedings and actions. (1) Subject to the rules promulgated under s. 440.03 (1), the examining board may make investigations and conduct hearings to determine whether a violation of this chapter or any rule promulgated under this chapter has occurred.

AB749,17,17 (2) Subject to the rules promulgated under s. 440.03 (1), the examining board may reprimand a massage therapist or bodyworker or deny, limit, suspend, or revoke a license under this chapter if it finds that the applicant or licensee has done any of the following:

AB749,17,19 (a) Made a material misstatement in an application for a license or for renewal of a license.

AB749,17,22 (b) Subject to ss. 111.321, 111.322, and 111.335, been convicted of an offense the circumstances of which substantially relate to the practice of massage therapy or bodywork.

AB749,17,23 (c) Advertised in a manner that is false, deceptive, or misleading.

AB749,17,24 (d) Advertised, practiced, or attempted to practice under another's name.

AB749,18,2 (e) Subject to ss. 111.321, 111.322, and 111.34, practiced massage therapy or bodywork while his or her ability to practice was impaired by alcohol or other drugs.

AB749,18,4 (f) Intentionally made a false statement in a report submitted under s. 460.12 (1).

AB749,18,6 (g) Engaged in unprofessional conduct in violation of the standards established in rules promulgated under s. 460.04 (2) (a).

AB749,18,10 (h) Engaged in conduct while practicing massage therapy or bodywork that jeopardizes the health, safety, or welfare of a client or that evidences a lack of knowledge of, inability to apply, or the negligent application of, principles or skills of massage therapy or bodywork.

AB749,18,11 (i) Committed a crime related to prostitution under ss. 944.30 to 944.34.

AB749,18,12 (j) Violated this chapter or any rule promulgated under this chapter.

AB749,18,15 (3) The examining board may restore a license that has been suspended or revoked on such terms and conditions as the examining board may deem appropriate.

AB749,18,18 460.16 Penalties. (1) Except as provided in sub. (2), any person who violates this chapter or any rule promulgated under this chapter shall forfeit not more than $1,000 for each violation.

AB749,18,21 (2) A person who violates s. 460.02 shall forfeit not more than $500 for each violation. Each day of continued violation of s. 460.02 constitutes a separate violation.

AB749, s. 26 Section 26. 895.48 (1m) (intro.) of the statutes is amended to read:

AB749,19,8 895.48 (1m) (intro.) Any physician or athletic trainer licensed under ch. 448, chiropractor licensed under ch. 446, dentist licensed under ch. 447, emergency medical technician licensed under s. 146.50, first responder certified under s. 146.50 (8), physician assistant licensed under ch. 448, registered nurse licensed under ch. 441, or a massage therapist or bodyworker issued a license of registration under subch. XI of ch. 440 460 who renders voluntary health care to a participant in an athletic event or contest sponsored by a nonprofit corporation, as defined in s. 46.93 (1m) (c), a private school, as defined in s. 115.001 (3r), a public agency, as defined in s. 46.93 (1m) (e), or a school, as defined in s. 609.655 (1) (c), is immune from civil liability for his or her acts or omissions in rendering that care if all of the following conditions exist:

AB749, s. 27 Section 27. 908.03 (6m) (a) of the statutes is amended to read:

AB749,19,14 908.03 (6m) (a) Definition. In this subsection, "health care provider" means a massage therapist or bodyworker issued a license of registration under subch. XI of ch. 440 460, a chiropractor licensed under ch. 446, a dentist licensed under ch. 447, a physician assistant licensed under ch. 448, or a health care provider as defined in s. 655.001 (8).

AB749, s. 28 Section 28 . Nonstatutory provisions.

AB749,19,16 (1) Initial appointments.

AB749,19,20 (a) Notwithstanding section 15.405 (6r) (a) of the statutes, as created by this act, the initial members of the massage therapy and bodywork examining board shall be appointed by the first day of the 3rd month beginning after the effective date of this paragraph for the following terms:

AB749,19,22 1. Two massage therapist or bodyworker members and one public member, for terms expiring on July 1, 2003.

AB749,19,24 2. One massage therapist or bodyworker member, for a term expiring on July 1, 2004.

AB749,20,2 3. One massage therapist or bodyworker member and one public member, for terms expiring on July 1, 2005.

AB749,20,4 4. One massage therapist or bodyworker member, for a term expiring on July 1, 2006.

AB749,20,9 (b) Notwithstanding section 15.405 (6r) (a) of the statutes, as created by this act, for the purpose of being appointed and serving as members of the massage therapy and bodywork examining board, the members need not be licensed under chapter 460 of the statutes, as created by this act, until the first day of the 15th month beginning after the effective date of this paragraph.

AB749,20,17 (2) Emergency rules. The massage therapy and bodywork examining board may use the procedure under section 227.24 of the statutes to promulgate rules required under section 460.04 (2) of the statutes, as created by this act. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the examining board is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB749,20,20 (3) Transitional provisions. Notwithstanding section 460.05 (1) of the statutes, as created by this act, the massage therapy and body work examining board shall do each of the following:

AB749,20,24 (a) No later than the first day of the 7th month beginning after the effective date of this paragraph issue a license as a massage therapist or bodyworker to a person who holds a valid license of registration as a massage therapist or bodyworker issued by the department of regulation and licensing under section 440.983, 1999 stats.

AB749,21,3 (b) Issue a license as a massage therapist or bodyworker to a person who, no later than the 7th month beginning after the effective date of this paragraph, does all of the following:

AB749,21,6 1. Submits an application to the examining board on a form approved by the examining board that describes the person's education and his or her experience in the practice of massage therapy or bodywork.

AB749,21,8 2. Provides evidence satisfactory to the examining board that he or she satisfies each of the following:

AB749,21,10 a. Has completed at least 300 classroom hours of instruction in the practice of massage therapy or bodywork.

AB749,21,13 b. Has in effect malpractice liability insurance coverage in an amount that is not less than $1,000,000 per occurrence and $1,000,000 for all occurrences in one year.

AB749,21,14 3. Pays the fee specified in section 440.05 (1) of the statutes.

AB749,21,18 (4) A license of registration issued under subsection (3) (a) may be renewed under section 460.07 (2) of the statutes, as created by this act. A license of registration issued under subsection (3 ) (b) is valid until 2 years after that date that it is issued and may not be renewed.

AB749, s. 29 Section 29. Initial applicability.

AB749,21,22 (1)   The treatment of section 146.81 (1) (hp) of the statutes first applies to the use of billing forms specified in section 632.725 (2) (a) of the statutes on the effective date of this subsection.

AB749,21,25 (2) The creation of chapter 460 of the statutes first applies to crimes relating to prostitution that are committed on and sexual contact or sexual intercourse that occurs on the effective date of this subsection.

AB749,22,2 (3) The treatment of section 895.48 (1m) (intro.) and (b) of the statutes first applies to care rendered on the effective date of this subsection.

AB749, s. 30 Section 30. Effective dates. This act takes effect on the first day of the 7th month beginning after publication, except as follows:

AB749,22,6 (1) The treatment of section 15.405 (6r) of the statutes and Section 28 (1) and (2) of this act take effect on the day after publication.

AB749,22,7 (End)