AB749: Bill Text

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:

AB749,6,9 180.1901 (1m) (h) Massage therapy and bodywork examining board under ch. 460.

AB749, s. 11 Section 11. 252.15 (1) (ar) 1. of the statutes is amended to read:

AB749,6,13 252.15 (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 under subch. XI of ch. 440 460.

AB749, s. 12 Section 12. 440.08 (2) (a) 46r. of the statutes is created to read:

AB749,6,16 440.08 (2) (a) 46r. Massage therapist or bodyworker: July 1 of each even-numbered year; $53.

AB749, s. 13 Section 13. 440.08 (2) (a) 67q. of the statutes, as affected by 2001 Wisconsin Act 16, is repealed.

AB749, s. 14 Section 14. Subchapter XI (title) of chapter 440 [precedes 440.98] of the statutes is repealed.

AB749, s. 15 Section 15. 440.98 to 440.981 of the statutes are repealed.

AB749, s. 16 Section 16. 440.982 (title) and (1) (intro.) and (a) of the statutes are repealed.

AB749, s. 17 Section 17. 440.982 (1) (b) of the statutes is renumbered 460.06 and amended to read:

AB749,7,17 460.06 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 examining board may not grant a license under this chapter unless the applicant whose application is received after March 1, 2000, to successfully complete completes 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 examination relating to the practice of massage therapy or bodywork that is approved administered by a program that is accredited by the National Commission of Certifying Agencies of the National Organization for Competency Assurance or that is developed, administered or approved by the department examining board. The examining board 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, s. 18 Section 18. 440.982 (1) (c) and (2) of the statutes are repealed.

AB749, s. 19 Section 19. 440.983 to 440.988 of the statutes are repealed.

AB749, s. 20 Section 20. 440.989 of the statutes is renumbered 460.17 and amended to read:

AB749,8,4 460.17 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 by the department examining board 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 by the department examining board under this subchapter chapter.

AB749, s. 21 Section 21. 448.03 (2) (a) of the statutes is amended to read:

AB749,8,12 448.03 (2) (a) Any person lawfully practicing within the scope of a license, permit, registration, certificate or certification granted to practice professional or practical nursing or nurse-midwifery under ch. 441, to practice chiropractic under ch. 446, to practice dentistry or dental hygiene under ch. 447, to practice optometry under ch. 449, to practice acupuncture under ch. 451, to practice massage therapy or bodywork under ch. 460 or under any other statutory provision, or as otherwise provided by statute.

AB749, s. 22 Section 22. 448.10 (4) of the statutes is amended to read:

AB749,9,2 448.10 (4) Massage and hydrotherapy. Any Notwithstanding s. 460.02, any person who, on July 11, 1953, was practicing massage and hydrotherapy in this state under a certificate of registration issued pursuant to s. 147.185, 1951 stats., as it existed prior to July 11, 1953, or who had applied for a certificate of registration in massage and hydrotherapy before said date, shall have the right to continue to so practice under such certificate, and the term "massage and hydrotherapy" shall be deemed to include the use of galvanic generator, diathermy, infrared ray and ultraviolet light for massage purposes. Nothing contained in this subsection shall limit the existing authority of the board to revoke such certificate for cause, and in addition, the board may require the holder of such certificate to demonstrate by examination fitness to use the instrumentalities enumerated in this subsection. A lack of such fitness shall constitute cause for revocation of such certificate. No such certificate holder shall treat a specific disease except on the advice of a licensed physician.

AB749, s. 23 Section 23. 448.21 (1) (f) of the statutes is created to read:

AB749,9,5 448.21 (1) (f) The practice of massage therapy or bodywork within the meaning of ch. 460.

AB749, s. 24 Section 24. 451.02 (1) of the statutes is amended to read:

AB749,9,9 451.02 (1) An individual holding a license, permit or certificate under ch. 441, 446, 447, 448 or, 449, or 460 who engages in a practice of acupuncture that is also included within the scope of his or her license, permit, or certificate.

AB749, s. 25 Section 25. Chapter 460 of the statutes is created to read:

AB749,9,13 Chapter 460 Massage therapy and bodywork examining board

AB749,9,14 460.01 Definitions. In this chapter:

AB749,9,17 (1) "Adjunctive therapy" includes the use of a device that simulates or enhances a manual action and the application of heat, cold, water, light, or a topical preparation.

AB749,9,19 (2) "Examining board" means the massage therapy and bodywork examining board.

AB749,9,22 (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.

AB749,9,24 (4) "Massage therapist or bodyworker" means a person who is licensed as a massage therapist or bodyworker under this chapter.

AB749,10,7 (5) "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, and adjunctive therapies, 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 diagnosis.

AB749,10,8 (6) "Physician's office" has the meaning given in s. 101.123 (1) (dg).

AB749,10,9 (7) "Sexual contact" has the meaning given in s. 939.22 (34).

AB749,10,10 (8) "Sexual intercourse" has the meaning given in s. 948.01 (7) (a).

AB749,10,18 460.02 License required. Except as provided in s. 460.03, no person may practice massage therapy or bodywork for compensation or in the expectation of compensation, or 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 append to the person's name the letters "M.T.," "L.M.T.," "B.W.," or "L.B.W.," or use any other title or designation that represents or may tend to represent the person as a massage therapist or bodyworker, unless the person is licensed under this chapter.

AB749,10,20 460.03 Applicability. A license under this chapter is not required for any of the following:

AB749,10,25 (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 a massage therapist or bodyworker.

AB749,11,3 (2) A massage therapy or bodywork student practicing massage therapy or bodywork, without compensation, within the scope of the student's education or training, and under the supervision of an instructor.

AB749,11,7 (3) A massage therapist or bodyworker who is licensed to practice massage therapy or bodywork in another state or country and is providing a consultation to or demonstration with a massage therapist or bodyworker who is licensed under this chapter.

AB749,11,9 (4) A person who does any of the following and who does not imply that he or she is a massage therapist or bodyworker:

AB749,11,10 (a) Restricts his or her manipulation of soft tissue to the hands or feet.

AB749,11,12 (b) Uses touch or spoken words to increase awareness of existing or potential patterns of movement in the human body.

AB749,11,14 (c) Restricts his or her touch to placing the hands on or above the human body to influence the energy fields within or around the body.

AB749,11,16 460.04 Duties of examining board. (1) The examining board shall assign a unique license number to each person licensed under this chapter.

AB749,11,18 (2) The examining board shall promulgate rules that establish all of the following: