SB388: Bill Text

SB388, s. 18 Section 18. 460.03 (1m) (c) of the statutes is created to read:

SB388,8,13 460.03 (1m) (c) A person who manipulates only the soft tissues of the hands, feet, or ears of the human body, provided that the services are not represented or implied to be massage therapy or bodywork therapy.

SB388, s. 19 Section 19. 460.03 (2m) of the statutes is created to read:

SB388,8,16 460.03 (2m) (a) A person who does any of the following and who satisfies the requirements of par. (b):

SB388,8,19 1. Uses touch, words, and directed movement to deepen a client's awareness of his or her existing patterns of movement and to suggest to the client new patterns of movement.

SB388,8,20 2. Uses touch to affect the energy systems of the human body.

SB388,8,22 3. Uses touch and education to effect change in the structure of the body while engaged in the practice of structural integration.

SB388,9,5 (b) The person is recognized by or meets the established standards of either a professional organization or credentialing association that recognizes a person in a practice after that person demonstrates an adequate level of training and competency and adherence to ethical standards. In this paragraph, "practice" includes Rolfing Structural Integration, the Rolf Method of Structural Integration, the Rolf Institute's Rolf Movement Integration, Hellerwork, the Feldenkrais Method, the Trager Approach, body-mind centering, polarity, polarity therapy, polarity bodywork therapy, and reiki.

SB388,9,8 (c) A person who is exempt from licensure under this subsection may use the terms "bodywork," "bodyworker," and "bodywork therapy" to identify his or her practice.

SB388, s. 20 Section 20. 460.04 (title) of the statutes is amended to read:

SB388,9,10 460.04 (title) Duties of department examining board.

SB388, s. 21 Section 21. 460.04 (1) of the statutes is renumbered 460.05 (4) and amended to read:

SB388,9,14 460.05 (4) The department shall examining board may assign a unique certificate license number to each person certified licensed under this chapter.

SB388, s. 22 Section 22. 460.04 (1m) of the statutes is created to read:

SB388,9,17 460.04 (1m) The examining board shall prepare an examination on state laws and administrative rules governing massage therapy and bodywork therapy.

SB388, s. 23 Section 23. 460.04 (2) (intro.), (a), (b) and (e) of the statutes are amended to read:

SB388,9,21 460.04 (2) (intro.) The department examining board shall promulgate rules that establish all of the following:

SB388,9,25 (a) Standards that govern the professional conduct of certificate license holders in practicing massage therapy or bodywork therapy. The standards shall prohibit a certificate license holder from having sexual contact or sexual intercourse with a client.

SB388,10,4 (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 meet the requirements under s. 460.095 and to consist of at least 600 classroom hours.

SB388,10,9 (e) A requirement that an applicant for a certificate license under this chapter submit evidence satisfactory to the department examining board that the applicant has current proficiency in the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved under s. 46.03 (38) to provide such instruction.

SB388, s. 24 Section 24. 460.04 (2) (f) of the statutes is created to read:

SB388,10,16 460.04 (2) (f) Requirements to be satisfied by a person seeking a temporary license under s. 460.08. The rules promulgated under this subsection shall require the person to be a graduate of a massage therapy or bodywork therapy school or program and may require the holder of a temporary license to make disclosures to clients and to practice under the supervision of a massage therapist or bodywork therapist licensed under this chapter.

SB388, s. 25 Section 25. 460.04 (2) (g) of the statutes is created to read:

SB388,10,20 460.04 (2) (g) A requirement that an applicant for a license under this chapter pass an examination on state laws and administrative rules governing massage therapy and bodywork therapy.

SB388, s. 26 Section 26. 460.04 (3) of the statutes is repealed.

SB388, s. 27 Section 27. 460.04 (4) of the statutes is repealed.

SB388, s. 28 Section 28. 460.05 (title) of the statutes is amended to read:

SB388,10,25 460.05 (title) Certification Licensure of massage therapists or bodyworkers and bodywork therapists .

SB388, s. 29 Section 29. 460.05 (1) (intro.) of the statutes is amended to read:

SB388,11,4 460.05 (1) (intro.) The department examining board shall grant a certificate license as a massage therapist or bodyworker bodywork therapist to a person who satisfies all of the following:

SB388, s. 30 Section 30. 460.05 (1) (c) of the statutes is amended to read:

SB388,11,8 460.05 (1) (c) The person submits an application for the certificate license to the department examining board on a form provided by the department examining board.

SB388, s. 31 Section 31. 460.05 (1) (e) of the statutes is amended to read:

SB388,11,12 460.05 (1) (e) Except as provided in sub. (2), the person submits evidence satisfactory to the department examining board that he or she has done all of the following:

SB388,11,16 1. Graduated from a school of massage therapy or bodywork therapy approved by the educational approval board under s. 38.50 that meets the requirements under s. 460.095 or completed a training program approved by the department examining board under the rules promulgated under s. 460.04 (2) (b).

SB388,11,20 2. Completed at least 6 classroom hours in the laws of this state and rules of the department examining board relating to the practice of massage therapy or bodywork therapy in a course of instruction approved by the department examining board.

SB388, s. 32 Section 32. 460.05 (1) (g) of the statutes is amended to read:

SB388,11,25 460.05 (1) (g) The person submits evidence satisfactory to the department examining board that he or she 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.

SB388, s. 33 Section 33. 460.05 (2) of the statutes is amended to read:

SB388,12,5 460.05 (2) The department examining board may waive a requirement specified in sub. (1) (e) if a person establishes, to the satisfaction of the department examining board, that he or she has education, training, or other experience that is substantially equivalent to the requirement.

SB388, s. 34 Section 34. 460.05 (3) of the statutes is repealed.

SB388, s. 35 Section 35. 460.06 of the statutes is renumbered 460.06 (intro.) and amended to read:

SB388,12,11 460.06 Examinations. (intro.) The department examining board may not grant a certificate license under this chapter unless the applicant passes achieves a passing grade on the national certification following examinations:

SB388,12,19 (1) A nationally administered, entry-level competency examination for therapeutic massage and bodywork therapy that is offered by the National Certification Board for Therapeutic Massage and Bodywork or an examination relating to the practice of massage therapy or bodywork that is administered by a national board that is accredited by the National Commission for Certifying Agencies meets generally accepted psychometric principles and standards or a substantially equivalent examination approved by the department examining board.

SB388,12,22 (2) The department shall promulgate rules that also require an applicant to pass an examination on state laws and administrative rules governing massage therapy or and bodywork therapy required under s. 460.04 (2) (g).

SB388, s. 36 Section 36. 460.07 (1) of the statutes is amended to read:

SB388,13,2 460.07 (1) Each person who is certified licensed under this chapter shall conspicuously display the certificate license in the place of business where he or she practices massage therapy or bodywork therapy so that the certificate license can easily be seen and read.

SB388, s. 37 Section 37. 460.07 (2) (intro.) of the statutes is amended to read:

SB388,13,7 460.07 (2) (intro.) The renewal dates for certificates granted under this chapter are specified under s. 440.08 (2) (a). Renewal applications shall be submitted to the department on a form provided by the department on or before the applicable renewal date specified under s. 440.08 (2) (a) and shall include all of the following:

SB388, s. 38 Section 38. 460.07 (2) (c) of the statutes is amended to read:

SB388,13,12 460.07 (2) (c) Evidence satisfactory to the department examining board that the applicant 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.

SB388, s. 39 Section 39. 460.07 (2) (d) of the statutes is amended to read:

SB388,13,18 460.07 (2) (d) Evidence satisfactory to the department examining board that the applicant has current proficiency in the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved under s. 46.03 (38) to provide such instruction.

SB388, s. 40 Section 40. 460.08 of the statutes is created to read:

SB388,13,23 460.08 Temporary license. The examining board may grant a temporary license for a period not to exceed 6 months to an applicant who satisfies the requirements established in the rules under s. 460.04 (2) (f). A temporary license may not be renewed.

SB388, s. 41 Section 41. 460.09 of the statutes is amended to read:

SB388,14,7 460.09 Reciprocal certificate. Upon application and payment of the fee specified in s. 440.05 (2), the department examining board shall grant a massage therapist or bodyworker certificate bodywork therapist license to a person who holds a similar certificate license in another state or territory of the United States or another country if the department examining board determines that the requirements for receiving the certificate license in the other state, territory, or country are substantially equivalent to the requirements under s. 460.05.

SB388, s. 42 Section 42. 460.095 of the statutes is created to read:

SB388,14,12 460.095 Massage therapy and bodywork therapy school, training program, and instructor requirements. Each massage therapy or bodywork therapy school located in this state and each massage therapy or bodywork therapy training program offered in this state shall do all of the following:

SB388,14,15 (1) Provide and require as a prerequisite to graduation completion of a course of instruction on state laws and regulations applicable to massage therapy and bodywork therapy.

SB388,14,17 (2) Administer, score, and require as a prerequisite to graduation, the examination required under s. 460.06 (2).

SB388,14,20 (3) Ensure that each instructor hired by the school or training program on or after the effective date of this subsection .... [LRB inserts date], to teach courses in anatomy, physiology, kinesiology, and pathology has at least one of the following:

SB388,14,21 (a) Professional training and 2 years of experience in a health-related field.

SB388,14,22 (b) Two years of post-secondary education and training.

SB388,15,2 (4) Ensure that each instructor hired by the school or training program on or after the effective date of this subsection .... [LRB inserts date], to teach courses in theory and the practice of massage therapy or bodywork therapy is licensed under this chapter and has at least one of the following:

SB388,15,3 (a) Two years experience as a practicing professional.

SB388,15,5 (b) Formal education and training as a massage therapy or bodywork therapy instructor.

SB388, s. 43 Section 43. 460.10 of the statutes is renumbered 460.10 (1) (intro.) and amended to read:

SB388,15,9 460.10 (1) (intro.) The department examining board may promulgate rules establishing requirements all of the following:

SB388,15,14 (a) Requirements and procedures for a certificate license holder to complete continuing education programs or courses of study to qualify for renewal of his or her certificate license. The rules promulgated under this paragraph may not require a license holder to complete more than 24 hours of continuing education program or courses of study in order to qualify for renewal of his or her license.

SB388,15,18 (2) The department examining board may waive all or part of any requirement established in rules promulgated under this section sub. (1) (a) if it determines that prolonged illness, disability, or other exceptional circumstances have prevented a certificate license holder from completing the requirement.

SB388, s. 44 Section 44. 460.10 (1) (b) of the statutes is created to read:

SB388,15,21 460.10 (1) (b) Qualifications applicable to providers of continuing education programs and courses required under par. (a).

SB388, s. 45 Section 45. 460.11 of the statutes is amended to read:

SB388,16,2 460.11 Practice requirements. (1) A certificate license holder may not practice massage therapy or bodywork therapy on a client unless the certificate license holder first obtains the informed consent of the client and has informed the client that he or she may withdraw the consent at any time.

SB388,16,9 (2) A certificate license holder shall keep confidential any information that a client in confidence gives to the certificate license holder and any other information that the certificate license holder obtains about a client in the course of practicing massage therapy or bodywork therapy that a reasonable person in the client's position would want kept confidential, unless the information is otherwise required by law to be disclosed or the client specifically authorizes the disclosure of the information.

SB388,16,12 (3) A certificate license holder may not, whether for compensation or not, practice massage therapy or bodywork therapy for a sexually oriented business, as defined by the department examining board by rule.

SB388, s. 46 Section 46. 460.12 (1), (2), (3), (4) and (5) (b) of the statutes are amended to read:

SB388,16,21 460.12 (1) A certificate license holder shall submit a report to the department examining board if he or she has reasonable cause to believe that another certificate license holder has committed a crime relating to prostitution under ss. 944.30 to 944.34 or has had sexual contact or sexual intercourse with a client. If the report relates to sexual contact or sexual intercourse with a client, the report may not identify the client unless the client has provided written consent for disclosure of this information.

SB388,17,2 (2) The department examining board may use a report made under sub. (1) as the basis for an investigation under s. 460.14 (1). If, after an investigation, the department examining board has reasonable cause to believe that a certificate license holder has committed a crime, the department examining board shall report the belief to the district attorney for the county in which the crime, in the opinion of the department examining board, occurred.

SB388,17,6 (3) If, after an investigation, the department examining board determines that a report submitted under sub. (1) is without merit, the department examining board shall remove the report from the record of the certificate license holder who is the subject of the report.

SB388,17,19 (4) All reports and records made from reports under sub. (1) and maintained by the examining board, the department, district attorneys, and other persons, officials, and institutions shall be confidential and are exempt from disclosure under s. 19.35 (1). Information regarding the identity of a client with whom a certificate license holder is suspected of having sexual contact or sexual intercourse shall not be disclosed by persons who have received or have access to a report or record unless disclosure is consented to in writing by the client. The report of information under sub. (1) and the disclosure of a report or record under this subsection does not violate any person's responsibility for maintaining the confidentiality of patient health care records, as defined in s. 146.81 (4) and as required under s. 146.82. Reports and records may be disclosed only to the examining board, the department, and the appropriate staff of a district attorney or a law enforcement agency within this state for purposes of investigation or prosecution.

SB388,18,3 (5) (b) A certificate license holder shall submit a written report to the department examining board if he or she is convicted of a felony or misdemeanor, or is found to have committed a violation, in this state or elsewhere, and if the circumstances of the felony, misdemeanor, or violation substantially relate to the practice of massage therapy or bodywork therapy. The report shall identify the date, place, and nature of the conviction or finding and shall be submitted within 30 days after the entry of the judgment of conviction or the judgment finding that he or she committed the violation. If the report is submitted by mail, the report is considered to be submitted on the date that it is mailed.

SB388, s. 47 Section 47. 460.13 of the statutes is amended to read:

SB388,18,10 460.13 Advertising. A certificate Except as provided in s. 460.03 (1m) (a) and (b), a license holder may not advertise that he or she practices massage therapy or bodywork therapy unless the advertisement includes his or her certificate number and a statement that the certificate license holder is a "certified licensed massage therapist and bodyworker bodywork therapist" or "certified licensed massage therapist" or "certified bodyworker licensed bodywork therapist."

SB388, s. 48 Section 48. 460.14 (1) of the statutes is amended to read:

SB388,18,15 460.14 (1) Subject to the rules promulgated under s. 440.03 (1), the department 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.

SB388, s. 49 Section 49. 460.14 (2) (intro.) of the statutes is amended to read:

SB388,18,20 460.14 (2) (intro.) Subject to the rules promulgated under s. 440.03 (1), the department examining board may reprimand a certificate license holder or deny, limit, suspend, or revoke a certificate license under this chapter if it finds that the applicant or certificate license holder has done any of the following: