SB388: Bill Text

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:

SB388, s. 50 Section 50. 460.14 (2) (a) of the statutes is amended to read:

SB388,18,23 460.14 (2) (a) Made a material misstatement in an application for a certificate license or for renewal of a certificate license.

SB388, s. 51 Section 51. 460.14 (2) (b) of the statutes is amended to read:

SB388,19,3 460.14 (2) (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 therapy.

SB388, s. 52 Section 52. 460.14 (2) (e) of the statutes is amended to read:

SB388,19,7 460.14 (2) (e) Subject to ss. 111.321, 111.322, and 111.34, practiced massage therapy or bodywork therapy while his or her ability to practice was impaired by alcohol or other drugs.

SB388, s. 53 Section 53. 460.14 (2) (h) of the statutes is amended to read:

SB388,19,12 460.14 (2) (h) Engaged in conduct while practicing massage therapy or bodywork therapy 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 therapy.

SB388, s. 54 Section 54. 460.14 (2m) (intro.) of the statutes is amended to read:

SB388,19,16 460.14 (2m) (intro.) Subject to the rules promulgated under s. 440.03 (1), the department examining board shall revoke a certificate license under this chapter if the certificate license holder is convicted of any of the following:

SB388, s. 55 Section 55. 460.14 (3) of the statutes is amended to read:

SB388,19,20 460.14 (3) The department examining board may restore a certificate license that has been suspended or revoked on such terms and conditions as the department examining board may deem appropriate.

SB388, s. 56 Section 56. 460.14 (4) of the statutes is repealed.

SB388, s. 57 Section 57. 460.15 (1) of the statutes is renumbered 460.15 and amended to read:

SB388,20,3 460.15 Penalties Penalty. Except as provided in sub. (2), any Any person who violates this chapter or any rule promulgated under this chapter shall forfeit not more than $1,000 for each violation.

SB388, s. 58 Section 58. 460.15 (2) of the statutes is repealed.

SB388, s. 59 Section 59. 460.17 of the statutes is amended to read:

SB388,20,12 460.17 Local regulation. A city, village, town, or county may not enact an ordinance that regulates the practice of massage therapy or bodywork therapy by a person who is issued a certificate licensed by the department examining board under this 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 therapy, may be enforced against a person who is issued a certificate licensed by the department examining board under this chapter.

SB388, s. 60 Section 60. 895.48 (1m) (a) (intro.) and 2. of the statutes are amended to read:

SB388,20,24 895.48 (1m) (a) (intro.) Except as provided in par. (b), 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. 256.15, first responder certified under s. 256.15 (8), physician assistant licensed under ch. 448, registered nurse licensed under ch. 441, or a massage therapist or bodyworker issued a certificate bodywork therapist licensed under ch. 460 who renders voluntary health care to a participant in an athletic event or contest sponsored by a nonprofit corporation, as defined in s. 66.0129 (6) (b), a private school, as defined in s. 115.001 (3r), a public agency, as defined in s. 46.856 (1) (b), 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:

SB388,21,4 2. The physician, athletic trainer, chiropractor, dentist, emergency medical technician, first responder, physician assistant, registered nurse, massage therapist or bodyworker bodywork therapist does not receive compensation for the health care, other than reimbursement for expenses.

SB388, s. 61 Section 61. Nonstatutory provisions.

SB388,21,12 (1) Exemptions from certain licensure requirements. Notwithstanding section 460.05 (1) (e) of the statutes, as affected by this act, and section 460.05 (1) (f) of the statutes, the massage therapy and bodywork therapy examining board shall grant a license under section 460.05 of the statutes, as affected by this act, to a person who no later than the first day of the 13th month beginning after the effective date of this paragraph provides sufficient evidence to the massage therapy and bodywork therapy examining board that the person satisfies one of the following requirements:

SB388,21,15 (a) The person was actively engaged in the practice of massage therapy or bodywork therapy by practicing for an average of 10 hours per week for at least 10 years.

SB388,21,18 (b) The person passed a nationally administered entry-level competency assessment examination that meets generally accepted psychometric principles and standards.

SB388,21,22 (c) The person was actively engaged in the practice of massage therapy or bodywork therapy by practicing for an average of 10 hours per week for at least 3 years and successfully completed a 200-hour licensure program approved by the examining board.

SB388,21,25 (d) At least 180 days before the effective date of this paragraph, the person graduated from a massage therapy or bodywork therapy training program that consisted of at least 600 hours of training.

SB388, s. 62 Section 62. Effective date.

SB388,22,3 (1) This act takes effect on the first day of the 7th month beginning after publication.

SB388,22,4 (End)