SB388: Bill Text

2009 - 2010 LEGISLATURE

2009 Senate BILL 388

November 9, 2009 - Introduced by Senators Hansen, Taylor, Wirch, Ellis, Olsen and Risser, cosponsored by Representatives Berceau, Kaufert, Pope-Roberts, Suder, Van Roy, Hilgenberg, Staskunas, Ballweg and Molepske Jr.. Referred to Committee on Health, Health Insurance, Privacy, Property Tax Relief, and Revenue.

SB388,2,2 An Act to repeal 460.04 (3), 460.04 (4), 460.05 (3), 460.14 (4) and 460.15 (2); to renumber and amend 15.407 (7), 460.01 (1), 460.01 (2), 460.03, 460.04 (1), 460.06, 460.10 and 460.15 (1); to amend 15.08 (1m) (b), 146.81 (1) (hp), 146.997 (1) (d) 13., 180.1901 (1m) (ag), 252.15 (1) (ar) 1., 440.03 (13) (b) 38., 440.08 (2) (a) 46r., chapter 460 (title), 460.01 (3), 460.01 (4), 460.02, 460.04 (title), 460.04 (2) (intro.), (a), (b) and (e), 460.05 (title), 460.05 (1) (intro.), 460.05 (1) (c), 460.05 (1) (e), 460.05 (1) (g), 460.05 (2), 460.07 (1), 460.07 (2) (intro.), 460.07 (2) (c), 460.07 (2) (d), 460.09, 460.11, 460.12 (1), (2), (3), (4) and (5) (b), 460.13, 460.14 (1), 460.14 (2) (intro.), 460.14 (2) (a), 460.14 (2) (b), 460.14 (2) (e), 460.14 (2) (h), 460.14 (2m) (intro.), 460.14 (3), 460.17 and 895.48 (1m) (a) (intro.) and 2.; and to create 15.405 (6r) (a) 2., 460.01 (1g), 460.03 (1m) (c), 460.03 (2m), 460.04 (1m), 460.04 (2) (f), 460.04 (2) (g), 460.08, 460.095 and 460.10 (1) (b) of the statutes; relating to: changes to the regulation of massage therapy and bodywork, creating the Massage Therapy and Bodywork Therapy Examining Board, and granting rule-making authority.

Analysis by the Legislative Reference Bureau

This bill makes a number of changes to the regulation of massage therapists and bodyworkers.

Under current law, a person may be certified as a massage therapist or bodyworker by the Department of Regulation and Licensing (department). The department is served in an advisory capacity by the Massage Therapy and Bodywork Council, which reviews and may comment on any rules proposed by the department. The council consists of seven members who are certified as massage therapists or bodyworkers.

The bill creates a Massage Therapy and Bodywork Therapy Examining Board (board) in the department and transfers rule-making powers to the board. The bill directs the board to license, not certify, persons who fulfill the requirements for licensure as massage therapists or bodyworker therapists. The bill also permits the board to grant a temporary license to practice massage therapy or bodywork therapy for a period not to exceed six months, and requires the board to establish requirements for temporary licensure by rule.

This bill changes uses of the term, "massage therapy or bodywork," to "massage therapy" or "bodywork therapy," and changes uses of the term, "bodyworker," to "bodywork therapist."

The bill requires one of the seven members of the board to be a representative of a massage therapy or bodywork therapy school approved by the Educational Approval Board, and one member of the board to be a representative of a massage therapy or bodywork therapy program offered by a technical college in this state. No other members of the board may be affiliated with a massage therapy or bodywork therapy school or program. The bill also requires one member of the board to be a member of the public.

Current law prohibits a person who is not certified by the department from designating himself or herself as a massage therapist or bodyworker or using any title that represents that he or she is certified. With one exception noted below, this bill permits persons who are exempt from the licensing requirement to use the terms, "bodywork," "bodyworker," and "bodywork therapy" to identify his or her practice. The bill also creates the following two new exemptions from the licensing requirement:

1. A person who manipulates only the soft tissue of the hands, feet, and ears. Persons who fall under this exemption may not represent or imply that their services are massage therapy or bodywork therapy.

2. A person whose practice involves the use of touch or touch and movement to assist and bring body awareness to his or her clients and who is recognized by a professional organization or credentialing association after that person has demonstrated an adequate level of training and competency.

Under current law, an applicant for certification must have passed an examination offered by the National Certification Board for Therapeutic Massage and Bodywork or an examination administered by the National Commission for Certifying Agencies. This bill requires an applicant for licensure to achieve a passing grade on a nationally administered entry-level competency examination for therapeutic massage and bodywork therapy that meets generally accepted psychometric principles and standards or a substantially equivalent examination approved by the board. The bill also requires all applicants for a license to pass an examination on state laws and rules governing massage therapy and bodywork therapy. The bill requires the board to prepare the state examination. The bill further requires massage therapy and bodywork therapy schools in Wisconsin to provide and require as a prerequisite to graduation the completion of a course on the state laws and rules and to administer, require as a prerequisite to graduation, and grade the state examination.

Under current law, there are no requirements governing massage therapy or bodywork therapy instructors in Wisconsin. This bill requires instructors teaching courses in anatomy, physiology, kinesiology, and pathology at a school of massage therapy or bodywork therapy to have completed two years of post-secondary education and training or to have professional training and two years of experience in a health-related field. The bill also requires instructors teaching courses in the theory and practice of massage therapy or bodywork therapy at a school of massage therapy or bodywork therapy to be licensed as a massage therapist or bodywork therapist and either two years as a practicing professional or formal education and training as a massage therapy or bodywork therapy instructor.

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

SB388, s. 1 Section 1. 15.08 (1m) (b) of the statutes is amended to read:

SB388,4,2 15.08 (1m) (b) The public members of the chiropractic examining board, the dentistry examining board, the hearing and speech examining board, the medical examining board, perfusionists examining council, respiratory care practitioners examining council and council on physician assistants, the board of nursing, the massage therapy and bodywork therapy examining board, the nursing home administrator examining board, the veterinary examining board, the optometry examining board, the pharmacy examining board, the marriage and family therapy, professional counseling, and social work examining board, and the psychology examining board shall not be engaged in any profession or occupation concerned with the delivery of physical or mental health care.

SB388, s. 2 Section 2. 15.405 (6r) (a) 2. of the statutes is created to read:

SB388,4,4 15.405 (6r) (a) 2. One public member.

SB388, s. 3 Section 3. 15.407 (7) of the statutes is renumbered 15.405 (6r), and 15.405 (6r) (a) and (b) (intro.), 2. and 3., as renumbered, are amended to read:

SB388,4,11 15.405 (6r) Massage therapy and bodywork council therapy examining board. (a) There is created a massage therapy and bodywork council therapy examining board in the department of regulation and licensing, serving the department in an advisory capacity. The council examining board shall consist of the following 7 members, appointed for 4-year terms, who are:

SB388,4,20 1. Six massage therapists or bodyworkers certified bodywork therapists licensed under ch. 460 and who have engaged in the practice of massage therapy or bodywork therapy for at least 2 years preceding appointment. One member appointed under this subdivision shall be a representative of a massage therapy or bodywork therapy school approved by the educational approval board under s. 38.50. One member appointed under this subdivision shall be a representative of a massage therapy or bodywork therapy program offered by a technical college in this state. No other members appointed under this subdivision shall be directly or indirectly affiliated with a massage therapy or bodywork therapy school or program.

SB388,4,23 (b) (intro.) In appointing members under par. (a), the governor shall ensure, to the maximum extent practicable, that the membership of the council examining board is diverse, based on all of the following factors:

SB388,4,25 2. Affiliation and nonaffiliation with a professional association for the practice of massage therapy or bodywork therapy.

SB388,5,2 3. Professional associations with which massage therapists or bodyworkers bodywork therapists in this state are affiliated.

SB388, s. 4 Section 4. 146.81 (1) (hp) of the statutes is amended to read:

SB388,5,5 146.81 (1) (hp) A massage therapist or bodyworker certified bodywork therapist licensed under ch. 460.

SB388, s. 5 Section 5. 146.997 (1) (d) 13. of the statutes is amended to read:

SB388,5,8 146.997 (1) (d) 13. A massage therapist or bodyworker bodywork therapist issued a certificate licensed under ch. 460.

SB388, s. 6 Section 6. 180.1901 (1m) (ag) of the statutes is amended to read:

SB388,5,11 180.1901 (1m) (ag) The department of regulation and licensing massage therapy and bodywork therapy examining board under ch. 460.

SB388, s. 7 Section 7. 252.15 (1) (ar) 1. of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB388,5,16 252.15 (1) (ar) 1. A person or entity that is specified in s. 146.81 (1) (a) to (hm) and (i) to (p), but does not include a massage therapist or bodyworker issued a certificate under ch. 460.

SB388, s. 8 Section 8. 440.03 (13) (b) 38. of the statutes is amended to read:

SB388,5,18 440.03 (13) (b) 38. Massage therapist or bodyworker bodywork therapist.

SB388, s. 9 Section 9. 440.08 (2) (a) 46r. of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

SB388,5,22 440.08 (2) (a) 46r. Massage therapist or bodyworker bodywork therapist: March 1 of each odd-numbered year.

SB388, s. 10 Section 10. Chapter 460 (title) of the statutes is amended to read:

SB388,5,24 CHAPTER 460

SB388,6,2 Massage therapy and bodywork therapy

SB388, s. 11 Section 11. 460.01 (1) of the statutes is renumbered 460.01 (2m) and amended to read:

SB388,6,6 460.01 (2m) "Certificate License holder" means a person granted a certificate license under this chapter.

SB388, s. 12 Section 12. 460.01 (1g) of the statutes is created to read:

SB388,6,8 460.01 (1g) "Adjunctive therapy" means any of the following:

SB388,6,9 (a) The use of a device that simulates or enhances a manual action.

SB388,6,11 (b) The application of water, lubricants, or other nonprescription topical agents to the skin.

SB388,6,13 (c) The application of heat or cold to the skin in the absence of an electromagnetic device.

SB388, s. 13 Section 13. 460.01 (2) of the statutes is renumbered 460.01 (1r) and amended to read:

SB388,6,17 460.01 (1r) "Council Examining Board" means the massage therapy and bodywork council therapy examining board.

SB388, s. 14 Section 14. 460.01 (3) of the statutes is amended to read:

SB388,6,22 460.01 (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 without joint mobilization or manipulation.

SB388, s. 15 Section 15. 460.01 (4) of the statutes is amended to read:

SB388,7,7 460.01 (4) "Massage therapy" or "bodywork therapy" means the science and healing art that uses manual actions and adjunctive therapies to palpate and manipulate the soft tissue of the human body, in order to improve circulation, reduce tension, relieve soft tissue pain, or increase flexibility, and. "Massage therapy" or "bodywork therapy" includes determining whether massage therapy or bodywork is manual actions and adjunctive therapies are appropriate or contraindicated, or whether a referral to another health care practitioner is appropriate. "Massage therapy" or "bodywork therapy" does not include making a medical, physical therapy, or chiropractic diagnosis.

SB388, s. 16 Section 16. 460.02 of the statutes is amended to read:

SB388,7,18 460.02 Certificate License required. Except as provided in s. 460.03, no person may provide massage therapy or bodywork therapy, designate himself or herself as a massage therapist or bodyworker bodywork therapist, or use or assume the title "massage therapist and bodyworker bodywork therapist" or "massage therapist" or "bodyworker bodywork therapist" or any title that includes "massage therapist"," "bodywork therapist," or "bodyworker," or append to the person's name the letters "M.T.," "R.M.T.," "L.M.T.," "C.M.T.," "B.W," "B.T.," "B.W.," "L.B.W.," "R.B.W.," or "C.B.W.," or use any other title or designation that represents or may tend to represent that he or she is certified licensed under this chapter, unless the person is certified licensed under this chapter.

SB388, s. 17 Section 17. 460.03 of the statutes is renumbered 460.03 (1m) and amended to read:

SB388,7,22 460.03 (1m) A certificate license under this chapter is not required for any of the following:

SB388,8,4 (a) 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 therapy within the scope of his or her license, permit, registration, or certification and who does not imply that he or she is certified licensed under this chapter. 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.

SB388,8,9 (b) A person who is authorized to practice massage therapy or bodywork therapy in another state or country and is providing a consultation to or demonstration with a certificate license holder. 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. 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: