AB726,469
8Section
469. 460.01 (6) of the statutes is renumbered 464.60 (7).
AB726,470
9Section
470. 460.01 (7) of the statutes is renumbered 464.60 (8).
AB726,471
10Section
471. 460.02 (title) of the statutes is renumbered 464.61 (title).
AB726,472
11Section
472. 460.02 of the statutes is renumbered 464.61 (1) and amended to
12read:
AB726,117,2213
464.61
(1) Except as provided in
s. 460.03 sub. (2), no person may provide
14massage therapy or bodywork therapy, designate himself or herself as a massage
15therapist or bodywork therapist or masseur or masseuse, or use or assume the title
16"massage therapist and bodywork therapist" or "massage therapist" or "bodywork
17therapist" or "masseur" or "masseuse" or any title that includes "massage therapist,"
18"bodywork therapist," or "bodyworker," or append to the person's name the letters
19"M.T.," "R.M.T.," "L.M.T.," "C.M.T.," "B.T.," "B.W.," "L.B.W.," "R.B.W.," or "C.B.W.,"
20or use any other title or designation that represents or may tend to represent that
21he or she is licensed under this
chapter subchapter, unless the person is licensed
22under this
chapter subchapter.
AB726,473
23Section
473. 460.03 (title) of the statutes is repealed.
AB726,474
24Section
474. 460.03 of the statutes is renumbered 464.61 (2), and 464.61 (2)
25(intro.), (a), (b) and (bm) 1. (intro.) and 3., as renumbered, are amended to read:
AB726,118,2
1464.61
(2) (intro.) A license under this
chapter subchapter is not required for
2any of the following:
AB726,118,93
(a) A person holding a license, permit, registration, or certification granted by
4this state or the federal government who engages in a practice of massage therapy
5or bodywork therapy within the scope of his or her license, permit, registration, or
6certification and who does not imply that he or she is licensed under this
chapter 7subchapter. A person who is exempt from licensure under this
subsection paragraph 8may use the terms "bodywork," "bodyworker," and "bodywork therapy" to identify his
9or her practice.
AB726,118,1410
(b) A person who is authorized to practice massage therapy or bodywork
11therapy in another state or country and is providing a consultation to or
12demonstration with a license holder. A person who is exempt from licensure under
13this
subsection paragraph may use the terms "bodywork," "bodyworker," and
14"bodywork therapy" to identify his or her practice.
AB726,118,1615
(bm) 1. (intro.) A person who does any of the following and who satisfies the
16requirements of
par. (b) subd. 2.:
AB726,118,1917
3. A person who is exempt from licensure under this
subsection paragraph may
18use the terms "bodywork," "bodyworker," and "bodywork therapy" to identify his or
19her practice.
AB726,475
20Section
475. 460.04 (title) of the statutes is renumbered 464.62 (title) and
21amended to read:
AB726,118,22
22464.62 (title)
Duties of affiliated credentialing examining board.
AB726,476
23Section
476. 460.04 (1m) of the statutes is renumbered 464.62 (intro.) and
24amended to read:
AB726,119,2
1464.62 (intro.) The
affiliated credentialing examining board shall
prepare do
2all of the following:
AB726,119,4
3(1) Prepare an examination on state laws and administrative rules governing
4massage therapy and bodywork therapy.
AB726,477
5Section
477. 460.04 (2) of the statutes is renumbered 464.62 (2), and 464.62
6(2) (intro.), (b), (c), (d), (e), (f) and (g), as renumbered, are amended to read:
AB726,119,87
464.62
(2) (intro.)
The affiliated credentialing board shall promulgate 8Promulgate rules that establish all of the following:
AB726,119,129
(b) Criteria for approving a training program for purposes of s.
460.05 464.63 10(1) (e) 1. Rules promulgated under this paragraph shall require the training program
11to meet the requirements under s.
460.095 464.73 and to consist of at least 600
12classroom hours.
AB726,119,1513
(c) Requirements and procedures for obtaining the informed consent of a client
14under s.
460.11 464.69 (1) and for making a report required under s.
460.12 464.70 15(1).
AB726,119,1716
(d) A definition of "sexually oriented business" for purposes of s.
460.11 464.69 17(3).
AB726,119,2218
(e) A requirement that an applicant for a license under this
chapter subchapter 19submit evidence satisfactory to the
affiliated credentialing examining board that the
20applicant has current proficiency in the use of an automated external defibrillator
21achieved through instruction provided by an individual, organization, or institution
22of higher education approved under s. 46.03 (38) to provide such instruction.
AB726,120,323
(f) Requirements to be satisfied by a person seeking a temporary license under
24s.
460.08 464.67. The rules promulgated under this
subsection paragraph shall
25require the person to be a graduate of a massage therapy or bodywork therapy school
1or program and may require the holder of a temporary license to make disclosures
2to clients and to practice under the supervision of a massage therapist or bodywork
3therapist licensed under this
chapter subchapter.
AB726,120,64
(g) A requirement that an applicant for a license under this
chapter subchapter 5pass an examination on state laws and administrative rules governing massage
6therapy and bodywork therapy.
AB726,478
7Section
478. 460.05 (1) of the statutes is renumbered 464.63 (1) and 464.63
8(1) (intro.), (c), (e), (f) and (g), as renumbered, are amended to read:
AB726,120,119
464.63
(1) (intro.) The
affiliated credentialing examining board shall grant a
10license as a massage therapist or bodywork therapist to a person who satisfies all of
11the following:
AB726,120,1412
(c) The person submits an application for the license to the
affiliated
13credentialing examining board on a form provided by the
affiliated credentialing 14examining board.
AB726,120,1715
(e) Except as provided in sub. (2), the person submits evidence satisfactory to
16the
affiliated credentialing examining board that he or she has done all of the
17following:
AB726,120,2218
1. Graduated from a school of massage therapy or bodywork therapy approved
19by the educational approval board under s. 38.50 that meets the requirements under
20s.
460.095 464.73 or completed a training program approved by the
affiliated
21credentialing examining board under the rules promulgated under s.
460.04 464.62 22(2) (b).
AB726,121,223
2. Completed at least 6 classroom hours in the laws of this state and rules of
24the
affiliated credentialing examining board relating to the practice of massage
1therapy or bodywork therapy in a course of instruction approved by the
affiliated
2credentialing examining board.
AB726,121,33
(f) The person passes the examinations under s.
460.06 464.64.
AB726,121,74
(g) The person submits evidence satisfactory to the
affiliated credentialing 5examining board that he or she has in effect malpractice liability insurance coverage
6in an amount that is not less than $1,000,000 per occurrence and $1,000,000 for all
7occurrences in one year.
AB726,479
8Section
479. 460.05 (2) of the statutes is renumbered 464.63 (2) and amended
9to read:
AB726,121,1310
464.63
(2) The
affiliated credentialing examining board may waive a
11requirement specified in sub. (1) (e) if a person establishes, to the satisfaction of the
12affiliated credentialing examining board, that he or she has education, training, or
13other experience that is substantially equivalent to the requirement.
AB726,480
14Section
480. 460.05 (4) of the statutes is repealed.
AB726,481
15Section
481. 460.06 of the statutes is renumbered 464.64 and amended to
16read:
AB726,121,19
17464.64 Examinations. The
affiliated credentialing examining board may not
18grant a license under this
chapter subchapter unless the applicant achieves a
19passing grade on the following examinations:
AB726,121,23
20(1) A nationally administered, entry-level competency examination for
21therapeutic massage and bodywork therapy that meets generally accepted
22psychometric principles and standards or a substantially equivalent examination
23approved by the
affiliated credentialing examining board.
AB726,121,25
24(2) The examination on state laws and administrative rules governing
25massage therapy and bodywork therapy required under s.
460.04 464.62 (2) (g).
AB726,482
1Section
482. 460.07 (title) of the statutes is repealed.
AB726,483
2Section
483. 460.07 (1) of the statutes is renumbered 464.69 (4) and amended
3to read:
AB726,122,74
464.69
(4) Each person who is licensed under this chapter A license holder shall
5conspicuously display
the his or her license in the place of business where he or she
6practices massage therapy or bodywork therapy so that the license can easily be seen
7and read.
AB726,484
8Section
484. 460.07 (2) of the statutes is renumbered 464.65, and 464.65 (2),
9(3) and (4), as renumbered, are amended to read:
AB726,122,1110
464.65
(2) If applicable, proof of completion of continuing education under s.
11460.10 464.68.
AB726,122,15
12(3) Evidence satisfactory to the
affiliated credentialing examining board that
13the applicant has in effect malpractice liability insurance coverage in an amount that
14is not less than $1,000,000 per occurrence and $1,000,000 for all occurrences in one
15year.
AB726,122,20
16(4) Evidence satisfactory to the
affiliated credentialing examining board that
17the applicant has current proficiency in the use of an automated external
18defibrillator achieved through instruction provided by an individual, organization,
19or institution of higher education approved under s. 46.03 (38) to provide such
20instruction.
AB726,485
21Section
485. 460.08 of the statutes is renumbered 464.67 and amended to
22read:
AB726,123,2
23464.67 Temporary license. The
affiliated credentialing examining board
24may grant a temporary license for a period not to exceed 6 months to an applicant
1who satisfies the requirements established in the rules under s.
460.04 464.62 (2) (f).
2A temporary license may not be renewed.
AB726,486
3Section
486. 460.09 of the statutes is renumbered 464.66 and amended to
4read:
AB726,123,11
5464.66 Reciprocal license. Upon application and payment of the fee
6specified in s. 440.05 (2), the
affiliated credentialing examining board shall grant a
7massage therapist or bodywork therapist license to a person who holds a similar
8license in another state or territory of the United States or another country if the
9affiliated credentialing examining board determines that the requirements for
10receiving the license in the other state, territory, or country are substantially
11equivalent to the requirements under s.
460.05 464.63.
AB726,487
12Section
487. 460.095 of the statutes is renumbered 464.73, and 464.73 (2) and
13(4) (intro.), as renumbered, are amended to read:
AB726,123,1514
464.73
(2) Administer, score, and require
, as a prerequisite to graduation, the
15examination required under s.
460.06 464.64 (2).
AB726,123,19
16(4) (intro.) Ensure that each instructor hired by the school or training program
17on or after December 1, 2010, to teach courses in theory and the practice of massage
18therapy or bodywork therapy is licensed under this
chapter subchapter and has at
19least one of the following:
AB726,488
20Section
488. 460.10 of the statutes is renumbered 464.68, and 464.68 (1)
21(intro.) and (2), as renumbered, are amended to read:
AB726,123,2322
464.68
(1) (intro.) The
affiliated credentialing examining board may
23promulgate rules establishing all of the following:
AB726,124,2
24(2) The
affiliated credentialing
examining board may waive all or part of any
25requirement established in rules promulgated under sub. (1) (a) if it determines that
1prolonged illness, disability, or other exceptional circumstances have prevented a
2license holder from completing the requirement.
AB726,489
3Section
489. 460.11 of the statutes is renumbered 464.69, and 464.69 (title)
4and (3), as renumbered, are amended to read:
AB726,124,5
5464.69 (title)
Practice requirements and restrictions.
AB726,124,8
6(3) A license holder may not, whether for compensation or not, practice
7massage therapy or bodywork therapy for a sexually oriented business, as defined
8by the
affiliated credentialing examining board by rule.
AB726,490
9Section
490. 460.12 of the statutes is renumbered 464.70, and 464.70 (1), (2),
10(3), (4) and (5) (b), as renumbered, are amended to read:
AB726,124,17
11464.70 Duty to make reports. (1) A license holder shall submit a report to
12the
affiliated credentialing examining board if he or she has reasonable cause to
13believe that another license holder has committed a crime relating to prostitution
14under ss. 944.30 to 944.34 or has had sexual contact or sexual intercourse with a
15client. If the report relates to sexual contact or sexual intercourse with a client, the
16report may not identify the client unless the client has provided written consent for
17disclosure of this information.
AB726,124,24
18(2) The
affiliated credentialing
examining board may use a report made under
19sub. (1) as the basis for an investigation under s.
460.14 464.71 (1). If, after an
20investigation, the
affiliated credentialing examining board has reasonable cause to
21believe that a license holder has committed a crime, the
affiliated credentialing 22examining board shall report the belief to the district attorney for the county in
23which the crime, in the opinion of the
affiliated credentialing examining board,
24occurred.
AB726,125,4
1(3) If, after an investigation, the
affiliated credentialing examining board
2determines that a report submitted under sub. (1) is without merit, the
affiliated
3credentialing examining board shall remove the report from the record of the license
4holder who is the subject of the report.
AB726,125,18
5(4) All reports and records made from reports under sub. (1) and maintained
6by the
affiliated credentialing examining board, the department, district attorneys,
7and other persons, officials, and institutions shall be confidential and are exempt
8from disclosure under s. 19.35 (1). Information regarding the identity of a client with
9whom a license holder is suspected of having sexual contact or sexual intercourse
10shall not be disclosed by persons who have received or have access to a report or
11record unless disclosure is consented to in writing by the client. The report of
12information under sub. (1) and the disclosure of a report or record under this
13subsection does not violate any person's responsibility for maintaining the
14confidentiality of patient health care records, as defined in s. 146.81 (4) and as
15required under s. 146.82. Reports and records may be disclosed only to the
affiliated
16credentialing examining board, the department, and the appropriate staff of a
17district attorney or a law enforcement agency within this state for purposes of
18investigation or prosecution.
AB726,126,2
19(5) (b) A license holder shall submit a written report to the
affiliated
20credentialing examining board if he or she is convicted of a felony or misdemeanor,
21or is found to have committed a violation, in this state or elsewhere, and if the
22circumstances of the felony, misdemeanor, or violation substantially relate to the
23practice of massage therapy or bodywork therapy. The report shall identify the date,
24place, and nature of the conviction or finding and shall be submitted within 30 days
25after the entry of the judgment of conviction or the judgment finding that he or she
1committed the violation. If the report is submitted by mail, the report is considered
2to be submitted on the date that it is mailed.
AB726,491
3Section
491. 460.13 (title) of the statutes is repealed.
AB726,492
4Section
492. 460.13 of the statutes is renumbered 464.69 (5) and amended to
5read:
AB726,126,106
464.69
(5) Except as provided in s.
460.03 (1) and (2) 464.61 (2) (a) and (b), a
7license holder may not advertise that he or she practices massage therapy or
8bodywork therapy unless the advertisement includes a statement that the license
9holder is a "licensed massage therapist and bodywork therapist" or "licensed
10massage therapist" or "licensed bodywork therapist."
AB726,493
11Section
493. 460.14 of the statutes is renumbered 464.71, and 464.71 (1), (2)
12(intro.), (f), (g) and (j), (2m) (intro.) and (3), as renumbered, are amended to read:
AB726,126,1613
464.71
(1) Subject to the rules promulgated under s. 440.03 (1), the
affiliated
14credentialing examining board may make investigations and conduct hearings to
15determine whether a violation of this
chapter subchapter or any rule promulgated
16under this
chapter subchapter has occurred.
AB726,126,20
17(2) (intro.) Subject to the rules promulgated under s. 440.03 (1), the
affiliated
18credentialing examining board may reprimand a license holder or deny, limit,
19suspend, or revoke a license under this
chapter subchapter if it finds that the
20applicant or license holder has done any of the following:
AB726,126,2221
(f) Intentionally made a false statement in a report submitted under s.
460.12 22464.70 (1).
AB726,126,2423
(g) Engaged in unprofessional conduct in violation of the standards established
24in rules promulgated under s.
460.04 464.62 (2) (a).
AB726,127,2
1(j) Violated this
chapter subchapter or any rule promulgated under this
chapter 2subchapter.
AB726,127,5
3(2m) (intro.) Subject to the rules promulgated under s. 440.03 (1), the
affiliated
4credentialing examining board shall revoke a license under this
chapter subchapter 5if the license holder is convicted of any of the following:
AB726,127,8
6(3) The
affiliated credentialing
examining board may restore a license that has
7been suspended or revoked on such terms and conditions as the
affiliated
8credentialing examining board may deem appropriate.
AB726,494
9Section
494. 460.15 of the statutes is renumbered 464.74 and amended to
10read:
AB726,127,13
11464.74 Penalty Violations and penalty. Any person who violates this
12chapter subchapter or any rule promulgated under this
chapter subchapter shall
13forfeit not more than $1,000 for each violation.
AB726,495
14Section
495. 460.17 of the statutes is renumbered 66.0440 and amended to
15read:
AB726,127,24
1666.0440 Local regulation Massage and bodywork therapy. A city, village,
17town, or county may not enact an ordinance that regulates the practice of massage
18therapy or bodywork therapy
, as defined in s. 464.60 (5), by a person who is licensed
19by the
affiliated credentialing medical therapy examining board under
this chapter 20subch. IV of ch. 464. No provision of any ordinance enacted by a city, village, town,
21or county that is in effect before February 1, 1999, and that relates to the practice of
22massage therapy or bodywork therapy, may be enforced against a person who is
23licensed by the
affiliated credentialing medical therapy examining board under
this
24chapter subch. IV of ch. 464.
AB726,496
25Section
496. 462.01 (1) of the statutes is amended to read:
AB726,128,1
1462.01
(1) "Board" means the
radiography medical examining board.
AB726,497
2Section
497. 462.02 (2) (f) of the statutes is amended to read:
AB726,128,63
462.02
(2) (f) A podiatrist licensed under s. 448.63 or a person under the direct
4supervision of such a podiatrist, if the person has successfully completed a course of
5instruction approved by the
podiatrists affiliated credentialing board related to
6X-ray examinations under s. 448.695 (3).
AB726,498
7Section
498. Chapter 464 (title) of the statutes is created to read:
AB726,128,99
Medical therapy examining board
AB726,499
10Section
499. Subchapter I (title) of chapter 464 [precedes 464.01] of the
11statutes is created to read: