CHAPTER 460
Massage therapy and bodywork
460.02 Certificate required.
460.04 Duties of department.
460.05 Certification of massage therapists or bodyworkers.
460.07 Display of certificate; expiration and renewal.
460.09 Reciprocal certificate.
460.10 Continuing education.
460.11 Practice requirements.
460.12 Duty to make reports.
460.14 Disciplinary proceedings and actions.
Ch. 460 Cross-reference
Cross Reference: See also chs.
RL 90,
91,
92,
93, and
94, Wis. adm. code.
460.01
460.01
Definitions. In this chapter:
460.01(1)
(1) "Certificate holder" means a person granted a certificate under this chapter.
460.01(2)
(2) "Council" means the massage therapy and bodywork council.
460.01(3)
(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.
460.01(4)
(4) "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, in order 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 or chiropractic diagnosis.
Effective date note
NOTE: This section is created eff. 3-1-03 by
2001 Wis. Act 74.
460.01 History
History: 2001 a. 74.
460.02
460.02
Certificate required. Except as provided in
s. 460.03, no person may 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 any title that includes "massage therapist" or "bodyworker," or append to the person's name the letters "M.T.," "C.M.T.," "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 under this chapter, unless the person is certified under this chapter.
Effective date note
NOTE: This section is created eff. 3-1-03 by
2001 Wis. Act 74.
460.02 History
History: 2001 a. 74.
460.03
460.03
Applicability. A certificate under this chapter is not required for any of the following:
460.03(1)
(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 certified under this chapter.
460.03(2)
(2) A person who is authorized to practice massage therapy or bodywork in another state or country and is providing a consultation to or demonstration with a certificate holder.
Effective date note
NOTE: This section is created eff. 3-1-03 by
2001 Wis. Act 74.
460.03 History
History: 2001 a. 74.
460.03 Cross-reference
Cross Reference: See also chs.
RL 90,
91,
92,
93, and
94, Wis. adm. code.
460.04
460.04
Duties of department. 460.04(1)
(1) The department shall assign a unique certificate number to each person certified under this chapter.
460.04(2)
(2) The department shall promulgate rules that establish all of the following:
460.04(2)(a)
(a) Standards that govern the professional conduct of certificate holders in practicing massage therapy or bodywork. The standards shall prohibit a certificate holder from having sexual contact or sexual intercourse with a client.
460.04(2)(b)
(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 consist of at least 600 classroom hours.
460.04(2)(c)
(c) Requirements and procedures for obtaining the informed consent of a client under
s. 460.11 (1) and for making a report required under
s. 460.12 (1).
460.04(3)
(3) In addition to any other procedure under
ch. 227 relating to the promulgation of rules, when promulgating a rule under this chapter, other than an emergency rule under
s. 227.24, the department shall do all of the following:
460.04(3)(a)
(a) Submit the proposed rule to the massage therapy and bodywork council at least 60 days before the proposed rule is submitted to the legislative council staff under
s. 227.15 (1).
460.04(3)(b)
(b) Consider any comments on a proposed rule made by the council, if the council submits the comments to the department within 30 days after a public hearing on the proposed rule under
s. 227.18 or, if no hearing is held, within 30 days after the proposed rule is published under
s. 227.16 (2) (e).
460.04(3)(c)
(c) Include, in the report submitted to the legislature under
s. 227.19 (2), any comments on the proposed rule submitted by the council under
par. (b) and the department's responses to those comments.
460.04(4)
(4) When promulgating emergency rules under
s. 227.24, the department shall provide a copy of the rules to the council prior to publication of the rules in the official state newspaper.
Effective date note
NOTE: This section is created eff. 3-1-03 by
2001 Wis. Act 74.
460.04 History
History: 2001 a. 74.
460.04 Cross-reference
Cross Reference: See also chs.
RL 90,
91,
92,
93, and
94, Wis. adm. code.
460.05
460.05
Certification of massage therapists or bodyworkers. 460.05(1)(1) The department shall grant a certificate as a massage therapist or bodyworker to a person who satisfies all of the following:
460.05(1)(b)
(b) The person has graduated from high school or attained high school graduation equivalency as determined by the department of public instruction under
s. 115.29 (4).
460.05(1)(c)
(c) The person submits an application for the certificate to the department on a form provided by the department.
460.05(1)(e)
(e) Except as provided in
sub. (2), the person submits evidence satisfactory to the department that he or she has done all of the following:
460.05(1)(e)1.
1. Graduated from a school of massage therapy or bodywork approved by the educational approval board under
s. 45.54 or completed a training program approved by the department under the rules promulgated under
s. 460.04 (2) (b).
460.05(1)(e)2.
2. Completed at least 6 classroom hours in the laws of this state and rules of the department relating to the practice of massage therapy or bodywork in a course of instruction approved by the department.
460.05(1)(g)
(g) The person submits evidence satisfactory to the department 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.
460.05(1)(h)
(h) The person has not been convicted of any of the following:
460.05(1)(h)1.
1. An offense under
s. 940.22,
940.225,
944.15,
944.17,
944.30,
944.31,
944.32,
944.33,
944.34,
948.02,
948.025,
948.08,
948.09,
948.095, or
948.10.
460.05(1)(h)2.
2. An offense under federal law or a law of any other state that is comparable to an offense under
subd. 1.
460.05(2)
(2) The department may waive a requirement specified in
sub. (1) (e) if a person establishes, to the satisfaction of the department, that he or she has education, training, or other experience that is substantially equivalent to the requirement.
460.05(3)
(3) After April 1, 2005, the department shall grant a certificate as a massage therapist or bodyworker to a person if the educational approval board notifies the department that the educational approval board has determined all of the following:
460.05(3)(a)
(a) That the person submitted an application to the educational approval board on a form provided by the educational approval board that describes the person's education, training, and experience in the practice of massage therapy or bodywork and includes evidence satisfactory to the educational approval board of all of the following:
460.05(3)(a)2.
2. That the person graduated from high school or attained high school graduation equivalency as determined by the department of public instruction under
s. 115.29 (4).
460.05(3)(a)3.
3. That, during the 2-year period after March 1, 2003, the person was actively engaged in the practice of massage therapy or bodywork.
460.05(3)(a)4.
4. That the person 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.
460.05(3)(b)
(b) That the person included with the application under
par. (a) an attestation that the person only recently became aware of the requirements of this chapter.
460.05(3)(d)
(d) That the person's education, training, and experience in the practice of massage therapy or bodywork is substantially equivalent to the education required under
sub. (1) (e).
460.05(3)(e)
(e) That the person has not been convicted of any of the following:
460.05(3)(e)1.
1. An offense under
s. 940.22,
940.225,
944.15,
944.17,
944.30,
944.31,
944.32,
944.33,
944.34,
948.02,
948.025,
948.08,
948.09,
948.095, or
948.10.
460.05(3)(e)2.
2. An offense under federal law or a law of any other state that is comparable to an offense under
subd. 1.
Effective date note
NOTE: This section is created eff. 3-1-03 by
2001 Wis. Act 74.
460.05 History
History: 2001 a. 74.
