AB588,10,1611 460.04 (2) (f) Requirements to be satisfied by a person seeking a temporary
12license under s. 460.08. The rules promulgated under this subsection shall require
13the person to be a graduate of a massage therapy or bodywork therapy school or
14program and may require the holder of a temporary license to make disclosures to
15clients and to practice under the supervision of a massage therapist or bodywork
16therapist licensed under this chapter.
AB588, s. 25 17Section 25. 460.04 (2) (g) of the statutes is created to read:
AB588,10,2018 460.04 (2) (g) A requirement that an applicant for a license under this chapter
19pass an examination on state laws and administrative rules governing massage
20therapy and bodywork therapy.
AB588, s. 26 21Section 26. 460.04 (3) of the statutes is repealed.
AB588, s. 27 22Section 27. 460.04 (4) of the statutes is repealed.
AB588, s. 28 23Section 28. 460.05 (title) of the statutes is amended to read:
AB588,10,25 24460.05 (title) Certification Licensure of massage therapists or
25bodyworkers and bodywork therapists .
AB588, s. 29
1Section 29. 460.05 (1) (intro.) of the statutes is amended to read:
AB588,11,42 460.05 (1) (intro.) The department examining board shall grant a certificate
3license as a massage therapist or bodyworker bodywork therapist to a person who
4satisfies all of the following:
AB588, s. 30 5Section 30. 460.05 (1) (c) of the statutes is amended to read:
AB588,11,86 460.05 (1) (c) The person submits an application for the certificate license to
7the department examining board on a form provided by the department examining
8board
.
AB588, s. 31 9Section 31. 460.05 (1) (e) of the statutes is amended to read:
AB588,11,1210 460.05 (1) (e) Except as provided in sub. (2), the person submits evidence
11satisfactory to the department examining board that he or she has done all of the
12following:
AB588,11,1613 1. Graduated from a school of massage therapy or bodywork therapy approved
14by the educational approval board under s. 38.50 that meets the requirements under
15s. 460.095
or completed a training program approved by the department examining
16board
under the rules promulgated under s. 460.04 (2) (b).
AB588,11,2017 2. Completed at least 6 classroom hours in the laws of this state and rules of
18the department examining board relating to the practice of massage therapy or
19bodywork therapy in a course of instruction approved by the department examining
20board
.
AB588, s. 32 21Section 32. 460.05 (1) (g) of the statutes is amended to read:
AB588,11,2522 460.05 (1) (g) The person submits evidence satisfactory to the department
23examining board that he or she has in effect malpractice liability insurance coverage
24in an amount that is not less than $1,000,000 per occurrence and $1,000,000 for all
25occurrences in one year.
AB588, s. 33
1Section 33. 460.05 (2) of the statutes is amended to read:
AB588,12,52 460.05 (2) The department examining board may waive a requirement
3specified in sub. (1) (e) if a person establishes, to the satisfaction of the department
4examining board, that he or she has education, training, or other experience that is
5substantially equivalent to the requirement.
AB588, s. 34 6Section 34. 460.05 (3) of the statutes is repealed.
AB588, s. 35 7Section 35. 460.06 of the statutes is renumbered 460.06 (intro.) and amended
8to read:
AB588,12,11 9460.06 Examinations. (intro.) The department examining board may not
10grant a certificate license under this chapter unless the applicant passes achieves a
11passing grade on
the national certification following examinations:
AB588,12,19 12(1) A nationally administered, entry-level competency examination for
13therapeutic massage and bodywork therapy that is offered by the National
14Certification Board for Therapeutic Massage and Bodywork or an examination
15relating to the practice of massage therapy or bodywork that is administered by a
16national board that is accredited by the National Commission for Certifying
17Agencie
s meets generally accepted psychometric principles and standards or a
18substantially equivalent examination approved by the department examining
19board
.
AB588,12,22 20(2) The department shall promulgate rules that also require an applicant to
21pass an examination on state laws and administrative rules governing massage
22therapy or and bodywork therapy required under s. 460.04 (2) (g).
AB588, s. 36 23Section 36. 460.07 (1) of the statutes is amended to read:
AB588,13,224 460.07 (1) Each person who is certified licensed under this chapter shall
25conspicuously display the certificate license in the place of business where he or she

1practices massage therapy or bodywork therapy so that the certificate license can
2easily be seen and read.
AB588, s. 37 3Section 37. 460.07 (2) (intro.) of the statutes is amended to read:
AB588,13,74 460.07 (2) (intro.) The renewal dates for certificates granted under this chapter
5are specified under s. 440.08 (2) (a).
Renewal applications shall be submitted to the
6department on a form provided by the department on or before the applicable
7renewal date specified under s. 440.08 (2) (a)
and shall include all of the following:
AB588, s. 38 8Section 38. 460.07 (2) (c) of the statutes is amended to read:
AB588,13,129 460.07 (2) (c) Evidence satisfactory to the department examining board that
10the applicant has in effect malpractice liability insurance coverage in an amount that
11is not less than $1,000,000 per occurrence and $1,000,000 for all occurrences in one
12year.
AB588, s. 39 13Section 39. 460.07 (2) (d) of the statutes is amended to read:
AB588,13,1814 460.07 (2) (d) Evidence satisfactory to the department examining board that
15the applicant has current proficiency in the use of an automated external
16defibrillator achieved through instruction provided by an individual, organization,
17or institution of higher education approved under s. 46.03 (38) to provide such
18instruction.
AB588, s. 40 19Section 40. 460.08 of the statutes is created to read:
AB588,13,23 20460.08 Temporary license. The examining board may grant a temporary
21license for a period not to exceed 6 months to an applicant who satisfies the
22requirements established in the rules under s. 460.04 (2) (f). A temporary license
23may not be renewed.
AB588, s. 41 24Section 41. 460.09 of the statutes is amended to read:
AB588,14,7
1460.09 Reciprocal certificate. Upon application and payment of the fee
2specified in s. 440.05 (2), the department examining board shall grant a massage
3therapist or bodyworker certificate bodywork therapist license to a person who holds
4a similar certificate license in another state or territory of the United States or
5another country if the department examining board determines that the
6requirements for receiving the certificate license in the other state, territory, or
7country are substantially equivalent to the requirements under s. 460.05.
AB588, s. 42 8Section 42. 460.095 of the statutes is created to read:
AB588,14,12 9460.095 Massage therapy and bodywork therapy school, training
10program, and instructor requirements.
Each massage therapy or bodywork
11therapy school located in this state and each massage therapy or bodywork therapy
12training program offered in this state shall do all of the following:
AB588,14,15 13(1) Provide and require as a prerequisite to graduation completion of a course
14of instruction on state laws and regulations applicable to massage therapy and
15bodywork therapy.
AB588,14,17 16(2) Administer, score, and require as a prerequisite to graduation, the
17examination required under s. 460.06 (2).
AB588,14,20 18(3) Ensure that each instructor hired by the school or training program on or
19after the effective date of this subsection .... [LRB inserts date], to teach courses in
20anatomy, physiology, kinesiology, and pathology has at least one of the following:
AB588,14,2121 (a) Professional training and 2 years of experience in a health-related field.
AB588,14,2222 (b) Two years of post-secondary education and training.
AB588,15,2 23(4) Ensure that each instructor hired by the school or training program on or
24after the effective date of this subsection .... [LRB inserts date], to teach courses in

1theory and the practice of massage therapy or bodywork therapy is licensed under
2this chapter and has at least one of the following:
AB588,15,33 (a) Two years experience as a practicing professional.
AB588,15,54 (b) Formal education and training as a massage therapy or bodywork therapy
5instructor.
AB588, s. 43 6Section 43. 460.10 of the statutes is renumbered 460.10 (1) (intro.) and
7amended to read:
AB588,15,98 460.10 (1) (intro.) The department examining board may promulgate rules
9establishing requirements all of the following:
AB588,15,14 10(a) Requirements and procedures for a certificate license holder to complete
11continuing education programs or courses of study to qualify for renewal of his or her
12certificate license. The rules promulgated under this paragraph may not require a
13license holder to complete more than 24 hours of continuing education program or
14courses of study in order to qualify for renewal of his or her license
.
AB588,15,18 15(2) The department examining board may waive all or part of any requirement
16established in rules promulgated under this section sub. (1) (a) if it determines that
17prolonged illness, disability, or other exceptional circumstances have prevented a
18certificate license holder from completing the requirement.
AB588, s. 44 19Section 44. 460.10 (1) (b) of the statutes is created to read:
AB588,15,2120 460.10 (1) (b) Qualifications applicable to providers of continuing education
21programs and courses required under par. (a).
AB588, s. 45 22Section 45. 460.11 of the statutes is amended to read:
AB588,16,2 23460.11 Practice requirements. (1) A certificate license holder may not
24practice massage therapy or bodywork therapy on a client unless the certificate

1license holder first obtains the informed consent of the client and has informed the
2client that he or she may withdraw the consent at any time.
AB588,16,9 3(2) A certificate license holder shall keep confidential any information that a
4client in confidence gives to the certificate license holder and any other information
5that the certificate license holder obtains about a client in the course of practicing
6massage therapy or bodywork therapy that a reasonable person in the client's
7position would want kept confidential, unless the information is otherwise required
8by law to be disclosed or the client specifically authorizes the disclosure of the
9information.
AB588,16,12 10(3) A certificate license holder may not, whether for compensation or not,
11practice massage therapy or bodywork therapy for a sexually oriented business, as
12defined by the department examining board by rule.
AB588, s. 46 13Section 46. 460.12 (1), (2), (3), (4) and (5) (b) of the statutes are amended to
14read:
AB588,16,2115 460.12 (1) A certificate license holder shall submit a report to the department
16examining board if he or she has reasonable cause to believe that another certificate
17license holder has committed a crime relating to prostitution under ss. 944.30 to
18944.34 or has had sexual contact or sexual intercourse with a client. If the report
19relates to sexual contact or sexual intercourse with a client, the report may not
20identify the client unless the client has provided written consent for disclosure of this
21information.
AB588,17,2 22(2) The department examining board may use a report made under sub. (1) as
23the basis for an investigation under s. 460.14 (1). If, after an investigation, the
24department examining board has reasonable cause to believe that a certificate
25license holder has committed a crime, the department examining board shall report

1the belief to the district attorney for the county in which the crime, in the opinion of
2the department examining board, occurred.
AB588,17,6 3(3) If, after an investigation, the department examining board determines that
4a report submitted under sub. (1) is without merit, the department examining board
5shall remove the report from the record of the certificate license holder who is the
6subject of the report.
AB588,17,19 7(4) All reports and records made from reports under sub. (1) and maintained
8by the examining board, the department, district attorneys, and other persons,
9officials, and institutions shall be confidential and are exempt from disclosure under
10s. 19.35 (1). Information regarding the identity of a client with whom a certificate
11license holder is suspected of having sexual contact or sexual intercourse shall not
12be disclosed by persons who have received or have access to a report or record unless
13disclosure is consented to in writing by the client. The report of information under
14sub. (1) and the disclosure of a report or record under this subsection does not violate
15any person's responsibility for maintaining the confidentiality of patient health care
16records, as defined in s. 146.81 (4) and as required under s. 146.82. Reports and
17records may be disclosed only to the examining board, the department, and the
18appropriate staff of a district attorney or a law enforcement agency within this state
19for purposes of investigation or prosecution.
AB588,18,3 20(5) (b) A certificate license holder shall submit a written report to the
21department examining board if he or she is convicted of a felony or misdemeanor, or
22is found to have committed a violation, in this state or elsewhere, and if the
23circumstances of the felony, misdemeanor, or violation substantially relate to the
24practice of massage therapy or bodywork therapy. The report shall identify the date,
25place, and nature of the conviction or finding and shall be submitted within 30 days

1after the entry of the judgment of conviction or the judgment finding that he or she
2committed the violation. If the report is submitted by mail, the report is considered
3to be submitted on the date that it is mailed.
AB588, s. 47 4Section 47. 460.13 of the statutes is amended to read:
AB588,18,10 5460.13 Advertising. A certificate Except as provided in s. 460.03 (1m) (a) and
6(b), a license
holder may not advertise that he or she practices massage therapy or
7bodywork therapy unless the advertisement includes his or her certificate number
8and
a statement that the certificate license holder is a "certified licensed massage
9therapist and bodyworker bodywork therapist" or "certified licensed massage
10therapist" or "certified bodyworker licensed bodywork therapist."
AB588, s. 48 11Section 48. 460.14 (1) of the statutes is amended to read:
AB588,18,1512 460.14 (1) Subject to the rules promulgated under s. 440.03 (1), the department
13examining board may make investigations and conduct hearings to determine
14whether a violation of this chapter or any rule promulgated under this chapter has
15occurred.
AB588, s. 49 16Section 49. 460.14 (2) (intro.) of the statutes is amended to read:
AB588,18,2017 460.14 (2) (intro.) Subject to the rules promulgated under s. 440.03 (1), the
18department examining board may reprimand a certificate license holder or deny,
19limit, suspend, or revoke a certificate license under this chapter if it finds that the
20applicant or certificate license holder has done any of the following:
AB588, s. 50 21Section 50. 460.14 (2) (a) of the statutes is amended to read:
AB588,18,2322 460.14 (2) (a) Made a material misstatement in an application for a certificate
23license or for renewal of a certificate license.
AB588, s. 51 24Section 51. 460.14 (2) (b) of the statutes is amended to read:
AB588,19,3
1460.14 (2) (b) Subject to ss. 111.321, 111.322, and 111.335, been convicted of an
2offense the circumstances of which substantially relate to the practice of massage
3therapy or bodywork therapy.
AB588, s. 52 4Section 52. 460.14 (2) (e) of the statutes is amended to read:
AB588,19,75 460.14 (2) (e) Subject to ss. 111.321, 111.322, and 111.34, practiced massage
6therapy or bodywork therapy while his or her ability to practice was impaired by
7alcohol or other drugs.
AB588, s. 53 8Section 53. 460.14 (2) (h) of the statutes is amended to read:
AB588,19,129 460.14 (2) (h) Engaged in conduct while practicing massage therapy or
10bodywork therapy that jeopardizes the health, safety, or welfare of a client or that
11evidences a lack of knowledge of, inability to apply, or the negligent application of,
12principles or skills of massage therapy or bodywork therapy.
AB588, s. 54 13Section 54. 460.14 (2m) (intro.) of the statutes is amended to read:
AB588,19,1614 460.14 (2m) (intro.) Subject to the rules promulgated under s. 440.03 (1), the
15department examining board shall revoke a certificate license under this chapter if
16the certificate license holder is convicted of any of the following:
AB588, s. 55 17Section 55. 460.14 (3) of the statutes is amended to read:
AB588,19,2018 460.14 (3) The department examining board may restore a certificate license
19that has been suspended or revoked on such terms and conditions as the department
20examining board may deem appropriate.
AB588, s. 56 21Section 56. 460.14 (4) of the statutes is repealed.
AB588, s. 57 22Section 57. 460.15 (1) of the statutes is renumbered 460.15 and amended to
23read:
AB588,20,3
1460.15 Penalties Penalty. Except as provided in sub. (2), any Any person who
2violates this chapter or any rule promulgated under this chapter shall forfeit not
3more than $1,000 for each violation.
AB588, s. 58 4Section 58. 460.15 (2) of the statutes is repealed.
AB588, s. 59 5Section 59. 460.17 of the statutes is amended to read:
AB588,20,12 6460.17 Local regulation. A city, village, town, or county may not enact an
7ordinance that regulates the practice of massage therapy or bodywork therapy by a
8person who is issued a certificate licensed by the department examining board under
9this chapter. No provision of any ordinance enacted by a city, village, town, or county
10that is in effect before February 1, 1999, and that relates to the practice of massage
11therapy or bodywork therapy, may be enforced against a person who is issued a
12certificate licensed by the department examining board under this chapter.
AB588, s. 60 13Section 60. 895.48 (1m) (a) (intro.) and 2. of the statutes are amended to read:
AB588,20,2414 895.48 (1m) (a) (intro.) Except as provided in par. (b), any physician or athletic
15trainer licensed under ch. 448, chiropractor licensed under ch. 446, dentist licensed
16under ch. 447, emergency medical technician licensed under s. 256.15, first
17responder certified under s. 256.15 (8), physician assistant licensed under ch. 448,
18registered nurse licensed under ch. 441, or a massage therapist or bodyworker issued
19a certificate
bodywork therapist licensed under ch. 460 who renders voluntary health
20care to a participant in an athletic event or contest sponsored by a nonprofit
21corporation, as defined in s. 66.0129 (6) (b), a private school, as defined in s. 115.001
22(3r), a public agency, as defined in s. 46.856 (1) (b), or a school, as defined in s. 609.655
23(1) (c), is immune from civil liability for his or her acts or omissions in rendering that
24care if all of the following conditions exist:
AB588,21,4
12. The physician, athletic trainer, chiropractor, dentist, emergency medical
2technician, first responder, physician assistant, registered nurse, massage therapist
3or bodyworker bodywork therapist does not receive compensation for the health care,
4other than reimbursement for expenses.
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