2009 WISCONSIN ACT
355
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
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
15.406 (6) (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 Affiliated Credentialing Board, and granting rule-making authority.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section
2
.
15.406 (6) (a) 2. of the statutes is created to read:
15.406
(6)
(a) 2. One public member who satisfies the requirements under s. 460.03 (2m) (b).
Section
3m
.
15.407 (7) of the statutes is renumbered 15.406 (6), and 15.406 (6) (title), (a) and (b) (intro.), 2. and 3., as renumbered, are amended to read:
15.406
(6)
(title)
Massage therapy and bodywork
council
therapy affiliated credentialing board
.
(a) There is created
in the department of regulation and licensing, attached to the medical examining board,
a massage therapy and bodywork
council in the department of regulation and licensing, serving the department in an advisory capacity
therapy affiliated credentialing board
. The
council
affiliated credentialing board
shall consist of
the following
7 members
,
appointed for 4-year terms
, who are
:
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.
(b) (intro.) In appointing members under par. (a), the governor shall ensure, to the maximum extent practicable, that the membership of the
council
affiliated credentialing board
is diverse, based on all of the following factors:
2. Affiliation and nonaffiliation with a professional association for the practice of massage therapy or bodywork
therapy
.
3. Professional associations with which massage therapists or
bodyworkers
bodywork therapists
in this state are affiliated.
Section
4
.
146.81 (1) (hp) of the statutes is amended to read:
146.81
(1)
(hp) A massage therapist or
bodyworker certified
bodywork therapist licensed
under ch. 460.
Section
5
.
146.997 (1) (d) 13. of the statutes is amended to read:
146.997
(1)
(d) 13. A massage therapist or
bodyworker
bodywork therapist
issued a certificate
licensed
under ch. 460.
Section
6
.
180.1901 (1m) (ag) of the statutes is amended to read:
180.1901
(1m)
(ag) The
department of regulation and licensing
massage therapy and bodywork therapy affiliated credentialing board
under ch. 460.
Section
7
.
252.15 (1) (ar) 1. of the statutes, as affected by
2009 Wisconsin Act 28
, is amended to read:
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
.
Section
8
.
440.03 (13) (b) 38. of the statutes is amended to read:
440.03
(13)
(b) 38. Massage therapist or
bodyworker
bodywork therapist
.
Section
9
.
440.08 (2) (a) 46r. of the statutes, as affected by
2007 Wisconsin Act 20
, is amended to read:
440.08
(2)
(a) 46r. Massage therapist or
bodyworker
bodywork therapist
: March 1 of each odd-numbered year.
Section
10
.
Chapter 460 (title) of the statutes is amended to read:
CHAPTER 460
Massage therapy and
bodywork
therapy
Section
11
.
460.01 (1) of the statutes is renumbered 460.01 (2m) and amended to read:
460.01
(2m)
"
Certificate
License
holder" means a person granted a
certificate
license
under this chapter.
Section
12
.
460.01 (1g) of the statutes is created to read:
460.01
(1g)
"Adjunctive therapy" means any of the following:
(a) The use of a device that simulates or enhances a manual action.
(b) The application of water, lubricants, or other nonprescription topical agents to the skin.
(c) The application of heat or cold to the skin in the absence of an electromagnetic device.
Section
13
.
460.01 (2) of the statutes is renumbered 460.01 (1r) and amended to read:
460.01
(1r)
"
Council
Affiliated credentialing board
" means the massage therapy and bodywork
council
therapy affiliated credentialing board
.
Section
14
.
460.01 (3) of the statutes is amended to read:
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
.
Section
15
.
460.01 (4) of the statutes is amended to read:
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.
Section
16
.
460.02 of the statutes is amended to read:
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 masseur or masseuse
, or use or assume the title "massage therapist and
bodyworker
bodywork therapist
" or "massage therapist" or "
bodyworker
bodywork therapist
" or
"masseur" or "masseuse" 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.
Section
17
.
460.03 of the statutes is renumbered 460.03 (1m) and amended to read:
460.03
(1m)
A
certificate
license
under this chapter is not required for any of the following:
(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.
(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.
Section
18
.
460.03 (1m) (c) of the statutes is created to read:
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.
Section
19
.
460.03 (2m) of the statutes is created to read:
460.03
(2m)
(a) A person who does any of the following and who satisfies the requirements of par. (b):
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.
2. Uses touch to affect the energy systems of the human body.
3. Uses touch and education to effect change in the structure of the body while engaged in the practice of structural integration.
(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.
(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.
Section
20
.
460.04 (title) of the statutes is amended to read:
460.04
(title)
Duties of
department
affiliated credentialing board
.
Section
21
.
460.04 (1) of the statutes is renumbered 460.05 (4) and amended to read:
460.05
(4)
The
department shall
affiliated credentialing board may
assign a unique
certificate
license
number to each person
certified
licensed
under this chapter.
Section
22
.
460.04 (1m) of the statutes is created to read:
460.04
(1m)
The affiliated credentialing board shall prepare an examination on state laws and administrative rules governing massage therapy and bodywork therapy.
Section
23
.
460.04 (2) (intro.), (a), (b) and (e) of the statutes are amended to read:
460.04
(2)
(intro.) The
department
affiliated credentialing board
shall promulgate rules that establish all of the following:
(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.
(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.
(e) A requirement that an applicant for a
certificate
license
under this chapter submit evidence satisfactory to the
department
affiliated credentialing 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.
Section
24
.
460.04 (2) (f) of the statutes is created to read:
460.04
(2)
(f) Requirements to be satisfied by a person seeking a temporary license under s. 460.08. The rules promulgated under this subsection shall require the person to be a graduate of a massage therapy or bodywork therapy school or program and may require the holder of a temporary license to make disclosures to clients and to practice under the supervision of a massage therapist or bodywork therapist licensed under this chapter.
Section
25
.
460.04 (2) (g) of the statutes is created to read:
460.04
(2)
(g) A requirement that an applicant for a license under this chapter pass an examination on state laws and administrative rules governing massage therapy and bodywork therapy.
Section
26
.
460.04 (3) of the statutes is repealed.
Section
27
.
460.04 (4) of the statutes is repealed.
Section
28
.
460.05 (title) of the statutes is amended to read:
460.05
(title)
Certification
Licensure
of massage therapists
or
bodyworkers
and bodywork therapists
.
Section
29
.
460.05 (1) (intro.) of the statutes is amended to read:
460.05
(1)
(intro.) The
department
affiliated credentialing board
shall grant a
certificate
license
as a massage therapist or
bodyworker
bodywork therapist
to a person who satisfies all of the following:
Section
30
.
460.05 (1) (c) of the statutes is amended to read:
460.05
(1)
(c) The person submits an application for the
certificate
license
to the
department
affiliated credentialing board
on a form provided by the
department
affiliated credentialing board
.
Section
31
.
460.05 (1) (e) of the statutes is amended to read:
460.05
(1)
(e) Except as provided in sub. (2), the person submits evidence satisfactory to the
department
affiliated credentialing board
that he or she has done all of the following:
1. Graduated from a school of massage therapy or bodywork
therapy
approved by the educational approval board under s. 38.50
that meets the requirements under s. 460.095
or completed a training program approved by the
department
affiliated credentialing board
under the rules promulgated under s. 460.04 (2) (b).
2. Completed at least 6 classroom hours in the laws of this state and rules of the
department
affiliated credentialing board
relating to the practice of massage therapy or bodywork
therapy
in a course of instruction approved by the
department
affiliated credentialing board
.
Section
32
.
460.05 (1) (g) of the statutes is amended to read:
460.05
(1)
(g) The person submits evidence satisfactory to the
department
affiliated credentialing board
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.
Section
33
.
460.05 (2) of the statutes is amended to read:
460.05
(2)
The
department
affiliated credentialing board
may waive a requirement specified in sub. (1) (e) if a person establishes, to the satisfaction of the
department
affiliated credentialing board
, that he or she has education, training, or other experience that is substantially equivalent to the requirement.
Section
34
.
460.05 (3) of the statutes is repealed.
Section
35
.
460.06 of the statutes is renumbered 460.06 (intro.) and amended to read:
460.06
Examinations.
(intro.) The
department
affiliated credentialing board
may not grant a
certificate
license
under this chapter unless the applicant
passes
achieves a passing grade on
the
national certification
following examinations:
(1)
A nationally administered, entry-level competency
examination for therapeutic massage and bodywork
therapy
that
is offered by the National Certification Board for Therapeutic Massage and Bodywork or an examination relating to the practice of massage therapy or bodywork that is administered by a national board that is accredited by the National Commission for Certifying Agencie
s
meets generally accepted psychometric principles and standards
or a substantially equivalent examination approved by the
department
affiliated credentialing board
.
(2)
The
department shall promulgate rules that also require an applicant to
pass an
examination on state laws and administrative rules governing massage therapy
or
and
bodywork
therapy required under s. 460.04 (2) (g)
.
Section
36
.
460.07 (1) of the statutes is amended to read:
460.07
(1)
Each person who is
certified
licensed
under this chapter shall conspicuously display the
certificate
license
in the place of business where he or she practices massage therapy or bodywork
therapy
so that the
certificate
license
can easily be seen and read.
Section
37
.
460.07 (2) (intro.) of the statutes is amended to read:
460.07
(2)
(intro.)
The
renewal dates for certificates granted under this chapter are specified under s. 440.08 (2) (a).
Renewal applications shall be submitted to the department on a form provided by the department
on or before the applicable renewal date specified under s. 440.08 (2) (a)
and shall include all of the following:
Section
38
.
460.07 (2) (c) of the statutes is amended to read:
460.07
(2)
(c) Evidence satisfactory to the
department
affiliated credentialing board
that the applicant 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.
Section
39
.
460.07 (2) (d) of the statutes is amended to read:
460.07
(2)
(d) Evidence satisfactory to the
department
affiliated credentialing 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.
Section
40
.
460.08 of the statutes is created to read:
460.08
Temporary license.
The affiliated credentialing board may grant a temporary license for a period not to exceed 6 months to an applicant who satisfies the requirements established in the rules under s. 460.04 (2) (f). A temporary license may not be renewed.
Section
41
.
460.09 of the statutes is amended to read:
460.09
Reciprocal
certificate
license
.
Upon application and payment of the fee specified in s. 440.05 (2), the
department
affiliated credentialing board
shall grant a massage therapist or
bodyworker certificate
bodywork therapist license
to a person who holds a similar
certificate
license
in another state or territory of the United States or another country if the
department
affiliated credentialing board
determines that the requirements for receiving the
certificate
license
in the other state, territory, or country are substantially equivalent to the requirements under s. 460.05.
Section
42
.
460.095 of the statutes is created to read:
460.095
Massage therapy and bodywork therapy school, training program, and instructor requirements.
Each massage therapy or bodywork therapy school located in this state and each massage therapy or bodywork therapy training program offered in this state shall do all of the following:
(1)
Provide and require as a prerequisite to graduation completion of a course of instruction on state laws and regulations applicable to massage therapy and bodywork therapy.
(2)
Administer, score, and require as a prerequisite to graduation, the examination required under s. 460.06 (2).
(3)
Ensure that each instructor hired by the school or training program on or after the effective date of this subsection .... [LRB inserts date], to teach courses in anatomy, physiology, kinesiology, and pathology has at least one of the following:
(a) Professional training and 2 years of experience in a health-related field.
(b) Two years of post-secondary education and training.
(4)
Ensure that each instructor hired by the school or training program on or after the effective date of this subsection .... [LRB inserts date], to teach courses in theory and the practice of massage therapy or bodywork therapy is licensed under this chapter and has at least one of the following:
(a) Two years experience as a practicing professional.
(b) Formal education and training as a massage therapy or bodywork therapy instructor.
Section
43
.
460.10 of the statutes is renumbered 460.10 (1) (intro.) and amended to read:
460.10
(1)
(intro.) The
department
affiliated credentialing board
may promulgate rules establishing
requirements
all of the following:
(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
.
(2)
The
department
affiliated credentialing 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.
Section
44
.
460.10 (1) (b) of the statutes is created to read:
460.10
(1)
(b) Qualifications applicable to providers of continuing education programs and courses required under par. (a).
Section
45
.
460.11 of the statutes is amended to read:
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.
(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.
(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
affiliated credentialing board
by rule.
Section
46
.
460.12 (1), (2), (3), (4) and (5) (b) of the statutes are amended to read:
460.12
(1)
A
certificate
license
holder shall submit a report to the
department
affiliated credentialing 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.
(2)
The
department
affiliated credentialing 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
affiliated credentialing board
has reasonable cause to believe that a
certificate
license
holder has committed a crime, the
department
affiliated credentialing board
shall report the belief to the district attorney for the county in which the crime, in the opinion of the
department
affiliated credentialing board
, occurred.
(3)
If, after an investigation, the
department
affiliated credentialing board
determines that a report submitted under sub. (1) is without merit, the
department
affiliated credentialing board
shall remove the report from the record of the
certificate
license
holder who is the subject of the report.
(4)
All reports and records made from reports under sub. (1) and maintained by the
affiliated credentialing 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
affiliated credentialing 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.
(5)
(b) A
certificate
license
holder shall submit a written report to the
department
affiliated credentialing 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.
Section
47
.
460.13 of the statutes is amended to read:
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
."
Section
48
.
460.14 (1) of the statutes is amended to read:
460.14
(1)
Subject to the rules promulgated under s. 440.03 (1), the
department
affiliated credentialing board
may make investigations and conduct hearings to determine whether a violation of this chapter or any rule promulgated under this chapter has occurred.
Section
49
.
460.14 (2) (intro.) of the statutes is amended to read:
460.14
(2)
(intro.) Subject to the rules promulgated under s. 440.03 (1), the
department
affiliated credentialing 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:
Section
50
.
460.14 (2) (a) of the statutes is amended to read:
460.14
(2)
(a) Made a material misstatement in an application for a
certificate
license
or for renewal of a
certificate
license
.
Section
51
.
460.14 (2) (b) of the statutes is amended to read:
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
.
Section
52
.
460.14 (2) (e) of the statutes is amended to read:
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.
Section
53
.
460.14 (2) (h) of the statutes is amended to read:
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
.
Section
54
.
460.14 (2m) (intro.) of the statutes is amended to read:
460.14
(2m)
(intro.) Subject to the rules promulgated under s. 440.03 (1), the
department
affiliated credentialing board
shall revoke a
certificate
license
under this chapter if the
certificate
license
holder is convicted of any of the following:
Section
55
.
460.14 (3) of the statutes is amended to read:
460.14
(3)
The
department
affiliated credentialing board
may restore a
certificate
license
that has been suspended or revoked on such terms and conditions as the
department
affiliated credentialing board
may deem appropriate.
Section
56
.
460.14 (4) of the statutes is repealed.
Section
57
.
460.15 (1) of the statutes is renumbered 460.15 and amended to read:
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.
Section
58
.
460.15 (2) of the statutes is repealed.
Section
59
.
460.17 of the statutes is amended to read:
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
affiliated credentialing 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
affiliated credentialing board
under this chapter.
Section
60
.
895.48 (1m) (a) (intro.) and 2. of the statutes are amended to read:
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:
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.
Section
61
.
Nonstatutory provisions.
(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 affiliated credentialing 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 affiliated credentialing board that the person satisfies one of the following requirements:
(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.
(b) The person passed a nationally administered entry-level competency assessment examination that meets generally accepted psychometric principles and standards.
(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 affiliated credentialing board.
(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.
Section
62
.
Effective date.
(1) This act takes effect on the first day of the 7th month beginning after publication.
