AB716: Bill Text

AB716,53 Section 53. Subchapter II of chapter 460 [precedes 460.50] of the statutes is created to read:

AB716,,128 SUBCHAPTER II

AB716,,129 INTERSTATE MASSAGE COMPACT

AB716,,130 460.50 Interstate massage compact. (1) Article 1 - purpose. The purpose of this compact is to reduce the burdens on state governments and to facilitate the interstate practice and regulation of massage therapy with the goal of improving public access to, and the safety of, massage therapy services. Through this compact, the member states seek to establish a regulatory framework which provides for a new multistate licensing program. Through this additional licensing pathway, the member states seek to provide increased value and mobility to licensed massage therapists in the member states, while ensuring the provision of safe, competent, and reliable services to the public. This compact is designed to achieve the following objectives, and the member states hereby ratify the same intentions by subscribing hereto:

AB716,,131 (a) Increase public access to massage therapy services by providing for a multistate licensing pathway;

AB716,,132 (b) Enhance the member states’ ability to protect the public’s health and safety;

AB716,,133 (c) Enhance the member states’ ability to prevent human trafficking and licensure fraud;

AB716,,134 (d) Encourage the cooperation of member states in regulating the multistate practice of massage therapy;

AB716,,135 (e) Support relocating military members and their spouses;

AB716,,136 (f) Facilitate and enhance the exchange of licensure, investigative, and disciplinary information between the member states;

AB716,,137 (g) Create an interstate commission that will exist to implement and administer the compact;

AB716,,138 (h) Allow a member state to hold a licensee accountable, even where that licensee holds a multistate license;

AB716,,139 (i) Create a streamlined pathway for licensees to practice in member states, thus increasing the mobility of duly licensed massage therapists; and

AB716,,140 (j) Serve the needs of licensed massage therapists and the public receiving their services; however,

AB716,,141 (k) Nothing in this compact is intended to prevent a state from enforcing its own laws regarding the practice of massage therapy.

AB716,,142 (2) Article 2 - definitions. As used in this compact, except as otherwise provided and subject to clarification by the rules of the commission, the following definitions shall govern the terms herein:

AB716,,143 (a) “Active military member” - any person with full-time duty status in the armed forces of the United States, including members of the National Guard and Reserve.

AB716,,144 (b) “Adverse action” - any administrative, civil, equitable, or criminal action permitted by a member state’s laws which is imposed by a licensing authority or other regulatory body against a licensee, including actions against an individual’s authorization to practice such as revocation, suspension, probation, surrender in lieu of discipline, monitoring of the licensee, limitation of the licensee’s practice, or any other encumbrance on licensure affecting an individual’s ability to practice massage therapy, including the issuance of a cease and desist order.

AB716,,145 (c) “Alternative program” - a non-disciplinary monitoring or prosecutorial diversion program approved by a member state’s licensing authority.

AB716,,146 (d) “Authorization to practice” - a legal authorization by a remote state pursuant to a multistate license permitting the practice of massage therapy in that remote state, which shall be subject to the enforcement jurisdiction of the licensing authority in that remote state.

AB716,,147 (e) “Background check” - the submission of an applicant’s criminal history record information, as further defined in 28 CFR 20.3 (d), as amended from the federal bureau of investigation and the agency responsible for retaining state criminal records in the applicant’s home state.

AB716,,148 (f) “Charter member states” - member states who have enacted legislation to adopt this compact where such legislation predates the effective date of this compact as defined in sub. (12).

AB716,,149 (g) “Commission” - the government agency whose membership consists of all states that have enacted this compact, which is known as the Interstate Massage Compact Commission, as defined in sub. (8), and which shall operate as an instrumentality of the member states.

AB716,,150 (h) “Continuing competence” - a requirement, as a condition of license renewal, to provide evidence of participation in, and completion of, educational or professional activities that maintain, improve, or enhance massage therapy fitness to practice.

AB716,,151 (i) “Current significant investigative information” - investigative information that a licensing authority, after an inquiry or investigation that complies with a member state’s due process requirements, has reason to believe is not groundless and, if proved true, would indicate a violation of that state’s laws regarding the practice of massage therapy.

AB716,,152 (j) “Data system” - a repository of information about licensees who hold multistate licenses, which may include but is not limited to license status, investigative information, and adverse actions.

AB716,,153 (k) “Disqualifying event” - any event which shall disqualify an individual from holding a multistate license under this compact, which the commission may by rule specify.

AB716,,154 (L) “Encumbrance” - a revocation or suspension of, or any limitation or condition on, the full and unrestricted practice of massage therapy by a licensing authority.

AB716,,155 (m) “Executive Committee” - a group of delegates elected or appointed to act on behalf of, and within the powers granted to them by, the commission.

AB716,,156 (n) “Home state” - means the member state which is a licensee’s primary state of residence where the licensee holds an active single-state license.

AB716,,157 (o) “Investigative information” - information, records, or documents received or generated by a licensing authority pursuant to an investigation or other inquiry.

AB716,,158 (p) “Licensing authority” - a state’s regulatory body responsible for issuing massage therapy licenses or otherwise overseeing the practice of massage therapy in that state.

AB716,,159 (q) “Licensee” - an individual who currently holds a license from a member state to fully practice massage therapy, whose license is not a student, provisional, temporary, inactive, or other similar status.

AB716,,160 (r) “Massage therapy”, “massage therapy services”, and the “practice of massage therapy” - the care and services provided by a licensee as set forth in the member state’s statutes and regulations in the state where the services are being provided.

AB716,,161 (s) “Member State” - any state that has adopted this compact.

AB716,,162 (t) “Multistate License” - a license that consists of authorizations to practice massage therapy in all remote states pursuant to this compact, which shall be subject to the enforcement jurisdiction of the licensing authority in a licensee’s home state.

AB716,,163 (u) “National licensing examination” - a national examination developed by a national association of massage therapy regulatory boards, as defined by commission rule, that is derived from a practice analysis and is consistent with generally accepted psychometric principles of fairness, validity and reliability, and is administered under secure and confidential examination protocols.

AB716,,164 (v) “Remote state” - any member state, other than the licensee’s home state.

AB716,,165 (w) “Rule” - any opinion or regulation promulgated by the commission under this compact, which shall have the force of law.

AB716,,166 (x) “Single-state license” - a current, valid authorization issued by a member state’s licensing authority allowing an individual to fully practice massage therapy, that is not a restricted, student, provisional, temporary, or inactive practice authorization and authorizes practice only within the issuing state.

AB716,,167 (y) “State” - a state, territory, possession of the United States, or the District of Columbia.

AB716,,168 (3) Article 3 - member state requirements. (a) To be eligible to join this compact, and to maintain eligibility as a member state, a state must:

AB716,,169 1. License and regulate the practice of massage therapy;

AB716,,170 2. Have a mechanism or entity in place to receive and investigate complaints from the public, regulatory or law enforcement agencies, or the commission about licensees practicing in that state;

AB716,,171 3. Accept passage of a national licensing examination as a criterion for massage therapy licensure in that state;

AB716,,172 4. Require that licensees satisfy educational requirements prior to being licensed to provide massage therapy services to the public in that state;

AB716,,173 5. Implement procedures for requiring the background check of applicants for a multistate license, and for the reporting of any disqualifying events, including but not limited to obtaining and submitting, for each licensee holding a multistate license and each applicant for a multistate license, fingerprint or other biometric-based information to the federal bureau of investigation for background checks; receiving the results of the federal bureau of investigation record search on background checks and considering the results of such a background check in making licensure decisions;

AB716,,174 6. Have continuing competence requirements as a condition for license renewal;

AB716,,175 7. Participate in the data system, including through the use of unique identifying numbers as described herein;

AB716,,176 8. Notify the commission and other member states, in compliance with the terms of the compact and rules of the commission, of any disciplinary action taken by the state against a licensee practicing under a multistate license in that state, or of the existence of investigative information or current significant investigative information regarding a licensee practicing in that state pursuant to a multistate license;

AB716,,177 9. Comply with the rules of the commission;

AB716,,178 10. Accept licensees with valid multistate licenses from other member states as established herein;

AB716,,179 (b) Individuals not residing in a member state shall continue to be able to apply for a member state’s single-state license as provided under the laws of each member state. However, the single-state license granted to those individuals shall not be recognized as granting a multistate license for massage therapy in any other member state;

AB716,,180 (c) Nothing in this compact shall affect the requirements established by a member state for the issuance of a single-state license; and

AB716,,181 (d) A multistate license issued to a licensee shall be recognized by each remote state as an authorization to practice massage therapy in each remote state.

AB716,,182 (4) Article 4 - multistate license requirements. (a) To qualify for a multistate license under this compact, and to maintain eligibility for such a license, an applicant must:

AB716,,183 1. Hold an active single-state license to practice massage therapy in the applicant’s home state;

AB716,,184 2. Have completed at least six hundred and twenty-five (625) clock hours of massage therapy education or the substantial equivalent which the commission may approve by rule.

AB716,,185 3. Have passed a national licensing examination or the substantial equivalent which the commission may approve by rule.

AB716,,186 4. Submit to a background check;

AB716,,187 5. Have not been convicted or found guilty, or have entered into an agreed disposition, of a felony offense under applicable state or federal criminal law, within five (5) years prior to the date of their application, where such a time period shall not include any time served for the offense, and provided that the applicant has completed any and all requirements arising as a result of any such offense;

AB716,,188 6. Have not been convicted or found guilty, or have entered into an agreed disposition, of a misdemeanor offense related to the practice of massage therapy under applicable state or federal criminal law, within two (2) years prior to the date of their application where such a time period shall not include any time served for the offense, and provided that the applicant has completed any and all requirements arising as a result of any such offense;

AB716,,189 7. Have not been convicted or found guilty, or have entered into an agreed disposition, of any offense, whether a misdemeanor or a felony, under State or federal law, at any time, relating to any of the following:

AB716,,190 a. Kidnapping;

AB716,,191 b. Human trafficking;

AB716,,192 c. Human smuggling;

AB716,,193 d. Sexual battery, sexual assault, or any related offenses; or

AB716,,194 e. Any other category of offense which the commission may by rule designate.

AB716,,195 8. Have not previously held a massage therapy license which was revoked by, or surrendered in lieu of discipline to an applicable licensing authority;

AB716,,196 9. Have no history of any adverse action on any occupational or professional license within two (2) years prior to the date of their application; and

AB716,,197 10. Pay all required fees.

AB716,,198 (b) A multistate license granted pursuant to this compact may be effective for a definite period of time concurrent with the renewal of the home state license.

AB716,,199 (c) A licensee practicing in a member state is subject to all scope of practice laws governing massage therapy services in that state.

AB716,,200 (d) The practice of massage therapy under a multistate license granted pursuant to this compact will subject the licensee to the jurisdiction of the licensing authority, the courts, and the laws of the member state in which the massage therapy services are provided.

AB716,,201 (5) Article 5 - authority of interstate massage compact commission and member state licensing authorities. (a) Nothing in this compact, nor any rule of the commission, shall be construed to limit, restrict, or in any way reduce the ability of a member state to enact and enforce laws, regulations, or other rules related to the practice of massage therapy in that state, where those laws, regulations, or other rules are not inconsistent with the provisions of this compact.

AB716,,202 (b) Nothing in this compact, nor any rule of the commission, shall be construed to limit, restrict, or in any way reduce the ability of a member state to take adverse action against a licensee’s single-state license to practice massage therapy in that state.

AB716,,203 (c) Nothing in this compact, nor any rule of the commission, shall be construed to limit, restrict, or in any way reduce the ability of a remote state to take adverse action against a licensee’s authorization to practice in that state.

AB716,,204 (d) Nothing in this compact, nor any rule of the commission, shall be construed to limit, restrict, or in any way reduce the ability of a licensee’s home state to take adverse action against a licensee’s multistate license based upon information provided by a remote state.

AB716,,205 (e) Insofar as practical, a member state’s licensing authority shall cooperate with the commission and with each entity exercising independent regulatory authority over the practice of massage therapy according to the provisions of this compact.

AB716,,206 (6) Article 6 - adverse actions. (a) A licensee’s home state shall have exclusive power to impose an adverse action against a licensee’s multistate license issued by the home state.

AB716,,207 (b) A home state may take adverse action on a multistate license based on the investigative information, current significant investigative information, or adverse action of a remote state.

AB716,,208 (c) A home state shall retain authority to complete any pending investigations of a licensee practicing under a multistate license who changes their home state during the course of such an investigation. The licensing authority shall also be empowered to report the results of such an investigation to the commission through the data system as described herein.

AB716,,209 (d) Any member state may investigate actual or alleged violations of the scope of practice laws in any other member state for a massage therapist who holds a multistate license.

AB716,,210 (e) A remote state shall have the authority to:

AB716,,211 1. Take adverse actions against a licensee’s authorization to practice;

AB716,,212 2. Issue cease and desist orders or impose an encumbrance on a licensee’s authorization to practice in that state.

AB716,,213 3. Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, as well as the production of evidence. Subpoenas issued by a licensing authority in a member state for the attendance and testimony of witnesses or the production of evidence from another member state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings before it. The issuing licensing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located.

AB716,,214 4. If otherwise permitted by state law, recover from the affected licensee the costs of investigations and disposition of cases resulting from any adverse action taken against that licensee.

AB716,,215 5. Take adverse action against the licensee’s authorization to practice in that state based on the factual findings of another member state.