SB805: Bill Text

SB805,20 Section 20. 460.03 (1) of the statutes is amended to read:

SB805,,60 460.03 (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 therapy within the scope of his or her license, permit, registration, or certification and who does not imply that he or she is licensed under this chapter a 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.

SB805,21 Section 21. 460.04 (2) (b) of the statutes is amended to read:

SB805,,62 460.04 (2) (b) Criteria for approving a training program for purposes of s. 460.05 (1) (e) 1. (1m) (a) 5. a. 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.

SB805,22 Section 22. 460.04 (2) (e) of the statutes is amended to read:

SB805,,64 460.04 (2) (e) A requirement that an applicant for a single-state license under this chapter submit evidence satisfactory to the 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.

SB805,23 Section 23. 460.04 (2) (f) of the statutes is amended to read:

SB805,,66 460.04 (2) (f) Requirements to be satisfied by a person seeking a temporary license permit 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 license holder.

SB805,24 Section 24. 460.04 (2) (g) of the statutes is amended to read:

SB805,,68 460.04 (2) (g) A requirement, for purposes of s. 460.05 (1m) (a) 5., that an applicant for a license under this chapter s. 460.05 (1m) pass an examination on state laws and administrative rules governing massage therapy and bodywork therapy.

SB805,25 Section 25. 460.05 (1) of the statutes is renumbered 460.05 (1m) (a), and 460.05 (1m) (a) 5. (intro.), 7. and 8. b., as renumbered, are amended to read:

SB805,,70 460.05 (1m) (a) 5. (intro.) Except as provided in sub. (2) par. (b), the person submits evidence satisfactory to the affiliated credentialing board that he or she has done all of the following:

SB805,,71 7. The person submits evidence satisfactory to the 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 the amounts required under s. 460.11 (4).

SB805,,72 8. b. An offense under federal law or a law of any other state that is comparable to an offense under subd. 1. 8. a.

SB805,26 Section 26. 460.05 (2) of the statutes is renumbered 460.05 (1m) (b) and amended to read:

SB805,,74 460.05 (1m) (b) The affiliated credentialing board may waive a requirement specified in sub. (1) (e) par (a) 5. if a person establishes, to the satisfaction of the affiliated credentialing board, that he or she has education, training, or other experience that is substantially equivalent to the requirement.

SB805,27 Section 27. 460.05 (3m) of the statutes is created to read:

SB805,,76 460.05 (3m) The affiliated credentialing board shall grant a multistate license to a person who holds a single-state license, satisfies the requirements under s. 460.50 (4) (a), and pays the fee specified in s. 440.05 (1).

SB805,28 Section 28. 460.05 (4) of the statutes is amended to read:

SB805,,78 460.05 (4) The affiliated credentialing board may assign a unique license number to each person licensed under this chapter subchapter.

SB805,29 Section 29. 460.06 (intro.) of the statutes is amended to read:

SB805,,80 460.06 Examinations. (intro.) The affiliated credentialing board may not grant a license under this chapter s. 460.05 (1m) unless the applicant achieves a passing grade on the following examinations:

SB805,30 Section 30. 460.07 (1) of the statutes is amended to read:

SB805,,82 460.07 (1) Each person who is licensed under this chapter license holder shall conspicuously display the license in the place of business where he or she practices massage therapy or bodywork therapy so that the license can easily be seen and read.

SB805,31 Section 31. 460.07 (2) of the statutes is renumbered 460.07 (2) (a), and 460.07 (2) (a) (intro.) and 2., as renumbered, are amended to read:

SB805,,84 460.07 (2) (a) (intro.) Renewal applications An application for the renewal of a single-state license 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:

SB805,,85 2. If applicable, proof Proof of completion of continuing education under s. 460.10.

SB805,32 Section 32. 460.07 (2) (bm) of the statutes is created to read:

SB805,,87 460.07 (2) (bm) Renewal of a multistate license granted under s. 460.05 (3m) shall be governed by s. 460.50 (4).

SB805,33 Section 33. 460.07 (2) (c) of the statutes is amended to read:

SB805,,89 460.07 (2) (c) Evidence satisfactory to the 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 the amounts required under s. 460.11 (4).

SB805,34 Section 34. 460.08 of the statutes is amended to read:

SB805,,91 460.08 Temporary license permit. The affiliated credentialing board may grant a temporary license permit 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 permit may not be renewed.

SB805,35 Section 35. 460.09 (title) of the statutes is repealed.

SB805,36 Section 36. 460.09 of the statutes is renumbered 460.05 (2m) and amended to read:

SB805,,94 460.05 (2m) Upon application and payment of the fee specified in s. 440.05 (2), the affiliated credentialing board shall grant a massage therapist or bodywork therapist license to a person who holds a similar license in another state or territory of the United States or another country if the affiliated credentialing board determines that the requirements for receiving the license in the other state, territory, or country are substantially equivalent to the requirements under s. 460.05 sub. (1m).

SB805,37 Section 37. 460.095 (4) (intro.) of the statutes is amended to read:

SB805,,96 460.095 (4) (intro.) Ensure that each instructor hired by the school or training program on or after December 1, 2010, to teach courses in theory and the practice of massage therapy or bodywork therapy is licensed under this chapter subchapter and has at least one of the following:

SB805,38 Section 38. 460.10 (1) (intro.) of the statutes is amended to read:

SB805,,98 460.10 (1) (intro.) The affiliated credentialing board may shall promulgate rules establishing all of the following:

SB805,39 Section 39. 460.10 (1) (a) of the statutes is amended to read:

SB805,,100 460.10 (1) (a) Requirements and procedures for a license holder the holder of a single-state license to complete continuing education programs or courses of study to qualify for renewal of his or her license. The rules promulgated under this paragraph may not require a license holder the holder of a single-state license to complete more than 24 hours of continuing education programs or courses of study in order to qualify for renewal of his or her license.

SB805,40 Section 40. 460.10 (2) of the statutes is amended to read:

SB805,,102 460.10 (2) The affiliated credentialing board may waive all or part of any requirement established in rules promulgated under sub. (1) (a) if it determines that prolonged illness, disability, or other exceptional circumstances have prevented a license holder an individual from completing the requirement.

SB805,41 Section 41. 460.11 (4) of the statutes is created to read:

SB805,,104 460.11 (4) A license holder may not practice massage therapy or bodywork therapy on a client unless the license holder 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.

SB805,42 Section 42. 460.14 (1) of the statutes is amended to read:

SB805,,106 460.14 (1) Subject to the rules promulgated under s. 440.03 (1), the affiliated credentialing board may make investigations and conduct hearings to determine whether a violation of this chapter subchapter or any rule promulgated under this chapter subchapter has occurred.

SB805,43 Section 43. 460.14 (2) (intro.) of the statutes is amended to read:

SB805,,108 460.14 (2) (intro.) Subject to the rules promulgated under s. 440.03 (1), the affiliated credentialing board may reprimand a license holder an individual who holds a single-state license or who is exercising an authorization to practice or may deny, limit, suspend, or revoke a single-state license under this chapter or authorization to practice if it finds that the applicant or license holder individual has done any of the following:

SB805,44 Section 44. 460.14 (2) (j) of the statutes is amended to read:

SB805,,110 460.14 (2) (j) Violated this chapter subchapter or any rule promulgated under this chapter subchapter.

SB805,45 Section 45. 460.14 (2m) (intro.) of the statutes is amended to read:

SB805,,112 460.14 (2m) (intro.) Subject to the rules promulgated under s. 440.03 (1), the affiliated credentialing board shall revoke a license under this chapter an individual’s single-state license or authorization to practice if the license holder individual is convicted of any of the following:

SB805,46 Section 46. 460.14 (3) of the statutes is amended to read:

SB805,,114 460.14 (3) The affiliated credentialing board may, subject to the terms of the compact under s. 460.50, restore a single-state license or authorization to practice that has been suspended or revoked on such terms and conditions as the affiliated credentialing board may deem appropriate.

SB805,47 Section 47. 460.14 (4) of the statutes is amended to read:

SB805,,116 460.14 (4) The affiliated credentialing board may, in addition to or in lieu of a reprimand or revocation, limitation, suspension, or denial of a license or authorization to practice, assess against a person who has done anything specified under sub. (2) (a) to (j) a forfeiture of not more than $1,000 for each separate offense. Each day of continued violation constitutes a separate offense.

SB805,48 Section 48. 460.145 of the statutes is amended to read:

SB805,,118 460.145 Employment of unlicensed persons. No person may employ or contract for the services of an individual to provide massage therapy or bodywork therapy who is required to be licensed under s. 460.02 unless the individual is licensed under this chapter a license holder.

SB805,49 Section 49. 460.15 of the statutes is amended to read:

SB805,,120 460.15 Penalty. Any person who violates this chapter subchapter or any rule promulgated under this chapter subchapter may be fined not more than $1,000 for each violation or imprisoned for not more than 90 days, or both.

SB805,50 Section 50. 460.17 (1) of the statutes is amended to read:

SB805,,122 460.17 (1) 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 licensed by the affiliated credentialing board under this chapter license holder. 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 licensed by the affiliated credentialing board under this chapter license holder.

SB805,51 Section 51. 460.17 (2) (a) 1. of the statutes is amended to read:

SB805,,124 460.17 (2) (a) 1. A city, village, or town may enact and enforce an ordinance that prohibits an individual from violating the prohibitions under s. 460.02 unless the individual is licensed under this chapter as required in compliance with the requirement under s. 460.02.

SB805,52 Section 52. 460.17 (2) (a) 2. of the statutes is amended to read:

SB805,,126 460.17 (2) (a) 2. A city, village, or town may enact and enforce an ordinance that prohibits a person from employing or contracting for the services of an individual to provide massage therapy or bodywork therapy who is required to be licensed in compliance with the requirement under s. 460.02 unless the individual is licensed under this chapter a license holder.

SB805,53 Section 53. Subchapter II of chapter 460 [precedes 460.50] of the statutes is created to read:

SB805,,128 SUBCHAPTER II

SB805,,129 INTERSTATE MASSAGE COMPACT

SB805,,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:

SB805,,131 (a) Increase public access to massage therapy services by providing for a multistate licensing pathway;

SB805,,132 (b) Enhance the member states’ ability to protect the public’s health and safety;

SB805,,133 (c) Enhance the member states’ ability to prevent human trafficking and licensure fraud;

SB805,,134 (d) Encourage the cooperation of member states in regulating the multistate practice of massage therapy;

SB805,,135 (e) Support relocating military members and their spouses;

SB805,,136 (f) Facilitate and enhance the exchange of licensure, investigative, and disciplinary information between the member states;

SB805,,137 (g) Create an interstate commission that will exist to implement and administer the compact;

SB805,,138 (h) Allow a member state to hold a licensee accountable, even where that licensee holds a multistate license;

SB805,,139 (i) Create a streamlined pathway for licensees to practice in member states, thus increasing the mobility of duly licensed massage therapists; and

SB805,,140 (j) Serve the needs of licensed massage therapists and the public receiving their services; however,

SB805,,141 (k) Nothing in this compact is intended to prevent a state from enforcing its own laws regarding the practice of massage therapy.

SB805,,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:

SB805,,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.

SB805,,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.

SB805,,145 (c) “Alternative program” - a non-disciplinary monitoring or prosecutorial diversion program approved by a member state’s licensing authority.

SB805,,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.

SB805,,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.