SB805: Bill Text

SB805,,1 2023 SENATE BILL 805

December 12, 2023 - Introduced by Senators Cabral-Guevara, Ballweg, Carpenter and Spreitzer, cosponsored by Representatives Tittl, Brandtjen, Dittrich, Jacobson, Melotik, Moses, O’Connor, Rozar, Schmidt, Spiros and Wichgers. Referred to Committee on Licensing, Constitution and Federalism.

SB805,,2 An Act to repeal 460.09 (title); to renumber and amend 440.03 (13) (c), 460.05 (1), 460.05 (2), 460.07 (2) and 460.09; to amend 146.81 (1) (hp), 146.997 (1) (d) 13., 440.03 (13) (b) (intro.), 440.15, 446.01 (1v) (o), 460.01 (intro.), 460.01 (2m), 460.02, 460.03 (intro.), 460.03 (1), 460.04 (2) (b), 460.04 (2) (e), 460.04 (2) (f), 460.04 (2) (g), 460.05 (4), 460.06 (intro.), 460.07 (1), 460.07 (2) (c), 460.08, 460.095 (4) (intro.), 460.10 (1) (intro.), 460.10 (1) (a), 460.10 (2), 460.14 (1), 460.14 (2) (intro.), 460.14 (2) (j), 460.14 (2m) (intro.), 460.14 (3), 460.14 (4), 460.145, 460.15, 460.17 (1), 460.17 (2) (a) 1., 460.17 (2) (a) 2. and 895.48 (1m) (a) (intro.); and to create 14.897, 111.335 (4) (jm), 440.03 (11m) (c) 2u., 440.03 (13) (c) 1. i., subchapter I (title) of chapter 460 [precedes 460.01], 460.01 (2), 460.01 (2k), 460.01 (5), 460.01 (8), 460.05 (3m), 460.07 (2) (bm), 460.11 (4) and subchapter II of chapter 460 [precedes 460.50] of the statutes; relating to: ratification of the Interstate Massage Compact.

SB805,,3 Analysis by the Legislative Reference Bureau

This bill ratifies and enters Wisconsin into the Interstate Massage Compact, which provides for the ability of a massage therapist to become eligible to practice in other compact states. Significant provisions of the compact include the following:

1. The creation of an Interstate Massage Compact Commission, which includes the primary administrative officer of the licensure boards or licensing authorities of each member state, or their designees. The commission has various powers and duties granted in the compact, including establishing bylaws, promulgating binding rules for the compact, electing or appointing officers and hiring employees, and establishing and electing an executive committee. The commission may levy on and collect an annual assessment from each member state or impose fees on licensees of member states to whom it grants a multistate license to cover the cost of the operations and activities of the commission and its staff.

2. The ability for a massage therapist who is licensed in a home state and satisfies certain other criteria to obtain a multistate license, which allows a massage therapist to practice massage therapy in all other compact states (remote states). The compact specifies a number of requirements in order for a massage therapist to obtain a multistate license, including holding a massage therapist license in a home state, having completed at least 625 hours of massage therapy education or the substantial equivalent, not having certain disqualifying criminal convictions, not having any encumbrances or restrictions against an occupational or professional license in the previous two years, and paying any required fees. A massage therapist practicing in a remote state under a multistate license is subject to all scope-of-practice laws governing massage therapy services in that state. A remote state may take actions against a massage therapist’s authorization to practice in the remote state, and if any adverse action is taken by a remote state against a licensee’s authorization to practice, that adverse action applies to all authorizations to practice in all remote states. If a massage therapist’s home state or multistate license is encumbered, the massage therapist loses the authorization to practice in all remote states until certain criteria are satisfied.

3. The ability of member states to issue subpoenas that are enforceable in other states.

4. The creation of a coordinated database and reporting system containing licensure and disciplinary action information on massage therapists. The compact requires all home state disciplinary orders that impose adverse actions to be reported to the commission. A member state must submit a uniform data set to the data system on all individuals to whom the compact is applicable as required by the rules of the commission.

5. Provisions regarding resolutions of disputes between member states and between member and nonmember states, including a process for termination of a state’s membership in the compact if the state defaults on its obligations under the compact.

The compact becomes effective in this state upon enactment by seven states. The compact provides that it may be amended upon enactment of an amendment by all member states. A state may withdraw from the compact by repealing the statute authorizing the compact, but the compact provides that a withdrawal does not take effect until 180 days after the effective date of that repeal.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

SB805,,4 The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB805,1 Section 1. 14.897 of the statutes is created to read:

SB805,,6 14.897 Interstate massage compact. There is created an interstate massage compact commission as specified in s. 460.50. The delegate on the commission representing this state shall be appointed by the massage therapy and bodywork therapy affiliated credentialing board as provided in s. 460.50 (8) (b) 1. and shall be an individual described in s. 460.50 (8) (b) 2. The commission has the powers and duties granted and imposed under s. 460.50.

SB805,2 Section 2. 111.335 (4) (jm) of the statutes is created to read:

SB805,,8 111.335 (4) (jm) Notwithstanding s. 111.322, it is not employment discrimination because of conviction record for the massage therapy and bodywork therapy affiliated credentialing board to do any of the following:

SB805,,9 1. Refuse to license an individual in accordance with s. 460.05 (1m) (a) 8.

SB805,,10 2. Refuse to grant to an individual a multistate license, as defined in s. 460.01 (5), in accordance with s. 460.50 (4) (a) 5. to 7.

SB805,3 Section 3. 146.81 (1) (hp) of the statutes is amended to read:

SB805,,12 146.81 (1) (hp) A massage therapist or bodywork therapist who is licensed under subch. I of ch. 460 or who is exercising an authorization to practice, as defined in s. 460.01 (2), in this state.

SB805,4 Section 4. 146.997 (1) (d) 13. of the statutes is amended to read:

SB805,,14 146.997 (1) (d) 13. A massage therapist or bodywork therapist who is licensed under ch. 460 or who is exercising an authorization to practice, as defined in s. 460.01 (2), in this state.

SB805,5 Section 5. 440.03 (11m) (c) 2u. of the statutes is created to read:

SB805,,16 440.03 (11m) (c) 2u. The coordinated database and reporting system under s. 460.50 (9), if such disclosure is required under the interstate massage compact under s. 460.50.

SB805,6 Section 6. 440.03 (13) (b) (intro.) of the statutes is amended to read:

SB805,,18 440.03 (13) (b) (intro.) The department may investigate whether an applicant for or holder of any of the following credentials has been charged with or convicted of a crime only pursuant to rules promulgated by the department under this paragraph, including rules that establish the criteria that the department will use to determine whether an investigation under this paragraph is necessary, except as provided in par. (c) and ss. 441.51 (5) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4., 448.987 (3) (a) 5. a. and (5) (b) 2. a., and 455.50 (3) (e) 4. and (f) 4., and 460.50 (3) (a) 5.:

SB805,7 Section 7. 440.03 (13) (c) of the statutes is renumbered 440.03 (13) (c) 1. (intro.) and amended to read:

SB805,,20 440.03 (13) (c) 1. (intro.) The department shall require an all of the following to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set of the person’s fingerprints:

SB805,,21 a. An applicant for a private detective license or a private security permit under s. 440.26, an.

SB805,,22 b. An applicant for a juvenile martial arts instructor permit under sub. (17), an.

SB805,,23 c. An applicant for a real estate appraiser certification under s. 458.06 or license under s. 458.08, an.

SB805,,24 d. An applicant for a multistate license under s. 441.06 (1c) or 441.10 (1c), an.

SB805,,25 e. An applicant for a compact license under s. 448.05 (2) (f), an.

SB805,,26 f. An applicant for a physical therapist license under s. 448.53 or physical therapist assistant license under s. 448.535, an.

SB805,,27 g. An applicant for an occupational therapist or occupational therapy assistant compact privilege under s. 448.987 (4), and an applicant for an occupational therapist or occupational therapy assistant license described in s. 448.987 (5) (b) 2. a., an.

SB805,,28 h. An applicant for a psychologist license under s. 455.04, and a.

SB805,,29 z. A person for whom the department conducts an investigation under par. (b), to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set of the person’s fingerprints.

SB805,,30 2. The department of justice may submit the fingerprint cards, and the department of justice shall submit the fingerprint cards of all applicants for a real estate appraiser certification under s. 458.06 or license under s. 458.08, of all applicants for a multistate license under s. 441.06 (1c) or 441.10 (1c), of all applicants for a compact license under s. 448.05 (2) (f), of all applicants for a physical therapist license under s. 448.53 or a physical therapist assistant license under s. 448.535, and of all applicants for a psychologist license under s. 455.04 identified in subd. 1. c. to i., to the federal bureau of investigation for the purpose of verifying the identity of the persons fingerprinted and obtaining records of their criminal arrests and convictions.

SB805,,31 3. Information obtained from the federal bureau of investigation may be shared with the department or the appropriate credentialing board, but shall otherwise be kept confidential and is not subject to disclosure under s. 19.35.

SB805,8 Section 8. 440.03 (13) (c) 1. i. of the statutes is created to read:

SB805,,33 440.03 (13) (c) 1. i. An applicant for a multistate license under s. 460.05 (3m).

SB805,9 Section 9. 440.15 of the statutes is amended to read:

SB805,,35 440.15 No fingerprinting. Except as provided under ss. 440.03 (13) (c), 441.51 (5) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4., 448.987 (3) (a) 5. a. and (5) (b) 2. a., 450.071 (3) (c) 9., 450.075 (3) (c) 9., and 455.50 (3) (e) 4. and (f) 4., and 460.50 (3) (a) 5., the department or a credentialing board may not require that an applicant for a credential or a credential holder be fingerprinted or submit fingerprints in connection with the department’s or the credentialing board’s credentialing.

SB805,10 Section 10. 446.01 (1v) (o) of the statutes is amended to read:

SB805,,37 446.01 (1v) (o) The massage therapy and bodywork therapy affiliated credentialing board under ch. 460. “Health care professional” also includes an individual who is exercising an authorization to practice, as defined in s. 460.01 (2), in this state.

SB805,11 Section 11. Subchapter I (title) of chapter 460 [precedes 460.01] of the statutes is created to read:

SB805,,39 CHAPTER 460

SB805,,40 SUBCHAPTER I

SB805,,42 REGULATION OF MASSAGE THERAPY AND BODYWORK THERAPY

SB805,12 Section 12. 460.01 (intro.) of the statutes is amended to read:

SB805,,44 460.01 Definitions. (intro.) In this chapter subchapter:

SB805,13 Section 13. 460.01 (2) of the statutes is created to read:

SB805,,46 460.01 (2) “Authorization to practice” means the authorization to practice, as defined in s. 460.50 (2) (d), of an individual to practice in this state under a multistate license granted by another state that is a party to the compact.

SB805,14 Section 14. 460.01 (2k) of the statutes is created to read:

SB805,,48 460.01 (2k) “Compact” means the interstate massage compact under s. 460.50.

SB805,15 Section 15. 460.01 (2m) of the statutes is amended to read:

SB805,,50 460.01 (2m) “License holder” means a person granted who holds a single-state license granted under this chapter or who is exercising an authorization to practice under a multistate license granted in another state that is a party to the compact.

SB805,16 Section 16. 460.01 (5) of the statutes is created to read:

SB805,,52 460.01 (5) “Multistate license” has the meaning given in s. 460.50 (2) (t).

SB805,17 Section 17. 460.01 (8) of the statutes is created to read:

SB805,,54 460.01 (8) “Single-state license” means a single-state license, as defined in s. 460.50 (2) (x), granted by the affiliated credentialing board under s. 460.05 (1m) or (2m).

SB805,18 Section 18. 460.02 of the statutes is amended to read:

SB805,,56 460.02 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 bodywork therapist or masseur or masseuse, or use or assume the title “massage therapist and bodywork therapist” or “massage therapist” or “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.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 licensed under this chapter, unless the person is licensed under this chapter subchapter or holds a multistate license granted in another state that is a party to the compact.

SB805,19 Section 19. 460.03 (intro.) of the statutes is amended to read:

SB805,,58 460.03 Applicability. (intro.) A license under this chapter subchapter is not required for any of the following:

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.