SB805: Bill Text

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SB805,35 Section 35. 460.09 (title) of the statutes is repealed.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

SB805,,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).

SB805,,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.

SB805,,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.

SB805,,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.

SB805,,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.

SB805,,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.

SB805,,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.

SB805,,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.

SB805,,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.

SB805,,157 (o) “Investigative information” - information, records, or documents received or generated by a licensing authority pursuant to an investigation or other inquiry.

SB805,,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.

SB805,,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.

SB805,,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.

SB805,,161 (s) “Member State” - any state that has adopted this compact.

SB805,,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.

SB805,,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.

SB805,,164 (v) “Remote state” - any member state, other than the licensee’s home state.

SB805,,165 (w) “Rule” - any opinion or regulation promulgated by the commission under this compact, which shall have the force of law.

SB805,,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.

SB805,,167 (y) “State” - a state, territory, possession of the United States, or the District of Columbia.

SB805,,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:

SB805,,169 1. License and regulate the practice of massage therapy;

SB805,,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;

SB805,,171 3. Accept passage of a national licensing examination as a criterion for massage therapy licensure in that state;

SB805,,172 4. Require that licensees satisfy educational requirements prior to being licensed to provide massage therapy services to the public in that state;

SB805,,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;

SB805,,174 6. Have continuing competence requirements as a condition for license renewal;