SB805: Bill Text

SB805,,186 4. Submit to a background check;

SB805,,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;

SB805,,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;

SB805,,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:

SB805,,190 a. Kidnapping;

SB805,,191 b. Human trafficking;

SB805,,192 c. Human smuggling;

SB805,,193 d. Sexual battery, sexual assault, or any related offenses; or

SB805,,194 e. Any other category of offense which the commission may by rule designate.

SB805,,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 Have not previously held a massage therapy license which was revoked by, or surrendered in lieu of discipline to an applicable licensing authority;

SB805,,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

SB805,,197 10. Pay all required fees.

SB805,,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.

SB805,,199 (c) A licensee practicing in a member state is subject to all scope of practice laws governing massage therapy services in that state.

SB805,,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.

SB805,,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.

SB805,,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.

SB805,,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.

SB805,,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.

SB805,,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.

SB805,,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.

SB805,,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.

SB805,,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.

SB805,,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.

SB805,,210 (e) A remote state shall have the authority to:

SB805,,211 1. Take adverse actions against a licensee’s authorization to practice;

SB805,,212 2. Issue cease and desist orders or impose an encumbrance on a licensee’s authorization to practice in that state.

SB805,,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.

SB805,,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.

SB805,,215 5. Take adverse action against the licensee’s authorization to practice in that state based on the factual findings of another member state.

SB805,,216 (f) If an adverse action is taken by the home state against a licensee’s multistate license or single-state license to practice in the home state, the licensee’s authorization to practice in all other member states shall be deactivated until all encumbrances have been removed from such license. All home state disciplinary orders that impose an adverse action against a licensee shall include a statement that the massage therapist’s authorization to practice is deactivated in all member states during the pendency of the order.

SB805,,217 (g) If 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. A licensee whose authorization to practice in a remote state is removed for a specified period of time is not eligible to apply for a new multistate license in any other state until the specific time for removal of the authorization to practice has passed and all encumbrance requirements are satisfied.

SB805,,218 (h) Nothing in this compact shall override a member state’s authority to accept a licensee’s participation in an alternative program in lieu of adverse action. A licensee’s multistate license shall be suspended for the duration of the licensee’s participation in any alternative program.

SB805,,219 (i) Joint investigations. 1. In addition to the authority granted to a member state by its respective scope of practice laws or other applicable state law, a member state may participate with other member states in joint investigations of licensees.

SB805,,220 2. Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the compact.

SB805,,221 (7) Article 7 - active military member and their spouses. Active military member, or their spouses, shall designate a home state where the individual has a current license to practice massage therapy in good standing. The individual may retain their home state designation during any period of service when that individual or their spouse is on active duty assignment.

SB805,,222 (8) Article 8 - establishment and operation of Interstate Massage Compact Commission. (a) The compact member states hereby create and establish a joint government agency whose membership consists of all member states that have enacted the compact known as the Interstate Massage Compact Commission. The commission is an instrumentality of the compact states acting jointly and not an instrumentality of any one State. The commission shall come into existence on or after the effective date of the compact as set forth in sub. (12).

SB805,,223 (b) Membership, voting, and meetings. 1. Each member state shall have and be limited to one (1) delegate selected by that member state’s state licensing authority.

SB805,,224 2. The delegate shall be the primary administrative officer of the state licensing authority or their designee.

SB805,,225 3. The commission shall by rule or bylaw establish a term of office for delegates and may by rule or bylaw establish term limits.

SB805,,226 4. The commission may recommend removal or suspension of any delegate from office.

SB805,,227 5. A member state’s State licensing authority shall fill any vacancy of its delegate occurring on the commission within 60 days of the vacancy.

SB805,,228 6. Each delegate shall be entitled to one vote on all matters that are voted on by the commission.

SB805,,229 7. The commission shall meet at least once during each calendar year. Additional meetings may be held as set forth in the bylaws. The commission may meet by telecommunication, video conference or other similar electronic means.

SB805,,230 (c) The commission shall have the following powers:

SB805,,231 1. Establish the fiscal year of the commission;

SB805,,232 2. Establish code of conduct and conflict of interest policies;

SB805,,233 3. Adopt rules and bylaws;

SB805,,234 4. Maintain its financial records in accordance with the bylaws;

SB805,,235 5. Meet and take such actions as are consistent with the provisions of this compact, the commission’s rules, and the bylaws;

SB805,,236 6. Initiate and conclude legal proceedings or actions in the name of the commission, provided that the standing of any state licensing authority to sue or be sued under applicable law shall not be affected;

SB805,,237 7. Maintain and certify records and information provided to a member state as the authenticated business records of the commission, and designate an agent to do so on the commission’s behalf;

SB805,,238 8. Purchase and maintain insurance and bonds;

SB805,,239 9. Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state;

SB805,,240 10. Conduct an annual financial review;

SB805,,241 11. Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the compact, and establish the commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;

SB805,,242 12. Assess and collect fees;

SB805,,243 13. Accept any and all appropriate gifts, donations, grants of money, other sources of revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose of the same; provided that at all times the commission shall avoid any appearance of impropriety or conflict of interest;

SB805,,244 14. Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or mixed, or any undivided interest therein;

SB805,,245 15. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed;

SB805,,246 16. Establish a budget and make expenditures;

SB805,,247 17. Borrow money;

SB805,,248 18. Appoint committees, including standing committees, composed of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this compact and the bylaws;

SB805,,249 19. Accept and transmit complaints from the public, regulatory or law enforcement agencies, or the commission, to the relevant member state(s) regarding potential misconduct of licensees;

SB805,,250 20. Elect a chair, vice chair, secretary and treasurer and such other officers of the commission as provided in the commission’s bylaws;

SB805,,251 21. Establish and elect an executive committee, including a chair and a vice chair;

SB805,,252 22. Adopt and provide to the member states an annual report.

SB805,,253 23. Determine whether a state’s adopted language is materially different from the model compact language such that the state would not qualify for participation in the compact; and

SB805,,254 24. Perform such other functions as may be necessary or appropriate to achieve the purposes of this compact.

SB805,,255 (d) The executive committee. 1. The executive committee shall have the power to act on behalf of the commission according to the terms of this compact. The powers, duties, and responsibilities of the executive committee shall include:

SB805,,256 a. Overseeing the day-to-day activities of the administration of the compact including compliance with the provisions of the compact, the commission’s rules and bylaws, and other such duties as deemed necessary;

SB805,,257 b. Recommending to the commission changes to the rules or bylaws, changes to this compact legislation, fees charged to compact member states, fees charged to licensees, and other fees;

SB805,,258 c. Ensuring compact administration services are appropriately provided, including by contract;

SB805,,259 d. Preparing and recommending the budget;

SB805,,260 e. Maintaining financial records on behalf of the commission;

SB805,,261 f. Monitoring compact compliance of member states and providing compliance reports to the commission;

SB805,,262 g. Establishing additional committees as necessary;

SB805,,263 h. Exercise the powers and duties of the commission during the interim between commission meetings, except for adopting or amending rules, adopting or amending bylaws, and exercising any other powers and duties expressly reserved to the commission by rule or bylaw; and

SB805,,264 i. Other duties as provided in the Rules or bylaws of the Commission.

SB805,,265 2. The executive committee shall be composed of seven voting members and up to two ex-officio members as follows:

SB805,,266 a. The chair and vice chair of the commission and any other members of the commission who serve on the executive committee shall be voting members of the executive committee; and

SB805,,267 b. Other than the chair, vice-chair, secretary and treasurer, the commission shall elect three voting members from the current membership of the commission.

SB805,,268 c. The commission may elect ex-officio, nonvoting members as necessary as follows: one ex-officio member who is a representative of the national association of state massage therapy regulatory boards and one ex-officio member as specified in the Commission’s bylaws.

SB805,,269 3. The commission may remove any member of the executive committee as provided in the commission’s bylaws.

SB805,,270 4. The Executive Committee shall meet at least annually.

SB805,,271 a. Executive committee meetings shall be open to the public, except that the executive committee may meet in a closed, non-public session of a public meeting when dealing with any of the matters covered under par. (f) 4.

SB805,,272 b. The executive committee shall give five business days advance notice of its public meetings, posted on its website and as determined to provide notice to persons with an interest in the public matters the executive committee intends to address at those meetings.

SB805,,273 5. The executive committee may hold an emergency meeting when acting for the commission to:

SB805,,274 a. Meet an imminent threat to public health, safety, or welfare;