(25) Having an adverse action against a credential pertaining to the practice of massage therapy or bodywork therapy by any agency of this or another state, or by an agency or authority within the federal government. This subsection applies whether the adverse action is accompanied by findings of negligence or unprofessional conduct or results in a temporary or permanent limitation, restriction, suspension, or revocation, and whether or not the adverse action is accompanied by findings of negligence or unprofessional conduct.
(26) (intro.) Conviction of any federal or state law or rule, including criminal law, Subject to ss. 111.321, 111.322, and 111.335, Stats., being convicted of an offense the circumstances of which is substantially related relate to the practice of massage therapy or bodywork therapy. For the purposes of this subsection, all of the following shall apply: (a) Except as otherwise provided by law, a certified copy of a relevant decision is conclusive evidence of the finding of facts and conclusions of law by a state or federal court or agency charged with making legal determinations relevant to this paragraph is conclusive evidence of its findings of facts and conclusions of law a conviction.
(b) Under this paragraph, the The board has the burden of proving proof that the act a conviction is substantially related to the practice of massage therapy or bodywork therapy.
(28) Failing to display his or her the license granted under ch. 460, Stats., in his or her the licensee’s place of business or practice as required under s. 460.07 (1), Stats. so that it can easily be seen and read by the public. In the case of a mobile practice, a licensee is required to shall be able to present his or her the license for public display. (29) Failing to maintain liability insurance coverage in an amount not less than of at least $1,000,000 per occurrence and $1,000,000 for all occurrences in one year, pursuant to as required under s. 460.05 (1) (g), Stats.
Section 2. MTBT 5.03 (1) is renumbered MTBT 5.03 (1) (intro.) and amended to read:
MTBT 5.03 (1) (intro.) A license holder licensee shall submit a report to the board if he or she the licensee has reasonable cause to believe that another license holder licensee has committed a crime relating to prostitution under ss. 944.30 to 944.34, Stats., or has had sexual contact or sexual intercourse with a client. If the report relates to sexual contact or sexual intercourse with a client, the report may not identify the client unless the client has provided written consent for disclosure of this information. For purposes of this subsection, a licensee shall be considered to have reasonable cause upon occurrence of any of the following:
Section 3. MTBT 5.03 (2) (intro.) is repealed.
Section 4. MTBT 5.03 (2) (a) to (c) are renumbered MTBT 5.03 (1) (a) to (c) and amended to read:
MTBT 5.03 (1) (a) Being The licensee is informed by a person that, he or she has while a client of another licensee, that person engaged in an act with another license holder prohibited by ss. 944.30 to 944.34, Stats., with that licensee.
(b) Being The licensee is informed by a person that he or she, while a client of another license holder licensee, that person engaged in nonmarital sexual contact or sexual intercourse with the other license holder that licensee.
(c) Being The licensee is informed by another license holder licensee that he or she has they engaged in nonmarital sexual contact, or sexual intercourse, with a client, or has done an act prohibited by ss. 944.30 to 944.34, Stats., with a client.
Section 5. MTBT 5.03 (3) and (Note) are amended to read:
MTBT 5.03 (3) The report shall be made on a complaint form provided by the board. If the report relates to sexual contact or sexual intercourse with a client, the report may not identify the client unless the client has provided written consent for disclosure of this information. The board may use the report as the basis for an investigation under s. 460.14 (1), Stats.
(Note) Complaint forms are available from the Department department of Safety safety and Professional Services, Division of Legal Services and Compliance, 1400 East Washington Avenue, P.O. Box 7190, Madison, Wisconsin 53707, professional services at (608) 266-2112 or from the department's website at: http://dsps.wi.gov. Section 6. MTBT 5.04 is amended to read:
MTBT 5.04 Audits. The Any licensee who is under investigation by the board may conduct a random audit of any licensee on a biennial basis for alleged misconduct shall be audited by the board for compliance with the continuing education requirements set forth in under s. MTBT 7.02.
Section 7. Effective date. The rules adopted in this order shall take effect on the first day of the month following publication in the Wisconsin Administrative Register, pursuant to s. 227.22 (2) (intro.), Stats. --------------------------------------------------------------------------------------------------------------------
(END OF TEXT OF RULE)
Dated _________________ Agency __________________________________
Chairperson
Massage Therapy and Bodywork
Therapy Affiliated Credentialing Board
