Minnesota:
The Minnesota Department of Health’s Office of Unlicensed Complementary and Alternative Health Care Practice (OCAP) investigates complaints and takes enforcement actions against massage therapists for violations of prohibited conduct. However, neither OCAP nor any other statewide agency or board oversees the licensing of massage therapists. Licensing requirements, if any, for massage therapists are established by the county or city in which the massage therapist practices.
Summary of factual data and analytical methodologies:
The rules clarify the requirements in ch. MTBT 4 for renewal and reinstatement of a license as a massage therapist or bodywork therapist. No additional factual data or analytical methodologies were used to develop the rules. Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
The rules were posted for a period of 14 days to solicit public comment on economic impact, including how the proposed rules may affect businesses, local government units, and individuals. No comments were received.
Fiscal Estimate and Economic Impact Analysis:
The Fiscal Estimate and Economic Impact Analysis document is attached.
Effect on small business:
These rules do not have an economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department’s Regulatory Review Coordinator may be contacted by email at Daniel.Hereth@wisconsin.gov, or by calling (608) 267-2435. Agency contact person:
Dale Kleven, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, Wisconsin 53708-8366; telephone 608-261-4472; email at DSPSAdminRules@wisconsin.gov. Place where comments are to be submitted and deadline for submission:
Comments may be submitted to Dale Kleven, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, WI 53708-8366, or by email to DSPSAdminRules@wisconsin.gov. Comments must be received at or before the public hearing to be held at 9:00 a.m. on September 3, 2019, to be included in the record of rule-making proceedings. -------------------------------------------------------------------------------------------------------------------
TEXT OF RULE
Section 1. Chapter MTBT 4 (title) is amended to read: REQUIREMENTS FOR RENEWAL AND REINSTATEMENT
Section 2. MTBT 4.02 (intro.) and (1) to (4) are amended to read:
MTBT 4.02 Renewal of license. In order to To renew a license, on or before the renewal date, the license holder a licensee shall, by the renewal date under s. MTBT 4.01, submit all of the following to the board: (1) A renewal An application for renewal on a form provided by the board.
(3) Evidence satisfactory to the board that he or she the licensee has in effect, as a policyholder and insured, 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.
(4) Evidence satisfactory to the board that he or she the licensee 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), Stats., to provide the instruction.
Section 3. MTBT 4.02 (5) is repealed and recreated to read:
MTBT 4.02 (5) The signed statement required under s. MTBT 7.02 (3). Section 4. MTBT 4.03 is amended to read:
MTBT 4.03 Failure to renew. A license holder licensee who fails to renew a license by the applicable renewal date may not use any title or description that implies that he or she is credentialed by the board as a massage therapist or bodywork therapist until his or her the license is renewed under s. MTBT 4.04 or reinstated under s. MTBT 4.05. Section 5. MTBT 4.04 (intro.) and (1) (intro.), (b), and (c) are amended to read:
MTBT 4.04 (intro.) Late renewal. A massage therapist or bodywork therapist who fails to renew his or her a license by the renewal date may renew the license by satisfying all one of the following requirements:
(1) (intro.) If applying less than within 5 years after of the renewal date, submitting to the board all of the following:
(b) The applicable renewal fees fee and late fee required under s. 440.08 (2) (a) (c) and (3), Stats.
(c) Evidence satisfactory to the board that he or she the applicant has in effect, as a policyholder and insured, 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.
Section 6. MTBT 4.04 (1) (d) and (e) are created to read:
MTBT 4.04 (1) (d) Evidence satisfactory to the board 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), Stats., to provide the instruction.
Section 7. MTBT 4.04 (2) (intro.) is renumbered MTBT 4.04 (2) and amended to read:
MTBT 4.04 (2) If applying 5 years or more than 5 years after the renewal date, satisfying the requirements in under sub. (1), and submitting proof evidence of all of the following: successful completion of educational coursework or an examination required by the board to ensure protection of the public health, safety, and welfare. Except as provided under s. MTBT 4.05 (1), this subsection does not apply to licensees who have unmet disciplinary requirements or whose licenses have been surrendered or revoked. Section 8. MTBT 4.04 (2) (a) and (b) are repealed.
Section 9. MTBT 4.05 is created to read:
MTBT 4.05 Reinstatement. A massage therapist or bodywork therapist who has unmet disciplinary requirements and has failed to renew a license within 5 years of the renewal date or whose license has been surrendered or revoked may apply for reinstatement of the license by submitting all of the following:
(1) Evidence of completion of the requirements under s. MTBT 4.04 (2).
(2) Evidence of completion of disciplinary requirements, if applicable.
(3) Evidence of rehabilitation or change in circumstances warranting reinstatement of the license.
Section 10. 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
