SS 080-23

STATEMENT OF SCOPE

MASSAGE THERAPY AND BODYWORK THERAPY AFFILIATED CREDENTIALING BOARD

Rule No.:

MTBT 6

Relating to:

Temporary Licenses

Rule Type:

Permanent

1. Finding/nature of emergency (Emergency Rule only): N/A

2. Detailed description of the objective of the proposed rule:

The objective of the proposed rule is to update Wisconsin Administrative Code ch. MTBT 6 to align it with current practice in the profession and to better protect the public.

3. Description of the existing policies relevant to the rule, new policies proposed to be included in the rule, and an analysis of policy alternatives:

Currently, MTBT 6.02 outlines requirements for temporary licensure based on the authority given in ss. 46004 (2) (f) and 460.08, stats. The Board will review and revise these requirements as needed to meet the current need for massage therapy and bodywork therapy temporary licensure in Wisconsin. If these rules are not updated, then they will continue to be outdated and open to misuse by those individuals who utilize the temporary license as a substitute for legitimate permanent licensure.

4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):

s. 15.085 (5) (b), stats. states that “[each affiliated credentialing board] shall promulgate rules for its own guidance and for the guidance of the trader or profession to which it pertains, and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular trade or profession.”

s. 460.04 (2) (f), stats. states that “[the affiliated credentialing board shall promulgate rules that establish] requirements to be satisfied by a person seeking a temporary license 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.”

s. 460.08, stats. states that “The affiliated credentialing board may grant a temporary license 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 may not be renewed.”

5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:

60 hours

6. List with description of all entities that may be affected by the proposed rule:

Individuals looking to enter the massage therapy and bodywork therapy profession and obtain licensure in Wisconsin.

7. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:

None.

8. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses):

The proposed rule is likely to have minimal or no economic impact on small businesses and the state’s economy as a whole.

Contact Person: Nilajah Hardin, [phone], [e-mail]