December 12, 2023 - Introduced by Senators Cabral-Guevara, Ballweg, Carpenter and Spreitzer, cosponsored by Representatives Tittl, Brandtjen, Dittrich, Jacobson, Melotik, Moses, O’Connor, Rozar, Schmidt, Spiros and Wichgers. Referred to Committee on Licensing, Constitution and Federalism.
SB805,,22An Act to repeal 460.09 (title); to renumber and amend 440.03 (13) (c), 460.05 (1), 460.05 (2), 460.07 (2) and 460.09; to amend 146.81 (1) (hp), 146.997 (1) (d) 13., 440.03 (13) (b) (intro.), 440.15, 446.01 (1v) (o), 460.01 (intro.), 460.01 (2m), 460.02, 460.03 (intro.), 460.03 (1), 460.04 (2) (b), 460.04 (2) (e), 460.04 (2) (f), 460.04 (2) (g), 460.05 (4), 460.06 (intro.), 460.07 (1), 460.07 (2) (c), 460.08, 460.095 (4) (intro.), 460.10 (1) (intro.), 460.10 (1) (a), 460.10 (2), 460.14 (1), 460.14 (2) (intro.), 460.14 (2) (j), 460.14 (2m) (intro.), 460.14 (3), 460.14 (4), 460.145, 460.15, 460.17 (1), 460.17 (2) (a) 1., 460.17 (2) (a) 2. and 895.48 (1m) (a) (intro.); and to create 14.897, 111.335 (4) (jm), 440.03 (11m) (c) 2u., 440.03 (13) (c) 1. i., subchapter I (title) of chapter 460 [precedes 460.01], 460.01 (2), 460.01 (2k), 460.01 (5), 460.01 (8), 460.05 (3m), 460.07 (2) (bm), 460.11 (4) and subchapter II of chapter 460 [precedes 460.50] of the statutes; relating to: ratification of the Interstate Massage Compact. SB805,,33Analysis by the Legislative Reference Bureau This bill ratifies and enters Wisconsin into the Interstate Massage Compact, which provides for the ability of a massage therapist to become eligible to practice in other compact states. Significant provisions of the compact include the following:
1. The creation of an Interstate Massage Compact Commission, which includes the primary administrative officer of the licensure boards or licensing authorities of each member state, or their designees. The commission has various powers and duties granted in the compact, including establishing bylaws, promulgating binding rules for the compact, electing or appointing officers and hiring employees, and establishing and electing an executive committee. The commission may levy on and collect an annual assessment from each member state or impose fees on licensees of member states to whom it grants a multistate license to cover the cost of the operations and activities of the commission and its staff.
2. The ability for a massage therapist who is licensed in a home state and satisfies certain other criteria to obtain a multistate license, which allows a massage therapist to practice massage therapy in all other compact states (remote states). The compact specifies a number of requirements in order for a massage therapist to obtain a multistate license, including holding a massage therapist license in a home state, having completed at least 625 hours of massage therapy education or the substantial equivalent, not having certain disqualifying criminal convictions, not having any encumbrances or restrictions against an occupational or professional license in the previous two years, and paying any required fees. A massage therapist practicing in a remote state under a multistate license is subject to all scope-of-practice laws governing massage therapy services in that state. A remote state may take actions against a massage therapist’s authorization to practice in the remote state, and if any 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. If a massage therapist’s home state or multistate license is encumbered, the massage therapist loses the authorization to practice in all remote states until certain criteria are satisfied.
3. The ability of member states to issue subpoenas that are enforceable in other states.
4. The creation of a coordinated database and reporting system containing licensure and disciplinary action information on massage therapists. The compact requires all home state disciplinary orders that impose adverse actions to be reported to the commission. A member state must submit a uniform data set to the data system on all individuals to whom the compact is applicable as required by the rules of the commission.
5. Provisions regarding resolutions of disputes between member states and between member and nonmember states, including a process for termination of a state’s membership in the compact if the state defaults on its obligations under the compact.
The compact becomes effective in this state upon enactment by seven states. The compact provides that it may be amended upon enactment of an amendment by all member states. A state may withdraw from the compact by repealing the statute authorizing the compact, but the compact provides that a withdrawal does not take effect until 180 days after the effective date of that repeal.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
SB805,,44The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SB805,15Section 1. 14.897 of the statutes is created to read: SB805,,6614.897 Interstate massage compact. There is created an interstate massage compact commission as specified in s. 460.50. The delegate on the commission representing this state shall be appointed by the massage therapy and bodywork therapy affiliated credentialing board as provided in s. 460.50 (8) (b) 1. and shall be an individual described in s. 460.50 (8) (b) 2. The commission has the powers and duties granted and imposed under s. 460.50. SB805,27Section 2. 111.335 (4) (jm) of the statutes is created to read: SB805,,88111.335 (4) (jm) Notwithstanding s. 111.322, it is not employment discrimination because of conviction record for the massage therapy and bodywork therapy affiliated credentialing board to do any of the following: SB805,,991. Refuse to license an individual in accordance with s. 460.05 (1m) (a) 8. SB805,,10102. Refuse to grant to an individual a multistate license, as defined in s. 460.01 (5), in accordance with s. 460.50 (4) (a) 5. to 7.