CHAPTER 460
Massage therapy and bodywork
460.01 Definitions.
460.02 Certificate required.
460.03 Applicability.
460.04 Duties of department.
460.05 Certification of massage therapists or bodyworkers.
460.06 Examinations.
460.07 Display of certificate; expiration and renewal.
460.09 Reciprocal certificate.
460.10 Continuing education.
460.11 Practice requirements.
460.12 Duty to make reports.
460.13 Advertising.
460.14 Disciplinary proceedings and actions.
460.15 Penalties.
460.17 Local regulation.
Ch. 460 Cross-reference Cross Reference: See also chs. RL 90, 91, 92, 93, and 94, Wis. adm. code.
460.01 460.01 Definitions. In this chapter:
460.01(1) (1) "Certificate holder" means a person granted a certificate under this chapter.
460.01(2) (2) "Council" means the massage therapy and bodywork council.
460.01(3) (3) "Manual action" includes holding, positioning, rocking, kneading, compressing, decompressing, gliding, or percussing the soft tissue of the human body or applying a passive range of motion to the human body.
460.01(4) (4) "Massage therapy or bodywork" means the science and healing art that uses manual actions to palpate and manipulate the soft tissue of the human body, in order to improve circulation, reduce tension, relieve soft tissue pain, or increase flexibility, and includes determining whether massage therapy or bodywork is appropriate or contraindicated, or whether a referral to another health care practitioner is appropriate. "Massage therapy or bodywork" does not include making a medical or chiropractic diagnosis.
460.01(5) (5) "Physician's office" has the meaning given in s. 101.123 (1) (dg).
460.01(6) (6) "Sexual contact" has the meaning given in s. 939.22 (34).
460.01(7) (7) "Sexual intercourse" has the meaning given in s. 948.01 (7) (a).
460.01 History History: 2001 a. 74.
460.02 460.02 Certificate required. Except as provided in s. 460.03, no person may designate himself or herself as a massage therapist or bodyworker, or use or assume the title "massage therapist and bodyworker" or "massage therapist" or "bodyworker" or any title that includes "massage therapist" or "bodyworker," or append to the person's name the letters "M.T.," "C.M.T.," "B.W.," or "C.B.W.," or use any other title or designation that represents or may tend to represent that he or she is certified under this chapter, unless the person is certified under this chapter.
460.02 History History: 2001 a. 74.
460.03 460.03 Applicability. A certificate under this chapter is not required for any of the following:
460.03(1) (1) A person holding a license, permit, registration, or certification granted by this state or the federal government who engages in a practice of massage therapy or bodywork within the scope of his or her license, permit, registration, or certification and who does not imply that he or she is certified under this chapter.
460.03(2) (2) A person who is authorized to practice massage therapy or bodywork in another state or country and is providing a consultation to or demonstration with a certificate holder.
460.03 History History: 2001 a. 74.
460.03 Cross-reference Cross Reference: See also chs. RL 90, 91, 92, 93, and 94, Wis. adm. code.
460.04 460.04 Duties of department.
460.04(1) (1) The department shall assign a unique certificate number to each person certified under this chapter.
460.04(2) (2) The department shall promulgate rules that establish all of the following:
460.04(2)(a) (a) Standards that govern the professional conduct of certificate holders in practicing massage therapy or bodywork. The standards shall prohibit a certificate holder from having sexual contact or sexual intercourse with a client.
460.04(2)(b) (b) Criteria for approving a training program for purposes of s. 460.05 (1) (e) 1. Rules promulgated under this paragraph shall require the training program to consist of at least 600 classroom hours.
460.04(2)(c) (c) Requirements and procedures for obtaining the informed consent of a client under s. 460.11 (1) and for making a report required under s. 460.12 (1).
460.04(2)(d) (d) A definition of "sexually oriented business" for purposes of s. 460.11 (3).
460.04(2)(e) (e) A requirement that an applicant for a certificate under this chapter submit evidence satisfactory to the department that 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) to provide such instruction.
460.04(3) (3) In addition to any other procedure under ch. 227 relating to the promulgation of rules, when promulgating a rule under this chapter, other than an emergency rule under s. 227.24, the department shall do all of the following:
460.04(3)(a) (a) Submit the proposed rule to the massage therapy and bodywork council at least 60 days before the proposed rule is submitted to the legislative council staff under s. 227.15 (1).
460.04(3)(b) (b) Consider any comments on a proposed rule made by the council, if the council submits the comments to the department within 30 days after a public hearing on the proposed rule under s. 227.18 or, if no hearing is held, within 30 days after the proposed rule is published under s. 227.16 (2) (e).
460.04(3)(c) (c) Include, in the report submitted to the legislature under s. 227.19 (2), any comments on the proposed rule submitted by the council under par. (b) and the department's responses to those comments.
460.04(4) (4) When promulgating emergency rules under s. 227.24, the department shall provide a copy of the rules to the council prior to publication of the rules in the official state newspaper.
460.04 History History: 2001 a. 74; 2007 a. 104.
460.04 Cross-reference Cross Reference: See also chs. RL 90, 91, 92, 93, and 94, Wis. adm. code.
460.05 460.05 Certification of massage therapists or bodyworkers.
460.05(1)(1) The department shall grant a certificate as a massage therapist or bodyworker to a person who satisfies all of the following:
460.05(1)(a) (a) The person is 18 years of age or older.
460.05(1)(b) (b) The person has graduated from high school or attained high school graduation equivalency as determined by the department of public instruction under s. 115.29 (4).
460.05(1)(c) (c) The person submits an application for the certificate to the department on a form provided by the department.
460.05(1)(d) (d) The person pays the fee specified in s. 440.05 (1).
460.05(1)(e) (e) Except as provided in sub. (2), the person submits evidence satisfactory to the department that he or she has done all of the following:
460.05(1)(e)1. 1. Graduated from a school of massage therapy or bodywork approved by the educational approval board under s. 38.50 or completed a training program approved by the department under the rules promulgated under s. 460.04 (2) (b).
460.05(1)(e)2. 2. Completed at least 6 classroom hours in the laws of this state and rules of the department relating to the practice of massage therapy or bodywork in a course of instruction approved by the department.
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This is an archival version of the Wis. Stats. database for 2007. See Are the Statutes on this Website Official?