Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB716 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 716
5	5	November 27, 2023 - Introduced by Representatives TITTL, BRANDTJEN, DITTRICH,
6	6	JACOBSON, MELOTIK, MOSES, O'CONNOR, ROZAR, SCHMIDT, SPIROS and WICHGERS,
7	7	cosponsored by Senators C ABRAL-GUEVARA, BALLWEG, CARPENTER and
8	8	SPREITZER. Referred to Committee on Regulatory Licensing Reform.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to repeal 460.09 (title); to renumber and amend 440.03 (13) (c), 460.05
11	11	(1), 460.05 (2), 460.07 (2) and 460.09; to amend 146.81 (1) (hp), 146.997 (1) (d)
12	12	13., 440.03 (13) (b) (intro.), 440.15, 446.01 (1v) (o), 460.01 (intro.), 460.01 (2m),
13	13	460.02, 460.03 (intro.), 460.03 (1), 460.04 (2) (b), 460.04 (2) (e), 460.04 (2) (f),
14	14	460.04 (2) (g), 460.05 (4), 460.06 (intro.), 460.07 (1), 460.07 (2) (c), 460.08,
15	15	460.095 (4) (intro.), 460.10 (1) (intro.), 460.10 (1) (a), 460.10 (2), 460.14 (1),
16	16	460.14 (2) (intro.), 460.14 (2) (j), 460.14 (2m) (intro.), 460.14 (3), 460.14 (4),
17	17	460.145, 460.15, 460.17 (1), 460.17 (2) (a) 1., 460.17 (2) (a) 2. and 895.48 (1m)
18	18	(a) (intro.); and to create 14.897, 111.335 (4) (jm), 440.03 (11m) (c) 2u., 440.03
19	19	(13) (c) 1. i., subchapter I (title) of chapter 460 [precedes 460.01], 460.01 (2),
20	20	460.01 (2k), 460.01 (5), 460.01 (8), 460.05 (3m), 460.07 (2) (bm), 460.11 (4) and
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33	33	ASSEMBLY BILL 716
34	34	subchapter II of chapter 460 [precedes 460.50] of the statutes; relating to:
35	35	ratification of the Interstate Massage Compact.
36	36	Analysis by the Legislative Reference Bureau
37	37	This bill ratifies and enters Wisconsin into the Interstate Massage Compact,
38	38	which provides for the ability of a massage therapist to become eligible to practice
39	39	in other compact states. Significant provisions of the compact include the following:
40	40	1. The creation of an Interstate Massage Compact Commission, which includes
41	41	the primary administrative officer of the licensure boards or licensing authorities of
42	42	each member state, or their designees. The commission has various powers and
43	43	duties granted in the compact, including establishing bylaws, promulgating binding
44	44	rules for the compact, electing or appointing officers and hiring employees, and
45	45	establishing and electing an executive committee. The commission may levy on and
46	46	collect an annual assessment from each member state or impose fees on licensees of
47	47	member states to whom it grants a multistate license to cover the cost of the
48	48	operations and activities of the commission and its staff.
49	49	2. The ability for a massage therapist who is licensed in a home state and
50	50	satisfies certain other criteria to obtain a multistate license, which allows a massage
51	51	therapist to practice massage therapy in all other compact states (remote states).
52	52	The compact specifies a number of requirements in order for a massage therapist to
53	53	obtain a multistate license, including holding a massage therapist license in a home
54	54	state, having completed at least 625 hours of massage therapy education or the
55	55	substantial equivalent, not having certain disqualifying criminal convictions, not
56	56	having any encumbrances or restrictions against an occupational or professional
57	57	license in the previous two years, and paying any required fees. A massage therapist
58	58	practicing in a remote state under a multistate license is subject to all
59	59	scope-of-practice laws governing massage therapy services in that state. A remote
60	60	state may take actions against a massage therapist's authorization to practice in the
61	61	remote state, and if any adverse action is taken by a remote state against a licensee's
62	62	authorization to practice, that adverse action applies to all authorizations to practice
63	63	in all remote states. If a massage therapist's home state or multistate license is
64	64	encumbered, the massage therapist loses the authorization to practice in all remote
65	65	states until certain criteria are satisfied.
66	66	3. The ability of member states to issue subpoenas that are enforceable in other
67	67	states.
68	68	4. The creation of a coordinated database and reporting system containing
69	69	licensure and disciplinary action information on massage therapists. The compact
70	70	requires all home state disciplinary orders that impose adverse actions to be reported
71	71	to the commission. A member state must submit a uniform data set to the data
72	72	system on all individuals to whom the compact is applicable as required by the rules
73	73	of the commission.
74	74	5. Provisions regarding resolutions of disputes between member states and
75	75	between member and nonmember states, including a process for termination of a
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81	81	state's membership in the compact if the state defaults on its obligations under the
82	82	compact.
83	83	The compact becomes effective in this state upon enactment by seven states.
84	84	The compact provides that it may be amended upon enactment of an amendment by
85	85	all member states. A state may withdraw from the compact by repealing the statute
86	86	authorizing the compact, but the compact provides that a withdrawal does not take
87	87	effect until 180 days after the effective date of that repeal.
88	88	For further information see the state fiscal estimate, which will be printed as
89	89	an appendix to this bill.
90	90	The people of the state of Wisconsin, represented in senate and assembly, do
91	91	enact as follows:
92	92	SECTION 1. 14.897 of the statutes is created to read:
93	93	14.897 Interstate massage compact. There is created an interstate
94	94	massage compact commission as specified in s. 460.50. The delegate on the
95	95	commission representing this state shall be appointed by the massage therapy and
96	96	bodywork therapy affiliated credentialing board as provided in s. 460.50 (8) (b) 1. and
97	97	shall be an individual described in s. 460.50 (8) (b) 2. The commission has the powers
98	98	and duties granted and imposed under s. 460.50.
99	99	SECTION 2. 111.335 (4) (jm) of the statutes is created to read:
100	100	111.335 (4) (jm) Notwithstanding s. 111.322, it is not employment
101	101	discrimination because of conviction record for the massage therapy and bodywork
102	102	therapy affiliated credentialing board to do any of the following:
103	103	1. Refuse to license an individual in accordance with s. 460.05 (1m) (a) 8.
104	104	2. Refuse to grant to an individual a multistate license, as defined in s. 460.01
105	105	(5), in accordance with s. 460.50 (4) (a) 5. to 7.
106	106	SECTION 3. 146.81 (1) (hp) of the statutes is amended to read:
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123	123	SECTION 3 ASSEMBLY BILL 716
124	124	146.81 (1) (hp) A massage therapist or bodywork therapist who is licensed
125	125	under subch. I of ch. 460 or who is exercising an authorization to practice, as defined
126	126	in s. 460.01 (2), in this state.
127	127	SECTION 4. 146.997 (1) (d) 13. of the statutes is amended to read:
128	128	146.997 (1) (d) 13. A massage therapist or bodywork therapist who is licensed
129	129	under ch. 460 or who is exercising an authorization to practice, as defined in s. 460.01
130	130	(2), in this state.
131	131	SECTION 5. 440.03 (11m) (c) 2u. of the statutes is created to read:
132	132	440.03 (11m) (c) 2u. The coordinated database and reporting system under s.
133	133	460.50 (9), if such disclosure is required under the interstate massage compact under
134	134	s. 460.50.
135	135	SECTION 6. 440.03 (13) (b) (intro.) of the statutes is amended to read:
136	136	440.03 (13) (b) (intro.) The department may investigate whether an applicant
137	137	for or holder of any of the following credentials has been charged with or convicted
138	138	of a crime only pursuant to rules promulgated by the department under this
139	139	paragraph, including rules that establish the criteria that the department will use
140	140	to determine whether an investigation under this paragraph is necessary, except as
141	141	provided in par. (c) and ss. 441.51 (5) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4.,
142	142	448.987 (3) (a) 5. a. and (5) (b) 2. a., and 455.50 (3) (e) 4. and (f) 4., and 460.50 (3) (a)
143	143	5.:
144	144	SECTION 7. 440.03 (13) (c) of the statutes is renumbered 440.03 (13) (c) 1. (intro.)
145	145	and amended to read:
146	146	440.03 (13) (c) 1. (intro.) The department shall require an all of the following
147	147	to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete
148	148	set of the person's fingerprints:
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176	176	SECTION 7
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178	178	a. An applicant for a private detective license or a private security permit under
179	179	s. 440.26, an.
180	180	b. An applicant for a juvenile martial arts instructor permit under sub. (17),
181	181	an.
182	182	c. An applicant for a real estate appraiser certification under s. 458.06 or
183	183	license under s. 458.08, an.
184	184	d. An applicant for a multistate license under s. 441.06 (1c) or 441.10 (1c), an.
185	185	e. An applicant for a compact license under s. 448.05 (2) (f), an.
186	186	f. An applicant for a physical therapist license under s. 448.53 or physical
187	187	therapist assistant license under s. 448.535, an.
188	188	g. An applicant for an occupational therapist or occupational therapy assistant
189	189	compact privilege under s. 448.987 (4), and an applicant for an occupational
190	190	therapist or occupational therapy assistant license described in s. 448.987 (5) (b) 2.
191	191	a., an.
192	192	h. An applicant for a psychologist license under s. 455.04, and a.
193	193	z. A person for whom the department conducts an investigation under par. (b),
194	194	to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete
195	195	set of the person's fingerprints.
196	196	2. The department of justice may submit the fingerprint cards, and the
197	197	department of justice shall submit the fingerprint cards of all applicants for a real
198	198	estate appraiser certification under s. 458.06 or license under s. 458.08, of all
199	199	applicants for a multistate license under s. 441.06 (1c) or 441.10 (1c), of all applicants
200	200	for a compact license under s. 448.05 (2) (f), of all applicants for a physical therapist
201	201	license under s. 448.53 or a physical therapist assistant license under s. 448.535, and
202	202	of all applicants for a psychologist license under s. 455.04 identified in subd. 1. c. to
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229	229	SECTION 7 ASSEMBLY BILL 716
230	230	i., to the federal bureau of investigation for the purpose of verifying the identity of
231	231	the persons fingerprinted and obtaining records of their criminal arrests and
232	232	convictions.
233	233	3. Information obtained from the federal bureau of investigation may be shared
234	234	with the department or the appropriate credentialing board, but shall otherwise be
235	235	kept confidential and is not subject to disclosure under s. 19.35.
236	236	SECTION 8. 440.03 (13) (c) 1. i. of the statutes is created to read:
237	237	440.03 (13) (c) 1. i. An applicant for a multistate license under s. 460.05 (3m).
238	238	SECTION 9. 440.15 of the statutes is amended to read:
239	239	440.15 No fingerprinting. Except as provided under ss. 440.03 (13) (c),
240	240	441.51 (5) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4., 448.987 (3) (a) 5. a. and (5) (b)
241	241	2. a., 450.071 (3) (c) 9., 450.075 (3) (c) 9., and 455.50 (3) (e) 4. and (f) 4., and 460.50
242	242	(3) (a) 5., the department or a credentialing board may not require that an applicant
243	243	for a credential or a credential holder be fingerprinted or submit fingerprints in
244	244	connection with the department's or the credentialing board's credentialing.
245	245	SECTION 10. 446.01 (1v) (o) of the statutes is amended to read:
246	246	446.01 (1v) (o) The massage therapy and bodywork therapy affiliated
247	247	credentialing board under ch. 460. “Health care professional" also includes an
248	248	individual who is exercising an authorization to practice, as defined in s. 460.01 (2),
249	249	in this state.
250	250	SECTION 11. Subchapter I (title) of chapter 460 [precedes 460.01] of the statutes
251	251	is created to read:
252	252	CHAPTER 460
253	253	SUBCHAPTER I
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280	280	SECTION 11
281	281	ASSEMBLY BILL 716
282	282	REGULATION OF MASSAGE THERAPY
283	283	AND BODYWORK THERAPY
284	284	SECTION 12. 460.01 (intro.) of the statutes is amended to read:
285	285	460.01 Definitions. (intro.) In this chapter subchapter:
286	286	SECTION 13. 460.01 (2) of the statutes is created to read:
287	287	460.01 (2) “Authorization to practice” means the authorization to practice, as
288	288	defined in s. 460.50 (2) (d), of an individual to practice in this state under a multistate
289	289	license granted by another state that is a party to the compact.
290	290	SECTION 14. 460.01 (2k) of the statutes is created to read:
291	291	460.01 (2k) “Compact” means the interstate massage compact under s. 460.50.
292	292	SECTION 15. 460.01 (2m) of the statutes is amended to read:
293	293	460.01 (2m) “License holder" means a person granted who holds a single-state
294	294	license granted under this chapter or who is exercising an authorization to practice
295	295	under a multistate license granted in another state that is a party to the compact.
296	296	SECTION 16. 460.01 (5) of the statutes is created to read:
297	297	460.01 (5) “Multistate license” has the meaning given in s. 460.50 (2) (t).
298	298	SECTION 17. 460.01 (8) of the statutes is created to read:
299	299	460.01 (8) “Single-state license” means a single-state license, as defined in s.
300	300	460.50 (2) (x), granted by the affiliated credentialing board under s. 460.05 (1m) or
301	301	(2m).
302	302	SECTION 18. 460.02 of the statutes is amended to read:
303	303	460.02 License required. Except as provided in s. 460.03, no person may
304	304	provide massage therapy or bodywork therapy, designate himself or herself as a
305	305	massage therapist or bodywork therapist or masseur or masseuse, or use or assume
306	306	the title “massage therapist and bodywork therapist" or “massage therapist" or
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333	333	SECTION 18 ASSEMBLY BILL 716
334	334	“bodywork therapist" or “masseur" or “masseuse" or any title that includes “massage
335	335	therapist," “bodywork therapist," or “bodyworker," or append to the person's name
336	336	the letters “M.T.," “R.M.T.," “L.M.T.," “C.M.T.," “B.T.," “B.W.," “L.B.W.," “R.B.W.," or
337	337	“C.B.W.," or use any other title or designation that represents or may tend to
338	338	represent that he or she is licensed under this chapter, unless the person is licensed
339	339	under this chapter subchapter or holds a multistate license granted in another state
340	340	that is a party to the compact.
341	341	SECTION 19. 460.03 (intro.) of the statutes is amended to read:
342	342	460.03 Applicability. (intro.) A license under this chapter subchapter is not
343	343	required for any of the following:
344	344	SECTION 20. 460.03 (1) of the statutes is amended to read:
345	345	460.03 (1) A person holding a license, permit, registration, or certification
346	346	granted by this state or the federal government who engages in a practice of massage
347	347	therapy or bodywork therapy within the scope of his or her license, permit,
348	348	registration, or certification and who does not imply that he or she is licensed under
349	349	this chapter a license holder. A person who is exempt from licensure under this
350	350	subsection may use the terms “bodywork," “bodyworker," and “bodywork therapy" to
351	351	identify his or her practice.
352	352	SECTION 21. 460.04 (2) (b) of the statutes is amended to read:
353	353	460.04 (2) (b) Criteria for approving a training program for purposes of s.
354	354	460.05 (1) (e) 1. (1m) (a) 5. a. Rules promulgated under this paragraph shall require
355	355	the training program to meet the requirements under s. 460.095 and to consist of at
356	356	least 600 classroom hours.
357	357	SECTION 22. 460.04 (2) (e) of the statutes is amended to read:
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384	384	SECTION 22
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386	386	460.04 (2) (e) A requirement that an applicant for a single-state license under
387	387	this chapter submit evidence satisfactory to the affiliated credentialing board that
388	388	the applicant has current proficiency in the use of an automated external
389	389	defibrillator achieved through instruction provided by an individual, organization,
390	390	or institution of higher education approved under s. 46.03 (38) to provide such
391	391	instruction.
392	392	SECTION 23. 460.04 (2) (f) of the statutes is amended to read:
393	393	460.04 (2) (f) Requirements to be satisfied by a person seeking a temporary
394	394	license permit under s. 460.08. The rules promulgated under this subsection shall
395	395	require the person to be a graduate of a massage therapy or bodywork therapy school
396	396	or program and may require the holder of a temporary license to make disclosures
397	397	to clients and to practice under the supervision of a massage therapist or bodywork
398	398	therapist licensed under this chapter license holder.
399	399	SECTION 24. 460.04 (2) (g) of the statutes is amended to read:
400	400	460.04 (2) (g) A requirement, for purposes of s. 460.05 (1m) (a) 5., that an
401	401	applicant for a license under this chapter s. 460.05 (1m) pass an examination on state
402	402	laws and administrative rules governing massage therapy and bodywork therapy.
403	403	SECTION 25. 460.05 (1) of the statutes is renumbered 460.05 (1m) (a), and
404	404	460.05 (1m) (a) 5. (intro.), 7. and 8. b., as renumbered, are amended to read:
405	405	460.05 (1m) (a) 5. (intro.) Except as provided in sub. (2) par. (b), the person
406	406	submits evidence satisfactory to the affiliated credentialing board that he or she has
407	407	done all of the following:
408	408	7. The person submits evidence satisfactory to the affiliated credentialing
409	409	board that he or she has in effect malpractice liability insurance coverage in an
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435	435	SECTION 25 ASSEMBLY BILL 716
436	436	amount that is not less than $1,000,000 per occurrence and $1,000,000 for all
437	437	occurrences in one year the amounts required under s. 460.11 (4).
438	438	8. b. An offense under federal law or a law of any other state that is comparable
439	439	to an offense under subd. 1. 8. a.
440	440	SECTION 26. 460.05 (2) of the statutes is renumbered 460.05 (1m) (b) and
441	441	amended to read:
442	442	460.05 (1m) (b) The affiliated credentialing board may waive a requirement
443	443	specified in sub. (1) (e) par (a) 5. if a person establishes, to the satisfaction of the
444	444	affiliated credentialing board, that he or she has education, training, or other
445	445	experience that is substantially equivalent to the requirement.
446	446	SECTION 27. 460.05 (3m) of the statutes is created to read:
447	447	460.05 (3m) The affiliated credentialing board shall grant a multistate license
448	448	to a person who holds a single-state license, satisfies the requirements under s.
449	449	460.50 (4) (a), and pays the fee specified in s. 440.05 (1).
450	450	SECTION 28. 460.05 (4) of the statutes is amended to read:
451	451	460.05 (4) The affiliated credentialing board may assign a unique license
452	452	number to each person licensed under this chapter subchapter.
453	453	SECTION 29. 460.06 (intro.) of the statutes is amended to read:
454	454	460.06 Examinations. (intro.) The affiliated credentialing board may not
455	455	grant a license under this chapter s. 460.05 (1m) unless the applicant achieves a
456	456	passing grade on the following examinations:
457	457	SECTION 30. 460.07 (1) of the statutes is amended to read:
458	458	460.07 (1) Each person who is licensed under this chapter license holder shall
459	459	conspicuously display the license in the place of business where he or she practices
460	460	massage therapy or bodywork therapy so that the license can easily be seen and read.
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488	488	SECTION 31
489	489	ASSEMBLY BILL 716
490	490	SECTION 31. 460.07 (2) of the statutes is renumbered 460.07 (2) (a), and 460.07
491	491	(2) (a) (intro.) and 2., as renumbered, are amended to read:
492	492	460.07 (2) (a) (intro.) Renewal applications An application for the renewal of
493	493	a single-state license shall be submitted to the department on a form provided by the
494	494	department on or before the applicable renewal date specified under s. 440.08 (2) (a)
495	495	and shall include all of the following:
496	496	2. If applicable, proof Proof of completion of continuing education under s.
497	497	460.10.
498	498	SECTION 32. 460.07 (2) (bm) of the statutes is created to read:
499	499	460.07 (2) (bm) Renewal of a multistate license granted under s. 460.05 (3m)
500	500	shall be governed by s. 460.50 (4).
501	501	SECTION 33. 460.07 (2) (c) of the statutes is amended to read:
502	502	460.07 (2) (c) Evidence satisfactory to the affiliated credentialing board that
503	503	the applicant has in effect malpractice liability insurance coverage in an amount that
504	504	is not less than $1,000,000 per occurrence and $1,000,000 for all occurrences in one
505	505	year the amounts required under s. 460.11 (4).
506	506	SECTION 34. 460.08 of the statutes is amended to read:
507	507	460.08 Temporary license permit. The affiliated credentialing board may
508	508	grant a temporary license permit for a period not to exceed 6 months to an applicant
509	509	who satisfies the requirements established in the rules under s. 460.04 (2) (f). A
510	510	temporary license permit may not be renewed.
511	511	SECTION 35. 460.09 (title) of the statutes is repealed.
512	512	SECTION 36. 460.09 of the statutes is renumbered 460.05 (2m) and amended
513	513	to read:
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539	539	SECTION 36 ASSEMBLY BILL 716
540	540	460.05 (2m) Upon application and payment of the fee specified in s. 440.05 (2),
541	541	the affiliated credentialing board shall grant a massage therapist or bodywork
542	542	therapist license to a person who holds a similar license in another state or territory
543	543	of the United States or another country if the affiliated credentialing board
544	544	determines that the requirements for receiving the license in the other state,
545	545	territory, or country are substantially equivalent to the requirements under s. 460.05
546	546	sub. (1m).
547	547	SECTION 37. 460.095 (4) (intro.) of the statutes is amended to read:
548	548	460.095 (4) (intro.) Ensure that each instructor hired by the school or training
549	549	program on or after December 1, 2010, to teach courses in theory and the practice of
550	550	massage therapy or bodywork therapy is licensed under this chapter subchapter and
551	551	has at least one of the following:
552	552	SECTION 38. 460.10 (1) (intro.) of the statutes is amended to read:
553	553	460.10 (1) (intro.) The affiliated credentialing board may shall promulgate
554	554	rules establishing all of the following:
555	555	SECTION 39. 460.10 (1) (a) of the statutes is amended to read:
556	556	460.10 (1) (a) Requirements and procedures for a license holder the holder of
557	557	a single-state license to complete continuing education programs or courses of study
558	558	to qualify for renewal of his or her license. The rules promulgated under this
559	559	paragraph may not require a license holder the holder of a single-state license to
560	560	complete more than 24 hours of continuing education programs or courses of study
561	561	in order to qualify for renewal of his or her license.
562	562	SECTION 40. 460.10 (2) of the statutes is amended to read:
563	563	460.10 (2) The affiliated credentialing board may waive all or part of any
564	564	requirement established in rules promulgated under sub. (1) (a) if it determines that
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592	592	SECTION 40
593	593	ASSEMBLY BILL 716
594	594	prolonged illness, disability, or other exceptional circumstances have prevented a
595	595	license holder an individual from completing the requirement.
596	596	SECTION 41. 460.11 (4) of the statutes is created to read:
597	597	460.11 (4) A license holder may not practice massage therapy or bodywork
598	598	therapy on a client unless the license holder has in effect malpractice liability
599	599	insurance coverage in an amount that is not less than $1,000,000 per occurrence and
600	600	$1,000,000 for all occurrences in one year.
601	601	SECTION 42. 460.14 (1) of the statutes is amended to read:
602	602	460.14 (1) Subject to the rules promulgated under s. 440.03 (1), the affiliated
603	603	credentialing board may make investigations and conduct hearings to determine
604	604	whether a violation of this chapter subchapter or any rule promulgated under this
605	605	chapter subchapter has occurred.
606	606	SECTION 43. 460.14 (2) (intro.) of the statutes is amended to read:
607	607	460.14 (2) (intro.) Subject to the rules promulgated under s. 440.03 (1), the
608	608	affiliated credentialing board may reprimand a license holder an individual who
609	609	holds a single-state license or who is exercising an authorization to practice or may
610	610	deny, limit, suspend, or revoke a single-state license under this chapter or
611	611	authorization to practice if it finds that the applicant or license holder individual has
612	612	done any of the following:
613	613	SECTION 44. 460.14 (2) (j) of the statutes is amended to read:
614	614	460.14 (2) (j) Violated this chapter subchapter or any rule promulgated under
615	615	this chapter subchapter.
616	616	SECTION 45. 460.14 (2m) (intro.) of the statutes is amended to read:
617	617	460.14 (2m) (intro.) Subject to the rules promulgated under s. 440.03 (1), the
618	618	affiliated credentialing board shall revoke a license under this chapter an
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645	645	SECTION 45 ASSEMBLY BILL 716
646	646	individual's single-state license or authorization to practice if the license holder
647	647	individual is convicted of any of the following:
648	648	SECTION 46. 460.14 (3) of the statutes is amended to read:
649	649	460.14 (3) The affiliated credentialing board may, subject to the terms of the
650	650	compact under s. 460.50, restore a single-state license or authorization to practice
651	651	that has been suspended or revoked on such terms and conditions as the affiliated
652	652	credentialing board may deem appropriate.
653	653	SECTION 47. 460.14 (4) of the statutes is amended to read:
654	654	460.14 (4) The affiliated credentialing board may, in addition to or in lieu of a
655	655	reprimand or revocation, limitation, suspension, or denial of a license or
656	656	authorization to practice, assess against a person who has done anything specified
657	657	under sub. (2) (a) to (j) a forfeiture of not more than $1,000 for each separate offense.
658	658	Each day of continued violation constitutes a separate offense.
659	659	SECTION 48. 460.145 of the statutes is amended to read:
660	660	460.145 Employment of unlicensed persons. No person may employ or
661	661	contract for the services of an individual to provide massage therapy or bodywork
662	662	therapy who is required to be licensed under s. 460.02 unless the individual is
663	663	licensed under this chapter a license holder.
664	664	SECTION 49. 460.15 of the statutes is amended to read:
665	665	460.15 Penalty. Any person who violates this chapter subchapter or any rule
666	666	promulgated under this chapter subchapter may be fined not more than $1,000 for
667	667	each violation or imprisoned for not more than 90 days, or both.
668	668	SECTION 50. 460.17 (1) of the statutes is amended to read:
669	669	460.17 (1) A city, village, town, or county may not enact an ordinance that
670	670	regulates the practice of massage therapy or bodywork therapy by a person who is
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698	698	SECTION 50
699	699	ASSEMBLY BILL 716
700	700	licensed by the affiliated credentialing board under this chapter license holder. No
701	701	provision of any ordinance enacted by a city, village, town, or county that is in effect
702	702	before February 1, 1999, and that relates to the practice of massage therapy or
703	703	bodywork therapy, may be enforced against a person who is licensed by the affiliated
704	704	credentialing board under this chapter license holder.
705	705	SECTION 51. 460.17 (2) (a) 1. of the statutes is amended to read:
706	706	460.17 (2) (a) 1. A city, village, or town may enact and enforce an ordinance that
707	707	prohibits an individual from violating the prohibitions under s. 460.02 unless the
708	708	individual is licensed under this chapter as required in compliance with the
709	709	requirement under s. 460.02.
710	710	SECTION 52. 460.17 (2) (a) 2. of the statutes is amended to read:
711	711	460.17 (2) (a) 2. A city, village, or town may enact and enforce an ordinance that
712	712	prohibits a person from employing or contracting for the services of an individual to
713	713	provide massage therapy or bodywork therapy who is required to be licensed in
714	714	compliance with the requirement under s. 460.02 unless the individual is licensed
715	715	under this chapter a license holder.
716	716	SECTION 53. Subchapter II of chapter 460 [precedes 460.50] of the statutes is
717	717	created to read:
718	718	SUBCHAPTER II
719	719	INTERSTATE MASSAGE COMP ACT
720	720	460.50 Interstate massage compact. (1) ARTICLE 1 - PURPOSE. The purpose
721	721	of this compact is to reduce the burdens on state governments and to facilitate the
722	722	interstate practice and regulation of massage therapy with the goal of improving
723	723	public access to, and the safety of, massage therapy services. Through this compact,
724	724	the member states seek to establish a regulatory framework which provides for a new
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751	751	SECTION 53 ASSEMBLY BILL 716
752	752	multistate licensing program. Through this additional licensing pathway, the
753	753	member states seek to provide increased value and mobility to licensed massage
754	754	therapists in the member states, while ensuring the provision of safe, competent, and
755	755	reliable services to the public. This compact is designed to achieve the following
756	756	objectives, and the member states hereby ratify the same intentions by subscribing
757	757	hereto:
758	758	(a) Increase public access to massage therapy services by providing for a
759	759	multistate licensing pathway;
760	760	(b) Enhance the member states' ability to protect the public's health and safety;
761	761	(c) Enhance the member states' ability to prevent human trafficking and
762	762	licensure fraud;
763	763	(d) Encourage the cooperation of member states in regulating the multistate
764	764	practice of massage therapy;
765	765	(e) Support relocating military members and their spouses;
766	766	(f) Facilitate and enhance the exchange of licensure, investigative, and
767	767	disciplinary information between the member states;
768	768	(g) Create an interstate commission that will exist to implement and
769	769	administer the compact;
770	770	(h) Allow a member state to hold a licensee accountable, even where that
771	771	licensee holds a multistate license;
772	772	(i) Create a streamlined pathway for licensees to practice in member states,
773	773	thus increasing the mobility of duly licensed massage therapists; and
774	774	(j) Serve the needs of licensed massage therapists and the public receiving their
775	775	services; however,
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802	802	SECTION 53
803	803	ASSEMBLY BILL 716
804	804	(k) Nothing in this compact is intended to prevent a state from enforcing its own
805	805	laws regarding the practice of massage therapy.
806	806	(2) ARTICLE 2 - DEFINITIONS. As used in this compact, except as otherwise
807	807	provided and subject to clarification by the rules of the commission, the following
808	808	definitions shall govern the terms herein:
809	809	(a) “Active military member” - any person with full-time duty status in the
810	810	armed forces of the United States, including members of the National Guard and
811	811	Reserve.
812	812	(b) “Adverse action” - any administrative, civil, equitable, or criminal action
813	813	permitted by a member state's laws which is imposed by a licensing authority or
814	814	other regulatory body against a licensee, including actions against an individual's
815	815	authorization to practice such as revocation, suspension, probation, surrender in lieu
816	816	of discipline, monitoring of the licensee, limitation of the licensee's practice, or any
817	817	other encumbrance on licensure affecting an individual's ability to practice massage
818	818	therapy, including the issuance of a cease and desist order.
819	819	(c) “Alternative program” - a non-disciplinary monitoring or prosecutorial
820	820	diversion program approved by a member state's licensing authority.
821	821	(d) “Authorization to practice” - a legal authorization by a remote state
822	822	pursuant to a multistate license permitting the practice of massage therapy in that
823	823	remote state, which shall be subject to the enforcement jurisdiction of the licensing
824	824	authority in that remote state.
825	825	(e) “Background check” - the submission of an applicant's criminal history
826	826	record information, as further defined in 28 CFR 20.3 (d), as amended from the
827	827	federal bureau of investigation and the agency responsible for retaining state
828	828	criminal records in the applicant's home state.
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855	855	SECTION 53 ASSEMBLY BILL 716
856	856	(f) “Charter member states” - member states who have enacted legislation to
857	857	adopt this compact where such legislation predates the effective date of this compact
858	858	as defined in sub. (12).
859	859	(g) “Commission” - the government agency whose membership consists of all
860	860	states that have enacted this compact, which is known as the Interstate Massage
861	861	Compact Commission, as defined in sub. (8), and which shall operate as an
862	862	instrumentality of the member states.
863	863	(h) “Continuing competence” - a requirement, as a condition of license renewal,
864	864	to provide evidence of participation in, and completion of, educational or professional
865	865	activities that maintain, improve, or enhance massage therapy fitness to practice.
866	866	(i) “Current significant investigative information” - investigative information
867	867	that a licensing authority, after an inquiry or investigation that complies with a
868	868	member state's due process requirements, has reason to believe is not groundless
869	869	and, if proved true, would indicate a violation of that state's laws regarding the
870	870	practice of massage therapy.
871	871	(j) “Data system” - a repository of information about licensees who hold
872	872	multistate licenses, which may include but is not limited to license status,
873	873	investigative information, and adverse actions.
874	874	(k) “Disqualifying event” - any event which shall disqualify an individual from
875	875	holding a multistate license under this compact, which the commission may by rule
876	876	specify.
877	877	(L) “Encumbrance” - a revocation or suspension of, or any limitation or
878	878	condition on, the full and unrestricted practice of massage therapy by a licensing
879	879	authority.
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906	906	SECTION 53
907	907	ASSEMBLY BILL 716
908	908	(m) “Executive Committee” - a group of delegates elected or appointed to act
909	909	on behalf of, and within the powers granted to them by, the commission.
910	910	(n) “Home state” - means the member state which is a licensee's primary state
911	911	of residence where the licensee holds an active single-state license.
912	912	(o) “Investigative information” - information, records, or documents received
913	913	or generated by a licensing authority pursuant to an investigation or other inquiry.
914	914	(p) “Licensing authority” - a state's regulatory body responsible for issuing
915	915	massage therapy licenses or otherwise overseeing the practice of massage therapy
916	916	in that state.
917	917	(q) “Licensee” - an individual who currently holds a license from a member
918	918	state to fully practice massage therapy, whose license is not a student, provisional,
919	919	temporary, inactive, or other similar status.
920	920	(r) “Massage therapy”, “massage therapy services”, and the “practice of
921	921	massage therapy” - the care and services provided by a licensee as set forth in the
922	922	member state's statutes and regulations in the state where the services are being
923	923	provided.
924	924	(s) “Member State” - any state that has adopted this compact.
925	925	(t) “Multistate License” - a license that consists of authorizations to practice
926	926	massage therapy in all remote states pursuant to this compact, which shall be
927	927	subject to the enforcement jurisdiction of the licensing authority in a licensee's home
928	928	state.
929	929	(u) “National licensing examination” - a national examination developed by a
930	930	national association of massage therapy regulatory boards, as defined by
931	931	commission rule, that is derived from a practice analysis and is consistent with
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957	957	SECTION 53 ASSEMBLY BILL 716
958	958	generally accepted psychometric principles of fairness, validity and reliability, and
959	959	is administered under secure and confidential examination protocols.
960	960	(v) “Remote state” - any member state, other than the licensee's home state.
961	961	(w) “Rule” - any opinion or regulation promulgated by the commission under
962	962	this compact, which shall have the force of law.
963	963	(x) “Single-state license” - a current, valid authorization issued by a member
964	964	state's licensing authority allowing an individual to fully practice massage therapy,
965	965	that is not a restricted, student, provisional, temporary, or inactive practice
966	966	authorization and authorizes practice only within the issuing state.
967	967	(y) “State” - a state, territory, possession of the United States, or the District
968	968	of Columbia.
969	969	(3) ARTICLE 3 - MEMBER STATE REQUIREMENTS. (a) To be eligible to join this
970	970	compact, and to maintain eligibility as a member state, a state must:
971	971	1. License and regulate the practice of massage therapy;
972	972	2. Have a mechanism or entity in place to receive and investigate complaints
973	973	from the public, regulatory or law enforcement agencies, or the commission about
974	974	licensees practicing in that state;
975	975	3. Accept passage of a national licensing examination as a criterion for massage
976	976	therapy licensure in that state;
977	977	4. Require that licensees satisfy educational requirements prior to being
978	978	licensed to provide massage therapy services to the public in that state;
979	979	5. Implement procedures for requiring the background check of applicants for
980	980	a multistate license, and for the reporting of any disqualifying events, including but
981	981	not limited to obtaining and submitting, for each licensee holding a multistate
982	982	license and each applicant for a multistate license, fingerprint or other
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1010	1010	SECTION 53
1011	1011	ASSEMBLY BILL 716
1012	1012	biometric-based information to the federal bureau of investigation for background
1013	1013	checks; receiving the results of the federal bureau of investigation record search on
1014	1014	background checks and considering the results of such a background check in
1015	1015	making licensure decisions;
1016	1016	6. Have continuing competence requirements as a condition for license
1017	1017	renewal;
1018	1018	7. Participate in the data system, including through the use of unique
1019	1019	identifying numbers as described herein;
1020	1020	8. Notify the commission and other member states, in compliance with the
1021	1021	terms of the compact and rules of the commission, of any disciplinary action taken
1022	1022	by the state against a licensee practicing under a multistate license in that state, or
1023	1023	of the existence of investigative information or current significant investigative
1024	1024	information regarding a licensee practicing in that state pursuant to a multistate
1025	1025	license;
1026	1026	9. Comply with the rules of the commission;
1027	1027	10. Accept licensees with valid multistate licenses from other member states
1028	1028	as established herein;
1029	1029	(b) Individuals not residing in a member state shall continue to be able to apply
1030	1030	for a member state's single-state license as provided under the laws of each member
1031	1031	state. However, the single-state license granted to those individuals shall not be
1032	1032	recognized as granting a multistate license for massage therapy in any other member
1033	1033	state;
1034	1034	(c) Nothing in this compact shall affect the requirements established by a
1035	1035	member state for the issuance of a single-state license; and
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1061	1061	SECTION 53 ASSEMBLY BILL 716
1062	1062	(d) A multistate license issued to a licensee shall be recognized by each remote
1063	1063	state as an authorization to practice massage therapy in each remote state.
1064	1064	(4) ARTICLE 4 - MULTISTATE LICENSE REQUIREMENTS. (a) To qualify for a multistate
1065	1065	license under this compact, and to maintain eligibility for such a license, an applicant
1066	1066	must:
1067	1067	1. Hold an active single-state license to practice massage therapy in the
1068	1068	applicant's home state;
1069	1069	2. Have completed at least six hundred and twenty-five (625) clock hours of
1070	1070	massage therapy education or the substantial equivalent which the commission may
1071	1071	approve by rule.
1072	1072	3. Have passed a national licensing examination or the substantial equivalent
1073	1073	which the commission may approve by rule.
1074	1074	4. Submit to a background check;
1075	1075	5. Have not been convicted or found guilty, or have entered into an agreed
1076	1076	disposition, of a felony offense under applicable state or federal criminal law, within
1077	1077	five (5) years prior to the date of their application, where such a time period shall not
1078	1078	include any time served for the offense, and provided that the applicant has
1079	1079	completed any and all requirements arising as a result of any such offense;
1080	1080	6. Have not been convicted or found guilty, or have entered into an agreed
1081	1081	disposition, of a misdemeanor offense related to the practice of massage therapy
1082	1082	under applicable state or federal criminal law, within two (2) years prior to the date
1083	1083	of their application where such a time period shall not include any time served for
1084	1084	the offense, and provided that the applicant has completed any and all requirements
1085	1085	arising as a result of any such offense;
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1112	1112	SECTION 53
1113	1113	ASSEMBLY BILL 716
1114	1114	7. Have not been convicted or found guilty, or have entered into an agreed
1115	1115	disposition, of any offense, whether a misdemeanor or a felony, under State or federal
1116	1116	law, at any time, relating to any of the following:
1117	1117	a. Kidnapping;
1118	1118	b. Human trafficking;
1119	1119	c. Human smuggling;
1120	1120	d. Sexual battery, sexual assault, or any related offenses; or
1121	1121	e. Any other category of offense which the commission may by rule designate.
1122	1122	8. Have not previously held a massage therapy license which was revoked by,
1123	1123	or surrendered in lieu of discipline to an applicable licensing authority;
1124	1124	9. Have no history of any adverse action on any occupational or professional
1125	1125	license within two (2) years prior to the date of their application; and
1126	1126	10. Pay all required fees.
1127	1127	(b) A multistate license granted pursuant to this compact may be effective for
1128	1128	a definite period of time concurrent with the renewal of the home state license.
1129	1129	(c) A licensee practicing in a member state is subject to all scope of practice laws
1130	1130	governing massage therapy services in that state.
1131	1131	(d) The practice of massage therapy under a multistate license granted
1132	1132	pursuant to this compact will subject the licensee to the jurisdiction of the licensing
1133	1133	authority, the courts, and the laws of the member state in which the massage therapy
1134	1134	services are provided.
1135	1135	(5) ARTICLE 5 - AUTHORITY OF INTERSTATE MASSAGE COMPACT COMMISSION AND
1136	1136	MEMBER STATE LICENSING AUTHORITIES. (a) Nothing in this compact, nor any rule of the
1137	1137	commission, shall be construed to limit, restrict, or in any way reduce the ability of
1138	1138	a member state to enact and enforce laws, regulations, or other rules related to the
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1165	1165	SECTION 53 ASSEMBLY BILL 716
1166	1166	practice of massage therapy in that state, where those laws, regulations, or other
1167	1167	rules are not inconsistent with the provisions of this compact.
1168	1168	(b) Nothing in this compact, nor any rule of the commission, shall be construed
1169	1169	to limit, restrict, or in any way reduce the ability of a member state to take adverse
1170	1170	action against a licensee's single-state license to practice massage therapy in that
1171	1171	state.
1172	1172	(c) Nothing in this compact, nor any rule of the commission, shall be construed
1173	1173	to limit, restrict, or in any way reduce the ability of a remote state to take adverse
1174	1174	action against a licensee's authorization to practice in that state.
1175	1175	(d) Nothing in this compact, nor any rule of the commission, shall be construed
1176	1176	to limit, restrict, or in any way reduce the ability of a licensee's home state to take
1177	1177	adverse action against a licensee's multistate license based upon information
1178	1178	provided by a remote state.
1179	1179	(e) Insofar as practical, a member state's licensing authority shall cooperate
1180	1180	with the commission and with each entity exercising independent regulatory
1181	1181	authority over the practice of massage therapy according to the provisions of this
1182	1182	compact.
1183	1183	(6) ARTICLE 6 - ADVERSE ACTIONS. (a) A licensee's home state shall have exclusive
1184	1184	power to impose an adverse action against a licensee's multistate license issued by
1185	1185	the home state.
1186	1186	(b) A home state may take adverse action on a multistate license based on the
1187	1187	investigative information, current significant investigative information, or adverse
1188	1188	action of a remote state.
1189	1189	(c) A home state shall retain authority to complete any pending investigations
1190	1190	of a licensee practicing under a multistate license who changes their home state
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1218	1218	SECTION 53
1219	1219	ASSEMBLY BILL 716
1220	1220	during the course of such an investigation. The licensing authority shall also be
1221	1221	empowered to report the results of such an investigation to the commission through
1222	1222	the data system as described herein.
1223	1223	(d) Any member state may investigate actual or alleged violations of the scope
1224	1224	of practice laws in any other member state for a massage therapist who holds a
1225	1225	multistate license.
1226	1226	(e) A remote state shall have the authority to:
1227	1227	1. Take adverse actions against a licensee's authorization to practice;
1228	1228	2. Issue cease and desist orders or impose an encumbrance on a licensee's
1229	1229	authorization to practice in that state.
1230	1230	3. Issue subpoenas for both hearings and investigations that require the
1231	1231	attendance and testimony of witnesses, as well as the production of evidence.
1232	1232	Subpoenas issued by a licensing authority in a member state for the attendance and
1233	1233	testimony of witnesses or the production of evidence from another member state
1234	1234	shall be enforced in the latter state by any court of competent jurisdiction, according
1235	1235	to the practice and procedure of that court applicable to subpoenas issued in
1236	1236	proceedings before it. The issuing licensing authority shall pay any witness fees,
1237	1237	travel expenses, mileage, and other fees required by the service statutes of the state
1238	1238	in which the witnesses or evidence are located.
1239	1239	4. If otherwise permitted by state law, recover from the affected licensee the
1240	1240	costs of investigations and disposition of cases resulting from any adverse action
1241	1241	taken against that licensee.
1242	1242	5. Take adverse action against the licensee's authorization to practice in that
1243	1243	state based on the factual findings of another member state.
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1269	1269	SECTION 53 ASSEMBLY BILL 716
1270	1270	(f) If an adverse action is taken by the home state against a licensee's multistate
1271	1271	license or single-state license to practice in the home state, the licensee's
1272	1272	authorization to practice in all other member states shall be deactivated until all
1273	1273	encumbrances have been removed from such license. All home state disciplinary
1274	1274	orders that impose an adverse action against a licensee shall include a statement
1275	1275	that the massage therapist's authorization to practice is deactivated in all member
1276	1276	states during the pendency of the order.
1277	1277	(g) If adverse action is taken by a remote state against a licensee's
1278	1278	authorization to practice, that adverse action applies to all authorizations to practice
1279	1279	in all remote states. A licensee whose authorization to practice in a remote state is
1280	1280	removed for a specified period of time is not eligible to apply for a new multistate
1281	1281	license in any other state until the specific time for removal of the authorization to
1282	1282	practice has passed and all encumbrance requirements are satisfied.
1283	1283	(h) Nothing in this compact shall override a member state's authority to accept
1284	1284	a licensee's participation in an alternative program in lieu of adverse action. A
1285	1285	licensee's multistate license shall be suspended for the duration of the licensee's
1286	1286	participation in any alternative program.
1287	1287	(i) Joint investigations. 1. In addition to the authority granted to a member
1288	1288	state by its respective scope of practice laws or other applicable state law, a member
1289	1289	state may participate with other member states in joint investigations of licensees.
1290	1290	2. Member states shall share any investigative, litigation, or compliance
1291	1291	materials in furtherance of any joint or individual investigation initiated under the
1292	1292	compact.
1293	1293	(7) ARTICLE 7 - ACTIVE MILITARY MEMBER AND THEIR SPOUSES. Active military
1294	1294	member, or their spouses, shall designate a home state where the individual has a
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1322	1322	SECTION 53
1323	1323	ASSEMBLY BILL 716
1324	1324	current license to practice massage therapy in good standing. The individual may
1325	1325	retain their home state designation during any period of service when that
1326	1326	individual or their spouse is on active duty assignment.
1327	1327	(8) ARTICLE 8 - ESTABLISHMENT AND OPERATION OF INTERSTATE MASSAGE COMPACT
1328	1328	COMMISSION. (a) The compact member states hereby create and establish a joint
1329	1329	government agency whose membership consists of all member states that have
1330	1330	enacted the compact known as the Interstate Massage Compact Commission. The
1331	1331	commission is an instrumentality of the compact states acting jointly and not an
1332	1332	instrumentality of any one State. The commission shall come into existence on or
1333	1333	after the effective date of the compact as set forth in sub. (12).
1334	1334	(b) Membership, voting, and meetings. 1. Each member state shall have and
1335	1335	be limited to one (1) delegate selected by that member state's state licensing
1336	1336	authority.
1337	1337	2. The delegate shall be the primary administrative officer of the state licensing
1338	1338	authority or their designee.
1339	1339	3. The commission shall by rule or bylaw establish a term of office for delegates
1340	1340	and may by rule or bylaw establish term limits.
1341	1341	4. The commission may recommend removal or suspension of any delegate from
1342	1342	office.
1343	1343	5. A member state's State licensing authority shall fill any vacancy of its
1344	1344	delegate occurring on the commission within 60 days of the vacancy.
1345	1345	6. Each delegate shall be entitled to one vote on all matters that are voted on
1346	1346	by the commission.
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1371	1371	SECTION 53 ASSEMBLY BILL 716
1372	1372	7. The commission shall meet at least once during each calendar year.
1373	1373	Additional meetings may be held as set forth in the bylaws. The commission may
1374	1374	meet by telecommunication, video conference or other similar electronic means.
1375	1375	(c) The commission shall have the following powers:
1376	1376	1. Establish the fiscal year of the commission;
1377	1377	2. Establish code of conduct and conflict of interest policies;
1378	1378	3. Adopt rules and bylaws;
1379	1379	4. Maintain its financial records in accordance with the bylaws;
1380	1380	5. Meet and take such actions as are consistent with the provisions of this
1381	1381	compact, the commission's rules, and the bylaws;
1382	1382	6. Initiate and conclude legal proceedings or actions in the name of the
1383	1383	commission, provided that the standing of any state licensing authority to sue or be
1384	1384	sued under applicable law shall not be affected;
1385	1385	7. Maintain and certify records and information provided to a member state as
1386	1386	the authenticated business records of the commission, and designate an agent to do
1387	1387	so on the commission's behalf;
1388	1388	8. Purchase and maintain insurance and bonds;
1389	1389	9. Borrow, accept, or contract for services of personnel, including, but not
1390	1390	limited to, employees of a member state;
1391	1391	10. Conduct an annual financial review;
1392	1392	11. Hire employees, elect or appoint officers, fix compensation, define duties,
1393	1393	grant such individuals appropriate authority to carry out the purposes of the
1394	1394	compact, and establish the commission's personnel policies and programs relating
1395	1395	to conflicts of interest, qualifications of personnel, and other related personnel
1396	1396	matters;
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1424	1424	SECTION 53
1425	1425	ASSEMBLY BILL 716
1426	1426	12. Assess and collect fees;
1427	1427	13. Accept any and all appropriate gifts, donations, grants of money, other
1428	1428	sources of revenue, equipment, supplies, materials, and services, and receive, utilize,
1429	1429	and dispose of the same; provided that at all times the commission shall avoid any
1430	1430	appearance of impropriety or conflict of interest;
1431	1431	14. Lease, purchase, retain, own, hold, improve, or use any property, real,
1432	1432	personal, or mixed, or any undivided interest therein;
1433	1433	15. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise
1434	1434	dispose of any property real, personal, or mixed;
1435	1435	16. Establish a budget and make expenditures;
1436	1436	17. Borrow money;
1437	1437	18. Appoint committees, including standing committees, composed of
1438	1438	members, state regulators, state legislators or their representatives, and consumer
1439	1439	representatives, and such other interested persons as may be designated in this
1440	1440	compact and the bylaws;
1441	1441	19. Accept and transmit complaints from the public, regulatory or law
1442	1442	enforcement agencies, or the commission, to the relevant member state(s) regarding
1443	1443	potential misconduct of licensees;
1444	1444	20. Elect a chair, vice chair, secretary and treasurer and such other officers of
1445	1445	the commission as provided in the commission's bylaws;
1446	1446	21. Establish and elect an executive committee, including a chair and a vice
1447	1447	chair;
1448	1448	22. Adopt and provide to the member states an annual report.
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1473	1473	SECTION 53 ASSEMBLY BILL 716
1474	1474	23. Determine whether a state's adopted language is materially different from
1475	1475	the model compact language such that the state would not qualify for participation
1476	1476	in the compact; and
1477	1477	24. Perform such other functions as may be necessary or appropriate to achieve
1478	1478	the purposes of this compact.
1479	1479	(d) The executive committee. 1. The executive committee shall have the power
1480	1480	to act on behalf of the commission according to the terms of this compact. The powers,
1481	1481	duties, and responsibilities of the executive committee shall include:
1482	1482	a. Overseeing the day-to-day activities of the administration of the compact
1483	1483	including compliance with the provisions of the compact, the commission's rules and
1484	1484	bylaws, and other such duties as deemed necessary;
1485	1485	b. Recommending to the commission changes to the rules or bylaws, changes
1486	1486	to this compact legislation, fees charged to compact member states, fees charged to
1487	1487	licensees, and other fees;
1488	1488	c. Ensuring compact administration services are appropriately provided,
1489	1489	including by contract;
1490	1490	d. Preparing and recommending the budget;
1491	1491	e. Maintaining financial records on behalf of the commission;
1492	1492	f. Monitoring compact compliance of member states and providing compliance
1493	1493	reports to the commission;
1494	1494	g. Establishing additional committees as necessary;
1495	1495	h. Exercise the powers and duties of the commission during the interim
1496	1496	between commission meetings, except for adopting or amending rules, adopting or
1497	1497	amending bylaws, and exercising any other powers and duties expressly reserved to
1498	1498	the commission by rule or bylaw; and
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1526	1526	SECTION 53
1527	1527	ASSEMBLY BILL 716
1528	1528	i. Other duties as provided in the Rules or bylaws of the Commission.
1529	1529	2. The executive committee shall be composed of seven voting members and up
1530	1530	to two ex-officio members as follows:
1531	1531	a. The chair and vice chair of the commission and any other members of the
1532	1532	commission who serve on the executive committee shall be voting members of the
1533	1533	executive committee; and
1534	1534	b. Other than the chair, vice-chair, secretary and treasurer, the commission
1535	1535	shall elect three voting members from the current membership of the commission.
1536	1536	c. The commission may elect ex-officio, nonvoting members as necessary as
1537	1537	follows: one ex-officio member who is a representative of the national association of
1538	1538	state massage therapy regulatory boards and one ex-officio member as specified in
1539	1539	the Commission's bylaws.
1540	1540	3. The commission may remove any member of the executive committee as
1541	1541	provided in the commission's bylaws.
1542	1542	4. The Executive Committee shall meet at least annually.
1543	1543	a. Executive committee meetings shall be open to the public, except that the
1544	1544	executive committee may meet in a closed, non-public session of a public meeting
1545	1545	when dealing with any of the matters covered under par. (f) 4.
1546	1546	b. The executive committee shall give five business days advance notice of its
1547	1547	public meetings, posted on its website and as determined to provide notice to persons
1548	1548	with an interest in the public matters the executive committee intends to address at
1549	1549	those meetings.
1550	1550	5. The executive committee may hold an emergency meeting when acting for
1551	1551	the commission to:
1552	1552	a. Meet an imminent threat to public health, safety, or welfare;
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1579	1579	SECTION 53 ASSEMBLY BILL 716
1580	1580	b. Prevent a loss of commission or participating state funds; or
1581	1581	c. Protect public health and safety.
1582	1582	(e) The commission shall adopt and provide to the member states an annual
1583	1583	report.
1584	1584	(f) Meetings of the Commission. 1. All meetings of the commission that are not
1585	1585	closed pursuant to this subsection shall be open to the public. Notice of public
1586	1586	meetings shall be posted on the commission's website at least thirty (30) days prior
1587	1587	to the public meeting.
1588	1588	2. Notwithstanding subd. 1., the commission may convene an emergency public
1589	1589	meeting by providing at least twenty-four (24) hours prior notice on the commission's
1590	1590	website, and any other means as provided in the commission's rules, for any of the
1591	1591	reasons it may dispense with notice of proposed rulemaking under sub. (10) (L). The
1592	1592	commission's legal counsel shall certify the that one of the reasons justifying an
1593	1593	emergency public meeting has been met.
1594	1594	3. Notice of all commission meetings shall provide the time, date, and location
1595	1595	of the meeting, and if the meeting is to be held or accessible via telecommunication,
1596	1596	video conference, or other electronic means, the notice shall include the mechanism
1597	1597	for access to the meeting.
1598	1598	4. The commission may convene in a closed, non-public meeting for the
1599	1599	commission to discuss:
1600	1600	a. Non-compliance of a member state with its obligations under the compact;
1601	1601	b. The employment, compensation, discipline or other matters, practices or
1602	1602	procedures related to specific employees or other matters related to the commission's
1603	1603	internal personnel practices and procedures;
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1630	1630	SECTION 53
1631	1631	ASSEMBLY BILL 716
1632	1632	c. Current or threatened discipline of a licensee by the commission or by a
1633	1633	member state's licensing authority;
1634	1634	d. Current, threatened, or reasonably anticipated litigation;
1635	1635	e. Negotiation of contracts for the purchase, lease, or sale of goods, services, or
1636	1636	real estate;
1637	1637	f. Accusing any person of a crime or formally censuring any person;
1638	1638	g. Trade secrets or commercial or financial information that is privileged or
1639	1639	confidential;
1640	1640	h. Information of a personal nature where disclosure would constitute a clearly
1641	1641	unwarranted invasion of personal privacy;
1642	1642	i. Investigative records compiled for law enforcement purposes;
1643	1643	j. Information related to any investigative reports prepared by or on behalf of
1644	1644	or for use of the commission or other committee charged with responsibility of
1645	1645	investigation or determination of compliance issues pursuant to the compact;
1646	1646	k. Legal advice;
1647	1647	L. Matters specifically exempted from disclosure to the public by federal or
1648	1648	member state law; or
1649	1649	m. Other matters as promulgated by the commission by rule.
1650	1650	5. If a meeting, or portion of a meeting, is closed, the presiding officer shall state
1651	1651	that the meeting will be closed and reference each relevant exempting provision, and
1652	1652	such reference shall be recorded in the minutes.
1653	1653	6. The commission shall keep minutes that fully and clearly describe all
1654	1654	matters discussed in a meeting and shall provide a full and accurate summary of
1655	1655	actions taken, and the reasons therefore, including a description of the views
1656	1656	expressed. All documents considered in connection with an action shall be identified
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1683	1683	SECTION 53 ASSEMBLY BILL 716
1684	1684	in such minutes. All minutes and documents of a closed meeting shall remain under
1685	1685	seal, subject to release only by a majority vote of the commission or order of a court
1686	1686	of competent jurisdiction.
1687	1687	(g) Financing of the commission. 1. The commission shall pay, or provide for
1688	1688	the payment of, the reasonable expenses of its establishment, organization, and
1689	1689	ongoing activities.
1690	1690	2. The commission may accept any and all appropriate sources of revenue,
1691	1691	donations, and grants of money, equipment, supplies, materials, and services.
1692	1692	3. The commission may levy on and collect an annual assessment from each
1693	1693	member state and impose fees on licensees of member states to whom it grants a
1694	1694	multistate license to cover the cost of the operations and activities of the commission
1695	1695	and its staff, which must be in a total amount sufficient to cover its annual budget
1696	1696	as approved each year for which revenue is not provided by other sources. The
1697	1697	aggregate annual assessment amount for member states shall be allocated based
1698	1698	upon a formula that the commission shall promulgate by rule.
1699	1699	4. The commission shall not incur obligations of any kind prior to securing the
1700	1700	funds adequate to meet the same; nor shall the commission pledge the credit of any
1701	1701	member states, except by and with the authority of the member state.
1702	1702	5. The commission shall keep accurate accounts of all receipts and
1703	1703	disbursements. The receipts and disbursements of the commission shall be subject
1704	1704	to the financial review and accounting procedures established under its bylaws. All
1705	1705	receipts and disbursements of funds handled by the commission shall be subject to
1706	1706	an annual financial review by a certified or licensed public accountant, and the
1707	1707	report of the financial review shall be included in and become part of the annual
1708	1708	report of the Commission.
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1736	1736	SECTION 53
1737	1737	ASSEMBLY BILL 716
1738	1738	(h) Qualified immunity, defense, and indemnification. 1. The members,
1739	1739	officers, executive director, employees and representatives of the commission shall
1740	1740	be immune from suit and liability, both personally and in their official capacity, for
1741	1741	any claim for damage to or loss of property or personal injury or other civil liability
1742	1742	caused by or arising out of any actual or alleged act, error, or omission that occurred,
1743	1743	or that the person against whom the claim is made had a reasonable basis for
1744	1744	believing occurred within the scope of commission employment, duties or
1745	1745	responsibilities; provided that nothing in this subdivision shall be construed to
1746	1746	protect any such person from suit or liability for any damage, loss, injury, or liability
1747	1747	caused by the intentional or willful or wanton misconduct of that person. The
1748	1748	procurement of insurance of any type by the commission shall not in any way
1749	1749	compromise or limit the immunity granted hereunder.
1750	1750	2. The commission shall defend any member, officer, executive director,
1751	1751	employee, and representative of the commission in any civil action seeking to impose
1752	1752	liability arising out of any actual or alleged act, error, or omission that occurred
1753	1753	within the scope of commission employment, duties, or responsibilities, or as
1754	1754	determined by the commission that the person against whom the claim is made had
1755	1755	a reasonable basis for believing occurred within the scope of commission
1756	1756	employment, duties, or responsibilities; provided that nothing herein shall be
1757	1757	construed to prohibit that person from retaining their own counsel at their own
1758	1758	expense; and provided further, that the actual or alleged act, error, or omission did
1759	1759	not result from that person's intentional or willful or wanton misconduct.
1760	1760	3. The commission shall indemnify and hold harmless any member, officer,
1761	1761	executive director, employee, and representative of the commission for the amount
1762	1762	of any settlement or judgment obtained against that person arising out of any actual
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1789	1789	SECTION 53 ASSEMBLY BILL 716
1790	1790	or alleged act, error, or omission that occurred within the scope of commission
1791	1791	employment, duties, or responsibilities, or that such person had a reasonable basis
1792	1792	for believing occurred within the scope of commission employment, duties, or
1793	1793	responsibilities, provided that the actual or alleged act, error, or omission did not
1794	1794	result from the intentional or willful or wanton misconduct of that person.
1795	1795	4. Nothing herein shall be construed as a limitation on the liability of any
1796	1796	licensee for professional malpractice or misconduct, which shall be governed solely
1797	1797	by any other applicable state laws.
1798	1798	5. Nothing in this compact shall be interpreted to waive or otherwise abrogate
1799	1799	a member state's state action immunity or state action affirmative defense with
1800	1800	respect to antitrust claims under the Sherman Act, Clayton Act, or any other state
1801	1801	or federal antitrust or anticompetitive law or regulation.
1802	1802	6. Nothing in this compact shall be construed to be a waiver of sovereign
1803	1803	immunity by the member states or by the commission.
1804	1804	(9) ARTICLE 9 - DATA SYSTEM. (a) The commission shall provide for the
1805	1805	development, maintenance, operation, and utilization of a coordinated database and
1806	1806	reporting system.
1807	1807	(b) The commission shall assign each applicant for a multistate license a
1808	1808	unique identifier, as determined by the rules of the commission.
1809	1809	(c) Notwithstanding any other provision of state law to the contrary, a member
1810	1810	state shall submit a uniform data set to the data system on all individuals to whom
1811	1811	this compact is applicable as required by the rules of the commission, including:
1812	1812	1. Identifying information;
1813	1813	2. Licensure data;
1814	1814	3. Adverse actions against a license and information related thereto;
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1842	1842	SECTION 53
1843	1843	ASSEMBLY BILL 716
1844	1844	4. Non-confidential information related to alternative program participation,
1845	1845	the beginning and ending dates of such participation, and other information related
1846	1846	to such participation;
1847	1847	5. Any denial of application for licensure, and the reason(s) for such denial
1848	1848	(excluding the reporting of any criminal history record information where prohibited
1849	1849	by law);
1850	1850	6. The existence of investigative information;
1851	1851	7. The existence presence of current significant investigative information; and
1852	1852	8. Other information that may facilitate the administration of this compact or
1853	1853	the protection of the public, as determined by the rules of the commission.
1854	1854	(d) The records and information provided to a member state pursuant to this
1855	1855	compact or through the data system, when certified by the commission or an agent
1856	1856	thereof, shall constitute the authenticated business records of the commission, and
1857	1857	shall be entitled to any associated hearsay exception in any relevant judicial,
1858	1858	quasi-judicial or administrative proceedings in a member state.
1859	1859	(e) The existence of current significant investigative information and the
1860	1860	existence of investigative information pertaining to a licensee in any member state
1861	1861	will only be available to other member states.
1862	1862	(f) It is the responsibility of the member states to report any adverse action
1863	1863	against a licensee who holds a multistate license and to monitor the database to
1864	1864	determine whether adverse action has been taken against such a licensee or license
1865	1865	applicant. Adverse action information pertaining to a licensee or license applicant
1866	1866	in any member state will be available to any other member state.
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1891	1891	SECTION 53 ASSEMBLY BILL 716
1892	1892	(g) Member states contributing information to the data system may designate
1893	1893	information that may not be shared with the public without the express permission
1894	1894	of the contributing state.
1895	1895	(h) Any information submitted to the data system that is subsequently
1896	1896	expunged pursuant to federal law or the laws of the member state contributing the
1897	1897	information shall be removed from the data system.
1898	1898	(10) ARTICLE 10 - RULEMAKING. (a) The commission shall promulgate
1899	1899	reasonable rules in order to effectively and efficiently implement and administer the
1900	1900	purposes and provisions of the compact. A rule shall be invalid and have no force or
1901	1901	effect only if a court of competent jurisdiction holds that the rule is invalid because
1902	1902	the commission exercised its rulemaking authority in a manner that is beyond the
1903	1903	scope and purposes of the compact, or the powers granted hereunder, or based upon
1904	1904	another applicable standard of review.
1905	1905	(b) The rules of the commission shall have the force of law in each member state,
1906	1906	provided however that where the rules of the commission conflict with the laws of the
1907	1907	member state that establish the member state's scope of practice as held by a court
1908	1908	of competent jurisdiction, the rules of the commission shall be ineffective in that
1909	1909	state to the extent of the conflict.
1910	1910	(c) The commission shall exercise its rulemaking powers pursuant to the
1911	1911	criteria set forth in this subsection and the rules adopted thereunder. Rules shall
1912	1912	become binding as of the date specified by the commission for each rule.
1913	1913	(d) If a majority of the legislatures of the member states rejects a rule or portion
1914	1914	of a rule, by enactment of a statute or resolution in the same manner used to adopt
1915	1915	the compact within four (4) years of the date of adoption of the rule, then such rule
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1942	1942	SECTION 53
1943	1943	ASSEMBLY BILL 716
1944	1944	shall have no further force and effect in any member state or to any state applying
1945	1945	to participate in the compact.
1946	1946	(e) Rules shall be adopted at a regular or special meeting of the commission.
1947	1947	(f) Prior to adoption of a proposed rule, the commission shall hold a public
1948	1948	hearing and allow persons to provide oral and written comments, data, facts,
1949	1949	opinions, and arguments.
1950	1950	(g) Prior to adoption of a proposed rule by the commission, and at least thirty
1951	1951	(30) days in advance of the meeting at which the commission will hold a public
1952	1952	hearing on the proposed rule, the commission shall provide a notice of proposed
1953	1953	rulemaking:
1954	1954	1. On the website of the commission or other publicly accessible platform;
1955	1955	2. To persons who have requested notice of the commission's notices of proposed
1956	1956	rulemaking, and
1957	1957	3. In such other way(s) as the commission may by rule specify.
1958	1958	(h) The notice of proposed rulemaking shall include:
1959	1959	1. The time, date, and location of the public hearing at which the commission
1960	1960	will hear public comments on the proposed rule and, if different, the time, date, and
1961	1961	location of the meeting where the commission will consider and vote on the proposed
1962	1962	rule;
1963	1963	2. If the hearing is held via telecommunication, video conference, or other
1964	1964	electronic means, the commission shall include the mechanism for access to the
1965	1965	hearing in the notice of proposed rulemaking;
1966	1966	3. The text of the proposed rule and the reason therefor;
1967	1967	4. A request for comments on the proposed rule from any interested person; and
1968	1968	5. The manner in which interested persons may submit written comments.
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1995	1995	SECTION 53 ASSEMBLY BILL 716
1996	1996	(i) All hearings will be recorded. A copy of the recording and all written
1997	1997	comments and documents received by the commission in response to the proposed
1998	1998	rule shall be available to the public.
1999	1999	(j) Nothing in this subsection shall be construed as requiring a separate
2000	2000	hearing on each rule. Rules may be grouped for the convenience of the commission
2001	2001	at hearings required by this subsection.
2002	2002	(k) The commission shall, by majority vote of all commissioners, take final
2003	2003	action on the proposed rule based on the rulemaking record.
2004	2004	1. The commission may adopt changes to the proposed rule provided the
2005	2005	changes do not enlarge the original purpose of the proposed rule.
2006	2006	2. The commission shall provide an explanation of the reasons for substantive
2007	2007	changes made to the proposed rule as well as reasons for substantive changes not
2008	2008	made that were recommended by commenters.
2009	2009	3. The commission shall determine a reasonable effective date for the rule.
2010	2010	Except for an emergency as provided in par. (L), the effective date of the rule shall
2011	2011	be no sooner than thirty (30) days after the commission issuing the notice that it
2012	2012	adopted or amended the rule.
2013	2013	(L) Upon determination that an emergency exists, the commission may
2014	2014	consider and adopt an emergency rule with 24 hours notice, provided that the usual
2015	2015	rulemaking procedures provided in the compact and in this subsection shall be
2016	2016	retroactively applied to the rule as soon as reasonably possible, in no event later than
2017	2017	ninety (90) days after the effective date of the rule. For the purposes of this provision,
2018	2018	an emergency rule is one that must be adopted immediately to:
2019	2019	1. Meet an imminent threat to public health, safety, or welfare;
2020	2020	2. Prevent a loss of commission or member state funds;
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2048	2048	SECTION 53
2049	2049	ASSEMBLY BILL 716
2050	2050	3. Meet a deadline for the promulgation of a rule that is established by federal
2051	2051	law or rule; or
2052	2052	4. Protect public health and safety.
2053	2053	(m) The commission or an authorized committee of the commission may direct
2054	2054	revisions to a previously adopted rule for purposes of correcting typographical errors,
2055	2055	errors in format, errors in consistency, or grammatical errors. Public notice of any
2056	2056	revisions shall be posted on the website of the commission. The revision shall be
2057	2057	subject to challenge by any person for a period of thirty (30) days after posting. The
2058	2058	revision may be challenged only on grounds that the revision results in a material
2059	2059	change to a rule. A challenge shall be made in writing and delivered to the
2060	2060	commission prior to the end of the notice period. If no challenge is made, the revision
2061	2061	will take effect without further action. If the revision is challenged, the revision may
2062	2062	not take effect without the approval of the commission.
2063	2063	(n) No member state's rulemaking requirements shall apply under this
2064	2064	compact.
2065	2065	(11) ARTICLE 11 - OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT. (a)
2066	2066	Oversight. 1. The executive and judicial branches of state government in each
2067	2067	member state shall enforce this compact and take all actions necessary and
2068	2068	appropriate to implement the compact.
2069	2069	2. Venue is proper and judicial proceedings by or against the commission shall
2070	2070	be brought solely and exclusively in a court of competent jurisdiction where the
2071	2071	principal office of the commission is located. The commission may waive venue and
2072	2072	jurisdictional defenses to the extent it adopts or consents to participate in alternative
2073	2073	dispute resolution proceedings. Nothing herein shall affect or limit the selection or
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2099	2099	SECTION 53 ASSEMBLY BILL 716
2100	2100	propriety of venue in any action against a licensee for professional malpractice,
2101	2101	misconduct or any such similar matter.
2102	2102	3. The commission shall be entitled to receive service of process in any
2103	2103	proceeding regarding the enforcement or interpretation of the compact and shall
2104	2104	have standing to intervene in such a proceeding for all purposes. Failure to provide
2105	2105	the commission service of process shall render a judgment or order void as to the
2106	2106	commission, this compact, or promulgated rules.
2107	2107	(b) Default, technical assistance, and termination. 1. If the commission
2108	2108	determines that a member state has defaulted in the performance of its obligations
2109	2109	or responsibilities under this compact or the promulgated rules, the commission
2110	2110	shall provide written notice to the defaulting state. The notice of default shall
2111	2111	describe the default, the proposed means of curing the default, and any other action
2112	2112	that the commission may take, and shall offer training and specific technical
2113	2113	assistance regarding the default.
2114	2114	2. The commission shall provide a copy of the notice of default to the other
2115	2115	member states.
2116	2116	(c) If a state in default fails to cure the default, the defaulting state may be
2117	2117	terminated from the compact upon an affirmative vote of a majority of the delegates
2118	2118	of the member states, and all rights, privileges and benefits conferred on that state
2119	2119	by this compact may be terminated on the effective date of termination. A cure of the
2120	2120	default does not relieve the offending state of obligations or liabilities incurred
2121	2121	during the period of default.
2122	2122	(d) Termination of membership in the compact shall be imposed only after all
2123	2123	other means of securing compliance have been exhausted. Notice of intent to
2124	2124	suspend or terminate shall be given by the commission to the governor, the majority
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2151	2151	MED:klm&cjs
2152	2152	SECTION 53
2153	2153	ASSEMBLY BILL 716
2154	2154	and minority leaders of the defaulting state's legislature, the defaulting state's state
2155	2155	licensing authority and each of the member states' state licensing authority.
2156	2156	(e) A state that has been terminated is responsible for all assessments,
2157	2157	obligations, and liabilities incurred through the effective date of termination,
2158	2158	including obligations that extend beyond the effective date of termination.
2159	2159	(f) Upon the termination of a state's membership from this compact, that state
2160	2160	shall immediately provide notice to all licensees who hold a multistate license within
2161	2161	that state of such termination. The terminated state shall continue to recognize all
2162	2162	licenses granted pursuant to this compact for a minimum of one hundred eighty (180)
2163	2163	days after the date of said notice of termination.
2164	2164	(g) The commission shall not bear any costs related to a state that is found to
2165	2165	be in default or that has been terminated from the compact, unless agreed upon in
2166	2166	writing between the commission and the defaulting state.
2167	2167	(h) The defaulting state may appeal the action of the commission by petitioning
2168	2168	the U.S. district court for the District of Columbia or the federal district where the
2169	2169	commission has its principal offices. The prevailing party shall be awarded all costs
2170	2170	of such litigation, including reasonable attorney's fees.
2171	2171	(i) Dispute resolution. 1. Upon request by a member state, the commission
2172	2172	shall attempt to resolve disputes related to the compact that arise among member
2173	2173	states and between member and non-member states.
2174	2174	2. The commission shall promulgate a rule providing for both mediation and
2175	2175	binding dispute resolution for disputes as appropriate.
2176	2176	(j) Enforcement. 1. The commission, in the reasonable exercise of its discretion,
2177	2177	shall enforce the provisions of this compact and the commission's rules.
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2201	2201	24 - 44 -2023 - 2024 Legislature LRB-1493/1
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2203	2203	SECTION 53 ASSEMBLY BILL 716
2204	2204	2. By majority vote as provided by commission rule, the commission may
2205	2205	initiate legal action against a member state in default in the United States district
2206	2206	court for the District of Columbia or the federal district where the commission has
2207	2207	its principal offices to enforce compliance with the provisions of the compact and its
2208	2208	promulgated rules. The relief sought may include both injunctive relief and
2209	2209	damages. In the event judicial enforcement is necessary, the prevailing party shall
2210	2210	be awarded all costs of such litigation, including reasonable attorney's fees. The
2211	2211	remedies herein shall not be the exclusive remedies of the commission. The
2212	2212	commission may pursue any other remedies available under federal or the defaulting
2213	2213	member state's law.
2214	2214	3. A member state may initiate legal action against the commission in the U.S.
2215	2215	district court for the District of Columbia or the federal district where the
2216	2216	commission has its principal offices to enforce compliance with the provisions of the
2217	2217	compact and its promulgated rules. The relief sought may include both injunctive
2218	2218	relief and damages. In the event judicial enforcement is necessary, the prevailing
2219	2219	party shall be awarded all costs of such litigation, including reasonable attorney's
2220	2220	fees.
2221	2221	4. No individual or entity other than a member state may enforce this compact
2222	2222	against the commission.
2223	2223	(12) ARTICLE 12 - EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT. (a) The compact
2224	2224	shall come into effect on the date on which the compact statute is enacted into law
2225	2225	in the seventh member state.
2226	2226	1. On or after the effective date of the compact, the commission shall convene
2227	2227	and review the enactment of each of the charter member states to determine if the
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2253	2253	MED:klm&cjs
2254	2254	SECTION 53
2255	2255	ASSEMBLY BILL 716
2256	2256	statute enacted by each such charter member state is materially different than the
2257	2257	model compact statute.
2258	2258	a. A charter member state whose enactment is found to be materially different
2259	2259	from the model compact statute shall be entitled to the default process set forth in
2260	2260	sub. (11).
2261	2261	b. If any member state is later found to be in default, or is terminated or
2262	2262	withdraws from the compact, the commission shall remain in existence and the
2263	2263	compact shall remain in effect even if the number of member states should be less
2264	2264	than seven (7).
2265	2265	2. Member states enacting the compact subsequent to the charter member
2266	2266	states shall be subject to the process set forth in sub. (8) (c) 23. to determine if their
2267	2267	enactments are materially different from the model compact statute and whether
2268	2268	they qualify for participation in the compact.
2269	2269	3. All actions taken for the benefit of the commission or in furtherance of the
2270	2270	purposes of the administration of the compact prior to the effective date of the
2271	2271	compact or the commission coming into existence shall be considered to be actions
2272	2272	of the commission unless specifically repudiated by the commission.
2273	2273	4. Any state that joins the compact shall be subject to the commission's rules
2274	2274	and bylaws as they exist on the date on which the compact becomes law in that State.
2275	2275	Any rule that has been previously adopted by the commission shall have the full force
2276	2276	and effect of law on the day the compact becomes law in that state.
2277	2277	(b) Any member state may withdraw from this compact by enacting a statute
2278	2278	repealing that state's enactment of the compact.
2279	2279	1. A member state's withdrawal shall not take effect until one hundred eighty
2280	2280	(180) days after enactment of the repealing statute.
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2307	2307	SECTION 53 ASSEMBLY BILL 716
2308	2308	2. Withdrawal shall not affect the continuing requirement of the withdrawing
2309	2309	state's licensing authority to comply with the investigative and adverse action
2310	2310	reporting requirements of this compact prior to the effective date of withdrawal.
2311	2311	3. Upon the enactment of a statute withdrawing from this compact, a state
2312	2312	shall immediately provide notice of such withdrawal to all licensees within that
2313	2313	state. Notwithstanding any subsequent statutory enactment to the contrary, such
2314	2314	withdrawing state shall continue to recognize all licenses granted pursuant to this
2315	2315	compact for a minimum of 180 days after the date of such notice of withdrawal.
2316	2316	(c) Nothing contained in this compact shall be construed to invalidate or
2317	2317	prevent any licensure agreement or other cooperative arrangement between a
2318	2318	member state and a non-member state that does not conflict with the provisions of
2319	2319	this compact.
2320	2320	(d) This compact may be amended by the member states. No amendment to this
2321	2321	compact shall become effective and binding upon any member state until it is enacted
2322	2322	into the laws of all member states.
2323	2323	(13) ARTICLE 13 - CONSTRUCTION AND SEVERABILITY. (a) This compact and the
2324	2324	commission's rulemaking authority shall be liberally construed so as to effectuate
2325	2325	the purposes, and the implementation and administration of the compact.
2326	2326	Provisions of the compact expressly authorizing or requiring the promulgation of
2327	2327	rules shall not be construed to limit the commission's rulemaking authority solely for
2328	2328	those purposes.
2329	2329	(b) The provisions of this compact shall be severable and if any phrase, clause,
2330	2330	sentence or provision of this compact is held by a court of competent jurisdiction to
2331	2331	be contrary to the constitution of any member state, a state seeking participation in
2332	2332	the compact, or of the United States, or the applicability thereof to any government,
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2359	2359	MED:klm&cjs
2360	2360	SECTION 53
2361	2361	ASSEMBLY BILL 716
2362	2362	agency, person or circumstance is held to be unconstitutional by a court of competent
2363	2363	jurisdiction, the validity of the remainder of this compact and the applicability
2364	2364	thereof to any other government, agency, person or circumstance shall not be affected
2365	2365	thereby.
2366	2366	(c) Notwithstanding par. (b), the commission may deny a state's participation
2367	2367	in the compact or, in accordance with the requirements of sub. (11) (b), terminate a
2368	2368	member state's participation in the compact, if it determines that a constitutional
2369	2369	requirement of a member state is a material departure from the compact. Otherwise,
2370	2370	if this compact shall be held to be contrary to the constitution of any member state,
2371	2371	the compact shall remain in full force and effect as to the remaining member states
2372	2372	and in full force and effect as to the member state affected as to all severable matters.
2373	2373	(14) ARTICLE 14 - CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS.
2374	2374	Nothing herein shall prevent or inhibit the enforcement of any other law of a member
2375	2375	state that is not inconsistent with the compact. Any laws, statutes, regulations, or
2376	2376	other legal requirements in a member state in conflict with the compact are
2377	2377	superseded to the extent of the conflict. All permissible agreements between the
2378	2378	commission and the member states are binding in accordance with their terms.
2379	2379	460.51 Implementation of the interstate massage compact. (1) In this
2380	2380	section, “authorization to practice” has the meaning given in s. 460.01 (2).
2381	2381	(2) (a) An individual who is exercising an authorization to practice shall comply
2382	2382	with s. 440.03 (13) (am).
2383	2383	(b) Subject to s. 460.50 and any rules promulgated thereunder, ss. 440.20 to
2384	2384	440.22 and the rules promulgated under s. 440.03 (1) shall apply to an individual who
2385	2385	is exercising an authorization to practice in this state in the same manner that they
2386	2386	apply to holders of licenses issued under s. 460.05 (1m) and (2m).
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2413	2413	SECTION 54 ASSEMBLY BILL 716
2414	2414	SECTION 54. 895.48 (1m) (a) (intro.) of the statutes is amended to read:
2415	2415	895.48 (1m) (a) (intro.) Except as provided in par. (b), any physician,
2416	2416	naturopathic doctor, physician assistant, podiatrist, or athletic trainer licensed
2417	2417	under ch. 448, chiropractor licensed under ch. 446, dentist licensed under ch. 447,
2418	2418	emergency medical services practitioner licensed under s. 256.15, emergency
2419	2419	medical responder certified under s. 256.15 (8), registered nurse licensed under ch.
2420	2420	441, or a massage therapist or bodywork therapist who is licensed under ch. 460 or
2421	2421	who is exercising an authorization to practice, as defined in s. 460.01 (2), in this state
2422	2422	who renders voluntary health care to a participant in an athletic event or contest
2423	2423	sponsored by a nonprofit corporation, as defined in s. 66.0129 (6) (b), a private school,
2424	2424	as defined in s. 115.001 (3r), a tribal school, as defined in s. 115.001 (15m), a public
2425	2425	agency, as defined in s. 46.856 (1) (b), or a school, as defined in s. 609.655 (1) (c), is
2426	2426	immune from civil liability for his or her acts or omissions in rendering that care if
2427	2427	all of the following conditions exist:
2428	2428	(END)
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