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2023 ASSEMBLY BILL 716
November 27, 2023 - Introduced by Representatives TITTL, BRANDTJEN, DITTRICH,
JACOBSON, MELOTIK, MOSES, O'CONNOR, ROZAR, SCHMIDT, SPIROS and WICHGERS,
cosponsored by Senators C ABRAL-GUEVARA, BALLWEG, CARPENTER and
SPREITZER. Referred to Committee on Regulatory Licensing Reform.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to repeal 460.09 (title); to renumber and amend 440.03 (13) (c), 460.05
(1), 460.05 (2), 460.07 (2) and 460.09; to amend 146.81 (1) (hp), 146.997 (1) (d)
13., 440.03 (13) (b) (intro.), 440.15, 446.01 (1v) (o), 460.01 (intro.), 460.01 (2m),
460.02, 460.03 (intro.), 460.03 (1), 460.04 (2) (b), 460.04 (2) (e), 460.04 (2) (f),
460.04 (2) (g), 460.05 (4), 460.06 (intro.), 460.07 (1), 460.07 (2) (c), 460.08,
460.095 (4) (intro.), 460.10 (1) (intro.), 460.10 (1) (a), 460.10 (2), 460.14 (1),
460.14 (2) (intro.), 460.14 (2) (j), 460.14 (2m) (intro.), 460.14 (3), 460.14 (4),
460.145, 460.15, 460.17 (1), 460.17 (2) (a) 1., 460.17 (2) (a) 2. and 895.48 (1m)
(a) (intro.); and to create 14.897, 111.335 (4) (jm), 440.03 (11m) (c) 2u., 440.03
(13) (c) 1. i., subchapter I (title) of chapter 460 [precedes 460.01], 460.01 (2),
460.01 (2k), 460.01 (5), 460.01 (8), 460.05 (3m), 460.07 (2) (bm), 460.11 (4) and
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subchapter II of chapter 460 [precedes 460.50] of the statutes; relating to:
ratification of the Interstate Massage Compact.
Analysis by the Legislative Reference Bureau
This bill ratifies and enters Wisconsin into the Interstate Massage Compact,
which provides for the ability of a massage therapist to become eligible to practice
in other compact states. Significant provisions of the compact include the following:
1. The creation of an Interstate Massage Compact Commission, which includes
the primary administrative officer of the licensure boards or licensing authorities of
each member state, or their designees. The commission has various powers and
duties granted in the compact, including establishing bylaws, promulgating binding
rules for the compact, electing or appointing officers and hiring employees, and
establishing and electing an executive committee. The commission may levy on and
collect an annual assessment from each member state or impose fees on licensees of
member states to whom it grants a multistate license to cover the cost of the
operations and activities of the commission and its staff.
2. The ability for a massage therapist who is licensed in a home state and
satisfies certain other criteria to obtain a multistate license, which allows a massage
therapist to practice massage therapy in all other compact states (remote states).
The compact specifies a number of requirements in order for a massage therapist to
obtain a multistate license, including holding a massage therapist license in a home
state, having completed at least 625 hours of massage therapy education or the
substantial equivalent, not having certain disqualifying criminal convictions, not
having any encumbrances or restrictions against an occupational or professional
license in the previous two years, and paying any required fees. A massage therapist
practicing in a remote state under a multistate license is subject to all
scope-of-practice laws governing massage therapy services in that state. A remote
state may take actions against a massage therapist's authorization to practice in the
remote state, and if any adverse action is taken by a remote state against a licensee's
authorization to practice, that adverse action applies to all authorizations to practice
in all remote states. If a massage therapist's home state or multistate license is
encumbered, the massage therapist loses the authorization to practice in all remote
states until certain criteria are satisfied.
3. The ability of member states to issue subpoenas that are enforceable in other
states.
4. The creation of a coordinated database and reporting system containing
licensure and disciplinary action information on massage therapists. The compact
requires all home state disciplinary orders that impose adverse actions to be reported
to the commission. A member state must submit a uniform data set to the data
system on all individuals to whom the compact is applicable as required by the rules
of the commission.
5. Provisions regarding resolutions of disputes between member states and
between member and nonmember states, including a process for termination of a
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state's membership in the compact if the state defaults on its obligations under the
compact.
The compact becomes effective in this state upon enactment by seven states.
The compact provides that it may be amended upon enactment of an amendment by
all member states. A state may withdraw from the compact by repealing the statute
authorizing the compact, but the compact provides that a withdrawal does not take
effect until 180 days after the effective date of that repeal.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 14.897 of the statutes is created to read:
14.897 Interstate massage compact. There is created an interstate
massage compact commission as specified in s. 460.50. The delegate on the
commission representing this state shall be appointed by the massage therapy and
bodywork therapy affiliated credentialing board as provided in s. 460.50 (8) (b) 1. and
shall be an individual described in s. 460.50 (8) (b) 2. The commission has the powers
and duties granted and imposed under s. 460.50.
SECTION 2. 111.335 (4) (jm) of the statutes is created to read:
111.335 (4) (jm) Notwithstanding s. 111.322, it is not employment
discrimination because of conviction record for the massage therapy and bodywork
therapy affiliated credentialing board to do any of the following:
1. Refuse to license an individual in accordance with s. 460.05 (1m) (a) 8.
2. Refuse to grant to an individual a multistate license, as defined in s. 460.01
(5), in accordance with s. 460.50 (4) (a) 5. to 7.
SECTION 3. 146.81 (1) (hp) of the statutes is amended to read:
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146.81 (1) (hp) A massage therapist or bodywork therapist who is licensed
under subch. I of ch. 460 or who is exercising an authorization to practice, as defined
in s. 460.01 (2), in this state.
SECTION 4. 146.997 (1) (d) 13. of the statutes is amended to read:
146.997 (1) (d) 13. A massage therapist or bodywork therapist who is licensed
under ch. 460 or who is exercising an authorization to practice, as defined in s. 460.01
(2), in this state.
SECTION 5. 440.03 (11m) (c) 2u. of the statutes is created to read:
440.03 (11m) (c) 2u. The coordinated database and reporting system under s.
460.50 (9), if such disclosure is required under the interstate massage compact under
s. 460.50.
SECTION 6. 440.03 (13) (b) (intro.) of the statutes is amended to read:
440.03 (13) (b) (intro.) The department may investigate whether an applicant
for or holder of any of the following credentials has been charged with or convicted
of a crime only pursuant to rules promulgated by the department under this
paragraph, including rules that establish the criteria that the department will use
to determine whether an investigation under this paragraph is necessary, except as
provided in par. (c) and ss. 441.51 (5) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4.,
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)
5.:
SECTION 7. 440.03 (13) (c) of the statutes is renumbered 440.03 (13) (c) 1. (intro.)
and amended to read:
440.03 (13) (c) 1. (intro.) The department shall require an all of the following
to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete
set of the person's fingerprints:
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a. An applicant for a private detective license or a private security permit under
s. 440.26, an.
b. An applicant for a juvenile martial arts instructor permit under sub. (17),
an.
c. An applicant for a real estate appraiser certification under s. 458.06 or
license under s. 458.08, an.
d. An applicant for a multistate license under s. 441.06 (1c) or 441.10 (1c), an.
e. An applicant for a compact license under s. 448.05 (2) (f), an.
f. An applicant for a physical therapist license under s. 448.53 or physical
therapist assistant license under s. 448.535, an.
g. An applicant for an occupational therapist or occupational therapy assistant
compact privilege under s. 448.987 (4), and an applicant for an occupational
therapist or occupational therapy assistant license described in s. 448.987 (5) (b) 2.
a., an.
h. An applicant for a psychologist license under s. 455.04, and a.
z. A person for whom the department conducts an investigation under par. (b),
to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete
set of the person's fingerprints.
2. The department of justice may submit the fingerprint cards, and the
department of justice shall submit the fingerprint cards of all applicants for a real
estate appraiser certification under s. 458.06 or license under s. 458.08, of all
applicants for a multistate license under s. 441.06 (1c) or 441.10 (1c), of all applicants
for a compact license under s. 448.05 (2) (f), of all applicants for a physical therapist
license under s. 448.53 or a physical therapist assistant license under s. 448.535, and
of all applicants for a psychologist license under s. 455.04 identified in subd. 1. c. to
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i., to the federal bureau of investigation for the purpose of verifying the identity of
the persons fingerprinted and obtaining records of their criminal arrests and
convictions.
3. Information obtained from the federal bureau of investigation may be shared
with the department or the appropriate credentialing board, but shall otherwise be
kept confidential and is not subject to disclosure under s. 19.35.
SECTION 8. 440.03 (13) (c) 1. i. of the statutes is created to read:
440.03 (13) (c) 1. i. An applicant for a multistate license under s. 460.05 (3m).
SECTION 9. 440.15 of the statutes is amended to read:
440.15 No fingerprinting. Except as provided under ss. 440.03 (13) (c),
441.51 (5) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4., 448.987 (3) (a) 5. a. and (5) (b)
2. a., 450.071 (3) (c) 9., 450.075 (3) (c) 9., and 455.50 (3) (e) 4. and (f) 4., and 460.50
(3) (a) 5., the department or a credentialing board may not require that an applicant
for a credential or a credential holder be fingerprinted or submit fingerprints in
connection with the department's or the credentialing board's credentialing.
SECTION 10. 446.01 (1v) (o) of the statutes is amended to read:
446.01 (1v) (o) The massage therapy and bodywork therapy affiliated
credentialing board under ch. 460. “Health care professional" also includes an
individual who is exercising an authorization to practice, as defined in s. 460.01 (2),
in this state.
SECTION 11. Subchapter I (title) of chapter 460 [precedes 460.01] of the statutes
is created to read:
CHAPTER 460
SUBCHAPTER I
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REGULATION OF MASSAGE THERAPY
AND BODYWORK THERAPY
SECTION 12. 460.01 (intro.) of the statutes is amended to read:
460.01 Definitions. (intro.) In this chapter subchapter:
SECTION 13. 460.01 (2) of the statutes is created to read:
460.01 (2) “Authorization to practice” means the authorization to practice, as
defined in s. 460.50 (2) (d), of an individual to practice in this state under a multistate
license granted by another state that is a party to the compact.
SECTION 14. 460.01 (2k) of the statutes is created to read:
460.01 (2k) “Compact” means the interstate massage compact under s. 460.50.
SECTION 15. 460.01 (2m) of the statutes is amended to read:
460.01 (2m) “License holder" means a person granted who holds a single-state
license granted under this chapter or who is exercising an authorization to practice
under a multistate license granted in another state that is a party to the compact.
SECTION 16. 460.01 (5) of the statutes is created to read:
460.01 (5) “Multistate license” has the meaning given in s. 460.50 (2) (t).
SECTION 17. 460.01 (8) of the statutes is created to read:
460.01 (8) “Single-state license” means a single-state license, as defined in s.
460.50 (2) (x), granted by the affiliated credentialing board under s. 460.05 (1m) or
(2m).
SECTION 18. 460.02 of the statutes is amended to read:
460.02 License required. Except as provided in s. 460.03, no person may
provide massage therapy or bodywork therapy, designate himself or herself as a
massage therapist or bodywork therapist or masseur or masseuse, or use or assume
the title “massage therapist and bodywork therapist" or “massage therapist" or
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“bodywork therapist" or “masseur" or “masseuse" or any title that includes “massage
therapist," “bodywork therapist," or “bodyworker," or append to the person's name
the letters “M.T.," “R.M.T.," “L.M.T.," “C.M.T.," “B.T.," “B.W.," “L.B.W.," “R.B.W.," or
“C.B.W.," or use any other title or designation that represents or may tend to
represent that he or she is licensed under this chapter, unless the person is licensed
under this chapter subchapter or holds a multistate license granted in another state
that is a party to the compact.
SECTION 19. 460.03 (intro.) of the statutes is amended to read:
460.03 Applicability. (intro.) A license under this chapter subchapter is not
required for any of the following:
SECTION 20. 460.03 (1) of the statutes is amended to read:
460.03 (1) A person holding a license, permit, registration, or certification
granted by this state or the federal government who engages in a practice of massage
therapy or bodywork therapy within the scope of his or her license, permit,
registration, or certification and who does not imply that he or she is licensed under
this chapter a license holder. A person who is exempt from licensure under this
subsection may use the terms “bodywork," “bodyworker," and “bodywork therapy" to
identify his or her practice.
SECTION 21. 460.04 (2) (b) of the statutes is amended to read:
460.04 (2) (b) Criteria for approving a training program for purposes of s.
460.05 (1) (e) 1. (1m) (a) 5. a. Rules promulgated under this paragraph shall require
the training program to meet the requirements under s. 460.095 and to consist of at
least 600 classroom hours.
SECTION 22. 460.04 (2) (e) of the statutes is amended to read:
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460.04 (2) (e) A requirement that an applicant for a single-state license under
this chapter submit evidence satisfactory to the affiliated credentialing board that
the applicant has current proficiency in the use of an automated external
defibrillator achieved through instruction provided by an individual, organization,
or institution of higher education approved under s. 46.03 (38) to provide such
instruction.
SECTION 23. 460.04 (2) (f) of the statutes is amended to read:
460.04 (2) (f) Requirements to be satisfied by a person seeking a temporary
license permit under s. 460.08. The rules promulgated under this subsection shall
require the person to be a graduate of a massage therapy or bodywork therapy school
or program and may require the holder of a temporary license to make disclosures
to clients and to practice under the supervision of a massage therapist or bodywork
therapist licensed under this chapter license holder.
SECTION 24. 460.04 (2) (g) of the statutes is amended to read:
460.04 (2) (g) A requirement, for purposes of s. 460.05 (1m) (a) 5., that an
applicant for a license under this chapter s. 460.05 (1m) pass an examination on state
laws and administrative rules governing massage therapy and bodywork therapy.
SECTION 25. 460.05 (1) of the statutes is renumbered 460.05 (1m) (a), and
460.05 (1m) (a) 5. (intro.), 7. and 8. b., as renumbered, are amended to read:
460.05 (1m) (a) 5. (intro.) Except as provided in sub. (2) par. (b), the person
submits evidence satisfactory to the affiliated credentialing board that he or she has
done all of the following:
7. The person submits evidence satisfactory to the affiliated credentialing
board that he or she has in effect malpractice liability insurance coverage in an
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amount that is not less than $1,000,000 per occurrence and $1,000,000 for all
occurrences in one year the amounts required under s. 460.11 (4).
8. b. An offense under federal law or a law of any other state that is comparable
to an offense under subd. 1. 8. a.
SECTION 26. 460.05 (2) of the statutes is renumbered 460.05 (1m) (b) and
amended to read:
460.05 (1m) (b) The affiliated credentialing board may waive a requirement
specified in sub. (1) (e) par (a) 5. if a person establishes, to the satisfaction of the
affiliated credentialing board, that he or she has education, training, or other
experience that is substantially equivalent to the requirement.
SECTION 27. 460.05 (3m) of the statutes is created to read:
460.05 (3m) The affiliated credentialing board shall grant a multistate license
to a person who holds a single-state license, satisfies the requirements under s.
460.50 (4) (a), and pays the fee specified in s. 440.05 (1).
SECTION 28. 460.05 (4) of the statutes is amended to read:
460.05 (4) The affiliated credentialing board may assign a unique license
number to each person licensed under this chapter subchapter.
SECTION 29. 460.06 (intro.) of the statutes is amended to read:
460.06 Examinations. (intro.) The affiliated credentialing board may not
grant a license under this chapter s. 460.05 (1m) unless the applicant achieves a
passing grade on the following examinations:
SECTION 30. 460.07 (1) of the statutes is amended to read:
460.07 (1) Each person who is licensed under this chapter license holder shall
conspicuously display the license in the place of business where he or she practices
massage therapy or bodywork therapy so that the license can easily be seen and read.
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SECTION 31. 460.07 (2) of the statutes is renumbered 460.07 (2) (a), and 460.07
(2) (a) (intro.) and 2., as renumbered, are amended to read:
460.07 (2) (a) (intro.) Renewal applications An application for the renewal of
a single-state license shall be submitted to the department on a form provided by the
department on or before the applicable renewal date specified under s. 440.08 (2) (a)
and shall include all of the following:
2. If applicable, proof Proof of completion of continuing education under s.
460.10.
SECTION 32. 460.07 (2) (bm) of the statutes is created to read:
460.07 (2) (bm) Renewal of a multistate license granted under s. 460.05 (3m)
shall be governed by s. 460.50 (4).
SECTION 33. 460.07 (2) (c) of the statutes is amended to read:
460.07 (2) (c) Evidence satisfactory to the affiliated credentialing board that
the applicant has in effect malpractice liability insurance coverage in an amount that
is not less than $1,000,000 per occurrence and $1,000,000 for all occurrences in one
year the amounts required under s. 460.11 (4).
SECTION 34. 460.08 of the statutes is amended to read:
460.08 Temporary license permit. The affiliated credentialing board may
grant a temporary license permit for a period not to exceed 6 months to an applicant
who satisfies the requirements established in the rules under s. 460.04 (2) (f). A
temporary license permit may not be renewed.
SECTION 35. 460.09 (title) of the statutes is repealed.
SECTION 36. 460.09 of the statutes is renumbered 460.05 (2m) and amended
to read:
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460.05 (2m) Upon application and payment of the fee specified in s. 440.05 (2),
the affiliated credentialing board shall grant a massage therapist or bodywork
therapist license to a person who holds a similar license in another state or territory
of the United States or another country if the affiliated credentialing board
determines that the requirements for receiving the license in the other state,
territory, or country are substantially equivalent to the requirements under s. 460.05
sub. (1m).
SECTION 37. 460.095 (4) (intro.) of the statutes is amended to read:
460.095 (4) (intro.) Ensure that each instructor hired by the school or training
program on or after December 1, 2010, to teach courses in theory and the practice of
massage therapy or bodywork therapy is licensed under this chapter subchapter and
has at least one of the following:
SECTION 38. 460.10 (1) (intro.) of the statutes is amended to read:
460.10 (1) (intro.) The affiliated credentialing board may shall promulgate
rules establishing all of the following:
SECTION 39. 460.10 (1) (a) of the statutes is amended to read:
460.10 (1) (a) Requirements and procedures for a license holder the holder of
a single-state license to complete continuing education programs or courses of study
to qualify for renewal of his or her license. The rules promulgated under this
paragraph may not require a license holder the holder of a single-state license to
complete more than 24 hours of continuing education programs or courses of study
in order to qualify for renewal of his or her license.
SECTION 40. 460.10 (2) of the statutes is amended to read:
460.10 (2) The affiliated credentialing board may waive all or part of any
requirement established in rules promulgated under sub. (1) (a) if it determines that
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prolonged illness, disability, or other exceptional circumstances have prevented a
license holder an individual from completing the requirement.
SECTION 41. 460.11 (4) of the statutes is created to read:
460.11 (4) A license holder may not practice massage therapy or bodywork
therapy on a client unless the license holder has in effect malpractice liability
insurance coverage in an amount that is not less than $1,000,000 per occurrence and
$1,000,000 for all occurrences in one year.
SECTION 42. 460.14 (1) of the statutes is amended to read:
460.14 (1) Subject to the rules promulgated under s. 440.03 (1), the affiliated
credentialing board may make investigations and conduct hearings to determine
whether a violation of this chapter subchapter or any rule promulgated under this
chapter subchapter has occurred.
SECTION 43. 460.14 (2) (intro.) of the statutes is amended to read:
460.14 (2) (intro.) Subject to the rules promulgated under s. 440.03 (1), the
affiliated credentialing board may reprimand a license holder an individual who
holds a single-state license or who is exercising an authorization to practice or may
deny, limit, suspend, or revoke a single-state license under this chapter or
authorization to practice if it finds that the applicant or license holder individual has
done any of the following:
SECTION 44. 460.14 (2) (j) of the statutes is amended to read:
460.14 (2) (j) Violated this chapter subchapter or any rule promulgated under
this chapter subchapter.
SECTION 45. 460.14 (2m) (intro.) of the statutes is amended to read:
460.14 (2m) (intro.) Subject to the rules promulgated under s. 440.03 (1), the
affiliated credentialing board shall revoke a license under this chapter an
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individual's single-state license or authorization to practice if the license holder
individual is convicted of any of the following:
SECTION 46. 460.14 (3) of the statutes is amended to read:
460.14 (3) The affiliated credentialing board may, subject to the terms of the
compact under s. 460.50, restore a single-state license or authorization to practice
that has been suspended or revoked on such terms and conditions as the affiliated
credentialing board may deem appropriate.
SECTION 47. 460.14 (4) of the statutes is amended to read:
460.14 (4) The affiliated credentialing board may, in addition to or in lieu of a
reprimand or revocation, limitation, suspension, or denial of a license or
authorization to practice, assess against a person who has done anything specified
under sub. (2) (a) to (j) a forfeiture of not more than $1,000 for each separate offense.
Each day of continued violation constitutes a separate offense.
SECTION 48. 460.145 of the statutes is amended to read:
460.145 Employment of unlicensed persons. No person may employ or
contract for the services of an individual to provide massage therapy or bodywork
therapy who is required to be licensed under s. 460.02 unless the individual is
licensed under this chapter a license holder.
SECTION 49. 460.15 of the statutes is amended to read:
460.15 Penalty. Any person who violates this chapter subchapter or any rule
promulgated under this chapter subchapter may be fined not more than $1,000 for
each violation or imprisoned for not more than 90 days, or both.
SECTION 50. 460.17 (1) of the statutes is amended to read:
460.17 (1) A city, village, town, or county may not enact an ordinance that
regulates the practice of massage therapy or bodywork therapy by a person who is
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licensed by the affiliated credentialing board under this chapter license holder. No
provision of any ordinance enacted by a city, village, town, or county that is in effect
before February 1, 1999, and that relates to the practice of massage therapy or
bodywork therapy, may be enforced against a person who is licensed by the affiliated
credentialing board under this chapter license holder.
SECTION 51. 460.17 (2) (a) 1. of the statutes is amended to read:
460.17 (2) (a) 1. A city, village, or town may enact and enforce an ordinance that
prohibits an individual from violating the prohibitions under s. 460.02 unless the
individual is licensed under this chapter as required in compliance with the
requirement under s. 460.02.
SECTION 52. 460.17 (2) (a) 2. of the statutes is amended to read:
460.17 (2) (a) 2. A city, village, or town may enact and enforce an ordinance that
prohibits a person from employing or contracting for the services of an individual to
provide massage therapy or bodywork therapy who is required to be licensed in
compliance with the requirement under s. 460.02 unless the individual is licensed
under this chapter a license holder.
SECTION 53. Subchapter II of chapter 460 [precedes 460.50] of the statutes is
created to read:
SUBCHAPTER II
INTERSTATE MASSAGE COMP ACT
460.50 Interstate massage compact. (1) ARTICLE 1 - PURPOSE. The purpose
of this compact is to reduce the burdens on state governments and to facilitate the
interstate practice and regulation of massage therapy with the goal of improving
public access to, and the safety of, massage therapy services. Through this compact,
the member states seek to establish a regulatory framework which provides for a new
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multistate licensing program. Through this additional licensing pathway, the
member states seek to provide increased value and mobility to licensed massage
therapists in the member states, while ensuring the provision of safe, competent, and
reliable services to the public. This compact is designed to achieve the following
objectives, and the member states hereby ratify the same intentions by subscribing
hereto:
(a) Increase public access to massage therapy services by providing for a
multistate licensing pathway;
(b) Enhance the member states' ability to protect the public's health and safety;
(c) Enhance the member states' ability to prevent human trafficking and
licensure fraud;
(d) Encourage the cooperation of member states in regulating the multistate
practice of massage therapy;
(e) Support relocating military members and their spouses;
(f) Facilitate and enhance the exchange of licensure, investigative, and
disciplinary information between the member states;
(g) Create an interstate commission that will exist to implement and
administer the compact;
(h) Allow a member state to hold a licensee accountable, even where that
licensee holds a multistate license;
(i) Create a streamlined pathway for licensees to practice in member states,
thus increasing the mobility of duly licensed massage therapists; and
(j) Serve the needs of licensed massage therapists and the public receiving their
services; however,
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(k) Nothing in this compact is intended to prevent a state from enforcing its own
laws regarding the practice of massage therapy.
(2) ARTICLE 2 - DEFINITIONS. As used in this compact, except as otherwise
provided and subject to clarification by the rules of the commission, the following
definitions shall govern the terms herein:
(a) “Active military member” - any person with full-time duty status in the
armed forces of the United States, including members of the National Guard and
Reserve.
(b) “Adverse action” - any administrative, civil, equitable, or criminal action
permitted by a member state's laws which is imposed by a licensing authority or
other regulatory body against a licensee, including actions against an individual's
authorization to practice such as revocation, suspension, probation, surrender in lieu
of discipline, monitoring of the licensee, limitation of the licensee's practice, or any
other encumbrance on licensure affecting an individual's ability to practice massage
therapy, including the issuance of a cease and desist order.
(c) “Alternative program” - a non-disciplinary monitoring or prosecutorial
diversion program approved by a member state's licensing authority.
(d) “Authorization to practice” - a legal authorization by a remote state
pursuant to a multistate license permitting the practice of massage therapy in that
remote state, which shall be subject to the enforcement jurisdiction of the licensing
authority in that remote state.
(e) “Background check” - the submission of an applicant's criminal history
record information, as further defined in 28 CFR 20.3 (d), as amended from the
federal bureau of investigation and the agency responsible for retaining state
criminal records in the applicant's home state.
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(f) “Charter member states” - member states who have enacted legislation to
adopt this compact where such legislation predates the effective date of this compact
as defined in sub. (12).
(g) “Commission” - the government agency whose membership consists of all
states that have enacted this compact, which is known as the Interstate Massage
Compact Commission, as defined in sub. (8), and which shall operate as an
instrumentality of the member states.
(h) “Continuing competence” - a requirement, as a condition of license renewal,
to provide evidence of participation in, and completion of, educational or professional
activities that maintain, improve, or enhance massage therapy fitness to practice.
(i) “Current significant investigative information” - investigative information
that a licensing authority, after an inquiry or investigation that complies with a
member state's due process requirements, has reason to believe is not groundless
and, if proved true, would indicate a violation of that state's laws regarding the
practice of massage therapy.
(j) “Data system” - a repository of information about licensees who hold
multistate licenses, which may include but is not limited to license status,
investigative information, and adverse actions.
(k) “Disqualifying event” - any event which shall disqualify an individual from
holding a multistate license under this compact, which the commission may by rule
specify.
(L) “Encumbrance” - a revocation or suspension of, or any limitation or
condition on, the full and unrestricted practice of massage therapy by a licensing
authority.
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(m) “Executive Committee” - a group of delegates elected or appointed to act
on behalf of, and within the powers granted to them by, the commission.
(n) “Home state” - means the member state which is a licensee's primary state
of residence where the licensee holds an active single-state license.
(o) “Investigative information” - information, records, or documents received
or generated by a licensing authority pursuant to an investigation or other inquiry.
(p) “Licensing authority” - a state's regulatory body responsible for issuing
massage therapy licenses or otherwise overseeing the practice of massage therapy
in that state.
(q) “Licensee” - an individual who currently holds a license from a member
state to fully practice massage therapy, whose license is not a student, provisional,
temporary, inactive, or other similar status.
(r) “Massage therapy”, “massage therapy services”, and the “practice of
massage therapy” - the care and services provided by a licensee as set forth in the
member state's statutes and regulations in the state where the services are being
provided.
(s) “Member State” - any state that has adopted this compact.
(t) “Multistate License” - a license that consists of authorizations to practice
massage therapy in all remote states pursuant to this compact, which shall be
subject to the enforcement jurisdiction of the licensing authority in a licensee's home
state.
(u) “National licensing examination” - a national examination developed by a
national association of massage therapy regulatory boards, as defined by
commission rule, that is derived from a practice analysis and is consistent with
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generally accepted psychometric principles of fairness, validity and reliability, and
is administered under secure and confidential examination protocols.
(v) “Remote state” - any member state, other than the licensee's home state.
(w) “Rule” - any opinion or regulation promulgated by the commission under
this compact, which shall have the force of law.
(x) “Single-state license” - a current, valid authorization issued by a member
state's licensing authority allowing an individual to fully practice massage therapy,
that is not a restricted, student, provisional, temporary, or inactive practice
authorization and authorizes practice only within the issuing state.
(y) “State” - a state, territory, possession of the United States, or the District
of Columbia.
(3) ARTICLE 3 - MEMBER STATE REQUIREMENTS. (a) To be eligible to join this
compact, and to maintain eligibility as a member state, a state must:
1. License and regulate the practice of massage therapy;
2. Have a mechanism or entity in place to receive and investigate complaints
from the public, regulatory or law enforcement agencies, or the commission about
licensees practicing in that state;
3. Accept passage of a national licensing examination as a criterion for massage
therapy licensure in that state;
4. Require that licensees satisfy educational requirements prior to being
licensed to provide massage therapy services to the public in that state;
5. Implement procedures for requiring the background check of applicants for
a multistate license, and for the reporting of any disqualifying events, including but
not limited to obtaining and submitting, for each licensee holding a multistate
license and each applicant for a multistate license, fingerprint or other
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biometric-based information to the federal bureau of investigation for background
checks; receiving the results of the federal bureau of investigation record search on
background checks and considering the results of such a background check in
making licensure decisions;
6. Have continuing competence requirements as a condition for license
renewal;
7. Participate in the data system, including through the use of unique
identifying numbers as described herein;
8. Notify the commission and other member states, in compliance with the
terms of the compact and rules of the commission, of any disciplinary action taken
by the state against a licensee practicing under a multistate license in that state, or
of the existence of investigative information or current significant investigative
information regarding a licensee practicing in that state pursuant to a multistate
license;
9. Comply with the rules of the commission;
10. Accept licensees with valid multistate licenses from other member states
as established herein;
(b) Individuals not residing in a member state shall continue to be able to apply
for a member state's single-state license as provided under the laws of each member
state. However, the single-state license granted to those individuals shall not be
recognized as granting a multistate license for massage therapy in any other member
state;
(c) Nothing in this compact shall affect the requirements established by a
member state for the issuance of a single-state license; and
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(d) A multistate license issued to a licensee shall be recognized by each remote
state as an authorization to practice massage therapy in each remote state.
(4) ARTICLE 4 - MULTISTATE LICENSE REQUIREMENTS. (a) To qualify for a multistate
license under this compact, and to maintain eligibility for such a license, an applicant
must:
1. Hold an active single-state license to practice massage therapy in the
applicant's home state;
2. Have completed at least six hundred and twenty-five (625) clock hours of
massage therapy education or the substantial equivalent which the commission may
approve by rule.
3. Have passed a national licensing examination or the substantial equivalent
which the commission may approve by rule.
4. Submit to a background check;
5. Have not been convicted or found guilty, or have entered into an agreed
disposition, of a felony offense under applicable state or federal criminal law, within
five (5) years prior to the date of their application, where such a time period shall not
include any time served for the offense, and provided that the applicant has
completed any and all requirements arising as a result of any such offense;
6. Have not been convicted or found guilty, or have entered into an agreed
disposition, of a misdemeanor offense related to the practice of massage therapy
under applicable state or federal criminal law, within two (2) years prior to the date
of their application where such a time period shall not include any time served for
the offense, and provided that the applicant has completed any and all requirements
arising as a result of any such offense;
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7. Have not been convicted or found guilty, or have entered into an agreed
disposition, of any offense, whether a misdemeanor or a felony, under State or federal
law, at any time, relating to any of the following:
a. Kidnapping;
b. Human trafficking;
c. Human smuggling;
d. Sexual battery, sexual assault, or any related offenses; or
e. Any other category of offense which the commission may by rule designate.
8. Have not previously held a massage therapy license which was revoked by,
or surrendered in lieu of discipline to an applicable licensing authority;
9. Have no history of any adverse action on any occupational or professional
license within two (2) years prior to the date of their application; and
10. Pay all required fees.
(b) A multistate license granted pursuant to this compact may be effective for
a definite period of time concurrent with the renewal of the home state license.
(c) A licensee practicing in a member state is subject to all scope of practice laws
governing massage therapy services in that state.
(d) The practice of massage therapy under a multistate license granted
pursuant to this compact will subject the licensee to the jurisdiction of the licensing
authority, the courts, and the laws of the member state in which the massage therapy
services are provided.
(5) ARTICLE 5 - AUTHORITY OF INTERSTATE MASSAGE COMPACT COMMISSION AND
MEMBER STATE LICENSING AUTHORITIES. (a) Nothing in this compact, nor any rule of the
commission, shall be construed to limit, restrict, or in any way reduce the ability of
a member state to enact and enforce laws, regulations, or other rules related to the
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practice of massage therapy in that state, where those laws, regulations, or other
rules are not inconsistent with the provisions of this compact.
(b) Nothing in this compact, nor any rule of the commission, shall be construed
to limit, restrict, or in any way reduce the ability of a member state to take adverse
action against a licensee's single-state license to practice massage therapy in that
state.
(c) Nothing in this compact, nor any rule of the commission, shall be construed
to limit, restrict, or in any way reduce the ability of a remote state to take adverse
action against a licensee's authorization to practice in that state.
(d) Nothing in this compact, nor any rule of the commission, shall be construed
to limit, restrict, or in any way reduce the ability of a licensee's home state to take
adverse action against a licensee's multistate license based upon information
provided by a remote state.
(e) Insofar as practical, a member state's licensing authority shall cooperate
with the commission and with each entity exercising independent regulatory
authority over the practice of massage therapy according to the provisions of this
compact.
(6) ARTICLE 6 - ADVERSE ACTIONS. (a) A licensee's home state shall have exclusive
power to impose an adverse action against a licensee's multistate license issued by
the home state.
(b) A home state may take adverse action on a multistate license based on the
investigative information, current significant investigative information, or adverse
action of a remote state.
(c) A home state shall retain authority to complete any pending investigations
of a licensee practicing under a multistate license who changes their home state
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during the course of such an investigation. The licensing authority shall also be
empowered to report the results of such an investigation to the commission through
the data system as described herein.
(d) Any member state may investigate actual or alleged violations of the scope
of practice laws in any other member state for a massage therapist who holds a
multistate license.
(e) A remote state shall have the authority to:
1. Take adverse actions against a licensee's authorization to practice;
2. Issue cease and desist orders or impose an encumbrance on a licensee's
authorization to practice in that state.
3. Issue subpoenas for both hearings and investigations that require the
attendance and testimony of witnesses, as well as the production of evidence.
Subpoenas issued by a licensing authority in a member state for the attendance and
testimony of witnesses or the production of evidence from another member state
shall be enforced in the latter state by any court of competent jurisdiction, according
to the practice and procedure of that court applicable to subpoenas issued in
proceedings before it. The issuing licensing authority shall pay any witness fees,
travel expenses, mileage, and other fees required by the service statutes of the state
in which the witnesses or evidence are located.
4. If otherwise permitted by state law, recover from the affected licensee the
costs of investigations and disposition of cases resulting from any adverse action
taken against that licensee.
5. Take adverse action against the licensee's authorization to practice in that
state based on the factual findings of another member state.
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(f) If an adverse action is taken by the home state against a licensee's multistate
license or single-state license to practice in the home state, the licensee's
authorization to practice in all other member states shall be deactivated until all
encumbrances have been removed from such license. All home state disciplinary
orders that impose an adverse action against a licensee shall include a statement
that the massage therapist's authorization to practice is deactivated in all member
states during the pendency of the order.
(g) If adverse action is taken by a remote state against a licensee's
authorization to practice, that adverse action applies to all authorizations to practice
in all remote states. A licensee whose authorization to practice in a remote state is
removed for a specified period of time is not eligible to apply for a new multistate
license in any other state until the specific time for removal of the authorization to
practice has passed and all encumbrance requirements are satisfied.
(h) Nothing in this compact shall override a member state's authority to accept
a licensee's participation in an alternative program in lieu of adverse action. A
licensee's multistate license shall be suspended for the duration of the licensee's
participation in any alternative program.
(i) Joint investigations. 1. In addition to the authority granted to a member
state by its respective scope of practice laws or other applicable state law, a member
state may participate with other member states in joint investigations of licensees.
2. Member states shall share any investigative, litigation, or compliance
materials in furtherance of any joint or individual investigation initiated under the
compact.
(7) ARTICLE 7 - ACTIVE MILITARY MEMBER AND THEIR SPOUSES. Active military
member, or their spouses, shall designate a home state where the individual has a
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current license to practice massage therapy in good standing. The individual may
retain their home state designation during any period of service when that
individual or their spouse is on active duty assignment.
(8) ARTICLE 8 - ESTABLISHMENT AND OPERATION OF INTERSTATE MASSAGE COMPACT
COMMISSION. (a) The compact member states hereby create and establish a joint
government agency whose membership consists of all member states that have
enacted the compact known as the Interstate Massage Compact Commission. The
commission is an instrumentality of the compact states acting jointly and not an
instrumentality of any one State. The commission shall come into existence on or
after the effective date of the compact as set forth in sub. (12).
(b) Membership, voting, and meetings. 1. Each member state shall have and
be limited to one (1) delegate selected by that member state's state licensing
authority.
2. The delegate shall be the primary administrative officer of the state licensing
authority or their designee.
3. The commission shall by rule or bylaw establish a term of office for delegates
and may by rule or bylaw establish term limits.
4. The commission may recommend removal or suspension of any delegate from
office.
5. A member state's State licensing authority shall fill any vacancy of its
delegate occurring on the commission within 60 days of the vacancy.
6. Each delegate shall be entitled to one vote on all matters that are voted on
by the commission.
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7. The commission shall meet at least once during each calendar year.
Additional meetings may be held as set forth in the bylaws. The commission may
meet by telecommunication, video conference or other similar electronic means.
(c) The commission shall have the following powers:
1. Establish the fiscal year of the commission;
2. Establish code of conduct and conflict of interest policies;
3. Adopt rules and bylaws;
4. Maintain its financial records in accordance with the bylaws;
5. Meet and take such actions as are consistent with the provisions of this
compact, the commission's rules, and the bylaws;
6. Initiate and conclude legal proceedings or actions in the name of the
commission, provided that the standing of any state licensing authority to sue or be
sued under applicable law shall not be affected;
7. Maintain and certify records and information provided to a member state as
the authenticated business records of the commission, and designate an agent to do
so on the commission's behalf;
8. Purchase and maintain insurance and bonds;
9. Borrow, accept, or contract for services of personnel, including, but not
limited to, employees of a member state;
10. Conduct an annual financial review;
11. Hire employees, elect or appoint officers, fix compensation, define duties,
grant such individuals appropriate authority to carry out the purposes of the
compact, and establish the commission's personnel policies and programs relating
to conflicts of interest, qualifications of personnel, and other related personnel
matters;
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12. Assess and collect fees;
13. Accept any and all appropriate gifts, donations, grants of money, other
sources of revenue, equipment, supplies, materials, and services, and receive, utilize,
and dispose of the same; provided that at all times the commission shall avoid any
appearance of impropriety or conflict of interest;
14. Lease, purchase, retain, own, hold, improve, or use any property, real,
personal, or mixed, or any undivided interest therein;
15. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise
dispose of any property real, personal, or mixed;
16. Establish a budget and make expenditures;
17. Borrow money;
18. Appoint committees, including standing committees, composed of
members, state regulators, state legislators or their representatives, and consumer
representatives, and such other interested persons as may be designated in this
compact and the bylaws;
19. Accept and transmit complaints from the public, regulatory or law
enforcement agencies, or the commission, to the relevant member state(s) regarding
potential misconduct of licensees;
20. Elect a chair, vice chair, secretary and treasurer and such other officers of
the commission as provided in the commission's bylaws;
21. Establish and elect an executive committee, including a chair and a vice
chair;
22. Adopt and provide to the member states an annual report.
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23. Determine whether a state's adopted language is materially different from
the model compact language such that the state would not qualify for participation
in the compact; and
24. Perform such other functions as may be necessary or appropriate to achieve
the purposes of this compact.
(d) The executive committee. 1. The executive committee shall have the power
to act on behalf of the commission according to the terms of this compact. The powers,
duties, and responsibilities of the executive committee shall include:
a. Overseeing the day-to-day activities of the administration of the compact
including compliance with the provisions of the compact, the commission's rules and
bylaws, and other such duties as deemed necessary;
b. Recommending to the commission changes to the rules or bylaws, changes
to this compact legislation, fees charged to compact member states, fees charged to
licensees, and other fees;
c. Ensuring compact administration services are appropriately provided,
including by contract;
d. Preparing and recommending the budget;
e. Maintaining financial records on behalf of the commission;
f. Monitoring compact compliance of member states and providing compliance
reports to the commission;
g. Establishing additional committees as necessary;
h. Exercise the powers and duties of the commission during the interim
between commission meetings, except for adopting or amending rules, adopting or
amending bylaws, and exercising any other powers and duties expressly reserved to
the commission by rule or bylaw; and
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i. Other duties as provided in the Rules or bylaws of the Commission.
2. The executive committee shall be composed of seven voting members and up
to two ex-officio members as follows:
a. The chair and vice chair of the commission and any other members of the
commission who serve on the executive committee shall be voting members of the
executive committee; and
b. Other than the chair, vice-chair, secretary and treasurer, the commission
shall elect three voting members from the current membership of the commission.
c. The commission may elect ex-officio, nonvoting members as necessary as
follows: one ex-officio member who is a representative of the national association of
state massage therapy regulatory boards and one ex-officio member as specified in
the Commission's bylaws.
3. The commission may remove any member of the executive committee as
provided in the commission's bylaws.
4. The Executive Committee shall meet at least annually.
a. Executive committee meetings shall be open to the public, except that the
executive committee may meet in a closed, non-public session of a public meeting
when dealing with any of the matters covered under par. (f) 4.
b. The executive committee shall give five business days advance notice of its
public meetings, posted on its website and as determined to provide notice to persons
with an interest in the public matters the executive committee intends to address at
those meetings.
5. The executive committee may hold an emergency meeting when acting for
the commission to:
a. Meet an imminent threat to public health, safety, or welfare;
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b. Prevent a loss of commission or participating state funds; or
c. Protect public health and safety.
(e) The commission shall adopt and provide to the member states an annual
report.
(f) Meetings of the Commission. 1. All meetings of the commission that are not
closed pursuant to this subsection shall be open to the public. Notice of public
meetings shall be posted on the commission's website at least thirty (30) days prior
to the public meeting.
2. Notwithstanding subd. 1., the commission may convene an emergency public
meeting by providing at least twenty-four (24) hours prior notice on the commission's
website, and any other means as provided in the commission's rules, for any of the
reasons it may dispense with notice of proposed rulemaking under sub. (10) (L). The
commission's legal counsel shall certify the that one of the reasons justifying an
emergency public meeting has been met.
3. Notice of all commission meetings shall provide the time, date, and location
of the meeting, and if the meeting is to be held or accessible via telecommunication,
video conference, or other electronic means, the notice shall include the mechanism
for access to the meeting.
4. The commission may convene in a closed, non-public meeting for the
commission to discuss:
a. Non-compliance of a member state with its obligations under the compact;
b. The employment, compensation, discipline or other matters, practices or
procedures related to specific employees or other matters related to the commission's
internal personnel practices and procedures;
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c. Current or threatened discipline of a licensee by the commission or by a
member state's licensing authority;
d. Current, threatened, or reasonably anticipated litigation;
e. Negotiation of contracts for the purchase, lease, or sale of goods, services, or
real estate;
f. Accusing any person of a crime or formally censuring any person;
g. Trade secrets or commercial or financial information that is privileged or
confidential;
h. Information of a personal nature where disclosure would constitute a clearly
unwarranted invasion of personal privacy;
i. Investigative records compiled for law enforcement purposes;
j. Information related to any investigative reports prepared by or on behalf of
or for use of the commission or other committee charged with responsibility of
investigation or determination of compliance issues pursuant to the compact;
k. Legal advice;
L. Matters specifically exempted from disclosure to the public by federal or
member state law; or
m. Other matters as promulgated by the commission by rule.
5. If a meeting, or portion of a meeting, is closed, the presiding officer shall state
that the meeting will be closed and reference each relevant exempting provision, and
such reference shall be recorded in the minutes.
6. The commission shall keep minutes that fully and clearly describe all
matters discussed in a meeting and shall provide a full and accurate summary of
actions taken, and the reasons therefore, including a description of the views
expressed. All documents considered in connection with an action shall be identified
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in such minutes. All minutes and documents of a closed meeting shall remain under
seal, subject to release only by a majority vote of the commission or order of a court
of competent jurisdiction.
(g) Financing of the commission. 1. The commission shall pay, or provide for
the payment of, the reasonable expenses of its establishment, organization, and
ongoing activities.
2. The commission may accept any and all appropriate sources of revenue,
donations, and grants of money, equipment, supplies, materials, and services.
3. The commission may levy on and collect an annual assessment from each
member state and impose fees on licensees of member states to whom it grants a
multistate license to cover the cost of the operations and activities of the commission
and its staff, which must be in a total amount sufficient to cover its annual budget
as approved each year for which revenue is not provided by other sources. The
aggregate annual assessment amount for member states shall be allocated based
upon a formula that the commission shall promulgate by rule.
4. The commission shall not incur obligations of any kind prior to securing the
funds adequate to meet the same; nor shall the commission pledge the credit of any
member states, except by and with the authority of the member state.
5. The commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the commission shall be subject
to the financial review and accounting procedures established under its bylaws. All
receipts and disbursements of funds handled by the commission shall be subject to
an annual financial review by a certified or licensed public accountant, and the
report of the financial review shall be included in and become part of the annual
report of the Commission.
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(h) Qualified immunity, defense, and indemnification. 1. The members,
officers, executive director, employees and representatives of the commission shall
be immune from suit and liability, both personally and in their official capacity, for
any claim for damage to or loss of property or personal injury or other civil liability
caused by or arising out of any actual or alleged act, error, or omission that occurred,
or that the person against whom the claim is made had a reasonable basis for
believing occurred within the scope of commission employment, duties or
responsibilities; provided that nothing in this subdivision shall be construed to
protect any such person from suit or liability for any damage, loss, injury, or liability
caused by the intentional or willful or wanton misconduct of that person. The
procurement of insurance of any type by the commission shall not in any way
compromise or limit the immunity granted hereunder.
2. The commission shall defend any member, officer, executive director,
employee, and representative of the commission in any civil action seeking to impose
liability arising out of any actual or alleged act, error, or omission that occurred
within the scope of commission employment, duties, or responsibilities, or as
determined by the commission that the person against whom the claim is made had
a reasonable basis for believing occurred within the scope of commission
employment, duties, or responsibilities; provided that nothing herein shall be
construed to prohibit that person from retaining their own counsel at their own
expense; and provided further, that the actual or alleged act, error, or omission did
not result from that person's intentional or willful or wanton misconduct.
3. The commission shall indemnify and hold harmless any member, officer,
executive director, employee, and representative of the commission for the amount
of any settlement or judgment obtained against that person arising out of any actual
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or alleged act, error, or omission that occurred within the scope of commission
employment, duties, or responsibilities, or that such person had a reasonable basis
for believing occurred within the scope of commission employment, duties, or
responsibilities, provided that the actual or alleged act, error, or omission did not
result from the intentional or willful or wanton misconduct of that person.
4. Nothing herein shall be construed as a limitation on the liability of any
licensee for professional malpractice or misconduct, which shall be governed solely
by any other applicable state laws.
5. Nothing in this compact shall be interpreted to waive or otherwise abrogate
a member state's state action immunity or state action affirmative defense with
respect to antitrust claims under the Sherman Act, Clayton Act, or any other state
or federal antitrust or anticompetitive law or regulation.
6. Nothing in this compact shall be construed to be a waiver of sovereign
immunity by the member states or by the commission.
(9) ARTICLE 9 - DATA SYSTEM. (a) The commission shall provide for the
development, maintenance, operation, and utilization of a coordinated database and
reporting system.
(b) The commission shall assign each applicant for a multistate license a
unique identifier, as determined by the rules of the commission.
(c) Notwithstanding any other provision of state law to the contrary, a member
state shall submit a uniform data set to the data system on all individuals to whom
this compact is applicable as required by the rules of the commission, including:
1. Identifying information;
2. Licensure data;
3. Adverse actions against a license and information related thereto;
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4. Non-confidential information related to alternative program participation,
the beginning and ending dates of such participation, and other information related
to such participation;
5. Any denial of application for licensure, and the reason(s) for such denial
(excluding the reporting of any criminal history record information where prohibited
by law);
6. The existence of investigative information;
7. The existence presence of current significant investigative information; and
8. Other information that may facilitate the administration of this compact or
the protection of the public, as determined by the rules of the commission.
(d) The records and information provided to a member state pursuant to this
compact or through the data system, when certified by the commission or an agent
thereof, shall constitute the authenticated business records of the commission, and
shall be entitled to any associated hearsay exception in any relevant judicial,
quasi-judicial or administrative proceedings in a member state.
(e) The existence of current significant investigative information and the
existence of investigative information pertaining to a licensee in any member state
will only be available to other member states.
(f) It is the responsibility of the member states to report any adverse action
against a licensee who holds a multistate license and to monitor the database to
determine whether adverse action has been taken against such a licensee or license
applicant. Adverse action information pertaining to a licensee or license applicant
in any member state will be available to any other member state.
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(g) Member states contributing information to the data system may designate
information that may not be shared with the public without the express permission
of the contributing state.
(h) Any information submitted to the data system that is subsequently
expunged pursuant to federal law or the laws of the member state contributing the
information shall be removed from the data system.
(10) ARTICLE 10 - RULEMAKING. (a) The commission shall promulgate
reasonable rules in order to effectively and efficiently implement and administer the
purposes and provisions of the compact. A rule shall be invalid and have no force or
effect only if a court of competent jurisdiction holds that the rule is invalid because
the commission exercised its rulemaking authority in a manner that is beyond the
scope and purposes of the compact, or the powers granted hereunder, or based upon
another applicable standard of review.
(b) The rules of the commission shall have the force of law in each member state,
provided however that where the rules of the commission conflict with the laws of the
member state that establish the member state's scope of practice as held by a court
of competent jurisdiction, the rules of the commission shall be ineffective in that
state to the extent of the conflict.
(c) The commission shall exercise its rulemaking powers pursuant to the
criteria set forth in this subsection and the rules adopted thereunder. Rules shall
become binding as of the date specified by the commission for each rule.
(d) If a majority of the legislatures of the member states rejects a rule or portion
of a rule, by enactment of a statute or resolution in the same manner used to adopt
the compact within four (4) years of the date of adoption of the rule, then such rule
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shall have no further force and effect in any member state or to any state applying
to participate in the compact.
(e) Rules shall be adopted at a regular or special meeting of the commission.
(f) Prior to adoption of a proposed rule, the commission shall hold a public
hearing and allow persons to provide oral and written comments, data, facts,
opinions, and arguments.
(g) Prior to adoption of a proposed rule by the commission, and at least thirty
(30) days in advance of the meeting at which the commission will hold a public
hearing on the proposed rule, the commission shall provide a notice of proposed
rulemaking:
1. On the website of the commission or other publicly accessible platform;
2. To persons who have requested notice of the commission's notices of proposed
rulemaking, and
3. In such other way(s) as the commission may by rule specify.
(h) The notice of proposed rulemaking shall include:
1. The time, date, and location of the public hearing at which the commission
will hear public comments on the proposed rule and, if different, the time, date, and
location of the meeting where the commission will consider and vote on the proposed
rule;
2. If the hearing is held via telecommunication, video conference, or other
electronic means, the commission shall include the mechanism for access to the
hearing in the notice of proposed rulemaking;
3. The text of the proposed rule and the reason therefor;
4. A request for comments on the proposed rule from any interested person; and
5. The manner in which interested persons may submit written comments.
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(i) All hearings will be recorded. A copy of the recording and all written
comments and documents received by the commission in response to the proposed
rule shall be available to the public.
(j) Nothing in this subsection shall be construed as requiring a separate
hearing on each rule. Rules may be grouped for the convenience of the commission
at hearings required by this subsection.
(k) The commission shall, by majority vote of all commissioners, take final
action on the proposed rule based on the rulemaking record.
1. The commission may adopt changes to the proposed rule provided the
changes do not enlarge the original purpose of the proposed rule.
2. The commission shall provide an explanation of the reasons for substantive
changes made to the proposed rule as well as reasons for substantive changes not
made that were recommended by commenters.
3. The commission shall determine a reasonable effective date for the rule.
Except for an emergency as provided in par. (L), the effective date of the rule shall
be no sooner than thirty (30) days after the commission issuing the notice that it
adopted or amended the rule.
(L) Upon determination that an emergency exists, the commission may
consider and adopt an emergency rule with 24 hours notice, provided that the usual
rulemaking procedures provided in the compact and in this subsection shall be
retroactively applied to the rule as soon as reasonably possible, in no event later than
ninety (90) days after the effective date of the rule. For the purposes of this provision,
an emergency rule is one that must be adopted immediately to:
1. Meet an imminent threat to public health, safety, or welfare;
2. Prevent a loss of commission or member state funds;
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3. Meet a deadline for the promulgation of a rule that is established by federal
law or rule; or
4. Protect public health and safety.
(m) The commission or an authorized committee of the commission may direct
revisions to a previously adopted rule for purposes of correcting typographical errors,
errors in format, errors in consistency, or grammatical errors. Public notice of any
revisions shall be posted on the website of the commission. The revision shall be
subject to challenge by any person for a period of thirty (30) days after posting. The
revision may be challenged only on grounds that the revision results in a material
change to a rule. A challenge shall be made in writing and delivered to the
commission prior to the end of the notice period. If no challenge is made, the revision
will take effect without further action. If the revision is challenged, the revision may
not take effect without the approval of the commission.
(n) No member state's rulemaking requirements shall apply under this
compact.
(11) ARTICLE 11 - OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT. (a)
Oversight. 1. The executive and judicial branches of state government in each
member state shall enforce this compact and take all actions necessary and
appropriate to implement the compact.
2. Venue is proper and judicial proceedings by or against the commission shall
be brought solely and exclusively in a court of competent jurisdiction where the
principal office of the commission is located. The commission may waive venue and
jurisdictional defenses to the extent it adopts or consents to participate in alternative
dispute resolution proceedings. Nothing herein shall affect or limit the selection or
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propriety of venue in any action against a licensee for professional malpractice,
misconduct or any such similar matter.
3. The commission shall be entitled to receive service of process in any
proceeding regarding the enforcement or interpretation of the compact and shall
have standing to intervene in such a proceeding for all purposes. Failure to provide
the commission service of process shall render a judgment or order void as to the
commission, this compact, or promulgated rules.
(b) Default, technical assistance, and termination. 1. If the commission
determines that a member state has defaulted in the performance of its obligations
or responsibilities under this compact or the promulgated rules, the commission
shall provide written notice to the defaulting state. The notice of default shall
describe the default, the proposed means of curing the default, and any other action
that the commission may take, and shall offer training and specific technical
assistance regarding the default.
2. The commission shall provide a copy of the notice of default to the other
member states.
(c) If a state in default fails to cure the default, the defaulting state may be
terminated from the compact upon an affirmative vote of a majority of the delegates
of the member states, and all rights, privileges and benefits conferred on that state
by this compact may be terminated on the effective date of termination. A cure of the
default does not relieve the offending state of obligations or liabilities incurred
during the period of default.
(d) Termination of membership in the compact shall be imposed only after all
other means of securing compliance have been exhausted. Notice of intent to
suspend or terminate shall be given by the commission to the governor, the majority
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and minority leaders of the defaulting state's legislature, the defaulting state's state
licensing authority and each of the member states' state licensing authority.
(e) A state that has been terminated is responsible for all assessments,
obligations, and liabilities incurred through the effective date of termination,
including obligations that extend beyond the effective date of termination.
(f) Upon the termination of a state's membership from this compact, that state
shall immediately provide notice to all licensees who hold a multistate license within
that state of such termination. The terminated state shall continue to recognize all
licenses granted pursuant to this compact for a minimum of one hundred eighty (180)
days after the date of said notice of termination.
(g) The commission shall not bear any costs related to a state that is found to
be in default or that has been terminated from the compact, unless agreed upon in
writing between the commission and the defaulting state.
(h) The defaulting state may appeal the action of the commission by petitioning
the U.S. district court for the District of Columbia or the federal district where the
commission has its principal offices. The prevailing party shall be awarded all costs
of such litigation, including reasonable attorney's fees.
(i) Dispute resolution. 1. Upon request by a member state, the commission
shall attempt to resolve disputes related to the compact that arise among member
states and between member and non-member states.
2. The commission shall promulgate a rule providing for both mediation and
binding dispute resolution for disputes as appropriate.
(j) Enforcement. 1. The commission, in the reasonable exercise of its discretion,
shall enforce the provisions of this compact and the commission's rules.
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2. By majority vote as provided by commission rule, the commission may
initiate legal action against a member state in default in the United States district
court for the District of Columbia or the federal district where the commission has
its principal offices to enforce compliance with the provisions of the compact and its
promulgated rules. The relief sought may include both injunctive relief and
damages. In the event judicial enforcement is necessary, the prevailing party shall
be awarded all costs of such litigation, including reasonable attorney's fees. The
remedies herein shall not be the exclusive remedies of the commission. The
commission may pursue any other remedies available under federal or the defaulting
member state's law.
3. A member state may initiate legal action against the commission in the U.S.
district court for the District of Columbia or the federal district where the
commission has its principal offices to enforce compliance with the provisions of the
compact and its promulgated rules. The relief sought may include both injunctive
relief and damages. In the event judicial enforcement is necessary, the prevailing
party shall be awarded all costs of such litigation, including reasonable attorney's
fees.
4. No individual or entity other than a member state may enforce this compact
against the commission.
(12) ARTICLE 12 - EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT. (a) The compact
shall come into effect on the date on which the compact statute is enacted into law
in the seventh member state.
1. On or after the effective date of the compact, the commission shall convene
and review the enactment of each of the charter member states to determine if the
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statute enacted by each such charter member state is materially different than the
model compact statute.
a. A charter member state whose enactment is found to be materially different
from the model compact statute shall be entitled to the default process set forth in
sub. (11).
b. If any member state is later found to be in default, or is terminated or
withdraws from the compact, the commission shall remain in existence and the
compact shall remain in effect even if the number of member states should be less
than seven (7).
2. Member states enacting the compact subsequent to the charter member
states shall be subject to the process set forth in sub. (8) (c) 23. to determine if their
enactments are materially different from the model compact statute and whether
they qualify for participation in the compact.
3. All actions taken for the benefit of the commission or in furtherance of the
purposes of the administration of the compact prior to the effective date of the
compact or the commission coming into existence shall be considered to be actions
of the commission unless specifically repudiated by the commission.
4. Any state that joins the compact shall be subject to the commission's rules
and bylaws as they exist on the date on which the compact becomes law in that State.
Any rule that has been previously adopted by the commission shall have the full force
and effect of law on the day the compact becomes law in that state.
(b) Any member state may withdraw from this compact by enacting a statute
repealing that state's enactment of the compact.
1. A member state's withdrawal shall not take effect until one hundred eighty
(180) days after enactment of the repealing statute.
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2. Withdrawal shall not affect the continuing requirement of the withdrawing
state's licensing authority to comply with the investigative and adverse action
reporting requirements of this compact prior to the effective date of withdrawal.
3. Upon the enactment of a statute withdrawing from this compact, a state
shall immediately provide notice of such withdrawal to all licensees within that
state. Notwithstanding any subsequent statutory enactment to the contrary, such
withdrawing state shall continue to recognize all licenses granted pursuant to this
compact for a minimum of 180 days after the date of such notice of withdrawal.
(c) Nothing contained in this compact shall be construed to invalidate or
prevent any licensure agreement or other cooperative arrangement between a
member state and a non-member state that does not conflict with the provisions of
this compact.
(d) This compact may be amended by the member states. No amendment to this
compact shall become effective and binding upon any member state until it is enacted
into the laws of all member states.
(13) ARTICLE 13 - CONSTRUCTION AND SEVERABILITY. (a) This compact and the
commission's rulemaking authority shall be liberally construed so as to effectuate
the purposes, and the implementation and administration of the compact.
Provisions of the compact expressly authorizing or requiring the promulgation of
rules shall not be construed to limit the commission's rulemaking authority solely for
those purposes.
(b) The provisions of this compact shall be severable and if any phrase, clause,
sentence or provision of this compact is held by a court of competent jurisdiction to
be contrary to the constitution of any member state, a state seeking participation in
the compact, or of the United States, or the applicability thereof to any government,
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agency, person or circumstance is held to be unconstitutional by a court of competent
jurisdiction, the validity of the remainder of this compact and the applicability
thereof to any other government, agency, person or circumstance shall not be affected
thereby.
(c) Notwithstanding par. (b), the commission may deny a state's participation
in the compact or, in accordance with the requirements of sub. (11) (b), terminate a
member state's participation in the compact, if it determines that a constitutional
requirement of a member state is a material departure from the compact. Otherwise,
if this compact shall be held to be contrary to the constitution of any member state,
the compact shall remain in full force and effect as to the remaining member states
and in full force and effect as to the member state affected as to all severable matters.
(14) ARTICLE 14 - CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS.
Nothing herein shall prevent or inhibit the enforcement of any other law of a member
state that is not inconsistent with the compact. Any laws, statutes, regulations, or
other legal requirements in a member state in conflict with the compact are
superseded to the extent of the conflict. All permissible agreements between the
commission and the member states are binding in accordance with their terms.
460.51 Implementation of the interstate massage compact. (1) In this
section, “authorization to practice” has the meaning given in s. 460.01 (2).
(2) (a) An individual who is exercising an authorization to practice shall comply
with s. 440.03 (13) (am).
(b) Subject to s. 460.50 and any rules promulgated thereunder, ss. 440.20 to
440.22 and the rules promulgated under s. 440.03 (1) shall apply to an individual who
is exercising an authorization to practice in this state in the same manner that they
apply to holders of licenses issued under s. 460.05 (1m) and (2m).
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25 - 48 -2023 - 2024 Legislature LRB-1493/1
MED:klm&cjs
SECTION 54 ASSEMBLY BILL 716
SECTION 54. 895.48 (1m) (a) (intro.) of the statutes is amended to read:
895.48 (1m) (a) (intro.) Except as provided in par. (b), any physician,
naturopathic doctor, physician assistant, podiatrist, or athletic trainer licensed
under ch. 448, chiropractor licensed under ch. 446, dentist licensed under ch. 447,
emergency medical services practitioner licensed under s. 256.15, emergency
medical responder certified under s. 256.15 (8), registered nurse licensed under ch.
441, or a massage therapist or bodywork therapist who is licensed under ch. 460 or
who is exercising an authorization to practice, as defined in s. 460.01 (2), in this state
who renders voluntary health care to a participant in an athletic event or contest
sponsored by a nonprofit corporation, as defined in s. 66.0129 (6) (b), a private school,
as defined in s. 115.001 (3r), a tribal school, as defined in s. 115.001 (15m), a public
agency, as defined in s. 46.856 (1) (b), or a school, as defined in s. 609.655 (1) (c), is
immune from civil liability for his or her acts or omissions in rendering that care if
all of the following conditions exist:
(END)
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