Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB805 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 SENATE BILL 805
5	5	December 12, 2023 - Introduced by Senators C ABRAL-GUEVARA, BALLWEG,
6	6	CARPENTER and SPREITZER, cosponsored by Representatives TITTL, BRANDTJEN,
7	7	DITTRICH, JACOBSON, MELOTIK, MOSES, O'CONNOR, ROZAR, SCHMIDT, SPIROS and
8	8	WICHGERS. Referred to Committee on Licensing, Constitution and Federalism.
9	9	AN ACT to repeal 460.09 (title); to renumber and amend 440.03 (13) (c), 460.05
10	10	(1), 460.05 (2), 460.07 (2) and 460.09; to amend 146.81 (1) (hp), 146.997 (1) (d)
11	11	13., 440.03 (13) (b) (intro.), 440.15, 446.01 (1v) (o), 460.01 (intro.), 460.01 (2m),
12	12	460.02, 460.03 (intro.), 460.03 (1), 460.04 (2) (b), 460.04 (2) (e), 460.04 (2) (f),
13	13	460.04 (2) (g), 460.05 (4), 460.06 (intro.), 460.07 (1), 460.07 (2) (c), 460.08,
14	14	460.095 (4) (intro.), 460.10 (1) (intro.), 460.10 (1) (a), 460.10 (2), 460.14 (1),
15	15	460.14 (2) (intro.), 460.14 (2) (j), 460.14 (2m) (intro.), 460.14 (3), 460.14 (4),
16	16	460.145, 460.15, 460.17 (1), 460.17 (2) (a) 1., 460.17 (2) (a) 2. and 895.48 (1m)
17	17	(a) (intro.); and to create 14.897, 111.335 (4) (jm), 440.03 (11m) (c) 2u., 440.03
18	18	(13) (c) 1. i., subchapter I (title) of chapter 460 [precedes 460.01], 460.01 (2),
19	19	460.01 (2k), 460.01 (5), 460.01 (8), 460.05 (3m), 460.07 (2) (bm), 460.11 (4) and
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32	32	SENATE BILL 805
33	33	subchapter II of chapter 460 [precedes 460.50] of the statutes; relating to:
34	34	ratification of the Interstate Massage Compact.
35	35	Analysis by the Legislative Reference Bureau
36	36	This bill ratifies and enters Wisconsin into the Interstate Massage Compact,
37	37	which provides for the ability of a massage therapist to become eligible to practice
38	38	in other compact states. Significant provisions of the compact include the following:
39	39	1. The creation of an Interstate Massage Compact Commission, which includes
40	40	the primary administrative officer of the licensure boards or licensing authorities of
41	41	each member state, or their designees. The commission has various powers and
42	42	duties granted in the compact, including establishing bylaws, promulgating binding
43	43	rules for the compact, electing or appointing officers and hiring employees, and
44	44	establishing and electing an executive committee. The commission may levy on and
45	45	collect an annual assessment from each member state or impose fees on licensees of
46	46	member states to whom it grants a multistate license to cover the cost of the
47	47	operations and activities of the commission and its staff.
48	48	2. The ability for a massage therapist who is licensed in a home state and
49	49	satisfies certain other criteria to obtain a multistate license, which allows a massage
50	50	therapist to practice massage therapy in all other compact states (remote states).
51	51	The compact specifies a number of requirements in order for a massage therapist to
52	52	obtain a multistate license, including holding a massage therapist license in a home
53	53	state, having completed at least 625 hours of massage therapy education or the
54	54	substantial equivalent, not having certain disqualifying criminal convictions, not
55	55	having any encumbrances or restrictions against an occupational or professional
56	56	license in the previous two years, and paying any required fees. A massage therapist
57	57	practicing in a remote state under a multistate license is subject to all
58	58	scope-of-practice laws governing massage therapy services in that state. A remote
59	59	state may take actions against a massage therapist's authorization to practice in the
60	60	remote state, and if any adverse action is taken by a remote state against a licensee's
61	61	authorization to practice, that adverse action applies to all authorizations to practice
62	62	in all remote states. If a massage therapist's home state or multistate license is
63	63	encumbered, the massage therapist loses the authorization to practice in all remote
64	64	states until certain criteria are satisfied.
65	65	3. The ability of member states to issue subpoenas that are enforceable in other
66	66	states.
67	67	4. The creation of a coordinated database and reporting system containing
68	68	licensure and disciplinary action information on massage therapists. The compact
69	69	requires all home state disciplinary orders that impose adverse actions to be reported
70	70	to the commission. A member state must submit a uniform data set to the data
71	71	system on all individuals to whom the compact is applicable as required by the rules
72	72	of the commission.
73	73	5. Provisions regarding resolutions of disputes between member states and
74	74	between member and nonmember states, including a process for termination of a
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80	80	state's membership in the compact if the state defaults on its obligations under the
81	81	compact.
82	82	The compact becomes effective in this state upon enactment by seven states.
83	83	The compact provides that it may be amended upon enactment of an amendment by
84	84	all member states. A state may withdraw from the compact by repealing the statute
85	85	authorizing the compact, but the compact provides that a withdrawal does not take
86	86	effect until 180 days after the effective date of that repeal.
87	87	For further information see the state fiscal estimate, which will be printed as
88	88	an appendix to this bill.
89	89	The people of the state of Wisconsin, represented in senate and assembly, do
90	90	enact as follows:
91	91	SECTION 1. 14.897 of the statutes is created to read:
92	92	14.897 Interstate massage compact. There is created an interstate
93	93	massage compact commission as specified in s. 460.50. The delegate on the
94	94	commission representing this state shall be appointed by the massage therapy and
95	95	bodywork therapy affiliated credentialing board as provided in s. 460.50 (8) (b) 1. and
96	96	shall be an individual described in s. 460.50 (8) (b) 2. The commission has the powers
97	97	and duties granted and imposed under s. 460.50.
98	98	SECTION 2. 111.335 (4) (jm) of the statutes is created to read:
99	99	111.335 (4) (jm) Notwithstanding s. 111.322, it is not employment
100	100	discrimination because of conviction record for the massage therapy and bodywork
101	101	therapy affiliated credentialing board to do any of the following:
102	102	1. Refuse to license an individual in accordance with s. 460.05 (1m) (a) 8.
103	103	2. Refuse to grant to an individual a multistate license, as defined in s. 460.01
104	104	(5), in accordance with s. 460.50 (4) (a) 5. to 7.
105	105	SECTION 3. 146.81 (1) (hp) of the statutes is amended to read:
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122	122	SECTION 3 SENATE BILL 805
123	123	146.81 (1) (hp) A massage therapist or bodywork therapist who is licensed
124	124	under subch. I of ch. 460 or who is exercising an authorization to practice, as defined
125	125	in s. 460.01 (2), in this state.
126	126	SECTION 4. 146.997 (1) (d) 13. of the statutes is amended to read:
127	127	146.997 (1) (d) 13. A massage therapist or bodywork therapist who is licensed
128	128	under ch. 460 or who is exercising an authorization to practice, as defined in s. 460.01
129	129	(2), in this state.
130	130	SECTION 5. 440.03 (11m) (c) 2u. of the statutes is created to read:
131	131	440.03 (11m) (c) 2u. The coordinated database and reporting system under s.
132	132	460.50 (9), if such disclosure is required under the interstate massage compact under
133	133	s. 460.50.
134	134	SECTION 6. 440.03 (13) (b) (intro.) of the statutes is amended to read:
135	135	440.03 (13) (b) (intro.) The department may investigate whether an applicant
136	136	for or holder of any of the following credentials has been charged with or convicted
137	137	of a crime only pursuant to rules promulgated by the department under this
138	138	paragraph, including rules that establish the criteria that the department will use
139	139	to determine whether an investigation under this paragraph is necessary, except as
140	140	provided in par. (c) and ss. 441.51 (5) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4.,
141	141	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)
142	142	5.:
143	143	SECTION 7. 440.03 (13) (c) of the statutes is renumbered 440.03 (13) (c) 1. (intro.)
144	144	and amended to read:
145	145	440.03 (13) (c) 1. (intro.) The department shall require an all of the following
146	146	to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete
147	147	set of the person's fingerprints:
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175	175	SECTION 7
176	176	SENATE BILL 805
177	177	a. An applicant for a private detective license or a private security permit under
178	178	s. 440.26, an.
179	179	b. An applicant for a juvenile martial arts instructor permit under sub. (17),
180	180	an.
181	181	c. An applicant for a real estate appraiser certification under s. 458.06 or
182	182	license under s. 458.08, an.
183	183	d. An applicant for a multistate license under s. 441.06 (1c) or 441.10 (1c), an.
184	184	e. An applicant for a compact license under s. 448.05 (2) (f), an.
185	185	f. An applicant for a physical therapist license under s. 448.53 or physical
186	186	therapist assistant license under s. 448.535, an.
187	187	g. An applicant for an occupational therapist or occupational therapy assistant
188	188	compact privilege under s. 448.987 (4), and an applicant for an occupational
189	189	therapist or occupational therapy assistant license described in s. 448.987 (5) (b) 2.
190	190	a., an.
191	191	h. An applicant for a psychologist license under s. 455.04, and a.
192	192	z. A person for whom the department conducts an investigation under par. (b),
193	193	to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete
194	194	set of the person's fingerprints.
195	195	2. The department of justice may submit the fingerprint cards, and the
196	196	department of justice shall submit the fingerprint cards of all applicants for a real
197	197	estate appraiser certification under s. 458.06 or license under s. 458.08, of all
198	198	applicants for a multistate license under s. 441.06 (1c) or 441.10 (1c), of all applicants
199	199	for a compact license under s. 448.05 (2) (f), of all applicants for a physical therapist
200	200	license under s. 448.53 or a physical therapist assistant license under s. 448.535, and
201	201	of all applicants for a psychologist license under s. 455.04 identified in subd. 1. c. to
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228	228	SECTION 7 SENATE BILL 805
229	229	i., to the federal bureau of investigation for the purpose of verifying the identity of
230	230	the persons fingerprinted and obtaining records of their criminal arrests and
231	231	convictions.
232	232	3. Information obtained from the federal bureau of investigation may be shared
233	233	with the department or the appropriate credentialing board, but shall otherwise be
234	234	kept confidential and is not subject to disclosure under s. 19.35.
235	235	SECTION 8. 440.03 (13) (c) 1. i. of the statutes is created to read:
236	236	440.03 (13) (c) 1. i. An applicant for a multistate license under s. 460.05 (3m).
237	237	SECTION 9. 440.15 of the statutes is amended to read:
238	238	440.15 No fingerprinting. Except as provided under ss. 440.03 (13) (c),
239	239	441.51 (5) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4., 448.987 (3) (a) 5. a. and (5) (b)
240	240	2. a., 450.071 (3) (c) 9., 450.075 (3) (c) 9., and 455.50 (3) (e) 4. and (f) 4., and 460.50
241	241	(3) (a) 5., the department or a credentialing board may not require that an applicant
242	242	for a credential or a credential holder be fingerprinted or submit fingerprints in
243	243	connection with the department's or the credentialing board's credentialing.
244	244	SECTION 10. 446.01 (1v) (o) of the statutes is amended to read:
245	245	446.01 (1v) (o) The massage therapy and bodywork therapy affiliated
246	246	credentialing board under ch. 460. “Health care professional" also includes an
247	247	individual who is exercising an authorization to practice, as defined in s. 460.01 (2),
248	248	in this state.
249	249	SECTION 11. Subchapter I (title) of chapter 460 [precedes 460.01] of the statutes
250	250	is created to read:
251	251	CHAPTER 460
252	252	SUBCHAPTER I
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279	279	SECTION 11
280	280	SENATE BILL 805
281	281	REGULATION OF MASSAGE THERAPY
282	282	AND BODYWORK THERAPY
283	283	SECTION 12. 460.01 (intro.) of the statutes is amended to read:
284	284	460.01 Definitions. (intro.) In this chapter subchapter:
285	285	SECTION 13. 460.01 (2) of the statutes is created to read:
286	286	460.01 (2) “Authorization to practice” means the authorization to practice, as
287	287	defined in s. 460.50 (2) (d), of an individual to practice in this state under a multistate
288	288	license granted by another state that is a party to the compact.
289	289	SECTION 14. 460.01 (2k) of the statutes is created to read:
290	290	460.01 (2k) “Compact” means the interstate massage compact under s. 460.50.
291	291	SECTION 15. 460.01 (2m) of the statutes is amended to read:
292	292	460.01 (2m) “License holder" means a person granted who holds a single-state
293	293	license granted under this chapter or who is exercising an authorization to practice
294	294	under a multistate license granted in another state that is a party to the compact.
295	295	SECTION 16. 460.01 (5) of the statutes is created to read:
296	296	460.01 (5) “Multistate license” has the meaning given in s. 460.50 (2) (t).
297	297	SECTION 17. 460.01 (8) of the statutes is created to read:
298	298	460.01 (8) “Single-state license” means a single-state license, as defined in s.
299	299	460.50 (2) (x), granted by the affiliated credentialing board under s. 460.05 (1m) or
300	300	(2m).
301	301	SECTION 18. 460.02 of the statutes is amended to read:
302	302	460.02 License required. Except as provided in s. 460.03, no person may
303	303	provide massage therapy or bodywork therapy, designate himself or herself as a
304	304	massage therapist or bodywork therapist or masseur or masseuse, or use or assume
305	305	the title “massage therapist and bodywork therapist" or “massage therapist" or
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332	332	SECTION 18 SENATE BILL 805
333	333	“bodywork therapist" or “masseur" or “masseuse" or any title that includes “massage
334	334	therapist," “bodywork therapist," or “bodyworker," or append to the person's name
335	335	the letters “M.T.," “R.M.T.," “L.M.T.," “C.M.T.," “B.T.," “B.W.," “L.B.W.," “R.B.W.," or
336	336	“C.B.W.," or use any other title or designation that represents or may tend to
337	337	represent that he or she is licensed under this chapter, unless the person is licensed
338	338	under this chapter subchapter or holds a multistate license granted in another state
339	339	that is a party to the compact.
340	340	SECTION 19. 460.03 (intro.) of the statutes is amended to read:
341	341	460.03 Applicability. (intro.) A license under this chapter subchapter is not
342	342	required for any of the following:
343	343	SECTION 20. 460.03 (1) of the statutes is amended to read:
344	344	460.03 (1) A person holding a license, permit, registration, or certification
345	345	granted by this state or the federal government who engages in a practice of massage
346	346	therapy or bodywork therapy within the scope of his or her license, permit,
347	347	registration, or certification and who does not imply that he or she is licensed under
348	348	this chapter a license holder. A person who is exempt from licensure under this
349	349	subsection may use the terms “bodywork," “bodyworker," and “bodywork therapy" to
350	350	identify his or her practice.
351	351	SECTION 21. 460.04 (2) (b) of the statutes is amended to read:
352	352	460.04 (2) (b) Criteria for approving a training program for purposes of s.
353	353	460.05 (1) (e) 1. (1m) (a) 5. a. Rules promulgated under this paragraph shall require
354	354	the training program to meet the requirements under s. 460.095 and to consist of at
355	355	least 600 classroom hours.
356	356	SECTION 22. 460.04 (2) (e) of the statutes is amended to read:
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383	383	SECTION 22
384	384	SENATE BILL 805
385	385	460.04 (2) (e) A requirement that an applicant for a single-state license under
386	386	this chapter submit evidence satisfactory to the affiliated credentialing board that
387	387	the applicant has current proficiency in the use of an automated external
388	388	defibrillator achieved through instruction provided by an individual, organization,
389	389	or institution of higher education approved under s. 46.03 (38) to provide such
390	390	instruction.
391	391	SECTION 23. 460.04 (2) (f) of the statutes is amended to read:
392	392	460.04 (2) (f) Requirements to be satisfied by a person seeking a temporary
393	393	license permit under s. 460.08. The rules promulgated under this subsection shall
394	394	require the person to be a graduate of a massage therapy or bodywork therapy school
395	395	or program and may require the holder of a temporary license to make disclosures
396	396	to clients and to practice under the supervision of a massage therapist or bodywork
397	397	therapist licensed under this chapter license holder.
398	398	SECTION 24. 460.04 (2) (g) of the statutes is amended to read:
399	399	460.04 (2) (g) A requirement, for purposes of s. 460.05 (1m) (a) 5., that an
400	400	applicant for a license under this chapter s. 460.05 (1m) pass an examination on state
401	401	laws and administrative rules governing massage therapy and bodywork therapy.
402	402	SECTION 25. 460.05 (1) of the statutes is renumbered 460.05 (1m) (a), and
403	403	460.05 (1m) (a) 5. (intro.), 7. and 8. b., as renumbered, are amended to read:
404	404	460.05 (1m) (a) 5. (intro.) Except as provided in sub. (2) par. (b), the person
405	405	submits evidence satisfactory to the affiliated credentialing board that he or she has
406	406	done all of the following:
407	407	7. The person submits evidence satisfactory to the affiliated credentialing
408	408	board that he or she has in effect malpractice liability insurance coverage in an
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434	434	SECTION 25 SENATE BILL 805
435	435	amount that is not less than $1,000,000 per occurrence and $1,000,000 for all
436	436	occurrences in one year the amounts required under s. 460.11 (4).
437	437	8. b. An offense under federal law or a law of any other state that is comparable
438	438	to an offense under subd. 1. 8. a.
439	439	SECTION 26. 460.05 (2) of the statutes is renumbered 460.05 (1m) (b) and
440	440	amended to read:
441	441	460.05 (1m) (b) The affiliated credentialing board may waive a requirement
442	442	specified in sub. (1) (e) par (a) 5. if a person establishes, to the satisfaction of the
443	443	affiliated credentialing board, that he or she has education, training, or other
444	444	experience that is substantially equivalent to the requirement.
445	445	SECTION 27. 460.05 (3m) of the statutes is created to read:
446	446	460.05 (3m) The affiliated credentialing board shall grant a multistate license
447	447	to a person who holds a single-state license, satisfies the requirements under s.
448	448	460.50 (4) (a), and pays the fee specified in s. 440.05 (1).
449	449	SECTION 28. 460.05 (4) of the statutes is amended to read:
450	450	460.05 (4) The affiliated credentialing board may assign a unique license
451	451	number to each person licensed under this chapter subchapter.
452	452	SECTION 29. 460.06 (intro.) of the statutes is amended to read:
453	453	460.06 Examinations. (intro.) The affiliated credentialing board may not
454	454	grant a license under this chapter s. 460.05 (1m) unless the applicant achieves a
455	455	passing grade on the following examinations:
456	456	SECTION 30. 460.07 (1) of the statutes is amended to read:
457	457	460.07 (1) Each person who is licensed under this chapter license holder shall
458	458	conspicuously display the license in the place of business where he or she practices
459	459	massage therapy or bodywork therapy so that the license can easily be seen and read.
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487	487	SECTION 31
488	488	SENATE BILL 805
489	489	SECTION 31. 460.07 (2) of the statutes is renumbered 460.07 (2) (a), and 460.07
490	490	(2) (a) (intro.) and 2., as renumbered, are amended to read:
491	491	460.07 (2) (a) (intro.) Renewal applications An application for the renewal of
492	492	a single-state license shall be submitted to the department on a form provided by the
493	493	department on or before the applicable renewal date specified under s. 440.08 (2) (a)
494	494	and shall include all of the following:
495	495	2. If applicable, proof Proof of completion of continuing education under s.
496	496	460.10.
497	497	SECTION 32. 460.07 (2) (bm) of the statutes is created to read:
498	498	460.07 (2) (bm) Renewal of a multistate license granted under s. 460.05 (3m)
499	499	shall be governed by s. 460.50 (4).
500	500	SECTION 33. 460.07 (2) (c) of the statutes is amended to read:
501	501	460.07 (2) (c) Evidence satisfactory to the affiliated credentialing board that
502	502	the applicant has in effect malpractice liability insurance coverage in an amount that
503	503	is not less than $1,000,000 per occurrence and $1,000,000 for all occurrences in one
504	504	year the amounts required under s. 460.11 (4).
505	505	SECTION 34. 460.08 of the statutes is amended to read:
506	506	460.08 Temporary license permit. The affiliated credentialing board may
507	507	grant a temporary license permit for a period not to exceed 6 months to an applicant
508	508	who satisfies the requirements established in the rules under s. 460.04 (2) (f). A
509	509	temporary license permit may not be renewed.
510	510	SECTION 35. 460.09 (title) of the statutes is repealed.
511	511	SECTION 36. 460.09 of the statutes is renumbered 460.05 (2m) and amended
512	512	to read:
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538	538	SECTION 36 SENATE BILL 805
539	539	460.05 (2m) Upon application and payment of the fee specified in s. 440.05 (2),
540	540	the affiliated credentialing board shall grant a massage therapist or bodywork
541	541	therapist license to a person who holds a similar license in another state or territory
542	542	of the United States or another country if the affiliated credentialing board
543	543	determines that the requirements for receiving the license in the other state,
544	544	territory, or country are substantially equivalent to the requirements under s. 460.05
545	545	sub. (1m).
546	546	SECTION 37. 460.095 (4) (intro.) of the statutes is amended to read:
547	547	460.095 (4) (intro.) Ensure that each instructor hired by the school or training
548	548	program on or after December 1, 2010, to teach courses in theory and the practice of
549	549	massage therapy or bodywork therapy is licensed under this chapter subchapter and
550	550	has at least one of the following:
551	551	SECTION 38. 460.10 (1) (intro.) of the statutes is amended to read:
552	552	460.10 (1) (intro.) The affiliated credentialing board may shall promulgate
553	553	rules establishing all of the following:
554	554	SECTION 39. 460.10 (1) (a) of the statutes is amended to read:
555	555	460.10 (1) (a) Requirements and procedures for a license holder the holder of
556	556	a single-state license to complete continuing education programs or courses of study
557	557	to qualify for renewal of his or her license. The rules promulgated under this
558	558	paragraph may not require a license holder the holder of a single-state license to
559	559	complete more than 24 hours of continuing education programs or courses of study
560	560	in order to qualify for renewal of his or her license.
561	561	SECTION 40. 460.10 (2) of the statutes is amended to read:
562	562	460.10 (2) The affiliated credentialing board may waive all or part of any
563	563	requirement established in rules promulgated under sub. (1) (a) if it determines that
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590	590	MED:klm&cjs
591	591	SECTION 40
592	592	SENATE BILL 805
593	593	prolonged illness, disability, or other exceptional circumstances have prevented a
594	594	license holder an individual from completing the requirement.
595	595	SECTION 41. 460.11 (4) of the statutes is created to read:
596	596	460.11 (4) A license holder may not practice massage therapy or bodywork
597	597	therapy on a client unless the license holder has in effect malpractice liability
598	598	insurance coverage in an amount that is not less than $1,000,000 per occurrence and
599	599	$1,000,000 for all occurrences in one year.
600	600	SECTION 42. 460.14 (1) of the statutes is amended to read:
601	601	460.14 (1) Subject to the rules promulgated under s. 440.03 (1), the affiliated
602	602	credentialing board may make investigations and conduct hearings to determine
603	603	whether a violation of this chapter subchapter or any rule promulgated under this
604	604	chapter subchapter has occurred.
605	605	SECTION 43. 460.14 (2) (intro.) of the statutes is amended to read:
606	606	460.14 (2) (intro.) Subject to the rules promulgated under s. 440.03 (1), the
607	607	affiliated credentialing board may reprimand a license holder an individual who
608	608	holds a single-state license or who is exercising an authorization to practice or may
609	609	deny, limit, suspend, or revoke a single-state license under this chapter or
610	610	authorization to practice if it finds that the applicant or license holder individual has
611	611	done any of the following:
612	612	SECTION 44. 460.14 (2) (j) of the statutes is amended to read:
613	613	460.14 (2) (j) Violated this chapter subchapter or any rule promulgated under
614	614	this chapter subchapter.
615	615	SECTION 45. 460.14 (2m) (intro.) of the statutes is amended to read:
616	616	460.14 (2m) (intro.) Subject to the rules promulgated under s. 440.03 (1), the
617	617	affiliated credentialing board shall revoke a license under this chapter an
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643	643	MED:klm&cjs
644	644	SECTION 45 SENATE BILL 805
645	645	individual's single-state license or authorization to practice if the license holder
646	646	individual is convicted of any of the following:
647	647	SECTION 46. 460.14 (3) of the statutes is amended to read:
648	648	460.14 (3) The affiliated credentialing board may, subject to the terms of the
649	649	compact under s. 460.50, restore a single-state license or authorization to practice
650	650	that has been suspended or revoked on such terms and conditions as the affiliated
651	651	credentialing board may deem appropriate.
652	652	SECTION 47. 460.14 (4) of the statutes is amended to read:
653	653	460.14 (4) The affiliated credentialing board may, in addition to or in lieu of a
654	654	reprimand or revocation, limitation, suspension, or denial of a license or
655	655	authorization to practice, assess against a person who has done anything specified
656	656	under sub. (2) (a) to (j) a forfeiture of not more than $1,000 for each separate offense.
657	657	Each day of continued violation constitutes a separate offense.
658	658	SECTION 48. 460.145 of the statutes is amended to read:
659	659	460.145 Employment of unlicensed persons. No person may employ or
660	660	contract for the services of an individual to provide massage therapy or bodywork
661	661	therapy who is required to be licensed under s. 460.02 unless the individual is
662	662	licensed under this chapter a license holder.
663	663	SECTION 49. 460.15 of the statutes is amended to read:
664	664	460.15 Penalty. Any person who violates this chapter subchapter or any rule
665	665	promulgated under this chapter subchapter may be fined not more than $1,000 for
666	666	each violation or imprisoned for not more than 90 days, or both.
667	667	SECTION 50. 460.17 (1) of the statutes is amended to read:
668	668	460.17 (1) A city, village, town, or county may not enact an ordinance that
669	669	regulates the practice of massage therapy or bodywork therapy by a person who is
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696	696	MED:klm&cjs
697	697	SECTION 50
698	698	SENATE BILL 805
699	699	licensed by the affiliated credentialing board under this chapter license holder. No
700	700	provision of any ordinance enacted by a city, village, town, or county that is in effect
701	701	before February 1, 1999, and that relates to the practice of massage therapy or
702	702	bodywork therapy, may be enforced against a person who is licensed by the affiliated
703	703	credentialing board under this chapter license holder.
704	704	SECTION 51. 460.17 (2) (a) 1. of the statutes is amended to read:
705	705	460.17 (2) (a) 1. A city, village, or town may enact and enforce an ordinance that
706	706	prohibits an individual from violating the prohibitions under s. 460.02 unless the
707	707	individual is licensed under this chapter as required in compliance with the
708	708	requirement under s. 460.02.
709	709	SECTION 52. 460.17 (2) (a) 2. of the statutes is amended to read:
710	710	460.17 (2) (a) 2. A city, village, or town may enact and enforce an ordinance that
711	711	prohibits a person from employing or contracting for the services of an individual to
712	712	provide massage therapy or bodywork therapy who is required to be licensed in
713	713	compliance with the requirement under s. 460.02 unless the individual is licensed
714	714	under this chapter a license holder.
715	715	SECTION 53. Subchapter II of chapter 460 [precedes 460.50] of the statutes is
716	716	created to read:
717	717	SUBCHAPTER II
718	718	INTERSTATE MASSAGE COMP ACT
719	719	460.50 Interstate massage compact. (1) ARTICLE 1 - PURPOSE. The purpose
720	720	of this compact is to reduce the burdens on state governments and to facilitate the
721	721	interstate practice and regulation of massage therapy with the goal of improving
722	722	public access to, and the safety of, massage therapy services. Through this compact,
723	723	the member states seek to establish a regulatory framework which provides for a new
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750	750	SECTION 53 SENATE BILL 805
751	751	multistate licensing program. Through this additional licensing pathway, the
752	752	member states seek to provide increased value and mobility to licensed massage
753	753	therapists in the member states, while ensuring the provision of safe, competent, and
754	754	reliable services to the public. This compact is designed to achieve the following
755	755	objectives, and the member states hereby ratify the same intentions by subscribing
756	756	hereto:
757	757	(a) Increase public access to massage therapy services by providing for a
758	758	multistate licensing pathway;
759	759	(b) Enhance the member states' ability to protect the public's health and safety;
760	760	(c) Enhance the member states' ability to prevent human trafficking and
761	761	licensure fraud;
762	762	(d) Encourage the cooperation of member states in regulating the multistate
763	763	practice of massage therapy;
764	764	(e) Support relocating military members and their spouses;
765	765	(f) Facilitate and enhance the exchange of licensure, investigative, and
766	766	disciplinary information between the member states;
767	767	(g) Create an interstate commission that will exist to implement and
768	768	administer the compact;
769	769	(h) Allow a member state to hold a licensee accountable, even where that
770	770	licensee holds a multistate license;
771	771	(i) Create a streamlined pathway for licensees to practice in member states,
772	772	thus increasing the mobility of duly licensed massage therapists; and
773	773	(j) Serve the needs of licensed massage therapists and the public receiving their
774	774	services; however,
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800	800	MED:klm&cjs
801	801	SECTION 53
802	802	SENATE BILL 805
803	803	(k) Nothing in this compact is intended to prevent a state from enforcing its own
804	804	laws regarding the practice of massage therapy.
805	805	(2) ARTICLE 2 - DEFINITIONS. As used in this compact, except as otherwise
806	806	provided and subject to clarification by the rules of the commission, the following
807	807	definitions shall govern the terms herein:
808	808	(a) “Active military member” - any person with full-time duty status in the
809	809	armed forces of the United States, including members of the National Guard and
810	810	Reserve.
811	811	(b) “Adverse action” - any administrative, civil, equitable, or criminal action
812	812	permitted by a member state's laws which is imposed by a licensing authority or
813	813	other regulatory body against a licensee, including actions against an individual's
814	814	authorization to practice such as revocation, suspension, probation, surrender in lieu
815	815	of discipline, monitoring of the licensee, limitation of the licensee's practice, or any
816	816	other encumbrance on licensure affecting an individual's ability to practice massage
817	817	therapy, including the issuance of a cease and desist order.
818	818	(c) “Alternative program” - a non-disciplinary monitoring or prosecutorial
819	819	diversion program approved by a member state's licensing authority.
820	820	(d) “Authorization to practice” - a legal authorization by a remote state
821	821	pursuant to a multistate license permitting the practice of massage therapy in that
822	822	remote state, which shall be subject to the enforcement jurisdiction of the licensing
823	823	authority in that remote state.
824	824	(e) “Background check” - the submission of an applicant's criminal history
825	825	record information, as further defined in 28 CFR 20.3 (d), as amended from the
826	826	federal bureau of investigation and the agency responsible for retaining state
827	827	criminal records in the applicant's home state.
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854	854	SECTION 53 SENATE BILL 805
855	855	(f) “Charter member states” - member states who have enacted legislation to
856	856	adopt this compact where such legislation predates the effective date of this compact
857	857	as defined in sub. (12).
858	858	(g) “Commission” - the government agency whose membership consists of all
859	859	states that have enacted this compact, which is known as the Interstate Massage
860	860	Compact Commission, as defined in sub. (8), and which shall operate as an
861	861	instrumentality of the member states.
862	862	(h) “Continuing competence” - a requirement, as a condition of license renewal,
863	863	to provide evidence of participation in, and completion of, educational or professional
864	864	activities that maintain, improve, or enhance massage therapy fitness to practice.
865	865	(i) “Current significant investigative information” - investigative information
866	866	that a licensing authority, after an inquiry or investigation that complies with a
867	867	member state's due process requirements, has reason to believe is not groundless
868	868	and, if proved true, would indicate a violation of that state's laws regarding the
869	869	practice of massage therapy.
870	870	(j) “Data system” - a repository of information about licensees who hold
871	871	multistate licenses, which may include but is not limited to license status,
872	872	investigative information, and adverse actions.
873	873	(k) “Disqualifying event” - any event which shall disqualify an individual from
874	874	holding a multistate license under this compact, which the commission may by rule
875	875	specify.
876	876	(L) “Encumbrance” - a revocation or suspension of, or any limitation or
877	877	condition on, the full and unrestricted practice of massage therapy by a licensing
878	878	authority.
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904	904	MED:klm&cjs
905	905	SECTION 53
906	906	SENATE BILL 805
907	907	(m) “Executive Committee” - a group of delegates elected or appointed to act
908	908	on behalf of, and within the powers granted to them by, the commission.
909	909	(n) “Home state” - means the member state which is a licensee's primary state
910	910	of residence where the licensee holds an active single-state license.
911	911	(o) “Investigative information” - information, records, or documents received
912	912	or generated by a licensing authority pursuant to an investigation or other inquiry.
913	913	(p) “Licensing authority” - a state's regulatory body responsible for issuing
914	914	massage therapy licenses or otherwise overseeing the practice of massage therapy
915	915	in that state.
916	916	(q) “Licensee” - an individual who currently holds a license from a member
917	917	state to fully practice massage therapy, whose license is not a student, provisional,
918	918	temporary, inactive, or other similar status.
919	919	(r) “Massage therapy”, “massage therapy services”, and the “practice of
920	920	massage therapy” - the care and services provided by a licensee as set forth in the
921	921	member state's statutes and regulations in the state where the services are being
922	922	provided.
923	923	(s) “Member State” - any state that has adopted this compact.
924	924	(t) “Multistate License” - a license that consists of authorizations to practice
925	925	massage therapy in all remote states pursuant to this compact, which shall be
926	926	subject to the enforcement jurisdiction of the licensing authority in a licensee's home
927	927	state.
928	928	(u) “National licensing examination” - a national examination developed by a
929	929	national association of massage therapy regulatory boards, as defined by
930	930	commission rule, that is derived from a practice analysis and is consistent with
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956	956	SECTION 53 SENATE BILL 805
957	957	generally accepted psychometric principles of fairness, validity and reliability, and
958	958	is administered under secure and confidential examination protocols.
959	959	(v) “Remote state” - any member state, other than the licensee's home state.
960	960	(w) “Rule” - any opinion or regulation promulgated by the commission under
961	961	this compact, which shall have the force of law.
962	962	(x) “Single-state license” - a current, valid authorization issued by a member
963	963	state's licensing authority allowing an individual to fully practice massage therapy,
964	964	that is not a restricted, student, provisional, temporary, or inactive practice
965	965	authorization and authorizes practice only within the issuing state.
966	966	(y) “State” - a state, territory, possession of the United States, or the District
967	967	of Columbia.
968	968	(3) ARTICLE 3 - MEMBER STATE REQUIREMENTS. (a) To be eligible to join this
969	969	compact, and to maintain eligibility as a member state, a state must:
970	970	1. License and regulate the practice of massage therapy;
971	971	2. Have a mechanism or entity in place to receive and investigate complaints
972	972	from the public, regulatory or law enforcement agencies, or the commission about
973	973	licensees practicing in that state;
974	974	3. Accept passage of a national licensing examination as a criterion for massage
975	975	therapy licensure in that state;
976	976	4. Require that licensees satisfy educational requirements prior to being
977	977	licensed to provide massage therapy services to the public in that state;
978	978	5. Implement procedures for requiring the background check of applicants for
979	979	a multistate license, and for the reporting of any disqualifying events, including but
980	980	not limited to obtaining and submitting, for each licensee holding a multistate
981	981	license and each applicant for a multistate license, fingerprint or other
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1009	1009	SECTION 53
1010	1010	SENATE BILL 805
1011	1011	biometric-based information to the federal bureau of investigation for background
1012	1012	checks; receiving the results of the federal bureau of investigation record search on
1013	1013	background checks and considering the results of such a background check in
1014	1014	making licensure decisions;
1015	1015	6. Have continuing competence requirements as a condition for license
1016	1016	renewal;
1017	1017	7. Participate in the data system, including through the use of unique
1018	1018	identifying numbers as described herein;
1019	1019	8. Notify the commission and other member states, in compliance with the
1020	1020	terms of the compact and rules of the commission, of any disciplinary action taken
1021	1021	by the state against a licensee practicing under a multistate license in that state, or
1022	1022	of the existence of investigative information or current significant investigative
1023	1023	information regarding a licensee practicing in that state pursuant to a multistate
1024	1024	license;
1025	1025	9. Comply with the rules of the commission;
1026	1026	10. Accept licensees with valid multistate licenses from other member states
1027	1027	as established herein;
1028	1028	(b) Individuals not residing in a member state shall continue to be able to apply
1029	1029	for a member state's single-state license as provided under the laws of each member
1030	1030	state. However, the single-state license granted to those individuals shall not be
1031	1031	recognized as granting a multistate license for massage therapy in any other member
1032	1032	state;
1033	1033	(c) Nothing in this compact shall affect the requirements established by a
1034	1034	member state for the issuance of a single-state license; and
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1060	1060	SECTION 53 SENATE BILL 805
1061	1061	(d) A multistate license issued to a licensee shall be recognized by each remote
1062	1062	state as an authorization to practice massage therapy in each remote state.
1063	1063	(4) ARTICLE 4 - MULTISTATE LICENSE REQUIREMENTS. (a) To qualify for a multistate
1064	1064	license under this compact, and to maintain eligibility for such a license, an applicant
1065	1065	must:
1066	1066	1. Hold an active single-state license to practice massage therapy in the
1067	1067	applicant's home state;
1068	1068	2. Have completed at least six hundred and twenty-five (625) clock hours of
1069	1069	massage therapy education or the substantial equivalent which the commission may
1070	1070	approve by rule.
1071	1071	3. Have passed a national licensing examination or the substantial equivalent
1072	1072	which the commission may approve by rule.
1073	1073	4. Submit to a background check;
1074	1074	5. Have not been convicted or found guilty, or have entered into an agreed
1075	1075	disposition, of a felony offense under applicable state or federal criminal law, within
1076	1076	five (5) years prior to the date of their application, where such a time period shall not
1077	1077	include any time served for the offense, and provided that the applicant has
1078	1078	completed any and all requirements arising as a result of any such offense;
1079	1079	6. Have not been convicted or found guilty, or have entered into an agreed
1080	1080	disposition, of a misdemeanor offense related to the practice of massage therapy
1081	1081	under applicable state or federal criminal law, within two (2) years prior to the date
1082	1082	of their application where such a time period shall not include any time served for
1083	1083	the offense, and provided that the applicant has completed any and all requirements
1084	1084	arising as a result of any such offense;
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1111	1111	SECTION 53
1112	1112	SENATE BILL 805
1113	1113	7. Have not been convicted or found guilty, or have entered into an agreed
1114	1114	disposition, of any offense, whether a misdemeanor or a felony, under State or federal
1115	1115	law, at any time, relating to any of the following:
1116	1116	a. Kidnapping;
1117	1117	b. Human trafficking;
1118	1118	c. Human smuggling;
1119	1119	d. Sexual battery, sexual assault, or any related offenses; or
1120	1120	e. Any other category of offense which the commission may by rule designate.
1121	1121	8. Have not previously held a massage therapy license which was revoked by,
1122	1122	or surrendered in lieu of discipline to an applicable licensing authority;
1123	1123	9. Have no history of any adverse action on any occupational or professional
1124	1124	license within two (2) years prior to the date of their application; and
1125	1125	10. Pay all required fees.
1126	1126	(b) A multistate license granted pursuant to this compact may be effective for
1127	1127	a definite period of time concurrent with the renewal of the home state license.
1128	1128	(c) A licensee practicing in a member state is subject to all scope of practice laws
1129	1129	governing massage therapy services in that state.
1130	1130	(d) The practice of massage therapy under a multistate license granted
1131	1131	pursuant to this compact will subject the licensee to the jurisdiction of the licensing
1132	1132	authority, the courts, and the laws of the member state in which the massage therapy
1133	1133	services are provided.
1134	1134	(5) ARTICLE 5 - AUTHORITY OF INTERSTATE MASSAGE COMPACT COMMISSION AND
1135	1135	MEMBER STATE LICENSING AUTHORITIES. (a) Nothing in this compact, nor any rule of the
1136	1136	commission, shall be construed to limit, restrict, or in any way reduce the ability of
1137	1137	a member state to enact and enforce laws, regulations, or other rules related to the
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1164	1164	SECTION 53 SENATE BILL 805
1165	1165	practice of massage therapy in that state, where those laws, regulations, or other
1166	1166	rules are not inconsistent with the provisions of this compact.
1167	1167	(b) Nothing in this compact, nor any rule of the commission, shall be construed
1168	1168	to limit, restrict, or in any way reduce the ability of a member state to take adverse
1169	1169	action against a licensee's single-state license to practice massage therapy in that
1170	1170	state.
1171	1171	(c) Nothing in this compact, nor any rule of the commission, shall be construed
1172	1172	to limit, restrict, or in any way reduce the ability of a remote state to take adverse
1173	1173	action against a licensee's authorization to practice in that state.
1174	1174	(d) Nothing in this compact, nor any rule of the commission, shall be construed
1175	1175	to limit, restrict, or in any way reduce the ability of a licensee's home state to take
1176	1176	adverse action against a licensee's multistate license based upon information
1177	1177	provided by a remote state.
1178	1178	(e) Insofar as practical, a member state's licensing authority shall cooperate
1179	1179	with the commission and with each entity exercising independent regulatory
1180	1180	authority over the practice of massage therapy according to the provisions of this
1181	1181	compact.
1182	1182	(6) ARTICLE 6 - ADVERSE ACTIONS. (a) A licensee's home state shall have exclusive
1183	1183	power to impose an adverse action against a licensee's multistate license issued by
1184	1184	the home state.
1185	1185	(b) A home state may take adverse action on a multistate license based on the
1186	1186	investigative information, current significant investigative information, or adverse
1187	1187	action of a remote state.
1188	1188	(c) A home state shall retain authority to complete any pending investigations
1189	1189	of a licensee practicing under a multistate license who changes their home state
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1217	1217	SECTION 53
1218	1218	SENATE BILL 805
1219	1219	during the course of such an investigation. The licensing authority shall also be
1220	1220	empowered to report the results of such an investigation to the commission through
1221	1221	the data system as described herein.
1222	1222	(d) Any member state may investigate actual or alleged violations of the scope
1223	1223	of practice laws in any other member state for a massage therapist who holds a
1224	1224	multistate license.
1225	1225	(e) A remote state shall have the authority to:
1226	1226	1. Take adverse actions against a licensee's authorization to practice;
1227	1227	2. Issue cease and desist orders or impose an encumbrance on a licensee's
1228	1228	authorization to practice in that state.
1229	1229	3. Issue subpoenas for both hearings and investigations that require the
1230	1230	attendance and testimony of witnesses, as well as the production of evidence.
1231	1231	Subpoenas issued by a licensing authority in a member state for the attendance and
1232	1232	testimony of witnesses or the production of evidence from another member state
1233	1233	shall be enforced in the latter state by any court of competent jurisdiction, according
1234	1234	to the practice and procedure of that court applicable to subpoenas issued in
1235	1235	proceedings before it. The issuing licensing authority shall pay any witness fees,
1236	1236	travel expenses, mileage, and other fees required by the service statutes of the state
1237	1237	in which the witnesses or evidence are located.
1238	1238	4. If otherwise permitted by state law, recover from the affected licensee the
1239	1239	costs of investigations and disposition of cases resulting from any adverse action
1240	1240	taken against that licensee.
1241	1241	5. Take adverse action against the licensee's authorization to practice in that
1242	1242	state based on the factual findings of another member state.
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1268	1268	SECTION 53 SENATE BILL 805
1269	1269	(f) If an adverse action is taken by the home state against a licensee's multistate
1270	1270	license or single-state license to practice in the home state, the licensee's
1271	1271	authorization to practice in all other member states shall be deactivated until all
1272	1272	encumbrances have been removed from such license. All home state disciplinary
1273	1273	orders that impose an adverse action against a licensee shall include a statement
1274	1274	that the massage therapist's authorization to practice is deactivated in all member
1275	1275	states during the pendency of the order.
1276	1276	(g) If adverse action is taken by a remote state against a licensee's
1277	1277	authorization to practice, that adverse action applies to all authorizations to practice
1278	1278	in all remote states. A licensee whose authorization to practice in a remote state is
1279	1279	removed for a specified period of time is not eligible to apply for a new multistate
1280	1280	license in any other state until the specific time for removal of the authorization to
1281	1281	practice has passed and all encumbrance requirements are satisfied.
1282	1282	(h) Nothing in this compact shall override a member state's authority to accept
1283	1283	a licensee's participation in an alternative program in lieu of adverse action. A
1284	1284	licensee's multistate license shall be suspended for the duration of the licensee's
1285	1285	participation in any alternative program.
1286	1286	(i) Joint investigations. 1. In addition to the authority granted to a member
1287	1287	state by its respective scope of practice laws or other applicable state law, a member
1288	1288	state may participate with other member states in joint investigations of licensees.
1289	1289	2. Member states shall share any investigative, litigation, or compliance
1290	1290	materials in furtherance of any joint or individual investigation initiated under the
1291	1291	compact.
1292	1292	(7) ARTICLE 7 - ACTIVE MILITARY MEMBER AND THEIR SPOUSES. Active military
1293	1293	member, or their spouses, shall designate a home state where the individual has a
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1320	1320	MED:klm&cjs
1321	1321	SECTION 53
1322	1322	SENATE BILL 805
1323	1323	current license to practice massage therapy in good standing. The individual may
1324	1324	retain their home state designation during any period of service when that
1325	1325	individual or their spouse is on active duty assignment.
1326	1326	(8) ARTICLE 8 - ESTABLISHMENT AND OPERATION OF INTERSTATE MASSAGE COMPACT
1327	1327	COMMISSION. (a) The compact member states hereby create and establish a joint
1328	1328	government agency whose membership consists of all member states that have
1329	1329	enacted the compact known as the Interstate Massage Compact Commission. The
1330	1330	commission is an instrumentality of the compact states acting jointly and not an
1331	1331	instrumentality of any one State. The commission shall come into existence on or
1332	1332	after the effective date of the compact as set forth in sub. (12).
1333	1333	(b) Membership, voting, and meetings. 1. Each member state shall have and
1334	1334	be limited to one (1) delegate selected by that member state's state licensing
1335	1335	authority.
1336	1336	2. The delegate shall be the primary administrative officer of the state licensing
1337	1337	authority or their designee.
1338	1338	3. The commission shall by rule or bylaw establish a term of office for delegates
1339	1339	and may by rule or bylaw establish term limits.
1340	1340	4. The commission may recommend removal or suspension of any delegate from
1341	1341	office.
1342	1342	5. A member state's State licensing authority shall fill any vacancy of its
1343	1343	delegate occurring on the commission within 60 days of the vacancy.
1344	1344	6. Each delegate shall be entitled to one vote on all matters that are voted on
1345	1345	by the commission.
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1369	1369	MED:klm&cjs
1370	1370	SECTION 53 SENATE BILL 805
1371	1371	7. The commission shall meet at least once during each calendar year.
1372	1372	Additional meetings may be held as set forth in the bylaws. The commission may
1373	1373	meet by telecommunication, video conference or other similar electronic means.
1374	1374	(c) The commission shall have the following powers:
1375	1375	1. Establish the fiscal year of the commission;
1376	1376	2. Establish code of conduct and conflict of interest policies;
1377	1377	3. Adopt rules and bylaws;
1378	1378	4. Maintain its financial records in accordance with the bylaws;
1379	1379	5. Meet and take such actions as are consistent with the provisions of this
1380	1380	compact, the commission's rules, and the bylaws;
1381	1381	6. Initiate and conclude legal proceedings or actions in the name of the
1382	1382	commission, provided that the standing of any state licensing authority to sue or be
1383	1383	sued under applicable law shall not be affected;
1384	1384	7. Maintain and certify records and information provided to a member state as
1385	1385	the authenticated business records of the commission, and designate an agent to do
1386	1386	so on the commission's behalf;
1387	1387	8. Purchase and maintain insurance and bonds;
1388	1388	9. Borrow, accept, or contract for services of personnel, including, but not
1389	1389	limited to, employees of a member state;
1390	1390	10. Conduct an annual financial review;
1391	1391	11. Hire employees, elect or appoint officers, fix compensation, define duties,
1392	1392	grant such individuals appropriate authority to carry out the purposes of the
1393	1393	compact, and establish the commission's personnel policies and programs relating
1394	1394	to conflicts of interest, qualifications of personnel, and other related personnel
1395	1395	matters;
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1423	1423	SECTION 53
1424	1424	SENATE BILL 805
1425	1425	12. Assess and collect fees;
1426	1426	13. Accept any and all appropriate gifts, donations, grants of money, other
1427	1427	sources of revenue, equipment, supplies, materials, and services, and receive, utilize,
1428	1428	and dispose of the same; provided that at all times the commission shall avoid any
1429	1429	appearance of impropriety or conflict of interest;
1430	1430	14. Lease, purchase, retain, own, hold, improve, or use any property, real,
1431	1431	personal, or mixed, or any undivided interest therein;
1432	1432	15. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise
1433	1433	dispose of any property real, personal, or mixed;
1434	1434	16. Establish a budget and make expenditures;
1435	1435	17. Borrow money;
1436	1436	18. Appoint committees, including standing committees, composed of
1437	1437	members, state regulators, state legislators or their representatives, and consumer
1438	1438	representatives, and such other interested persons as may be designated in this
1439	1439	compact and the bylaws;
1440	1440	19. Accept and transmit complaints from the public, regulatory or law
1441	1441	enforcement agencies, or the commission, to the relevant member state(s) regarding
1442	1442	potential misconduct of licensees;
1443	1443	20. Elect a chair, vice chair, secretary and treasurer and such other officers of
1444	1444	the commission as provided in the commission's bylaws;
1445	1445	21. Establish and elect an executive committee, including a chair and a vice
1446	1446	chair;
1447	1447	22. Adopt and provide to the member states an annual report.
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1471	1471	MED:klm&cjs
1472	1472	SECTION 53 SENATE BILL 805
1473	1473	23. Determine whether a state's adopted language is materially different from
1474	1474	the model compact language such that the state would not qualify for participation
1475	1475	in the compact; and
1476	1476	24. Perform such other functions as may be necessary or appropriate to achieve
1477	1477	the purposes of this compact.
1478	1478	(d) The executive committee. 1. The executive committee shall have the power
1479	1479	to act on behalf of the commission according to the terms of this compact. The powers,
1480	1480	duties, and responsibilities of the executive committee shall include:
1481	1481	a. Overseeing the day-to-day activities of the administration of the compact
1482	1482	including compliance with the provisions of the compact, the commission's rules and
1483	1483	bylaws, and other such duties as deemed necessary;
1484	1484	b. Recommending to the commission changes to the rules or bylaws, changes
1485	1485	to this compact legislation, fees charged to compact member states, fees charged to
1486	1486	licensees, and other fees;
1487	1487	c. Ensuring compact administration services are appropriately provided,
1488	1488	including by contract;
1489	1489	d. Preparing and recommending the budget;
1490	1490	e. Maintaining financial records on behalf of the commission;
1491	1491	f. Monitoring compact compliance of member states and providing compliance
1492	1492	reports to the commission;
1493	1493	g. Establishing additional committees as necessary;
1494	1494	h. Exercise the powers and duties of the commission during the interim
1495	1495	between commission meetings, except for adopting or amending rules, adopting or
1496	1496	amending bylaws, and exercising any other powers and duties expressly reserved to
1497	1497	the commission by rule or bylaw; and
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1525	1525	SECTION 53
1526	1526	SENATE BILL 805
1527	1527	i. Other duties as provided in the Rules or bylaws of the Commission.
1528	1528	2. The executive committee shall be composed of seven voting members and up
1529	1529	to two ex-officio members as follows:
1530	1530	a. The chair and vice chair of the commission and any other members of the
1531	1531	commission who serve on the executive committee shall be voting members of the
1532	1532	executive committee; and
1533	1533	b. Other than the chair, vice-chair, secretary and treasurer, the commission
1534	1534	shall elect three voting members from the current membership of the commission.
1535	1535	c. The commission may elect ex-officio, nonvoting members as necessary as
1536	1536	follows: one ex-officio member who is a representative of the national association of
1537	1537	state massage therapy regulatory boards and one ex-officio member as specified in
1538	1538	the Commission's bylaws.
1539	1539	3. The commission may remove any member of the executive committee as
1540	1540	provided in the commission's bylaws.
1541	1541	4. The Executive Committee shall meet at least annually.
1542	1542	a. Executive committee meetings shall be open to the public, except that the
1543	1543	executive committee may meet in a closed, non-public session of a public meeting
1544	1544	when dealing with any of the matters covered under par. (f) 4.
1545	1545	b. The executive committee shall give five business days advance notice of its
1546	1546	public meetings, posted on its website and as determined to provide notice to persons
1547	1547	with an interest in the public matters the executive committee intends to address at
1548	1548	those meetings.
1549	1549	5. The executive committee may hold an emergency meeting when acting for
1550	1550	the commission to:
1551	1551	a. Meet an imminent threat to public health, safety, or welfare;
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1578	1578	SECTION 53 SENATE BILL 805
1579	1579	b. Prevent a loss of commission or participating state funds; or
1580	1580	c. Protect public health and safety.
1581	1581	(e) The commission shall adopt and provide to the member states an annual
1582	1582	report.
1583	1583	(f) Meetings of the Commission. 1. All meetings of the commission that are not
1584	1584	closed pursuant to this subsection shall be open to the public. Notice of public
1585	1585	meetings shall be posted on the commission's website at least thirty (30) days prior
1586	1586	to the public meeting.
1587	1587	2. Notwithstanding subd. 1., the commission may convene an emergency public
1588	1588	meeting by providing at least twenty-four (24) hours prior notice on the commission's
1589	1589	website, and any other means as provided in the commission's rules, for any of the
1590	1590	reasons it may dispense with notice of proposed rulemaking under sub. (10) (L). The
1591	1591	commission's legal counsel shall certify the that one of the reasons justifying an
1592	1592	emergency public meeting has been met.
1593	1593	3. Notice of all commission meetings shall provide the time, date, and location
1594	1594	of the meeting, and if the meeting is to be held or accessible via telecommunication,
1595	1595	video conference, or other electronic means, the notice shall include the mechanism
1596	1596	for access to the meeting.
1597	1597	4. The commission may convene in a closed, non-public meeting for the
1598	1598	commission to discuss:
1599	1599	a. Non-compliance of a member state with its obligations under the compact;
1600	1600	b. The employment, compensation, discipline or other matters, practices or
1601	1601	procedures related to specific employees or other matters related to the commission's
1602	1602	internal personnel practices and procedures;
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1629	1629	SECTION 53
1630	1630	SENATE BILL 805
1631	1631	c. Current or threatened discipline of a licensee by the commission or by a
1632	1632	member state's licensing authority;
1633	1633	d. Current, threatened, or reasonably anticipated litigation;
1634	1634	e. Negotiation of contracts for the purchase, lease, or sale of goods, services, or
1635	1635	real estate;
1636	1636	f. Accusing any person of a crime or formally censuring any person;
1637	1637	g. Trade secrets or commercial or financial information that is privileged or
1638	1638	confidential;
1639	1639	h. Information of a personal nature where disclosure would constitute a clearly
1640	1640	unwarranted invasion of personal privacy;
1641	1641	i. Investigative records compiled for law enforcement purposes;
1642	1642	j. Information related to any investigative reports prepared by or on behalf of
1643	1643	or for use of the commission or other committee charged with responsibility of
1644	1644	investigation or determination of compliance issues pursuant to the compact;
1645	1645	k. Legal advice;
1646	1646	L. Matters specifically exempted from disclosure to the public by federal or
1647	1647	member state law; or
1648	1648	m. Other matters as promulgated by the commission by rule.
1649	1649	5. If a meeting, or portion of a meeting, is closed, the presiding officer shall state
1650	1650	that the meeting will be closed and reference each relevant exempting provision, and
1651	1651	such reference shall be recorded in the minutes.
1652	1652	6. The commission shall keep minutes that fully and clearly describe all
1653	1653	matters discussed in a meeting and shall provide a full and accurate summary of
1654	1654	actions taken, and the reasons therefore, including a description of the views
1655	1655	expressed. All documents considered in connection with an action shall be identified
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1682	1682	SECTION 53 SENATE BILL 805
1683	1683	in such minutes. All minutes and documents of a closed meeting shall remain under
1684	1684	seal, subject to release only by a majority vote of the commission or order of a court
1685	1685	of competent jurisdiction.
1686	1686	(g) Financing of the commission. 1. The commission shall pay, or provide for
1687	1687	the payment of, the reasonable expenses of its establishment, organization, and
1688	1688	ongoing activities.
1689	1689	2. The commission may accept any and all appropriate sources of revenue,
1690	1690	donations, and grants of money, equipment, supplies, materials, and services.
1691	1691	3. The commission may levy on and collect an annual assessment from each
1692	1692	member state and impose fees on licensees of member states to whom it grants a
1693	1693	multistate license to cover the cost of the operations and activities of the commission
1694	1694	and its staff, which must be in a total amount sufficient to cover its annual budget
1695	1695	as approved each year for which revenue is not provided by other sources. The
1696	1696	aggregate annual assessment amount for member states shall be allocated based
1697	1697	upon a formula that the commission shall promulgate by rule.
1698	1698	4. The commission shall not incur obligations of any kind prior to securing the
1699	1699	funds adequate to meet the same; nor shall the commission pledge the credit of any
1700	1700	member states, except by and with the authority of the member state.
1701	1701	5. The commission shall keep accurate accounts of all receipts and
1702	1702	disbursements. The receipts and disbursements of the commission shall be subject
1703	1703	to the financial review and accounting procedures established under its bylaws. All
1704	1704	receipts and disbursements of funds handled by the commission shall be subject to
1705	1705	an annual financial review by a certified or licensed public accountant, and the
1706	1706	report of the financial review shall be included in and become part of the annual
1707	1707	report of the Commission.
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1735	1735	SECTION 53
1736	1736	SENATE BILL 805
1737	1737	(h) Qualified immunity, defense, and indemnification. 1. The members,
1738	1738	officers, executive director, employees and representatives of the commission shall
1739	1739	be immune from suit and liability, both personally and in their official capacity, for
1740	1740	any claim for damage to or loss of property or personal injury or other civil liability
1741	1741	caused by or arising out of any actual or alleged act, error, or omission that occurred,
1742	1742	or that the person against whom the claim is made had a reasonable basis for
1743	1743	believing occurred within the scope of commission employment, duties or
1744	1744	responsibilities; provided that nothing in this subdivision shall be construed to
1745	1745	protect any such person from suit or liability for any damage, loss, injury, or liability
1746	1746	caused by the intentional or willful or wanton misconduct of that person. The
1747	1747	procurement of insurance of any type by the commission shall not in any way
1748	1748	compromise or limit the immunity granted hereunder.
1749	1749	2. The commission shall defend any member, officer, executive director,
1750	1750	employee, and representative of the commission in any civil action seeking to impose
1751	1751	liability arising out of any actual or alleged act, error, or omission that occurred
1752	1752	within the scope of commission employment, duties, or responsibilities, or as
1753	1753	determined by the commission that the person against whom the claim is made had
1754	1754	a reasonable basis for believing occurred within the scope of commission
1755	1755	employment, duties, or responsibilities; provided that nothing herein shall be
1756	1756	construed to prohibit that person from retaining their own counsel at their own
1757	1757	expense; and provided further, that the actual or alleged act, error, or omission did
1758	1758	not result from that person's intentional or willful or wanton misconduct.
1759	1759	3. The commission shall indemnify and hold harmless any member, officer,
1760	1760	executive director, employee, and representative of the commission for the amount
1761	1761	of any settlement or judgment obtained against that person arising out of any actual
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1788	1788	SECTION 53 SENATE BILL 805
1789	1789	or alleged act, error, or omission that occurred within the scope of commission
1790	1790	employment, duties, or responsibilities, or that such person had a reasonable basis
1791	1791	for believing occurred within the scope of commission employment, duties, or
1792	1792	responsibilities, provided that the actual or alleged act, error, or omission did not
1793	1793	result from the intentional or willful or wanton misconduct of that person.
1794	1794	4. Nothing herein shall be construed as a limitation on the liability of any
1795	1795	licensee for professional malpractice or misconduct, which shall be governed solely
1796	1796	by any other applicable state laws.
1797	1797	5. Nothing in this compact shall be interpreted to waive or otherwise abrogate
1798	1798	a member state's state action immunity or state action affirmative defense with
1799	1799	respect to antitrust claims under the Sherman Act, Clayton Act, or any other state
1800	1800	or federal antitrust or anticompetitive law or regulation.
1801	1801	6. Nothing in this compact shall be construed to be a waiver of sovereign
1802	1802	immunity by the member states or by the commission.
1803	1803	(9) ARTICLE 9 - DATA SYSTEM. (a) The commission shall provide for the
1804	1804	development, maintenance, operation, and utilization of a coordinated database and
1805	1805	reporting system.
1806	1806	(b) The commission shall assign each applicant for a multistate license a
1807	1807	unique identifier, as determined by the rules of the commission.
1808	1808	(c) Notwithstanding any other provision of state law to the contrary, a member
1809	1809	state shall submit a uniform data set to the data system on all individuals to whom
1810	1810	this compact is applicable as required by the rules of the commission, including:
1811	1811	1. Identifying information;
1812	1812	2. Licensure data;
1813	1813	3. Adverse actions against a license and information related thereto;
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1841	1841	SECTION 53
1842	1842	SENATE BILL 805
1843	1843	4. Non-confidential information related to alternative program participation,
1844	1844	the beginning and ending dates of such participation, and other information related
1845	1845	to such participation;
1846	1846	5. Any denial of application for licensure, and the reason(s) for such denial
1847	1847	(excluding the reporting of any criminal history record information where prohibited
1848	1848	by law);
1849	1849	6. The existence of investigative information;
1850	1850	7. The existence presence of current significant investigative information; and
1851	1851	8. Other information that may facilitate the administration of this compact or
1852	1852	the protection of the public, as determined by the rules of the commission.
1853	1853	(d) The records and information provided to a member state pursuant to this
1854	1854	compact or through the data system, when certified by the commission or an agent
1855	1855	thereof, shall constitute the authenticated business records of the commission, and
1856	1856	shall be entitled to any associated hearsay exception in any relevant judicial,
1857	1857	quasi-judicial or administrative proceedings in a member state.
1858	1858	(e) The existence of current significant investigative information and the
1859	1859	existence of investigative information pertaining to a licensee in any member state
1860	1860	will only be available to other member states.
1861	1861	(f) It is the responsibility of the member states to report any adverse action
1862	1862	against a licensee who holds a multistate license and to monitor the database to
1863	1863	determine whether adverse action has been taken against such a licensee or license
1864	1864	applicant. Adverse action information pertaining to a licensee or license applicant
1865	1865	in any member state will be available to any other member state.
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1890	1890	SECTION 53 SENATE BILL 805
1891	1891	(g) Member states contributing information to the data system may designate
1892	1892	information that may not be shared with the public without the express permission
1893	1893	of the contributing state.
1894	1894	(h) Any information submitted to the data system that is subsequently
1895	1895	expunged pursuant to federal law or the laws of the member state contributing the
1896	1896	information shall be removed from the data system.
1897	1897	(10) ARTICLE 10 - RULEMAKING. (a) The commission shall promulgate
1898	1898	reasonable rules in order to effectively and efficiently implement and administer the
1899	1899	purposes and provisions of the compact. A rule shall be invalid and have no force or
1900	1900	effect only if a court of competent jurisdiction holds that the rule is invalid because
1901	1901	the commission exercised its rulemaking authority in a manner that is beyond the
1902	1902	scope and purposes of the compact, or the powers granted hereunder, or based upon
1903	1903	another applicable standard of review.
1904	1904	(b) The rules of the commission shall have the force of law in each member state,
1905	1905	provided however that where the rules of the commission conflict with the laws of the
1906	1906	member state that establish the member state's scope of practice as held by a court
1907	1907	of competent jurisdiction, the rules of the commission shall be ineffective in that
1908	1908	state to the extent of the conflict.
1909	1909	(c) The commission shall exercise its rulemaking powers pursuant to the
1910	1910	criteria set forth in this subsection and the rules adopted thereunder. Rules shall
1911	1911	become binding as of the date specified by the commission for each rule.
1912	1912	(d) If a majority of the legislatures of the member states rejects a rule or portion
1913	1913	of a rule, by enactment of a statute or resolution in the same manner used to adopt
1914	1914	the compact within four (4) years of the date of adoption of the rule, then such rule
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1941	1941	SECTION 53
1942	1942	SENATE BILL 805
1943	1943	shall have no further force and effect in any member state or to any state applying
1944	1944	to participate in the compact.
1945	1945	(e) Rules shall be adopted at a regular or special meeting of the commission.
1946	1946	(f) Prior to adoption of a proposed rule, the commission shall hold a public
1947	1947	hearing and allow persons to provide oral and written comments, data, facts,
1948	1948	opinions, and arguments.
1949	1949	(g) Prior to adoption of a proposed rule by the commission, and at least thirty
1950	1950	(30) days in advance of the meeting at which the commission will hold a public
1951	1951	hearing on the proposed rule, the commission shall provide a notice of proposed
1952	1952	rulemaking:
1953	1953	1. On the website of the commission or other publicly accessible platform;
1954	1954	2. To persons who have requested notice of the commission's notices of proposed
1955	1955	rulemaking, and
1956	1956	3. In such other way(s) as the commission may by rule specify.
1957	1957	(h) The notice of proposed rulemaking shall include:
1958	1958	1. The time, date, and location of the public hearing at which the commission
1959	1959	will hear public comments on the proposed rule and, if different, the time, date, and
1960	1960	location of the meeting where the commission will consider and vote on the proposed
1961	1961	rule;
1962	1962	2. If the hearing is held via telecommunication, video conference, or other
1963	1963	electronic means, the commission shall include the mechanism for access to the
1964	1964	hearing in the notice of proposed rulemaking;
1965	1965	3. The text of the proposed rule and the reason therefor;
1966	1966	4. A request for comments on the proposed rule from any interested person; and
1967	1967	5. The manner in which interested persons may submit written comments.
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1994	1994	SECTION 53 SENATE BILL 805
1995	1995	(i) All hearings will be recorded. A copy of the recording and all written
1996	1996	comments and documents received by the commission in response to the proposed
1997	1997	rule shall be available to the public.
1998	1998	(j) Nothing in this subsection shall be construed as requiring a separate
1999	1999	hearing on each rule. Rules may be grouped for the convenience of the commission
2000	2000	at hearings required by this subsection.
2001	2001	(k) The commission shall, by majority vote of all commissioners, take final
2002	2002	action on the proposed rule based on the rulemaking record.
2003	2003	1. The commission may adopt changes to the proposed rule provided the
2004	2004	changes do not enlarge the original purpose of the proposed rule.
2005	2005	2. The commission shall provide an explanation of the reasons for substantive
2006	2006	changes made to the proposed rule as well as reasons for substantive changes not
2007	2007	made that were recommended by commenters.
2008	2008	3. The commission shall determine a reasonable effective date for the rule.
2009	2009	Except for an emergency as provided in par. (L), the effective date of the rule shall
2010	2010	be no sooner than thirty (30) days after the commission issuing the notice that it
2011	2011	adopted or amended the rule.
2012	2012	(L) Upon determination that an emergency exists, the commission may
2013	2013	consider and adopt an emergency rule with 24 hours notice, provided that the usual
2014	2014	rulemaking procedures provided in the compact and in this subsection shall be
2015	2015	retroactively applied to the rule as soon as reasonably possible, in no event later than
2016	2016	ninety (90) days after the effective date of the rule. For the purposes of this provision,
2017	2017	an emergency rule is one that must be adopted immediately to:
2018	2018	1. Meet an imminent threat to public health, safety, or welfare;
2019	2019	2. Prevent a loss of commission or member state funds;
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2047	2047	SECTION 53
2048	2048	SENATE BILL 805
2049	2049	3. Meet a deadline for the promulgation of a rule that is established by federal
2050	2050	law or rule; or
2051	2051	4. Protect public health and safety.
2052	2052	(m) The commission or an authorized committee of the commission may direct
2053	2053	revisions to a previously adopted rule for purposes of correcting typographical errors,
2054	2054	errors in format, errors in consistency, or grammatical errors. Public notice of any
2055	2055	revisions shall be posted on the website of the commission. The revision shall be
2056	2056	subject to challenge by any person for a period of thirty (30) days after posting. The
2057	2057	revision may be challenged only on grounds that the revision results in a material
2058	2058	change to a rule. A challenge shall be made in writing and delivered to the
2059	2059	commission prior to the end of the notice period. If no challenge is made, the revision
2060	2060	will take effect without further action. If the revision is challenged, the revision may
2061	2061	not take effect without the approval of the commission.
2062	2062	(n) No member state's rulemaking requirements shall apply under this
2063	2063	compact.
2064	2064	(11) ARTICLE 11 - OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT. (a)
2065	2065	Oversight. 1. The executive and judicial branches of state government in each
2066	2066	member state shall enforce this compact and take all actions necessary and
2067	2067	appropriate to implement the compact.
2068	2068	2. Venue is proper and judicial proceedings by or against the commission shall
2069	2069	be brought solely and exclusively in a court of competent jurisdiction where the
2070	2070	principal office of the commission is located. The commission may waive venue and
2071	2071	jurisdictional defenses to the extent it adopts or consents to participate in alternative
2072	2072	dispute resolution proceedings. Nothing herein shall affect or limit the selection or
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2098	2098	SECTION 53 SENATE BILL 805
2099	2099	propriety of venue in any action against a licensee for professional malpractice,
2100	2100	misconduct or any such similar matter.
2101	2101	3. The commission shall be entitled to receive service of process in any
2102	2102	proceeding regarding the enforcement or interpretation of the compact and shall
2103	2103	have standing to intervene in such a proceeding for all purposes. Failure to provide
2104	2104	the commission service of process shall render a judgment or order void as to the
2105	2105	commission, this compact, or promulgated rules.
2106	2106	(b) Default, technical assistance, and termination. 1. If the commission
2107	2107	determines that a member state has defaulted in the performance of its obligations
2108	2108	or responsibilities under this compact or the promulgated rules, the commission
2109	2109	shall provide written notice to the defaulting state. The notice of default shall
2110	2110	describe the default, the proposed means of curing the default, and any other action
2111	2111	that the commission may take, and shall offer training and specific technical
2112	2112	assistance regarding the default.
2113	2113	2. The commission shall provide a copy of the notice of default to the other
2114	2114	member states.
2115	2115	(c) If a state in default fails to cure the default, the defaulting state may be
2116	2116	terminated from the compact upon an affirmative vote of a majority of the delegates
2117	2117	of the member states, and all rights, privileges and benefits conferred on that state
2118	2118	by this compact may be terminated on the effective date of termination. A cure of the
2119	2119	default does not relieve the offending state of obligations or liabilities incurred
2120	2120	during the period of default.
2121	2121	(d) Termination of membership in the compact shall be imposed only after all
2122	2122	other means of securing compliance have been exhausted. Notice of intent to
2123	2123	suspend or terminate shall be given by the commission to the governor, the majority
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2151	2151	SECTION 53
2152	2152	SENATE BILL 805
2153	2153	and minority leaders of the defaulting state's legislature, the defaulting state's state
2154	2154	licensing authority and each of the member states' state licensing authority.
2155	2155	(e) A state that has been terminated is responsible for all assessments,
2156	2156	obligations, and liabilities incurred through the effective date of termination,
2157	2157	including obligations that extend beyond the effective date of termination.
2158	2158	(f) Upon the termination of a state's membership from this compact, that state
2159	2159	shall immediately provide notice to all licensees who hold a multistate license within
2160	2160	that state of such termination. The terminated state shall continue to recognize all
2161	2161	licenses granted pursuant to this compact for a minimum of one hundred eighty (180)
2162	2162	days after the date of said notice of termination.
2163	2163	(g) The commission shall not bear any costs related to a state that is found to
2164	2164	be in default or that has been terminated from the compact, unless agreed upon in
2165	2165	writing between the commission and the defaulting state.
2166	2166	(h) The defaulting state may appeal the action of the commission by petitioning
2167	2167	the U.S. district court for the District of Columbia or the federal district where the
2168	2168	commission has its principal offices. The prevailing party shall be awarded all costs
2169	2169	of such litigation, including reasonable attorney's fees.
2170	2170	(i) Dispute resolution. 1. Upon request by a member state, the commission
2171	2171	shall attempt to resolve disputes related to the compact that arise among member
2172	2172	states and between member and non-member states.
2173	2173	2. The commission shall promulgate a rule providing for both mediation and
2174	2174	binding dispute resolution for disputes as appropriate.
2175	2175	(j) Enforcement. 1. The commission, in the reasonable exercise of its discretion,
2176	2176	shall enforce the provisions of this compact and the commission's rules.
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2202	2202	SECTION 53 SENATE BILL 805
2203	2203	2. By majority vote as provided by commission rule, the commission may
2204	2204	initiate legal action against a member state in default in the United States district
2205	2205	court for the District of Columbia or the federal district where the commission has
2206	2206	its principal offices to enforce compliance with the provisions of the compact and its
2207	2207	promulgated rules. The relief sought may include both injunctive relief and
2208	2208	damages. In the event judicial enforcement is necessary, the prevailing party shall
2209	2209	be awarded all costs of such litigation, including reasonable attorney's fees. The
2210	2210	remedies herein shall not be the exclusive remedies of the commission. The
2211	2211	commission may pursue any other remedies available under federal or the defaulting
2212	2212	member state's law.
2213	2213	3. A member state may initiate legal action against the commission in the U.S.
2214	2214	district court for the District of Columbia or the federal district where the
2215	2215	commission has its principal offices to enforce compliance with the provisions of the
2216	2216	compact and its promulgated rules. The relief sought may include both injunctive
2217	2217	relief and damages. In the event judicial enforcement is necessary, the prevailing
2218	2218	party shall be awarded all costs of such litigation, including reasonable attorney's
2219	2219	fees.
2220	2220	4. No individual or entity other than a member state may enforce this compact
2221	2221	against the commission.
2222	2222	(12) ARTICLE 12 - EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT. (a) The compact
2223	2223	shall come into effect on the date on which the compact statute is enacted into law
2224	2224	in the seventh member state.
2225	2225	1. On or after the effective date of the compact, the commission shall convene
2226	2226	and review the enactment of each of the charter member states to determine if the
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2253	2253	SECTION 53
2254	2254	SENATE BILL 805
2255	2255	statute enacted by each such charter member state is materially different than the
2256	2256	model compact statute.
2257	2257	a. A charter member state whose enactment is found to be materially different
2258	2258	from the model compact statute shall be entitled to the default process set forth in
2259	2259	sub. (11).
2260	2260	b. If any member state is later found to be in default, or is terminated or
2261	2261	withdraws from the compact, the commission shall remain in existence and the
2262	2262	compact shall remain in effect even if the number of member states should be less
2263	2263	than seven (7).
2264	2264	2. Member states enacting the compact subsequent to the charter member
2265	2265	states shall be subject to the process set forth in sub. (8) (c) 23. to determine if their
2266	2266	enactments are materially different from the model compact statute and whether
2267	2267	they qualify for participation in the compact.
2268	2268	3. All actions taken for the benefit of the commission or in furtherance of the
2269	2269	purposes of the administration of the compact prior to the effective date of the
2270	2270	compact or the commission coming into existence shall be considered to be actions
2271	2271	of the commission unless specifically repudiated by the commission.
2272	2272	4. Any state that joins the compact shall be subject to the commission's rules
2273	2273	and bylaws as they exist on the date on which the compact becomes law in that State.
2274	2274	Any rule that has been previously adopted by the commission shall have the full force
2275	2275	and effect of law on the day the compact becomes law in that state.
2276	2276	(b) Any member state may withdraw from this compact by enacting a statute
2277	2277	repealing that state's enactment of the compact.
2278	2278	1. A member state's withdrawal shall not take effect until one hundred eighty
2279	2279	(180) days after enactment of the repealing statute.
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2306	2306	SECTION 53 SENATE BILL 805
2307	2307	2. Withdrawal shall not affect the continuing requirement of the withdrawing
2308	2308	state's licensing authority to comply with the investigative and adverse action
2309	2309	reporting requirements of this compact prior to the effective date of withdrawal.
2310	2310	3. Upon the enactment of a statute withdrawing from this compact, a state
2311	2311	shall immediately provide notice of such withdrawal to all licensees within that
2312	2312	state. Notwithstanding any subsequent statutory enactment to the contrary, such
2313	2313	withdrawing state shall continue to recognize all licenses granted pursuant to this
2314	2314	compact for a minimum of 180 days after the date of such notice of withdrawal.
2315	2315	(c) Nothing contained in this compact shall be construed to invalidate or
2316	2316	prevent any licensure agreement or other cooperative arrangement between a
2317	2317	member state and a non-member state that does not conflict with the provisions of
2318	2318	this compact.
2319	2319	(d) This compact may be amended by the member states. No amendment to this
2320	2320	compact shall become effective and binding upon any member state until it is enacted
2321	2321	into the laws of all member states.
2322	2322	(13) ARTICLE 13 - CONSTRUCTION AND SEVERABILITY. (a) This compact and the
2323	2323	commission's rulemaking authority shall be liberally construed so as to effectuate
2324	2324	the purposes, and the implementation and administration of the compact.
2325	2325	Provisions of the compact expressly authorizing or requiring the promulgation of
2326	2326	rules shall not be construed to limit the commission's rulemaking authority solely for
2327	2327	those purposes.
2328	2328	(b) The provisions of this compact shall be severable and if any phrase, clause,
2329	2329	sentence or provision of this compact is held by a court of competent jurisdiction to
2330	2330	be contrary to the constitution of any member state, a state seeking participation in
2331	2331	the compact, or of the United States, or the applicability thereof to any government,
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2359	2359	SECTION 53
2360	2360	SENATE BILL 805
2361	2361	agency, person or circumstance is held to be unconstitutional by a court of competent
2362	2362	jurisdiction, the validity of the remainder of this compact and the applicability
2363	2363	thereof to any other government, agency, person or circumstance shall not be affected
2364	2364	thereby.
2365	2365	(c) Notwithstanding par. (b), the commission may deny a state's participation
2366	2366	in the compact or, in accordance with the requirements of sub. (11) (b), terminate a
2367	2367	member state's participation in the compact, if it determines that a constitutional
2368	2368	requirement of a member state is a material departure from the compact. Otherwise,
2369	2369	if this compact shall be held to be contrary to the constitution of any member state,
2370	2370	the compact shall remain in full force and effect as to the remaining member states
2371	2371	and in full force and effect as to the member state affected as to all severable matters.
2372	2372	(14) ARTICLE 14 - CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS.
2373	2373	Nothing herein shall prevent or inhibit the enforcement of any other law of a member
2374	2374	state that is not inconsistent with the compact. Any laws, statutes, regulations, or
2375	2375	other legal requirements in a member state in conflict with the compact are
2376	2376	superseded to the extent of the conflict. All permissible agreements between the
2377	2377	commission and the member states are binding in accordance with their terms.
2378	2378	460.51 Implementation of the interstate massage compact. (1) In this
2379	2379	section, “authorization to practice” has the meaning given in s. 460.01 (2).
2380	2380	(2) (a) An individual who is exercising an authorization to practice shall comply
2381	2381	with s. 440.03 (13) (am).
2382	2382	(b) Subject to s. 460.50 and any rules promulgated thereunder, ss. 440.20 to
2383	2383	440.22 and the rules promulgated under s. 440.03 (1) shall apply to an individual who
2384	2384	is exercising an authorization to practice in this state in the same manner that they
2385	2385	apply to holders of licenses issued under s. 460.05 (1m) and (2m).
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2412	2412	SECTION 54 SENATE BILL 805
2413	2413	SECTION 54. 895.48 (1m) (a) (intro.) of the statutes is amended to read:
2414	2414	895.48 (1m) (a) (intro.) Except as provided in par. (b), any physician,
2415	2415	naturopathic doctor, physician assistant, podiatrist, or athletic trainer licensed
2416	2416	under ch. 448, chiropractor licensed under ch. 446, dentist licensed under ch. 447,
2417	2417	emergency medical services practitioner licensed under s. 256.15, emergency
2418	2418	medical responder certified under s. 256.15 (8), registered nurse licensed under ch.
2419	2419	441, or a massage therapist or bodywork therapist who is licensed under ch. 460 or
2420	2420	who is exercising an authorization to practice, as defined in s. 460.01 (2), in this state
2421	2421	who renders voluntary health care to a participant in an athletic event or contest
2422	2422	sponsored by a nonprofit corporation, as defined in s. 66.0129 (6) (b), a private school,
2423	2423	as defined in s. 115.001 (3r), a tribal school, as defined in s. 115.001 (15m), a public
2424	2424	agency, as defined in s. 46.856 (1) (b), or a school, as defined in s. 609.655 (1) (c), is
2425	2425	immune from civil liability for his or her acts or omissions in rendering that care if
2426	2426	all of the following conditions exist:
2427	2427	(END)
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