SB 133 — Relating to: violations of the law relating to the practice of massage therapy or bodywork therapy and providing a penalty. (FE)

- 2020 LEGISLATURE LRBa0126/1LRB-2430/1 MED&MES:amnMES&MED:wlj SENATE AMENDMENT 1, TO SENATE BILL 133 AprilMarch 4,20, 2019 - OfferedIntroduced by SenatOOYENGA.Senators K OOYENGA , FITZGERALD, ACQUE , CRAIG, OLSEN and N ASS , cosponsored by Representatives S ANFELIPPO, H UTTON , VINING, BALLWEG , BORN , DUCHOW , GUNDRUM , AGLER , KERKMAN , KITCHENS , KNODL , KUGLITSCH, KULP, K URTZ, MURPHY , MURSAU , NOVAK, OTT, PETERSEN , RODRIGUEZ , OHRKASTE , SPIROS, TUCK , UBECK , THIESFELDT, ITTL, VORPAGEL and W ICHGERS .

AtReferred theto locationsCommittee indicated,on amendPublic theBenefits, billLicensing asand follows:State-Federal Relations.

A N A CT to renumber 460.17;

to amend 460.15;

and to create 460.14 (4) and 460.17 (2) of the statutes;

relating to:

violations of the law relating to the practice of massage therapy or bodywork therapy and providing a penalty.

Analysis by the Legislative Reference Bureau Under current law, subject to certain exceptions, no person may provide massage therapy or bodywork therapy, designate himself or herself as a massage therapist or bodywork therapist or masseur or masseuse, or use or assume any title or designation that represents the person as a massage therapist or bodywork therapist unless the person is licensed as a massage therapist or bodywork therapist by the Massage Therapy and Bodywork Therapy Affiliated Credentialing Board.

This bill does all of the following with respect to the practice of massage therapy or bodywork therapy:

PageSpecifically 2,authorizes linea 6:city, village, or town (municipality) to enact and enforce an ordinance prohibiting a person from violating the prohibitions described above unless the person is licensed by the board.

afterThe thatbill lineauthorizes insert:municipalities to impose forfeitures of up to $1,000 for ordinance violations.

“SECTION1m.

460.145 of the statutes is created to read:

460.145 Employment of unlicensed persons.

No person may employ or contract for the services of an individual to provide massage therapy or bodywork therapy who is required to be licensed under s.

460.02 unless the individual is licensed under this chapter.”.

PageAllows 2,the lineboard, 13:in addition to or in lieu of professional discipline or certain other actions that may be taken by the board against a person who violates certain prohibitions relating to massage therapy or bodywork therapy, to assess a forfeiture of not more than $1,000 for each separate offense.

after “(2) (a)" insert “1.".

PageAdjusts 2,the linepenalty 15:for violating provisions under state law relating to massage therapy and bodywork therapy, including practicing without the required - 2020 Legislature - 2 - LRB-2430/1 MES&MED:wlj SENATE BILL 133 license, to a criminal fine of not more than $1,000 for each violation or imprisonment for not more than 90 days, or both.

afterUnder thatcurrent linelaw, insert:the penalty is a civil forfeiture of up to $1,000.

“2.Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report.

AFor city,further village,information orsee townthe maystate enact and enforcelocal anfiscal ordinanceestimate, thatwhich prohibitswill abe personprinted fromas employing or contracting for the services of an individualappendix to providethis LRBa0126/1bill. - 2020 Legislature - 2 - MED&MES:amn massage therapy or bodywork therapy who is required to be licensed under s.

460.02The unlesspeople of the individualstate isof licensedWisconsin, underrepresented thisin chapter.”.senate and assembly, do enact as follows:

S ECTION 1.

460.14 (4) of the statutes is created to read:

460.14 (4) The affiliated credentialing board may, in addition to or in lieu of a reprimand or revocation, limitation, suspension, or denial of a license, assess against a person who has done anything specified under sub.

(2) (a) to (j) a forfeiture of not more than $1,000 for each separate offense.

Each day of continued violation constitutes a separate offense.

S ECTION 2.

460.15 of the statutes is amended to read:

460.15 Penalty.

Any person who violates this chapter or any rule promulgated under this chapter shall forfeity be fined not more than $1,000 for each violation or imprisoned for not more than 90 days, or both.

S ECTION 3.

460.17 of the statutes is renumbered 460.17 (1).

S ECTION 4.

460.17 (2) of the statutes is created to read:

460.17 (2) (a) A city, village, or town may enact and enforce an ordinance that prohibits an individual from violating the prohibitions under s.

460.02 unless the individual is licensed under this chapter as required under s.

460.02.

(b) Law enforcement personnel of a city, village, or town may issue citations for violations of a local ordinance described in par.