Wis. Admin. Code MTBT — Massage Therapy and Bodywork Therapy Affiliated Credentialing Board

Chapter MTBT 1 AUTHORITY, INTENT AND DEFINITIONS

Wis. Admin. Code § MTBT 1.01 Authority and intent {#sec-mtbt-1.01 omnilex-key=us-wi-regs-official--agency-mtbt--MTBT 1.01}

The rules in chs. MTBT 1 to 7 are adopted by the board pursuant to s. 227.11 (2), Stats., and ch. 460, Stats., to govern the credentialing of massage therapists and bodywork therapists.

History

• Cr. Register, February, 1999, No. 518, eff. 3-1-99; CR 06-069: am. Register December 2006 No. 612, eff. 1-1-07; correction made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; correction made under s. 13.92 (4) (b) 7., Stats., Register August 2012 No. 680; CR 13-055: am. Register May 2014 No. 701, eff. 6-1-14.

Wis. Admin. Code § MTBT 1.02 Definitions {#sec-mtbt-1.02 omnilex-key=us-wi-regs-official--agency-mtbt--MTBT 1.02}

As used in chs. MTBT 1 to 7, unless the context otherwise requires:

(1) “Accrediting agency” means either of the following:

(a) A regional or national accrediting agency recognized by the U.S. department of education.

(b) A state government agency or territorial government agency located in another state or territory of the United States or another country.

(2) “Adjunctive therapy” means any of the following:

(a) The use of a device that simulates or enhances a manual action.

(b) The application of water, lubricants, or other nonprescription topical agents to the skin.

(c) The application of heat or cold to the skin in the absence of an electromagnetic device.

(3) “Approved training program” means a series of classroom courses, not including continuing education, which is approved by the board having a unified purpose which lead to a diploma or degree or to an occupational or vocational objective meeting the requirements of s. MTBT 3.01.

(4) “Board” means the massage therapy and bodywork therapy affiliated credentialing board.

(5) “Classroom hour” means a period of instruction consisting of not less than 50 minutes.

(6) “Client” means a person who has contracted for or who receives the professional services of a massage therapist, bodywork therapist, student or temporary licensee, whether the massage therapist, bodywork therapist, student, or temporary licensee is paid or unpaid for the service, and regardless of where such services occur. If a client is a person under the age of 18, the client’s parents or legal guardian are also clients. If a person contracts for multiple sessions of treatment, the person remains a client until the full terms of the contract have been fulfilled.

(7) “Direct, immediate, on-premises supervision” means the supervising massage therapist or bodywork therapist is present in the same building with the person being supervised, with face-to-face contact as necessary to avoid unacceptable risk of harm to the client.

(8) “Direct, immediate, one-to-one supervision” means one-to-one supervision with face-to-face contact between the person being supervised and the supervisor throughout the client contact with the supervisor assisting the person being supervised as necessary.

(9) “General supervision” means indirect, off-premises supervision, with direct, on-premises or direct face-to-face contact between the supervisor and the person being supervised as necessary. Between direct contacts, the supervisor is required to maintain indirect, off-premises telecommunication contact such that the person being supervised can, within 15 minutes, establish direct telecommunication with the supervisor.

(10) “Health care practitioner” means a health care provider as defined in s. 146.81 (1), Stats.

(11) “Informed consent” means a client’s voluntary, knowing and understood agreement to the service to be provided by the massage therapist, bodywork therapist, temporary licensee, or student. Informed consent requires, at a minimum, that the licensee has provided information about the risks and benefits of the service to be provided that a reasonable person in the client’s position would need before making an informed decision concerning the service. All of the following apply to informed consent:

(a) Informed consent shall be documented in writing.

(b) A client may withdraw informed consent verbally or in writing at any time before a service is completed.

(c) Informed consent shall include an understanding that the client may, upon request, have a chaperone present while massage therapy or bodywork therapy services are provided.

(d) No service or part of a service may be provided without the client’s informed consent or after informed consent has been withdrawn.

(12) “Insured” means any person to whom an insurer makes a promise in an insurance policy. The term includes policyholders, subscribers, members, and beneficiaries.

(13) “Intimate parts” has the meaning given in s. 939.22 (19), Stats.

(14) “License holder” means a person granted a license under this chapter.

(15) “Manual action” includes holding, positioning, rocking, kneading, compressing, decompressing, gliding, or percussing the soft tissue of the human body or applying a passive range of motion to the human body without joint mobilization or manipulation.

(16) “Massage therapist or bodywork therapist” means a person who engages in massage therapy or bodywork therapy.

(17) “Massage therapy extern or bodywork therapy extern” means a student currently enrolled in an approved massage therapy or bodywork therapy school or program and in good standing, who provides massage therapy and bodywork therapy services under the following conditions:

(a) The extern has successfully completed a massage therapy or bodywork therapy internship and has been approved for an externship by an instructor affiliated with the massage therapy or bodywork therapy school or program in which the student is enrolled.

(b) A licensed massage therapist or bodywork therapist, whose license is current and unlimited, provides direct on-premises supervision of the unlicensed massage therapy extern or bodywork therapy extern or more intensive supervision if required to avoid unacceptable risk of harm to the client.

(c) Services are provided off school or program premises.

(d) Services are provided without financial compensation to the massage therapy extern or bodywork therapy extern.

(e) The externship site has been approved by the school or program in which the student is enrolled.

(f) Clients have given informed consent to be treated by a massage therapy extern or bodywork therapy extern.

(18) “Massage therapy intern or bodywork therapy intern” means a student currently enrolled in an approved massage therapy or bodywork school or program and in good standing, who provides massage therapy and bodywork therapy services under the following conditions:

(a) A clinic instructor provides direct on-premises supervision of a massage therapy intern or bodywork therapy intern or more intensive supervision if required to avoid unacceptable risk of harm to the client.

(b) Services are provided on school or program premises.

(c) Services are provided without financial compensation to the massage therapy intern or bodywork therapy intern.

(d) Clients have given informed consent to be treated by a massage therapy intern or bodywork therapy intern.

(19) “Massage therapy or bodywork therapy” means the science and healing art that uses manual actions and adjunctive therapies to palpate and manipulate the soft tissue of the human body, in order to improve circulation, reduce tension, relieve soft tissue pain, or increase flexibility. Massage therapy or bodywork therapy includes determining whether manual actions and adjunctive therapies are appropriate. Massage therapy or bodywork therapy does not include making a medical, physical therapy, or chiropractic diagnosis.

(20) “Policy holder” means the person who controls the policy by ownership, payment of premiums, or otherwise.

(21) “Sexual contact” has the meaning given in s. 939.22 (34), Stats.

(22) “Sexual intercourse” has the meaning given in s. 948.01 (7) (a), Stats.

(23) “Sexually oriented business” means any entity that offers or provides any of the following for a fee:

(a) Sexually explicit conversation.

(b) Exposure of any person’s intimate parts except as necessary for legitimate massage therapy and bodywork therapy.

(c) Direct and indirect contact with any person’s intimate parts unless necessary for legitimate massage therapy and bodywork therapy.

(d) Prostitution.

(e) Materials depicting or describing sexually explicit conduct.

(24) “Temporary licensee” means a graduate of a massage therapy or bodywork therapy school or program who has met the requirements for and who has been granted a temporary license to practice massage therapy and bodywork therapy as provided in s. MTBT 6.02.

History

• Cr. Register, February, 1999, No. 518, eff. 3-1-99; emerg. cr. (1), (2) and (11), renum. (1) to (8) to be (3) to (10) and am. (4), eff. 9-3-00; cr. (1), renum. (1) to (8) to be (2) to (9) and am. (3), Register, January, 2001, No. 541, eff. 2-1-01; correction in (3) made under s. 13.93 (2m) (b) 7., Stats, Register, December, 2006, No. 612; CR 06-069: r. and recr. (1) (b), cr. (1g), (1r), (5m), and (10) to (13), am. (2), (6) and (8), r. (3) and (9), Register December 2006 No. 612, eff. 1-1-07; correction in (intro.), (1g), (4) made under s. 13.92 (4) (b) 6., 7., Stats., Register November 2011 No. 671; renumber (4) to be (1m) under s. 13.92 (4) (b) 1., Stats., correction in (1m) made under s. 13.92 (4) (b) 6., Stats., Register August 2012 No. 680; CR 13-055: r. and recr. Register May 2014 No. 701, eff. 6-1-14; correction in (11) made under s. 35.17, Stats., Register May 2014 No. 701; correction in (10) made under s. 13.92 (4) (b) 7., Stats., Register March 2021 No. 783.

Chapter MTBT 2 APPLICATION

Wis. Admin. Code § MTBT 2.01 Application for a license {#sec-mtbt-2.01 omnilex-key=us-wi-regs-official--agency-mtbt--MTBT 2.01}

An applicant for a license to practice massage therapy or bodywork therapy shall submit all of the following to the board:

(1) An application on a form provided by the board.

Note: Application forms are available upon request to the Department of Safety and Professional Services at (608) 266-2112, dsps@wisconsin.gov, or at the Department’s website at http://dsps.wi.gov.

(2) The fee required under s. 440.05 (1), Stats.

(3) Evidence satisfactory to the board that the applicant meets all of the following requirements:

(a) Has graduated from a school of massage therapy or bodywork therapy approved by the department of safety and professional services at the time of the applicant’s graduation or completed an approved training program under s. MTBT 3.01.

Note: A list of approved schools is available upon request to the Department of Safety and Professional Services at (608) 266-2112 or dsps@wisconsin.gov.

(b) Has successfully completed at least 6 classroom hours of study in the laws of this state and rules of the board relating to the practice of massage therapy or bodywork therapy in a course of instruction offered by any of the following:

1. A school of massage therapy or bodywork therapy approved by the department of safety and professional services, whether or not the course of instruction was completed to meet a requirement for graduation.

2. An approved training program under s. MTBT 3.01, whether or not the training program is completed by the applicant for purposes of satisfying par. (a).

3. A school that, at the time the course of study is completed, has approval or accreditation that is in good standing from one of the following:

a. An accrediting agency under s. MTBT 1.02 (1) (a) whose recognition by the United States department of education is current.

Note: A list of recognized accrediting agencies is available from the United States Department of Education’s website at www.ed.gov.

b. An accrediting agency under s. MTBT 1.02 (1) (b) that is located in the same state or territory in which the school is located and whose criteria for approval of schools is substantially equivalent, as determined by the board, to the criteria under s. SPS 404.04.

4. A technical college established pursuant to s. 38.02, Stats.

(c) Is 18 years of age or older.

(d) Has graduated high school or attained high school equivalency as determined by the department of public instruction under s. 115.29 (4), Stats.

(e) Has not been convicted of an offense under s. 940.22, 940.225, 944.15, 944.17, 944.30, 944.31, 944.32, 944.33, 944.34, 948.02, 948.025, 948.08, 948.085, 948.09, 948.095 or 948.10, Stats., or a comparable offense under federal law or a law of any other state.

(f) Subject to ss. 111.321, 111.322 and 111.335, Stats., has not been convicted of any other offense not listed in par. (e), the circumstances of which substantially relate to the practice of massage therapy or bodywork therapy.

(g) Has passed one of the following examinations:

1. The Massage and Bodywork Licensing Examination offered by the Federation of State Massage Therapy Boards.

2. The Board Certification Examination for Therapeutic Massage and Bodywork offered by the National Certification Board for Therapeutic Massage and Bodywork.

3. The National Certification Examination for Therapeutic Massage and Bodywork offered prior to February 1, 2015, by the National Certification Board for Therapeutic Massage and Bodywork.

4. The National Certification Examination for Therapeutic Massage offered prior to February 1, 2015, by the National Certification Board for Therapeutic Massage and Bodywork.

5. The Asian Bodywork Therapy Examination offered prior to December 31, 2012, by the National Certification Commission for Acupuncture and Oriental Medicine.

6. An examination relating to the practice of massage therapy or bodywork therapy that is administered by a national board that is accredited by the National Commission for Certifying Agencies.

7. An examination that is substantially equivalent, as determined by the board, to an examination under subds. 1. to 5.

(h) Has passed an examination on laws and administrative rules governing massage therapy or bodywork therapy in this state.

(i) Has in effect as a policyholder and insured, malpractice liability insurance coverage in an amount that is not less than $1,000,000 per occurrence and $1,000,000 for all occurrences in one year.

(j) Has successfully completed a course consisting of 5 classroom hours in adult cardiopulmonary resuscitation and standard first aid if the 5 classroom hours are not part of the course of study or approved training program completed by the applicant for purposes of meeting the requirement under par. (a).

(k) Has current proficiency in the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved under s. 46.03 (38), Stats., to provide the instruction.

History

• Cr. Register, February, 1999, No. 518, eff. 3-1-99; emerg. am. (intro.), r. (3) (a), renum. (3) (b) to (e) to be (3) (a) to (d) and am. (3) (a) and (d), cr. (3) (e) and (f), eff. 9-3-00; am. (intro.), r. (3) (a), renum. (3) (b) to (e) to be (3) (a) to (d) and am. (3) (a) and (d), cr. (3) (e) and (f), Register, January, 2001, No. 541, eff. 2-1-01; CR 06-069: am. (intro.) and (2), r. and recr. (3) (a), renum. (3) (b), (c), (d), (e) and (f) to be (f), (i), (g) (h), and (j), and am. (f), (g), (i) and (j), cr. (3) (b) to (e), Register December 2006 No. 612, eff. 1-1-07; correction in (3) (j) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; correction in (3) (j) made under s. 13.92 (4) (b) 7., Stats., Register August 2012 No. 680; EmR0827: emerg. cr. (3) (k), eff. 9-10-08; CR 08-086: cr. (3) (k) Register September 2012 No. 681, eff. 10-1-12; (3) (k) renum. from SPS 91.01 (3) (k) made under s. 13.92 (4) (b) 7., Stats., Register September 2012 No. 681; CR 13-055: am. (title) Register May 2014 No. 701, eff. 6-1-14; CR 18-053: am. (intro.), (1), (2), (3) (intro.), (a), (b) (intro.), 1., 2., renum. (3) (b) 3. to (3) (b) 3. (intro.) and am., cr. (3) (b) 3. a., b., renum. (3) (g) to (3) (g) (intro.) and am., cr. (3) (g) 1. to 7., am. (h), (j), Register July 2019 No. 763, eff. 8-1-19; correction in (3) (a), (b) (intro.), 1., (f), (g) 6., (h), made under s. 13.92 (4) (b) 12., Stats., Register July 2019 No. 763.

Wis. Admin. Code § MTBT 2.015 Waiver of education requirements {#sec-mtbt-2.015 omnilex-key=us-wi-regs-official--agency-mtbt--MTBT 2.015}

The requirements of s. MTBT 2.01 (3) (a) and (b) shall be waived if an applicant submits evidence satisfactory to the board that the applicant has successfully completed a course consisting of 5 classroom hours in adult cardiopulmonary resuscitation and standard first aid and satisfied one of the following:

(1) Is currently either certified or recertified by the National Certification Board for Therapeutic Massage and Bodywork.

(2) Is currently either certified or recertified as active and in good standing by any other organization accredited to certify massage therapy or bodywork therapy by the National Commission for Certifying Agencies.

History

• CR 06-069: cr. Register December 2006 No. 612, eff. 1-1-07; correction in (intro.) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; correction in (intro.) made under s. 13.92 (4) (b) 7., Stats., Register August 2012 No. 680; CR 18-053: am. (intro.), (1), (2) Register July 2019 No. 763, eff. 8-1-19; correction in (2) made under s. 13.92 (4) (b) 12., Stats., Register July 2019 No. 763.

Wis. Admin. Code § MTBT 2.03 Reciprocal license {#sec-mtbt-2.03 omnilex-key=us-wi-regs-official--agency-mtbt--MTBT 2.03}

(1) Except as provided under s. MTBT 2.035, an applicant for a license on the basis of a similar license, registration, or license in another state or territory of the United States or another country shall submit all of the following to the board:

(a) An application on a form provided by the board.

Note: Application forms are available upon request to the Department of Safety and Professional Services at (608) 266-2112, dsps@wisconsin.gov, or at the Department’s website at http://dsps.wi.gov.

(b) The fee required under s. 440.05 (2), Stats.

(c) Evidence satisfactory to the board that the applicant meets all of the following requirements:

1. Holds a current similar license, registration or certificate to practice massage therapy or bodywork therapy in another state or territory of the United States or another country, the requirements for which are substantially equivalent to the requirements under s. 460.05, Stats.

2. Has not been convicted of an offense under s. 940.22, 940.225, 944.15, 944.17, 944.30, 944.31, 944.32, 944.33, 944.34, 948.02, 948.025, 948.08, 948.085, 948.09, 948.095 or 948.10, Stats., or a comparable offense under federal law or a law of any other state.

3. Subject to ss. 111.321, 111.322 and 111.335, Stats., has not been convicted of any other offense not listed under subd. 2., the circumstances of which substantially relate to the practice of massage therapy or bodywork therapy.

4. Has in effect as a policyholder and insured, malpractice liability insurance coverage in an amount that is not less than $1,000,000 per occurrence and $1,000,000 for all occurrences in one year.

(2) Requirements for a current similar license, registration or certificate to practice massage therapy or bodywork in another state or territory of the United States or another country, are substantially equivalent to the requirements under s. 460.05, Stats., if the requirements include either of the following:

(a) Certification by the National Certification Board for Therapeutic Massage and Bodywork or any other organization accredited by the National Commission for Certifying Agencies to certify massage therapy or bodywork therapy.

(b) Passing an examination under s. MTBT 2.01 (3) (g) and completion of at least 500 classroom hours of instruction in massage therapy or bodywork therapy at a school meeting the requirements under s. MTBT 2.01 (3) (b) 3. at the time of the applicant’s graduation.

History

• Cr. Register, February, 1999, No. 518, eff. 3-1-99; am. (1) (intro.) and (c) 1., Register, January, 2001, No. 541, eff. 2-1-01; CR 06-069: am. (1) (intro.), (1) (c) 1., 4., and 7., and (2) r. and recr. (1) (c) 2., r. (1) (c) 3., 5. and 6., cr. (2) (a) and (b), Register December 2006 No. 612, eff. 1-1-07; CR 13-055: am. (title), (1) (intro.), (a), (c) (intro.) Register May 2014 No. 701, eff. 6-1-14; correction in (1) (c) (intro.) made under s. 35.17, Stats., Register May 2014 No. 701; CR 18-053: am. (1) (intro.), (a), (b), (c) (intro.), (2) (a), (b) Register July 2019 No. 763, eff. 8-1-19; correction in (1) (c) 1., 4., (2) (a), (b) made under s. 13.92 (4) (b) 12., Stats., Register July 2019 No. 763; CR 21-001: am. (1) (intro.) Register May 2022 No. 797, eff. 6-1-22.

Wis. Admin. Code § MTBT 2.035 Reciprocal credentials for service members, former service members, and their spouses {#sec-mtbt-2.035 omnilex-key=us-wi-regs-official--agency-mtbt--MTBT 2.035}

A reciprocal license to practice massage therapy or bodywork therapy shall be granted to a service member, former service member, or the spouse of a service member or former service member who the board determines meets all of the requirements under s. 440.09 (2), Stats. Subject to s. 440.09 (2m), Stats., the board may request verification necessary to make a determination under this section.

History

• CR 21-001: cr. Register May 2022 No. 797, eff. 6-1-22.

Wis. Admin. Code § MTBT 2.04 Accommodations relating to a disability {#sec-mtbt-2.04 omnilex-key=us-wi-regs-official--agency-mtbt--MTBT 2.04}

A qualified applicant with a disability shall be provided with reasonable accommodations requested in connection with the completion of an application for licensure as a massage therapist or bodywork therapist.

History

• Cr. Register, February, 1999, No. 518, eff. 3-1-99; CR 06-069: am. Register December 2006 No. 1-1-07; CR 18-053: am. Register July 2019 No. 763, eff. 8-1-19; correction made under s. 13.92 (4) (b) 12., Stats., Register July 2019 No. 763.

Chapter MTBT 3 EDUCATION

Wis. Admin. Code § MTBT 3.01 Approved training program {#sec-mtbt-3.01 omnilex-key=us-wi-regs-official--agency-mtbt--MTBT 3.01}

(1) An applicant who has not graduated from a school of massage therapy or bodywork therapy approved by the department of safety and professional services shall submit an official transcript or other official documentation showing dates and total classroom hours attended and a description of the curriculum completed establishing that the applicant has completed an approved training program.

(2) Credit may be granted for an approved training program regardless of when the program was completed.

(4) In addition to satisfying the requirements of sub. (5), an approved training program shall be one of the following:

(a) An associate degree program, or a technical diploma program in massage therapy or bodywork therapy offered by a technical college established pursuant to s. 38.02, Stats.

(b) A course of instruction in massage therapy or bodywork therapy offered by a school that, at the time of the applicant’s graduation, has approval or accreditation that is in good standing from one of the following:

1. An accrediting agency under s. MTBT 1.02 (1) (a) whose recognition by the United States department of education is current.

Note: A list of recognized accrediting agencies is available from the United States Department of Education’s website at www.ed.gov.

2. An accrediting agency under s. MTBT 1.02 (1) (b) that is located in the same state or territory in which the school is located and whose criteria for approval of schools is substantially equivalent, as determined by the board, to the criteria under s. SPS 404.04.

(5) An approved training program shall consist of a minimum of 600 classroom hours of study and shall include the following subject areas:

(a) One hundred twenty-five classroom hours in anatomy, physiology, pathology, and kinesiology.

(b) Fifty classroom hours in business, law and ethics, which shall include at least 6 classroom hours in the laws of this state and rules of the board relating to the practice of massage therapy or bodywork therapy required by s. MTBT 2.01 (3) (b).

(c) Three hundred classroom hours in massage therapy or bodywork therapy theory, technique, and practice, which shall include 100 classroom hours of supervised hands-on practice.

(d) Twenty classroom hours in student clinic.

(e) Five classroom hours in adult cardiopulmonary resuscitation and standard first aid. The requirement of this paragraph may be alternatively satisfied as provided under s. MTBT 2.01 (3) (j).

(f) One hundred classroom hours in additional massage therapy or bodywork therapy course offerings meeting the objectives of the course of instruction.

History

• Cr. Register, February, 1999, No. 518, eff. 3-1-99; emerg. am. (1), (5) (e) and (f), r. and recr. (3) and (4), eff. 9-3-00; am. (1), (5) (e) and (f), r. and recr. (3) and (4), Register, January, 2001, No. 541, eff. 2-1-01; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register, January, 2001, No. 541; CR 06-069: am. (1), (2), (4) (intro.), (a), (b), (5) (intro.), (b), (d) and (e), r. (3), Register December 2006 No. 612, eff. 1-1-07; correction in (5) (b), (e) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; correction in (5) (b), (e) made under s. 13.92 (4) (b) 7., Stats., Register August 2012 No. 680; CR 13-055: am. (1), (5) (b) Register May 2014 No. 701, eff. 6-1-14; CR 18-053: am. (1), renum. (4) (b) to (4) (b) (intro.) and am., cr. (4) (b) 1., 2., am. (5) (a) to (f), Register July 2019 No. 763, eff. 8-1-19; correction in (4) (a), (b) (intro.), (5) (c), (f) made under s. 13.92 (4) (b) 12., Stats., Register July 2019 No. 763; correction in (5) (a) made under s. 35.17, Stats., Register July 2019 No. 763.

Chapter MTBT 4 REQUIREMENTS FOR RENEWAL AND REINSTATEMENT

Wis. Admin. Code § MTBT 4.01 License expiration {#sec-mtbt-4.01 omnilex-key=us-wi-regs-official--agency-mtbt--MTBT 4.01}

Licenses for massage therapists and bodywork therapists expire on March 1 of each odd-numbered year.

History

• Cr. Register, February, 1999, No. 518, eff. 3-1-99; CR 06-069: am. Register December 2006 No. 612, eff. 1-1-07; CR 13-055: am. Register May 2014 No. 701, eff. 6-1-14; correction made under s. 35.17, Stats., Register May 2014 No. 701.

Wis. Admin. Code § MTBT 4.02 Renewal of license {#sec-mtbt-4.02 omnilex-key=us-wi-regs-official--agency-mtbt--MTBT 4.02}

To renew a license, a licensee shall, by the renewal date under s. MTBT 4.01, submit all of the following to the board:

(1) An application for renewal on a form provided by the board.

(2) The renewal fee required under s. 440.08 (2) (c), Stats.

(3) Evidence satisfactory to the board the licensee has in effect, as a policyholder and insured, malpractice liability insurance coverage in an amount not less than $1,000,000 per occurrence and $1,000,000 for all occurrences in one year.

(4) Evidence satisfactory to the board the licensee has current proficiency in the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved under s. 46.03 (38), Stats., to provide the instruction.

(5) The signed statement required under s. MTBT 7.02 (3).

History

• Cr. Register, February, 1999, No. 518, eff. 3-1-99; CR 06-069: am. (intro.), (2) and (3), Register December 2006 No. 612, eff. 1-1-07; CR 08-086: cr. (4) Register September 2012 No. 681, eff. 10-1-12; (4) renum. from SPS 93.02 (4) made under s. 13.92 (4) (b) 7., Stats., Register September 2012 No. 681; CR 13-055: am. (title), (intro.), (1), (3), cr. (5) Register May 2014 No. 701, eff. 6-1-14; CR 19-102: am. (intro.), (1) to (4), r. and recr. (5) Register April 2020 No. 772, eff. 5-1-20.

Wis. Admin. Code § MTBT 4.03 Failure to renew {#sec-mtbt-4.03 omnilex-key=us-wi-regs-official--agency-mtbt--MTBT 4.03}

A licensee who fails to renew a license by the applicable renewal date may not use any title or description that implies that he or she is credentialed by the board as a massage therapist or bodywork therapist until the license is renewed under s. MTBT 4.04 or reinstated under s. MTBT 4.05.

History

• Cr. Register, February, 1999, No. 518, eff. 3-1-99; CR 06-069: am. Register December 2006 No. 612, eff. 1-1-07; correction made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; correction made under s. 13.92 (4) (b) 7., Stats., Register August 2012 No. 680; CR 13-055: am. Register May 2014 No. 701, eff. 6-1-14; CR 19-102: am. Register April 2020 No. 772, eff. 5-1-20.

Wis. Admin. Code § MTBT 4.04 Late renewal {#sec-mtbt-4.04 omnilex-key=us-wi-regs-official--agency-mtbt--MTBT 4.04}

A massage therapist or bodywork therapist who fails to renew a license by the renewal date may renew the license by satisfying one of the following requirements:

(1) If applying within 5 years of the renewal date, submitting to the board all of the following:

(a) An application for renewal on a form provided by the board.

(b) The renewal fee and late fee required under s. 440.08 (2) (c) and (3), Stats.

(c) Evidence satisfactory to the board that the applicant has in effect, as a policyholder and insured, malpractice liability insurance coverage in an amount not less than $1,000,000 per occurrence and $1,000,000 for all occurrences in one year.

(d) Evidence satisfactory to the board the applicant has current proficiency in the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved under s. 46.03 (38), Stats., to provide the instruction.

(e) The signed statement required under s. MTBT 7.02 (3).

(2) If applying more than 5 years after the renewal date, satisfying the requirements under sub. (1) and submitting evidence of successful completion of educational coursework or an examination required by the board to ensure protection of the public health, safety, and welfare. Except as provided under s. MTBT 4.05 (1), this subsection does not apply to licensees who have unmet disciplinary requirements or whose licenses have been surrendered or revoked.

History

• Cr. Register, February, 1999, No. 518, eff. 3-1-99; CR 06-069: am. (intro.) and (1) (c), Register December 2006 No. 612, eff. 1-1-07; CR 13-055: am. (intro.), (1) (intro.), (a), (c), (2) (a), (b) Register May 2014 No. 701, eff. 6-1-14; CR 19-102: am. (intro.), (1) (intro.), (b), (c), cr. (1) (d), (e), renum. (2) (intro.) to (2) and am., r. (2) (a), (b) Register April 2020 No. 772, eff. 5-1-20.

Wis. Admin. Code § MTBT 4.05 Reinstatement {#sec-mtbt-4.05 omnilex-key=us-wi-regs-official--agency-mtbt--MTBT 4.05}

A massage therapist or bodywork therapist who has unmet disciplinary requirements and has failed to renew a license within 5 years of the renewal date or whose license has been surrendered or revoked may apply for reinstatement of the license by submitting all of the following:

(1) Evidence of completion of the requirements under s. MTBT 4.04 (2).

(2) Evidence of completion of disciplinary requirements, if applicable.

(3) Evidence of rehabilitation or change in circumstances warranting reinstatement of the license.

History

• CR 19-102: cr. Register April 2020 No. 772, eff. 5-1-20.

Chapter MTBT 5 UNPROFESSIONAL CONDUCT

Wis. Admin. Code § MTBT 5.01 Unprofessional conduct {#sec-mtbt-5.01 omnilex-key=us-wi-regs-official--agency-mtbt--MTBT 5.01}

The definitions of this chapter are adopted by the board pursuant to the authority delegated by ss. 15.085 (5) (b) and 460.04 (2) (a), Stats., to establish the standards of ethical conduct for massage therapists and bodywork therapists.

History

• Cr. Register, February, 1999, No. 518, eff. 3-1-99; CR 06-069: am. (intro.), (6) (9), (16), (19), (20), (26) to (28), cr. (29) to (32), Register December 2006 No. 612, eff. 1-1-07; correction in (31) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; correction in (31) made under s. 13.92 (4) (b) 7., Stats., Register August 2012 No. 680; CR 13-055: am. (9), (16) to (20), (27), (28), (32) Register May 2014 No. 701, eff. 6-1-14; correction in (16) made under s. 13.92 (4) (b) 6., Stats., corrections in (2) to (4), (6) to (8), (12), (14), (15), (17), (19) to (27), (29) made under s. 35.17, Stats., Register May 2014 No. 701; CR 14-041: r. and recr. Register June 2015 No. 714, eff. 7-1-15.

Wis. Admin. Code § MTBT 5.02 Unprofessional conduct {#sec-mtbt-5.02 omnilex-key=us-wi-regs-official--agency-mtbt--MTBT 5.02}

“Unprofessional conduct” includes the following, or aiding, abetting, or conspiring the same:

(1) Violating s. 460.14 (2) (a) to (j), Stats., or any provision of a board order.

(2) Being convicted of an offense under s. 940.22, 940.225, 944.15, 944.17, 944.30 (1m), 944.31, 944.32, 944.33, 944.34, 948.02, 948.025, 948.08, 948.085, 948.09, 948.095, or 948.10, Stats.

(3) Engaging in fraud, misrepresentation, or deceit in applying for or procuring a license to practice massage therapy or bodywork therapy, in connection with applying for or procuring periodic renewal of a license, or in otherwise maintaining a license.

(4) Engaging in any act of fraud, deceit, or misrepresentation, including acts of omission to the board or any person acting on the board’s behalf, including department of safety and professional services personnel.

(5) Employing illegal or unethical business practices, including either of the following:

(a) Fraud, deceit, or misrepresentation in obtaining or attempting to obtain any fee or third-party reimbursement.

(b) Engaging in uninvited, in-person solicitation of actual or potential clients, who because of their particular circumstances are vulnerable to undue influence.

(6) Knowingly, negligently, or recklessly making any written or oral statement while practicing massage therapy that is likely to deceive, defraud, mislead, or create an unacceptable risk of harm to a client, the public, or both.

(7) Engaging in false, misleading, or deceptive advertising.

(8) Failing to maintain accurate and timely records necessary for the continuity of a client’s massage therapy or bodywork therapy treatment. Records are to be maintained for a period of at least 5 years.

(9) Performing any act constituting the practice of massage therapy or bodywork therapy on any client without the client’s informed consent or after the client has withdrawn informed consent, whether verbally or in writing, or either of the following:

(a) Failure to document informed consent.

(b) Failure to inform the client that any act of massage therapy may or will be performed by unlicensed personnel.

(10) Any practice or conduct that falls below the standard of minimal competence within the profession that results in unacceptable risk of harm to the client, regardless of whether injury results.

(11) Practicing as a massage therapist or bodywork therapist when physical or mental abilities are impaired by the use of controlled substances or other drugs, chemicals, or alcohol, or by other causes.

(12) Practicing as a massage therapist or bodywork therapist with a mental or physical condition that impairs the ability of the licensee to practice within the standard of minimal competence or without exposing a client to an unacceptable risk of harm.

(13) Practicing beyond the scope of massage therapy or bodywork therapy.

(14) Divulging any information that is required under s. 460.11 (2), Stats., to be kept confidential.

(15) Engaging in sexually explicit conduct, sexual contact, exposure, gratification, or other sexual behavior with or in the presence of a client, a client’s immediate family member, or a person responsible for the client’s welfare. For purposes of this subsection, all of the following shall apply:

(a) Sexual nature of contact shall be determined from the totality of the circumstances and is presumed when the massage therapist or bodywork therapist has contact with a client’s intimate parts without legitimate professional justification for doing so.

(b) An adult client shall continue to be considered a client for 6 months after the termination of professional services.

(c) A client who is a minor shall continue to be considered a client for 2 years after the termination of services or for 2 years after the client reaches the age of majority, whichever is longer.

(16) Engaging in any sexual contact or conduct with or in the presence of a client or former client who lacks the ability to consent for any reason, including age, medication, or psychological or cognitive disability.

(17) Falsifying client records.

(18) Failing to provide access to client records when requested by the board or the board’s representative.

(19) After a request by the board, failing to cooperate in a timely manner with the board’s investigation of complaints filed against the licensee. There is a rebuttable presumption that a licensee who takes longer than 30 calendar days to respond to a request of the board has not acted in a timely manner under this subsection.

(20) Failing to provide clean clothing, linens, or equipment.

(21) Failing to provide draping and treatment that ensures the safety and privacy of a client.

(22) Permitting or assisting any person to perform acts constituting massage therapy or bodywork therapy without sufficient qualifications, necessary credentials, adequate informed consent, or adequate supervision. The licensed massage therapist or bodywork therapist is responsible for determining whether general, one-to-one, or on-premises supervision is necessary to protect the client from an unacceptable risk of harm. The licensed massage therapist or bodywork therapist retains responsibility for delegated or supervised acts unless the board determines that the delegate knowingly and willfully violated the supervisor’s direction or instruction.

(23) Failing to inform a client about contraindications of massage therapy or bodywork therapy as it related to the information provided on the informed consent or intake form completed by the client.

(24) Failing to complete the continuing education requirements under s. MTBT 7.02 (3).

(25) Having an adverse action against a credential pertaining to the practice of massage therapy or bodywork therapy by any agency of this or another state, or by an agency or authority within the federal government. This subsection applies whether the adverse action is accompanied by findings of negligence or unprofessional conduct or results in a temporary or permanent limitation, restriction, suspension, or revocation.

(26) Subject to ss. 111.321, 111.322, and 111.335, Stats., being convicted of an offense the circumstances of which substantially relate to the practice of massage therapy or bodywork therapy. For purposes of this subsection, all of the following shall apply:

(a) Except as otherwise provided by law, a certified copy of a decision is conclusive evidence of the finding of facts and conclusions of law by a state or federal court or agency charged with making legal determinations relevant to a conviction.

(b) The board has the burden of proof that a conviction is substantially related to the practice of massage therapy or bodywork therapy.

(27) Failing to report to the board any incident in which the licensee has direct knowledge of reasonable cause to suspect that a massage therapist or bodywork therapist has committed any unprofessional, incompetent, or illegal act in violation of state or federal statute, administrative rule, or orders of the board. Reports shall be made within the time necessary to protect clients from further unacceptable risk of harm.

(28) Failing to display the license granted under ch. 460, Stats., in the licensee’s place of business or practice as required under s. 460.07 (1), Stats. In the case of a mobile practice, a licensee shall be able to present the license for public display.

(29) Failing to maintain liability insurance coverage of at least $1,000,000 per occurrence and $1,000,000 for all occurrences in one year as required under s. 460.05 (1) (g), Stats.

History

• CR 14-041: cr. Register June 2015 No. 714, eff. 7-1-15; correction in (24) made under s. 35.17, Stats., Register June 2015 No. 714; CR 19-101: am. (2), (6), (11), (14), (15) (intro.), (c), (20), (24), (25), (26) (intro.), (a), (b), (28), (29) Register April 2020 No. 772, eff. 5-1-20.

Wis. Admin. Code § MTBT 5.03 Duty to make reports {#sec-mtbt-5.03 omnilex-key=us-wi-regs-official--agency-mtbt--MTBT 5.03}

(1) A licensee shall submit a report to the board if the licensee has reasonable cause to believe another licensee has committed a crime relating to prostitution under ss. 944.30 to 944.34, Stats., or has had sexual contact or sexual intercourse with a client. For purposes of this subsection, a licensee shall be considered to have reasonable cause upon occurrence of any of the following:

(a) The licensee is informed by a person that, while a client of another licensee, that person engaged in an act prohibited by ss. 944.30 to 944.34, Stats., with that licensee.

(b) The licensee is informed by a person that, while a client of another licensee, that person engaged in sexual contact or sexual intercourse with that licensee.

(c) The licensee is informed by another licensee that they engaged in sexual contact, sexual intercourse, or an act prohibited by ss. 944.30 to 944.34, Stats., with a client.

(3) The report shall be made on a complaint form provided by the board. If the report relates to sexual contact or sexual intercourse with a client, the report may not identify the client unless the client has provided written consent for disclosure of this information. The board may use the report as the basis for an investigation under s. 460.14 (1), Stats.

Note: Complaint forms are available from the department of safety and professional services at (608) 266-2112 or from the department’s website at: http://dsps.wi.gov.

(4) A complaint as defined in s. SPS 2.03 (2), filed against a license holder pursuant to s. SPS 2.08, based upon the allegation of one or more acts prohibited under ss. 944.30 to 944.34, Stats., constitutes reasonable cause for the board to believe that a license holder has committed a crime and the board shall report the belief to the district attorney for the county in which the crime, in the opinion of the board, occurred.

History

• CR 06-069: cr. Register December 2006 No. 612, eff. 1-1-07; correction in (4) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; CR 13-055: am. (1), (2) (b), (c), (3), (4) Register May 2014 No. 701, eff. 6-1-14; correction in (4) made under s. 13.92 (4) (b) 6., Stats., correction in (2) (a) made under s. 35.17, Stats., Register May 2014 No. 701; CR 14-041: renum. from MTBT 5.02 Register June 2015 No. 714, eff. 7-1-15; CR 19-101: renum. (1) to (1) (intro.), am., r. (2) (intro.), renum. (2) (a) to (c) to (1) (a) to (c) and am., am. (3) Register April 2020 No. 772, eff. 5-1-20.

Wis. Admin. Code § MTBT 5.04 Audits {#sec-mtbt-5.04 omnilex-key=us-wi-regs-official--agency-mtbt--MTBT 5.04}

Any licensee who is under investigation by the board for alleged misconduct shall be audited by the board for compliance with the continuing education requirements under s. MTBT 7.02.

History

• CR 14-041: cr. Register June 2015 No. 714, eff. 7-1-15; correction made under s. 35.17, Stats., Register June 2015 No. 714; CR 19-101: am. Register April 2020 No. 772, eff. 5-1-20.

Chapter MTBT 6 TEMPORARY LICENSURE

Wis. Admin. Code § MTBT 6.01 Authority {#sec-mtbt-6.01 omnilex-key=us-wi-regs-official--agency-mtbt--MTBT 6.01}

The rules in ch. MTBT 6 are adopted under the authority of ss. 460.04 (2) (f) and 460.08, Stats.

History

• CR 13-055: cr. Register May 2014 No. 701, eff. 6-1-14; correction made under s. 35.17, Stats., Register May 2014 No. 701.

Wis. Admin. Code § MTBT 6.02 Temporary license prior to licensure {#sec-mtbt-6.02 omnilex-key=us-wi-regs-official--agency-mtbt--MTBT 6.02}

(1) The board may issue a temporary license to an applicant to practice massage therapy and bodywork therapy who meets the criteria under s. 460.05, Stats., other than passing the examination under s. 460.05 (1) (f), Stats., and who has completed all of the following:

(a) Submits a completed application for licensure and a completed application for a temporary license.

(b) Remits the fee specified in s. 440.05 (1), Stats.

(c) Has successfully completed an educational program as defined in s. MTBT 3.01.

(d) Has taken an examination required under s. 460.06, Stats.

(e) Has passed the state board statutes and rules examination.

(2)

(a) Practice during the period of temporary license shall be under the supervision of a licensed massage therapist or bodywork therapist, at the level of general supervision or as necessary to avoid unacceptable risk of harm to the client. The supervising massage therapist or bodywork therapist is responsible for determining the level of supervision necessary to avoid unacceptable risk of harm to the client.

(am) A person holding a temporary license shall meet face-to-face with the supervising massage therapist or bodywork therapist as necessary to ensure that the temporary licensee performs competently, including creation and maintenance of records as required in s. MTBT 5.02 (8).

(b) The temporary licensee shall provide each client the name, contact information, and license number for the supervising massage therapist or bodywork therapist responsible for supervision of the temporary licensee.

(c) Prior to commencing any health care service, a temporary licensee shall obtain written informed consent of all clients. The informed consent documentation shall include, in addition to other requirements, an acknowledgement that the temporary licensee is not fully credentialed and that the client has been provided the information required by par. (b).

(3)

(a) A temporary license expires 6 months after the date of issuance or when the department provides notice that the temporary licensee has passed the examination required by s. 460.06, Stats., whichever is first.

(am) A temporary license shall not be renewed.

(b) No person shall be issued more than one temporary license.

(4) For purposes of the board’s disciplinary authority, the supervising massage therapist or bodywork therapist is responsible for the acts of the temporary licensee under supervision. The board may discipline the supervising massage therapist or bodywork therapist and the temporary licensee for any acts or omissions of the temporary licensee in violation of any state or federal statute, rule, regulation, or order of the board or of the medical examining board.

(5) Temporary licensees shall use the title massage therapy temporary licensee or bodywork therapy temporary licensee.

(6) The board may review a temporary licensee who fails to pass the examination under s. 460.06, Stats., to determine whether they are competent to continue practicing under their temporary license or if a revocation of the credential is necessary for the safety and welfare of the public. The determination of whether a temporary license is revoked shall be entirely within the discretion of the board.

History

• CR 13-055: cr. Register May 2014 No. 701, eff. 6-1-14; (2) (a), (am), (3) (a), (am) renum. from (2) (intro.), (a), (3) (intro.), (a) under s. 13.92 (4) (b) 1., Stats., Register May 2014 No. 701; CR 14-041: am. (2) (am) Register June 2015 No. 714, eff. 7-1-15; CR 24-054: am. (1) (intro.), (d), (3) (a), (b), cr. (6) Register September 2025 No. 837, 10-1-25.

Chapter MTBT 7 CONTINUING EDUCATION

Wis. Admin. Code § MTBT 7.01 Authority {#sec-mtbt-7.01 omnilex-key=us-wi-regs-official--agency-mtbt--MTBT 7.01}

The rules in ch. MTBT 7 are adopted under the authority of s. 460.10, Stats.

History

• CR 13-055: cr. Register May 2014 No. 701, eff. 6-1-14.

Wis. Admin. Code § MTBT 7.02 Continuing education required {#sec-mtbt-7.02 omnilex-key=us-wi-regs-official--agency-mtbt--MTBT 7.02}

(1) Beginning with the biennial registration period commencing on March 1, 2015, unless granted a waiver under s. MTBT 7.02 (4), each licensee is required to complete 24 hours of continuing education prior to renewal of a license to practice as a massage therapist or bodywork therapist, except that a new licensee shall not be required to comply with the continuing education requirements for the first renewal of a license.

(2) Acceptable continuing education shall address topics within the scope of practice of massage therapy and bodywork therapy or related business practices. The topic of at least 2 of the total continuing education hours in each biennium shall be ethics.

(3) Each licensee shall, at the time of making application for renewal, sign a statement on the application for renewal certifying that the licensee has completed 24 hours of acceptable continuing education, including 2 credits pertaining to ethics, during the 2-year period immediately preceding the renewal date under s. 440.08 (2) (a) 46r., Stats.

(4) A licensee may apply to the board for waiver of the requirements of this chapter on grounds of prolonged illness or disability or other exceptional circumstances. The board will consider each request individually on its merits.

(5) One hour of continuing education shall be awarded for each 50 minutes of instruction or its equivalent.

(6) Each licensee shall maintain verifiable evidence of completion of the continuing education activity until the licensee submits the next application for renewal of a license to practice massage therapy or bodywork therapy.

History

• CR 13-055: cr. Register May 2014 No. 701, eff. 6-1-14; CR 17-076: am. (3) Register June 2018 No. 750, eff. 7-1-18.

Wis. Admin. Code § MTBT 7.03 Acceptable continuing education activities {#sec-mtbt-7.03 omnilex-key=us-wi-regs-official--agency-mtbt--MTBT 7.03}

The board shall accept the following in satisfaction of the biennial training requirement provided under s. MTBT 7.02:

(1) Continuing education activities approved or provided by any of the following:

(a) Massage therapy or bodywork therapy schools or training programs approved pursuant to s. 460.095, Stats.

(b) Institutions of higher education as s. 106.57 (1) (c), Stats.

(c) Local, state, or national chapters of professional organizations that address improvement of the profession, including but not limited to the National Certification Commission for Acupuncture and Oriental Medicine (NCCAOM), the National Certification Board for Therapeutic Massage and Bodywork (NCBTMB), and the Federation of State Massage Therapy Boards (FSMTB).

(2) Continuing education activities may be in the form of in-person instruction, distance learning, online activities, audiovisual recordings, audio recordings, and professional literature review.

History

• CR 13-055: cr. Register May 2014 No. 701, eff. 6-1-14; correction in (1) (intro.) made under s. 35.17, Stats., Register May 2014 No. 701.