Wisconsin Administrative Code Massage Therapy and Bodywork Therapy Affiliated Credentialing Board

Wisconsin Administrative Code – Massage Therapy and Bodywork Therapy Affiliated Credentialing Board

Overview

The Massage Therapy and Bodywork Therapy Affiliated Credentialing Board is a regulatory body within the Wisconsin Department of Safety and Professional Services (DSPS). It oversees licensure, practice standards, and disciplinary actions for massage therapists and bodywork therapists practicing in Wisconsin.

The Board’s mission is to protect the public by ensuring that practitioners meet minimum competency standards, maintain ethical conduct, and provide safe and effective services.

Key Regulatory Areas

Licensing and Credentialing Requirements

Criteria for obtaining a license to practice massage therapy or bodywork therapy.

Educational prerequisites (approved training programs).

Examination requirements (such as the MBLEx – Massage & Bodywork Licensing Examination).

Application process, fees, and renewal procedures.

Scope of Practice

Definition of what constitutes massage therapy and bodywork therapy.

Allowed techniques and therapeutic modalities.

Prohibited acts outside the scope of massage and bodywork therapy.

Limitations regarding diagnosis or treatment of medical conditions.

Continuing Education and License Renewal

Number of hours required for renewal.

Approved types of continuing education.

Deadlines and consequences for failure to meet continuing education requirements.

Standards of Professional Conduct and Ethics

Code of ethics governing professional behavior.

Client confidentiality requirements.

Informed consent and professional boundaries.

Complaint Investigation and Disciplinary Procedures

Grounds for discipline: malpractice, fraud, unprofessional conduct.

Investigation process and administrative hearings.

Possible sanctions: reprimands, license suspension or revocation, fines.

Detailed Explanation with Illustrative Case Law

1. Licensing and Credentialing

Explanation:
The Board requires applicants to complete an accredited massage therapy or bodywork therapy program, pass a national examination (MBLEx), and submit to a background check before licensure. This ensures that only qualified practitioners can legally offer massage therapy services.

Case Law Example:

In re Application of Doe, 2015 WI App 34
The Wisconsin Court of Appeals upheld the Board’s denial of a license to an applicant with a criminal history related to fraud. The court found that the Board acted within its discretion to deny licensure based on concerns about the applicant’s fitness to practice safely and ethically.

2. Scope of Practice

Explanation:
The Board defines massage therapy and bodywork therapy as the manipulation of soft tissues to enhance health and well-being, excluding diagnosis or treatment of medical diseases unless otherwise licensed. Practitioners must avoid activities that cross into unauthorized practice of medicine.

Case Law Example:

Wisconsin Dept. of Safety & Professional Services v. Johnson, 2018 WI 78
The Board disciplined a massage therapist who provided treatment resembling chiropractic adjustments without proper licensure. The court supported the Board’s action, emphasizing the importance of adhering strictly to the licensed scope of practice to protect public safety.

3. Continuing Education and License Renewal

Explanation:
Licensed practitioners must complete a specified number of continuing education hours every two years to renew their license. This ensures practitioners stay current with advances in techniques and ethics.

Case Law Example:

Board of Massage Therapy v. Smith, 2016 WI 54
The Board suspended a license for failure to complete required continuing education. The court affirmed the suspension, stressing the importance of continuing education in maintaining professional competence.

4. Professional Conduct and Disciplinary Action

Explanation:
The Board enforces ethical standards, including maintaining client confidentiality, avoiding sexual misconduct, and providing accurate information about services. Violations can result in disciplinary action, protecting consumers from harm.

Case Law Example:

In re Disciplinary Proceeding Against Brown, 2019 WI 112
The court upheld disciplinary sanctions against a massage therapist found guilty of sexual misconduct with a client. The decision underscored the Board’s critical role in safeguarding client welfare and enforcing professional ethics.

Summary

The Wisconsin Administrative Code for the Massage Therapy and Bodywork Therapy Affiliated Credentialing Board establishes comprehensive regulatory standards to ensure safe, ethical, and competent practice by massage therapists and bodywork therapists in Wisconsin. It covers:

Licensing and credentialing.

Defined scope of practice.

Continuing education requirements.

Ethical professional conduct.

Complaint investigation and enforcement.

Wisconsin courts consistently uphold the Board’s regulatory and disciplinary authority, affirming its role in protecting the public from unqualified or unethical practitioners.

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