[HISTORY: Adopted by the Village Board of the Village of Pleasant Prairie 6-16-1997 (§ 12.08 of the 1988 Code). Amendments noted where applicable.]
Licenses and permits — See Ch. 214.
It is the purpose and intent of the Village that the licensing of massage therapists be regulated so as to further the public interest, safety and welfare by providing minimum qualifications for massage therapists.
As used in this chapter, the following terms shall have the meanings indicated:
- GOOD MORAL CHARACTER
- To be law abiding, to conduct regulated activity in accordance with licensing and permitting regulations, and to be honest and trustworthy.
- MASSAGE THERAPIST
- A health care provider who, for valuable consideration, either direct or indirect, treats the tonus system of the body through massage therapy.
- MASSAGE THERAPY
- A health care service involving the palpation and manipulation of the soft tissues of the body in order to improve circulation, reduce stress, increase range of motion, and relieve soft tissue pain. Massage therapy may also involve, but is not limited to, exercises that promote balance in the musculoskeletal, postural, and biomechanical systems. Additionally, massage therapy may involve topical applications. The therapeutic purpose of the above is to enhance health and well-being.
No person, party, firm or corporation, unless otherwise provided herein, shall, for valuable consideration, either directly or indirectly:
Act as a massage therapist without obtaining and maintaining a license therefor. Excepted from this requirement are state licensed health care professionals who provide massage therapy within the scope of their license and their training and/or massage therapists licensed pursuant to Chapter 440 of the Wisconsin Department of Regulation and Licensing Administrative Code.
[Amended 10-7-2002 by Ord. No. 02-74]
Operate as a massage therapist contrary to the terms of this chapter.
Massage the genital area of any client, including the breasts of any female client.
File an application for a license which is not true, correct and/or complete in all material respects.
Operate as a massage therapist as a home occupation in residential zoning districts.
Massage therapist licenses shall be granted by the Village Board and issued by the Village Clerk when all conditions of license issuance have been met.
Application. Application for such a license shall be made to the Village Clerk upon form provided by the Village and accompanied by the required fee.
Recommendation. The Village Clerk shall send the application to the Police Department, who shall report, in writing, to the Village Clerk as to the arrest and conviction record of the applicant, which may reflect upon good moral character. The Village Clerk, or designee thereof, shall examine said record and make recommendation based thereon as to whether or not the application should be licensed. A recommendation for denial shall consider only such portions of the record as are materially related to the licensed activity. Such reports and application shall be delivered to the Village Board for its consideration.
Term. The license term shall be January 1 through December 31.
Fee. The license fee shall be $50.
Revocation, nonrenewal and suspension of license. Any massage therapist license issued under this chapter shall be subject to suspension, revocation or refusal of renewal by the Village Board for violation of any provision of this chapter or for any grounds that would warrant the denial of the issuance of such license. Within five days following any such suspension, revocation or refusal to renew, the Village Clerk shall notify the licensee of the grounds for such action and shall give the licensee an opportunity to appeal such action within 15 days following the date of such notice. Upon the hearing of such appeal, which shall be held by the Village Board, testimony shall be taken under oath and final action determined.
Reports by Police Chief. The Police Chief shall file reports with the Village Clerk advising the conduct by a licensee, or employees thereof, which may constitute a basis for disciplinary action. The Village Clerk, at license renewal time, or at any earlier time deemed appropriate, shall bring such matters to the attention of the Village Board for its consideration.
Scope of license. A licensed massage therapist may perform massage therapy at a site appropriately zoned for the business and possessing a valid occupancy permit from the Community Development Department or at the place of residence or business of a client receiving massage therapy. Massage therapy shall not be performed as a home occupation in a residentially zoned district.
Criteria/requirements for license issuance.
An applicant for massage therapist license shall comply with the following as a condition of being licensed:
Be 18 years of age or older, verified by a birth certificate or driver's license.
Be of good moral character.
Provide verification of immunization against Rubella and Hepatitis B at the time of original application. Provide verification of negative results of tuberculosis through Mantoux PPD Test or chest X-ray performed within 90 days of the date of application at time of original application and each renewal application. In the case of positive results, there must be a physician's statement that the condition is not contagious.
Graduate from a school providing a minimum of 500 in-class hours of training in massage therapy in a curriculum approved by or substantially similar to a curriculum approved by the American Massage Therapy Association, the International Myomassethics Federation, Inc., or another national or international professional massage therapy organization which has an approved massage therapy curriculum. The applicant must provide the Village Clerk with documentation of satisfactory completion of a course having an appropriate curriculum.
Have and maintain in full force and effect during the license term a policy of malpractice insurance written by an insurance company license to do business in the State of Wisconsin, and verified by a certificate of insurance, in an amount of no less than $1,000,000 in coverage per person.
License. The Village Clerk shall issue to each massage therapist granted a license under this chapter a plastic identification card which shall include the photograph of the licensee along with his/her signature, name, address, date of birth, physical description, type of license and date of expiration. A massage therapist shall keep his/her massage therapist identification card in his/her possession at all times while engaged in massage or offering to engage in massage under this chapter.
Overlapping licenses. This chapter regulating massage therapists shall not be construed as restraining or restricting the performance of acts within the definition of massage therapy by state-licensed health care professionals not licensed hereunder, when such acts are within the scope of their license.
Required abbreviations and title in advertising. Licensed massage therapists shall, in their advertisements, use one of the following: "Village of Pleasant Prairie LMT" or "Village of Pleasant Prairie Licensed Massage Therapist." It shall be unlawful for persons not licenses by the Village of Pleasant Prairie to use said designations in any advertisement.
Violations. Each calendar day a violation of this chapter continues shall be considered a separate offense.
In addition to the suspension or revocation of a license issued under this chapter, any person who shall violate any provision of this chapter or any regulation, rule or order made hereunder shall be subject to a penalty as provided by Chapter 1, § 1-4, of the Code of the Village of Pleasant Prairie.