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ORD1999985COMMON COUNCIL - CITY OF MUSKEG0 ORDINANCE #98S AN ORDINANCE TO CREATE SECTION 12.2 1 OF THE MUNICIPAL CODE OF THE CITY OF MUSKEG0 (Massage Therapist) The Common Council of the City of Muskego, Waukesha County, Wisconsin, do ordain as follows: SECTION 1 : Chapter 12, Section 2 1 of the Municipal Code of the City of Muskego, Wisconsin is hereby created to read as follows: 12.21 Massage Therapists This ordinance is intended to insure persons who engage in the practice of massage or body work or massage therapy are registered as required by the State of Wisconsin. (I) DEFINITIONS For the purpose of this ordinance, the following words and phrase shall mean: (a) “Bodyworker” means any person who engages in massage therapy or bodywork. (b) “Massage” shall include holding, positioning, rocking, kneading, compressing, decompressing, gliding or percussing the soft tissue of the human body and applying friction to soft tissue. (c) “Massage Therapist” means a person who performs massage therapy, engages in the practice of massage or bodyworks and is currently registered as a massage therapist or bodyworker with the State of Wisconsin Department of Regulation and Licensing. (d) “Massage Therapy or Bodywork” I. The science and healing art that uses manual actions to palpate and manipulate the soft tissue of the human body and includes determining whether massage therapy or bodywork is appropriate or contraindicated, or whether a referral to another health care practitioner is appropriate. Ord. #985 2. Does not include any of the following: a. Making a medical diagnosis. b. Instructing in or prescribing rehabilitative strengthening or conditioning exercises that are within the practice of physical therapy, as defined in Section 448.50 (4) Wi. Stats. (2) EXEMPTIONS This chapter shall not apply to the following individuals while engaged in the personal performance of the duties of their respective professions: (a) Medical doctors, doctors of chiropractic medicine, doctors of osteopathy, physical therapists, physicians’ assistant or nurses who are duly licensed to practice their respective professions in the state of Wisconsin. (b) Barbers and beauticians who are duly licensed under the laws of this State, except that this exemption shall apply solely to the massage of the neck, face, scalp, hair, hands and feet of their clients. (c) Coaches and trainers employed by accredited high schools, colleges, or amateur, semi-professional or professional athletic teams and acting within the scope of their employment. (d) This chapter shall not apply to hospitals or licensed nursing homes or persons working within hospitals or licensed nursing homes who administer massage therapy under the direct supervision and control of the hospital or licensed nursing home administration, as the case may be. (3) PROHIBITED ACTIVITY No person shall engage in the business of the practice of massage, bodyworks, or massage therapy without first being officially registered with the State of Wisconsin Department of Regulations and Licensing as a massage therapist or bodyworker. Ord. #985 . e. (4) PENALTY Any person who shall violate any provision of this Chapter shall be subject to a penalty as provided in Section 25.04 of this Municipal Code. SECTION 2: The several sections of this ordinance are declared to be severable. If any section or portion thereof shall be declared by a decision of a court of competent jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision, and not affect the validity of all other provisions, sections, or portion thereof of the ordinance which shall remain in full force and effect. Any other ordinance whose terms are in conflict with the provisions of this ordinance are hereby repealed as to those terms that conflict. SECTION 3: This ordinance shall be in full force and effect from and after passage and publication. PASSED AND APPROVED THIS e DAY OF JUNE ,1999 CITY OF MUSKEG0 A First Reading: 5/25/99 Published this 17Ih day of June, 1999. ATTEST. Fwd- rk Treasurer 5l99aw STATE OF WISCONSIN ) ) ss. .l Milwaukee County 1 Offtiai Notice Sume Sobczyk being duly sworn, doth depose and say that she is an authorized representative of The MUSKEGO SUN, a newspaper published at MUSKEGO, Wisconsin and that an advertisement of which the annexed is a true copy, taken from the said paper, was published therein on ... .......... ......... .............. ... ... (Signed). , ....... KEEPER o me before this.. I ... %&. ... day ................ ........., 1 9%. ....... n IIA r