Registration and Regulation Committee
Adopted in House Comm. on Mar 04, 2004
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1 | AMENDMENT TO HOUSE BILL 5891
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2 | AMENDMENT NO. ______. Amend House Bill 5891 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Massage Licensing Act is amended by | ||||||
5 | changing Sections 15 and 20 as follows:
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6 | (225 ILCS 57/15)
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7 | (Section scheduled to be repealed on January 1, 2012)
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8 | Sec. 15. Licensure requirements.
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9 | (a) Beginning January 1, 2005,
persons
engaged in massage | ||||||
10 | for
compensation
must be licensed by the Department. The | ||||||
11 | Department shall issue a license to
an individual who meets all | ||||||
12 | of the following requirements:
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13 | (1) The applicant has applied in writing on the | ||||||
14 | prescribed forms and has
paid the
required fees.
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15 | (2) The applicant is at least 18 years of age and of | ||||||
16 | good moral character.
In
determining good
moral character, | ||||||
17 | the Department may take into consideration
conviction of | ||||||
18 | any crime under the laws of the United States or any state | ||||||
19 | or
territory
thereof that is a felony or a misdemeanor or | ||||||
20 | any crime that is directly related
to the practice of the | ||||||
21 | profession.
Such a conviction shall not operate | ||||||
22 | automatically as a complete
bar to a license,
except in the | ||||||
23 | case of any conviction for prostitution, rape, or sexual
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24 | misconduct,
or where the applicant is a registered sex |
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1 | offender.
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2 | (3) The applicant has met one of the following | ||||||
3 | requirements:
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4 | (A) has successfully completed the curriculum or | ||||||
5 | curriculums of one or
more massage therapy schools | ||||||
6 | approved by the Department that require
a minimum
of | ||||||
7 | 500 hours
and has
passed a
competency examination
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8 | approved by the Department;
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9 | (B) holds a current license from another | ||||||
10 | jurisdiction having licensure
requirements that meet | ||||||
11 | or exceed those defined within this Act; or
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12 | (C) has moved to Illinois from a jurisdiction with | ||||||
13 | no licensure
requirement and has
provided | ||||||
14 | documentation that he or she has successfully passed | ||||||
15 | the
National Certification Board of Therapeutic | ||||||
16 | Massage and Bodywork's examination
or another
massage | ||||||
17 | therapist certifying examination approved by the | ||||||
18 | Department
and maintains current certification.
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19 | (b) Each applicant for licensure as a massage therapist | ||||||
20 | shall have his or her fingerprints submitted to the Department | ||||||
21 | of State Police in an electronic format that complies with the | ||||||
22 | form and manner for requesting and furnishing criminal history | ||||||
23 | record information as prescribed by the Department of State | ||||||
24 | Police. These fingerprints shall be checked against the | ||||||
25 | Department of State Police and Federal Bureau of Investigation | ||||||
26 | criminal history record databases now and hereafter filed. The | ||||||
27 | Department of State Police shall charge applicants a fee for | ||||||
28 | conducting the criminal history records check, which shall be | ||||||
29 | deposited into the State Police Services Fund and shall not | ||||||
30 | exceed the actual cost of the records check. The Department of | ||||||
31 | State Police shall furnish, pursuant to positive | ||||||
32 | identification, records of Illinois convictions to the | ||||||
33 | Department. The Department may require applicants to pay a | ||||||
34 | separate fingerprinting fee, either to the Department or to a |
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1 | vendor. The Department, in its discretion, may allow an | ||||||
2 | applicant who does not have reasonable access to a designated | ||||||
3 | vendor to provide his or her fingerprints in an alternative | ||||||
4 | manner. The Department may adopt any rules necessary to | ||||||
5 | implement this Section.
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6 | (Source: P.A. 92-860, eff. 6-1-03; 93-524, eff. 8-12-03.)
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7 | (225 ILCS 57/20)
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8 | (Section scheduled to be repealed on January 1, 2012)
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9 | Sec. 20. Grandfathering provision.
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10 | (a) For a period of one year after the effective date of | ||||||
11 | the rules adopted
under this Act, the
Department may issue a | ||||||
12 | license to an individual who, in addition to meeting the
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13 | requirements set forth in paragraphs (1) and (2) of subsection | ||||||
14 | (a) and subsection (b) of Section 15, produces
proof that he or | ||||||
15 | she has met at least one of the following requirements before
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16 | the effective date of this Act:
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17 | (1) has been an active member, for a period of at least | ||||||
18 | one year prior to
the
application for licensure, of a | ||||||
19 | national professional massage therapy
organization | ||||||
20 | established prior to the year 2000, which offers | ||||||
21 | professional
liability insurance and a code of ethics;
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22 | (2) has passed the National Certification Exam of | ||||||
23 | Therapeutic Massage and
Bodywork and has kept his or her | ||||||
24 | certification current;
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25 | (3) has practiced massage therapy an average of at | ||||||
26 | least 10 hours per week
for at least 10 years; or
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27 | (4) has practiced massage therapy an average of at | ||||||
28 | least 10 hours per week
for at least one year prior to the | ||||||
29 | effective date of this Act and has
completed
at least 100 | ||||||
30 | hours of formal training in massage therapy.
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31 | (b) An applicant who can show proof of having engaged in | ||||||
32 | the
practice of
massage therapy
for at least 10 hours per week | ||||||
33 | for a minimum of one year prior to the effective
date of this |
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1 | Act and has less than 100
hours of formal training or has been | ||||||
2 | practicing for less than one year with
100
hours of formal | ||||||
3 | training must
complete at least 100 additional hours of formal
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4 | training consisting of at least 25 hours in anatomy and | ||||||
5 | physiology by January
1, 2005.
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6 | (c) An applicant who has training from another state or | ||||||
7 | country may
qualify for a license under subsection (a)
by | ||||||
8 | showing proof
of meeting the
requirements of that state or | ||||||
9 | country and demonstrating that those requirements
are | ||||||
10 | substantially the same as the
requirements in this Section.
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11 | (d) For purposes of this Section, "formal training" means a | ||||||
12 | massage therapy
curriculum approved by
the Illinois State Board | ||||||
13 | of Education
or the Illinois Board of Higher Education or
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14 | course work provided by continuing education sponsors approved | ||||||
15 | by the
Department.
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16 | (Source: P.A. 92-860, eff. 6-1-03; 93-524, eff. 8-12-03.)".
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