093_SB0255sam001
LRB093 05751 AMC 14132 a
1 AMENDMENT TO SENATE BILL 255
2 AMENDMENT NO. . Amend Senate Bill 255 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Massage Licensing Act is amended by
5 changing Sections 10, 15, 20, 35, 55, 90, and 160 as follows:
6 (225 ILCS 57/10)
7 (Section scheduled to be repealed on January 1, 2012)
8 Sec. 10. Definitions. As used in this Act:
9 "Approved massage school" means a facility which meets
10 minimum standards for training and curriculum as determined
11 by the Department.
12 "Board" means the Massage Licensing Therapy Board
13 appointed by the Director.
14 "Compensation" means the payment, loan, advance,
15 donation, contribution, deposit, or gift of money or anything
16 of value.
17 "Department" means the Department of Professional
18 Regulation.
19 "Director" means the Director of Professional Regulation.
20 "Massage" or "massage therapy" means a system of
21 structured palpation or movement of the soft tissue of the
22 body. The system may include, but is not limited to,
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1 techniques such as effleurage or stroking and gliding,
2 petrissage or kneading, tapotement or percussion, friction,
3 vibration, compression, and stretching activities as they
4 pertain to massage therapy. These techniques may be applied
5 by a licensed massage therapist with or without the aid of
6 lubricants, salt or herbal preparations, hydromassage,
7 thermal massage, or a massage device that mimics or enhances
8 the actions possible by human hands. The purpose of the
9 practice of massage, as licensed under this Act, is to
10 enhance the general health and well-being of the mind and
11 body of the recipient. "Massage" does not include the
12 diagnosis of a specific pathology. "Massage" does not include
13 those acts of physical therapy or therapeutic or corrective
14 measures that are outside the scope of massage therapy
15 practice as defined in this Section.
16 "Massage therapist" means a person who is licensed by the
17 Department and administers massage for compensation.
18 "Professional massage or bodywork therapy association"
19 means a state or nationally chartered organization that is
20 devoted to the massage specialty and therapeutic approach and
21 meets the following requirements:
22 (1) The organization requires that its members meet
23 minimum educational requirements. The educational
24 requirements must include anatomy, physiology, hygiene,
25 sanitation, ethics, technical theory, and application of
26 techniques.
27 (2) The organization has an established code of
28 ethics and has procedures for the suspension and
29 revocation of membership of persons violating the code of
30 ethics.
31 (Source: P.A. 92-860, eff. 6-1-03.)
32 (225 ILCS 57/15)
33 (Section scheduled to be repealed on January 1, 2012)
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1 Sec. 15. Licensure requirements. Beginning January 1,
2 2005 2004, persons engaged in massage for compensation must
3 be licensed by the Department. The Department shall issue a
4 license to an individual who meets all of the following
5 requirements:
6 (1) The applicant has applied in writing on the
7 prescribed forms and has paid the required fees.
8 (2) The applicant is at least 18 years of age and
9 of good moral character. In determining good moral
10 character, the Department may take into consideration
11 conviction of any crime under the laws of the United
12 States or any state or territory thereof that is a felony
13 or a misdemeanor or any crime that is directly related to
14 the practice of the profession. Such a conviction shall
15 not operate automatically as a complete bar to a license,
16 except in the case of any conviction for prostitution,
17 rape, or sexual misconduct, or where the applicant is a
18 registered sex offender.
19 (3) The applicant has met one of the following
20 requirements:
21 (A) has successfully completed the curriculum
22 or curriculums of one or more massage therapy
23 schools approved by the Department that require a
24 minimum of 500 hours and has passed a competency
25 examination approved by the Department;
26 (B) holds a current license from another
27 jurisdiction having licensure requirements that meet
28 or exceed those defined within this Act; or
29 (C) has moved to Illinois from a jurisdiction
30 with no licensure requirement and has provided
31 documentation that he or she has successfully passed
32 the National Certification Board of Therapeutic
33 Massage and Bodywork's examination or another
34 massage therapist certifying examination approved by
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1 the Department and maintains current certification.
2 (Source: P.A. 92-860, eff. 6-1-03.)
3 (225 ILCS 57/20)
4 (Section scheduled to be repealed on January 1, 2012)
5 Sec. 20. Grandfathering provision.
6 (a) For a period of one year after the effective date of
7 the rules adopted under this Act, the Department may issue a
8 license to an individual who, in addition to meeting the
9 requirements set forth in paragraphs (1) and (2) of Section
10 15, produces proof that he or she has met at least one of the
11 following requirements before the effective date of this Act:
12 (1) has been an active member, for a period of at
13 least one year prior to the application for licensure, of
14 a national professional massage therapy organization
15 established prior to the year 2000, which offers
16 professional liability insurance and a code of ethics;
17 (2) has passed the National Certification Exam of
18 Therapeutic Massage and Bodywork and has kept his or her
19 certification current;
20 (3) has practiced massage therapy an average of at
21 least 10 hours per week for at least 10 years; or
22 (4) has practiced massage therapy an average of at
23 least 10 hours per week for at least one year prior to
24 the effective date of this Act and has completed at
25 least 100 hours of formal training in massage therapy.
26 (b) An applicant who can show proof of having engaged in
27 the practice of massage therapy for at least 10 hours per
28 week for a minimum of one year prior to the effective date of
29 this Act and has less than 100 hours of formal training or
30 has been practicing for less than one year with 100 hours of
31 formal training must complete at least 100 additional hours
32 of formal training consisting of at least 25 hours in anatomy
33 and physiology by January 1, 2005 2004.
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1 (c) An applicant who has training from another state or
2 country may qualify for a license under subsection (a) by
3 showing proof of meeting the requirements of that state or
4 country and demonstrating that those requirements are
5 substantially the same as the requirements in this Section.
6 (d) For purposes of this Section, "formal training" means
7 a massage therapy curriculum approved by the Illinois State
8 Board of Education or the Illinois Board of Higher Education
9 or course work provided by continuing education sponsors
10 approved by the Department.
11 (Source: P.A. 92-860, eff. 6-1-03.)
12 (225 ILCS 57/35)
13 (Section scheduled to be repealed on January 1, 2012)
14 Sec. 35. Massage Licensing Board.
15 (a) The Director shall appoint a Massage Licensing
16 Board, which shall serve in an advisory capacity to the
17 Director. The Board shall consist of 7 members, of whom 6
18 shall be massage therapists with at least 3 years of
19 experience in massage. One of the massage therapist members
20 shall represent a massage therapy school from the private
21 sector and one of the massage therapist members shall
22 represent a massage therapy school from the public sector.
23 One member of the Board shall be a member of the public who
24 is not licensed under this Act or a similar Act in Illinois
25 or another jurisdiction. Membership on the Board shall
26 reasonably reflect the various massage therapy and non-exempt
27 bodywork organizations. Membership on the Board shall
28 reasonably reflect the geographic areas of the State.
29 (b) Members shall be appointed to a 3-year term, except
30 that initial appointees shall serve the following terms: 2
31 members including the non-voting member shall serve for one
32 year, 2 members shall serve for 2 years, and 3 members shall
33 serve for 3 years. A member whose term has expired shall
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1 continue to serve until his or her successor is appointed.
2 No member shall be reappointed to the Board for a term that
3 would cause his or her continuous service on the Board to
4 exceed 9 years. Appointments to fill vacancies shall be made
5 in the same manner as the original appointments for the
6 unexpired portion of the vacated term.
7 (c) The members of the Board are entitled to receive
8 compensation for all legitimate and necessary expenses
9 incurred while attending Board and Department meetings.
10 (d) Members of the Board shall be immune from suit in
11 any action based upon any disciplinary proceedings or other
12 activities performed in good faith as members of the Board.
13 (e) The Director shall consider the recommendations of
14 the Board on questions involving the standards of
15 professional conduct, discipline, and qualifications of
16 candidates and licensees under this Act. Nothing shall limit
17 the ability of the Board to provide recommendations to the
18 Director in regard to any matter affecting the administration
19 of this Act. The Director shall give due consideration to
20 all recommendations of the Board. If the Director takes
21 action contrary to a recommendation of the Board, the
22 Director shall provide a written explanation of that action.
23 (f) The Director may terminate the appointment of any
24 member for cause which, in the opinion of the Director
25 reasonably justifies termination, which may include, but is
26 not limited to, a Board member who does not attend 2
27 (Source: P.A. 92-860, eff. 6-1-03.)
28 (225 ILCS 57/55)
29 (Section scheduled to be repealed on January 1, 2012)
30 Sec. 55. Exclusive jurisdiction. Beginning January 1,
31 2005 2004, the regulation and licensing of massage therapy is
32 an exclusive power and function of the State. Beginning
33 January 1, 2005 2004, a home rule unit may not regulate or
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1 license massage therapists. This Section is a denial and
2 limitation of home rule powers and functions under subsection
3 (h) of Section 6 of Article VII of the Illinois Constitution.
4 (Source: P.A. 92-860, eff. 6-1-03.)
5 (225 ILCS 57/90)
6 (Section scheduled to be repealed on January 1, 2012)
7 Sec. 90. Violations; injunction; cease and desist
8 order.
9 (a) If any person violates a provision of this Act, the
10 Director may, in the name of the People of the State of
11 Illinois, through the Attorney General of the State of
12 Illinois or the State's Attorney in the county in which the
13 offense occurs, petition for an order enjoining the violation
14 or for an order enforcing compliance with this Act. Upon the
15 filing of a verified petition in court, the court may issue a
16 temporary restraining order, without notice or bond, and may
17 preliminarily and permanently enjoin the violation. If it is
18 established that the person has violated or is violating the
19 injunction, the court may punish the offender for contempt of
20 court. Proceedings under this Section shall be in addition
21 to, and not in lieu of, all other remedies and penalties
22 provided by this Act.
23 (b) If, after January 1, 2005 2004, any person practices
24 as a massage therapist or holds himself or herself out as a
25 massage therapist without being licensed under the provisions
26 of this Act, then the Director, any licensed massage
27 therapist, any interested party, or any person injured
28 thereby may petition for relief as provided in subsection
29 (a) of this Section or may apply to the circuit court of the
30 county in which the violation or some part thereof occurred,
31 or in which the person complained of has his or her principal
32 place of business or resides, to prevent the violation. The
33 court has jurisdiction to enforce obedience by injunction or
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1 by other process restricting the person complained of from
2 further violation and enjoining upon him or her obedience.
3 (c) Whenever, in the opinion of the Department, a person
4 violates any provision of this Act, the Department may issue
5 a rule to show cause why an order to cease and desist should
6 not be entered against him. The rule shall clearly set forth
7 the grounds relied upon by the Department and shall provide a
8 period of 7 days from the date of the rule to file an answer
9 to the satisfaction of the Department. Failure to answer to
10 the satisfaction of the Department shall cause an order to
11 cease and desist to be issued immediately.
12 (Source: P.A. 92-860, eff. 6-1-03.)
13 (225 ILCS 57/160)
14 (Section scheduled to be repealed on January 1, 2012)
15 Sec. 160. Returned checks; fines. Any person who
16 delivers a check or other payment to the Department that is
17 returned to the Department unpaid by the financial
18 institution upon which it is drawn shall pay to the
19 Department, in addition to the amount already owed to the
20 Department, a fine of $50. If the check or other payment was
21 for a renewal or issuance fee and that person practices
22 without paying the renewal fee or issuance fee and the fine
23 due, an additional fine of $100 shall be imposed. The fines
24 imposed by this Section are in addition to any other
25 discipline provided under this Act for unlicensed practice or
26 practice on a nonrenewed license. The Department shall notify
27 the person that payment of fees and fines shall be paid to
28 the Department by certified check or money order within 30
29 calendar days of the notification. If, after the expiration
30 of 30 days from the date of the notification, the person has
31 failed to submit the necessary remittance, the Department
32 shall automatically terminate the license or deny the
33 application, without hearing. If, after termination or
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1 denial, the person seeks a license, he or she shall apply to
2 the Department for restoration or issuance of the license and
3 pay all fees and fines due to the Department. The Department
4 may establish a fee for the processing of an application for
5 restoration of a license to pay all expenses of processing
6 this application. The Director may waive the fines due under
7 this Section in individual cases where the Director finds
8 that the fines would be unreasonable or unnecessarily
9 burdensome.
10 (Source: P.A. 92-860, eff. 6-1-03.)
11 Section 99. Effective date. This Act takes effect on
12 June 1, 2003.".