Public Act 93-0524
SB255 Enrolled LRB093 05751 LRD 05844 b
AN ACT in relation to the regulation of professions.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Massage Licensing Act is amended by
changing Sections 10, 15, 20, 35, 55, 90, and 160 as follows:
(225 ILCS 57/10)
(Section scheduled to be repealed on January 1, 2012)
Sec. 10. Definitions. As used in this Act:
"Approved massage school" means a facility which meets
minimum standards for training and curriculum as determined
by the Department.
"Board" means the Massage Licensing Therapy Board
appointed by the Director.
"Compensation" means the payment, loan, advance,
donation, contribution, deposit, or gift of money or anything
of value.
"Department" means the Department of Professional
Regulation.
"Director" means the Director of Professional Regulation.
"Massage" or "massage therapy" means a system of
structured palpation or movement of the soft tissue of the
body. The system may include, but is not limited to,
techniques such as effleurage or stroking and gliding,
petrissage or kneading, tapotement or percussion, friction,
vibration, compression, and stretching activities as they
pertain to massage therapy. These techniques may be applied
by a licensed massage therapist with or without the aid of
lubricants, salt or herbal preparations, hydromassage,
thermal massage, or a massage device that mimics or enhances
the actions possible by human hands. The purpose of the
practice of massage, as licensed under this Act, is to
enhance the general health and well-being of the mind and
body of the recipient. "Massage" does not include the
diagnosis of a specific pathology. "Massage" does not include
those acts of physical therapy or therapeutic or corrective
measures that are outside the scope of massage therapy
practice as defined in this Section.
"Massage therapist" means a person who is licensed by the
Department and administers massage for compensation.
"Professional massage or bodywork therapy association"
means a state or nationally chartered organization that is
devoted to the massage specialty and therapeutic approach and
meets the following requirements:
(1) The organization requires that its members meet
minimum educational requirements. The educational
requirements must include anatomy, physiology, hygiene,
sanitation, ethics, technical theory, and application of
techniques.
(2) The organization has an established code of
ethics and has procedures for the suspension and
revocation of membership of persons violating the code of
ethics.
(Source: P.A. 92-860, eff. 6-1-03.)
(225 ILCS 57/15)
(Section scheduled to be repealed on January 1, 2012)
Sec. 15. Licensure requirements. Beginning January 1,
2005 2004, persons engaged in massage for compensation must
be licensed by the Department. The Department shall issue a
license to an individual who meets all of the following
requirements:
(1) The applicant has applied in writing on the
prescribed forms and has paid the required fees.
(2) The applicant is at least 18 years of age and
of good moral character. In determining good moral
character, the Department may take into consideration
conviction of any crime under the laws of the United
States or any state or territory thereof that is a felony
or a misdemeanor or any crime that is directly related to
the practice of the profession. Such a conviction shall
not operate automatically as a complete bar to a license,
except in the case of any conviction for prostitution,
rape, or sexual misconduct, or where the applicant is a
registered sex offender.
(3) The applicant has met one of the following
requirements:
(A) has successfully completed the curriculum
or curriculums of one or more massage therapy
schools approved by the Department that require a
minimum of 500 hours and has passed a competency
examination approved by the Department;
(B) holds a current license from another
jurisdiction having licensure requirements that meet
or exceed those defined within this Act; or
(C) has moved to Illinois from a jurisdiction
with no licensure requirement and has provided
documentation that he or she has successfully passed
the National Certification Board of Therapeutic
Massage and Bodywork's examination or another
massage therapist certifying examination approved by
the Department and maintains current certification.
(Source: P.A. 92-860, eff. 6-1-03.)
(225 ILCS 57/20)
(Section scheduled to be repealed on January 1, 2012)
Sec. 20. Grandfathering provision.
(a) For a period of one year after the effective date of
the rules adopted under this Act, the Department may issue a
license to an individual who, in addition to meeting the
requirements set forth in paragraphs (1) and (2) of Section
15, produces proof that he or she has met at least one of the
following requirements before the effective date of this Act:
(1) has been an active member, for a period of at
least one year prior to the application for licensure, of
a national professional massage therapy organization
established prior to the year 2000, which offers
professional liability insurance and a code of ethics;
(2) has passed the National Certification Exam of
Therapeutic Massage and Bodywork and has kept his or her
certification current;
(3) has practiced massage therapy an average of at
least 10 hours per week for at least 10 years; or
(4) has practiced massage therapy an average of at
least 10 hours per week for at least one year prior to
the effective date of this Act and has completed at
least 100 hours of formal training in massage therapy.
(b) An applicant who can show proof of having engaged in
the practice of massage therapy for at least 10 hours per
week for a minimum of one year prior to the effective date of
this Act and has less than 100 hours of formal training or
has been practicing for less than one year with 100 hours of
formal training must complete at least 100 additional hours
of formal training consisting of at least 25 hours in anatomy
and physiology by January 1, 2005 2004.
(c) An applicant who has training from another state or
country may qualify for a license under subsection (a) by
showing proof of meeting the requirements of that state or
country and demonstrating that those requirements are
substantially the same as the requirements in this Section.
(d) For purposes of this Section, "formal training" means
a massage therapy curriculum approved by the Illinois State
Board of Education or the Illinois Board of Higher Education
or course work provided by continuing education sponsors
approved by the Department.
(Source: P.A. 92-860, eff. 6-1-03.)
(225 ILCS 57/35)
(Section scheduled to be repealed on January 1, 2012)
Sec. 35. Massage Licensing Board.
(a) The Director shall appoint a Massage Licensing
Board, which shall serve in an advisory capacity to the
Director. The Board shall consist of 7 members, of whom 6
shall be massage therapists with at least 3 years of
experience in massage. One of the massage therapist members
shall represent a massage therapy school from the private
sector and one of the massage therapist members shall
represent a massage therapy school from the public sector.
One member of the Board shall be a member of the public who
is not licensed under this Act or a similar Act in Illinois
or another jurisdiction. Membership on the Board shall
reasonably reflect the various massage therapy and non-exempt
bodywork organizations. Membership on the Board shall
reasonably reflect the geographic areas of the State.
(b) Members shall be appointed to a 3-year term, except
that initial appointees shall serve the following terms: 2
members including the non-voting member shall serve for one
year, 2 members shall serve for 2 years, and 3 members shall
serve for 3 years. A member whose term has expired shall
continue to serve until his or her successor is appointed.
No member shall be reappointed to the Board for a term that
would cause his or her continuous service on the Board to
exceed 9 years. Appointments to fill vacancies shall be made
in the same manner as the original appointments for the
unexpired portion of the vacated term.
(c) The members of the Board are entitled to receive
compensation for all legitimate and necessary expenses
incurred while attending Board and Department meetings.
(d) Members of the Board shall be immune from suit in
any action based upon any disciplinary proceedings or other
activities performed in good faith as members of the Board.
(e) The Director shall consider the recommendations of
the Board on questions involving the standards of
professional conduct, discipline, and qualifications of
candidates and licensees under this Act. Nothing shall limit
the ability of the Board to provide recommendations to the
Director in regard to any matter affecting the administration
of this Act. The Director shall give due consideration to
all recommendations of the Board. If the Director takes
action contrary to a recommendation of the Board, the
Director shall provide a written explanation of that action.
(f) The Director may terminate the appointment of any
member for cause which, in the opinion of the Director
reasonably justifies termination, which may include, but is
not limited to, a Board member who does not attend 2
consecutive meetings.
(Source: P.A. 92-860, eff. 6-1-03.)
(225 ILCS 57/55)
(Section scheduled to be repealed on January 1, 2012)
Sec. 55. Exclusive jurisdiction. Beginning January 1,
2005 2004, the regulation and licensing of massage therapy is
an exclusive power and function of the State. Beginning
January 1, 2005 2004, a home rule unit may not regulate or
license massage therapists. This Section is a denial and
limitation of home rule powers and functions under subsection
(h) of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 92-860, eff. 6-1-03.)
(225 ILCS 57/90)
(Section scheduled to be repealed on January 1, 2012)
Sec. 90. Violations; injunction; cease and desist
order.
(a) If any person violates a provision of this Act, the
Director may, in the name of the People of the State of
Illinois, through the Attorney General of the State of
Illinois or the State's Attorney in the county in which the
offense occurs, petition for an order enjoining the violation
or for an order enforcing compliance with this Act. Upon the
filing of a verified petition in court, the court may issue a
temporary restraining order, without notice or bond, and may
preliminarily and permanently enjoin the violation. If it is
established that the person has violated or is violating the
injunction, the court may punish the offender for contempt of
court. Proceedings under this Section shall be in addition
to, and not in lieu of, all other remedies and penalties
provided by this Act.
(b) If, after January 1, 2005 2004, any person practices
as a massage therapist or holds himself or herself out as a
massage therapist without being licensed under the provisions
of this Act, then the Director, any licensed massage
therapist, any interested party, or any person injured
thereby may petition for relief as provided in subsection
(a) of this Section or may apply to the circuit court of the
county in which the violation or some part thereof occurred,
or in which the person complained of has his or her principal
place of business or resides, to prevent the violation. The
court has jurisdiction to enforce obedience by injunction or
by other process restricting the person complained of from
further violation and enjoining upon him or her obedience.
(c) Whenever, in the opinion of the Department, a person
violates any provision of this Act, the Department may issue
a rule to show cause why an order to cease and desist should
not be entered against him. The rule shall clearly set forth
the grounds relied upon by the Department and shall provide a
period of 7 days from the date of the rule to file an answer
to the satisfaction of the Department. Failure to answer to
the satisfaction of the Department shall cause an order to
cease and desist to be issued immediately.
(Source: P.A. 92-860, eff. 6-1-03.)
(225 ILCS 57/160)
(Section scheduled to be repealed on January 1, 2012)
Sec. 160. Returned checks; fines. Any person who
delivers a check or other payment to the Department that is
returned to the Department unpaid by the financial
institution upon which it is drawn shall pay to the
Department, in addition to the amount already owed to the
Department, a fine of $50. If the check or other payment was
for a renewal or issuance fee and that person practices
without paying the renewal fee or issuance fee and the fine
due, an additional fine of $100 shall be imposed. The fines
imposed by this Section are in addition to any other
discipline provided under this Act for unlicensed practice or
practice on a nonrenewed license. The Department shall notify
the person that payment of fees and fines shall be paid to
the Department by certified check or money order within 30
calendar days of the notification. If, after the expiration
of 30 days from the date of the notification, the person has
failed to submit the necessary remittance, the Department
shall automatically terminate the license or deny the
application, without hearing. If, after termination or
denial, the person seeks a license, he or she shall apply to
the Department for restoration or issuance of the license and
pay all fees and fines due to the Department. The Department
may establish a fee for the processing of an application for
restoration of a license to pay all expenses of processing
this application. The Director may waive the fines due under
this Section in individual cases where the Director finds
that the fines would be unreasonable or unnecessarily
burdensome.
(Source: P.A. 92-860, eff. 6-1-03.)
Section 99. Effective date. This Act takes effect on
June 1, 2003.