093_SB0255enr

 
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 1        AN ACT in relation to the regulation of professions.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 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 7        (Section scheduled to be repealed on January 1, 2012)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,
23    techniques  such  as  effleurage  or  stroking  and  gliding,
24    petrissage  or  kneading, tapotement or percussion, friction,
25    vibration, compression, and  stretching  activities  as  they
26    pertain  to massage therapy.  These techniques may be applied
27    by a licensed massage therapist with or without  the  aid  of
28    lubricants,   salt   or  herbal  preparations,  hydromassage,
29    thermal massage, or a massage device that mimics or  enhances
30    the  actions  possible  by  human  hands.  The purpose of the
31    practice of massage,  as  licensed  under  this  Act,  is  to
 
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 1    enhance  the  general  health  and well-being of the mind and
 2    body  of  the  recipient.  "Massage"  does  not  include  the
 3    diagnosis of a specific pathology. "Massage" does not include
 4    those acts of physical therapy or therapeutic  or  corrective
 5    measures  that  are  outside  the  scope  of  massage therapy
 6    practice as defined in this Section.
 7        "Massage therapist" means a person who is licensed by the
 8    Department and administers massage for compensation.
 9        "Professional massage or  bodywork  therapy  association"
10    means  a  state  or nationally chartered organization that is
11    devoted to the massage specialty and therapeutic approach and
12    meets the following requirements:
13             (1)  The organization requires that its members meet
14        minimum   educational   requirements.   The   educational
15        requirements must include anatomy,  physiology,  hygiene,
16        sanitation,  ethics, technical theory, and application of
17        techniques.
18             (2)  The organization has  an  established  code  of
19        ethics   and   has  procedures  for  the  suspension  and
20        revocation of membership of persons violating the code of
21        ethics.
22    (Source: P.A. 92-860, eff. 6-1-03.)

23        (225 ILCS 57/15)
24        (Section scheduled to be repealed on January 1, 2012)
25        Sec. 15.  Licensure requirements.  Beginning  January  1,
26    2005  2004,  persons engaged in massage for compensation must
27    be licensed by the Department.  The Department shall issue  a
28    license  to  an  individual  who  meets  all of the following
29    requirements:
30             (1)  The applicant has applied  in  writing  on  the
31        prescribed forms and has paid the required fees.
32             (2)  The  applicant  is at least 18 years of age and
33        of good moral  character.    In  determining  good  moral
 
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 1        character,  the  Department  may  take into consideration
 2        conviction of any crime under  the  laws  of  the  United
 3        States or any state or territory thereof that is a felony
 4        or a misdemeanor or any crime that is directly related to
 5        the  practice  of the profession. Such a conviction shall
 6        not operate automatically as a complete bar to a license,
 7        except in the case of any  conviction  for  prostitution,
 8        rape,  or  sexual misconduct, or where the applicant is a
 9        registered sex offender.
10             (3)  The applicant has  met  one  of  the  following
11        requirements:
12                  (A)  has  successfully completed the curriculum
13             or  curriculums  of  one  or  more  massage  therapy
14             schools approved by the Department  that  require  a
15             minimum  of  500  hours  and has passed a competency
16             examination approved by the Department;
17                  (B)  holds  a  current  license  from   another
18             jurisdiction having licensure requirements that meet
19             or exceed those defined within this Act; or
20                  (C)  has  moved to Illinois from a jurisdiction
21             with  no  licensure  requirement  and  has  provided
22             documentation that he or she has successfully passed
23             the  National  Certification  Board  of  Therapeutic
24             Massage  and  Bodywork's  examination   or   another
25             massage therapist certifying examination approved by
26             the Department and maintains current certification.
27    (Source: P.A. 92-860, eff. 6-1-03.)

28        (225 ILCS 57/20)
29        (Section scheduled to be repealed on January 1, 2012)
30        Sec. 20.  Grandfathering provision.
31        (a)  For a period of one year after the effective date of
32    the  rules adopted under this Act, the Department may issue a
33    license to an individual who,  in  addition  to  meeting  the
 
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 1    requirements  set  forth in paragraphs (1) and (2) of Section
 2    15, produces proof that he or she has met at least one of the
 3    following requirements before the effective date of this Act:
 4             (1) has been an active member, for a  period  of  at
 5        least one year prior to the application for licensure, of
 6        a  national  professional  massage  therapy  organization
 7        established   prior   to  the  year  2000,  which  offers
 8        professional liability insurance and a code of ethics;
 9             (2) has passed the National  Certification  Exam  of
10        Therapeutic  Massage and Bodywork and has kept his or her
11        certification current;
12             (3) has practiced massage therapy an average  of  at
13        least 10 hours per week for at least 10 years; or
14             (4)  has  practiced massage therapy an average of at
15        least 10 hours per week for at least one  year  prior  to
16        the  effective  date  of  this  Act  and has completed at
17        least 100 hours of formal training in massage therapy.
18        (b) An applicant who can show proof of having engaged  in
19    the  practice  of  massage  therapy for at least 10 hours per
20    week for a minimum of one year prior to the effective date of
21    this Act and has less than 100 hours of  formal  training  or
22    has  been practicing for less than one year with 100 hours of
23    formal training must complete at least 100  additional  hours
24    of formal training consisting of at least 25 hours in anatomy
25    and physiology by January 1, 2005 2004.
26        (c)  An  applicant who has training from another state or
27    country may qualify for a license  under  subsection  (a)  by
28    showing  proof  of  meeting the requirements of that state or
29    country  and  demonstrating  that  those   requirements   are
30    substantially the same as the requirements in this Section.
31        (d) For purposes of this Section, "formal training" means
32    a  massage  therapy curriculum approved by the Illinois State
33    Board of Education or the Illinois Board of Higher  Education
34    or  course  work  provided  by  continuing education sponsors
 
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 1    approved by the Department.
 2    (Source: P.A. 92-860, eff. 6-1-03.)

 3        (225 ILCS 57/35)
 4        (Section scheduled to be repealed on January 1, 2012)
 5        Sec. 35. Massage Licensing Board.
 6        (a)  The  Director  shall  appoint  a  Massage  Licensing
 7    Board, which shall serve  in  an  advisory  capacity  to  the
 8    Director.   The  Board  shall consist of 7 members, of whom 6
 9    shall  be  massage  therapists  with  at  least  3  years  of
10    experience in massage. One of the massage  therapist  members
11    shall  represent  a  massage  therapy school from the private
12    sector  and  one  of  the  massage  therapist  members  shall
13    represent a massage therapy school from  the  public  sector.
14    One  member  of the Board shall be a member of the public who
15    is not licensed under this Act or a similar Act  in  Illinois
16    or  another  jurisdiction.  Membership  on  the  Board  shall
17    reasonably reflect the various massage therapy and non-exempt
18    bodywork   organizations.   Membership  on  the  Board  shall
19    reasonably reflect the geographic areas of the State.
20        (b)  Members shall be appointed to a 3-year term,  except
21    that  initial  appointees  shall serve the following terms: 2
22    members including the non-voting member shall serve  for  one
23    year,  2 members shall serve for 2 years, and 3 members shall
24    serve for 3 years.  A member whose  term  has  expired  shall
25    continue  to  serve  until his or her successor is appointed.
26    No member shall be reappointed to the Board for a  term  that
27    would  cause  his  or  her continuous service on the Board to
28    exceed 9 years.  Appointments to fill vacancies shall be made
29    in the same manner  as  the  original  appointments  for  the
30    unexpired portion of the vacated term.
31        (c)  The  members  of  the  Board are entitled to receive
32    compensation  for  all  legitimate  and  necessary   expenses
33    incurred while attending Board and Department meetings.
 
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 1        (d)  Members  of  the  Board shall be immune from suit in
 2    any action based upon any disciplinary proceedings  or  other
 3    activities performed in good faith as members of the Board.
 4        (e)  The  Director  shall consider the recommendations of
 5    the  Board  on   questions   involving   the   standards   of
 6    professional   conduct,  discipline,  and  qualifications  of
 7    candidates and licensees under this Act.  Nothing shall limit
 8    the ability of the Board to provide  recommendations  to  the
 9    Director in regard to any matter affecting the administration
10    of  this  Act.   The Director shall give due consideration to
11    all recommendations of  the  Board.  If  the  Director  takes
12    action  contrary  to  a  recommendation  of  the  Board,  the
13    Director shall provide a written explanation of that action.
14        (f)  The  Director  may  terminate the appointment of any
15    member for cause  which,  in  the  opinion  of  the  Director
16    reasonably  justifies  termination, which may include, but is
17    not limited  to,  a  Board  member  who  does  not  attend  2
18    consecutive meetings.
19    (Source: P.A. 92-860, eff. 6-1-03.)

20        (225 ILCS 57/55)
21        (Section scheduled to be repealed on January 1, 2012)
22        Sec.  55.  Exclusive  jurisdiction.  Beginning January 1,
23    2005 2004, the regulation and licensing of massage therapy is
24    an exclusive power and  function  of  the  State.   Beginning
25    January  1,  2005  2004, a home rule unit may not regulate or
26    license massage therapists.  This Section  is  a  denial  and
27    limitation of home rule powers and functions under subsection
28    (h) of Section 6 of Article VII of the Illinois Constitution.
29    (Source: P.A. 92-860, eff. 6-1-03.)

30        (225 ILCS 57/90)
31        (Section scheduled to be repealed on January 1, 2012)
32        Sec.  90.   Violations;  injunction;   cease  and  desist
 
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 1    order.
 2        (a)  If  any person violates a provision of this Act, the
 3    Director may, in the name of  the  People  of  the  State  of
 4    Illinois,  through  the  Attorney  General  of  the  State of
 5    Illinois or the State's Attorney in the county in  which  the
 6    offense occurs, petition for an order enjoining the violation
 7    or for an order enforcing compliance with this Act.  Upon the
 8    filing of a verified petition in court, the court may issue a
 9    temporary  restraining order, without notice or bond, and may
10    preliminarily and permanently enjoin the violation. If it  is
11    established  that the person has violated or is violating the
12    injunction, the court may punish the offender for contempt of
13    court.  Proceedings under this Section shall be  in  addition
14    to,  and  not  in  lieu  of, all other remedies and penalties
15    provided by this Act.
16        (b)  If, after January 1, 2005 2004, any person practices
17    as a massage therapist or holds himself or herself out  as  a
18    massage therapist without being licensed under the provisions
19    of   this  Act,  then  the  Director,  any  licensed  massage
20    therapist,  any  interested  party,  or  any  person  injured
21    thereby may  petition for relief as  provided  in  subsection
22    (a)  of this Section or may apply to the circuit court of the
23    county in which the violation or some part thereof  occurred,
24    or in which the person complained of has his or her principal
25    place  of  business or resides, to prevent the violation. The
26    court has jurisdiction to enforce obedience by injunction  or
27    by  other  process  restricting the person complained of from
28    further violation and enjoining upon him or her obedience.
29        (c)  Whenever, in the opinion of the Department, a person
30    violates any provision of this Act, the Department may  issue
31    a  rule to show cause why an order to cease and desist should
32    not be entered against him.  The rule shall clearly set forth
33    the grounds relied upon by the Department and shall provide a
34    period of 7 days from the date of the rule to file an  answer
 
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 1    to  the satisfaction of the Department.  Failure to answer to
 2    the satisfaction of the Department shall cause  an  order  to
 3    cease and desist to be issued immediately.
 4    (Source: P.A. 92-860, eff. 6-1-03.)

 5        (225 ILCS 57/160)
 6        (Section scheduled to be repealed on January 1, 2012)
 7        Sec.   160.  Returned   checks;  fines.  Any  person  who
 8    delivers a check or other payment to the Department  that  is
 9    returned   to   the   Department   unpaid  by  the  financial
10    institution  upon  which  it  is  drawn  shall  pay  to   the
11    Department,  in  addition  to  the amount already owed to the
12    Department, a fine of $50. If the check or other payment  was
13    for  a  renewal  or  issuance  fee  and that person practices
14    without paying the renewal fee or issuance fee and  the  fine
15    due,  an  additional fine of $100 shall be imposed. The fines
16    imposed  by  this  Section  are  in  addition  to  any  other
17    discipline provided under this Act for unlicensed practice or
18    practice on a nonrenewed license. The Department shall notify
19    the person that payment of fees and fines shall  be  paid  to
20    the  Department  by  certified check or money order within 30
21    calendar days of the notification. If, after  the  expiration
22    of  30 days from the date of the notification, the person has
23    failed to submit the  necessary  remittance,  the  Department
24    shall   automatically  terminate  the  license  or  deny  the
25    application,  without  hearing.  If,  after  termination   or
26    denial,  the person seeks a license, he or she shall apply to
27    the Department for restoration or issuance of the license and
28    pay all fees and fines due to the Department. The  Department
29    may  establish a fee for the processing of an application for
30    restoration of a license to pay all  expenses  of  processing
31    this  application. The Director may waive the fines due under
32    this Section in individual cases  where  the  Director  finds
33    that   the  fines  would  be  unreasonable  or  unnecessarily
 
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 1    burdensome.
 2    (Source: P.A. 92-860, eff. 6-1-03.)

 3        Section 99. Effective date.  This  Act  takes  effect  on
 4    June 1, 2003.