Full Text of HB5891 93rd General Assembly
HB5891ham001 93RD GENERAL ASSEMBLY
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Registration and Regulation Committee
Adopted in House Comm. on Mar 04, 2004
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09300HB5891ham001 |
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LRB093 17943 AMC 48177 a |
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| AMENDMENT TO HOUSE BILL 5891
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| AMENDMENT NO. ______. Amend House Bill 5891 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Massage Licensing Act is amended by | 5 |
| changing Sections 15 and 20 as follows:
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| (225 ILCS 57/15)
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| (Section scheduled to be repealed on January 1, 2012)
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| Sec. 15. Licensure requirements.
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| (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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| (1) The applicant has applied in writing on the | 14 |
| prescribed forms and has
paid the
required fees.
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| (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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| misconduct,
or where the applicant is a registered sex |
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LRB093 17943 AMC 48177 a |
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| offender.
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| (3) The applicant has met one of the following | 3 |
| requirements:
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| (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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| approved by the Department;
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| (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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| (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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| (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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| 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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| (Source: P.A. 92-860, eff. 6-1-03; 93-524, eff. 8-12-03.)
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| (225 ILCS 57/20)
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| (Section scheduled to be repealed on January 1, 2012)
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| Sec. 20. Grandfathering provision.
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| (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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| 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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| the effective date of this Act:
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| (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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| (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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| (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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| (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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| (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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| 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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| training consisting of at least 25 hours in anatomy and | 5 |
| physiology by January
1, 2005.
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| (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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| (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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| course work provided by continuing education sponsors approved | 15 |
| by the
Department.
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| (Source: P.A. 92-860, eff. 6-1-03; 93-524, eff. 8-12-03.)".
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