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 7        (Section scheduled to be repealed on January 1, 2012)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,
 
                            -2-      LRB093 05751 AMC 14132 a
 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)
 
                            -3-      LRB093 05751 AMC 14132 a
 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
 
                            -4-      LRB093 05751 AMC 14132 a
 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.
 
                            -5-      LRB093 05751 AMC 14132 a
 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
 
                            -6-      LRB093 05751 AMC 14132 a
 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
 
                            -7-      LRB093 05751 AMC 14132 a
 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
 
                            -8-      LRB093 05751 AMC 14132 a
 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
 
                            -9-      LRB093 05751 AMC 14132 a
 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.".