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    (Section scheduled to be repealed on January 1, 2012)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.