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Public Act 093-0908
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| HB5891 Enrolled |
LRB093 17943 AMC 43626 b |
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AN ACT concerning professional regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Massage Licensing Act is amended by 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(Section scheduled to be repealed on January 1, 2012)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 |
for
compensation
must be licensed by the Department. The |
Department shall issue a license to
an individual who meets all |
of the following requirements:
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(1) The applicant has applied in writing on the |
prescribed forms and has
paid the
required fees.
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(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
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misconduct,
or where the applicant is a registered sex |
offender.
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(3) The applicant has met one of the following |
requirements:
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(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
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approved by the Department;
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(B) holds a current license from another |
jurisdiction having licensure
requirements that meet |
or exceed those defined within this Act; or
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(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.
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(b) Each applicant for licensure as a massage therapist |
shall have his or her fingerprints submitted to the Department |
of State Police in an electronic format that complies with the |
form and manner for requesting and furnishing criminal history |
record information as prescribed by the Department of State |
Police. These fingerprints shall be checked against the |
Department of State Police and Federal Bureau of Investigation |
criminal history record databases now and hereafter filed. The |
Department of State Police shall charge applicants a fee for |
conducting the criminal history records check, which shall be |
deposited into the State Police Services Fund and shall not |
exceed the actual cost of the records check. The Department of |
State Police shall furnish, pursuant to positive |
identification, records of Illinois convictions to the |
Department. The Department may require applicants to pay a |
separate fingerprinting fee, either to the Department or to a |
vendor. The Department, in its discretion, may allow an |
applicant who does not have reasonable access to a designated |
vendor to provide his or her fingerprints in an alternative |
manner. The Department may adopt any rules necessary to |
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 |
the rules adopted
under this Act, the
Department may issue a |
license to an individual who, in addition to meeting the
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requirements set forth in paragraphs (1) and (2) of subsection |
(a) and subsection (b) of Section 15, produces
proof that he or |
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 |
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;
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(2) has passed the National Certification Exam of |
Therapeutic Massage and
Bodywork and has kept his or her |
certification current;
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(3) has practiced massage therapy an average of at |
least 10 hours per week
for at least 10 years; or
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(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.
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(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
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training consisting of at least 25 hours in anatomy and |
physiology by January
1, 2005.
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(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.
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(d) For purposes of this Section, "formal training" means a |
massage therapy
curriculum approved by
the Illinois State Board |