Illinois 97th Regular Session Status: Enacted

SB 153 — MASSAGE LICENSING ACT-EXTEND

Last action — Public Act . . . . . . . . . 97-0514

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 08, 2011. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    0 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Massage Licensing Act. Requires that Social Security numbers be on all applications for original, renewed, reinstated, or restored licenses. Permits applicants license as massage therapist in another state or territory to be license by endorsement if the requirements for licensure in the state or territory in which the applicant was licensed were, at the time of licensure, substantially equivalent to the requirements in force in this State on that date. Requires every holder of a massage license to display it or a copy of the license in a conspicuous place in the holder's principal office or other location where the holder renders massage therapy services. Allows the Department of Financial and Professional Regulation to take action, including imposing fines not to exceed $10,000 per violation, if the individual meets the requirements for grounds for disciplinary action. Permits the Department to disclose information and documents related to an examination or investigation of a licensee or applicant only to law enforcement officials, other regulatory agencies that have an appropriate regulatory interest as determined by the Secretary, or a party presenting a lawful subpoena to the Department. Provides that any formal complaint against a licensee filed with the Department or an order issued by the Department against a licensee or applicant shall be a public record. Makes other changes. Amends the Regulatory Sunset Act to extend the Massage Licensing Act from January 1, 2012 to January 1, 2022. Effective immediately.

Bill Text

What changed in the latest version

974 added · 972 removed

Plain-language change summary

The recent amendments to Bill SB 153 have lowered the required training hours for massage therapist applicants from 750 hours to 600 hours, effective for those applying after January 1, 2014. Additionally, the fingerprinting process for background checks will now only require checks against the Department of State Police, rather than also including the Federal Bureau of Investigation. These changes aim to make it easier for aspiring massage therapists to enter the profession while still ensuring that applicants meet necessary safety and training standards.

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SB0153 Engrossed LRB097 06454 CEL 46536 b AN ACT concerning regulation.
SB0153 Enrolled LRB097 06454 CEL 46536 b AN ACT concerning regulation.
SB0153 Engrossed - 2 - LRB097 06454 CEL 46536 b Section 10.
SB0153 Enrolled - 2 - LRB097 06454 CEL 46536 b Section 10.
SB0153 Engrossed - 3 - LRB097 06454 CEL 46536 b "Director" means the Director of Professional Regulation.
SB0153 Enrolled - 3 - LRB097 06454 CEL 46536 b "Director" means the Director of Professional Regulation.
The educational SB0153 Engrossed - 4 - LRB097 06454 CEL 46536 b requirements must include anatomy, physiology, hygiene, sanitation, ethics, technical theory, and application of techniques.
The educational SB0153 Enrolled - 4 - LRB097 06454 CEL 46536 b requirements must include anatomy, physiology, hygiene, sanitation, ethics, technical theory, and application of techniques.
Such a conviction shall not operate SB0153 Engrossed - 5 - LRB097 06454 CEL 46536 b 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.
Such a conviction shall not operate SB0153 Enrolled - 5 - LRB097 06454 CEL 46536 b 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.
(A) has successfully completed a massage therapy program the curriculum or curriculums of one or more massage therapy schools approved by the Department that requires require a minimum of 500 hours, except applicants applying on or after January 1, 2016 shall meet a minimum requirement of 750 hours, and has passed a competency examination approved by the Department;
(A) has successfully completed a massage therapy program the curriculum or curriculums of one or more massage therapy schools approved by the Department that requires require a minimum of 500 hours, except applicants applying on or after January 1, 2014 shall meet a minimum requirement of 600 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;
(B) holds a current license from another jurisdiction having licensure requirements that include the completion of a massage therapy program of at least 500 hours that meet or exceed those defined within this Act;
(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 SB0153 Engrossed - 6 - LRB097 06454 CEL 46536 b form and manner for requesting and furnishing criminal history record information as prescribed by the Department of State Police.
(b) Each applicant for licensure as a massage therapist SB0153 Enrolled - 6 - LRB097 06454 CEL 46536 b 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.
In addition to any other information required to be contained in the application, every application for an original, renewal, reinstated, or restored license under this Act shall include SB0153 Engrossed - 7 - LRB097 06454 CEL 46536 b the applicant's Social Security number.
In addition to any other information required to be contained in SB0153 Enrolled - 7 - LRB097 06454 CEL 46536 b the application, every application for an original, renewal, reinstated, or restored license under this Act shall include the applicant's Social Security number.
(a) This Act does not prohibit a person licensed under any other Act in this State from engaging in the practice for which he or she is licensed.
(a) This Act does not prohibit a person licensed under any other Act in this State from engaging in the practice for which SB0153 Enrolled - 8 - LRB097 06454 CEL 46536 b he or she is licensed.
(b) Persons exempted under this Section include, but are SB0153 Engrossed - 8 - LRB097 06454 CEL 46536 b not limited to, physicians, podiatrists, naprapaths, and physical therapists.
(b) Persons exempted under this Section include, but are not limited to, physicians, podiatrists, naprapaths, and physical therapists.
(g) Practitioners of Asian bodywork approaches are exempt from this Act if they are members of the American Organization SB0153 Engrossed - 9 - LRB097 06454 CEL 46536 b of Bodywork Therapies of Asia as certified practitioners or if they are approved by an Asian bodywork organization based on a minimum level of training, demonstration of competency, and adherence to ethical standards set by their governing body.
SB0153 Enrolled - 9 - LRB097 06454 CEL 46536 b (g) Practitioners of Asian bodywork approaches are exempt from this Act if they are members of the American Organization of Bodywork Therapies of Asia as certified practitioners or if they are approved by an Asian bodywork organization based on a minimum level of training, demonstration of competency, and adherence to ethical standards set by their governing body.
(k) Nothing in this Act applies to the practice of massage therapy by a person either actively licensed as a massage therapist in another state or currently certified by the National Certification Board of Therapeutic Massage and Bodywork or other national certifying body if said person's state does not license massage therapists, if he or she is performing his or her duties for a non-Illinois based team or organization, or for a national athletic event held in this State, so long as he or she restricts his or her practice to his or her team or organization or to event participants during SB0153 Engrossed - 10 - LRB097 06454 CEL 46536 b the course of his or her team's or organization's stay in this State or for the duration of the event.
(k) Nothing in this Act applies to the practice of massage therapy by a person either actively licensed as a massage therapist in another state or currently certified by the National Certification Board of Therapeutic Massage and Bodywork or other national certifying body if said person's state does not license massage therapists, if he or she is performing his or her duties for a non-Illinois based team or organization, or for a national athletic event held in this SB0153 Enrolled - 10 - LRB097 06454 CEL 46536 b State, so long as he or she restricts his or her practice to his or her team or organization or to event participants during the course of his or her team's or organization's stay in this State or for the duration of the event.
(c) Anyone not authorized, under the definitions of this Act, to utilize the term "massage", "massage therapy", or "massage therapist" and who knowingly utilizes these terms when SB0153 Engrossed - 11 - LRB097 06454 CEL 46536 b advertising commits a violation of this Act.
(c) Anyone not authorized, under the definitions of this SB0153 Enrolled - 11 - LRB097 06454 CEL 46536 b Act, to utilize the term "massage", "massage therapy", or "massage therapist" and who knowingly utilizes these terms when advertising commits a violation of this Act.
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 of the massage therapist members shall represent a massage therapy school from the private SB0153 Enrolled - 12 - LRB097 06454 CEL 46536 b sector and one of the massage therapist members shall represent a massage therapy school from the public sector.
One member of SB0153 Engrossed - 12 - LRB097 06454 CEL 46536 b 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.
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.
Appointments to fill vacancies shall be made in the same manner as the original appointments for the unexpired portion of the vacated term.
Appointments to fill vacancies shall be made in the same manner as the original appointments SB0153 Enrolled - 13 - LRB097 06454 CEL 46536 b for the unexpired portion of the vacated term.
(c) The members of the Board are entitled to receive SB0153 Engrossed - 13 - LRB097 06454 CEL 46536 b compensation for all legitimate and necessary expenses incurred while attending Board and Department meetings.
(c) The members of the Board are entitled to receive compensation for all legitimate and necessary expenses incurred while attending Board and Department meetings.
8-12-03.) (225 ILCS 57/40) (Section scheduled to be repealed on January 1, 2012) Sec.
8-12-03.) (225 ILCS 57/40) SB0153 Enrolled - 14 - LRB097 06454 CEL 46536 b (Section scheduled to be repealed on January 1, 2012) Sec.
The Department shall SB0153 Engrossed - 14 - LRB097 06454 CEL 46536 b exercise the powers and duties prescribed by the Civil Administrative Code of Illinois for administration of licensing acts and shall exercise other powers and duties necessary for effectuating the purpose of this Act.
The Department shall exercise the powers and duties prescribed by the Civil Administrative Code of Illinois for administration of licensing acts and shall exercise other powers and duties necessary for effectuating the purpose of this Act.
(5) Maintain a roster of the names and addresses of all licensees and all persons whose licenses have been suspended, revoked, or denied renewal for cause within the SB0153 Engrossed - 15 - LRB097 06454 CEL 46536 b previous calendar year.
(5) Maintain a roster of the names and addresses of all SB0153 Enrolled - 15 - LRB097 06454 CEL 46536 b licensees and all persons whose licenses have been suspended, revoked, or denied renewal for cause within the previous calendar year.
(2) conviction by plea of guilty or nolo contendere, finding of guilt, jury verdict, or entry of judgment or by sentencing of any crime, including, but not limited to, convictions, preceding sentences of supervision, conditional discharge, or first offender probation, under SB0153 Engrossed - 16 - LRB097 06454 CEL 46536 b the laws of any jurisdiction of the United States:
(2) conviction by plea of guilty or nolo contendere, finding of guilt, jury verdict, or entry of judgment or by sentencing of any crime, including, but not limited to, SB0153 Enrolled - 16 - LRB097 06454 CEL 46536 b convictions, preceding sentences of supervision, conditional discharge, or first offender probation, under the laws of any jurisdiction of the United States:
(8) (6) practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities which the licensee knows or has reason to know that he or she is not competent to perform;
(8) (6) practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities which the licensee knows or has reason to know that he or she is not competent to SB0153 Enrolled - 17 - LRB097 06454 CEL 46536 b perform;
(9) (7) knowingly delegating professional SB0153 Engrossed - 17 - LRB097 06454 CEL 46536 b responsibilities to a person unqualified by training, experience, or licensure to perform;
(9) (7) knowingly delegating professional responsibilities to a person unqualified by training, experience, or licensure to perform;
(16) (11) making a material misstatement in furnishing information to the Department or otherwise making misleading, deceptive, untrue, or fraudulent representations in violation of this Act or otherwise in the practice of the profession;
(16) (11) making a material misstatement in furnishing information to the Department or otherwise making misleading, deceptive, untrue, or fraudulent SB0153 Enrolled - 18 - LRB097 06454 CEL 46536 b representations in violation of this Act or otherwise in the practice of the profession;
SB0153 Engrossed - 18 - LRB097 06454 CEL 46536 b (17) fraud or misrepresentation in applying for or procuring a license under this Act or in connection with applying for renewal of a license under this Act;
(17) fraud or misrepresentation in applying for or procuring a license under this Act or in connection with applying for renewal of a license under this Act;
(b) A person not licensed under this Act and engaged in the business of offering massage therapy services through others, shall not aid, abet, assist, procure, advise, employ, or SB0153 Engrossed - 19 - LRB097 06454 CEL 46536 b contract with any unlicensed person to practice massage therapy contrary to any rules or provisions of this Act.
(b) A person not licensed under this Act and engaged in the SB0153 Enrolled - 19 - LRB097 06454 CEL 46536 b business of offering massage therapy services through others, shall not aid, abet, assist, procure, advise, employ, or contract with any unlicensed person to practice massage therapy contrary to any rules or provisions of this Act.
(e) The Department shall deny a license or renewal authorized by this Act to a person who has defaulted on an educational loan or scholarship provided or guaranteed by the Illinois Student Assistance Commission or any governmental agency of this State in accordance with item (5) of subsection SB0153 Engrossed - 20 - LRB097 06454 CEL 46536 b (g) of Section 2105-15 of the Civil Administrative Code of Illinois.
(e) The Department shall deny a license or renewal authorized by this Act to a person who has defaulted on an educational loan or scholarship provided or guaranteed by the SB0153 Enrolled - 20 - LRB097 06454 CEL 46536 b Illinois Student Assistance Commission or any governmental agency of this State in accordance with item (5) of subsection (g) of Section 2105-15 of the Civil Administrative Code of Illinois.
(h) (d) In enforcing this Act Section, the Department or Board, upon a showing of a possible violation, may compel an individual licensed to practice under this Act, or who has SB0153 Engrossed - 21 - LRB097 06454 CEL 46536 b applied for licensure under this Act, to submit to a mental or physical examination, or both, as required by and at the expense of the Department.
(h) (d) In enforcing this Act Section, the Department or SB0153 Enrolled - 21 - LRB097 06454 CEL 46536 b Board, upon a showing of a possible violation, may compel an individual licensed to practice under this Act, or who has applied for licensure under this Act, to submit to a mental or physical examination, or both, as required by and at the expense of the Department.
A person holding a license under this Act or who has applied for a license under this Act who, because of a physical or mental illness or disability, including, but not limited to, deterioration through the aging process or loss of motor skill, is unable to practice the profession with reasonable judgment, skill, or safety, may be required by the Department to submit SB0153 Engrossed - 22 - LRB097 06454 CEL 46536 b to care, counseling, or treatment by physicians approved or designated by the Department as a condition, term, or restriction for continued, reinstated, or renewed licensure to practice.
A person holding a license under this Act or who has applied for a license under this Act who, because of a physical or mental illness or disability, including, but not limited to, deterioration through the aging process or loss of motor skill, SB0153 Enrolled - 22 - LRB097 06454 CEL 46536 b is unable to practice the profession with reasonable judgment, skill, or safety, may be required by the Department to submit to care, counseling, or treatment by physicians approved or designated by the Department as a condition, term, or restriction for continued, reinstated, or renewed licensure to practice.
An individual whose license was granted, continued, reinstated, renewed, disciplined or supervised subject to such terms, conditions, or restrictions, and who fails to comply with such SB0153 Engrossed - 23 - LRB097 06454 CEL 46536 b terms, conditions, or restrictions, shall be referred to the Director for a determination as to whether the individual shall have his or her license suspended immediately, pending a hearing by the Department.
An individual whose license was granted, continued, reinstated, SB0153 Enrolled - 23 - LRB097 06454 CEL 46536 b renewed, disciplined or supervised subject to such terms, conditions, or restrictions, and who fails to comply with such terms, conditions, or restrictions, shall be referred to the Director for a determination as to whether the individual shall have his or her license suspended immediately, pending a hearing by the Department.
The Beginning January 1, 2005, the regulation and licensing of massage therapy is an exclusive power and function of the State.
The Beginning January 1, 2005, the regulation and licensing of massage therapy is an SB0153 Enrolled - 24 - LRB097 06454 CEL 46536 b exclusive power and function of the State.
A Beginning January 1, 2005, a home rule unit may not regulate or license massage SB0153 Engrossed - 24 - LRB097 06454 CEL 46536 b therapists.
A Beginning January 1, 2005, a home rule unit may not regulate or license massage therapists.
A massage therapist who has permitted his or her license to expire or who has had his or her license on inactive status may have his or SB0153 Engrossed - 25 - LRB097 06454 CEL 46536 b her license restored by making application to the Department and filing proof acceptable to the Department of his or her fitness to have his or her license restored, including sworn evidence certifying to active practice in another jurisdiction satisfactory to the Department, and by paying the required restoration fee and showing proof of completion of required continuing education.
A massage SB0153 Enrolled - 25 - LRB097 06454 CEL 46536 b therapist who has permitted his or her license to expire or who has had his or her license on inactive status may have his or her license restored by making application to the Department and filing proof acceptable to the Department of his or her fitness to have his or her license restored, including sworn evidence certifying to active practice in another jurisdiction satisfactory to the Department, and by paying the required restoration fee and showing proof of completion of required continuing education.
A massage therapist whose license has been expired or placed on inactive status for more than 5 years may have his or her license restored by making application to the Department and filing proof acceptable to the Department of his or her fitness to have his or her license restored, including sworn evidence certifying to active practice in another jurisdiction, by paying the required restoration fee, and by showing proof of the completion of 24 hours of continuing education.
A massage therapist whose license has been expired or placed on inactive status for more than 5 years may have his or her license restored by making application to the Department and filing proof acceptable to the Department of his or her fitness to have his or her license restored, including sworn evidence certifying to active practice in another jurisdiction, by paying the required restoration fee, and by showing proof of the completion of 24 hours of continuing SB0153 Enrolled - 26 - LRB097 06454 CEL 46536 b education.
However, any registrant whose license has expired while he SB0153 Engrossed - 26 - LRB097 06454 CEL 46536 b or she has been engaged (i) in Federal Service on active duty with the United States Army, Navy, Marine Corps, Air Force, Coast Guard, or Public Health Service or the State Militia called into the service or training of the United States of America, or (ii) in training or education under the supervision of the United States preliminary to induction into the military service, may have his or her license reinstated or restored without paying any lapsed renewal fees, if within 2 years after honorable termination of such service, training, or education, he or she furnishes to the Department with satisfactory evidence to the effect that he or she has been so engaged and that his or her service, training, or education has been so terminated.
However, any registrant whose license has expired while he or she has been engaged (i) in Federal Service on active duty with the United States Army, Navy, Marine Corps, Air Force, Coast Guard, or Public Health Service or the State Militia called into the service or training of the United States of America, or (ii) in training or education under the supervision of the United States preliminary to induction into the military service, may have his or her license reinstated or restored without paying any lapsed renewal fees, if within 2 years after honorable termination of such service, training, or education, he or she furnishes to the Department with satisfactory evidence to the effect that he or she has been so engaged and that his or her service, training, or education has been so terminated.
However, a massage therapist whose license has expired while he or she has been engaged (i) in active duty with the Army of the United States, the United States Navy, the Marine Corps, the Air Force, the Coast Guard, or the State Militia called into the service or training of the United States of America, or (ii) in training or education under the supervision of the United States preliminary to induction into the military service, may have his or her license restored without paying any lapsed renewal fees or restoration fee if, within 2 years after termination of the service, training, or education, other than by dishonorable discharge, he or she furnishes the Department with an affidavit to the effect that he or she has been so engaged and that his or her service, training, or SB0153 Engrossed - 27 - LRB097 06454 CEL 46536 b education has been terminated.
However, a massage therapist whose license has expired while he or she has been engaged (i) in active duty with the Army of the United States, the United States Navy, the Marine Corps, the Air Force, the Coast Guard, or the State Militia called into the service or training of the United States of America, or (ii) in training or education under the supervision of the United States preliminary to induction into the military service, may have his or her license restored without paying any lapsed renewal fees or restoration fee if, within 2 years after termination of the service, training, or education, other than by dishonorable discharge, he or she furnishes the SB0153 Enrolled - 27 - LRB097 06454 CEL 46536 b Department with an affidavit to the effect that he or she has been so engaged and that his or her service, training, or education has been terminated.
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.
Upon the filing of a verified petition in court, the court may issue a temporary restraining order, without notice or bond, and may SB0153 Enrolled - 28 - LRB097 06454 CEL 46536 b preliminarily and permanently enjoin the violation.
If it is established that the person has violated or is violating the SB0153 Engrossed - 28 - LRB097 06454 CEL 46536 b injunction, the court may punish the offender for contempt of court.
If it is established that the person has violated or is violating the injunction, the court may punish the offender for contempt of court.
Failure to answer to the satisfaction of the Department shall cause an order to cease and desist to be issued immediately.
Failure to answer to the SB0153 Enrolled - 29 - LRB097 06454 CEL 46536 b satisfaction of the Department shall cause an order to cease and desist to be issued immediately.
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SB0153 Engrossed - 29 - LRB097 06454 CEL 46536 b (Source:
(Source:
In case the person, after receiving the notice, fails to file an answer, his or her license may, in the discretion of the Department, be revoked, suspended, placed on probationary status, or the Department may SB0153 Engrossed - 30 - LRB097 06454 CEL 46536 b take whatever disciplinary actions considered proper, including limiting the scope, nature, or extent of the person's practice or the imposition of a fine, without a hearing, if the act or acts charged constitute sufficient grounds for that action under the Act.
In case the person, after receiving the notice, fails to file an answer, his or her SB0153 Enrolled - 30 - LRB097 06454 CEL 46536 b license may, in the discretion of the Department, be revoked, suspended, placed on probationary status, or the Department may take whatever disciplinary actions considered proper, including limiting the scope, nature, or extent of the person's practice or the imposition of a fine, without a hearing, if the act or acts charged constitute sufficient grounds for that action under the Act.
Written notice may be served by personal delivery or certified or registered mail to the respondent at the address of his or her last notification to the Department.
Written notice may be served by personal delivery or certified or registered mail to the SB0153 Enrolled - 31 - LRB097 06454 CEL 46536 b respondent at the address of his or her last notification to the Department.
In case the person fails to file an answer SB0153 Engrossed - 31 - LRB097 06454 CEL 46536 b after receiving notice, his or her license or certificate may, in the discretion of the Department, be suspended, revoked, or placed on probationary status and the Department may take whatever disciplinary action it deems proper, including limiting the scope, nature, or extent of the person's practice or the imposition of a fine, without a hearing, if the act or acts charged constitute sufficient grounds for that action under this Act.
In case the person fails to file an answer after receiving notice, his or her license or certificate may, in the discretion of the Department, be suspended, revoked, or placed on probationary status and the Department may take whatever disciplinary action it deems proper, including limiting the scope, nature, or extent of the person's practice or the imposition of a fine, without a hearing, if the act or acts charged constitute sufficient grounds for that action under this Act.
Any notice, all documents in the nature of pleadings, written motions filed in the proceedings, the transcripts of testimony, reports of the Board and hearing officer, and orders of the Department shall be in the record of the proceeding.
Any notice, all documents in the nature of pleadings, written motions filed in the proceedings, the transcripts of testimony, reports of the Board and hearing officer, and orders of the Department SB0153 Enrolled - 32 - LRB097 06454 CEL 46536 b shall be in the record of the proceeding.
The notice of hearing, complaint and all other documents in the nature of SB0153 Engrossed - 32 - LRB097 06454 CEL 46536 b pleadings and written motions filed in the proceedings, the transcript of testimony, the report of the Board, and the order of the Department shall be the record of the proceeding.
The notice of hearing, complaint and all other documents in the nature of pleadings and written motions filed in the proceedings, the transcript of testimony, the report of the Board, and the order of the Department shall be the record of the proceeding.
(c) The Secretary, the hearing officer, any member of the Board, or a certified shorthand court reporter may administer oaths at any hearing the Department conducts.
(c) The Secretary, the hearing officer, any member of the SB0153 Enrolled - 33 - LRB097 06454 CEL 46536 b Board, or a certified shorthand court reporter may administer oaths at any hearing the Department conducts.
Notwithstanding SB0153 Engrossed - 33 - LRB097 06454 CEL 46536 b any other statute or Department rule to the contrary, all requests for testimony, production of documents, or records shall be in accordance with this Act.
Notwithstanding any other statute or Department rule to the contrary, all requests for testimony, production of documents, or records shall be in accordance with this Act.
The report of findings and recommendations of the Board shall be the basis for the Department's order or refusal or for the granting of a license unless the Secretary Director shall determine that the Board's report is contrary to the manifest SB0153 Engrossed - 34 - LRB097 06454 CEL 46536 b weight of the evidence, in which case the Secretary Director may issue an order in contravention of the Board's report.
The report of findings and recommendations of the Board shall be the basis for the Department's order or refusal or for SB0153 Enrolled - 34 - LRB097 06454 CEL 46536 b the granting of a license unless the Secretary Director shall determine that the Board's report is contrary to the manifest weight of the evidence, in which case the Secretary Director may issue an order in contravention of the Board's report.
If the respondent shall order from the reporting service and pay for a transcript of the record within the time for filing a motion for rehearing, the 20 day period within which the motion may be filed shall commence upon the SB0153 Engrossed - 35 - LRB097 06454 CEL 46536 b delivery of the transcript to the respondent.
If the respondent shall order from the reporting service and pay for a transcript of the record within SB0153 Enrolled - 35 - LRB097 06454 CEL 46536 b the time for filing a motion for rehearing, the 20 day period within which the motion may be filed shall commence upon the delivery of the transcript to the respondent.
At least one member of the Board shall attend each hearing.
At SB0153 Enrolled - 36 - LRB097 06454 CEL 46536 b least one member of the Board shall attend each hearing.
The hearing officer shall report his or her findings and SB0153 Engrossed - 36 - LRB097 06454 CEL 46536 b recommendations to the Board and the Secretary Director.
The hearing officer shall report his or her findings and recommendations to the Board and the Secretary Director.
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SB0153 Enrolled - 37 - LRB097 06454 CEL 46536 b (Source:
6-1-03.) SB0153 Engrossed - 37 - LRB097 06454 CEL 46536 b (225 ILCS 57/135) (Section scheduled to be repealed on January 1, 2012) Sec.
6-1-03.) (225 ILCS 57/135) (Section scheduled to be repealed on January 1, 2012) Sec.
The Secretary Director may temporarily suspend the license of a massage therapist without a hearing, simultaneously with the institution of proceedings for a hearing provided for in SB0153 Engrossed - 38 - LRB097 06454 CEL 46536 b Section 95 of this Act, if the Secretary Director finds that the evidence in his or her possession indicates that continuation in practice would constitute an imminent danger to the public.
The Secretary Director may temporarily suspend the license of a massage SB0153 Enrolled - 38 - LRB097 06454 CEL 46536 b therapist without a hearing, simultaneously with the institution of proceedings for a hearing provided for in Section 95 of this Act, if the Secretary Director finds that the evidence in his or her possession indicates that continuation in practice would constitute an imminent danger to the public.
The Department shall not be required to certify any record to the court or file any answer in court or otherwise appear in any court in a judicial review proceeding, unless and until there is filed in the court, with the complaint, a receipt from the Department has received from the plaintiff acknowledging payment of the costs of furnishing and certifying the record, SB0153 Engrossed - 39 - LRB097 06454 CEL 46536 b which costs shall be determined by the Department.
The Department shall not be required to certify any record to the court or file any answer in court or otherwise appear in any court in a judicial review proceeding, unless and until there is filed in the court, with the complaint, a receipt from SB0153 Enrolled - 39 - LRB097 06454 CEL 46536 b the Department has received from the plaintiff acknowledging payment of the costs of furnishing and certifying the record, which costs shall be determined by the Department.
6-1-03.) (225 ILCS 57/160) (Section scheduled to be repealed on January 1, 2012) Sec.
6-1-03.) (225 ILCS 57/160) (Section scheduled to be repealed on January 1, 2012) SB0153 Enrolled - 40 - LRB097 06454 CEL 46536 b Sec.
Any person who delivers a check or other payment to the Department that is returned to SB0153 Engrossed - 40 - LRB097 06454 CEL 46536 b 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.
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.
8-12-03.) (225 ILCS 57/165) (Section scheduled to be repealed on January 1, 2012) Sec.
8-12-03.) (225 ILCS 57/165) SB0153 Enrolled - 41 - LRB097 06454 CEL 46536 b (Section scheduled to be repealed on January 1, 2012) Sec.
SB0153 Engrossed - 41 - LRB097 06454 CEL 46536 b (a) Any person who practices, offers to practice, attempts to practice, or holds himself or herself out to practice massage therapy or as a massage therapist without being licensed under this Act , or any person not licensed under this Act who aids, abets, assists, procures, advises, employs, or contracts with any unlicensed person to practice massage therapy contrary to any rules or provisions of this Act, shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $10,000 $5,000 for each violation of this Act offense as determined by the Department.
(a) Any person who practices, offers to practice, attempts to practice, or holds himself or herself out to practice massage therapy or as a massage therapist without being licensed under this Act , or any person not licensed under this Act who aids, abets, assists, procures, advises, employs, or contracts with any unlicensed person to practice massage therapy contrary to any rules or provisions of this Act, shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $10,000 $5,000 for each violation of this Act offense as determined by the Department.
6-1-03.) (225 ILCS 57/168 new) SB0153 Engrossed - 42 - LRB097 06454 CEL 46536 b Sec.
6-1-03.) SB0153 Enrolled - 42 - LRB097 06454 CEL 46536 b (225 ILCS 57/168 new) Sec.
SB0153 Engrossed - 43 - LRB097 06454 CEL 46536 b INDEX Statutes amended in order of appearance 5 ILCS 80/4.22 5 ILCS 80/4.32 new 225 ILCS 57/10 225 ILCS 57/15 225 ILCS 57/17 new 225 ILCS 57/19 new 225 ILCS 57/25 225 ILCS 57/30 225 ILCS 57/32 new 225 ILCS 57/35 225 ILCS 57/40 225 ILCS 57/45 225 ILCS 57/55 225 ILCS 57/60 225 ILCS 57/70 225 ILCS 57/85 225 ILCS 57/90 225 ILCS 57/95 225 ILCS 57/100 225 ILCS 57/105 225 ILCS 57/110 225 ILCS 57/115 225 ILCS 57/120 SB0153 Engrossed - 44 - LRB097 06454 CEL 46536 b 225 ILCS 57/125 225 ILCS 57/130 225 ILCS 57/135 225 ILCS 57/145 225 ILCS 57/150 225 ILCS 57/155 225 ILCS 57/160 225 ILCS 57/165 225 ILCS 57/168 new 225 ILCS 57/20 rep.
SB0153 Enrolled - 43 - LRB097 06454 CEL 46536 b INDEX Statutes amended in order of appearance 5 ILCS 80/4.22 5 ILCS 80/4.32 new 225 ILCS 57/10 225 ILCS 57/15 225 ILCS 57/17 new 225 ILCS 57/19 new 225 ILCS 57/25 225 ILCS 57/30 225 ILCS 57/32 new 225 ILCS 57/35 225 ILCS 57/40 225 ILCS 57/45 225 ILCS 57/55 225 ILCS 57/60 225 ILCS 57/70 225 ILCS 57/85 225 ILCS 57/90 225 ILCS 57/95 225 ILCS 57/100 225 ILCS 57/105 225 ILCS 57/110 225 ILCS 57/115 225 ILCS 57/120 SB0153 Enrolled - 44 - LRB097 06454 CEL 46536 b 225 ILCS 57/125 225 ILCS 57/130 225 ILCS 57/135 225 ILCS 57/145 225 ILCS 57/150 225 ILCS 57/155 225 ILCS 57/160 225 ILCS 57/165 225 ILCS 57/168 new 225 ILCS 57/20 rep.
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Action History

  1. Public Act . . . . . . . . . 97-0514

  2. Effective Date August 23, 2011

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. House Committee Amendment No. 1 Senate Concurs 057-000-000

  7. House Committee Amendment No. 1 Motion To Concur Recommended Do Adopt State Government and Veterans Affairs; 009-000-000

  8. House Committee Amendment No. 1 Motion to Concur Assignments Referred to State Government and Veterans Affairs

  9. House Committee Amendment No. 1 Motion to Concur Referred to Assignments

  10. House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Iris Y. Martinez

  11. Added as Co-Sponsor Sen. Kimberly A. Lightford

  12. Placed on Calendar Order of Concurrence House Amendment(s) 1 - May 18, 2011

  13. Secretary's Desk - Concurrence House Amendment(s) 1

  14. Third Reading - Short Debate - Passed 114-000-000

  15. Placed on Calendar Order of 3rd Reading - Short Debate

  16. Second Reading - Short Debate

  17. Placed on Calendar 2nd Reading - Short Debate

  18. Do Pass as Amended / Short Debate Health Care Licenses Committee; 005-000-000

  19. House Committee Amendment No. 1 Adopted in Health Care Licenses Committee; by Voice Vote

  20. House Committee Amendment No. 1 Rules Refers to Health Care Licenses Committee

  21. House Committee Amendment No. 1 Referred to Rules Committee

  22. House Committee Amendment No. 1 Filed with Clerk by Rep. Angelo Saviano

  23. Alternate Chief Sponsor Changed to Rep. Angelo Saviano

  24. Assigned to Health Care Licenses Committee

  25. Referred to Rules Committee

  26. First Reading

  27. Chief House Sponsor Rep. David Reis

  28. Placed on Calendar Order of First Reading

  29. Arrived in House

  30. Senate Floor Amendment No. 1 Tabled Pursuant to Rule 5-4(a)

  31. Third Reading - Passed; 055-000-000

  32. Placed on Calendar Order of 3rd Reading March 31, 2011

  33. Senate Floor Amendment No. 2 Adopted; Martinez

  34. Recalled to Second Reading

  35. Senate Floor Amendment No. 2 Recommend Do Adopt Licensed Activities; 008-000-000

  36. Senate Floor Amendment No. 1 Postponed - Licensed Activities

  37. Senate Floor Amendment No. 2 Assignments Refers to Licensed Activities

  38. Senate Floor Amendment No. 1 Assignments Refers to Licensed Activities

  39. Senate Floor Amendment No. 2 Referred to Assignments

  40. Senate Floor Amendment No. 2 Filed with Secretary by Sen. Iris Y. Martinez

  41. Senate Floor Amendment No. 1 Referred to Assignments

  42. Senate Floor Amendment No. 1 Filed with Secretary by Sen. Iris Y. Martinez

  43. Placed on Calendar Order of 3rd Reading February 16, 2011

  44. Second Reading

  45. Placed on Calendar Order of 2nd Reading February 15, 2011

  46. Do Pass Licensed Activities; 009-000-000

  47. Assigned to Licensed Activities

  48. Referred to Assignments

  49. First Reading

  50. Filed with Secretary by Sen. Iris Y. Martinez

Sponsors

  • Iris Y. Martinez · Cosponsor

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

  • Iris Y. Martinez

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence

Passed 57 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 45001
Democrat 9001
Republican 3000
Total 57002
% of votes cast 97%0%0%3%
How each member voted (59)
Member Party Vote
Haine — Yea
Hutchinson — Yea
Kotowski — Yea
Landek — Yea
Lauzen — Not Voting
Link — Yea
Maloney — Yea
Brady — Yea
McCann — Yea
McCarter — Yea
Jacobs — Yea
Johnson, C. — Yea
Johnson, T. — Yea
Meeks — Yea
Millner — Yea
Sullivan — Yea
Jones, J. — Yea
Mulroe — Yea
Muñoz — Yea
Noland — Yea
Cullerton — Yea
Radogno — Yea
Schoenberg — Yea
Silverstein — Yea
Steans — Yea
Trotter — Yea
Wilhelmi — Yea
Clayborne — Yea
Crotty — Yea
Cultra — Yea
Dillard — Yea
Duffy — Yea
Forby — Yea
Frerichs — Yea
Garrett — Yea
Pankau — Yea
Raoul — Yea
Righter — Yea
Sandack — Yea
Sandoval — Yea
LaHood — Yea
Luechtefeld — Yea
Althoff — Yea
Martinez — Yea
Bivins — Yea
Bomke — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Not Voting
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea
Kevin Schmidt Republican Yea
Sue Rezin Republican Yea

Official roll call →

Third Reading

Passed 114 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 94003
Democrat 14000
Republican 6000
Total 114003
% of votes cast 97%0%0%3%
How each member voted (117)
Member Party Vote
Brauer — Yea
Brown — Yea
Colvin — Yea
Connelly — Yea
McAsey — Yea
Mulligan — Not Voting
Golar — Yea
Hatcher — Yea
Jackson — Yea
Jakobsson — Yea
Jefferson — Yea
Kay — Yea
Leitch — Yea
Reitz — Yea
DuBuclet — Yea
Lyons — Yea
Riley — Yea
Dugan — Yea
Dunkin — Yea
Eddy — Yea
Farnham — Yea
Flowers — Yea
McAuliffe — Yea
McCarthy — Yea
Mell — Yea
Bradley — Yea
McGuire — Yea
Moffitt — Yea
Brady — Yea
Morthland — Yea
Mitchell, Bill — Yea
Nekritz — Yea
Nybo — Yea
Mitchell, Jerry — Yea
Phelps — Yea
Burke, Daniel — Yea
Pihos — Yea
Burke, Kelly — Yea
Harris, David — Yea
Senger — Yea
Sullivan — Yea
Harris, Greg — Yea
Sente — Yea
Soto — Yea
Thapedi — Yea
Tryon — Yea
Hernandez — Yea
Turner — Yea
Unes — Yea
Verschoore — Yea
Howard — Yea
Winters — Yea
Yarbrough — Yea
Davis, Monique — Yea
Lang — Yea
Madigan — Yea
Durkin — Not Voting
Kosel — Yea
Watson — Yea
Zalewski — Yea
Williams — Yea
Jones — Yea
Cavaletto — Yea
Coladipietro — Yea
Cole — Yea
Cross — Yea
Currie — Yea
D'Amico — Yea
Fortner — Yea
Franks — Yea
Gordon — Yea
Hays — Yea
Holbrook — Yea
Osmond — Yea
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reboletti — Yea
Reis — Yea
Roth — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Sommer — Yea
Acevedo — Yea
Arroyo — Yea
Barickman — Yea
Beaubien — Not Voting
Beiser — Yea
Bellock — Yea
Mathias — Yea
Berrios — Yea
Biss — Yea
Mautino — Yea
May — Yea
Bost — Yea
Chapa LaVia — Yea
Anthony DeLuca Democrat Yea
Bill Cunningham Democrat Yea
Camille Y. Lilly Democrat Yea
Fred Crespo Democrat Yea
Julie A. Morrison Democrat Yea
Kelly M. Cassidy Democrat Yea
La Shawn K. Ford Democrat Yea
Michelle Mussman Democrat Yea
Nicholas K. Smith Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robyn Gabel Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Jil Tracy Republican Yea
Joe C. Sosnowski Republican Yea
Norine K. Hammond Republican Yea
Wayne A. Rosenthal Republican Yea

Official roll call →

Third Reading

Passed 55 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 42004
Democrat 10000
Republican 3000
Total 55004
% of votes cast 93%0%0%7%
How each member voted (59)
Member Party Vote
Noland — Yea
Link — Yea
Haine — Yea
Kotowski — Yea
Landek — Yea
Brady — Yea
Jacobs — Yea
Johnson, C. — Yea
Johnson, T. — Yea
Maloney — Yea
Sullivan — Yea
Jones, J. — Yea
McCann — Yea
McCarter — Yea
Meeks — Not Voting
Cullerton — Yea
Millner — Not Voting
Mulroe — Yea
Muñoz — Yea
Radogno — Yea
Schoenberg — Yea
Silverstein — Yea
Steans — Yea
Trotter — Yea
Wilhelmi — Not Voting
Clayborne — Not Voting
Crotty — Yea
Cultra — Yea
Dillard — Yea
Duffy — Yea
Forby — Yea
Frerichs — Yea
Garrett — Yea
Hutchinson — Yea
Pankau — Yea
Raoul — Yea
Righter — Yea
Sandack — Yea
Sandoval — Yea
LaHood — Yea
Lauzen — Yea
Luechtefeld — Yea
Althoff — Yea
Martinez — Yea
Bivins — Yea
Bomke — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea
Kevin Schmidt Republican Yea
Sue Rezin Republican Yea

Official roll call →

Subjects

public-safety labor
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Frequently asked questions

What does SB 153 do?
Amends the Massage Licensing Act. Requires that Social Security numbers be on all applications for original, renewed, reinstated, or restored licenses. Permits applicants license as massage therapist in another state or territory to be license by endorsement if the requirements for licensure in the state or territory in which the applicant was licensed were, at the time of licensure, substantially equivalent to the requirements in force in this State on that date. Requires every holder of a massage license to display it or a copy of the license in a conspicuous place in the holder's principal office or other location where the holder renders massage therapy services. Allows the Department of Financial and Professional Regulation to take action, including imposing fines not to exceed $10,000 per violation, if the individual meets the requirements for grounds for disciplinary action. Permits the Department to disclose information and documents related to an examination or investigation of a licensee or applicant only to law enforcement officials, other regulatory agencies that have an appropriate regulatory interest as determined by the Secretary, or a party presenting a lawful subpoena to the Department. Provides that any formal complaint against a licensee filed with the Department or an order issued by the Department against a licensee or applicant shall be a public record. Makes other changes. Amends the Regulatory Sunset Act to extend the Massage Licensing Act from January 1, 2012 to January 1, 2022. Effective immediately.
Who sponsors SB 153?
SB 153 is sponsored by Iris Y. Martinez.
What is the current status of SB 153?
This bill has been enacted into law. Introduced February 08, 2011. Enacted.
Where can I track SB 153?
Track SB 153 free on One Click Politics — get push/email alerts when it moves.

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