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ABMP Legislative Report
Illinois 9/13/07 5/17/06 12/28/04 9/21/04 9/2/04 9/2/03 6/20/03 1/31/03 8/30/02 5/17/02 2/20/02 5/18/01 4/18/01 3/2/01 9/13/07: Illinois Grandfathering Provision: Reopened for 10 Days Act Now! September 13, 2007 The Massage Licensing Act was recently amended to provide a one-time opportunity for the licensure of an individual who failed to apply for licensure under the grandfathering provision of the Act within the time period specified in the original law. Applicants must meet one of the five qualifications for licensure listed below. Individuals must submit a completed application for licensure within 10 days. To qualify for this one-time provision, your application for massage therapy grandfathering must be postmarked by Tuesday, September 25, 2007. Any applications postmarked after September 25, 2007, will not be processed and the application will be denied. A specific application for grandfathering can be downloaded at: http://www.idfpr.com/DPR/APPLY/FORMS/mt-grand.pdf If you have been a member of ABMP, as a massage therapist at the professional, practitioner, or certified level, for a period of at least one year, it may be easiest to qualify under the first option detailed below. An ABMP representative will need to complete form AFF-MT in your application packet. Contact me immediately at jean@abmp.com or 800-458-2267 x645. Mail completed applications to: Illinois Department of Financial & Professional Regulation Attn: Division of Professional Regulation PO Box 7007 Springfield, IL 62791 Qualifications for grandfathing under this 10 day provision: ______1. Official verification from a national professional therapy organization that indicates the years of active membership, as a massage therapist, for a period of at least one year. The organization shall offer professional liability insurance and a code of ethics and must have been established prior to the year 2000. For purpose of clarification, active member does not include students. Supporting Document AFF-MT must be completed by an authorized agent for the massage therapy organization. ______ 2. Official verification from the National Certification Board of Therapeutic Massage and Bodywork (NCBTMB) showing applicant has successfully passed the National Certification Exam for Therapeutic Massage (NCETM) or the National Certification Exam for Therapeutic Massage and Bodywork (NCETMB). ______ 3. Supporting Document ED-MT or official transcripts from an established state-licensed school for massage therapy verifying completion of a minimum of 100 hours of in-class supervised instruction and evidence of practicing massage therapy an average of at least 10 hours per week for at least one year prior to June 1, 2003. Supporting Document VEG-MT must be completed by an employer and returned to you for inclusion with the application. If self-employed, you must complete this form on your own behalf attesting to your experience and employment during the specified timeframe. You may be requested to provide evidence of your state income tax return, W2 form or form 1099 for a tax year prior to June 1, 2003 showing income as a massage therapist. ______ 4. Evidence of practicing massage therapy an average of at least 10 hours per week for at least 10 years prior to June 1, 2003. Supporting Document VEG-MT must be completed by an employer and returned to you for inclusion with the application. If self-employed, you must complete this form on your own behalf attesting to your experience and employment during the specified timeframe. The Department reserves the right to request invoices for massage therapy appointments, copies of income tax returns, W2 form(s), or form(s) 1099 for the ten (10) year period claimed as income as a massage therapist. ______ 5. An individual who has practiced massage therapy for at least 10 hours per week for a minimum of one year prior to June 1, 2003, but has less than 100 hours of formal training, or an individual who has practiced for less than one year, but has 100 hours of formal training, may be issued a license, but must have completed at least 100 additional hours of formal training consisting of at least 25 hours in anatomy and physiology before January 1, 2005. Supporting Document ED-MT or official transcripts from an established state-licensed school for massage therapy verifying completion of formal training. To verify employment/experience in the practice of massage, completion of Supporting Document VEG-MT must be appropriately completed by your employer. If self-employed, you must complete this form on your own behalf attesting to your experience and employment during the specified timeframe. 5/17/06: Proposed rules have been written by the Illinois Massage Licensing Board to clarify continuing education requirements. The first license renewal for all massage therapists is December 31, 2006. Massage therapists will not be required to comply with the continuing education requirement until the 2008 renewal. Beginning in 2008, therapists will be required to demonstrate completion of 24 hours of continuing education, including two hours addressing the subject of ethics. Therapists are encouraged to save any receipts or certificates of attendance received when completing a class and be prepared to submit them with the license renewal form. Currently, approved Continuing Education Sponsors and Programs include: any approved massage therapy program or accredited school, college, university or State agency and entities approved by the National Certification Board for Therapeutic Massage and Bodywork (NCBTMB). The Illinois Massage Licensing Board will be accepting applications from continuing education class providers and this list will expand. The renewal fee will be $175. For a complete copy of the proposed rules go to: http://www.idfpr.com/dpr/who/ARpropsd/032906ProposedMassageTherapyRules.pdf 12/28/04: Licensure of massage therapists in the state of Illinois went into effect on January 1, 2005. ABMP sent affidavits to all members eligible to qualify for licensure through the association membership grandfathering method. If you did not receive an affidavit, you likely will need to qualify for a license under another method. If you have not yet applied for your IL state license, you can contact the Illinois Division of Professional Regulation at www.ildpr.com, or call 217-785-0800. 9/21/04: The state has released the application for massage therapist licensure. Licensure by Grandfather allows ABMP members who have been members since before June 2003 to obtain a license, provided you have been a member for a minimum of one year before submitting your application. Student membership will not qualify. You can obtain the application at www.ildpr.com/apply/forms/mt.pdf ( Adobe Acrobat Reader required). 9/2/04: The Massage Licensing Board met in June and worked through all of the comments that Department of Professional Regulation (DPR) received on the Proposed Rules. Most of the decisions they made seemed reasonable as well as consistent with language in the statute. There were, however, two notable exceptions. ABMP sent a letter to the department and to the Joint Commission on Administrative Rules (JCAR) requesting they revisit and revise the interpretation of the grandfathering provision. The pertinent language in the statute is as follows, with pivotal phrases listed in boldface type for emphasis: "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. The unpublished notes from the June Board meeting indicated, "Re: grandfathering - for the purposes of 'active membership of a national professional massage therapy organization', the staff attorney, Don Seasock, has determined that membership must have been for one year prior to June 1, 2003." This interpretation is certainly a departure from our expectations. It is also inconsistent with previously published information from the department that was presented for comment by the public. DPR's "Notice of Proposed Rules" states: Section 1284.10 Application for Licensure Under Section 20 of the Act (Grandfather) a) For a period of one year after the effective date of this Part, the Department may issue a license to an individual who, in addition to meeting the requirements set forth in Section 20 of the Massage Licensing Act (Act), produces proof that he or she has met at least one of the following requirements: 1) Has been an active member of a national professional massage therapy organization for a period of at least one year prior to making application for licensure. The organization shall offer professional liability insurance and a code of ethics and must have been established prior to the year 2000. For purposes of this Section, active members does not include students that have not successfully completed the 5000 hours in an approved massage therapy training program; ... [The section continues, listing alternatives 2, 3, and 4, but these are not relevant to our concerns.] The problem here is that the DPR Notice language makes no reference to an individual having to meet one of these tests before the effective date of this Act. Neither does it flag the specific June 1, 2003 date. The DPR notice language is consistent with informal guidance that department has consistently provided to our association and other affected parties since original bill passage by the 92nd General Assembly. The proposed Massage Licensing Rules are scheduled for the September 14, 2004 JCAR meeting. If JCAR approves the rules, applications would be available September 16, 2004. Therapists will be able to download the application from the DPR website. Given the exisiting volume of request for applications, the fastest way to obtain an application will be downloading it from the website. The application fee of $175 can be paid by personal check. 9/2/03: Pursuant to recently enacted legislation, the Department of Professional Regulation (IDPR) will begin licensing Massage therapists on January 1, 2005. The Illinois Department of Professional Regulations has recently added a section to their website to keep therapists informed of the licensure process. ABMP encourages you to visit www.ildpr.com, scroll to NOTICE REGARDING THE LICENSING OF MASSAGE THERAPISTS for updated information on the status of regulation. 6/20/03: Senate Bill 255 has passed both houses. This bill amends the Massage Licensing Act and moves the date by which persons must be licensed to engage in massage to January 1, 2005. Makes conforming changes in various other provisions of the Act. Removes a reference to a nonvoting member from provisions concerning the Massage Licensing Board. Removes a provision imposing an additional fine if a person continues to practice after payment for a renewal or issuance fee is returned unpaid. Effective June 1, 2003. 1/31/03: House Bill 2271 has been adopted into law and Illinois will have statewide regulation of massage therapy effective January 1, 2004. ABMP will provide the state with mailing labels to ensure our membership receives applications for licensure. For a complete copy of the bill visit www.legis.state.il.us then click on Legislation Status and Text and enter hb2271. The Grandfathering provision provides for a period of one year after the effective date, the Department may issue a license to an individual who, in addition to meeting the age and good moral character requirements, produces proof that he or she has met at least one of the following requirements before January 1, 2004: . 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 t o the year 2000, which offers professional liability insurance and a code of ethics; (current ABMP membership will accommodate this option.) . has passed the National Certification Exam of Therapeutic Massage and Bodywork and has kept his or her certification current; . has practiced massage therapy an average of at least 10 hours per week for at least 10 years; or . 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. . An applicant who has training from another state or country may qualify for a license 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. Individuals applying for licensure after January 1, 2005 will need to meet the following requirements: Licensure Requirements would include the applicant being at least 18 years of age and of good moral character and the applicant must meet one of the following requirements: . has successfully completed the curriculum or curriculums of one or more approved massage therapy schools that require a minimum of 500 hours and has passed a competency examination approved by the Massage Licensing Board; . holds a current license from another jurisdiction having licensure requirements that meet or exceed those defined within this Act; or . 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 and maintains current certification. ABMP will provide the Board of Massage with mailing labels of our active members so that you will automatically receive an application from the state once they are available. 8/30/02: On Wednesday, August 21, Governor George Ryan amendatorily vetoed HB 2271 to delay the implementation of the home rule preemption until January 1, 2004. The effect of the Governor's action is to allow home rule municipalities to continue regulating massage until January 1, 2004. If all goes according to plan, by December Illinois will have statewide regulation of massage therapy effective January 1, 2004. The requirements, grandfathering and exemptions outlined in the bill are excellent documentation that your opinion really does matter. ABMP shared the results of two legislative surveys and the specifics of existing regulation in other states with our members that took an active role in drafting regulations for Illinois massage therapist. Following are general summaries of three key areas of the bill. For a complete copy of the bill visit www.legis.state.il.us then click on Legislation Status and Text and enter hb2271. Licensure Requirements would include the applicant being at least 18 years of age and of good moral character and the applicant must meet one of the following requirements: . has successfully completed the curriculum or curriculums of one or more approved massage therapy schools that require a minimum of 500 hours and has passed a competency examination approved by the Massage Licensing Board; . holds a current license from another jurisdiction having licensure requirements that meet or exceed those defined within this Act; or . 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 and maintains current certification. The Grandfathering provision provides for a period of one year after the effective date, the Department may issue a license to an individual who, in addition to meeting the age and good moral character requirements, produces proof that he or she has met at least one of the following requirements before January 1, 2004. . 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; . has passed the National Certification Exam of Therapeutic Massage and Bodywork and has kept his or her certification current; . has practiced massage therapy an average of at least 10 hours per week for at least 10 years; or . 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. . An applicant who has training from another state or country may qualify for a license 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. Exempt bodywork methods include those that involve energy techniques only without intentional soft tissue manipulation of any kind, movement education and re-education, and somatic education, addressing awareness, posture, and action by verbally and physically guiding the student in the discovery of existing and alternative postures and actions. Specific modalities included in this exemption are Zen Therapy, Rolfing, Alexander Technique, Reiki, Polarity, Feldenkrais, Trager, Therapeutic Touch, OrthoBionomy, Reflexology, and approved Asian bodywork modalities. Nothing in this Act limits persons who restrict their manipulation of the soft tissues of the human body to the hands, feet, or ears; persons who manipulate the human body above the neck, below the elbow, and below the knee and do not have the client disrobe; persons practicing the healing arts with the primary purpose of their modality and practice recognized as treatment of the energetic systems of the body rather than treatment for the tonus system of the body, and who may incidentally contact or manipulate soft tissue within the practice of their profession; persons who use touch and verbal communication to deepen awareness of existing patterns of movement in the human body, as well as to suggest new possibilities for movement, and who may incidentally contact or manipulate soft tissue within the practice of their profession. To check on the status of the bill, you can visit the state website or contact the Illinois General Assembly Bill Status at (217)782-3944. 5/17/02: Thank you to our many members who volunteer their time to participate in Massage Lobby Day at the capitol in Springfield to provide legislators with seated chair massage. Maureen Mulhall, lobbyist for House Bill 2271, gave the following report: "I think everyone regards our first lobby day as very successful. There were 60 massage therapists from every corner of the state, with nearly equal representation of ABMP & AMTA members. One school owner, Dennis Hill, took his tabletop face cradle to every Senate office and massaged all of the Senate secretaries!! We worked on about 15 legislators, and I took several therapists to the House chambers to at least meet their Representative. I also took them to their Senator's offices so they could offer a personal invitation to come down for a massage. What does this mean for HB 2271? I think we were really able to get the bill on the Senators' radar! Thanks so much to everyone for making Lobby Day so successful. The participants were therapists who found out about the event through the mailings we did, and chose to take a day away from their practice to do something they believed was important." ABMP continues to track the status of House Bill 2271. For a complete copy of the bill visit www.legis.state.il.us then click on "Legislation Status and Text" and enter "HB2271." 2/20/02: ABMP continues to track the status of House Bill 2271. For a complete copy of the bill visit www.legis.state.il.us then click on "Legislation Status and Text" and enter "HB2271." This bill has not seen any activity since April 10, 2001. 5/18/01: Has passed all three readings in the House and has been sent to the Senate for its first reading. Has not seen any activity since April 10, 2001. 4/18/01: House Bill 2271 was referred to the House Rule Committee on February 27, 2001. If adopted, the bill will regulate the practice of massage therapy through licensure requirements and would take effect January 1, 2004. The requirements, grandfathering and exemptions outlined in the bill are excellent documentation that your opinion really does matter. ABMP shared the results of two legislative surveys and the specifics of existing regulation in other states with our members that took an active role in drafting regulations for Illinois massage therapist. Following are general summaries of three key areas of the bill. For a complete copy of the bill visit www.legis.state.il.us then click on Legislation Status and Text and enter hb2271. Licensure Requirements would include the applicant being at least 18 years of age and of good moral character and the applicant must meet one of the following requirements: . has successfully completed the curriculum or curriculums of one or more approved massage therapy schools that require a minimum of 500 hours and has passed a competency examination approved by the Massage Licensing Board; . holds a current license from another jurisdiction having licensure requirements that meet or exceed those defined within this Act; or . 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 and maintains current certification. The Grandfathering provision provides for a period of 2 years after the effective date, the Department may issue a license to an individual who, in addition to meeting the age and good moral character requirements, produces proof that he or she has met at least one of the following requirements before January 1, 2004. . 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; . has passed the National Certification Exam of Therapeutic Massage and Bodywork and has kept his or her certification current; . has practiced massage therapy an average of at least 10 hours per week for at least 10 years; or . 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. . An applicant who has training from another state or country may qualify for a license 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. Exempt bodywork methods include those that involve energy techniques only without intentional soft tissue manipulation of any kind, movement education and re-education, and somatic education, addressing awareness, posture, and action by verbally and physically guiding the student in the discovery of existing and alternative postures and actions. Specific modalities included in this exemption are Zen Therapy, Rolfing, Alexander Technique, Reiki, Polarity, Feldenkrais, Trager, Therapeutic Touch, OrthoBionomy, Reflexology, and approved Asian bodywork modalities. To check on the status of the bill, you can visit the state website or contact the Illinois General Assembly Bill Status at (217)782-3944. 3/2/01: House Bill 2271 was referred to the House Rule Committee on February 27, 2001. There will be a house hearing on March 7, 2001 at 2:00 pm in Capitol Building Room-114 If adopted, the bill will regulate the practice of massage therapy through licensure requirements and would take effect January 1, 2004. The requirements, grandfathering and exemptions outlined in the bill are excellent documentation that your opinion really does matter. ABMP shared the results of two legislative surveys and the specifics of existing regulation in other states with our members that took an active role in drafting regulations for Illinois massage therapist. Following are general summaries of three key areas of the bill. For a complete copy of the bill visit www.legis.state.il.us then click on Legislation Status and Text and enter hb2271. Licensure Requirements would include the applicant being at least 18 years of age and of good moral character and the applicant must meet one of the following requirements: . has successfully completed the curriculum or curriculums of one or more approved massage therapy schools that require a minimum of 500 hours and has passed a competency examination approved by the Massage Licensing Board; . holds a current license from another jurisdiction having licensure requirements that meet or exceed those defined within this Act; or . 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 and maintains current certification. The Grandfathering provision provides for a period of 2 years after the effective date, the Department may issue a license to an individual who, in addition to meeting the age and good moral character requirements, produces proof that he or she has met at least one of the following requirements before January 1, 2004. . 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; . has passed the National Certification Exam of Therapeutic Massage and Bodywork and has kept his or her certification current; . has practiced massage therapy an average of at least 10 hours per week for at least 10 years; or . 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. . An applicant who has training from another state or country may qualify for a license 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. Exempt bodywork methods include those that involve energy techniques only without intentional soft tissue manipulation of any kind, movement education and re-education, and somatic education, addressing awareness, posture, and action by verbally and physically guiding the student in the discovery of existing and alternative postures and actions. Specific modalities included in this exemption are Zen Therapy, Rolfing, Alexander Technique, Reiki, Polarity, Feldenkrais, Trager, Therapeutic Touch, OrthoBionomy, Reflexology, and approved Asian bodywork modalities. Nothing in this Act limits persons who restrict their manipulation of the soft tissues of the human body to the hands, feet, or ears; persons who manipulate the human body above the neck, below the elbow, and below the knee and do not have the client disrobe; persons practicing the healing arts with the primary purpose of their modality and practice recognize d as treatment of the energetic systems of the body rather than treatment for the tonus system of the body, and who may incidentally contact or manipulate soft tissue within the practice of their profession; persons who use touch and verbal communication to deepen awareness of existing patterns of movement in the human body, as well as to suggest new possibilities for movement, and who may incidentally contact or manipulate soft tissue within the practice of their profession. To check on the status of the bill, you can visit the state website or contact the Illinois General Assembly Bill Status at (217)782-3944. |