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Public Act 103-0757
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| SB2660 Enrolled | LRB103 35933 SPS 66020 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Massage Licensing Act is amended by |
changing Section 45 as follows:
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(225 ILCS 57/45) |
(Section scheduled to be repealed on January 1, 2027) |
Sec. 45. Grounds for discipline. |
(a) The Department may refuse to issue or renew, or may |
revoke, suspend, place on probation, reprimand, or take other |
disciplinary or non-disciplinary action, as the Department |
considers appropriate, including the imposition of fines not |
to exceed $10,000 for each violation, with regard to any |
license or licensee for any one or more of the following: |
(1) violations of this Act or of the rules adopted |
under this Act; |
(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 |
the laws of any jurisdiction of the United States: (i) |
that is a felony; or (ii) that is a misdemeanor, an |
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essential element of which is dishonesty, or that is |
directly related to the practice of the profession; |
(3) professional incompetence; |
(4) advertising in a false, deceptive, or misleading |
manner, including failing to use the massage therapist's |
own license number in an advertisement; |
(5) aiding, abetting, assisting, procuring, advising, |
employing, or contracting with any unlicensed person to |
practice massage contrary to any rules or provisions of |
this Act; |
(6) engaging in immoral conduct in the commission of |
any act, such as sexual abuse, sexual misconduct, or |
sexual exploitation, related to the licensee's practice; |
(7) engaging in dishonorable, unethical, or |
unprofessional conduct of a character likely to deceive, |
defraud, or harm the public; |
(8) 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; |
(9) knowingly delegating professional |
responsibilities to a person unqualified by training, |
experience, or licensure to perform; |
(10) failing to provide information in response to a |
written request made by the Department within 60 days; |
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(11) having a habitual or excessive use of or |
addiction to alcohol, narcotics, stimulants, or any other |
chemical agent or drug which results in the inability to |
practice with reasonable judgment, skill, or safety; |
(12) having a pattern of practice or other behavior |
that demonstrates incapacity or incompetence to practice |
under this Act; |
(13) discipline by another state, District of |
Columbia, territory, or foreign nation, if at least one of |
the grounds for the discipline is the same or |
substantially equivalent to those set forth in this |
Section; |
(14) a finding by the Department that the licensee, |
after having his or her license placed on probationary |
status, has violated the terms of probation; |
(15) willfully making or filing false records or |
reports in his or her practice, including, but not limited |
to, false records filed with State agencies or |
departments; |
(16) 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; |
(17) fraud or misrepresentation in applying for or |
procuring a license under this Act or in connection with |
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applying for renewal of a license under this Act; |
(18) inability to practice the profession with |
reasonable judgment, skill, or safety as a result of |
physical illness, including, but not limited to, |
deterioration through the aging process, loss of motor |
skill, or a mental illness or disability; |
(19) charging for professional services not rendered, |
including filing false statements for the collection of |
fees for which services are not rendered; |
(20) practicing under a false or, except as provided |
by law, an assumed name; or |
(21) cheating on or attempting to subvert the |
licensing examination administered under this Act. |
All fines shall be paid within 60 days of the effective |
date of the order imposing the fine. |
(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 |
contract with any unlicensed person to practice massage |
therapy contrary to any rules or provisions of this Act. A |
person violating this subsection (b) shall be treated as a |
licensee for the purposes of disciplinary action under this |
Section and shall be subject to cease and desist orders as |
provided in Section 90 of this Act. |
(c) The Department shall revoke any license issued under |
this Act of any person who is convicted of prostitution, rape, |
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sexual misconduct, or any crime that subjects the licensee to |
compliance with the requirements of the Sex Offender |
Registration Act and any such conviction shall operate as a |
permanent bar in the State of Illinois to practice as a massage |
therapist. |
(c-5) A prosecuting attorney shall provide notice to the |
Department of the licensed massage therapist's name, address, |
practice address, and license number and a copy of the |
criminal charges filed immediately after a licensed massage |
therapist has been charged with any of the following offenses: |
(1) an offense for which the sentence includes |
registration as a sex offender; |
(2) involuntary sexual servitude of a minor; |
(3) the crime of battery against a patient, including |
any offense based on sexual conduct or sexual penetration, |
in the course of patient care or treatment; or |
(4) a forcible felony. |
If the victim of the crime the licensee has been charged |
with is a patient of the licensee, the prosecuting attorney |
shall also provide notice to the Department of the patient's |
name. |
Within 5 business days after receiving notice from the |
prosecuting attorney of the filing of criminal charges against |
the licensed massage therapist, the Secretary shall issue an |
administrative order that the licensed massage therapist shall |
practice only with a chaperone during all patient encounters |
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pending the outcome of the criminal proceedings. The chaperone |
shall be a licensed massage therapist or other health care |
worker licensed by the Department. The administrative order |
shall specify any other terms or conditions deemed appropriate |
by the Secretary. The chaperone shall provide written notice |
to all of the licensed massage therapist's patients explaining |
the Department's order to use a chaperone. Each patient shall |
sign an acknowledgment that they received the notice. The |
notice to the patient of criminal charges shall include, in |
14-point font, the following statement: "The massage therapist |
is presumed innocent until proven guilty of the charges.". |
The licensed massage therapist shall provide a written |
plan of compliance with the administrative order that is |
acceptable to the Department within 5 business days after |
receipt of the administrative order. Failure to comply with |
the administrative order, failure to file a compliance plan, |
or failure to follow the compliance plan shall subject the |
licensed massage therapist to temporary suspension of his or |
her license until the completion of the criminal proceedings. |
If the licensee is not convicted of the charge or if any |
conviction is later overturned by a reviewing court, the |
administrative order shall be vacated and removed from the |
licensee's record. |
The Department may adopt rules to implement this |
subsection. |
(d) The Department may refuse to issue or may suspend the |
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license of any person who fails to file a tax return, to pay |
the tax, penalty, or interest shown in a filed tax return, or |
to pay any final assessment of tax, penalty, or interest, as |
required by any tax Act administered by the Illinois |
Department of Revenue, until such time as the requirements of |
the tax Act are satisfied in accordance with subsection (g) of |
Section 2105-15 of the Civil Administrative Code of Illinois. |
(e) (Blank). |
(f) In cases where the Department of Healthcare and Family |
Services has previously determined that a licensee or a |
potential licensee is more than 30 days delinquent in the |
payment of child support and has subsequently certified the |
delinquency to the Department, the Department may refuse to |
issue or renew or may revoke or suspend that person's license |
or may take other disciplinary action against that person |
based solely upon the certification of delinquency made by the |
Department of Healthcare and Family Services in accordance |
with item (5) of subsection (a) of Section 2105-15 of the Civil |
Administrative Code of Illinois. |
(g) The determination by a circuit court that a licensee |
is subject to involuntary admission or judicial admission, as |
provided in the Mental Health and Developmental Disabilities |
Code, operates as an automatic suspension. The suspension will |
end only upon a finding by a court that the patient is no |
longer subject to involuntary admission or judicial admission |
and the issuance of a court order so finding and discharging |
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the patient. |
(h) In enforcing this Act, the Department or 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. The Department or Board may order the examining |
physician to present testimony concerning the mental or |
physical examination of the licensee or applicant. No |
information shall be excluded by reason of any common law or |
statutory privilege relating to communications between the |
licensee or applicant and the examining physician. The |
examining physicians shall be specifically designated by the |
Board or Department. The individual to be examined may have, |
at his or her own expense, another physician of his or her |
choice present during all aspects of this examination. The |
examination shall be performed by a physician licensed to |
practice medicine in all its branches. Failure of an |
individual to submit to a mental or physical examination, when |
directed, shall result in an automatic suspension without |
hearing. |
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 |
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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. Submission to care, counseling, or treatment as |
required by the Department shall not be considered discipline |
of a license. If the licensee refuses to enter into a care, |
counseling, or treatment agreement or fails to abide by the |
terms of the agreement, the Department may file a complaint to |
revoke, suspend, or otherwise discipline the license of the |
individual. The Secretary may order the license suspended |
immediately, pending a hearing by the Department. Fines shall |
not be assessed in disciplinary actions involving physical or |
mental illness or impairment. |
In instances in which the Secretary immediately suspends a |
person's license under this Section, a hearing on that |
person's license must be convened by the Department within 15 |
days after the suspension and completed without appreciable |
delay. The Department and Board shall have the authority to |
review the subject individual's record of treatment and |
counseling regarding the impairment to the extent permitted by |
applicable federal statutes and regulations safeguarding the |
confidentiality of medical records. |
An individual licensed under this Act and affected under |
this Section shall be afforded an opportunity to demonstrate |
to the Department or Board that he or she can resume practice |