SB3516 101ST GENERAL ASSEMBLY

LRB101 19772 SPS 69282 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3516

Introduced 2/14/2020, by Sen. Linda Holmes

SYNOPSIS AS INTRODUCED:

New Act
5 ILCS 80/4.41 new

Creates the Traditional Asian Healing Therapist Licensing Act. Provides for the licensure of traditional Asian healing therapist, which specifically includes the practice of Asian bodywork therapy, clinical Qigong therapy, and Thai bodywork therapy, by the Department of Financial and Professional Regulation. Creates the Traditional Asian Healing Therapist Licensing Board. Sets forth provisions concerning application, qualifications, grounds for disciplinary action, and administrative procedures. Amends the Regulatory Sunset Act to set a repeal date for the new Act of January 1, 2031. Effective immediately.

FISCAL NOTE ACT MAY APPLY

HOME RULE NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Traditional Asian Healing Therapist Licensing Act.

Section 5. Declaration of public policy. The practice of traditional Asian healing therapy, specifically Asian bodywork therapy, clinical Qigong therapy, and Thai bodywork therapy, are hereby declared to affect the public health, safety, and welfare and to be subject to regulation in the public interest. The purpose of this Act is to protect and benefit the public by setting standards of qualifications, education, training, and experience for those who seek to practice traditional Asian healing therapy, to promote high standards of professional performance for those licensed to practice traditional Asian healing therapies in the State of Illinois, and to protect the public from unprofessional conduct by persons licensed to practice.

Section 10. Definitions. As used in this Act:

"Approved traditional Asian healing therapy school" means a facility that meets the minimum standards for training and curriculum as determined by the Department.

"Asian bodywork therapist" means a person who is licensed by the Department and administers Asian bodywork therapy for compensation.

"Asian bodywork therapy" means the evaluation and treatment of the body, mind, emotions, and spirit based upon Chinese medical principles using manual pressure and manipulation. "Asian bodywork therapy" includes, but is not limited to, assessment in accordance with Chinese medicine principles and assessment techniques. The scope of practice of Asian bodywork therapy applies traditional Chinese medicine principles and methodologies, including, but not limited to, using hands, forearms, elbows, knees, feet, or hand-held, non-puncturing, or mechanical appliances or devices that enhance treatment outcomes. "Asian bodywork therapy" includes, but is not limited to, the utilization of any or all of the following techniques: pressing, soothing, kneading, vibration, friction, passive stretching within the normal anatomical range of motion, active assistive and resistive movement and stretching, tapping, or exercising and manipulation of the soft tissues and fascia. Application and use of any of the following may be utilized by properly trained practitioners to assist in treatment: oils, lotions, gels, liniments, rubbing alcohol, powders, creams, cupping, moxibustion, gua sha, elastic therapeutic tape, instrument-assisted soft tissue mobilization, magnets, tuning forks, acupressure seeds, beads, press balls, teishins, enshins, zanshins, ion pumping cords, Manaka hammer and wooden needle, shonishin tools and other non-insertive tools and devices, hot and cold therapy (including heat lamps and heating pads), compresses, external application of medicinal plants, eastern lifestyle suggestions, and other techniques, practices, and adjunct therapies.

"Board" means the Traditional Asian Healing Therapist Licensing Board.

"Clinical Qigong therapist" means a person who is licensed by the Department and administers clinical Qigong therapy for compensation.

"Clinical Qigong therapy" means the evaluation and treatment of the body, mind, emotions, and spirit based upon Chinese medical principles and skills derived through self-cultivation. The scope of practice of clinical Qigong therapy includes Qi transmission through non-touch and light touch methods and prescription of Qigong exercises and meditations. Cupping, tuning forks, guasha, moxibustion, external application of medicinal plants, eastern lifestyle suggestions, and other techniques, practices, and adjunct therapies may be used by properly trained practitioners.

"Compensation" means the payment, loan, advance, donation, contribution, deposit, or gift of money or anything of value.

"Department" means the Department of Financial and Professional Regulation.

"Director" means the Director of Professional Regulation.

"Minimum standard of training" means at least 600 hours of training including anatomy, physiology, ethics, business, directly supervised clinical work, traditional health theories relevant to the practice of the therapy, and application of techniques, in addition to any definitions added by rule.

"NCCAOM" means the National Certification Commission for Acupuncture and Oriental Medicine.

"Secretary" means the Secretary of Financial and Professional Regulation.

"Thai bodywork therapist" means a person who is licensed by the Department and administers Thai bodywork therapy for compensation.

"Thai bodywork therapy" or "Thai bodywork" means a system of observation, evaluation, treatment of the body, mind, and spirit according to traditional Thai medicine principles. The system may include, but is not limited to, structured palpation or movement of the soft tissue of the body using techniques such as compression, kneading, thumbing, percussion, passive joint range of motion, and stretching activities as they pertain to bodywork therapy. The practitioner may use their hands, elbows, knees, or feet to affect desired changes in the soft tissue. The system may also include, but is not limited to, use of liniments, balms, gaan kroot (scraping), luk pra kob (warm herbal compresses), tok sen (vibrational therapy), external application of medicinal plants, eastern lifestyle suggestions including exercise, posture, sleep and diet, meditation, mantra and chanting, Buddhist philosophy, and other techniques or practices. These techniques may be applied by a licensed Thai bodywork therapist with or without the aid of lubricants, herbal preparations, or a non-mechanical device that mimics or enhances the actions possible by human hands. The purpose of the practice of Thai bodywork therapy, as licensed under this Act, is to enhance the general health and well-being of the mind, body, and spirit of the recipient and to relieve pain and suffering.

"Traditional Asian healing therapist" means a person who is licensed by the Department and administers traditional Asian healing therapy for compensation.

"Traditional Asian healing therapy" means the health care professions of Asian bodywork therapy, clinical Qigong therapy, and Thai bodywork therapy. "Traditional Asian healing therapy" does not include the diagnosis of a specific pathology, nor does it include acts of physical therapy or therapeutic or corrective measures that are outside the scope of Asian bodywork therapy, clinical Qigong therapy, and Thai bodywork therapy as defined in this Section.

Section 15. Licensure requirements.

(a) Beginning July 1, 2020, or the effective date of the rules adopted under this Act, whichever is later, persons engaged in traditional Asian healing therapy for compensation must be licensed by the Department. The Department shall issue a license to an individual who meets all of the following requirements:

(1) The applicant has applied in writing on the prescribed forms and has paid the required fees.

(2) The applicant is at least 18 years of age and of good moral character. In determining good moral character, the Department may take into consideration the conviction of any crime under the laws of the United States or any state or territory thereof that is a felony or a misdemeanor, or any crime that is directly related to the practice of the profession, including the revocation of any professional license due to immoral reasons. Such a conviction or license revocation shall not operate automatically as a complete bar to a license, except in the case of any conviction for prostitution, rape, or sexual misconduct, or where the applicant is a registered sex offender.

(3) The applicant has met one of the following requirements:

(A) has successfully completed the curriculum or curriculums of one or more traditional Asian healing therapy schools approved by the Department that requires a minimum standard of training and has passed a competency examination approved by the Board, to include, but not be limited to, the NCCAOM ABT Exam Module, National Certification Exam for Therapeutic Massage and Bodywork, the Massage and Bodywork Licensing Exam, or a traditional Asian healing therapy certification or competency examination approved by the Board;

(B) holds a current license from another jurisdiction having licensure requirements that meet or exceed those defined within this Act; or

(C) has moved to Illinois from a jurisdiction with no licensure requirement, and has met one of the following requirements:

(i) has provided documentation that he or she is currently certified by the National Certification Commission for Acupuncture and Oriental Medicine as a Diplomate in Asian Bodywork Therapy;

(ii) has successfully passed another traditional Asian healing therapy certifying examination approved by the Board; or

(iii) is a member in good standing of the American Organization for Bodywork Therapies of Asia, the National Qigong Association, the Thai Healing Alliance International, or another professional membership association approved by the Board or Department, at a level of membership as specified by rule.

(b) Each applicant for licensure as a traditional Asian healing therapist shall have his or her fingerprints submitted to the Illinois 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 Illinois State Police. These fingerprints shall be checked against the Illinois State Police and Federal Bureau of Investigation criminal history record databases now and hereafter filed. The Illinois State Police shall charge applicants a fee for conducting the criminal history records check, which shall be deposited into the State Police Services Fund and shall not exceed the actual cost of the records check. The Illinois State Police shall furnish, pursuant to positive identification, records of Illinois convictions to the Department. The Department may require applicants to pay a separate fingerprinting fee, either to the Department or to a vendor. The Department, in its discretion, may allow an applicant who does not have reasonable access to a designated vendor to provide his or her fingerprints in an alternative manner. The Department may adopt any rules necessary to implement this Section.

Section 20. Licensure of current practitioners.

(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 the previous Section, produces proof that he or she has met at least one of the following requirements by the time of application:

(1) is a registered active member of a nationally recognized Asian bodywork therapy, clinical Qigong therapy or Thai bodywork therapy professional organization approved by the Board or Department, at a membership or certification level approved by the Board or Department, based on a verified minimum level of training, demonstration of competency, and adherence to ethical standards set by their governing body; for purposes of this paragraph (1), "active member" does not include students;

(2) is a member of the American Organization for Bodywork Therapies of Asia at a level of membership requiring at least 500 hours of training, including Certified Practitioner, Registered Instructor, or Certified Instructor;

(3) is a member of the Thai Healing Alliance International at a level of membership requiring at least 200 hours of training, including Registered Thai Therapist or Instructor;

(4) is certified by the National Qigong Association as a Clinical Qigong Practitioner with a minimum of 500 hours of training;

(5) has practiced any traditional Asian healing therapy as listed in subsection (a) of Section 30 of this Act for at least one year prior to July 1, 2020, or the passage date of this Act, whichever is later, has completed 200 hours of formal training, and has maintained professional liability insurance without incident;

(6) has practiced any of the traditional Asian healing therapy as listed in subsection (a) of Section 30 of this Act for at least 10 years prior to July 1, 2020, or the effective date of this Act, whichever is later and has maintained professional liability insurance without incident; or

(7) is currently certified by the National Certification Commission for Acupuncture and Oriental Medicine as a Diplomate in Asian Bodywork Therapy.

(b) An individual who has practiced traditional Asian healing therapy for a minimum of one year prior to July 1, 2020, or the passage date of this Act, whichever is later, but has less than 200 hours of formal training, or an individual who has practiced for less than one year, but has 200 hours of formal training, may be issued a license under this Section, but must complete at least 100 additional hours of formal training consisting of at least 25 hours in anatomy and physiology by July 1, 2022 or 2 years after the effective date of the rules adopted under this Act, whichever is later.

(c) For purposes of this Section, "formal training" is described as a traditional Asian healing therapy curriculum approved or endorsed by the American Organization for Bodywork Therapies of Asia Council of Schools and Programs, the National Certification Board for Therapeutic Massage and Bodywork, the Commission on Massage Therapy Accreditation, the Illinois State Board of Education, the Illinois Board of Higher Education, or course work approved by the Board or Department.

Section 25. Exemptions.

(a) This Act does not prohibit a person licensed under any other Act in this State from engaging in the profession for which he or she is licensed.

(b) Nothing in this Act prohibits a student of an approved traditional Asian healing therapy school or program from performing traditional Asian healing therapy, provided that the student does not hold himself or herself out as a licensed traditional Asian healing therapist and does not receive compensation for traditional Asian healing therapy services.

(c) Nothing in this Act applies to acupuncturists licensed under the Acupuncture Practice Act.

(d) Nothing in this Act applies to traditional Asian healing therapists or acupuncturists from other states, territories, or countries when providing educational programs or services for a period not exceeding 30 days within a calendar year.

(e) Nothing in this Act prohibits a person from engaging in the personal practice or instruction of Qigong self-improvement exercises or meditations that are not specifically defined in Section 10 of this Act.

(f) Nothing in this Act prohibits a person from engaging in a profession not specifically named or defined within this Act.

Section 30. Title protection.

(a) Persons regulated by this Act are designated as a traditional Asian healing therapists and, therefore, are exclusively entitled to utilize the terms that reflect their credentials of Asian bodywork, Asian bodywork therapy, clinical Qigong, clinical Qigong therapy, Thai bodywork, Thai bodywork therapy, and their abbreviations or derivations, or any specific titles, abbreviations or derivations of Asian bodywork therapy forms when advertising or printing promotional material. Protected Asian bodywork therapy form-specific titles include, but are not limited to, "Acupressure," "Amma", "Amma Therapy", "Chi Nei Tsang", "Five Element Shiatsu", "Integrative Eclectic Shiatsu", "Japanese Shiatsu", "Jin Shin Do Bodymind Acupressure", "Jin Shou Tuina", "Macrobiotic Shiatsu", "Nuad Bo 'Rarn", "Okazaki Restorative Therapy", "Pacific and Asian Restoration Therapies of Danzan Ryu", "Shiatsu", "Shiatsu Anma Therapy", "Tuina", and "Zen Shiatsu".

(b) Anyone who knowingly aids and abets one or more persons not authorized to use a professional title, abbreviation, or derivation thereof regulated by this Act, or knowingly employs persons not authorized to use the regulated professional title in the course of their employment, commits a violation of this Act.

(c) Anyone not authorized under this Act to utilize the regulated professional titles, abbreviations, or derivations thereof and who knowingly utilizes these terms when advertising commits a violation of this Act.

Section 35. Traditional Asian Healing Therapist Licensing Board.

(a) The Director shall appoint a Traditional Asian Healing Therapist Licensing Board, which shall serve in an advisory capacity to the Director. The Board shall consist of 7 members, 6 of whom shall be therapists with at least 3 years of experience in traditional Asian healing therapy. At least one of the 6 therapist members shall represent a traditional Asian healing therapy school. One member of the Board shall be a member of the public who is not licensed under this Act or a similar Act in Illinois or another jurisdiction. Membership on the Board shall reasonably reflect the various traditional Asian healing therapy forms. Membership on the Board shall reasonably reflect the geographic areas of the State. The Board shall meet annually to elect a chairperson and vice chairperson. The Board shall hold regularly scheduled meetings during the year. A simple majority of the Board shall constitute a quorum at any meeting. Any action taken by the Board must be on the affirmative vote of a simple majority of members. Voting by proxy shall not be permitted. The Board shall convene meetings either in person or via an electronic format in accordance with the Open Meetings Act at the discretion of the Director.

(b) Members shall be appointed to a 3-year term, except that initial appointees shall serve the following terms: 2 members shall serve for one year, 2 members shall serve for 2 years, and 3 members shall serve for 3 years. A member whose term has expired shall continue to serve until his or her successor is appointed. No member shall be reappointed to the Board for a term that would cause his or her continuous service on the Board to exceed 9 years. Appointments to fill vacancies shall be made in the same manner as the original appointments for the unexpired portion of the vacated term.

(c) The members of the Board are entitled to receive compensation for all legitimate and necessary expenses incurred while attending Board and Department meetings.

(d) Members of the Board shall be immune from suit in any action based upon any disciplinary proceedings or other activities performed in good faith as members of the Board.

(e) The Director shall consider the recommendations of the Board on questions involving the standards of professional conduct, discipline, and qualifications of candidates and licensees under this Act. Nothing shall limit the ability of the Board to provide recommendations to the Director in regard to any matter affecting the administration of this Act. The Director shall give due consideration to all recommendations of the Board. If the Director takes action contrary to a recommendation of the Board, the Director shall provide a written explanation of that action.

(f) The Director may terminate the appointment of any member for cause that, in the opinion of the Director, reasonably justifies termination, which may include, but is not limited to, a Board member who does not attend 2 consecutive meetings.

Section 40. Duties of the Department. 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. The Department shall adopt rules to implement, interpret, or make specific the provisions and purposes of this Act; however, no such rules shall be adopted by the Department except upon review and approval by the Board.

Section 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 action, as the Department considers appropriate, including the imposition of fines not to exceed $1,000 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 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; this includes advertising using form-specific titles, initials, abbreviations, or their derivations protected under subsection (a) of this Section 30 of this Act without adequate training in the form;

(5) aiding, abetting, assisting, procuring, advising, employing, or contracting with any unlicensed person to practice traditional Asian healing therapy 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 that 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;

(11) having a habitual or excessive use of or addiction to alcohol, narcotics, stimulants, or any other chemical agent or drug that 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 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 after the effective date of the order imposing the fine.

(b) A person not licensed under this Act and engaged in the business of offering traditional Asian healing therapy services through others shall not aid, abet, assist, procure, advise, employ, or contract with any unlicensed person to practice traditional Asian healing 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 the license issued under this Act of any person who is convicted of prostitution, rape, 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 traditional Asian healing therapist.

(d) The Department may refuse to issue or may suspend the 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 the requirements of the tax Act are satisfied in accordance with subsection (g) of Section 2105-15 of the Professional Regulation Law of the Civil Administrative Code of Illinois.

(e) 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 Professional Regulation Law of the Civil Administrative Code of Illinois.

(f) 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 the patient.

In instances in which the Director 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 in compliance with acceptable and prevailing standards under the provisions of his or her license.

Section 50. Advertising. It is a violation of this Act for any person, organization, or corporation to advertise traditional Asian healing therapy services unless the person providing the service holds a valid license under this Act, except for those excluded licensed professionals who are allowed to include traditional Asian healing therapy in their scope of practice. A traditional Asian healing therapist may not advertise unless he or she has a current license issued by this State. As used in this Section, "advertise" includes, but is not limited to, the issuance of any card, sign, or device to any person; the causing, permitting, or allowing of any sign or marking on or in any building, vehicle, or structure; advertising in any newspaper, magazine, or digital media; any listing or advertising in any directory under a classification or heading that includes the words "Asian bodywork", "Asian bodywork therapy", "clinical Qigong", "clinical Qigong therapy", "Thai bodywork", "Thai bodywork therapy", or any form-specific titles as specified in subsection (a) of Section 30 of this Act; or commercials broadcast by any means.

Section 55. Exclusive jurisdiction. Beginning July 1, 2020, or the effective date of the rules adopted under this Act, whichever is later, the regulation and licensing of traditional Asian healing therapy is an exclusive power and function of the State of Illinois. Beginning July 1, 2020, or the effective date of the rules adopted under this Act, whichever is later, a home rule unit may not regulate or license traditional Asian healing therapists or traditional Asian healing therapy establishments. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.

Section 60. Illinois Administrative Procedure Act. The Illinois Administrative Procedure Act is hereby expressly adopted and incorporated herein as if all of the provisions of that Act were included in this Act, except that the provisions of subsection (d) of Section 10-65 of the Illinois Administrative Procedure Act that provides that at hearings the licensee has the right to show compliance with all lawful requirements for retention, continuation, or renewal of the license is specifically excluded. For the purposes of this Act the notice required under Section 10-25 of the Illinois Administrative Procedure Act is deemed sufficient when mailed to the last known address of a party.

Section 65. Renewal of licenses. The expiration date and renewal period for each license issued under this Act shall be set by rule.

Section 67. Continuing education. The Department shall adopt rules for continuing education for persons licensed under this Act that require a completion of 12 hours of approved continuing education per year in the license renewal period. The Department shall establish by rule a means for the verification of completion of the continuing education required by this Section. This verification may be accomplished through audits of records maintained by the licensee, by requiring the filing of continuing education certificates with the Department, or by other means established by the Department. Licensees are required to maintain proof of continuing education or certificates for a period of 3 years.

Section 70. Restoration of expired licenses. A traditional Asian healing 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, and by paying the required restoration fee and showing proof of completion of the required continuing education. Acceptable proof may include sworn evidence certifying to active practice in another jurisdiction satisfactory to the Department, or sworn verification that while on inactive status the therapist did not practice for compensation without a license. Licensees must provide proof of completion of 24 hours of approved continuing education to renew their license.

However, a traditional Asian healing 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 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 education has been terminated.

Section 75. Inactive licenses. A traditional Asian healing therapist who notifies the Department in writing on forms prescribed by the Department may elect to place his or her license on inactive status and shall, subject to rules of the Department, be excused from payment of renewal fees until he or she notifies the Department in writing of his or her desire to resume active status.

A traditional Asian healing therapist requesting restoration from inactive status shall be required to pay the current renewal fee and shall be required to restore his or her license as provided in Section 70 of this Act.

A traditional Asian healing therapist whose license is on inactive status shall not practice traditional Asian healing therapy in the State, and any practice conducted shall be deemed unlicensed practice.

Section 80. Fees. The fees assessed under this Act shall be set by rule.

Section 85. Deposit of fees and fines; appropriations. All fees and fines collected under this Act shall be deposited into the General Professions Dedicated Fund. All moneys in the Fund shall be used by the Department of Financial and Professional Regulation, as appropriated, for the ordinary and contingent expenses of the Department.

Section 90. Violations; injunction; cease and desist order.

(a) If any person violates a provision of this Act, the Director may, in the name of the People of the State of Illinois, through the Attorney General of the State of Illinois or the State's Attorney in the county in which the offense occurs, petition for an order enjoining the violation or for an order enforcing compliance with this Act. Upon the filing of a verified petition in court, the court may issue a temporary restraining order, without notice or bond, and may preliminarily and permanently enjoin the violation. If it is established that the person has violated or is violating the injunction, the court may punish the offender for contempt of court. Proceedings under this Section shall be in addition to, and not in lieu of, all other remedies and penalties provided by this Act.

(b) If, after July 1, 2020, or the effective date of the rules adopted under this Act, whichever is later, any person practices as a traditional Asian healing therapist or holds himself or herself out as a traditional Asian healing therapist without being licensed under the provisions of this Act, then the Director, any licensed traditional Asian healing therapist, any interested party, or any person injured thereby may petition for relief as provided in subsection (a) of this Section or may apply to the circuit court of the county in which the violation or some part thereof occurred, or in which the person complained of has his or her principal place of business or resides, to prevent the violation. The court has jurisdiction to enforce obedience by injunction or by other process restricting the person complained of from further violation and enjoining upon him or her obedience.

(c) Whenever, in the opinion of the Department, a person violates any provision of this Act, the Department may issue a rule for the person to show cause why an order to cease and desist should not be entered against him or her. The rule shall clearly set forth the grounds relied upon by the Department and shall provide a period of 7 days from the date of the rule to file an answer to the satisfaction of the Department. Failure to answer to the satisfaction of the Department shall cause an order to cease and desist to be issued immediately.

Section 95. Investigations; notice and hearing. The Department may investigate the actions of any applicant or of any person holding or claiming to hold a license. The Department shall, before refusing to issue or renew a license or to discipline a licensee pursuant to Section 45, notify the applicant or holder of a license in writing, at least 30 days prior to the date set for the hearing, of the nature of the charges and that a hearing will be held on the date designated. The notice shall direct the applicant or licensee to file a written answer to the Board under oath within 20 days after the service of the notice, and shall inform the applicant or licensee that failure to file an answer will result in a default judgment being entered against the applicant or licensee. A default judgment may result in the license being suspended, revoked, or placed on probationary status, or other disciplinary action may be taken, including limiting the scope, nature, or extent of practice, as the Director may deem proper. 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. If 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. At the time and place fixed in the notice, the Board shall proceed to hear the charges and the parties or their counsel shall be accorded ample opportunity to present statements, testimony, evidence and argument that may be pertinent to the charges or to the licensee's defense. The Board may continue a hearing from time to time.

Section 100. Stenographer; transcript. The Department, at its expense, shall preserve a record of all proceedings at the formal hearing of any case involving the refusal to issue or renew a license or the discipline of a licensee. 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.

Section 105. Compelling testimony. Any circuit court, upon application of the Department or its designee or of the applicant or licensee against whom proceedings pursuant to Section 95 of this Act are pending, may enter an order requiring the attendance of witnesses and their testimony and the production of documents, papers, files, books, and records in connection with any hearing or investigation. The court may compel obedience to its order by proceedings for contempt.

Section 110. Findings and recommendations. At the conclusion of the hearing, the Board shall present to the Director a written report of its findings and recommendations. The report shall contain a finding of whether or not the accused person violated this Act or failed to comply with the conditions required in this Act. The Board shall specify the nature of the violation or failure to comply and shall make its recommendations to the Director.

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 Director shall determine that the Board's report is contrary to the manifest weight of the evidence, in which case the Director may issue an order in contravention of the Board's report. The finding is not admissible in evidence against the person in a criminal prosecution brought for the violation of this Act, but the hearing and finding are not a bar to a criminal prosecution brought for the violation of this Act.

Section 115. Rehearing. In any case involving the refusal to issue or renew a license or discipline of a licensee, a copy of the Board's report shall be served upon the respondent by the Department, either personally or as provided in this Act for the service of the notice of hearing. Within 20 days after service, the respondent may present to the Department a motion, in writing and specifying particular grounds for a rehearing. If no motion for rehearing is filed, then upon the expiration of the time specified for filing the motion, or if a motion for rehearing is denied, then upon the denial, the Director may enter an order in accordance with recommendations of the Board, except as provided in Section 110 of this Act. 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 delivery of the transcript to the respondent.

Section 120. Director; rehearing. Whenever the Director is satisfied that substantial justice has not been done in the revocation, suspension, or refusal to issue or renew a license, the Director may order a rehearing by the same or other examiners.

Section 125. Appointment of a hearing officer. The Director shall have the authority to appoint any attorney duly licensed to practice law in this State to serve as the hearing officer in any action for refusal to issue or renew a license or permit or for the discipline of a licensee. The hearing officer shall have full authority to conduct the hearing. At least one member of the Board shall attend each hearing. The hearing officer shall report his or her findings and recommendations to the Board and the Director. The Board shall have 60 days after receipt of the report to review the report of the hearing officer and present its findings of fact, conclusions of law, and recommendations to the Director. If the Board fails to present its report within the 60-day period, the Director shall issue an order based on the report of the hearing officer. If the Director determines that the Board's report is contrary to the manifest weight of the evidence, he or she may issue an order in contravention of the Board's report.

Section 130. Order or certified copy; prima facie proof. An order or a certified copy thereof, over the seal of the Department and purporting to be signed by the Director, shall be prima facie proof that:

(1) the signature is the genuine signature of the Director;

(2) the Director is duly appointed and qualified; and

(3) the Board and the members of the Board are qualified to act.

Section 135. Restoration of license from discipline. At any time after the successful completion of a term of indefinite probation, suspension, or revocation of a license, the Department may restore the license to the licensee, upon written recommendation of the Board, unless after an investigation and a hearing the Director determines that restoration is not in the public interest. No person or entity whose license, certificate, or authority has been revoked as authorized in this Act may apply for restoration of that license, certification, or authority as provided for in the Civil Administrative Code of Illinois.

Section 140. Surrender of license. Upon the revocation or suspension of any license, the licensee shall surrender the license to the Department and, if the licensee fails to do so, the Department shall have the right to seize the license.

Section 145. Temporary suspension of a license. The Director may temporarily suspend the license of a traditional Asian healing therapist without a hearing, simultaneously with the institution of proceedings for a hearing provided for in Section 95 of this Act, if the Director finds that the evidence in his or her possession indicates that continuation in practice would constitute an imminent danger to the public. The Director temporarily suspends the license of a traditional Asian healing therapist without a hearing, a hearing by the Board must be held within 30 calendar days after the suspension has occurred.

Section 150. Administrative review; venue. All final administrative decisions of the Department are subject to judicial review under the Administrative Review Law and its rules. The term "administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure.

Proceedings for judicial review shall be commenced in the circuit court of the county in which the party applying for relief resides; but if the party is not a resident of this State, the venue shall be in Sangamon County.

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 the Department has received from the plaintiff payment of the costs of furnishing and certifying the record, which costs shall be determined by the Department. Failure on the part of the plaintiff to file a receipt in court shall be grounds for dismissal of the action.

Section 155. Violations.

(a) A person who is found to have violated any provision of this Act is guilty of a Class A misdemeanor for the first offense and a Class 4 felony for the second and any subsequent offense.

(b) Any person representing himself or herself or advertising as an Asian bodywork therapist, clinical Qigong therapist, Thai bodywork therapist, or derivations thereof, or that the services he or she renders are defined in Section 10, or who uses any titles, words, or derivations thereof as listed in subsection (a) of Section 30 of this Act, or who uses any initials, abbreviations or letters, including, but not limited to "ABT", "CQT", "TBT", indicating that he or she is engaged in the practice of Asian bodywork therapy, clinical Qigong therapy, or Thai bodywork therapy when he or she does not possess a currently valid license commits a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense.

(c) Whoever knowingly practices or offers to practice any form of Asian bodywork therapy, clinical Qigong therapy, or Thai bodywork therapy in this State without a license for that purpose, or whoever knowingly aids, abets, assists, procures, advises, employs, or contracts with any unlicensed person to practice any form of Asian bodywork therapy, clinical Qigong therapy, or Thai bodywork therapy contrary to any rule or provision of this Act, shall be guilty of a Class A misdemeanor for a first offense and shall be guilty of a Class 4 felony for a second or subsequent offense.

Section 160. Returned checks; fines. Any person who delivers a check or other payment to the Department that is returned to the Department unpaid by the financial institution upon which it is drawn shall pay to the Department, in addition to the amount already owed to the Department, a fine of $50. The fines imposed by this Section are in addition to any other discipline provided under this Act for unlicensed practice or practice on a non-renewed license. The Department shall notify the person that payment of fees and fines shall be paid to the Department by certified check or money order within 30 calendar days of the notification. If, after the expiration of 30 days after the date of the notification, the person has failed to submit the necessary remittance, the Department shall automatically terminate the license or deny the application, without hearing. If, after termination or denial, the person seeks a license, he or she shall apply to the Department for restoration or issuance of the license and pay all fees and fines due to the Department. The Department may establish a fee for the processing of an application for restoration of a license to pay all expenses of processing this application. The Director may waive the fines due under this Section in individual cases where the Director finds that the fines would be unreasonable or unnecessarily burdensome.

Section 165. Unlicensed practice; violation; civil penalty.

(a) Any person who practices, offers to practice, attempts to practice, or holds himself or herself out to practice traditional Asian healing therapy or as a traditional Asian healing 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 traditional Asian healing 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 $1,000 for each violation of this Act as determined by the Department. The civil penalty shall be assessed by the Department after a hearing is held in accordance with the provisions set forth in this Act regarding the provision of a hearing for the discipline of a licensee.

(b) The Department has the authority and power to investigate any unlicensed activity.

(c) The civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed, and execution had thereon in the same manner as any judgment from any court of record.

Section 170. Severability. If any provision of this Act or the application of any provision of this Act to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and for this purpose the provisions of this Act are severable.

Section 900. The Regulatory Sunset Act is amended by adding Section 4.41 as follows:

(5 ILCS 80/4.41 new)

Sec. 4.41. Act repealed on January 1, 2031. The following Act is repealed on January 1, 2031:

The Traditional Asian Healing Therapist Licensing Act.

Section 999. Effective date. This Act takes effect upon becoming law.