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| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB0153 Introduced 2/8/2011, by Sen. Iris Y. Martinez SYNOPSIS AS INTRODUCED: |
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Amends the Massage Licensing Act. Requires that Social Security numbers be on all applications for original, renewed, reinstated, or restored licenses. Permits applicants license as massage therapist in another state or territory to be license by endorsement if the requirements for licensure in the state or territory in which the applicant was licensed were, at the time of licensure, substantially equivalent to the requirements in force in this State on that date. Requires every holder of a massage license to display it or a copy of the license in a conspicuous place in the holder's principal office or other location where the holder renders massage therapy services. Allows the Department to take action, including imposing fines not to exceed $10,000 per violation, if the individual meets the requirements for grounds for disciplinary action. Permits the Department to disclose information and documents related to an examination or investigation of a licensee or applicant only to law enforcement officials, other regulatory agencies that have an appropriate regulatory interest as determined by the Secretary, or a party presenting a lawful subpoena to the Department. Provides that any formal complaint against a licensee filed with the Department or an order issued by the Department against a licensee or applicant shall be a public record. Makes other changes. Amends the Regulatory Sunset Act to extend the Massage Licensing Act from January 1, 2012 to January 1, 2022. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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1 | | AN ACT concerning regulation.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Regulatory Sunset Act is amended by changing |
5 | | Section 4.22 and by adding Section 4.32 as follows:
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6 | | (5 ILCS 80/4.22)
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7 | | Sec. 4.22. Acts repealed on January 1, 2012. The following
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8 | | Acts are repealed on January 1, 2012:
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9 | | The Detection of Deception Examiners Act.
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10 | | The Home Inspector License Act.
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11 | | The Interior Design Title Act.
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12 | | The Massage Licensing Act.
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13 | | The Petroleum Equipment Contractors Licensing Act.
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14 | | The Professional Boxing Act.
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15 | | The Real Estate Appraiser Licensing Act of 2002.
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16 | | The Water Well and Pump Installation Contractor's License |
17 | | Act.
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18 | | (Source: P.A. 95-331, eff. 8-21-07.)
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19 | | (5 ILCS 80/4.32 new) |
20 | | Sec. 4.32. Acts repealed on January 1, 2022. The following |
21 | | Act is repealed on January 1, 2022: |
22 | | The Massage Licensing Act. |
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1 | | Section 10. The Massage Licensing Act is amended by |
2 | | changing Sections 10, 15, 25, 30, 35, 40, 45, 55, 60, 70, 85, |
3 | | 90, 95, 100, 105, 110, 115, 120, 125, 130, 135, 145, 150, 155, |
4 | | 160, and 165 and by adding Sections 17, 19, 32, and 168 as |
5 | | follows:
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6 | | (225 ILCS 57/10)
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7 | | (Section scheduled to be repealed on January 1, 2012)
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8 | | Sec. 10. Definitions. As used in this Act:
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9 | | "Address of Record" means the designated address recorded |
10 | | by the Department in the applicant's or licensee's application |
11 | | file or license file as maintained by the Department's |
12 | | licensure maintenance unit. It is the duty of the applicant or |
13 | | licensee to inform the Department of any change of address and |
14 | | those changes must be made either through the Department's |
15 | | website or by contacting the Department. |
16 | | "Approved massage school" means a facility which meets |
17 | | minimum
standards for training and curriculum as determined by |
18 | | the Department.
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19 | | "Board" means the Massage Licensing Board appointed by the |
20 | | Secretary
Director .
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21 | | "Compensation" means the payment, loan, advance, donation, |
22 | | contribution,
deposit, or
gift of money or anything of value.
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23 | | "Department" means the Department of Financial and |
24 | | Professional Regulation.
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1 | | "Director" means the Director of Professional Regulation.
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2 | | "Massage" or "massage therapy" means a system of structured |
3 | | palpation or
movement of the soft tissue of the body. The |
4 | | system may include, but is
not limited to, techniques such as |
5 | | effleurage or stroking and gliding,
petrissage or kneading, |
6 | | tapotement or percussion, friction, vibration,
compression, |
7 | | and stretching activities as they pertain to
massage therapy. |
8 | | These techniques may be applied by a licensed massage
therapist
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9 | | with or without the aid of lubricants, salt or herbal |
10 | | preparations,
hydromassage, thermal massage, or a massage |
11 | | device that mimics or enhances the
actions possible by human |
12 | | hands.
The purpose of the practice of massage, as licensed |
13 | | under this Act, is to
enhance the general
health and well-being |
14 | | of the mind and body of the recipient. "Massage"
does not |
15 | | include the
diagnosis of a specific
pathology. "Massage" does |
16 | | not include those acts of physical therapy or
therapeutic or |
17 | | corrective measures that are outside the scope of massage
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18 | | therapy practice as defined in this Section.
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19 | | "Massage therapist" means a person who is licensed by the
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20 | | Department
and administers massage for compensation.
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21 | | "Professional massage or bodywork therapy association" |
22 | | means a
state or
nationally chartered organization that is |
23 | | devoted to the massage specialty and
therapeutic approach and
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24 | | meets the following requirements:
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25 | | (1) The organization requires that its members meet |
26 | | minimum educational
requirements. The educational |
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1 | | requirements must include anatomy, physiology,
hygiene,
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2 | | sanitation, ethics, technical theory, and application of |
3 | | techniques.
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4 | | (2) The organization has an established code of ethics |
5 | | and has procedures
for the
suspension and revocation of |
6 | | membership of persons violating the code of
ethics.
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7 | | "Secretary" means the Secretary of Financial and |
8 | | Professional Regulation. |
9 | | (Source: P.A. 92-860, eff. 6-1-03; 93-524, eff. 8-12-03.)
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10 | | (225 ILCS 57/15)
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11 | | (Section scheduled to be repealed on January 1, 2012)
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12 | | Sec. 15. Licensure requirements.
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13 | | (a) Persons Beginning January 1, 2005,
persons
engaged in |
14 | | massage for
compensation
must be licensed by the Department. |
15 | | The Department shall issue a license to
an individual who meets |
16 | | all of the following requirements:
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17 | | (1) The applicant has applied in writing on the |
18 | | prescribed forms and has
paid the
required fees.
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19 | | (2) The applicant is at least 18 years of age and of |
20 | | good moral character.
In
determining good
moral character, |
21 | | the Department may take into consideration
conviction of |
22 | | any crime under the laws of the United States or any state |
23 | | or
territory
thereof that is a felony or a misdemeanor or |
24 | | any crime that is directly related
to the practice of the |
25 | | profession.
Such a conviction shall not operate |
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1 | | automatically as a complete
bar to a license,
except in the |
2 | | case of any conviction for prostitution, rape, or sexual
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3 | | misconduct,
or where the applicant is a registered sex |
4 | | offender.
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5 | | (3) The applicant has met one of the following |
6 | | requirements:
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7 | | (A) has successfully completed the curriculum or |
8 | | curriculums of one or
more massage therapy schools |
9 | | approved by the Department that require
a minimum
of |
10 | | 500 hours
and has
passed a
competency examination
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11 | | approved by the Department;
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12 | | (B) holds a current license from another |
13 | | jurisdiction having licensure
requirements that meet |
14 | | or exceed those defined within this Act; or
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15 | | (C) has moved to Illinois from a jurisdiction with |
16 | | no licensure
requirement and has
provided |
17 | | documentation that he or she has successfully passed a |
18 | | the
National Certification Board of Therapeutic |
19 | | Massage and Bodywork's examination
or another
massage |
20 | | therapist certifying examination approved by the |
21 | | Department
and maintains current certification.
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22 | | (b) Each applicant for licensure as a massage therapist |
23 | | shall have his or her fingerprints submitted to the Department |
24 | | of State Police in an electronic format that complies with the |
25 | | form and manner for requesting and furnishing criminal history |
26 | | record information as prescribed by the Department of State |
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1 | | Police. These fingerprints shall be checked against the |
2 | | Department of State Police and Federal Bureau of Investigation |
3 | | criminal history record databases now and hereafter filed. The |
4 | | Department of State Police shall charge applicants a fee for |
5 | | conducting the criminal history records check, which shall be |
6 | | deposited into the State Police Services Fund and shall not |
7 | | exceed the actual cost of the records check. The Department of |
8 | | State Police shall furnish, pursuant to positive |
9 | | identification, records of Illinois convictions to the |
10 | | Department. The Department may require applicants to pay a |
11 | | separate fingerprinting fee, either to the Department or to a |
12 | | vendor. The Department, in its discretion, may allow an |
13 | | applicant who does not have reasonable access to a designated |
14 | | vendor to provide his or her fingerprints in an alternative |
15 | | manner. The Department may adopt any rules necessary to |
16 | | implement this Section.
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17 | | (Source: P.A. 92-860, eff. 6-1-03; 93-524, eff. 8-12-03; |
18 | | 93-908, eff. 8-11-04.)
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19 | | (225 ILCS 57/17 new) |
20 | | Sec. 17. Social Security number on license application. In |
21 | | addition to any other information required to be contained in |
22 | | the application, every application for an original, renewal, |
23 | | reinstated, or restored license under this Act shall include |
24 | | the applicant's Social Security Number. |
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1 | | (225 ILCS 57/19 new) |
2 | | Sec. 19. Endorsement. The Department may, in its |
3 | | discretion, license as a massage therapist, by endorsement, on |
4 | | payment of the required fee, an applicant who is a massage |
5 | | therapist licensed under the laws of another state or |
6 | | territory, if the requirements for licensure in the state or |
7 | | territory in which the applicant was licensed were, at the date |
8 | | of his or her licensure, substantially equivalent to the |
9 | | requirements in force in this State on that date. The |
10 | | Department may adopt any rules necessary to implement this |
11 | | Section. |
12 | | Applicants have 3 years from the date of application to |
13 | | complete the application process. If the process has not been |
14 | | completed within the 3 years, the application shall be denied, |
15 | | the fee forfeited, and the applicant must reapply and meet the |
16 | | requirements in effect at the time of reapplication.
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17 | | (225 ILCS 57/25)
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18 | | (Section scheduled to be repealed on January 1, 2012)
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19 | | Sec. 25. Exemptions.
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20 | | (a) This Act does not prohibit a person licensed
under any |
21 | | other Act
in this State
from
engaging in the practice for which |
22 | | he or she is licensed.
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23 | | (b) Persons exempted under this Section include, but are |
24 | | not limited to,
physicians,
podiatrists, naprapaths, and |
25 | | physical therapists.
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1 | | (c) Nothing in this Act prohibits qualified members of |
2 | | other
professional groups,
including but not limited to nurses, |
3 | | occupational therapists,
cosmetologists, and
estheticians, |
4 | | from performing massage in a manner consistent with their
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5 | | training and the
code of ethics of their respective |
6 | | professions.
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7 | | (d) Nothing in this Act prohibits a student of an approved |
8 | | massage
school or
program from performing massage, provided |
9 | | that the student does not hold
himself or herself out
as a |
10 | | licensed massage therapist and does not receive compensation, |
11 | | including tips, charge a fee for massage therapy
services.
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12 | | (e) Nothing in this Act prohibits practitioners that do not |
13 | | involve
intentional soft tissue manipulation, including but |
14 | | not limited to Alexander
Technique, Feldenkrais, Reike, and |
15 | | Therapeutic Touch, from practicing.
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16 | | (f) Practitioners of certain service marked bodywork |
17 | | approaches that do
involve intentional soft tissue |
18 | | manipulation, including but not limited to
Rolfing, Trager |
19 | | Approach, Polarity Therapy, and Orthobionomy, are exempt from
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20 | | this Act if they are approved by their governing body based on |
21 | | a minimum level
of training, demonstration of competency, and |
22 | | adherence to ethical standards.
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23 | | (g) Practitioners of Asian bodywork approaches are exempt |
24 | | from this Act if
they are members of the American Organization |
25 | | of Bodywork Therapies of Asia as
certified practitioners or if |
26 | | they are approved by an Asian bodywork
organization based on a |
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1 | | minimum level of training, demonstration of competency,
and |
2 | | adherence to ethical standards set by their governing body.
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3 | | (h) Practitioners of other forms of bodywork who restrict |
4 | | manipulation of
soft tissue to the feet, hands, and ears, and |
5 | | who do not have the client
disrobe, such as reflexology, are |
6 | | exempt from this Act.
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7 | | (i) Nothing in this Act applies to massage therapists from |
8 | | other states or
countries when providing educational programs |
9 | | or services for a period not
exceeding 30 days within a |
10 | | calendar year.
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11 | | (j) Nothing in this Act prohibits a person from treating |
12 | | ailments by
spiritual means through prayer alone in accordance |
13 | | with the tenets and
practices of a recognized church or |
14 | | religious denomination.
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15 | | (k) Nothing in this Act applies to the practice of massage |
16 | | therapy by a person either actively licensed as a massage |
17 | | therapist in another state or currently certified by the |
18 | | National Certification Board of Therapeutic Massage and |
19 | | Bodywork or other national certifying body if said person's |
20 | | state does not license massage therapists, if he or she is |
21 | | performing his or her duties for a non-Illinois based team or |
22 | | organization, or for a national athletic event held in this |
23 | | State, so long as he or she restricts his or her practice to |
24 | | his or her team or organization or to event participants during |
25 | | the course of his or her team's or organization's stay in this |
26 | | State or for the duration of the event. Nothing in this Act |
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1 | | applies to persons or entities practicing the specified |
2 | | occupations set forth in subsection (a) of, and pursuant to a |
3 | | licensing exemption granted in subsection (b) or (d) of, |
4 | | Section 2105-350 of the Department of Professional Regulation |
5 | | Law of the Civil Administrative Code of Illinois, but only for |
6 | | so long as the 2016 Olympic and Paralympic Games Professional |
7 | | Licensure Exemption Law is operable. |
8 | | (Source: P.A. 96-7, eff. 4-3-09.)
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9 | | (225 ILCS 57/30)
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10 | | (Section scheduled to be repealed on January 1, 2012)
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11 | | Sec. 30. Title protection.
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12 | | (a) Persons regulated by this Act are designated as massage |
13 | | therapists
and
therefore
are exclusively entitled to utilize |
14 | | the terms "massage", "massage therapy", and
"massage |
15 | | therapist" when advertising or printing
promotional material.
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16 | | (b) Anyone who knowingly aids and abets one or more persons |
17 | | not authorized
to
use a
professional title regulated by this |
18 | | Act or knowingly employs persons not
authorized to use the
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19 | | regulated professional title in the course of their employment, |
20 | | commits a
violation of this Act.
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21 | | (c) Anyone not authorized, under the definitions of this |
22 | | Act, to utilize the
term
"massage", "massage therapy", or |
23 | | "massage therapist" and who knowingly utilizes
these terms when |
24 | | advertising
commits a violation
of this Act.
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25 | | (d) Nothing in this Act shall prohibit the use of the terms |
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1 | | "massage", "massage therapy", or "massage therapist" by a salon |
2 | | registered under the Barber, Cosmetology, Esthetics, Hair |
3 | | Braiding, and Nail Technology Act of 1985, provided that the |
4 | | salon offers massage therapy services in accordance with this |
5 | | Act. |
6 | | (Source: P.A. 92-860, eff. 6-1-03.)
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7 | | (225 ILCS 57/32 new) |
8 | | Sec. 32. Display. Every holder of a license shall display |
9 | | it, or a copy, in a conspicuous place in the holder's principal |
10 | | office or any other location where the holder renders massage |
11 | | therapy services.
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12 | | (225 ILCS 57/35)
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13 | | (Section scheduled to be repealed on January 1, 2012)
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14 | | Sec. 35. Massage Licensing Board.
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15 | | (a) The Secretary Director shall appoint a Massage |
16 | | Licensing Board, which shall serve
in
an
advisory capacity to |
17 | | the Secretary Director . The Board shall consist of 7 members, |
18 | | of
whom 6 shall be
massage therapists with at least 3 years of |
19 | | experience in massage.
One of the
massage therapist members |
20 | | shall represent a massage therapy school from the
private |
21 | | sector and one of the massage therapist members shall represent |
22 | | a
massage therapy school from the public sector. One member
of |
23 | | the Board
shall be a member of the public who is not licensed |
24 | | under this Act or a similar
Act in Illinois or
another |
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1 | | jurisdiction.
Membership on the Board shall reasonably reflect |
2 | | the
various massage therapy and non-exempt
bodywork |
3 | | organizations. Membership on the Board shall reasonably |
4 | | reflect the
geographic areas
of the State. The Board shall meet |
5 | | annually to elect a chairperson and vice chairperson. The Board |
6 | | shall hold regularly scheduled meetings during the year. A |
7 | | simple majority of the Board shall constitute a quorum at any |
8 | | meeting. Any action taken by the Board must be on the |
9 | | affirmative vote of a simple majority of members. Voting by |
10 | | proxy shall not be permitted. In the case of an emergency where |
11 | | all Board members cannot meet in person, the Board may convene |
12 | | a meeting via an electronic format in accordance with the Open |
13 | | Meetings Act.
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14 | | (b) Members shall be appointed to a 3-year term, except |
15 | | that initial
appointees
shall serve the
following terms: 2 |
16 | | members shall serve
for one year, 2 members shall serve for
2 |
17 | | years, and 3
members shall serve for 3 years. A member whose |
18 | | term has expired shall
continue to
serve until his
or her |
19 | | successor is appointed. No member shall be reappointed to the |
20 | | Board for
a term that
would cause his or her continuous service |
21 | | on the Board to exceed 9 years.
Appointments to fill
vacancies |
22 | | shall be made in the same manner as the original appointments |
23 | | for the
unexpired
portion of the vacated term.
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24 | | (c) The members of the Board are entitled to receive |
25 | | compensation
for all
legitimate and necessary expenses |
26 | | incurred while attending Board and Department
meetings.
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1 | | (d) Members of the Board shall be immune from suit in any |
2 | | action based upon
any
disciplinary proceedings or other |
3 | | activities performed in good faith as members
of the Board.
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4 | | (e) The Secretary Director shall consider the |
5 | | recommendations of the Board on
questions
involving the
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6 | | standards of professional conduct, discipline, and |
7 | | qualifications of candidates
and licensees
under this Act. |
8 | | Nothing shall limit the ability of the Board to provide
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9 | | recommendations to the
Secretary Director in regard to any |
10 | | matter affecting the administration of this Act. The Secretary
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11 | | Director shall give
due consideration to all recommendations of |
12 | | the Board. If the Director takes
action contrary to a
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13 | | recommendation of the Board, the Director shall provide
a |
14 | | written
explanation of that
action.
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15 | | (f) The Secretary Director may terminate the appointment of |
16 | | any member for cause
which, in the opinion of the Secretary |
17 | | Director reasonably justifies termination, which
may
include, |
18 | | but is not limited to, a Board member who does not attend 2
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19 | | consecutive meetings.
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20 | | (Source: P.A. 92-860, eff. 6-1-03; 93-524, eff. 8-12-03.)
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21 | | (225 ILCS 57/40)
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22 | | (Section scheduled to be repealed on January 1, 2012)
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23 | | Sec. 40. Duties of the Department. The Department shall |
24 | | exercise the powers and duties prescribed by the Civil |
25 | | Administrative Code of Illinois for administration of |
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1 | | licensing acts and shall exercise other powers and duties |
2 | | necessary for effectuating the purpose of this Act. The |
3 | | Department shall adopt rules to implement, interpret, or make |
4 | | specific the provisions and purposes of this Act; however, no |
5 | | such rules shall be adopted by the Department except upon |
6 | | review by the Board. |
7 | | Subject to provisions of this Act,
the Department shall:
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8 | | (1) Formulate rules required for the administration of |
9 | | this Act. Notice
of
proposed rule making shall be |
10 | | transmitted to the Board and the Department shall
review |
11 | | the
Board's response and any recommendations made in the |
12 | | response.
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13 | | (2) Determine the qualifications of an applicant for |
14 | | licensure by
endorsement.
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15 | | (3) Conduct hearings or proceedings to refuse to issue |
16 | | or renew or to
revoke a
license or to suspend, place on |
17 | | probation, reprimand, or otherwise discipline a
person |
18 | | licensed under
this Act.
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19 | | (4) Solicit the advice and expert knowledge of the |
20 | | Board on any matter
relating
to the administration and |
21 | | enforcement of this Act.
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22 | | (5) Maintain a roster of the names and addresses of all |
23 | | licensees and all
persons
whose licenses have been |
24 | | suspended, revoked, or denied renewal for cause within
the |
25 | | previous
calendar year. The roster shall be available upon |
26 | | written request and payment
of the required
fee.
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1 | | (Source: P.A. 92-860, eff. 6-1-03.)
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2 | | (225 ILCS 57/45)
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3 | | (Section scheduled to be repealed on January 1, 2012)
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4 | | Sec. 45. Grounds for discipline.
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5 | | (a) The Department may refuse to issue or renew, or may |
6 | | revoke, suspend,
place
on
probation, reprimand, or take other |
7 | | disciplinary or non-disciplinary action, as the Department
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8 | | considers appropriate,
including the imposition of fines not to |
9 | | exceed $10,000 $1,000 for each violation, with
regard to any |
10 | | license or licensee
for any one or more of the following:
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11 | | (1) violations of this Act or of the rules adopted |
12 | | under this Act; being convicted of any crime under the laws |
13 | | of the United States or
any
state or
territory thereof that |
14 | | is a felony or a misdemeanor, an essential
element of which |
15 | | is
dishonesty, or any that is directly related to the |
16 | | practice of massage.
Conviction, as used
in this paragraph, |
17 | | shall include a finding or verdict of guilty, an admission
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18 | | of guilt, or a plea of
nolo contendere;
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19 | | (2) conviction by plea of guilty or nolo contendere, |
20 | | finding of guilt, jury verdict, or entry of judgment or by |
21 | | sentencing of any crime, including, but not limited to, |
22 | | convictions, preceding sentences of supervision, |
23 | | conditional discharge, or first offender probation, under |
24 | | the laws of any jurisdiction of the United States: (i) that |
25 | | is a felony; or (ii) that is a misdemeanor, an essential |
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1 | | element of which is dishonesty, or that is directly related |
2 | | to the practice of the profession advertising in a false, |
3 | | deceptive, or misleading manner ;
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4 | | (3) professional incompetence; aiding, assisting, |
5 | | procuring, or advising any unlicensed person to
practice
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6 | | massage contrary to any rules or provisions of this Act;
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7 | | (4) advertising in a false, deceptive, or misleading |
8 | | manner; |
9 | | (5) aiding, abetting, assisting, procuring, advising, |
10 | | employing, or contracting with any unlicensed person to |
11 | | practice massage contrary to any rules or provisions of |
12 | | this Act;
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13 | | (6) (4) engaging in immoral conduct in the commission |
14 | | of any act, such as
sexual abuse, sexual misconduct, or |
15 | | sexual exploitation, related to the
licensee's practice;
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16 | | (7) (5) engaging in dishonorable, unethical, or |
17 | | unprofessional conduct of a
character
likely to deceive, |
18 | | defraud, or harm the public;
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19 | | (8) (6) practicing or offering to practice beyond the |
20 | | scope permitted by law
or
accepting and performing |
21 | | professional responsibilities which the licensee knows
or |
22 | | has reason to
know that he or she is not competent to |
23 | | perform;
|
24 | | (9) (7) knowingly delegating professional |
25 | | responsibilities to a person
unqualified by
training, |
26 | | experience, or licensure to perform;
|
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1 | | (10) (8) failing to provide information in response to |
2 | | a written request made
by the
Department within 60 days;
|
3 | | (11) (9) having a habitual or excessive use of or |
4 | | addiction to alcohol,
narcotics,
stimulants, or
any other |
5 | | chemical agent or drug which results in the inability to |
6 | | practice
with reasonable
judgment, skill, or safety;
|
7 | | (12) (10) having a pattern of practice or other |
8 | | behavior that demonstrates
incapacity
or
incompetence to |
9 | | practice under this Act;
|
10 | | (13) discipline by another state, District of |
11 | | Columbia, territory, or foreign nation, if at least one of |
12 | | the grounds for the discipline is the same or substantially |
13 | | equivalent to those set forth in this Section; |
14 | | (14) a finding by the Department that the licensee, |
15 | | after having his or her license placed on probationary |
16 | | status, has violated the terms of probation; |
17 | | (15) willfully making or filing false records or |
18 | | reports in his or her practice, including, but not limited |
19 | | to, false records filed with State agencies or departments;
|
20 | | (16) (11) making a material misstatement in furnishing |
21 | | information to the
Department or
otherwise making |
22 | | misleading, deceptive, untrue, or fraudulent |
23 | | representations
in violation of this
Act or otherwise in |
24 | | the practice of the profession;
|
25 | | (17) fraud or misrepresentation in applying for or |
26 | | procuring a license under this Act or in connection with |
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1 | | applying for renewal of a license under this Act; (12) |
2 | | making any misrepresentation for the purpose of obtaining a
|
3 | | license; or
|
4 | | (18) inability to practice the profession with |
5 | | reasonable judgment, skill, or safety as a result of |
6 | | physical illness, including, but not limited to, |
7 | | deterioration through the aging process, loss of motor |
8 | | skill, or a mental illness or disability; (13) having a |
9 | | physical illness, including but not limited to
|
10 | | deterioration through
the
aging process or loss of motor |
11 | | skills, that results in the inability to
practice
the |
12 | | profession with
reasonable judgment, skill, or safety.
|
13 | | (19) charging for professional services not rendered, |
14 | | including filing false statements for the collection of |
15 | | fees for which services are not rendered; |
16 | | (20) practicing under a false or, except as provided by |
17 | | law, an assumed name; or |
18 | | (21) cheating on or attempting to subvert the licensing |
19 | | examination administered under this Act. |
20 | | All fines shall be paid within 60 days of the effective |
21 | | date of the order imposing the fine. |
22 | | (b) A person not licensed under this Act and engaged in the |
23 | | business of offering massage therapy services through others, |
24 | | shall not aid, abet, assist, procure, advise, employ, or |
25 | | contract with any unlicensed person to practice massage therapy |
26 | | contrary to any rules or provisions of this Act. A person |
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1 | | violating this subsection (b) shall be treated as a licensee |
2 | | for the purposes of disciplinary action under this Section and |
3 | | shall be subject to cease and desist orders as provided in |
4 | | Section 90 of this Act. |
5 | | (c) The Department shall revoke any license issued under |
6 | | this Act of any person who is convicted of prostitution, rape, |
7 | | sexual misconduct, or any crime that subjects the licensee to |
8 | | compliance with the requirements of the Sex Offender |
9 | | Registration Act and any such conviction shall operate as a |
10 | | permanent bar in the State of Illinois to practice as a massage |
11 | | therapist. |
12 | | (d) (b) The Department may refuse to issue or may suspend |
13 | | the license of any
person who
fails to file a tax return, to |
14 | | pay the tax, penalty, or interest shown in a
filed
tax return, |
15 | | or to pay any final
assessment of tax, penalty, or interest, as |
16 | | required by any tax Act
administered by the Illinois
Department |
17 | | of Revenue, until such time as the requirements of the tax Act |
18 | | are
satisfied in accordance with subsection (g) of Section |
19 | | 2105-15 of the Civil Administrative Code of Illinois .
|
20 | | (e) The Department shall deny a license or renewal |
21 | | authorized by this Act to a person who has defaulted on an |
22 | | educational loan or scholarship provided or guaranteed by the |
23 | | Illinois Student Assistance Commission or any governmental |
24 | | agency of this State in accordance with item (5) of subsection |
25 | | (g) of Section 2105-15 of the Civil Administrative Code of |
26 | | Illinois. |
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1 | | (f) In cases where the Department of Healthcare and Family |
2 | | Services has previously determined that a licensee or a |
3 | | potential licensee is more than 30 days delinquent in the |
4 | | payment of child support and has subsequently certified the |
5 | | delinquency to the Department, the Department may refuse to |
6 | | issue or renew or may revoke or suspend that person's license |
7 | | or may take other disciplinary action against that person based |
8 | | solely upon the certification of delinquency made by the |
9 | | Department of Healthcare and Family Services in accordance with |
10 | | item (5) of subsection (g) of Section 1205-15 of the Civil |
11 | | Administrative Code of Illinois. |
12 | | (g) (c) The determination by a circuit court that a |
13 | | licensee is
subject
to involuntary admission or judicial |
14 | | admission, as provided in the Mental
Health and
Developmental |
15 | | Disabilities Code, operates as an automatic suspension. The
|
16 | | suspension
will end only upon (i) a finding by a court that the |
17 | | patient is no longer
subject to
involuntary admission or |
18 | | judicial admission and the issuance of a court
order so finding
|
19 | | and discharging the patient and (ii) the recommendation of the |
20 | | Board to
the
Director that the licensee be allowed to resume |
21 | | his or her
practice .
|
22 | | (h) (d) In enforcing this Act Section , the Department or |
23 | | Board , upon a showing of a
possible violation , may compel an |
24 | | individual licensed to practice under this
Act, or who
has |
25 | | applied for licensure under this Act, to submit to a mental or |
26 | | physical
examination, or
both, as required by and at the |
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1 | | expense of the Department. The Department or
Board may
order |
2 | | the examining physician to present testimony concerning the |
3 | | mental or
physical
examination of the licensee or applicant. No |
4 | | information shall be excluded by
reason of
any common law or |
5 | | statutory privilege relating to communications between the
|
6 | | licensee
or applicant and the examining physician. The |
7 | | examining physicians shall be
specifically
designated by the |
8 | | Board or Department. The individual to be examined may have,
at |
9 | | his
or her own expense, another physician of his or her choice |
10 | | present during all aspects of
this examination. The examination |
11 | | shall be performed by a physician licensed
to practice
medicine |
12 | | in all its branches. Failure of an individual to submit to a |
13 | | mental
or physical
examination, when directed, shall result in |
14 | | an automatic suspension without hearing be grounds for |
15 | | suspension of his or her
license until the
individual submits |
16 | | to the examination if the Department finds, after notice and
|
17 | | hearing,
that the refusal to submit to the examination was |
18 | | without reasonable cause .
|
19 | | A person holding a license under this Act or who has |
20 | | applied for a license under this Act who, because of a physical |
21 | | or mental illness or disability, including, but not limited to, |
22 | | deterioration through the aging process or loss of motor skill, |
23 | | is unable to practice the profession with reasonable judgment, |
24 | | skill, or safety, may be required by the Department to submit |
25 | | to care, counseling, or treatment by physicians approved or |
26 | | designated by the Department as a condition, term, or |
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1 | | restriction for continued, reinstated, or renewed licensure to |
2 | | practice. Submission to care, counseling, or treatment as |
3 | | required by the Department shall not be considered discipline |
4 | | of a license. If the licensee refuses to enter into a care, |
5 | | counseling, or treatment agreement or fails to abide by the |
6 | | terms of the agreement, the Department may file a complaint to |
7 | | revoke, suspend, or otherwise discipline the license of the |
8 | | individual. The Secretary may order the license suspended |
9 | | immediately, pending a hearing by the Department. Fines shall |
10 | | not be assessed in disciplinary actions involving physical or |
11 | | mental illness or impairment. |
12 | | If the Department or Board finds an individual unable to |
13 | | practice because of
the
reasons set forth in this Section, the |
14 | | Department or Board may require that
individual to
submit to |
15 | | care, counseling, or treatment by physicians approved or |
16 | | designated
by the
Department or Board, as a condition, term, or |
17 | | restriction for continued,
reinstated, or
renewed licensure to |
18 | | practice; or, in lieu of care, counseling, or treatment,
the |
19 | | Department
may file, or the Board may recommend to the |
20 | | Department to file, a complaint to
immediately suspend, revoke, |
21 | | or otherwise discipline the license of the
individual. An
|
22 | | individual whose license was granted, continued, reinstated, |
23 | | renewed,
disciplined or
supervised subject to such terms, |
24 | | conditions, or restrictions, and who fails to
comply with
such |
25 | | terms, conditions, or restrictions, shall be referred to the |
26 | | Director for
a determination
as to whether the individual shall |
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1 | | have his or her license suspended
immediately, pending
a |
2 | | hearing by the Department.
|
3 | | In instances in which the Secretary Director immediately |
4 | | suspends a person's license
under
this Section, a hearing on |
5 | | that person's license must be convened by the
Department
within |
6 | | 15 days after the suspension and completed without appreciable |
7 | | delay.
The
Department and Board shall have the authority to |
8 | | review the subject
individual's record
of treatment and |
9 | | counseling regarding the impairment to the extent permitted by
|
10 | | applicable federal statutes and regulations safeguarding the |
11 | | confidentiality of
medical
records.
|
12 | | An individual licensed under this Act and affected under |
13 | | this Section shall
be
afforded an opportunity to demonstrate to |
14 | | the Department or Board that he or
she can
resume practice in |
15 | | compliance with acceptable and prevailing standards under
the
|
16 | | provisions of his or her license.
|
17 | | (Source: P.A. 92-860, eff. 6-1-03.)
|
18 | | (225 ILCS 57/55)
|
19 | | (Section scheduled to be repealed on January 1, 2012)
|
20 | | Sec. 55. Exclusive jurisdiction. The Beginning January 1, |
21 | | 2005, the
regulation
and licensing of massage
therapy is
an |
22 | | exclusive power and function of the State. A Beginning January |
23 | | 1, 2005, a home rule unit may not
regulate or license
massage |
24 | | therapists. This Section is a denial and limitation of home |
25 | | rule
powers and functions
under subsection (h) of Section 6 of |
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1 | | Article VII of the Illinois Constitution.
|
2 | | (Source: P.A. 92-860, eff. 6-1-03; 93-524, eff. 8-12-03.)
|
3 | | (225 ILCS 57/60)
|
4 | | (Section scheduled to be repealed on January 1, 2012)
|
5 | | Sec. 60. Administrative Procedure Act. The Illinois |
6 | | Administrative
Procedure Act is hereby expressly adopted and |
7 | | incorporated herein as if all of
the provisions of that Act |
8 | | were included in this Act, except that the provision
of |
9 | | subsection (d) of Section 10-65 of the Illinois Administrative |
10 | | Procedure Act
that provides that at hearings the licensee has |
11 | | the right to show compliance
with all lawful requirements for |
12 | | retention, continuation, or renewal of the
license is |
13 | | specifically excluded. For the purposes of this Act the notice
|
14 | | required under Section 10-25 of the Administrative Procedure |
15 | | Act is deemed
sufficient when mailed to the address of record |
16 | | last known address of a party.
|
17 | | (Source: P.A. 92-860, eff. 6-1-03.)
|
18 | | (225 ILCS 57/70)
|
19 | | (Section scheduled to be repealed on January 1, 2012)
|
20 | | Sec. 70. Restoration of expired licenses. A massage
|
21 | | therapist who has permitted his or her license to expire
or who |
22 | | has
had his or her license on inactive status may have his or |
23 | | her license
restored by making
application to the Department |
24 | | and filing proof acceptable to the Department
of his or her |
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1 | | fitness to have his or her license restored, including
sworn |
2 | | evidence
certifying to active practice in another jurisdiction |
3 | | satisfactory to the
Department, and by paying the required |
4 | | restoration fee and showing proof of
completion of required |
5 | | continuing education. Licensees must provide
proof of |
6 | | completion of 24 hours approved continuing education to renew |
7 | | their
license.
|
8 | | If the massage therapist
has not
maintained an active |
9 | | practice in another jurisdiction satisfactory to the
|
10 | | Department, the Board shall determine, by an evaluation program
|
11 | | established by rule his or her fitness to resume active status |
12 | | and may
require the massage therapist
to complete
a period of |
13 | | evaluated clinical experience and may require successful
|
14 | | completion of an examination.
|
15 | | A massage therapist whose license
has been expired or |
16 | | placed on inactive status for more than 5 years may have
his or |
17 | | her license restored by making
application
to the Department |
18 | | and filing proof acceptable to the Department of his or
her
|
19 | | fitness to have his or her license restored, including sworn |
20 | | evidence
certifying
to active practice in another |
21 | | jurisdiction, by paying the required
restoration fee, and by |
22 | | showing proof of the completion of 24 hours of
continuing |
23 | | education.
|
24 | | However, any registrant whose license has expired while he |
25 | | or she has been engaged (i) in Federal Service on active duty |
26 | | with the United States Army, Navy, Marine Corps, Air Force, |
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1 | | Coast Guard, or Public Health Service or the State Militia |
2 | | called into the service or training of the United States of |
3 | | America, or (ii) in training or education under the supervision |
4 | | of the United States preliminary to induction into the military |
5 | | service, may have his or her license reinstated or restored |
6 | | without paying any lapsed renewal fees, if within 2 years after |
7 | | honorable termination of such service, training, or education, |
8 | | he or she furnishes to the Department with satisfactory |
9 | | evidence to the effect that he or she has been so engaged and |
10 | | that his or her service, training, or education has been so |
11 | | terminated. |
12 | | However, a massage therapist
whose
license has expired |
13 | | while he or she has been engaged (i) in
active duty with the |
14 | | Army of the United States, the United States Navy, the
Marine |
15 | | Corps, the Air Force, the Coast Guard, or the State Militia |
16 | | called
into the service or training of the United States of |
17 | | America, or (ii) in
training or education under the supervision |
18 | | of the United States
preliminary to induction into the military |
19 | | service, may have his or her license
restored without paying |
20 | | any lapsed renewal fees or restoration fee if,
within 2 years |
21 | | after termination of the service, training, or education,
other |
22 | | than by dishonorable discharge, he or she furnishes the |
23 | | Department with
an
affidavit to the effect that he or she has |
24 | | been so engaged and
that his or her service, training, or |
25 | | education has been terminated.
|
26 | | (Source: P.A. 92-860, eff. 6-1-03.)
|
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1 | | (225 ILCS 57/85)
|
2 | | (Section scheduled to be repealed on January 1, 2012)
|
3 | | Sec. 85. Deposit of fees and fines; appropriations. All |
4 | | fees and fines collected under this Act
shall be deposited into |
5 | | the General Professions Dedicated Fund. All moneys in
the Fund |
6 | | shall be used by the Department of Financial and Professional |
7 | | Regulation, as
appropriated, for the ordinary and contingent |
8 | | expenses of the Department.
|
9 | | (Source: P.A. 92-860, eff. 6-1-03.)
|
10 | | (225 ILCS 57/90)
|
11 | | (Section scheduled to be repealed on January 1, 2012)
|
12 | | Sec. 90. Violations; injunction; cease and desist order.
|
13 | | (a) If
any person violates a provision of this Act, the |
14 | | Secretary Director may, in the name
of the People of the State |
15 | | of Illinois, through the Attorney General of
the State of |
16 | | Illinois or the State's Attorney in the county in which the
|
17 | | offense occurs, petition for an order enjoining the violation |
18 | | or
for an order enforcing compliance with this Act. Upon the |
19 | | filing of a verified
petition in court, the court may issue a |
20 | | temporary restraining order,
without notice or bond, and may |
21 | | preliminarily and permanently enjoin the
violation. If it is |
22 | | established that the person has violated or is
violating the |
23 | | injunction, the court may punish the offender for contempt
of |
24 | | court. Proceedings under this Section shall be in addition to, |
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1 | | and not
in lieu of, all other remedies and penalties provided |
2 | | by this Act.
|
3 | | (b) If , after January 1, 2005, any person practices as a
|
4 | | massage
therapist
or holds himself or herself out as a massage |
5 | | therapist
without being licensed under the provisions of this |
6 | | Act,
then the Secretary Director , any licensed massage |
7 | | therapist, any
interested party, or any person injured thereby |
8 | | may
petition for relief as provided in subsection (a) of this
|
9 | | Section or may apply to the circuit court of the county in |
10 | | which the
violation or some part thereof occurred, or in which |
11 | | the person complained
of has his or her principal place of |
12 | | business or resides, to prevent the
violation. The court has |
13 | | jurisdiction to enforce obedience by injunction or
by other |
14 | | process restricting the person complained of from further
|
15 | | violation and enjoining upon him or her obedience.
|
16 | | (c) Whenever, in the opinion of the Department, a person |
17 | | violates any
provision of this Act, the Department may issue a |
18 | | rule to show cause why
an order to cease and desist should not |
19 | | be entered against him or her . The rule
shall clearly set forth |
20 | | the grounds relied upon by the Department and shall
provide a |
21 | | period of 7 days from the date of the rule to file an answer to
|
22 | | the satisfaction of the Department. Failure to answer to the |
23 | | satisfaction
of the Department shall cause an order to cease |
24 | | and desist to be issued
immediately .
|
25 | | (Source: P.A. 92-860, eff. 6-1-03; 93-524, eff. 8-12-03.)
|
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1 | | (225 ILCS 57/95)
|
2 | | (Section scheduled to be repealed on January 1, 2012)
|
3 | | Sec. 95. Investigations; notice and hearing. The |
4 | | Department may investigate the actions of any applicant or of |
5 | | any person or persons rendering or offering to render massage |
6 | | therapy services or any person holding or claiming to hold a |
7 | | license as a massage therapist. The Department shall, before |
8 | | refusing to issue or renew a license or to discipline a |
9 | | licensee under Section 45, at least 30 days prior to the date |
10 | | set for the hearing, (i) notify the accused in writing of the |
11 | | charges made and the time and place for the hearing on the |
12 | | charges, (ii) direct him or her to file a written answer with |
13 | | the Department under oath within 20 days after the service of |
14 | | the notice, and (iii) inform the applicant or licensee that |
15 | | failure to file an answer will result in a default judgment |
16 | | being entered against the applicant or licensee. At the time |
17 | | and place fixed in the notice, the Department shall proceed to |
18 | | hear the charges and the parties of their counsel shall be |
19 | | accorded ample opportunity to present any pertinent |
20 | | statements, testimony, evidence, and arguments. The Department |
21 | | may continue the hearing from time to time. In case the person, |
22 | | after receiving the notice, fails to file an answer, his or her |
23 | | license, may, in the discretion of the Department, be revoked, |
24 | | suspended, placed on probationary status, or the Department may |
25 | | take whatever disciplinary actions considered proper, |
26 | | including limiting the scope, nature, or extent of the person's |
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1 | | practice or the imposition of a fine, without a hearing, if the |
2 | | act or acts charged constitute sufficient grounds for that |
3 | | action under the Act. The written notice may be served by |
4 | | personal delivery or by certified mail to the accused's address |
5 | | of record. The Department may
investigate the actions of any |
6 | | applicant or of any person holding
or claiming to hold a |
7 | | license. The Department shall, before refusing to
issue or |
8 | | renew a license or to discipline a licensee pursuant to Section |
9 | | 45,
notify the applicant or holder of
a license in writing, at |
10 | | least 30 days prior to the date set for the hearing,
of the |
11 | | nature of the charges and that a hearing will be held
on the |
12 | | date designated. The notice shall
direct the applicant or |
13 | | licensee to file a written answer to the Board under
oath |
14 | | within 20 days after the service of the notice, and
shall |
15 | | inform the applicant or licensee that failure to file an answer |
16 | | will
result
in a default judgment being entered against the |
17 | | applicant or licensee. A
default judgment may result
in the |
18 | | license being
suspended, revoked, or placed on probationary |
19 | | status, or other disciplinary
action may be taken, including |
20 | | limiting the scope, nature, or extent of
practice, as the |
21 | | Director may deem proper. Written notice may be served by
|
22 | | personal delivery
or certified or registered mail to the |
23 | | respondent at the address of his or her
last notification to |
24 | | the Department.
In case the person fails to file an answer |
25 | | after receiving notice, his or
her license or certificate may, |
26 | | in the discretion of the Department, be
suspended, revoked, or |
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1 | | placed on probationary status and the Department may
take |
2 | | whatever disciplinary action it deems proper, including |
3 | | limiting the
scope, nature, or extent of the person's practice |
4 | | or the imposition of a
fine, without a hearing, if the act or |
5 | | acts charged constitute sufficient
grounds for that action |
6 | | under this Act.
At the time and place fixed in the
notice, the |
7 | | Board shall proceed to hear the charges and the parties
or |
8 | | their counsel shall be accorded ample opportunity to present
|
9 | | statements,
testimony, evidence and argument that may be |
10 | | pertinent to the charges or to
the licensee's defense. The |
11 | | Board may continue a hearing from time to time.
|
12 | | (Source: P.A. 92-860, eff. 6-1-03.)
|
13 | | (225 ILCS 57/100)
|
14 | | (Section scheduled to be repealed on January 1, 2012)
|
15 | | Sec. 100. Stenographer; transcript. The Department, at its |
16 | | expense,
shall preserve a record of all proceedings at the |
17 | | formal hearing of any
case involving the refusal to issue or |
18 | | renew a license or
the
discipline of a licensee .
Any notice, |
19 | | all documents in the nature of pleadings, written motions filed |
20 | | in the proceedings, the transcripts of testimony, reports of |
21 | | the Board and hearing officer, and orders of the Department |
22 | | shall be in the record of the proceeding. The notice of |
23 | | hearing, complaint and all other documents in the nature of
|
24 | | pleadings and written motions filed in the proceedings, the |
25 | | transcript of
testimony, the report of the Board, and the order |
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1 | | of the Department shall
be the record of the proceeding.
|
2 | | (Source: P.A. 92-860, eff. 6-1-03.)
|
3 | | (225 ILCS 57/105)
|
4 | | (Section scheduled to be repealed on January 1, 2012)
|
5 | | Sec. 105. Subpoenas; depositions; oaths. Compelling |
6 | | testimony. |
7 | | (a) The Department may subpoena and bring before it any |
8 | | person to take the oral or written testimony or compel the |
9 | | production of any books, papers, records, or any other |
10 | | documents that the Secretary or his or her designee deems |
11 | | relevant or material to any such investigation or hearing |
12 | | conducted by the Department with the same fees and in the same |
13 | | manner as prescribed in civil cases in the courts of this |
14 | | State. |
15 | | (b) Any circuit court, upon the application of the licensee |
16 | | or the Department, may order the attendance and testimony of |
17 | | witnesses and the production of relevant documents, files, |
18 | | records, books, and papers in connection with any hearing or |
19 | | investigation. The circuit court may compel obedience to its |
20 | | order by proceedings for contempt. |
21 | | (c) The Secretary, the hearing officer, any member of the |
22 | | Board, or a certified shorthand court reporter may administer |
23 | | oaths at any hearing the Department conducts. Notwithstanding |
24 | | any other statute or Department rule to the contrary, all |
25 | | requests for testimony, production of documents, or records |
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1 | | shall be in accordance with this Act. Any circuit court, upon |
2 | | application
of the Department or its designee or of the |
3 | | applicant or licensee against whom
proceedings pursuant to |
4 | | Section 95 of this Act are pending, may enter an order
|
5 | | requiring the attendance of witnesses and their testimony and |
6 | | the production
of documents, papers, files, books, and records |
7 | | in connection with any hearing
or investigation. The court may |
8 | | compel obedience to its order by proceedings
for contempt.
|
9 | | (Source: P.A. 92-860, eff. 6-1-03.)
|
10 | | (225 ILCS 57/110)
|
11 | | (Section scheduled to be repealed on January 1, 2012)
|
12 | | Sec. 110. Findings and recommendations. At the conclusion |
13 | | of the
hearing,
the Board shall present to the Secretary |
14 | | Director a written report of its findings
and recommendations. |
15 | | The report shall contain a finding of whether or not
the |
16 | | accused person violated this Act or failed to comply with the |
17 | | conditions
required in this Act. The Board shall specify the |
18 | | nature of the violation
or failure to comply and shall make its |
19 | | recommendations to the Secretary Director .
|
20 | | The report of findings and recommendations of the Board |
21 | | shall be the
basis for the Department's order or refusal or for |
22 | | the granting of a license
unless the Secretary Director shall |
23 | | determine that the Board's report
is contrary to the manifest |
24 | | weight of the evidence, in which case the Secretary Director
|
25 | | may issue an order in contravention of the Board's report. The |
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1 | | finding
is not admissible in evidence against the person in a |
2 | | criminal prosecution
brought for the violation of this Act, but |
3 | | the hearing and finding are not
a bar to a criminal prosecution |
4 | | brought for the violation of this Act.
|
5 | | (Source: P.A. 92-860, eff. 6-1-03.)
|
6 | | (225 ILCS 57/115)
|
7 | | (Section scheduled to be repealed on January 1, 2012)
|
8 | | Sec. 115. Board; rehearing Rehearing . In any case involving |
9 | | the refusal to issue or renew
a license
or discipline of a |
10 | | licensee, a copy of the Board's report shall be served
upon the |
11 | | respondent by the Department, either personally or as provided
|
12 | | in this Act for the service of the notice of hearing. Within 20 |
13 | | days after
service, the respondent may present to the |
14 | | Department a motion,
in writing and specifying particular |
15 | | grounds,
for a rehearing.
If no motion for rehearing is filed, |
16 | | then upon the expiration of the time
specified for filing the |
17 | | motion, or if a motion for rehearing is denied,
then upon the |
18 | | denial, the Secretary Director may enter an order in accordance |
19 | | with
recommendations of the Board, except as provided in |
20 | | Section 110
of this Act. If the respondent shall order from the |
21 | | reporting service and
pay for a transcript of the record within |
22 | | the time for filing a motion for
rehearing, the 20 day period |
23 | | within which the motion may be filed shall
commence upon the |
24 | | delivery of the transcript to the respondent.
|
25 | | (Source: P.A. 92-860, eff. 6-1-03.)
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1 | | (225 ILCS 57/120)
|
2 | | (Section scheduled to be repealed on January 1, 2012)
|
3 | | Sec. 120. Secretary Director ; rehearing. Whenever the |
4 | | Secretary believes that substantial justice has not been done |
5 | | in the revocation, suspension, or refusal to issue, restore, or |
6 | | renew a license, or other discipline of an applicant or |
7 | | licensee, the Secretary may order a rehearing by the same or |
8 | | other hearing officers Whenever the Director is satisfied
that |
9 | | substantial justice has not been done in the revocation, |
10 | | suspension,
or refusal to issue or renew a license, the |
11 | | Director may order a rehearing
by the same or other examiners .
|
12 | | (Source: P.A. 92-860, eff. 6-1-03.)
|
13 | | (225 ILCS 57/125)
|
14 | | (Section scheduled to be repealed on January 1, 2012)
|
15 | | Sec. 125. Appointment of a hearing officer. The Secretary |
16 | | Director shall have
the authority to appoint any attorney duly |
17 | | licensed to practice law in this
State to serve as the hearing |
18 | | officer in any action for refusal
to issue or renew a license |
19 | | or permit or for the discipline of a licensee.
The hearing |
20 | | officer
shall have full authority to conduct the hearing. At |
21 | | least one member of the
Board shall attend each hearing. The |
22 | | hearing officer shall
report his or her findings and |
23 | | recommendations to the Board and the Secretary Director .
The |
24 | | Board shall have 60 days after receipt of the report to review |
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1 | | the
report of the hearing officer and present its findings of |
2 | | fact, conclusions
of law, and recommendations to the Secretary |
3 | | Director . If the Board fails to present
its report within the |
4 | | 60-day period, the Secretary Director shall issue an order |
5 | | based
on the report of the hearing officer. If the Secretary |
6 | | Director determines that the
Board's report is contrary to the |
7 | | manifest weight of the evidence, he or she
may issue an order |
8 | | in contravention of the Board's report.
|
9 | | (Source: P.A. 92-860, eff. 6-1-03.)
|
10 | | (225 ILCS 57/130)
|
11 | | (Section scheduled to be repealed on January 1, 2012)
|
12 | | Sec. 130. Order or certified copy; prima facie proof. An |
13 | | order or a certified copy thereof, over the seal of the |
14 | | Department and
purporting to be signed by the Secretary |
15 | | Director , shall be prima facie proof that:
|
16 | | (1) the signature is the genuine signature of the |
17 | | Secretary
Director ;
|
18 | | (2) the Secretary Director is duly appointed and |
19 | | qualified;
and
|
20 | | (3) the Board and the members of the Board are |
21 | | qualified to act.
|
22 | | (Source: P.A. 92-860, eff. 6-1-03.)
|
23 | | (225 ILCS 57/135)
|
24 | | (Section scheduled to be repealed on January 1, 2012)
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1 | | Sec. 135. Restoration of license from discipline suspended |
2 | | or revoked license . At any time after the successful completion |
3 | | of a term of indefinite probation, suspension, or revocation of |
4 | | a license, the Department may restore the license to the |
5 | | licensee, upon written recommendation of the Board, unless |
6 | | after an investigation and a hearing the Secretary determines |
7 | | that restoration is not in the public interest. No person or |
8 | | entity whose license, certificate, or authority has been |
9 | | revoked as authorized in this Act may apply for restoration of |
10 | | that license, certification, or authority until such time as |
11 | | provided for in the Civil Administrative Code of Illinois At |
12 | | any time
after the suspension or revocation of a license, the |
13 | | Department may restore
it to the accused person upon the |
14 | | written recommendation of the Board,
unless after an |
15 | | investigation and a hearing, the Board determines that
|
16 | | restoration is not in the public interest .
|
17 | | (Source: P.A. 92-860, eff. 6-1-03.)
|
18 | | (225 ILCS 57/145)
|
19 | | (Section scheduled to be repealed on January 1, 2012)
|
20 | | Sec. 145. Temporary suspension of a license. The Secretary |
21 | | Director may
temporarily suspend the license of a massage |
22 | | therapist
without a hearing, simultaneously with the |
23 | | institution
of proceedings for a hearing provided for in |
24 | | Section 95 of this Act, if the
Secretary Director finds that |
25 | | the evidence in his or her possession indicates that
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1 | | continuation in practice
would constitute an imminent danger to |
2 | | the public. In the event that the Secretary
Director |
3 | | temporarily suspends the license of a massage therapist
without |
4 | | a hearing, a hearing by the Board must be held within 30 |
5 | | calendar days
after the suspension has occurred.
|
6 | | (Source: P.A. 92-860, eff. 6-1-03.)
|
7 | | (225 ILCS 57/150)
|
8 | | (Section scheduled to be repealed on January 1, 2012)
|
9 | | Sec. 150. Administrative review; venue. All final |
10 | | administrative
decisions of the Department are subject to |
11 | | judicial review under pursuant to the
Administrative Review Law |
12 | | and its rules. The term "administrative decision" is
defined as |
13 | | in Section 3-101 of the Code of Civil Procedure.
|
14 | | Proceedings for judicial review shall be commenced in the |
15 | | circuit court
of the county in which the party applying for |
16 | | relief resides; but if the
party is not a resident of this |
17 | | State, the venue shall be in Sangamon County.
|
18 | | The Department shall not be required to certify any record |
19 | | to the court
or file any answer in court or otherwise appear in |
20 | | any court in a judicial
review proceeding, unless and until |
21 | | there is filed in the court, with the complaint,
a receipt from |
22 | | the Department has received from the plaintiff acknowledging |
23 | | payment of the costs of
furnishing and certifying the record , |
24 | | which costs shall be determined by the Department . Failure on |
25 | | the part of the
plaintiff to file a receipt in court shall be |
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1 | | grounds for dismissal of the
action.
|
2 | | (Source: P.A. 92-860, eff. 6-1-03.)
|
3 | | (225 ILCS 57/155)
|
4 | | (Section scheduled to be repealed on January 1, 2012)
|
5 | | Sec. 155. Violations. |
6 | | (a) A person who is found to have violated any
provision of |
7 | | this Act is guilty of a Class A misdemeanor for the first
|
8 | | offense and a Class 4 felony for the second and any subsequent |
9 | | offense. |
10 | | (b) Whoever knowingly practices or offers to practice |
11 | | massage therapy in this State without a license for that |
12 | | purpose, or whoever knowingly aids, abets, assists, procures, |
13 | | advises, employs, or contracts with any unlicensed person to |
14 | | practice massage therapy contrary to any rule or provision of |
15 | | this Act, shall be guilty of a Class A misdemeanor and, for |
16 | | each subsequent conviction, shall be guilty of a Class 4 |
17 | | felony.
|
18 | | (Source: P.A. 92-860, eff. 6-1-03.)
|
19 | | (225 ILCS 57/160)
|
20 | | (Section scheduled to be repealed on January 1, 2012)
|
21 | | Sec. 160. Returned checks; fines. Any person who delivers a |
22 | | check or other payment to the Department that
is returned to |
23 | | the Department unpaid by the financial institution upon
which |
24 | | it is drawn shall pay to the Department, in addition to the |
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1 | | amount
already owed to the Department, a fine of $50. The fines |
2 | | imposed by this Section are in addition
to any other discipline |
3 | | provided under this Act for unlicensed
practice or practice on |
4 | | a nonrenewed license. The Department shall notify
the person |
5 | | that payment of fees and fines shall be paid to the Department
|
6 | | by certified check or money order within 30 calendar days of |
7 | | the
notification. If, after the expiration of 30 days from the |
8 | | date of the
notification, the person has failed to submit the |
9 | | necessary remittance, the
Department shall automatically |
10 | | terminate the license or deny
the application, without hearing. |
11 | | If, after termination or denial, the
person seeks a license, he |
12 | | or she shall apply to the
Department for restoration or |
13 | | issuance of the license and
pay all fees and fines due to the |
14 | | Department. The Department may establish
a fee for the |
15 | | processing of an application for restoration of a license
to |
16 | | pay all expenses of processing this application. The Secretary |
17 | | Director
may waive the fines due under this Section in |
18 | | individual cases where the
Secretary Director finds that the |
19 | | fines would be unreasonable or unnecessarily
burdensome.
|
20 | | (Source: P.A. 92-860, eff. 6-1-03; 93-524, eff. 8-12-03.)
|
21 | | (225 ILCS 57/165)
|
22 | | (Section scheduled to be repealed on January 1, 2012)
|
23 | | Sec. 165. Unlicensed practice; violation; civil penalty.
|
24 | | (a) Any person who practices, offers to practice, attempts |
25 | | to practice, or
holds himself or herself out to practice |
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1 | | massage therapy or as a massage
therapist
without being |
2 | | licensed under this Act , or any person not licensed under this |
3 | | Act who aids, abets, assists, procures, advises, employs, or |
4 | | contracts with any unlicensed person to practice massage |
5 | | therapy contrary to any rules or provisions of this Act, shall, |
6 | | in
addition to any other penalty provided by law, pay a civil |
7 | | penalty to the
Department in an amount not to exceed $10,000 |
8 | | $5,000 for each violation of this Act offense as determined by
|
9 | | the Department. The civil penalty shall be assessed by the |
10 | | Department after a
hearing is held in accordance with the |
11 | | provisions set forth in this Act
regarding the provision of a |
12 | | hearing for the discipline of a licensee.
|
13 | | (b) The Department has the authority and power to |
14 | | investigate any
unlicensed activity.
|
15 | | (c) The civil penalty shall be paid within 60 days after |
16 | | the effective date
of the order imposing the civil penalty. The |
17 | | order shall constitute a judgment
and may be filed and |
18 | | execution had thereon in the same manner as any judgment
from |
19 | | any court of record.
|
20 | | (d) All moneys collected under this Section shall be |
21 | | deposited into the General Professions Dedicated Fund. |
22 | | (Source: P.A. 92-860, eff. 6-1-03.)
|
23 | | (225 ILCS 57/168 new) |
24 | | Sec. 168. Confidentiality. All information collected by |
25 | | the Department in the course of an examination or investigation |
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1 | | of a licensee or applicant, including, but not limited to, any |
2 | | complaint against a licensee filed with the Department and |
3 | | information collected to investigate any such complaint, shall |
4 | | be maintained for the confidential use of the Department and |
5 | | shall not be disclosed. The Department may not disclose the |
6 | | information to anyone other than law enforcement officials, |
7 | | other regulatory agencies that have an appropriate regulatory |
8 | | interest as determined by the Secretary, or to a party |
9 | | presenting a lawful subpoena to the Department. Information and |
10 | | documents disclosed to a federal, State, county, or local law |
11 | | enforcement agency shall not be disclosed by the agency for any |
12 | | purpose to any other agency or person. A formal complaint filed |
13 | | against a licensee by the Department or any order issued by the |
14 | | Department against a licensee or applicant shall be a public |
15 | | record, except as otherwise prohibited by law. |
16 | | (225 ILCS 57/20 rep.) |
17 | | Section 15. The Massage Licensing Act is amended by |
18 | | repealing Section 20.
|
19 | | Section 99. Effective date. This Act takes effect upon |
20 | | becoming law.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 5 ILCS 80/4.22 | | | 4 | | 5 ILCS 80/4.32 new | | | 5 | | 225 ILCS 57/10 | | | 6 | | 225 ILCS 57/15 | | | 7 | | 225 ILCS 57/17 new | | | 8 | | 225 ILCS 57/19 new | | | 9 | | 225 ILCS 57/25 | | | 10 | | 225 ILCS 57/30 | | | 11 | | 225 ILCS 57/32 new | | | 12 | | 225 ILCS 57/35 | | | 13 | | 225 ILCS 57/40 | | | 14 | | 225 ILCS 57/45 | | | 15 | | 225 ILCS 57/55 | | | 16 | | 225 ILCS 57/60 | | | 17 | | 225 ILCS 57/70 | | | 18 | | 225 ILCS 57/85 | | | 19 | | 225 ILCS 57/90 | | | 20 | | 225 ILCS 57/95 | | | 21 | | 225 ILCS 57/100 | | | 22 | | 225 ILCS 57/105 | | | 23 | | 225 ILCS 57/110 | | | 24 | | 225 ILCS 57/115 | | | 25 | | 225 ILCS 57/120 | | |
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| 1 | | 225 ILCS 57/125 | | | 2 | | 225 ILCS 57/130 | | | 3 | | 225 ILCS 57/135 | | | 4 | | 225 ILCS 57/145 | | | 5 | | 225 ILCS 57/150 | | | 6 | | 225 ILCS 57/155 | | | 7 | | 225 ILCS 57/160 | | | 8 | | 225 ILCS 57/165 | | | 9 | | 225 ILCS 57/168 new | | | 10 | | 225 ILCS 57/20 rep. | |
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