97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB0153

 

Introduced 2/8/2011, by Sen. Iris Y. Martinez

 

SYNOPSIS AS INTRODUCED:
 
See Index

    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.


LRB097 06454 CEL 46536 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Regulatory Sunset Act is amended by changing
5Section 4.22 and by adding Section 4.32 as follows:
 
6    (5 ILCS 80/4.22)
7    Sec. 4.22. Acts repealed on January 1, 2012. The following
8Acts are repealed on January 1, 2012:
9    The Detection of Deception Examiners Act.
10    The Home Inspector License Act.
11    The Interior Design Title Act.
12    The Massage Licensing Act.
13    The Petroleum Equipment Contractors Licensing Act.
14    The Professional Boxing Act.
15    The Real Estate Appraiser Licensing Act of 2002.
16    The Water Well and Pump Installation Contractor's License
17Act.
18(Source: P.A. 95-331, eff. 8-21-07.)
 
19    (5 ILCS 80/4.32 new)
20    Sec. 4.32. Acts repealed on January 1, 2022. The following
21Act 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
2changing Sections 10, 15, 25, 30, 35, 40, 45, 55, 60, 70, 85,
390, 95, 100, 105, 110, 115, 120, 125, 130, 135, 145, 150, 155,
4160, and 165 and by adding Sections 17, 19, 32, and 168 as
5follows:
 
6    (225 ILCS 57/10)
7    (Section scheduled to be repealed on January 1, 2012)
8    Sec. 10. Definitions. As used in this Act:
9    "Address of Record" means the designated address recorded
10by the Department in the applicant's or licensee's application
11file or license file as maintained by the Department's
12licensure maintenance unit. It is the duty of the applicant or
13licensee to inform the Department of any change of address and
14those changes must be made either through the Department's
15website or by contacting the Department.
16    "Approved massage school" means a facility which meets
17minimum standards for training and curriculum as determined by
18the Department.
19    "Board" means the Massage Licensing Board appointed by the
20Secretary Director.
21    "Compensation" means the payment, loan, advance, donation,
22contribution, deposit, or gift of money or anything of value.
23    "Department" means the Department of Financial and
24Professional Regulation.

 

 

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1    "Director" means the Director of Professional Regulation.
2    "Massage" or "massage therapy" means a system of structured
3palpation or movement of the soft tissue of the body. The
4system may include, but is not limited to, techniques such as
5effleurage or stroking and gliding, petrissage or kneading,
6tapotement or percussion, friction, vibration, compression,
7and stretching activities as they pertain to massage therapy.
8These techniques may be applied by a licensed massage therapist
9with or without the aid of lubricants, salt or herbal
10preparations, hydromassage, thermal massage, or a massage
11device that mimics or enhances the actions possible by human
12hands. The purpose of the practice of massage, as licensed
13under this Act, is to enhance the general health and well-being
14of the mind and body of the recipient. "Massage" does not
15include the diagnosis of a specific pathology. "Massage" does
16not include those acts of physical therapy or therapeutic or
17corrective measures that are outside the scope of massage
18therapy practice as defined in this Section.
19    "Massage therapist" means a person who is licensed by the
20Department and administers massage for compensation.
21    "Professional massage or bodywork therapy association"
22means a state or nationally chartered organization that is
23devoted to the massage specialty and therapeutic approach and
24meets the following requirements:
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,
2    sanitation, ethics, technical theory, and application of
3    techniques.
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.
7    "Secretary" means the Secretary of Financial and
8Professional Regulation.
9(Source: P.A. 92-860, eff. 6-1-03; 93-524, eff. 8-12-03.)
 
10    (225 ILCS 57/15)
11    (Section scheduled to be repealed on January 1, 2012)
12    Sec. 15. Licensure requirements.
13    (a) Persons Beginning January 1, 2005, persons engaged in
14massage for compensation must be licensed by the Department.
15The Department shall issue a license to an individual who meets
16all of the following requirements:
17        (1) The applicant has applied in writing on the
18    prescribed forms and has paid the required fees.
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
3    misconduct, or where the applicant is a registered sex
4    offender.
5        (3) The applicant has met one of the following
6    requirements:
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
11        approved by the Department;
12            (B) holds a current license from another
13        jurisdiction having licensure requirements that meet
14        or exceed those defined within this Act; or
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.
22    (b) Each applicant for licensure as a massage therapist
23shall have his or her fingerprints submitted to the Department
24of State Police in an electronic format that complies with the
25form and manner for requesting and furnishing criminal history
26record information as prescribed by the Department of State

 

 

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1Police. These fingerprints shall be checked against the
2Department of State Police and Federal Bureau of Investigation
3criminal history record databases now and hereafter filed. The
4Department of State Police shall charge applicants a fee for
5conducting the criminal history records check, which shall be
6deposited into the State Police Services Fund and shall not
7exceed the actual cost of the records check. The Department of
8State Police shall furnish, pursuant to positive
9identification, records of Illinois convictions to the
10Department. The Department may require applicants to pay a
11separate fingerprinting fee, either to the Department or to a
12vendor. The Department, in its discretion, may allow an
13applicant who does not have reasonable access to a designated
14vendor to provide his or her fingerprints in an alternative
15manner. The Department may adopt any rules necessary to
16implement this Section.
17(Source: P.A. 92-860, eff. 6-1-03; 93-524, eff. 8-12-03;
1893-908, eff. 8-11-04.)
 
19    (225 ILCS 57/17 new)
20    Sec. 17. Social Security number on license application. In
21addition to any other information required to be contained in
22the application, every application for an original, renewal,
23reinstated, or restored license under this Act shall include
24the applicant's Social Security Number.
 

 

 

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1    (225 ILCS 57/19 new)
2    Sec. 19. Endorsement. The Department may, in its
3discretion, license as a massage therapist, by endorsement, on
4payment of the required fee, an applicant who is a massage
5therapist licensed under the laws of another state or
6territory, if the requirements for licensure in the state or
7territory in which the applicant was licensed were, at the date
8of his or her licensure, substantially equivalent to the
9requirements in force in this State on that date. The
10Department may adopt any rules necessary to implement this
11Section.
12    Applicants have 3 years from the date of application to
13complete the application process. If the process has not been
14completed within the 3 years, the application shall be denied,
15the fee forfeited, and the applicant must reapply and meet the
16requirements in effect at the time of reapplication.
 
17    (225 ILCS 57/25)
18    (Section scheduled to be repealed on January 1, 2012)
19    Sec. 25. Exemptions.
20    (a) This Act does not prohibit a person licensed under any
21other Act in this State from engaging in the practice for which
22he or she is licensed.
23    (b) Persons exempted under this Section include, but are
24not limited to, physicians, podiatrists, naprapaths, and
25physical therapists.

 

 

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1    (c) Nothing in this Act prohibits qualified members of
2other professional groups, including but not limited to nurses,
3occupational therapists, cosmetologists, and estheticians,
4from performing massage in a manner consistent with their
5training and the code of ethics of their respective
6professions.
7    (d) Nothing in this Act prohibits a student of an approved
8massage school or program from performing massage, provided
9that the student does not hold himself or herself out as a
10licensed massage therapist and does not receive compensation,
11including tips, charge a fee for massage therapy services.
12    (e) Nothing in this Act prohibits practitioners that do not
13involve intentional soft tissue manipulation, including but
14not limited to Alexander Technique, Feldenkrais, Reike, and
15Therapeutic Touch, from practicing.
16    (f) Practitioners of certain service marked bodywork
17approaches that do involve intentional soft tissue
18manipulation, including but not limited to Rolfing, Trager
19Approach, Polarity Therapy, and Orthobionomy, are exempt from
20this Act if they are approved by their governing body based on
21a minimum level of training, demonstration of competency, and
22adherence to ethical standards.
23    (g) Practitioners of Asian bodywork approaches are exempt
24from this Act if they are members of the American Organization
25of Bodywork Therapies of Asia as certified practitioners or if
26they are approved by an Asian bodywork organization based on a

 

 

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1minimum level of training, demonstration of competency, and
2adherence to ethical standards set by their governing body.
3    (h) Practitioners of other forms of bodywork who restrict
4manipulation of soft tissue to the feet, hands, and ears, and
5who do not have the client disrobe, such as reflexology, are
6exempt from this Act.
7    (i) Nothing in this Act applies to massage therapists from
8other states or countries when providing educational programs
9or services for a period not exceeding 30 days within a
10calendar year.
11    (j) Nothing in this Act prohibits a person from treating
12ailments by spiritual means through prayer alone in accordance
13with the tenets and practices of a recognized church or
14religious denomination.
15    (k) Nothing in this Act applies to the practice of massage
16therapy by a person either actively licensed as a massage
17therapist in another state or currently certified by the
18National Certification Board of Therapeutic Massage and
19Bodywork or other national certifying body if said person's
20state does not license massage therapists, if he or she is
21performing his or her duties for a non-Illinois based team or
22organization, or for a national athletic event held in this
23State, so long as he or she restricts his or her practice to
24his or her team or organization or to event participants during
25the course of his or her team's or organization's stay in this
26State or for the duration of the event. Nothing in this Act

 

 

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1applies to persons or entities practicing the specified
2occupations set forth in subsection (a) of, and pursuant to a
3licensing exemption granted in subsection (b) or (d) of,
4Section 2105-350 of the Department of Professional Regulation
5Law of the Civil Administrative Code of Illinois, but only for
6so long as the 2016 Olympic and Paralympic Games Professional
7Licensure Exemption Law is operable.
8(Source: P.A. 96-7, eff. 4-3-09.)
 
9    (225 ILCS 57/30)
10    (Section scheduled to be repealed on January 1, 2012)
11    Sec. 30. Title protection.
12    (a) Persons regulated by this Act are designated as massage
13therapists and therefore are exclusively entitled to utilize
14the terms "massage", "massage therapy", and "massage
15therapist" when advertising or printing promotional material.
16    (b) Anyone who knowingly aids and abets one or more persons
17not authorized to use a professional title regulated by this
18Act or knowingly employs persons not authorized to use the
19regulated professional title in the course of their employment,
20commits a violation of this Act.
21    (c) Anyone not authorized, under the definitions of this
22Act, to utilize the term "massage", "massage therapy", or
23"massage therapist" and who knowingly utilizes these terms when
24advertising commits a violation of this Act.
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
2registered under the Barber, Cosmetology, Esthetics, Hair
3Braiding, and Nail Technology Act of 1985, provided that the
4salon offers massage therapy services in accordance with this
5Act.
6(Source: P.A. 92-860, eff. 6-1-03.)
 
7    (225 ILCS 57/32 new)
8    Sec. 32. Display. Every holder of a license shall display
9it, or a copy, in a conspicuous place in the holder's principal
10office or any other location where the holder renders massage
11therapy services.
 
12    (225 ILCS 57/35)
13    (Section scheduled to be repealed on January 1, 2012)
14    Sec. 35. Massage Licensing Board.
15    (a) The Secretary Director shall appoint a Massage
16Licensing Board, which shall serve in an advisory capacity to
17the Secretary Director. The Board shall consist of 7 members,
18of whom 6 shall be massage therapists with at least 3 years of
19experience in massage. One of the massage therapist members
20shall represent a massage therapy school from the private
21sector and one of the massage therapist members shall represent
22a massage therapy school from the public sector. One member of
23the Board shall be a member of the public who is not licensed
24under this Act or a similar Act in Illinois or another

 

 

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1jurisdiction. Membership on the Board shall reasonably reflect
2the various massage therapy and non-exempt bodywork
3organizations. Membership on the Board shall reasonably
4reflect the geographic areas of the State. The Board shall meet
5annually to elect a chairperson and vice chairperson. The Board
6shall hold regularly scheduled meetings during the year. A
7simple majority of the Board shall constitute a quorum at any
8meeting. Any action taken by the Board must be on the
9affirmative vote of a simple majority of members. Voting by
10proxy shall not be permitted. In the case of an emergency where
11all Board members cannot meet in person, the Board may convene
12a meeting via an electronic format in accordance with the Open
13Meetings Act.
14    (b) Members shall be appointed to a 3-year term, except
15that initial appointees shall serve the following terms: 2
16members shall serve for one year, 2 members shall serve for 2
17years, and 3 members shall serve for 3 years. A member whose
18term has expired shall continue to serve until his or her
19successor is appointed. No member shall be reappointed to the
20Board for a term that would cause his or her continuous service
21on the Board to exceed 9 years. Appointments to fill vacancies
22shall be made in the same manner as the original appointments
23for the unexpired portion of the vacated term.
24    (c) The members of the Board are entitled to receive
25compensation for all legitimate and necessary expenses
26incurred while attending Board and Department meetings.

 

 

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1    (d) Members of the Board shall be immune from suit in any
2action based upon any disciplinary proceedings or other
3activities performed in good faith as members of the Board.
4    (e) The Secretary Director shall consider the
5recommendations of the Board on questions involving the
6standards of professional conduct, discipline, and
7qualifications of candidates and licensees under this Act.
8Nothing shall limit the ability of the Board to provide
9recommendations to the Secretary Director in regard to any
10matter affecting the administration of this Act. The Secretary
11Director shall give due consideration to all recommendations of
12the Board. If the Director takes action contrary to a
13recommendation of the Board, the Director shall provide a
14written explanation of that action.
15    (f) The Secretary Director may terminate the appointment of
16any member for cause which, in the opinion of the Secretary
17Director reasonably justifies termination, which may include,
18but is not limited to, a Board member who does not attend 2
19consecutive meetings.
20(Source: P.A. 92-860, eff. 6-1-03; 93-524, eff. 8-12-03.)
 
21    (225 ILCS 57/40)
22    (Section scheduled to be repealed on January 1, 2012)
23    Sec. 40. Duties of the Department. The Department shall
24exercise the powers and duties prescribed by the Civil
25Administrative Code of Illinois for administration of

 

 

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1licensing acts and shall exercise other powers and duties
2necessary for effectuating the purpose of this Act. The
3Department shall adopt rules to implement, interpret, or make
4specific the provisions and purposes of this Act; however, no
5such rules shall be adopted by the Department except upon
6review by the Board.
7Subject to provisions of this Act, the Department shall:
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.
13        (2) Determine the qualifications of an applicant for
14    licensure by endorsement.
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.
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.
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.)
 
2    (225 ILCS 57/45)
3    (Section scheduled to be repealed on January 1, 2012)
4    Sec. 45. Grounds for discipline.
5    (a) The Department may refuse to issue or renew, or may
6revoke, suspend, place on probation, reprimand, or take other
7disciplinary or non-disciplinary action, as the Department
8considers appropriate, including the imposition of fines not to
9exceed $10,000 $1,000 for each violation, with regard to any
10license or licensee for any one or more of the following:
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
18    of guilt, or a plea of nolo contendere;
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;
4        (3) professional incompetence; aiding, assisting,
5    procuring, or advising any unlicensed person to practice
6    massage contrary to any rules or provisions of this Act;
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;
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;
16        (7) (5) engaging in dishonorable, unethical, or
17    unprofessional conduct of a character likely to deceive,
18    defraud, or harm the public;
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
21date of the order imposing the fine.
22    (b) A person not licensed under this Act and engaged in the
23business of offering massage therapy services through others,
24shall not aid, abet, assist, procure, advise, employ, or
25contract with any unlicensed person to practice massage therapy
26contrary to any rules or provisions of this Act. A person

 

 

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1violating this subsection (b) shall be treated as a licensee
2for the purposes of disciplinary action under this Section and
3shall be subject to cease and desist orders as provided in
4Section 90 of this Act.
5    (c) The Department shall revoke any license issued under
6this Act of any person who is convicted of prostitution, rape,
7sexual misconduct, or any crime that subjects the licensee to
8compliance with the requirements of the Sex Offender
9Registration Act and any such conviction shall operate as a
10permanent bar in the State of Illinois to practice as a massage
11therapist.
12    (d) (b) The Department may refuse to issue or may suspend
13the license of any person who fails to file a tax return, to
14pay the tax, penalty, or interest shown in a filed tax return,
15or to pay any final assessment of tax, penalty, or interest, as
16required by any tax Act administered by the Illinois Department
17of Revenue, until such time as the requirements of the tax Act
18are satisfied in accordance with subsection (g) of Section
192105-15 of the Civil Administrative Code of Illinois.
20    (e) The Department shall deny a license or renewal
21authorized by this Act to a person who has defaulted on an
22educational loan or scholarship provided or guaranteed by the
23Illinois Student Assistance Commission or any governmental
24agency of this State in accordance with item (5) of subsection
25(g) of Section 2105-15 of the Civil Administrative Code of
26Illinois.

 

 

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1    (f) In cases where the Department of Healthcare and Family
2Services has previously determined that a licensee or a
3potential licensee is more than 30 days delinquent in the
4payment of child support and has subsequently certified the
5delinquency to the Department, the Department may refuse to
6issue or renew or may revoke or suspend that person's license
7or may take other disciplinary action against that person based
8solely upon the certification of delinquency made by the
9Department of Healthcare and Family Services in accordance with
10item (5) of subsection (g) of Section 1205-15 of the Civil
11Administrative Code of Illinois.
12    (g) (c) The determination by a circuit court that a
13licensee is subject to involuntary admission or judicial
14admission, as provided in the Mental Health and Developmental
15Disabilities Code, operates as an automatic suspension. The
16suspension will end only upon (i) a finding by a court that the
17patient is no longer subject to involuntary admission or
18judicial admission and the issuance of a court order so finding
19and discharging the patient and (ii) the recommendation of the
20Board to the Director that the licensee be allowed to resume
21his or her practice.
22    (h) (d) In enforcing this Act Section, the Department or
23Board, upon a showing of a possible violation, may compel an
24individual licensed to practice under this Act, or who has
25applied for licensure under this Act, to submit to a mental or
26physical examination, or both, as required by and at the

 

 

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1expense of the Department. The Department or Board may order
2the examining physician to present testimony concerning the
3mental or physical examination of the licensee or applicant. No
4information shall be excluded by reason of any common law or
5statutory privilege relating to communications between the
6licensee or applicant and the examining physician. The
7examining physicians shall be specifically designated by the
8Board or Department. The individual to be examined may have, at
9his or her own expense, another physician of his or her choice
10present during all aspects of this examination. The examination
11shall be performed by a physician licensed to practice medicine
12in all its branches. Failure of an individual to submit to a
13mental or physical examination, when directed, shall result in
14an automatic suspension without hearing be grounds for
15suspension of his or her license until the individual submits
16to the examination if the Department finds, after notice and
17hearing, that the refusal to submit to the examination was
18without reasonable cause.
19    A person holding a license under this Act or who has
20applied for a license under this Act who, because of a physical
21or mental illness or disability, including, but not limited to,
22deterioration through the aging process or loss of motor skill,
23is unable to practice the profession with reasonable judgment,
24skill, or safety, may be required by the Department to submit
25to care, counseling, or treatment by physicians approved or
26designated by the Department as a condition, term, or

 

 

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1restriction for continued, reinstated, or renewed licensure to
2practice. Submission to care, counseling, or treatment as
3required by the Department shall not be considered discipline
4of a license. If the licensee refuses to enter into a care,
5counseling, or treatment agreement or fails to abide by the
6terms of the agreement, the Department may file a complaint to
7revoke, suspend, or otherwise discipline the license of the
8individual. The Secretary may order the license suspended
9immediately, pending a hearing by the Department. Fines shall
10not be assessed in disciplinary actions involving physical or
11mental illness or impairment.
12    If the Department or Board finds an individual unable to
13practice because of the reasons set forth in this Section, the
14Department or Board may require that individual to submit to
15care, counseling, or treatment by physicians approved or
16designated by the Department or Board, as a condition, term, or
17restriction for continued, reinstated, or renewed licensure to
18practice; or, in lieu of care, counseling, or treatment, the
19Department may file, or the Board may recommend to the
20Department to file, a complaint to immediately suspend, revoke,
21or otherwise discipline the license of the individual. An
22individual whose license was granted, continued, reinstated,
23renewed, disciplined or supervised subject to such terms,
24conditions, or restrictions, and who fails to comply with such
25terms, conditions, or restrictions, shall be referred to the
26Director for a determination as to whether the individual shall

 

 

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1have his or her license suspended immediately, pending a
2hearing by the Department.
3    In instances in which the Secretary Director immediately
4suspends a person's license under this Section, a hearing on
5that person's license must be convened by the Department within
615 days after the suspension and completed without appreciable
7delay. The Department and Board shall have the authority to
8review the subject individual's record of treatment and
9counseling regarding the impairment to the extent permitted by
10applicable federal statutes and regulations safeguarding the
11confidentiality of medical records.
12    An individual licensed under this Act and affected under
13this Section shall be afforded an opportunity to demonstrate to
14the Department or Board that he or she can resume practice in
15compliance with acceptable and prevailing standards under the
16provisions 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,
212005, the regulation and licensing of massage therapy is an
22exclusive power and function of the State. A Beginning January
231, 2005, a home rule unit may not regulate or license massage
24therapists. This Section is a denial and limitation of home
25rule powers and functions under subsection (h) of Section 6 of

 

 

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1Article 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
6Administrative Procedure Act is hereby expressly adopted and
7incorporated herein as if all of the provisions of that Act
8were included in this Act, except that the provision of
9subsection (d) of Section 10-65 of the Illinois Administrative
10Procedure Act that provides that at hearings the licensee has
11the right to show compliance with all lawful requirements for
12retention, continuation, or renewal of the license is
13specifically excluded. For the purposes of this Act the notice
14required under Section 10-25 of the Administrative Procedure
15Act is deemed sufficient when mailed to the address of record
16last 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
21therapist who has permitted his or her license to expire or who
22has had his or her license on inactive status may have his or
23her license restored by making application to the Department
24and filing proof acceptable to the Department of his or her

 

 

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1fitness to have his or her license restored, including sworn
2evidence certifying to active practice in another jurisdiction
3satisfactory to the Department, and by paying the required
4restoration fee and showing proof of completion of required
5continuing education. Licensees must provide proof of
6completion of 24 hours approved continuing education to renew
7their license.
8    If the massage therapist has not maintained an active
9practice in another jurisdiction satisfactory to the
10Department, the Board shall determine, by an evaluation program
11established by rule his or her fitness to resume active status
12and may require the massage therapist to complete a period of
13evaluated clinical experience and may require successful
14completion of an examination.
15    A massage therapist whose license has been expired or
16placed on inactive status for more than 5 years may have his or
17her license restored by making application to the Department
18and filing proof acceptable to the Department of his or her
19fitness to have his or her license restored, including sworn
20evidence certifying to active practice in another
21jurisdiction, by paying the required restoration fee, and by
22showing proof of the completion of 24 hours of continuing
23education.
24    However, any registrant whose license has expired while he
25or she has been engaged (i) in Federal Service on active duty
26with the United States Army, Navy, Marine Corps, Air Force,

 

 

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1Coast Guard, or Public Health Service or the State Militia
2called into the service or training of the United States of
3America, or (ii) in training or education under the supervision
4of the United States preliminary to induction into the military
5service, may have his or her license reinstated or restored
6without paying any lapsed renewal fees, if within 2 years after
7honorable termination of such service, training, or education,
8he or she furnishes to the Department with satisfactory
9evidence to the effect that he or she has been so engaged and
10that his or her service, training, or education has been so
11terminated.
12    However, a massage therapist whose license has expired
13while he or she has been engaged (i) in active duty with the
14Army of the United States, the United States Navy, the Marine
15Corps, the Air Force, the Coast Guard, or the State Militia
16called into the service or training of the United States of
17America, or (ii) in training or education under the supervision
18of the United States preliminary to induction into the military
19service, may have his or her license restored without paying
20any lapsed renewal fees or restoration fee if, within 2 years
21after termination of the service, training, or education, other
22than by dishonorable discharge, he or she furnishes the
23Department with an affidavit to the effect that he or she has
24been so engaged and that his or her service, training, or
25education 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
4fees and fines collected under this Act shall be deposited into
5the General Professions Dedicated Fund. All moneys in the Fund
6shall be used by the Department of Financial and Professional
7Regulation, as appropriated, for the ordinary and contingent
8expenses 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
14Secretary Director may, in the name of the People of the State
15of Illinois, through the Attorney General of the State of
16Illinois or the State's Attorney in the county in which the
17offense occurs, petition for an order enjoining the violation
18or for an order enforcing compliance with this Act. Upon the
19filing of a verified petition in court, the court may issue a
20temporary restraining order, without notice or bond, and may
21preliminarily and permanently enjoin the violation. If it is
22established that the person has violated or is violating the
23injunction, the court may punish the offender for contempt of
24court. Proceedings under this Section shall be in addition to,

 

 

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1and not in lieu of, all other remedies and penalties provided
2by this Act.
3    (b) If , after January 1, 2005, any person practices as a
4massage therapist or holds himself or herself out as a massage
5therapist without being licensed under the provisions of this
6Act, then the Secretary Director, any licensed massage
7therapist, any interested party, or any person injured thereby
8may petition for relief as provided in subsection (a) of this
9Section or may apply to the circuit court of the county in
10which the violation or some part thereof occurred, or in which
11the person complained of has his or her principal place of
12business or resides, to prevent the violation. The court has
13jurisdiction to enforce obedience by injunction or by other
14process restricting the person complained of from further
15violation and enjoining upon him or her obedience.
16    (c) Whenever, in the opinion of the Department, a person
17violates any provision of this Act, the Department may issue a
18rule to show cause why an order to cease and desist should not
19be entered against him or her. The rule shall clearly set forth
20the grounds relied upon by the Department and shall provide a
21period of 7 days from the date of the rule to file an answer to
22the satisfaction of the Department. Failure to answer to the
23satisfaction of the Department shall cause an order to cease
24and 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
4Department may investigate the actions of any applicant or of
5any person or persons rendering or offering to render massage
6therapy services or any person holding or claiming to hold a
7license as a massage therapist. The Department shall, before
8refusing to issue or renew a license or to discipline a
9licensee under Section 45, at least 30 days prior to the date
10set for the hearing, (i) notify the accused in writing of the
11charges made and the time and place for the hearing on the
12charges, (ii) direct him or her to file a written answer with
13the Department under oath within 20 days after the service of
14the notice, and (iii) inform the applicant or licensee that
15failure to file an answer will result in a default judgment
16being entered against the applicant or licensee. At the time
17and place fixed in the notice, the Department shall proceed to
18hear the charges and the parties of their counsel shall be
19accorded ample opportunity to present any pertinent
20statements, testimony, evidence, and arguments. The Department
21may continue the hearing from time to time. In case the person,
22after receiving the notice, fails to file an answer, his or her
23license, may, in the discretion of the Department, be revoked,
24suspended, placed on probationary status, or the Department may
25take whatever disciplinary actions considered proper,
26including limiting the scope, nature, or extent of the person's

 

 

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1practice or the imposition of a fine, without a hearing, if the
2act or acts charged constitute sufficient grounds for that
3action under the Act. The written notice may be served by
4personal delivery or by certified mail to the accused's address
5of record. The Department may investigate the actions of any
6applicant or of any person holding or claiming to hold a
7license. The Department shall, before refusing to issue or
8renew a license or to discipline a licensee pursuant to Section
945, notify the applicant or holder of a license in writing, at
10least 30 days prior to the date set for the hearing, of the
11nature of the charges and that a hearing will be held on the
12date designated. The notice shall direct the applicant or
13licensee to file a written answer to the Board under oath
14within 20 days after the service of the notice, and shall
15inform the applicant or licensee that failure to file an answer
16will result in a default judgment being entered against the
17applicant or licensee. A default judgment may result in the
18license being suspended, revoked, or placed on probationary
19status, or other disciplinary action may be taken, including
20limiting the scope, nature, or extent of practice, as the
21Director may deem proper. Written notice may be served by
22personal delivery or certified or registered mail to the
23respondent at the address of his or her last notification to
24the Department. In case the person fails to file an answer
25after receiving notice, his or her license or certificate may,
26in the discretion of the Department, be suspended, revoked, or

 

 

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1placed on probationary status and the Department may take
2whatever disciplinary action it deems proper, including
3limiting the scope, nature, or extent of the person's practice
4or the imposition of a fine, without a hearing, if the act or
5acts charged constitute sufficient grounds for that action
6under this Act. At the time and place fixed in the notice, the
7Board shall proceed to hear the charges and the parties or
8their counsel shall be accorded ample opportunity to present
9statements, testimony, evidence and argument that may be
10pertinent to the charges or to the licensee's defense. The
11Board 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
16expense, shall preserve a record of all proceedings at the
17formal hearing of any case involving the refusal to issue or
18renew a license or the discipline of a licensee. Any notice,
19all documents in the nature of pleadings, written motions filed
20in the proceedings, the transcripts of testimony, reports of
21the Board and hearing officer, and orders of the Department
22shall be in the record of the proceeding. The notice of
23hearing, complaint and all other documents in the nature of
24pleadings and written motions filed in the proceedings, the
25transcript of testimony, the report of the Board, and the order

 

 

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1of 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
6testimony.
7    (a) The Department may subpoena and bring before it any
8person to take the oral or written testimony or compel the
9production of any books, papers, records, or any other
10documents that the Secretary or his or her designee deems
11relevant or material to any such investigation or hearing
12conducted by the Department with the same fees and in the same
13manner as prescribed in civil cases in the courts of this
14State.
15    (b) Any circuit court, upon the application of the licensee
16or the Department, may order the attendance and testimony of
17witnesses and the production of relevant documents, files,
18records, books, and papers in connection with any hearing or
19investigation. The circuit court may compel obedience to its
20order by proceedings for contempt.
21    (c) The Secretary, the hearing officer, any member of the
22Board, or a certified shorthand court reporter may administer
23oaths at any hearing the Department conducts. Notwithstanding
24any other statute or Department rule to the contrary, all
25requests for testimony, production of documents, or records

 

 

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1shall be in accordance with this Act. Any circuit court, upon
2application of the Department or its designee or of the
3applicant or licensee against whom proceedings pursuant to
4Section 95 of this Act are pending, may enter an order
5requiring the attendance of witnesses and their testimony and
6the production of documents, papers, files, books, and records
7in connection with any hearing or investigation. The court may
8compel 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
13of the hearing, the Board shall present to the Secretary
14Director a written report of its findings and recommendations.
15The report shall contain a finding of whether or not the
16accused person violated this Act or failed to comply with the
17conditions required in this Act. The Board shall specify the
18nature of the violation or failure to comply and shall make its
19recommendations to the Secretary Director.
20    The report of findings and recommendations of the Board
21shall be the basis for the Department's order or refusal or for
22the granting of a license unless the Secretary Director shall
23determine that the Board's report is contrary to the manifest
24weight of the evidence, in which case the Secretary Director
25may issue an order in contravention of the Board's report. The

 

 

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1finding is not admissible in evidence against the person in a
2criminal prosecution brought for the violation of this Act, but
3the hearing and finding are not a bar to a criminal prosecution
4brought 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
9the refusal to issue or renew a license or discipline of a
10licensee, a copy of the Board's report shall be served upon the
11respondent by the Department, either personally or as provided
12in this Act for the service of the notice of hearing. Within 20
13days after service, the respondent may present to the
14Department a motion, in writing and specifying particular
15grounds, for a rehearing. If no motion for rehearing is filed,
16then upon the expiration of the time specified for filing the
17motion, or if a motion for rehearing is denied, then upon the
18denial, the Secretary Director may enter an order in accordance
19with recommendations of the Board, except as provided in
20Section 110 of this Act. If the respondent shall order from the
21reporting service and pay for a transcript of the record within
22the time for filing a motion for rehearing, the 20 day period
23within which the motion may be filed shall commence upon the
24delivery 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
4Secretary believes that substantial justice has not been done
5in the revocation, suspension, or refusal to issue, restore, or
6renew a license, or other discipline of an applicant or
7licensee, the Secretary may order a rehearing by the same or
8other hearing officers Whenever the Director is satisfied that
9substantial justice has not been done in the revocation,
10suspension, or refusal to issue or renew a license, the
11Director 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
16Director shall have the authority to appoint any attorney duly
17licensed to practice law in this State to serve as the hearing
18officer in any action for refusal to issue or renew a license
19or permit or for the discipline of a licensee. The hearing
20officer shall have full authority to conduct the hearing. At
21least one member of the Board shall attend each hearing. The
22hearing officer shall report his or her findings and
23recommendations to the Board and the Secretary Director. The
24Board shall have 60 days after receipt of the report to review

 

 

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1the report of the hearing officer and present its findings of
2fact, conclusions of law, and recommendations to the Secretary
3Director. If the Board fails to present its report within the
460-day period, the Secretary Director shall issue an order
5based on the report of the hearing officer. If the Secretary
6Director determines that the Board's report is contrary to the
7manifest weight of the evidence, he or she may issue an order
8in 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
13order or a certified copy thereof, over the seal of the
14Department and purporting to be signed by the Secretary
15Director, 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)

 

 

SB0153- 37 -LRB097 06454 CEL 46536 b

1    Sec. 135. Restoration of license from discipline suspended
2or revoked license. At any time after the successful completion
3of a term of indefinite probation, suspension, or revocation of
4a license, the Department may restore the license to the
5licensee, upon written recommendation of the Board, unless
6after an investigation and a hearing the Secretary determines
7that restoration is not in the public interest. No person or
8entity whose license, certificate, or authority has been
9revoked as authorized in this Act may apply for restoration of
10that license, certification, or authority until such time as
11provided for in the Civil Administrative Code of Illinois At
12any time after the suspension or revocation of a license, the
13Department may restore it to the accused person upon the
14written recommendation of the Board, unless after an
15investigation and a hearing, the Board determines that
16restoration 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
21Director may temporarily suspend the license of a massage
22therapist without a hearing, simultaneously with the
23institution of proceedings for a hearing provided for in
24Section 95 of this Act, if the Secretary Director finds that
25the evidence in his or her possession indicates that

 

 

SB0153- 38 -LRB097 06454 CEL 46536 b

1continuation in practice would constitute an imminent danger to
2the public. In the event that the Secretary Director
3temporarily suspends the license of a massage therapist without
4a hearing, a hearing by the Board must be held within 30
5calendar 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
10administrative decisions of the Department are subject to
11judicial review under pursuant to the Administrative Review Law
12and its rules. The term "administrative decision" is defined as
13in Section 3-101 of the Code of Civil Procedure.
14    Proceedings for judicial review shall be commenced in the
15circuit court of the county in which the party applying for
16relief resides; but if the party is not a resident of this
17State, the venue shall be in Sangamon County.
18    The Department shall not be required to certify any record
19to the court or file any answer in court or otherwise appear in
20any court in a judicial review proceeding, unless and until
21there is filed in the court, with the complaint, a receipt from
22the Department has received from the plaintiff acknowledging
23payment of the costs of furnishing and certifying the record,
24which costs shall be determined by the Department. Failure on
25the part of the plaintiff to file a receipt in court shall be

 

 

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1grounds 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
7this Act is guilty of a Class A misdemeanor for the first
8offense and a Class 4 felony for the second and any subsequent
9offense.
10    (b) Whoever knowingly practices or offers to practice
11massage therapy in this State without a license for that
12purpose, or whoever knowingly aids, abets, assists, procures,
13advises, employs, or contracts with any unlicensed person to
14practice massage therapy contrary to any rule or provision of
15this Act, shall be guilty of a Class A misdemeanor and, for
16each subsequent conviction, shall be guilty of a Class 4
17felony.
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
22check or other payment to the Department that is returned to
23the Department unpaid by the financial institution upon which
24it is drawn shall pay to the Department, in addition to the

 

 

SB0153- 40 -LRB097 06454 CEL 46536 b

1amount already owed to the Department, a fine of $50. The fines
2imposed by this Section are in addition to any other discipline
3provided under this Act for unlicensed practice or practice on
4a nonrenewed license. The Department shall notify the person
5that payment of fees and fines shall be paid to the Department
6by certified check or money order within 30 calendar days of
7the notification. If, after the expiration of 30 days from the
8date of the notification, the person has failed to submit the
9necessary remittance, the Department shall automatically
10terminate the license or deny the application, without hearing.
11If, after termination or denial, the person seeks a license, he
12or she shall apply to the Department for restoration or
13issuance of the license and pay all fees and fines due to the
14Department. The Department may establish a fee for the
15processing of an application for restoration of a license to
16pay all expenses of processing this application. The Secretary
17Director may waive the fines due under this Section in
18individual cases where the Secretary Director finds that the
19fines 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
25to practice, or holds himself or herself out to practice

 

 

SB0153- 41 -LRB097 06454 CEL 46536 b

1massage therapy or as a massage therapist without being
2licensed under this Act, or any person not licensed under this
3Act who aids, abets, assists, procures, advises, employs, or
4contracts with any unlicensed person to practice massage
5therapy contrary to any rules or provisions of this Act, shall,
6in addition to any other penalty provided by law, pay a civil
7penalty to the Department in an amount not to exceed $10,000
8$5,000 for each violation of this Act offense as determined by
9the Department. The civil penalty shall be assessed by the
10Department after a hearing is held in accordance with the
11provisions set forth in this Act regarding the provision of a
12hearing for the discipline of a licensee.
13    (b) The Department has the authority and power to
14investigate any unlicensed activity.
15    (c) The civil penalty shall be paid within 60 days after
16the effective date of the order imposing the civil penalty. The
17order shall constitute a judgment and may be filed and
18execution had thereon in the same manner as any judgment from
19any court of record.
20    (d) All moneys collected under this Section shall be
21deposited 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
25the Department in the course of an examination or investigation

 

 

SB0153- 42 -LRB097 06454 CEL 46536 b

1of a licensee or applicant, including, but not limited to, any
2complaint against a licensee filed with the Department and
3information collected to investigate any such complaint, shall
4be maintained for the confidential use of the Department and
5shall not be disclosed. The Department may not disclose the
6information to anyone other than law enforcement officials,
7other regulatory agencies that have an appropriate regulatory
8interest as determined by the Secretary, or to a party
9presenting a lawful subpoena to the Department. Information and
10documents disclosed to a federal, State, county, or local law
11enforcement agency shall not be disclosed by the agency for any
12purpose to any other agency or person. A formal complaint filed
13against a licensee by the Department or any order issued by the
14Department against a licensee or applicant shall be a public
15record, except as otherwise prohibited by law.
 
16    (225 ILCS 57/20 rep.)
17    Section 15. The Massage Licensing Act is amended by
18repealing Section 20.
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.

 

 

SB0153- 43 -LRB097 06454 CEL 46536 b

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

 

 

SB0153- 44 -LRB097 06454 CEL 46536 b

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.