SB1651sam001 98TH GENERAL ASSEMBLY

Sen. Iris Y. Martinez

Filed: 3/6/2013

09800SB1651sam001 LRB098 10562 MGM 42358 a

AMENDMENT TO SENATE BILL 1651

AMENDMENT NO. ______. Amend Senate Bill 1651 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Colon Hydrotherapist Licensing Act.

Section 5. Declaration of public policy. The purpose of this Act is to protect and benefit the public by setting standards of qualifications, education, training, and experience for those who seek to practice colon hydrotherapy, to promote high standards of professional performance for those licensed to practice colon hydrotherapy in this State, and to protect the public from unprofessional conduct by persons licensed to practice colon hydrotherapy.

Section 10. Definitions. As used in this Act:

"Address of record" means the designated address recorded by the Department in the applicant's or licensee's application file or license file as maintained by the Department's licensure maintenance unit. It is the duty of the applicant or licensee to inform the Department of any change of address and those changes must be made either through the Department's website or by contacting the Department.

"Approved colon hydrotherapy school" means a program that meets the minimum standards for training and curriculum determined by the Department.

"Board" means the Colon Hydrotherapy Licensing Board appointed by the Secretary.

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

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

"Colon hydrotherapist" means a trained individual who is licensed by the Department and administers colon hydrotherapy for compensation.

"Colonic", "colon irrigation", or "colon hydrotherapy" mean the practice of introducing warm, filtered, and temperature regulated water into the large intestine or colon by permitted establishments and practitioners for the purpose of hydrating the waste and body and softening and loosening fecal waste, resulting in evacuation. "Colonic" or "colon hydrotherapy" may include, but are not limited to, techniques used to stimulate reflex points in the abdomen, hands, and feet. As part of the practice, "colonic" or "colon hydrotherapy" may also include discussion of lifestyle, healthy eating, and exercise. The colon hydrotherapist may provide to the client written aftercare instructions relating to the session. "Colonic" or "colon hydrotherapy" does not include the diagnosis of a specific pathology or treatment for any medical condition. "Colon hydrotherapy" does not include those acts of massage, physical therapy, or therapeutic or corrective measures that are outside the scope of colon hydrotherapy practice as defined in this Section.

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

Section 15. Licensure requirements.

(a) Beginning January 1, 2014, persons engaged in colon hydrotherapy for compensation must be licensed by the Department. The Department shall only issue a license to an individual if the applicant:

(1) has applied in writing on the prescribed forms and has paid the required fees;

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

(3) has met one of the following requirements:

(A) has successfully completed a colon hydrotherapy program approved by the Department that requires 100 hours of course study with no less than 100 hours of classroom instruction, a minimum of 45 hours of anatomy and physiology, and 25 intern sessions (such as the course offered by the International Association for Colon Hydrotherapy), and has passed a competency examination managed by the National Board for Colon Hydrotherapy; or

(B) holds a current license from another jurisdiction having licensure requirements that include the completion of a colon hydrotherapy program of not less than 100 hours.

(b) Each applicant for licensure as a colon hydrotherapist shall have his or her fingerprints submitted to the Department of State Police in an electronic format that complies with the form and manner for requesting and furnishing criminal history record information as prescribed by the Department of State Police. These fingerprints shall be checked against the Department of State Police and Federal Bureau of Investigation criminal history record databases. The Department of State Police shall charge applicants a fee for conducting the criminal history records check, which shall be deposited into the State Police Services Fund and shall not exceed the actual cost of the records check. After the identification of any convictions, the Department of State Police shall furnish records of the convictions to the Department. The Department may require applicants to pay a separate fingerprinting fee, either to the Department or to a vendor. The Department may, in its discretion, allow an applicant who does not have reasonable access to a designated vendor to provide his or her fingerprints in an alternative manner. The Department may adopt any rules necessary to implement this Section.

Section 20. Social Security number on license application.

In addition to any other information required to be contained in the application, every application for an original, renewed, reinstated, or restored license under this Act shall include the applicant's Social Security number.

Section 25. Endorsement. The Department may, in its discretion, license as a colon hydrotherapist, by endorsement, an applicant who is a colon hydrotherapist licensed under the laws of another state or territory, if the requirements for licensure in the state or territory where the applicant was licensed were, at the date of his or her licensure, substantially equivalent to the requirements in force in this State on that date, and if the applicant has paid the required fee to the Department. The Department may adopt any rules necessary to implement this Section.

Applicants have 3 years after the date of application to complete the application process. If the process has not been completed within the 3 years, the application shall be denied, the fee forfeited, and the applicant must reapply and meet the requirements in effect at the time of reapplication.

Section 30. Exemptions.

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

(b) Persons exempted under this Section include, but are not limited to, physicians, chiropractors, and naprapaths.

(c) Nothing in this Act prohibits a student of an approved colon hydrotherapy school or program from performing colon hydrotherapy, provided that the student does not hold himself or herself out as a licensed colon hydrotherapist and does not receive compensation, including tips, for colon hydrotherapy services.

(d) Nothing in this Act applies to licensed colon hydrotherapists from other states or countries when providing educational programs or services for a period not exceeding 30 days within a calendar year.

Section 35. Title protection.

(a) Persons regulated by this Act are designated as colon hydrotherapists. Unless he or she has been issued, by the Department, a valid, existing license under this Act, no person may use the title and designation of "colon hydrotherapist" or the terms "colonic", "colon hydrotherapy", and "colonic irrigation" when advertising or printing promotional material.

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

(c) Anyone not authorized under this Act to use the term "colonic", "colon hydrotherapy", or "colonic irrigation" and who knowingly use these terms when advertising commits a violation of this Act.

Section 40. Display of license. Every licensee shall display his or her license or a copy in a conspicuous place in the licensee's principal place of business or any other location where the licensee provides colon hydrotherapy services.

Section 45. Colon Hydrotherapy Licensing Board.

(a) The Secretary shall appoint a Colon Hydrotherapy Licensing Board which shall serve in an advisory capacity to the Secretary. The Board shall consist of 7 members, 6 of whom shall be colon hydrotherapists with at least 3 years of experience in colon hydrotherapy and one member of the Board shall be a member of the public who is not licensed under this Act or a similar Act in Illinois or another jurisdiction. Membership on the Board shall reasonably reflect the geographic areas of the State. The Board shall meet annually to elect a chairperson and vice-chairperson. The Board shall hold regularly scheduled meetings during the year. A simple majority of the Board shall constitute a quorum at any meeting. Any action taken by the Board must be on the affirmative vote of a simple majority of members. Voting by proxy shall not be permitted. In the case of an emergency where all Board members cannot meet in person, the Board may convene a meeting via an electronic format in accordance with the Open Meetings Act.

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

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

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

(e) The Secretary shall consider the recommendations of the Board on questions involving the standards of professional conduct, discipline, and qualifications of applicants and licensees under this Act. Nothing shall limit the ability of the Board to provide recommendations to the Secretary in regard to any matter affecting the administration of this Act. The Secretary shall give due consideration to all recommendations of the Board.

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

Section 50. Duties of the Department. The Department shall exercise the powers and duties prescribed by the Civil Administrative Code of Illinois for administration of licensing Acts and shall exercise other powers and duties necessary for effectuating the purpose of this Act. The Department shall adopt rules to implement, interpret, or make specific the provisions and purposes of this Act. No rules shall be adopted by the Department until reviewed by the Board.

Section 55. Grounds for discipline.

(a) The Department may refuse to issue or renew, or may revoke, suspend, place on probation, reprimand, or take other disciplinary or non-disciplinary action, as the Department considers appropriate, including the imposition of fines not to exceed $10,000 for each violation, with regard to any license or licensee for any one or more of the following:

(1) violations of this Act or its rules;

(2) conviction by plea of guilty or nolo contendere, finding of guilt, jury verdict, or entry of judgment or by sentencing of any crime, including, but not limited to, convictions, preceding sentences of supervision, conditional discharge, or first offender probation, under the laws of any jurisdiction of the United States that is (i) a felony; or (ii) that is a misdemeanor, an essential element of which is dishonesty, or that is directly related to the practice of the profession;

(3) professional incompetence;

(4) advertising in a false, deceptive, or misleading manner;

(5) aiding, abetting, assisting, procuring, advising, employing, or contracting with any unlicensed person to practice colon hydrotherapy in violation of any rules or provisions of this Act;

(6) engaging in immoral conduct in the commission of any act related to the licensee's practice, including sexual abuse, sexual misconduct, or sexual exploitation;

(7) engaging in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public;

(8) practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities that the licensee knows or has reason to know that he or she is not competent to perform;

(9) knowingly delegating professional responsibilities to a person unqualified by training, experience, or licensure;

(10) failing to provide information in response within 60 days after a written request made by the Department;

(11) habitual or excessive use or abuse of drugs defined in law as controlled substances, alcohol, or any other substances that results in the inability to practice with reasonable judgment, skill, or safety;

(12) having a pattern of practice or other behavior that demonstrates incapacity or incompetence to practice under this Act;

(13) discipline by another state, District of Columbia, territory, or foreign nation, if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth in this Section;

(14) a finding by the Department that the licensee, after having his or her license placed on probationary status, has violated the terms of probation;

(15) willfully making or filing false records or reports in his or her practice, including, but not limited to, false records filed with State agencies or departments;

(16) making a material misstatement in furnishing information to the Department or otherwise making misleading, deceptive, untrue, or fraudulent representations in violation of this Act or otherwise in the practice of the profession;

(17) fraud or misrepresentation in applying for or procuring a license under this Act or in connection with applying for renewal of a license under this Act;

(18) inability to practice the profession with reasonable judgment, skill, or safety as a result of physical illness, including, but not limited to, deterioration through the aging process, loss of motor skill, or a mental illness or disability;

(19) charging for professional services not rendered including filing false statements for the collection of fees for which services are not rendered;

(20) practicing under a false or, except as provided by law, assumed name; or

(21) cheating on or attempting to subvert the licensing examination administered under this Act.

All fines shall be paid within 60 days after the effective date of the order imposing the fine.

(b) A person not licensed under this Act and engaged in the business of offering colon hydrotherapy services through others, shall not aid, abet, assist, procure, advise, employ, or contract with any unlicensed person to practice colon hydrotherapy in violation of any rules or provisions of this Act. A person violating this subsection (b) shall be treated as a licensee for the purposes of disciplinary action under this Section and shall be subject to cease and desist orders as provided in Section 105 of this Act.

(c) The Department shall revoke any license issued under this Act of any person who is convicted of prostitution, rape, sexual misconduct, or any crime that subjects the licensee to compliance with the requirements of the Sex Offender Registration Act and any such conviction shall operate as a permanent bar in this State to practice as a colon hydrotherapist.

(d) The Department may refuse to issue or may suspend the license of any person who fails to file a tax return, to pay the tax, penalty, or interest shown in a filed tax return, or to pay any final assessment of tax, penalty, or interest, as required by any tax Act administered by the Illinois Department of Revenue, until such time as the requirements of the tax Act are satisfied in accordance with subsection (g) of Section 2105-15 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois.

(e) The Department shall deny a license or renewal authorized by this Act to a person who has defaulted on an educational loan or scholarship provided or guaranteed by the Illinois Student Assistance Commission or any governmental agency of this State in accordance with item (5) of subsection (g) of Section 2105-15 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois.

(f) In cases where the Department of Healthcare and Family Services has previously determined that a licensee or a potential licensee is more than 30 days delinquent in the payment of child support and has subsequently certified the delinquency to the Department, the Department may refuse to issue or renew or may revoke or suspend that person's license or may take other disciplinary action against that person based solely upon the certification of delinquency made by the Department of Healthcare and Family Services in accordance with item (5) of subsection (a) of Section 2105-15 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois.

(g) The determination by a circuit court that a licensee is subject to involuntary admission or judicial admission, as provided in the Mental Health and Developmental Disabilities Code, operates as an automatic suspension. The suspension shall end only upon a finding by a court that the patient is no longer subject to involuntary admission or judicial admission and the issuance of a court order so finding and discharging the patient.

(h) In enforcing this Act, the Department or Board, upon a showing of a possible violation, may compel an individual licensed to practice under this Act, or who has applied for licensure under this Act, to submit to a mental or physical examination, or both, as required by and at the expense of the Department. The Department or Board may order the examining physician to present testimony concerning the mental or physical examination of the licensee or applicant. No information shall be excluded by reason of any common law or statutory privilege relating to communications between the licensee or applicant and the examining physician. The examining physicians shall be specifically designated by the Board or Department. The individual to be examined may have, at his or her own expense, another physician of his or her choice present during all aspects of the examination. The examination shall be performed by a physician licensed to practice medicine in all its branches. Failure of an individual to submit to a mental or physical examination, when directed, shall result in an automatic suspension without hearing.

A person holding a license under this Act or who has applied for a license under this Act who, because of a physical or mental illness or disability, including, but not limited to, deterioration through the aging process or loss of motor skill, is unable to practice the profession with reasonable judgment, skill, or safety, may be required by the Department to submit to care, counseling, or treatment by physicians approved or designated by the Department as a condition, term, or restriction for continued, reinstated, or renewed licensure to practice. Submission to care, counseling, or treatment as required by the Department shall not be considered discipline of a licensee. If the licensee refuses to enter into a care, counseling, or treatment agreement or fails to abide by the terms of the agreement, the Department may file a complaint to revoke or suspend the license or otherwise discipline the licensee. The Secretary may order the license suspended immediately, pending a hearing by the Department. Fines shall not be assessed in disciplinary actions involving physical or mental illness or impairment.

When the Secretary immediately suspends a person's license under this Section, a hearing on that person's license shall be convened by the Department within 15 days after the suspension and completed without appreciable delay. The Department and Board shall have the authority to review the subject individual's record of treatment and counseling regarding the impairment to the extent permitted by applicable federal statutes and regulations safeguarding the confidentiality of medical records.

An individual licensed under this Act and affected under this Section shall be afforded an opportunity to demonstrate to the Department or Board that he or she can resume practice in compliance with acceptable and prevailing standards under the provisions of his or her license.

Section 60. Advertising.

(a) It is a Class A misdemeanor for any person, organization, or corporation to advertise colon hydrotherapy services unless the person providing the service holds a valid license under this Act, except for those excluded licensed professionals who are allowed to include colon hydrotherapy in their scope of practice. A colon hydrotherapist may not advertise unless he or she has a current license issued by this State. "Advertise" as used in this subsection includes, but is not limited to, the issuance of any card, sign, or device to any person; the causing, permitting, or allowing of any sign or marking on or in any building, vehicle, or structure; advertising in any newspaper or magazine; any listing or advertising in any directory under a classification or heading that includes the words "colonic", "colon hydrotherapist", or "colon hydrotherapy"; or commercials broadcast by any means.

(b) The colon hydrotherapist shall maintain an absolutely factual and true representation of the colon hydrotherapy procedure and profession in any advertising medium. Advertising under this subsection shall include the license number in any advertisement. It is a Class A misdemeanor for any person, organization, or corporation to advertise or imply that colon hydrotherapy can treat any disease or condition. For the purposes of this subsection, "advertising medium" means any newspaper, airwave or computer transmission, telephone directory listing other than an in-column listing consisting only of a name, address, and telephone number, business card, handbill, flyer, sign other than a building directory listing all building tenants and their room or suite numbers, or other form of written advertising.

Section 65. Home rule. The regulation and licensing of colon hydrotherapy is an exclusive power and function of the State. A home rule unit may not regulate or license colon hydrotherapists. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.

Section 70. Administrative Procedure Act. The Illinois Administrative Procedure Act shall apply to this Act, except the provision of subsection (d) of Section 10-65 of the Illinois Administrative Procedure Act that provides that at hearings the licensee has the right to show compliance with all lawful requirements for retention, continuation, or renewal of the license is specifically excluded. For the purposes of this Act the notice required under Section 10-25 of the Administrative Procedure Act is sufficient when mailed to the party's address of record.

Section 75. Renewal of licenses. The expiration date and renewal period for each license issued under this Act shall be set by rule.

Section 80. Continuing education. The Department shall adopt rules for continuing education for persons licensed under this Act that require the completion of 24 hours of approved continuing education for each license renewal period. The Department shall establish by rule a means for the verification of completion of the continuing education required by this Section. This verification may be accomplished through audits of records maintained by the licensee, by requiring the filing of continuing education certificates with the Department, or by other means established by the Department.

Section 85. Restoration of expired licenses. A colon hydrotherapist who has permitted his or her license to expire or who has had his or her license on inactive status may have his or her license restored by making application to the Department and filing proof acceptable to the Department of his or her fitness to have his or her license restored, including sworn evidence certifying to active practice in another jurisdiction satisfactory to the Department, by paying the required restoration fee, and showing proof of completion of required continuing education. Licensees must provide proof of completion of 24 hours approved continuing education to renew their license.

If the colon hydrotherapist has not maintained an active practice in another jurisdiction satisfactory to the Department, the Board shall determine by an evaluation program established by rule his or her fitness to resume active status and may require the colon hydrotherapist to complete a period of evaluated clinical experience and may require successful completion of an examination.

A colon hydrotherapist whose license has been expired or placed on inactive status for more than 5 years may have his or her license restored by making application to the Department and filing proof acceptable to the Department of his or her fitness to have his or her license restored, including sworn evidence certifying to active practice in another jurisdiction, by paying the required restoration fee, and by showing proof of the completion of 24 hours of continuing education.

However, any registrant whose license has expired while he or she has been engaged in (i) Federal Service on active duty with the United States Army, Navy, Marine Corps, Air Force, Coast Guard, or Public Health Service or the State Militia called into the service or training of the United States of America, or (ii) training or education under the supervision of the United States preliminary to induction into the military service, may have his or her license reinstated or restored without paying any lapsed renewal fees if, within 2 years after honorable termination of such service, training, or education, he or she furnishes to the Department satisfactory evidence to the effect that he or she has been so engaged and that his or her service, training, or education has been so terminated.

Section 90. Inactive licenses. Any colon hydrotherapist who notifies the Department, in writing on forms prescribed by the Department, may elect to place his or her license on inactive status and shall, subject to rules of the Department, be excused from payment of renewal fees until he or she notifies the Department in writing of his or her desire to resume active status.

A colon hydrotherapist requesting restoration from inactive status shall be required to pay the current renewal fee and shall be required to restore his or her license as provided in Section 85 of this Act.

Any colon hydrotherapist whose license is on inactive status shall not practice colon hydrotherapy in the State, and any practice conducted shall be deemed unlicensed practice.

Section 95. Fees. The fees assessed under this Act shall be set by rule.

Section 100. Deposit of fees and fines; appropriations.

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

Section 105. Violations; injunction; cease and desist order.

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

(b) If any person practices as a colon hydrotherapist or holds himself or herself out as a colon hydrotherapist without being licensed under the provisions of this Act, then the Secretary, any colon hydrotherapist, any interested party, or any person injured thereby may petition for relief as provided in subsection (a) of this Section or may apply to the circuit court of the county where the violation or some part thereof occurred, or where the person complained of has his or her principal place of business or resides, to prevent the violation. The court has jurisdiction to enforce obedience by injunction or by other process restricting the person complained of from further violation.

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

Section 110. Investigations; notice and hearing. The Department may investigate the actions of any applicant or of any person or persons rendering or offering to render colon hydrotherapy services or any person holding or claiming to hold a license as a colon hydrotherapist. The Department shall, before refusing to issue or renew a license or to discipline a licensee under Section 55 of this Act, at least 30 days prior to the date set for the hearing, (i) notify the accused in writing of the charges made and the time and place for the hearing on the charges, (ii) direct him or her to file a written answer with the Department under oath within 20 days after the service of the notice, and (iii) inform the applicant or licensee that failure to file an answer will result in a default judgment being entered against the applicant or licensee. At the time and place fixed in the notice, the Department shall proceed to hear the charges and the parties of their counsel shall be accorded ample opportunity to present any pertinent statements, testimony, evidence, and arguments. The Department may continue the hearing from time to time. In case the person, after receiving the notice, fails to file an answer, his or her license may, in the discretion of the Department, be revoked, suspended, or placed on probationary status or the Department may take whatever disciplinary actions considered proper, including limiting the scope, nature, or extent of the person's practice or the imposition of a fine, without a hearing, if the act or acts charged constitute sufficient grounds for that action under this Act. The written notice may be served by personal delivery or by certified mail to the address of record of the accused.

Section 115. Stenographer; transcript. The Department shall, at its own expense, preserve a record of all proceedings at the formal hearing of any case. Any notice, all documents in the nature of pleadings, written motions filed, the transcripts of testimony, reports of the Board and hearing officer, and orders of the Department shall be in the record of the proceeding.

Section 120. Subpoenas; depositions; oaths.

(a) The Department may subpoena and bring before it any person to take the oral or written testimony or compel the production of any books, papers, records, or any other documents that the Secretary or his or her designee deems relevant or material to any such investigation or hearing conducted by the Department with the same fees and in the same manner as prescribed in civil cases in the courts of this State.

(b) Any circuit court, upon the application of the licensee or the Department, may order the attendance and testimony of witnesses and the production of relevant documents, files, records, books, and papers in connection with any hearing or investigation. The circuit court may compel obedience to its order by proceedings for contempt.

(c) The Secretary, the hearing officer, any member of the Board, or a certified shorthand court reporter may administer oaths at any hearing the Department conducts. Notwithstanding any other statute or Department rule to the contrary, all requests for testimony, production of documents, or records shall be in accordance with this Act.

Section 125. Findings and recommendations. At the conclusion of the hearing, the Board shall present to the Secretary a written report of its findings and recommendations. The report shall contain a finding of whether or not the accused person violated this Act or failed to comply with the conditions required in this Act. The Board shall specify the nature of the violation or failure to comply and shall make its recommendations to the Secretary.

The report of findings and recommendations of the Board shall be the basis for the Department's order or refusal or for the granting of a license unless the Secretary shall determine that the Board's report is contrary to the manifest weight of the evidence, in which case the Secretary may issue an order contrary to the Board's report. The finding is not admissible in evidence against the person in a criminal prosecution brought for the violation of this Act, but the hearing and finding are not a bar to a criminal prosecution brought for the violation of this Act.

Section 130. Board; rehearing. In any case involving discipline of a licensee or the refusal to issue or renew a license, a copy of the Board's report shall be served upon the respondent by the Department, either personally or as provided in this Act for the service of the notice of hearing. Within 20 days after service, the respondent may present to the Department a motion for a rehearing in writing and specifying particular grounds. If no motion for rehearing is filed, then upon the expiration of the time specified for filing the motion, or if a motion for rehearing is denied, then upon the denial, the Secretary may enter an order in accordance with recommendations of the Board, except as provided in Section 125 of this Act. If the respondent shall order from the reporting service and pay for a transcript of the record within the time for filing a motion for rehearing, the 20 day period for filing the motion shall start upon the delivery of the transcript to the respondent.

Section 135. Secretary; rehearing. Whenever the Secretary is not satisfied that substantial justice has been done in the revocation, suspension, or refusal to issue, restore, or renew a license, or other discipline of an applicant or licensee, the Secretary may order a rehearing by the same or other hearing officers.

Section 140. Appointment of a hearing officer. The Secretary shall have the authority to appoint any attorney duly licensed to practice law in this State to serve as the hearing officer in any action for refusal to issue or renew a license or permit or for the discipline of a licensee. The hearing officer shall have full authority to conduct the hearing. The hearing officer shall report his or her findings and recommendations to the Board and the Secretary. The Board shall have 60 days after receipt of the report to review the report of the hearing officer and present its findings of fact, conclusions of law, and recommendations to the Secretary. If the Board fails to present its report within the 60-day period, the Secretary shall issue an order based on the report of the hearing officer. If the Secretary determines that the Board's report is contrary to the manifest weight of the evidence, he or she may issue an order contrary to the Board's report.

Section 145. Order or certified copy; prima facie proof.

An order or a certified copy of the order, over the seal of the Department and purporting to be signed by the Secretary, shall be prima facie proof that:

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

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

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

Section 150. Restoration of license from discipline. At any time after the successful completion of a term of indefinite probation, suspension, or revocation of a license, the Department may restore the license to the licensee upon written recommendation of the Board, unless after an investigation and a hearing the Secretary determines that restoration is not in the public interest. No person or entity whose license, certificate, or authority has been revoked under this Act may apply for restoration of that license, certification, or authority until such time as provided for in the Civil Administrative Code of Illinois.

Section 155. Surrender of license. Upon the revocation or suspension of any license, the licensee shall surrender the license to the Department and, if the licensee fails to do so, the Department shall have the right to seize the license.

Section 160. Temporary suspension of a license. The Secretary may temporarily suspend the license of a colon hydrotherapist without a hearing, simultaneously with the institution of proceedings for a hearing provided for in Section 110 of this Act, if the Secretary finds that the evidence in his or her possession indicates that continuation in practice would constitute an imminent danger to the public. In the event that the Secretary temporarily suspends the license of a colon hydrotherapist without a hearing, a hearing by the Board must be held within 30 calendar days after the suspension has occurred.

Section 165. Administrative review; venue. All final administrative decisions of the Department are subject to judicial review under the Administrative Review Law and its rules. For the purposes of this Act, the term "administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure.

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

The Department shall not be required to certify any record to the court or file any answer in court or otherwise appear in any court in a judicial review proceeding, unless and until the Department has received from the plaintiff payment of the costs of furnishing and certifying the record, which costs shall be determined by the Department. Failure on the part of the plaintiff to file a receipt in court shall be grounds for dismissal of the action.

Section 170. Violations.

(a) A person who is found to have violated any provision of this Act is guilty of a Class A misdemeanor.

(b) Whoever knowingly practices or offers to practice colon hydrotherapy in this State without a license, or knowingly aids, abets, assists, procures, advises, employs, or contracts with any unlicensed person to practice colon hydrotherapy contrary to any rule or provision of this Act, shall be guilty of a Class A misdemeanor.

Section 175. Returned checks; fines. Any person who delivers a check or other payment to the Department that is returned to the Department unpaid by the financial institution upon which it is drawn shall pay to the Department, in addition to the amount already owed to the Department, a fine of $50. The fines imposed by this Section are in addition to any other discipline provided under this Act for unlicensed practice or practice on a non-renewed license. The Department shall notify the person that payment of fees and fines shall be paid to the Department by certified check or money order within 30 calendar days after receipt of the notification. If after the expiration of 30 days after the date of the notification, the person has failed to submit the fee, the Department shall automatically terminate the license or deny the application without hearing. If, after termination or denial, the person seeks a license, he or she shall apply to the Department for restoration or issuance of the license and pay all fees and fines owed to the Department. The Department may establish a fee for the processing of an application for restoration of a license to pay all expenses of processing this application. The Secretary may waive the fines due under this Section in individual cases where the Secretary finds that the fines would be unreasonable or unnecessarily burdensome.

Section 180. Unlicensed practice; violation; civil penalty.

(a) Any person who practices, offers to practice, attempts to practice, or holds himself or herself out to practice colon hydrotherapy or as a colon hydrotherapist without being licensed under this Act, or any person not licensed under this Act who aids, abets, assists, procures, advises, employs, or contracts with any unlicensed person to practice colon hydrotherapy contrary to any rules or provisions of this Act, shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $10,000 for each violation of this Act as determined by the Department. The civil penalty shall be assessed by the Department after a hearing is held in accordance with the provisions set forth in this Act regarding the provision of a hearing for the discipline of a licensee.

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

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

(d) All moneys collected under this Section shall be deposited into the General Professions Dedicated Fund.

Section 185. Confidentiality. All information collected by the Department in the course of an examination or investigation of a licensee or applicant, including, but not limited to, any complaint against a licensee filed with the Department and information collected to investigate any such complaint, shall be maintained for the confidential use of the Department and shall not be disclosed. The Department may not disclose the information to anyone other than law enforcement officials, regulatory agencies that have an appropriate regulatory interest as determined by the Secretary, or a party presenting a lawful subpoena to the Department. Information and documents disclosed to a federal, State, county, or local law enforcement agency shall not be disclosed by the agency for any purpose to any other agency or person. A formal complaint filed against a licensee by the Department or any order issued by the Department against a licensee or applicant shall be a public record, except as otherwise prohibited by law.

Section 190. Severability. If any provision of this Act or the application of any provision of this Act to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and for this purpose the provisions of this Act are severable.

Section 200. The Regulatory Sunset Act is amended by adding Section 4.34 as follows:

(5 ILCS 80/4.34 new)

Sec. 4.34. Act repealed on January 1, 2024. The following Act is repealed on January 1, 2024:

The Colon Hydrotherapist Licensing Act.

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