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92nd General Assembly

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Public Act 92-0860

HB2271 Re-Enrolled                             LRB9205123LBgc

    AN ACT concerning the regulation of professions.

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

    Section  1.   Short  title.  This Act may be cited as the
Massage Licensing Act.

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

    Section 10.  Definitions.   As used in this Act:
    "Approved massage school" means a  facility  which  meets
minimum  standards  for training and curriculum as determined
by the Department.
    "Board" means the Massage Therapy Board appointed by  the
Director.
    "Compensation"   means   the   payment,   loan,  advance,
donation, contribution, deposit, or gift of money or anything
of value.
    "Department"  means  the   Department   of   Professional
Regulation.
    "Director" means the Director of Professional Regulation.
    "Massage"   or   "massage  therapy"  means  a  system  of
structured palpation or movement of the soft  tissue  of  the
body.   The  system  may  include,  but  is  not  limited to,
techniques  such  as  effleurage  or  stroking  and  gliding,
petrissage or kneading, tapotement or  percussion,  friction,
vibration,  compression,  and  stretching  activities as they
pertain to massage therapy.  These techniques may be  applied
by  a  licensed  massage therapist with or without the aid of
lubricants,  salt  or  herbal   preparations,   hydromassage,
thermal  massage, or a massage device that mimics or enhances
the actions possible by  human  hands.  The  purpose  of  the
practice  of  massage,  as  licensed  under  this  Act, is to
enhance the general health and well-being  of  the  mind  and
body  of  the  recipient.  "Massage"  does  not  include  the
diagnosis of a specific pathology. "Massage" does not include
those  acts  of physical therapy or therapeutic or corrective
measures that  are  outside  the  scope  of  massage  therapy
practice as defined in this Section.
    "Massage therapist" means a person who is licensed by the
Department and administers massage for compensation.
    "Professional  massage  or  bodywork therapy association"
means a state or nationally chartered  organization  that  is
devoted to the massage specialty and therapeutic approach and
meets the following requirements:
         (1)  The organization requires that its members meet
    minimum   educational   requirements.   The   educational
    requirements  must  include anatomy, physiology, hygiene,
    sanitation, ethics, technical theory, and application  of
    techniques.
         (2)  The  organization  has  an  established code of
    ethics  and  has  procedures  for  the   suspension   and
    revocation of membership of persons violating the code of
    ethics.

    Section 15.  Licensure requirements. Beginning January 1,
2004,  persons  engaged  in  massage for compensation must be
licensed by the Department.  The  Department  shall  issue  a
license  to  an  individual  who  meets  all of the following
requirements:
         (1)  The applicant has applied  in  writing  on  the
    prescribed forms and has paid the required fees.
         (2)  The  applicant  is at least 18 years of age and
    of good moral  character.    In  determining  good  moral
    character,  the  Department  may  take into consideration
    conviction of any crime under  the  laws  of  the  United
    States or any state or territory thereof that is a felony
    or a misdemeanor or any crime that is directly related to
    the  practice  of the profession. Such 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.
         (3)  The applicant has  met  one  of  the  following
    requirements:
              (A)  has  successfully completed the curriculum
         or  curriculums  of  one  or  more  massage  therapy
         schools approved by the Department  that  require  a
         minimum  of  500  hours  and has passed a competency
         examination approved by the Department;
              (B)  holds  a  current  license  from   another
         jurisdiction having licensure requirements that meet
         or exceed those defined within this Act; or
              (C)  has  moved to Illinois from a jurisdiction
         with  no  licensure  requirement  and  has  provided
         documentation that he or she has successfully passed
         the  National  Certification  Board  of  Therapeutic
         Massage  and  Bodywork's  examination   or   another
         massage therapist certifying examination approved by
         the Department and maintains current certification.
    Section 20.  Grandfathering provision.
    (a)  For a period of one year after the effective date of
the  rules adopted under this Act, the Department may issue a
license to an individual who,  in  addition  to  meeting  the
requirements  set  forth in paragraphs (1) and (2) of Section
15, produces proof that he or she has met at least one of the
following requirements before the effective date of this Act:
         (1) has been an active member, for a  period  of  at
    least one year prior to the application for licensure, of
    a  national  professional  massage  therapy  organization
    established   prior   to  the  year  2000,  which  offers
    professional liability insurance and a code of ethics;
         (2) has passed the National  Certification  Exam  of
    Therapeutic  Massage and Bodywork and has kept his or her
    certification current;
         (3) has practiced massage therapy an average  of  at
    least 10 hours per week for at least 10 years; or
         (4)  has  practiced massage therapy an average of at
    least 10 hours per week for at least one  year  prior  to
    the  effective  date  of  this  Act  and has completed at
    least 100 hours of formal training in massage therapy.
    (b) An applicant who can show proof of having engaged  in
the  practice  of  massage  therapy for at least 10 hours per
week for a minimum of one year prior to the effective date of
this Act and has less than 100 hours of  formal  training  or
has  been practicing for less than one year with 100 hours of
formal training must complete at least 100  additional  hours
of formal training consisting of at least 25 hours in anatomy
and physiology by January 1, 2004.
    (c)  An  applicant who has training from another state or
country may qualify for a license  under  subsection  (a)  by
showing  proof  of  meeting the requirements of that state or
country  and  demonstrating  that  those   requirements   are
substantially the same as the requirements in this Section.
    (d) For purposes of this Section, "formal training" means
a  massage  therapy curriculum approved by the Illinois State
Board of Education or the Illinois Board of Higher  Education
or  course  work  provided  by  continuing education sponsors
approved by the Department.

    Section 25.  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, podiatrists, naprapaths,  and
physical therapists.
    (c)  Nothing  in  this Act prohibits qualified members of
other professional  groups,  including  but  not  limited  to
nurses,    occupational   therapists,   cosmetologists,   and
estheticians, from performing massage in a manner  consistent
with   their  training  and  the  code  of  ethics  of  their
respective professions.
    (d)  Nothing in  this  Act  prohibits  a  student  of  an
approved  massage  school or program from performing massage,
provided that the student does not hold  himself  or  herself
out as a licensed massage therapist and does not charge a fee
for massage therapy services.
    (e)  Nothing  in this Act prohibits practitioners that do
not involve intentional soft tissue  manipulation,  including
but  not  limited to Alexander Technique, Feldenkrais, Reike,
and Therapeutic Touch, from practicing.
    (f)  Practitioners of  certain  service  marked  bodywork
approaches   that   do   involve   intentional   soft  tissue
manipulation, including but not limited  to  Rolfing,  Trager
Approach, Polarity Therapy, and Orthobionomy, are exempt from
this  Act  if they are approved by their governing body based
on a minimum level of training, demonstration of  competency,

and adherence to ethical standards.
    (g)  Practitioners   of  Asian  bodywork  approaches  are
exempt from this Act if they  are  members  of  the  American
Organization  of  Bodywork  Therapies  of  Asia  as certified
practitioners or if they are approved by  an  Asian  bodywork
organization   based   on   a   minimum  level  of  training,
demonstration  of  competency,  and  adherence   to   ethical
standards set by their governing body.
    (h)  Practitioners   of   other  forms  of  bodywork  who
restrict manipulation of soft tissue to the feet, hands,  and
ears,  and  who  do  not  have  the  client  disrobe, such as
reflexology, are exempt from this Act.
    (i)  Nothing in this Act applies  to  massage  therapists
from  other  states  or  countries when providing educational
programs or services for  a  period  not  exceeding  30  days
within a calendar year.
    (j)  Nothing in this Act prohibits a person from treating
ailments   by   spiritual   means  through  prayer  alone  in
accordance with the tenets  and  practices  of  a  recognized
church or religious denomination.

    Section 30.  Title protection.
    (a)  Persons  regulated  by  this  Act  are designated as
massage therapists and therefore are exclusively entitled  to
utilize  the terms "massage", "massage therapy", and "massage
therapist" 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 the definitions of this
Act, to utilize the term  "massage",  "massage  therapy",  or
"massage  therapist"  and  who knowingly utilizes these terms
when advertising commits a violation of this Act.

    Section 35. Massage Licensing Board.
    (a)  The  Director  shall  appoint  a  Massage  Licensing
Board, which shall serve  in  an  advisory  capacity  to  the
Director.   The  Board  shall consist of 7 members, of whom 6
shall  be  massage  therapists  with  at  least  3  years  of
experience in massage. One of the massage  therapist  members
shall  represent  a  massage  therapy school from the private
sector  and  one  of  the  massage  therapist  members  shall
represent a massage therapy school from  the  public  sector.
One  member  of the Board shall be a member of the public who
is not licensed under this Act or a similar Act  in  Illinois
or  another  jurisdiction.  Membership  on  the  Board  shall
reasonably reflect the various massage therapy and non-exempt
bodywork   organizations.   Membership  on  the  Board  shall
reasonably reflect the geographic areas of the State.
    (b)  Members shall be appointed to a 3-year term,  except
that  initial  appointees  shall serve the following terms: 2
members including the non-voting member shall serve  for  one
year,  2 members shall serve for 2 years, and 3 members shall
serve for 3 years.  A member whose  term  has  expired  shall
continue  to  serve  until his or her successor is appointed.
No member shall be reappointed to the Board for a  term  that
would  cause  his  or  her continuous service on the Board to
exceed 9 years.  Appointments to fill vacancies shall be made
in the same manner  as  the  original  appointments  for  the
unexpired portion of the vacated term.
    (c)  The  members  of  the  Board are entitled to receive
compensation  for  all  legitimate  and  necessary   expenses
incurred while attending Board and Department meetings.
    (d)  Members  of  the  Board shall be immune from suit in
any action based upon any disciplinary proceedings  or  other
activities performed in good faith as members of the Board.
    (e)  The  Director  shall consider the recommendations of
the  Board  on   questions   involving   the   standards   of
professional   conduct,  discipline,  and  qualifications  of
candidates and licensees under this Act.  Nothing shall limit
the ability of the Board to provide  recommendations  to  the
Director in regard to any matter affecting the administration
of  this  Act.   The Director shall give due consideration to
all recommendations of  the  Board.  If  the  Director  takes
action  contrary  to  a  recommendation  of  the  Board,  the
Director shall provide a written explanation of that action.
    (f)  The  Director  may  terminate the appointment of any
member for cause  which,  in  the  opinion  of  the  Director
reasonably  justifies  termination, which may include, but is
not limited  to,  a  Board  member  who  does  not  attend  2
consecutive meetings.

    Section  40.   Duties  of  the  Department.   Subject  to
provisions of this Act, the Department shall:
         (1)  Formulate rules required for the administration
    of  this  Act.   Notice  of proposed rule making shall be
    transmitted to the Board and the Department shall  review
    the  Board's response and any recommendations made in the
    response.
         (2)  Determine the qualifications  of  an  applicant
    for licensure by endorsement.
         (3)  Conduct  hearings  or  proceedings to refuse to
    issue or renew or to revoke  a  license  or  to  suspend,
    place  on probation, reprimand, or otherwise discipline a
    person licensed under this Act.
         (4)  Solicit the advice and expert knowledge of  the
    Board  on  any  matter relating to the administration and
    enforcement of this Act.
         (5)  Maintain a roster of the names and addresses of
    all licensees and all persons whose  licenses  have  been
    suspended,  revoked,  or  denied renewal for cause within
    the  previous  calendar  year.   The  roster   shall   be
    available   upon  written  request  and  payment  of  the
    required fee.

    Section 45.  Grounds for discipline.
    (a)  The Department may refuse to issue or renew, or  may
revoke, suspend, place on probation, reprimand, or take other
disciplinary action, as the Department considers appropriate,
including  the  imposition  of fines not to exceed $1,000 for
each violation, with regard to any license  or  licensee  for
any one or more of the following:
         (1)  being  convicted of any crime under the laws of
    the United States or any state or territory thereof  that
    is  a  felony  or  a misdemeanor, an essential element of
    which is dishonesty, or any that is directly  related  to
    the  practice  of  massage.   Conviction, as used in this
    paragraph, shall include a finding or verdict of  guilty,
    an admission of guilt, or a plea of nolo contendere;
         (2)  advertising   in   a   false,   deceptive,   or
    misleading manner;
         (3)  aiding,  assisting,  procuring, or advising any
    unlicensed person to practice  massage  contrary  to  any
    rules or provisions of this Act;
         (4)  engaging  in  immoral conduct in the commission
    of any act, such as sexual abuse, sexual  misconduct,  or
    sexual exploitation, related to the licensee's practice;
         (5)  engaging   in   dishonorable,   unethical,   or
    unprofessional  conduct of a character likely to deceive,
    defraud, or harm the public;
         (6)  practicing or offering to practice  beyond  the
    scope  permitted  by  law  or  accepting  and  performing
    professional responsibilities which the licensee knows or
    has  reason  to  know  that he or she is not competent to
    perform;
         (7)  knowingly        delegating        professional
    responsibilities to a  person  unqualified  by  training,
    experience, or licensure to perform;
         (8)  failing to provide information in response to a
    written request made by the Department within 60 days;
         (9)  having  a  habitual  or  excessive  use  of  or
    addiction to alcohol, narcotics, stimulants, or any other
    chemical  agent or drug which results in the inability to
    practice with reasonable judgment, skill, or safety;
         (10)  having a pattern of practice or other behavior
    that demonstrates incapacity or incompetence to  practice
    under this Act;
         (11)  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;
         (12)  making  any  misrepresentation for the purpose
    of obtaining a license; or
         (13)  having a physical illness, including  but  not
    limited  to  deterioration  through  the aging process or
    loss of motor skills, that results in  the  inability  to
    practice  the profession with reasonable judgment, skill,
    or safety.
    (b)  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.
    (c)  The determination by a circuit court that a licensee
is subject to involuntary admission or judicial admission, as
provided in the Mental Health and Developmental  Disabilities
Code,  operates  as  an automatic suspension.  The suspension
will end only upon (i) 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  and (ii) the recommendation of the
Board to the Director that the licensee be allowed to  resume
his or her practice.
    (d)  In  enforcing  this Section, the Department or Board
upon  a  showing  of  a  possible  violation  may  compel  an
individual licensed to practice under this Act,  or  who  has
applied  for  licensure under this Act, to submit to a mental
or physical examination, or both, as required by and  at  the
expense  of the Department. The Department or Board may order
the examining physician to present testimony  concerning  the
mental  or physical examination of the licensee or applicant.
No information shall be excluded by reason of any common  law
or statutory privilege relating to communications between the
licensee  or  applicant  and  the  examining  physician.  The
examining  physicians shall be specifically designated by the
Board or Department. The individual to be examined may  have,
at  his  or  her own expense, another physician of his or her
choice present during all aspects of this  examination.   The
examination  shall  be  performed  by a physician licensed to
practice  medicine  in  all  its  branches.   Failure  of  an
individual to submit to a  mental  or  physical  examination,
when  directed, shall be grounds for suspension of his or her
license until the individual submits to  the  examination  if
the  Department  finds,  after  notice  and hearing, that the
refusal to submit to the examination was  without  reasonable
cause.
    If  the Department or Board finds an individual unable to
practice because of the reasons set forth  in  this  Section,
the Department or Board may require that individual to submit
to  care,  counseling, or treatment by physicians approved or
designated by the Department or Board, as a condition,  term,
or   restriction   for   continued,  reinstated,  or  renewed
licensure to practice; or, in lieu of  care,  counseling,  or
treatment,   the  Department  may  file,  or  the  Board  may
recommend  to  the  Department  to  file,  a   complaint   to
immediately  suspend,  revoke,  or  otherwise  discipline the
license of the individual. An individual  whose  license  was
granted,   continued,  reinstated,  renewed,  disciplined  or
supervised   subject   to   such   terms,   conditions,    or
restrictions,  and  who  fails  to  comply  with  such terms,
conditions,  or  restrictions,  shall  be  referred  to   the
Director  for  a  determination  as to whether the individual
shall have his or her license suspended immediately,  pending
a hearing by the Department.
    In instances in which the Director immediately suspends a
person's  license  under  this  Section,  a  hearing  on that
person's license must be convened by the Department within 15
days after the suspension and completed  without  appreciable
delay.  The  Department and Board shall have the authority to
review the  subject  individual's  record  of  treatment  and
counseling  regarding  the impairment to the extent permitted
by applicable federal statutes and  regulations  safeguarding
the confidentiality of medical records.
    An  individual licensed under this Act and affected under
this Section shall be afforded an opportunity to  demonstrate
to the Department or Board that he or she can resume practice
in  compliance with acceptable and prevailing standards under
the provisions of his or her license.

    Section 50. Advertising.  It is  a  misdemeanor  for  any
person,  organization,  or  corporation  to advertise massage
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 massage  in
their   scope  of  practice.  A  massage  therapist  may  not
advertise unless he or she has a current  license  issued  by
this  State.   "Advertise"  as used in this Section 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 "massage",
"massage  therapist",  "therapeutic  massage",  or   "massage
therapeutic"; or commercials broadcast by any means.

    Section 55. Exclusive jurisdiction.  Beginning January 1,
2004,  the  regulation and licensing of massage therapy is an
exclusive power and function of the State.  Beginning January
1, 2004, a home rule unit may not regulate or license massage
therapists.  This Section is a denial and limitation of  home
rule  powers  and functions under subsection (h) of Section 6
of Article VII of the Illinois Constitution.

    Section 60. Administrative Procedure  Act.  The  Illinois
Administrative  Procedure Act is hereby expressly adopted and
incorporated herein as if all of the provisions of  that  Act
were  included  in  this  Act,  except  that the 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 deemed sufficient when mailed
to the last known address of a party.
    Section 65.  Renewal of licenses.   The  expiration  date
and  renewal  period  for  each license issued under this Act
shall be set by rule.

    Section 67.  Continuing education.  The Department  shall
adopt  rules  for  continuing  education for persons licensed
under this Act that require  a  completion  of  24  hours  of
approved  continuing  education  per  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 70.  Restoration of expired licenses.  A  massage
therapist  who  has permitted his or her license to expire or
who has had his or her license on inactive  status  may  have
his  or  her  license  restored  by making application to the
Department and filing proof acceptable to the  Department  of
his  or  her  fitness  to  have  his or her license restored,
including sworn evidence certifying  to  active  practice  in
another  jurisdiction  satisfactory to the Department, and 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  massage  therapist  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  massage therapist  to
complete a period of evaluated clinical  experience  and  may
require successful completion of an examination.
    A  massage  therapist  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, a massage therapist  whose license  has  expired
while  he or she has been engaged (i) in active duty with the
Army of the United States, the United States Navy, the Marine
Corps, the Air Force, the Coast Guard, or the  State  Militia
called  into  the service or training of the United States of
America,  or  (ii)  in  training  or  education   under   the
supervision  of  the  United  States preliminary to induction
into the military  service,  may  have  his  or  her  license
restored   without   paying   any   lapsed  renewal  fees  or
restoration fee if, within 2 years after termination  of  the
service,  training,  or education, other than by dishonorable
discharge,  he  or  she  furnishes  the  Department  with  an
affidavit to the effect that he or she has  been  so  engaged
and  that his or her service, training, or education has been
terminated.

    Section 75.  Inactive licenses.   Any  massage  therapist
who notifies the Department in writing on forms prescribed by
the  Department  may  elect  to  place  his or her license on
inactive  status  and  shall,  subject  to   rules   of   the
Department,  be excused from payment of renewal fees until he
or she notifies the Department  in  writing  of  his  or  her
desire to resume active status.
    A  massage therapist requesting restoration from inactive
status shall be required to pay the current renewal  fee  and
shall  be  required to restore his or her license as provided
in Section 70 of this Act.
    Any massage therapist whose license is on inactive status
shall not practice massage therapy  in  the  State,  and  any
practice conducted shall be deemed unlicensed practice.

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

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

    Section 90.  Violations; injunction;   cease  and  desist
order.
    (a)  If  any person violates a provision of this Act, the
Director may, in the name of  the  People  of  the  State  of
Illinois,  through  the  Attorney  General  of  the  State of
Illinois or the State's Attorney in the county in  which  the
offense occurs, petition for an order enjoining the violation
or for an order enforcing compliance with this Act.  Upon the
filing of a verified petition in court, the court may issue a
temporary  restraining order, without notice or bond, and may
preliminarily and permanently enjoin the violation. If it  is
established  that the person has violated or is violating the
injunction, the court may punish the offender for contempt of
court.  Proceedings under this Section shall be  in  addition
to,  and  not  in  lieu  of, all other remedies and penalties
provided by this Act.
    (b)  If, after January 1, 2004, any person practices as a
massage therapist or  holds  himself  or  herself  out  as  a
massage therapist without being licensed under the provisions
of   this  Act,  then  the  Director,  any  licensed  massage
therapist,  any  interested  party,  or  any  person  injured
thereby may  petition for relief as  provided  in  subsection
(a)  of this Section or may apply to the circuit court of the
county in which the violation or some part thereof  occurred,
or in which the person complained of has his or her principal
place  of  business or resides, to prevent the violation. The
court has jurisdiction to enforce obedience by injunction  or
by  other  process  restricting the person complained of from
further violation and enjoining upon him or her obedience.
    (c)  Whenever, in the opinion of the Department, a person
violates any provision of this Act, the Department may  issue
a  rule to show cause why an order to cease and desist should
not be entered against him.  The rule shall clearly set forth
the grounds relied upon by the Department and shall provide a
period of 7 days from the date of the rule to file an  answer
to  the satisfaction of the Department.  Failure to answer to
the satisfaction of the Department shall cause  an  order  to
cease and desist to be issued immediately.

    Section  95.  Investigations;  notice  and hearing.   The
Department may investigate the actions of any applicant or of
any person holding  or  claiming  to  hold  a  license.   The
Department shall, before refusing to issue or renew a license
or  to  discipline  a licensee pursuant to Section 45, notify
the applicant or holder of a license in writing, at least  30
days  prior to the date set for the hearing, of the nature of
the charges and that a hearing  will  be  held  on  the  date
designated.    The  notice  shall  direct  the  applicant  or
licensee to file a written answer to  the  Board  under  oath
within  20  days  after  the service of the notice, and shall
inform the applicant or licensee  that  failure  to  file  an
answer  will  result  in  a  default  judgment  being entered
against the applicant or licensee.  A  default  judgment  may
result  in the license being suspended, revoked, or placed on
probationary status, or  other  disciplinary  action  may  be
taken,  including  limiting  the  scope, nature, or extent of
practice, as the Director may deem proper. Written notice may
be served by personal delivery  or  certified  or  registered
mail  to  the  respondent  at  the address of his or her last
notification to the Department. In case the person  fails  to
file  an answer after receiving notice, his or her license or
certificate may, in the  discretion  of  the  Department,  be
suspended,  revoked, or placed on probationary status and the
Department may take whatever  disciplinary  action  it  deems
proper,  including  limiting  the scope, nature, or extent of
the person's practice or the imposition of a fine, without  a
hearing,  if  the  act  or acts charged constitute sufficient
grounds for that action under this Act. At the time and place
fixed in the notice, the Board  shall  proceed  to  hear  the
charges  and  the  parties or their counsel shall be accorded
ample opportunity to present statements, testimony,  evidence
and  argument  that may be pertinent to the charges or to the
licensee's defense.  The Board may continue  a  hearing  from
time to time.

    Section  100.  Stenographer; transcript.  The Department,
at its expense, shall preserve a record of all proceedings at
the formal hearing of any case involving the refusal to issue
or renew a license or the discipline  of  a  licensee.    The
notice  of  hearing, complaint and all other documents in the
nature  of  pleadings  and  written  motions  filed  in   the
proceedings,  the  transcript of testimony, the report of the
Board, and the order of the Department shall be the record of
the proceeding.
    Section 105.  Compelling testimony.  Any  circuit  court,
upon  application of the Department or its designee or of the
applicant or licensee against whom  proceedings  pursuant  to
Section  95  of  this  Act  are  pending,  may enter an order
requiring the attendance of witnesses and their testimony and
the  production  of  documents,  papers,  files,  books,  and
records in connection with any hearing or investigation.  The
court may compel obedience to its order  by  proceedings  for
contempt.

    Section  110.   Findings  and  recommendations.   At  the
conclusion  of  the  hearing,  the Board shall present to the
Director   a   written   report   of   its    findings    and
recommendations.   The  report  shall  contain  a  finding of
whether or not the accused person violated this Act or failed
to comply with the conditions  required  in  this  Act.   The
Board shall specify the nature of the violation or failure to
comply and shall make its recommendations to the Director.
    The  report  of findings and recommendations of the Board
shall be the basis for the Department's order or  refusal  or
for  the  granting  of  a  license  unless the Director shall
determine that the Board's report is contrary to the manifest
weight of the evidence, in which case the Director may  issue
an order in contravention of the Board's report.  The finding
is  not  admissible  in  evidence  against  the  person  in a
criminal prosecution brought for the violation of  this  Act,
but  the  hearing  and  finding  are  not a bar to a criminal
prosecution brought for the violation of this Act.

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

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

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

    Section 130.  Order or certified copy; prima facie proof.
An  order  or  a certified copy thereof, over the seal of the
Department and purporting to be signed by the Director, shall
be prima facie proof that:
         (1)  the signature is the genuine signature  of  the
    Director;
         (2)  the  Director  is duly appointed and qualified;
    and
         (3)  the Board and the  members  of  the  Board  are
    qualified to act.

    Section   135.    Restoration  of  suspended  or  revoked
license.  At any time after the suspension or revocation of a
license, the Department may restore it to the accused  person
upon the written recommendation of the Board, unless after an
investigation  and  a  hearing,  the  Board  determines  that
restoration is not in the public interest.

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

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

    Section 150.  Administrative review;  venue.   All  final
administrative  decisions  of  the  Department are subject to
judicial review pursuant to the Administrative Review Law and
its rules.  The term "administrative decision" is defined  as
in Section 3-101 of the Code of Civil Procedure.
    Proceedings for judicial review shall be commenced in the
circuit  court  of the county in which the party applying for
relief resides; but if the party is not a  resident  of  this
State, the venue shall be in Sangamon County.
    The  Department  shall  not  be  required  to certify any
record to the court or file any answer in court or  otherwise
appear  in  any court in a judicial review proceeding, unless
there is filed in the court, with the  complaint,  a  receipt
from  the  Department  acknowledging  payment of the costs of
furnishing and certifying the record.  Failure on the part of
the plaintiff to file a receipt in court shall be grounds for
dismissal of the action.

    Section 155.  Violations. A person who is found  to  have
violated  any  provision  of  this Act is guilty of a Class A
misdemeanor for the first offense and a Class  4  felony  for
the second and any subsequent offense.

    Section  160.  Returned  checks;  fines.  Any  person who
delivers a check or other payment to the Department  that  is
returned   to   the   Department   unpaid  by  the  financial
institution  upon  which  it  is  drawn  shall  pay  to   the



Department,  in  addition  to  the amount already owed to the
Department, a fine of $50. If the check or other payment  was
for  a  renewal  or  issuance  fee  and that person practices
without paying the renewal fee or issuance fee and  the  fine
due,  an  additional fine of $100 shall be imposed. The fines
imposed  by  this  Section  are  in  addition  to  any  other
discipline provided under this Act for unlicensed practice or
practice on a nonrenewed license. The Department shall notify
the person that payment of fees and fines shall  be  paid  to
the  Department  by  certified check or money order within 30
calendar days of the notification. If, after  the  expiration
of  30 days from the date of the notification, the person has
failed to submit the  necessary  remittance,  the  Department
shall   automatically  terminate  the  license  or  deny  the
application,  without  hearing.  If,  after  termination   or
denial,  the person seeks a license, he or she shall apply to
the Department for restoration or issuance of the license and
pay all fees and fines due to the Department. The  Department
may  establish a fee for the processing of an application for
restoration of a license to pay all  expenses  of  processing
this  application. The Director may waive the fines due under
this Section in individual cases  where  the  Director  finds
that   the  fines  would  be  unreasonable  or  unnecessarily
burdensome.

    Section  165.   Unlicensed  practice;  violation;   civil
penalty.
    (a)  Any   person  who  practices,  offers  to  practice,
attempts to practice, or holds  himself  or  herself  out  to
practice  massage  therapy  or as a massage therapist without
being licensed under 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 $5,000 for each offense
as  determined by the Department.  The civil penalty shall be
assessed by  the  Department  after  a  hearing  is  held  in
accordance   with  the  provisions  set  forth  in  this  Act
regarding the provision of a hearing for the discipline of  a
licensee.
    (b)  The  Department  has  the  authority  and  power  to
investigate any unlicensed activity.
    (c)  The civil penalty shall be paid within 60 days after
the  effective  date of the order imposing the civil penalty.
The order shall constitute a judgment and may  be  filed  and
execution had thereon in the same manner as any judgment from
any court of record.

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

    Section 950.  The Regulatory Sunset  Act  is  amended  by
adding Section 4.22 as follows:

    (5 ILCS 80/4.22 new)
    Sec.  4.22.   Act  repealed  on  January  1,  2012.   The
following Act is repealed on January 1, 2012:
    The Massage Licensing Act.
    Passed in the General Assembly May 29, 2002.
    Governor Amendatory Veto August 21, 2002.
    General Assembly Accepts Amendatory Veto December 04, 2002.
    Returned to Governor for Certification December 11, 2002.
    Governor Certifies Changes January 03, 2003.

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