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1 | | AN ACT concerning regulation. |
2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly: |
4 | | Section 5. The Massage Licensing Act is amended by |
5 | | changing Section 45 as follows: |
6 | | (225 ILCS 57/45) |
7 | | (Section scheduled to be repealed on January 1, 2027) |
8 | | Sec. 45. Grounds for discipline. |
9 | | (a) The Department may refuse to issue or renew, or may |
10 | | revoke, suspend, place on probation, reprimand, or take other |
11 | | disciplinary or non-disciplinary action, as the Department |
12 | | considers appropriate, including the imposition of fines not |
13 | | to exceed $10,000 for each violation, with regard to any |
14 | | license or licensee for any one or more of the following: |
15 | | (1) violations of this Act or of the rules adopted |
16 | | under this Act; |
17 | | (2) conviction by plea of guilty or nolo contendere, |
18 | | finding of guilt, jury verdict, or entry of judgment or by |
19 | | sentencing of any crime, including, but not limited to, |
20 | | convictions, preceding sentences of supervision, |
21 | | conditional discharge, or first offender probation, under |
22 | | the laws of any jurisdiction of the United States: (i) |
23 | | that is a felony; or (ii) that is a misdemeanor, an |
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1 | | essential element of which is dishonesty, or that is |
2 | | directly related to the practice of the profession; |
3 | | (3) professional incompetence; |
4 | | (4) advertising in a false, deceptive, or misleading |
5 | | manner, including failing to use the massage therapist's |
6 | | own license number in an advertisement; |
7 | | (5) aiding, abetting, assisting, procuring, advising, |
8 | | employing, or contracting with any unlicensed person to |
9 | | practice massage contrary to any rules or provisions of |
10 | | this Act; |
11 | | (6) engaging in immoral conduct in the commission of |
12 | | any act, such as sexual abuse, sexual misconduct, or |
13 | | sexual exploitation, related to the licensee's practice; |
14 | | (7) engaging in dishonorable, unethical, or |
15 | | unprofessional conduct of a character likely to deceive, |
16 | | defraud, or harm the public; |
17 | | (8) practicing or offering to practice beyond the |
18 | | scope permitted by law or accepting and performing |
19 | | professional responsibilities which the licensee knows or |
20 | | has reason to know that he or she is not competent to |
21 | | perform; |
22 | | (9) knowingly delegating professional |
23 | | responsibilities to a person unqualified by training, |
24 | | experience, or licensure to perform; |
25 | | (10) failing to provide information in response to a |
26 | | written request made by the Department within 60 days; |
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1 | | (11) having a habitual or excessive use of or |
2 | | addiction to alcohol, narcotics, stimulants, or any other |
3 | | chemical agent or drug which results in the inability to |
4 | | practice with reasonable judgment, skill, or safety; |
5 | | (12) having a pattern of practice or other behavior |
6 | | that demonstrates incapacity or incompetence to practice |
7 | | under this Act; |
8 | | (13) discipline by another state, District of |
9 | | Columbia, territory, or foreign nation, if at least one of |
10 | | the grounds for the discipline is the same or |
11 | | substantially equivalent to those set forth in this |
12 | | Section; |
13 | | (14) a finding by the Department that the licensee, |
14 | | after having his or her license placed on probationary |
15 | | status, has violated the terms of probation; |
16 | | (15) willfully making or filing false records or |
17 | | reports in his or her practice, including, but not limited |
18 | | to, false records filed with State agencies or |
19 | | departments; |
20 | | (16) 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; |
2 | | (18) inability to practice the profession with |
3 | | reasonable judgment, skill, or safety as a result of |
4 | | physical illness, including, but not limited to, |
5 | | deterioration through the aging process, loss of motor |
6 | | skill, or a mental illness or disability; |
7 | | (19) charging for professional services not rendered, |
8 | | including filing false statements for the collection of |
9 | | fees for which services are not rendered; |
10 | | (20) practicing under a false or, except as provided |
11 | | by law, an assumed name; or |
12 | | (21) cheating on or attempting to subvert the |
13 | | licensing examination administered under this Act. |
14 | | All fines shall be paid within 60 days of the effective |
15 | | date of the order imposing the fine. |
16 | | (b) A person not licensed under this Act and engaged in the |
17 | | business of offering massage therapy services through others, |
18 | | shall not aid, abet, assist, procure, advise, employ, or |
19 | | contract with any unlicensed person to practice massage |
20 | | therapy contrary to any rules or provisions of this Act. A |
21 | | person violating this subsection (b) shall be treated as a |
22 | | licensee for the purposes of disciplinary action under this |
23 | | Section and shall be subject to cease and desist orders as |
24 | | provided in Section 90 of this Act. |
25 | | (c) The Department shall revoke any license issued under |
26 | | this Act of any person who is convicted of prostitution, rape, |
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1 | | sexual misconduct, or any crime that subjects the licensee to |
2 | | compliance with the requirements of the Sex Offender |
3 | | Registration Act and any such conviction shall operate as a |
4 | | permanent bar in the State of Illinois to practice as a massage |
5 | | therapist. |
6 | | (c-5) A prosecuting attorney shall provide notice to the |
7 | | Department of the licensed massage therapist's name, address, |
8 | | practice address, and license number and a copy of the |
9 | | criminal charges filed immediately after a licensed massage |
10 | | therapist has been charged with any of the following offenses: |
11 | | (1) an offense for which the sentence includes |
12 | | registration as a sex offender; |
13 | | (2) involuntary sexual servitude of a minor; |
14 | | (3) the crime of battery against a patient, including |
15 | | any offense based on sexual conduct or sexual penetration, |
16 | | in the course of patient care or treatment; or |
17 | | (4) a forcible felony. |
18 | | If the victim of the crime the licensee has been charged |
19 | | with is a patient of the licensee, the prosecuting attorney |
20 | | shall also provide notice to the Department of the patient's |
21 | | name. |
22 | | Within 5 business days after receiving notice from the |
23 | | prosecuting attorney of the filing of criminal charges against |
24 | | the licensed massage therapist, the Secretary shall issue an |
25 | | administrative order that the licensed massage therapist shall |
26 | | practice only with a chaperone during all patient encounters |
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1 | | pending the outcome of the criminal proceedings. The chaperone |
2 | | shall be a licensed massage therapist or other health care |
3 | | worker licensed by the Department. The administrative order |
4 | | shall specify any other terms or conditions deemed appropriate |
5 | | by the Secretary. The chaperone shall provide written notice |
6 | | to all of the licensed massage therapist's patients explaining |
7 | | the Department's order to use a chaperone. Each patient shall |
8 | | sign an acknowledgment that they received the notice. The |
9 | | notice to the patient of criminal charges shall include, in |
10 | | 14-point font, the following statement: "The massage therapist |
11 | | is presumed innocent until proven guilty of the charges.". |
12 | | The licensed massage therapist shall provide a written |
13 | | plan of compliance with the administrative order that is |
14 | | acceptable to the Department within 5 business days after |
15 | | receipt of the administrative order. Failure to comply with |
16 | | the administrative order, failure to file a compliance plan, |
17 | | or failure to follow the compliance plan shall subject the |
18 | | licensed massage therapist to temporary suspension of his or |
19 | | her license until the completion of the criminal proceedings. |
20 | | If the licensee is not convicted of the charge or if any |
21 | | conviction is later overturned by a reviewing court, the |
22 | | administrative order shall be vacated and removed from the |
23 | | licensee's record. |
24 | | The Department may adopt rules to implement this |
25 | | subsection. |
26 | | (d) The Department may refuse to issue or may suspend the |
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1 | | license of any person who fails to file a tax return, to pay |
2 | | the tax, penalty, or interest shown in a filed tax return, or |
3 | | to pay any final assessment of tax, penalty, or interest, as |
4 | | required by any tax Act administered by the Illinois |
5 | | Department of Revenue, until such time as the requirements of |
6 | | the tax Act are satisfied in accordance with subsection (g) of |
7 | | Section 2105-15 of the Civil Administrative Code of Illinois. |
8 | | (e) (Blank). |
9 | | (f) In cases where the Department of Healthcare and Family |
10 | | Services has previously determined that a licensee or a |
11 | | potential licensee is more than 30 days delinquent in the |
12 | | payment of child support and has subsequently certified the |
13 | | delinquency to the Department, the Department may refuse to |
14 | | issue or renew or may revoke or suspend that person's license |
15 | | or may take other disciplinary action against that person |
16 | | based solely upon the certification of delinquency made by the |
17 | | Department of Healthcare and Family Services in accordance |
18 | | with item (5) of subsection (a) of Section 2105-15 of the Civil |
19 | | Administrative Code of Illinois. |
20 | | (g) The determination by a circuit court that a licensee |
21 | | is subject to involuntary admission or judicial admission, as |
22 | | provided in the Mental Health and Developmental Disabilities |
23 | | Code, operates as an automatic suspension. The suspension will |
24 | | end only upon a finding by a court that the patient is no |
25 | | longer subject to involuntary admission or judicial admission |
26 | | and the issuance of a court order so finding and discharging |
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1 | | the patient. |
2 | | (h) In enforcing this Act, the Department or Board, upon a |
3 | | showing of a possible violation, may compel an individual |
4 | | licensed to practice under this Act, or who has applied for |
5 | | licensure under this Act, to submit to a mental or physical |
6 | | examination, or both, as required by and at the expense of the |
7 | | Department. The Department or Board may order the examining |
8 | | physician to present testimony concerning the mental or |
9 | | physical examination of the licensee or applicant. No |
10 | | information shall be excluded by reason of any common law or |
11 | | statutory privilege relating to communications between the |
12 | | licensee or applicant and the examining physician. The |
13 | | examining physicians shall be specifically designated by the |
14 | | Board or Department. The individual to be examined may have, |
15 | | at his or her own expense, another physician of his or her |
16 | | choice present during all aspects of this examination. The |
17 | | examination shall be performed by a physician licensed to |
18 | | practice medicine in all its branches. Failure of an |
19 | | individual to submit to a mental or physical examination, when |
20 | | directed, shall result in an automatic suspension without |
21 | | hearing. |
22 | | A person holding a license under this Act or who has |
23 | | applied for a license under this Act who, because of a physical |
24 | | or mental illness or disability, including, but not limited |
25 | | to, deterioration through the aging process or loss of motor |
26 | | skill, is unable to practice the profession with reasonable |
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1 | | judgment, skill, or safety, may be required by the Department |
2 | | to submit to care, counseling, or treatment by physicians |
3 | | approved or designated by the Department as a condition, term, |
4 | | or restriction for continued, reinstated, or renewed licensure |
5 | | to practice. Submission to care, counseling, or treatment as |
6 | | required by the Department shall not be considered discipline |
7 | | of a license. If the licensee refuses to enter into a care, |
8 | | counseling, or treatment agreement or fails to abide by the |
9 | | terms of the agreement, the Department may file a complaint to |
10 | | revoke, suspend, or otherwise discipline the license of the |
11 | | individual. The Secretary may order the license suspended |
12 | | immediately, pending a hearing by the Department. Fines shall |
13 | | not be assessed in disciplinary actions involving physical or |
14 | | mental illness or impairment. |
15 | | In instances in which the Secretary immediately suspends a |
16 | | person's license under this Section, a hearing on that |
17 | | person's license must be convened by the Department within 15 |
18 | | days after the suspension and completed without appreciable |
19 | | delay. The Department and Board shall have the authority to |
20 | | review the subject individual's record of treatment and |
21 | | counseling regarding the impairment to the extent permitted by |
22 | | applicable federal statutes and regulations safeguarding the |
23 | | confidentiality of medical records. |
24 | | An individual licensed under this Act and affected under |
25 | | this Section shall be afforded an opportunity to demonstrate |
26 | | to the Department or Board that he or she can resume practice |