98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1651

 

Introduced 2/13/2013, by Sen. Iris Y. Martinez

 

SYNOPSIS AS INTRODUCED:
 
New Act
5 ILCS 80/4.34 new

    Creates the Colon Hydrotherapist Licensing Act. Establishes licensing requirements for the practice of colon hydrotherapy by the Department of Financial and Professional Regulation and provides that no person shall practice colon hydrotherapy for compensation without a license under the Act. Creates the Colon Hydrotherapy Licensing Board. Establishes guidelines for applications, endorsement, display of licenses, exemptions, advertising, investigations and hearings, continuing education, renewal and restoration of licenses, suspension of licenses, fees, confidentiality, and violations of the Act. Amends the regulatory Sunset Act. Provides for the repeal of the Colon Hydrotherapist Licensing Act on January 1, 2024. Effective on January 1, 2014.


LRB098 10562 MGM 40807 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1651LRB098 10562 MGM 40807 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Colon
5Hydrotherapist Licensing Act.
 
6    Section 5. Declaration of public policy. The purpose of
7this Act is to protect and benefit the public by setting
8standards of qualifications, education, training, and
9experience for those who seek to practice colon hydrotherapy,
10to promote high standards of professional performance for those
11licensed to practice colon hydrotherapy in this State, and to
12protect the public from unprofessional conduct by persons
13licensed to practice colon hydrotherapy.
 
14    Section 10. Definitions. As used in this Act:
15    "Address of record" means the designated address recorded
16by the Department in the applicant's or licensee's application
17file or license file as maintained by the Department's
18licensure maintenance unit. It is the duty of the applicant or
19licensee to inform the Department of any change of address and
20those changes must be made either through the Department's
21website or by contacting the Department.
22    "Approved colon hydrotherapy school" means a program that

 

 

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1meets the minimum standards for training and curriculum
2determined by the Department.
3    "Board" means the Colon Hydrotherapy Licensing Board
4appointed by the Secretary.
5    "Compensation" means the receipt of payment, loan,
6advance, donation, contribution, deposit, or gift of money or
7anything of value.
8    "Department" means the Department of Financial and
9Professional Regulation.
10    "Colon hydrotherapist" means a trained individual who is
11licensed by the Department and administers colon hydrotherapy
12for compensation.
13    "Colonic", "colon irrigation", or "colon hydrotherapy"
14mean the practice of introducing warm, filtered, and
15temperature regulated water into the large intestine or colon
16by permitted establishments and practitioners for the purpose
17of hydrating the waste and body and softening and loosening
18fecal waste, resulting in evacuation. "Colonic" or "colon
19hydrotherapy" may include, but are not limited to, techniques
20used to stimulate reflex points in the abdomen, hands, and
21feet. As part of the practice, "colonic" or "colon
22hydrotherapy" may also include discussion of lifestyle,
23healthy eating, and exercise. The colon hydrotherapist may
24provide to the client written aftercare instructions relating
25to the session. "Colonic" or "colon hydrotherapy" does not
26include the diagnosis of a specific pathology or treatment for

 

 

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1any medical condition. "Colon hydrotherapy" does not include
2those acts of massage, physical therapy, or therapeutic or
3corrective measures that are outside the scope of colon
4hydrotherapy practice as defined in this Section.
5    "Secretary" means the Secretary of the Department of
6Financial and Professional Regulation.
 
7    Section 15. Licensure requirements.
8    (a) Beginning January 1, 2014, persons engaged in colon
9hydrotherapy for compensation must be licensed by the
10Department. The Department shall only issue a license to an
11individual if the applicant:
12        (1) has applied in writing on the prescribed forms and
13    has paid the required fees;
14        (2) is at least 18 years of age and of good moral
15    character; in determining good moral character, the
16    Department may take into consideration conviction of any
17    crime under the laws of the United States, any state, or
18    territory that is a felony or a misdemeanor or any crime
19    that is directly related to the practice of the profession;
20    a conviction shall not operate automatically as a complete
21    bar to a license, except in the case of any conviction for
22    prostitution, rape, or sexual misconduct, or where the
23    applicant is a registered sex offender; and
24        (3) has met one of the following requirements:
25                (A) has successfully completed a colon

 

 

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1        hydrotherapy program approved by the Department that
2        requires 100 hours of course study with no less than
3        100 hours of classroom instruction, a minimum of 45
4        hours of anatomy and physiology, and 25 intern sessions
5        (such as the course offered by the International
6        Association for Colon Hydrotherapy), and has passed a
7        competency examination managed by the National Board
8        for Colon Hydrotherapy; or
9                (B) holds a current license from another
10        jurisdiction having licensure requirements that
11        include the completion of a colon hydrotherapy program
12        of not less than 100 hours.
13    (b) Each applicant for licensure as a colon hydrotherapist
14shall have his or her fingerprints submitted to the Department
15of State Police in an electronic format that complies with the
16form and manner for requesting and furnishing criminal history
17record information as prescribed by the Department of State
18Police. These fingerprints shall be checked against the
19Department of State Police and Federal Bureau of Investigation
20criminal history record databases. The Department of State
21Police shall charge applicants a fee for conducting the
22criminal history records check, which shall be deposited into
23the State Police Services Fund and shall not exceed the actual
24cost of the records check. After the identification of any
25convictions, the Department of State Police shall furnish
26records of the convictions to the Department. The Department

 

 

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1may require applicants to pay a separate fingerprinting fee,
2either to the Department or to a vendor. The Department may, in
3its discretion, allow an applicant who does not have reasonable
4access to a designated vendor to provide his or her
5fingerprints in an alternative manner. The Department may adopt
6any rules necessary to implement this Section.
 
7    Section 20. Social Security number on license application.
8In addition to any other information required to be contained
9in the application, every application for an original, renewed,
10reinstated, or restored license under this Act shall include
11the applicant's Social Security number.
 
12    Section 25. Endorsement. The Department may, in its
13discretion, license as a colon hydrotherapist, by endorsement,
14an applicant who is a colon hydrotherapist licensed under the
15laws of another state or territory, if the requirements for
16licensure in the state or territory where the applicant was
17licensed were, at the date of his or her licensure,
18substantially equivalent to the requirements in force in this
19State on that date, and if the applicant has paid the required
20fee to the Department. The Department may adopt any rules
21necessary to implement this Section.
22    Applicants have 3 years after the date of application to
23complete the application process. If the process has not been
24completed within the 3 years, the application shall be denied,

 

 

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1the fee forfeited, and the applicant must reapply and meet the
2requirements in effect at the time of reapplication.
 
3    Section 30. Exemptions.
4    (a) This Act does not prohibit a person licensed under any
5other Act in this State from engaging in the practice for which
6he or she is licensed.
7    (b) Persons exempted under this Section include, but are
8not limited to, physicians, chiropractors, and naprapaths.
9    (c) Nothing in this Act prohibits a student of an approved
10colon hydrotherapy school or program from performing colon
11hydrotherapy, provided that the student does not hold himself
12or herself out as a licensed colon hydrotherapist and does not
13receive compensation, including tips, for colon hydrotherapy
14services.
15    (d) Nothing in this Act applies to licensed colon
16hydrotherapists from other states or countries when providing
17educational programs or services for a period not exceeding 30
18days within a calendar year.
19    (e) Nothing in this Act prohibits, restricts, or applies to
20persons that do not provide colonic irrigation, colon
21hydrotherapy, or colonic services who are practicing within the
22broad area of complimentary and alternative health care
23practices including, but not limited to, practices of
24detoxification, skin brushing, cleansing therapies, techniques
25used to stimulate reflex points in the abdomen, hands, and

 

 

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1feet, the use of dietary supplements or homeopathic remedies,
2or encouraging healthy eating choices, lifestyle, and
3exercise.
 
4    Section 35. Title protection.
5    (a) Persons regulated by this Act are designated as colon
6hydrotherapists. Unless he or she has been issued, by the
7Department, a valid, existing license under this Act, no person
8may use the title and designation of "colon hydrotherapist" or
9the terms "colonic", "colon hydrotherapy", and "colonic
10irrigation" when advertising or printing promotional material.
11    (b) Anyone who knowingly aids and abets one or more persons
12not authorized to use a professional title regulated by this
13Act or knowingly employs persons not authorized to use the
14regulated professional title in the course of their employment,
15commits a violation of this Act.
16    (c) Anyone not authorized under this Act to use the term
17"colonic", "colon hydrotherapy", or "colonic irrigation" and
18who knowingly use these terms when advertising commits a
19violation of this Act.
 
20    Section 40. Display of license. Every licensee shall
21display his or her license or a copy in a conspicuous place in
22the licensee's principal place of business or any other
23location where the licensee provides colon hydrotherapy
24services.
 

 

 

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1    Section 45. Colon Hydrotherapy Licensing Board.
2    (a) The Secretary shall appoint a Colon Hydrotherapy
3Licensing Board which shall serve in an advisory capacity to
4the Secretary. The Board shall consist of 7 members, 6 of whom
5shall be colon hydrotherapists with at least 3 years of
6experience in colon hydrotherapy and one member of the Board
7shall be a member of the public who is not licensed under this
8Act or a similar Act in Illinois or another jurisdiction.
9Membership on the Board shall reasonably reflect the geographic
10areas of the State. The Board shall meet annually to elect a
11chairperson and vice-chairperson. The Board shall hold
12regularly scheduled meetings during the year. A simple majority
13of the Board shall constitute a quorum at any meeting. Any
14action taken by the Board must be on the affirmative vote of a
15simple majority of members. Voting by proxy shall not be
16permitted. In the case of an emergency where all Board members
17cannot meet in person, the Board may convene a meeting via an
18electronic format in accordance with the Open Meetings Act.
19    (b) Members shall be appointed to a 3-year term, except
20that initial appointees shall serve the following terms: 2
21members shall serve for one year, 2 members shall serve for 2
22years, and 3 members shall serve for 3 years. A member whose
23term has expired shall continue to serve until his or her
24successor is appointed. No member shall be reappointed to the
25Board for a term that would cause his or her continuous service

 

 

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1on the Board to exceed 9 years. Appointments to fill a vacancy
2shall be made in the same manner as the original appointments.
3    (c) The members of the Board are entitled to receive
4compensation for all legitimate and necessary expenses
5incurred while attending Board and Department meetings.
6    (d) Members of the Board shall be immune from suit in any
7action based upon any disciplinary proceedings or other
8activities performed in good faith as members of the Board.
9    (e) The Secretary shall consider the recommendations of the
10Board on questions involving the standards of professional
11conduct, discipline, and qualifications of applicants and
12licensees under this Act. Nothing shall limit the ability of
13the Board to provide recommendations to the Secretary in regard
14to any matter affecting the administration of this Act. The
15Secretary shall give due consideration to all recommendations
16of the Board.
17    (f) The Secretary may terminate the appointment of any
18member for cause, which, in the opinion of the Secretary,
19reasonably justifies termination and may include, but is not
20limited to, a Board member who does not attend 2 consecutive
21meetings.
 
22    Section 50. Duties of the Department. The Department shall
23exercise the powers and duties prescribed by the Civil
24Administrative Code of Illinois for administration of
25licensing Acts and shall exercise other powers and duties

 

 

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1necessary for effectuating the purpose of this Act. The
2Department shall adopt rules to implement, interpret, or make
3specific the provisions and purposes of this Act. No rules
4shall be adopted by the Department until reviewed by the Board.
 
5    Section 55. Grounds for discipline.
6    (a) The Department may refuse to issue or renew, or may
7revoke, suspend, place on probation, reprimand, or take other
8disciplinary or non-disciplinary action, as the Department
9considers appropriate, including the imposition of fines not to
10exceed $1,000 for each violation, with regard to any license or
11licensee for any one or more of the following:
12        (1) violations of this Act or its rules;
13        (2) making a material misstatement in an application
14    for a license or for renewal of a license;
15        (3) gross or repeated malpractice or failing to
16    practice colon hydrotherapy with the level of care, skill,
17    and treatment that is recognized by a reasonably prudent
18    colon hydrotherapist as being acceptable under similar
19    conditions and circumstances;
20        (4) advertising in a false, deceptive, or misleading
21    manner;
22        (5) aiding, abetting, assisting, procuring, advising,
23    employing, or contracting with any unlicensed person to
24    practice colon hydrotherapy in violation of any rules or
25    provisions of this Act;

 

 

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1        (6) engaging in immoral conduct in the commission of
2    any act related to the licensee's practice, including
3    sexual abuse, sexual misconduct, or sexual exploitation;
4        (7) engaging in dishonorable, unethical, or
5    unprofessional conduct of a character likely to deceive,
6    defraud, or harm the public;
7        (8) practicing or offering to practice beyond the scope
8    permitted by law or accepting and performing professional
9    responsibilities that the licensee knows or has reason to
10    know that he or she is not competent to perform;
11        (9) knowingly delegating professional responsibilities
12    to a person unqualified by training, experience, or
13    licensure;
14        (10) failing to provide information in response within
15    60 days after a written request made by the Department;
16        (11) habitual or excessive use or abuse of drugs
17    defined in law as controlled substances, alcohol, or any
18    other substances that results in the inability to practice
19    with reasonable judgment, skill, or safety;
20        (12) having a pattern of practice or other behavior
21    that demonstrates incapacity or incompetence to practice
22    under this Act;
23        (13) conviction of an offense or discipline that
24    substantially relates to the practice of colon
25    hydrotherapy by another state, District of Columbia,
26    territory, or foreign nation;

 

 

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1        (14) a finding by the Department that the licensee,
2    after having his or her license placed on probationary
3    status, has violated the terms of probation;
4        (15) willfully making or filing false records or
5    reports in his or her practice, including, but not limited
6    to, false records filed with State agencies or departments;
7        (16) making a material misstatement in furnishing
8    information to the Department or otherwise making
9    misleading, deceptive, untrue, or fraudulent
10    representations in violation of this Act or otherwise in
11    the practice of the profession;
12        (17) inability to practice the profession with
13    reasonable judgment, skill, or safety as a result of
14    physical illness, including, but not limited to,
15    deterioration through the aging process, loss of motor
16    skill, or a mental illness or disability;
17        (18) charging for professional services not rendered
18    including filing false statements for the collection of
19    fees for which services are not rendered;
20        (19) practicing under a false or, except as provided by
21    law, assumed name;
22        (20) cheating on or attempting to subvert the licensing
23    examination administered under this Act; or
24        (21) engaging in conduct while practicing colon
25    hydrotherapy that poses an imminent risk of recognizable
26    and significant physical harm to an individual.

 

 

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1        All fines shall be paid within 60 days after the
2    effective date of the order imposing the fine.
3    (b) A person not licensed under this Act and engaged in the
4business of offering colon hydrotherapy services through
5others, shall not aid, abet, assist, procure, advise, employ,
6or contract with any unlicensed person to practice colon
7hydrotherapy in violation of any rules or provisions of this
8Act. A person violating this subsection (b) shall be treated as
9a licensee for the purposes of disciplinary action under this
10Section and shall be subject to cease and desist orders as
11provided in Section 105 of this Act.
12    (c) The Department shall revoke any license issued under
13this Act of any person who is convicted of prostitution, rape,
14sexual misconduct, or any crime that subjects the licensee to
15compliance with the requirements of the Sex Offender
16Registration Act and any such conviction shall operate as a
17permanent bar in this State to practice as a colon
18hydrotherapist.
19    (d) The Department may refuse to issue or may suspend the
20license of any person who fails to file a tax return, to pay
21the tax, penalty, or interest shown in a filed tax return, or
22to pay any final assessment of tax, penalty, or interest, as
23required by any tax Act administered by the Illinois Department
24of Revenue, until such time as the requirements of the tax Act
25are satisfied in accordance with subsection (g) of Section
262105-15 of the Department of Professional Regulation Law of the

 

 

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1Civil Administrative Code of Illinois.
2    (e) The Department shall deny a license or renewal
3authorized by this Act to a person who has defaulted on an
4educational loan or scholarship provided or guaranteed by the
5Illinois Student Assistance Commission or any governmental
6agency of this State in accordance with item (5) of subsection
7(g) of Section 2105-15 of the Department of Professional
8Regulation Law of the Civil Administrative Code of Illinois.
9    (f) In cases where the Department of Healthcare and Family
10Services has previously determined that a licensee or a
11potential licensee is more than 30 days delinquent in the
12payment of child support and has subsequently certified the
13delinquency to the Department, the Department may refuse to
14issue or renew or may revoke or suspend that person's license
15or may take other disciplinary action against that person based
16solely upon the certification of delinquency made by the
17Department of Healthcare and Family Services in accordance with
18item (5) of subsection (a) of Section 2105-15 of the Department
19of Professional Regulation Law of the Civil Administrative Code
20of Illinois.
21    (g) The determination by a circuit court that a licensee is
22subject to involuntary admission or judicial admission, as
23provided in the Mental Health and Developmental Disabilities
24Code, operates as an automatic suspension. The suspension shall
25end only upon a finding by a court that the patient is no
26longer subject to involuntary admission or judicial admission

 

 

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1and the issuance of a court order so finding and discharging
2the patient.
3    (h) In enforcing this Act, the Department or Board, upon a
4showing of a possible violation, may compel an individual
5licensed to practice under this Act, or who has applied for
6licensure under this Act, to submit to a mental or physical
7examination, or both, as required by and at the expense of the
8Department. The Department or Board may order the examining
9physician to present testimony concerning the mental or
10physical examination of the licensee or applicant. No
11information shall be excluded by reason of any common law or
12statutory privilege relating to communications between the
13licensee or applicant and the examining physician. The
14examining physicians shall be specifically designated by the
15Board or Department. The individual to be examined may have, at
16his or her own expense, another physician of his or her choice
17present during all aspects of the examination. The examination
18shall be performed by a physician licensed to practice medicine
19in all its branches. Failure of an individual to submit to a
20mental or physical examination, when directed, shall result in
21an automatic suspension without hearing.
22    A person holding a license under this Act or who has
23applied for a license under this Act who, because of a physical
24or mental illness or disability, including, but not limited to,
25deterioration through the aging process or loss of motor skill,
26is unable to practice the profession with reasonable judgment,

 

 

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1skill, or safety, may be required by the Department to submit
2to care, counseling, or treatment by physicians approved or
3designated by the Department as a condition, term, or
4restriction for continued, reinstated, or renewed licensure to
5practice. Submission to care, counseling, or treatment as
6required by the Department shall not be considered discipline
7of a licensee. If the licensee refuses to enter into a care,
8counseling, or treatment agreement or fails to abide by the
9terms of the agreement, the Department may file a complaint to
10revoke or suspend the license or otherwise discipline the
11licensee. The Secretary may order the license suspended
12immediately, pending a hearing by the Department. Fines shall
13not be assessed in disciplinary actions involving physical or
14mental illness or impairment.
15    When the Secretary immediately suspends a person's license
16under this Section, a hearing on that person's license shall be
17convened by the Department within 15 days after the suspension
18and completed without appreciable delay. The Department and
19Board shall have the authority to review the subject
20individual's record of treatment and counseling regarding the
21impairment to the extent permitted by applicable federal
22statutes and regulations safeguarding the confidentiality of
23medical records.
24    An individual licensed under this Act and affected under
25this Section shall be afforded an opportunity to demonstrate to
26the Department or Board that he or she can resume practice in

 

 

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1compliance with acceptable and prevailing standards under the
2provisions of his or her license.
 
3    Section 60. Advertising.
4    (a) It is a Class A misdemeanor for any person,
5organization, or corporation to advertise colon hydrotherapy
6services unless the person providing the service holds a valid
7license under this Act, except for those excluded licensed
8professionals who are allowed to include colon hydrotherapy in
9their scope of practice. A colon hydrotherapist may not
10advertise unless he or she has a current license issued by this
11State. "Advertise" as used in this subsection includes, but is
12not limited to, the issuance of any card, sign, or device to
13any person; the causing, permitting, or allowing of any sign or
14marking on or in any building, vehicle, or structure;
15advertising in any newspaper or magazine; any listing or
16advertising in any directory under a classification or heading
17that includes the words "colonic", "colon hydrotherapist", or
18"colon hydrotherapy"; or commercials broadcast by any means.
19     (b) The colon hydrotherapist shall maintain an absolutely
20factual and true representation of the colon hydrotherapy
21procedure and profession in any advertising medium.
22Advertising under this subsection shall include the license
23number in any advertisement. It is a Class A misdemeanor for
24any person, organization, or corporation to advertise or imply
25that colon hydrotherapy can treat any disease or condition. For

 

 

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1the purposes of this subsection, "advertising medium" means any
2newspaper, airwave or computer transmission, telephone
3directory listing other than an in-column listing consisting
4only of a name, address, and telephone number, business card,
5handbill, flyer, sign other than a building directory listing
6all building tenants and their room or suite numbers, or other
7form of written advertising.
 
8    Section 65. Home rule. The regulation and licensing of
9colon hydrotherapy is an exclusive power and function of the
10State. A home rule unit may not regulate or license colon
11hydrotherapists. This Section is a denial and limitation of
12home rule powers and functions under subsection (h) of Section
136 of Article VII of the Illinois Constitution.
 
14    Section 70. Administrative Procedure Act. The Illinois
15Administrative Procedure Act shall apply to this Act, except
16the provision of subsection (d) of Section 10-65 of the
17Illinois Administrative Procedure Act that provides that at
18hearings the licensee has the right to show compliance with all
19lawful requirements for retention, continuation, or renewal of
20the license is specifically excluded. For the purposes of this
21Act the notice required under Section 10-25 of the
22Administrative Procedure Act is sufficient when mailed to the
23party's address of record.
 

 

 

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1    Section 75. Renewal of licenses. The expiration date and
2renewal period for each license issued under this Act shall be
3set by rule.
 
4    Section 80. Continuing education. The Department shall
5adopt rules for continuing education for persons licensed under
6this Act that require the completion of 24 hours of approved
7continuing education for each license renewal period. The
8Department shall establish by rule a means for the verification
9of completion of the continuing education required by this
10Section. This verification may be accomplished through audits
11of records maintained by the licensee, by requiring the filing
12of continuing education certificates with the Department, or by
13other means established by the Department.
 
14    Section 85. Restoration of expired licenses. A colon
15hydrotherapist who has permitted his or her license to expire
16or who has had his or her license on inactive status may have
17his or her license restored by making application to the
18Department and filing proof acceptable to the Department of his
19or her fitness to have his or her license restored, including
20sworn evidence certifying to active practice in another
21jurisdiction satisfactory to the Department, by paying the
22required restoration fee, and showing proof of completion of
23required continuing education. Licensees must provide proof of
24completion of 24 hours approved continuing education to renew

 

 

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1their license.
2    If the colon hydrotherapist has not maintained an active
3practice in another jurisdiction satisfactory to the
4Department, the Board shall determine by an evaluation program
5established by rule his or her fitness to resume active status
6and may require the colon hydrotherapist to complete a period
7of evaluated clinical experience and may require successful
8completion of an examination.
9    A colon hydrotherapist whose license has been expired or
10placed on inactive status for more than 5 years may have his or
11her license restored by making application to the Department
12and filing proof acceptable to the Department of his or her
13fitness to have his or her license restored, including sworn
14evidence certifying to active practice in another
15jurisdiction, by paying the required restoration fee, and by
16showing proof of the completion of 24 hours of continuing
17education.
18    However, any registrant whose license has expired while he
19or she has been engaged in (i) Federal Service on active duty
20with the United States Army, Navy, Marine Corps, Air Force,
21Coast Guard, or Public Health Service or the State Militia
22called into the service or training of the United States of
23America, or (ii) training or education under the supervision of
24the United States preliminary to induction into the military
25service, may have his or her license reinstated or restored
26without paying any lapsed renewal fees if, within 2 years after

 

 

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1honorable termination of such service, training, or education,
2he or she furnishes to the Department satisfactory evidence to
3the effect that he or she has been so engaged and that his or
4her service, training, or education has been so terminated.
 
5    Section 90. Inactive licenses. Any colon hydrotherapist
6who notifies the Department, in writing on forms prescribed by
7the Department, may elect to place his or her license on
8inactive status and shall, subject to rules of the Department,
9be excused from payment of renewal fees until he or she
10notifies the Department in writing of his or her desire to
11resume active status.
12    A colon hydrotherapist requesting restoration from
13inactive status shall be required to pay the current renewal
14fee and shall be required to restore his or her license as
15provided in Section 85 of this Act.
16    Any colon hydrotherapist whose license is on inactive
17status shall not practice colon hydrotherapy in the State, and
18any practice conducted shall be deemed unlicensed practice.
 
19    Section 95. Fees. The fees assessed under this Act shall
20be set by rule.
 
21    Section 100. Deposit of fees and fines; appropriations.
22All fees and fines collected under this Act shall be deposited
23into the General Professions Dedicated Fund. All monies in the

 

 

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1Fund shall be used by the Department of Financial and
2Professional Regulation, as appropriated, for the ordinary and
3contingent expenses of the Department.
 
4    Section 105. Violations; injunction; cease and desist
5order.
6     (a) If any person violates a provision of this Act, the
7Secretary may, in the name of the People of the State of
8Illinois, through the Attorney General of the State of Illinois
9or the State's Attorney in the county in which the offense
10occurs, petition for an order enjoining the violation or for an
11order enforcing compliance with this Act. Upon the filing of a
12verified petition in court, the court may issue a temporary
13restraining order, without notice or bond, and may
14preliminarily and permanently enjoin the violation. If it is
15established that the person has violated or is violating the
16injunction, the court may punish the offender for contempt of
17court. Proceedings under this Section shall be in addition to,
18and not in lieu of, all other remedies and penalties provided
19by this Act.
20    (b) If any person practices as a colon hydrotherapist or
21holds himself or herself out as a colon hydrotherapist without
22being licensed under the provisions of this Act, then the
23Secretary, any colon hydrotherapist, any interested party, or
24any person injured thereby may petition for relief as provided
25in subsection (a) of this Section or may apply to the circuit

 

 

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1court of the county where the violation or some part thereof
2occurred, or where the person complained of has his or her
3principal place of business or resides, to prevent the
4violation. The court has jurisdiction to enforce obedience by
5injunction or by other process restricting the person
6complained of from further violation.
7     (c) Whenever, in the opinion of the Department, a person
8violates any provision of this Act, the Department may issue a
9rule to show cause why an order to cease and desist should not
10be entered against him or her. The rule shall clearly set forth
11the grounds relied upon by the Department and shall provide a
12period of 7 days after the date of the rule to file an answer to
13the satisfaction of the Department. Failure to answer to the
14satisfaction of the Department shall cause an order to cease
15and desist to be issued.
 
16    Section 110. Investigations; notice and hearing. The
17Department may investigate the actions of any applicant or of
18any person or persons rendering or offering to render colon
19hydrotherapy services or any person holding or claiming to hold
20a license as a colon hydrotherapist. The Department shall,
21before refusing to issue or renew a license or to discipline a
22licensee under Section 55 of this Act, at least 30 days prior
23to the date set for the hearing, (i) notify the accused in
24writing of the charges made and the time and place for the
25hearing on the charges, (ii) direct him or her to file a

 

 

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1written answer with the Department under oath within 20 days
2after the service of the notice, and (iii) inform the applicant
3or licensee that failure to file an answer will result in a
4default judgment being entered against the applicant or
5licensee. At the time and place fixed in the notice, the
6Department shall proceed to hear the charges and the parties of
7their counsel shall be accorded ample opportunity to present
8any pertinent statements, testimony, evidence, and arguments.
9The Department may continue the hearing from time to time. In
10case the person, after receiving the notice, fails to file an
11answer, his or her license may, in the discretion of the
12Department, be revoked, suspended, or placed on probationary
13status or the Department may take whatever disciplinary actions
14considered proper, including limiting the scope, nature, or
15extent of the person's practice or the imposition of a fine,
16without a hearing, if the act or acts charged constitute
17sufficient grounds for that action under this Act. The written
18notice may be served by personal delivery or by certified mail
19to the address of record of the accused.
 
20    Section 115. Stenographer; transcript. The Department
21shall, at its own expense, preserve a record of all proceedings
22at the formal hearing of any case. Any notice, all documents in
23the nature of pleadings, written motions filed, the transcripts
24of testimony, reports of the Board and hearing officer, and
25orders of the Department shall be in the record of the

 

 

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1proceeding.
 
2    Section 120. Subpoenas; depositions; oaths.
3    (a) The Department may subpoena and bring before it any
4person to take the oral or written testimony or compel the
5production of any books, papers, records, or any other
6documents that the Secretary or his or her designee deems
7relevant or material to any such investigation or hearing
8conducted by the Department with the same fees and in the same
9manner as prescribed in civil cases in the courts of this
10State.
11    (b) Any circuit court, upon the application of the licensee
12or the Department, may order the attendance and testimony of
13witnesses and the production of relevant documents, files,
14records, books, and papers in connection with any hearing or
15investigation. The circuit court may compel obedience to its
16order by proceedings for contempt.
17    (c) The Secretary, the hearing officer, any member of the
18Board, or a certified shorthand court reporter may administer
19oaths at any hearing the Department conducts. Notwithstanding
20any other statute or Department rule to the contrary, all
21requests for testimony, production of documents, or records
22shall be in accordance with this Act.
 
23    Section 125. Findings and recommendations. At the
24conclusion of the hearing, the Board shall present to the

 

 

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1Secretary a written report of its findings and recommendations.
2The report shall contain a finding of whether or not the
3accused person violated this Act or failed to comply with the
4conditions required in this Act. The Board shall specify the
5nature of the violation or failure to comply and shall make its
6recommendations to the Secretary.
7    The report of findings and recommendations of the Board
8shall be the basis for the Department's order or refusal or for
9the granting of a license unless the Secretary shall determine
10that the Board's report is contrary to the manifest weight of
11the evidence, in which case the Secretary may issue an order
12contrary to the Board's report. The finding is not admissible
13in evidence against the person in a criminal prosecution
14brought for the violation of this Act, but the hearing and
15finding are not a bar to a criminal prosecution brought for the
16violation of this Act.
 
17    Section 130. Board; rehearing. In any case involving
18discipline of a licensee or the refusal to issue or renew a
19license, a copy of the Board's report shall be served upon the
20respondent by the Department, either personally or as provided
21in this Act for the service of the notice of hearing. Within 20
22days after service, the respondent may present to the
23Department a motion for a rehearing in writing and specifying
24particular grounds. If no motion for rehearing is filed, then
25upon the expiration of the time specified for filing the

 

 

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1motion, or if a motion for rehearing is denied, then upon the
2denial, the Secretary may enter an order in accordance with
3recommendations of the Board, except as provided in Section 125
4of this Act. If the respondent shall order from the reporting
5service and pay for a transcript of the record within the time
6for filing a motion for rehearing, the 20 day period for filing
7the motion shall start upon the delivery of the transcript to
8the respondent.
 
9    Section 135. Secretary; rehearing. Whenever the Secretary
10is not satisfied that substantial justice has been done in the
11revocation, suspension, or refusal to issue, restore, or renew
12a license, or other discipline of an applicant or licensee, the
13Secretary may order a rehearing by the same or other hearing
14officers.
 
15    Section 140. Appointment of a hearing officer. The
16Secretary shall have the authority to appoint any attorney duly
17licensed to practice law in this State to serve as the hearing
18officer in any action for refusal to issue or renew a license
19or permit or for the discipline of a licensee. The hearing
20officer shall have full authority to conduct the hearing. The
21hearing officer shall report his or her findings and
22recommendations to the Board and the Secretary. The Board shall
23have 60 days after receipt of the report to review the report
24of the hearing officer and present its findings of fact,

 

 

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1conclusions of law, and recommendations to the Secretary. If
2the Board fails to present its report within the 60-day period,
3the Secretary shall issue an order based on the report of the
4hearing officer. If the Secretary determines that the Board's
5report is contrary to the manifest weight of the evidence, he
6or she may issue an order contrary to the Board's report.
 
7    Section 145. Order or certified copy; prima facie proof.
8An order or a certified copy of the order, over the seal of the
9Department and purporting to be signed by the Secretary, shall
10be prima facie proof that:
11        (1) the signature is the genuine signature of the
12    Secretary;
13        (2) the Secretary is duly appointed and qualified; and
14        (3) the Board and the members of the Board are
15    qualified to act.
 
16    Section 150. Restoration of license from discipline. At
17any time after the successful completion of a term of
18indefinite probation, suspension, or revocation of a license,
19the Department may restore the license to the licensee upon
20written recommendation of the Board, unless after an
21investigation and a hearing the Secretary determines that
22restoration is not in the public interest. No person or entity
23whose license, certificate, or authority has been revoked under
24this Act may apply for restoration of that license,

 

 

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1certification, or authority until such time as provided for in
2the Civil Administrative Code of Illinois.
 
3    Section 155. Surrender of license. Upon the revocation or
4suspension of any license, the licensee shall surrender the
5license to the Department and, if the licensee fails to do so,
6the Department shall have the right to seize the license.
 
7    Section 160. Temporary suspension of a license. The
8Secretary may temporarily suspend the license of a colon
9hydrotherapist without a hearing, simultaneously with the
10institution of proceedings for a hearing provided for in
11Section 110 of this Act, if the Secretary finds that the
12evidence in his or her possession indicates that continuation
13in practice would constitute an imminent danger to the public.
14In the event that the Secretary temporarily suspends the
15license of a colon hydrotherapist without a hearing, a hearing
16by the Board must be held within 30 calendar days after the
17suspension has occurred.
 
18    Section 165. Administrative review; venue. All final
19administrative decisions of the Department are subject to
20judicial review under the Administrative Review Law and its
21rules. For the purposes of this Act, the term "administrative
22decision" is defined as in Section 3-101 of the Code of Civil
23Procedure.

 

 

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1    Proceedings for judicial review shall be commenced in the
2circuit court of the county in which the party applying for
3relief resides. If the party is not a resident of this State,
4then the venue shall be in Sangamon County.
5    The Department shall not be required to certify any record
6to the court or file any answer in court or otherwise appear in
7any court in a judicial review proceeding, unless and until the
8Department has received from the plaintiff payment of the costs
9of furnishing and certifying the record, which costs shall be
10determined by the Department. Failure on the part of the
11plaintiff to file a receipt in court shall be grounds for
12dismissal of the action.
 
13    Section 170. Violations.
14    (a) A person who is found to have violated any provision of
15this Act is guilty of a Class A misdemeanor.
16    (b) Whoever knowingly practices or offers to practice colon
17hydrotherapy in this State without a license, or knowingly
18aids, abets, assists, procures, advises, employs, or contracts
19with any unlicensed person to practice colon hydrotherapy
20contrary to any rule or provision of this Act, shall be guilty
21of a Class A misdemeanor.
 
22    Section 175. Returned checks; fines. Any person who
23delivers a check or other payment to the Department that is
24returned to the Department unpaid by the financial institution

 

 

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1upon which it is drawn shall pay to the Department, in addition
2to the amount already owed to the Department, a fine of $50.
3The fines imposed by this Section are in addition to any other
4discipline provided under this Act for unlicensed practice or
5practice on a non-renewed license. The Department shall notify
6the person that payment of fees and fines shall be paid to the
7Department by certified check or money order within 30 calendar
8days after receipt of the notification. If after the expiration
9of 30 days after the date of the notification, the person has
10failed to submit the fee, the Department shall automatically
11terminate the license or deny the application without hearing.
12If, after termination or denial, the person seeks a license, he
13or she shall apply to the Department for restoration or
14issuance of the license and pay all fees and fines owed to the
15Department. The Department may establish a fee for the
16processing of an application for restoration of a license to
17pay all expenses of processing this application. The Secretary
18may waive the fines due under this Section in individual cases
19where the Secretary finds that the fines would be unreasonable
20or unnecessarily burdensome.
 
21    Section 180. Unlicensed practice; violation; civil
22penalty.
23    (a) Any person who practices, offers to practice, attempts
24to practice, or holds himself or herself out to practice colon
25hydrotherapy or as a colon hydrotherapist without being

 

 

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1licensed under this Act, or any person not licensed under this
2Act who aids, abets, assists, procures, advises, employs, or
3contracts with any unlicensed person to practice colon
4hydrotherapy contrary to any rules or provisions of this Act,
5shall, in addition to any other penalty provided by law, pay a
6civil penalty to the Department in an amount not to exceed
7$1,000 for each violation of this Act as determined by the
8Department. The civil penalty shall be assessed by the
9Department after a hearing is held in accordance with the
10provisions set forth in this Act regarding the provision of a
11hearing for the discipline of a licensee.
12    (b) The Department has the authority and power to
13investigate any unlicensed activity.
14    (c) The civil penalty shall be paid within 60 days after
15the effective date of the order imposing the civil penalty. The
16order shall constitute a judgment and may be filed and executed
17in the same manner as any judgment from any court of record.
18    (d) All moneys collected under this Section shall be
19deposited into the General Professions Dedicated Fund.
 
20    Section 185. Confidentiality. All information collected
21by the Department in the course of an examination or
22investigation of a licensee or applicant, including, but not
23limited to, any complaint against a licensee filed with the
24Department and information collected to investigate any such
25complaint, shall be maintained for the confidential use of the

 

 

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1Department and shall not be disclosed. The Department may not
2disclose the information to anyone other than law enforcement
3officials, regulatory agencies that have an appropriate
4regulatory interest as determined by the Secretary, or a party
5presenting a lawful subpoena to the Department. Information and
6documents disclosed to a federal, State, county, or local law
7enforcement agency shall not be disclosed by the agency for any
8purpose to any other agency or person. A formal complaint filed
9against a licensee by the Department or any order issued by the
10Department against a licensee or applicant shall be a public
11record, except as otherwise prohibited by law.
 
12    Section 190. Severability. If any provision of this Act or
13the application of any provision of this Act to any person or
14circumstance is held invalid, the invalidity does not affect
15other provisions or applications of the Act that can be given
16effect without the invalid provision or application, and for
17this purpose the provisions of this Act are severable.
 
18    Section 200. The Regulatory Sunset Act is amended by adding
19Section 4.34 as follows:
 
20    (5 ILCS 80/4.34 new)
21    Sec. 4.34. Act repealed on January 1, 2024. The following
22Act is repealed on January 1, 2024:
23    The Colon Hydrotherapist Licensing Act.
 

 

 

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1    Section 999. Effective date. This Act takes effect on
2January 1, 2014.