Illinois General Assembly - Full Text of SB1674
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Full Text of SB1674  102nd General Assembly

SB1674 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1674

 

Introduced 2/26/2021, by Sen. Linda Holmes

 

SYNOPSIS AS INTRODUCED:
 
New Act
5 ILCS 80/4.41 new

    Creates the Traditional Asian Healing Therapist Licensing Act. Provides for the licensure of traditional Asian healing therapist, which specifically includes the practice of Asian bodywork therapy, clinical Qigong therapy, and Thai bodywork therapy, by the Department of Financial and Professional Regulation. Creates the Traditional Asian Healing Therapist Licensing Board. Sets forth provisions concerning application, qualifications, grounds for disciplinary action, and administrative procedures. Amends the Regulatory Sunset Act to set a repeal date for the new Act of January 1, 2032. Effective immediately.


LRB102 11683 SPS 17017 b

FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1674LRB102 11683 SPS 17017 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
5Traditional Asian Healing Therapist Licensing Act.
 
6    Section 5. Declaration of public policy. The practice of
7traditional Asian healing therapy, specifically Asian bodywork
8therapy, clinical Qigong therapy, and Thai bodywork therapy,
9are hereby declared to affect the public health, safety, and
10welfare and to be subject to regulation in the public
11interest. The purpose of this Act is to protect and benefit the
12public by setting standards of qualifications, education,
13training, and experience for those who seek to practice
14traditional Asian healing therapy, to promote high standards
15of professional performance for those licensed to practice
16traditional Asian healing therapies in the State of Illinois,
17and to protect the public from unprofessional conduct by
18persons licensed to practice.
 
19    Section 10. Definitions. As used in this Act:
20    "Approved traditional Asian healing therapy school" means
21a facility that meets the minimum standards for training and
22curriculum as determined by the Department.

 

 

SB1674- 2 -LRB102 11683 SPS 17017 b

1    "Asian bodywork therapist" means a person who is licensed
2by the Department and administers Asian bodywork therapy for
3compensation.
4    "Asian bodywork therapy" means the evaluation and
5treatment of the body, mind, emotions, and spirit based upon
6Chinese medical principles using manual pressure and
7manipulation. "Asian bodywork therapy" includes, but is not
8limited to, assessment in accordance with Chinese medicine
9principles and assessment techniques. The scope of practice of
10Asian bodywork therapy applies traditional Chinese medicine
11principles and methodologies, including, but not limited to,
12using hands, forearms, elbows, knees, feet, or hand-held,
13non-puncturing, or mechanical appliances or devices that
14enhance treatment outcomes. "Asian bodywork therapy" includes,
15but is not limited to, the utilization of any or all of the
16following techniques: pressing, soothing, kneading, vibration,
17friction, passive stretching within the normal anatomical
18range of motion, active assistive and resistive movement and
19stretching, tapping, or exercising and manipulation of the
20soft tissues and fascia. Application and use of any of the
21following may be utilized by properly trained practitioners to
22assist in treatment: oils, lotions, gels, liniments, rubbing
23alcohol, powders, creams, cupping, moxibustion, gua sha,
24elastic therapeutic tape, instrument-assisted soft tissue
25mobilization, magnets, tuning forks, acupressure seeds, beads,
26press balls, teishins, enshins, zanshins, ion pumping cords,

 

 

SB1674- 3 -LRB102 11683 SPS 17017 b

1Manaka hammer and wooden needle, shonishin tools and other
2non-insertive tools and devices, hot and cold therapy
3(including heat lamps and heating pads), compresses, external
4application of medicinal plants, eastern lifestyle
5suggestions, and other techniques, practices, and adjunct
6therapies.
7    "Board" means the Traditional Asian Healing Therapist
8Licensing Board.
9    "Clinical Qigong therapist" means a person who is licensed
10by the Department and administers clinical Qigong therapy for
11compensation.
12    "Clinical Qigong therapy" means the evaluation and
13treatment of the body, mind, emotions, and spirit based upon
14Chinese medical principles and skills derived through
15self-cultivation. The scope of practice of clinical Qigong
16therapy includes Qi transmission through non-touch and light
17touch methods and prescription of Qigong exercises and
18meditations. Cupping, tuning forks, guasha, moxibustion,
19external application of medicinal plants, eastern lifestyle
20suggestions, and other techniques, practices, and adjunct
21therapies may be used by properly trained practitioners.
22    "Compensation" means the payment, loan, advance, donation,
23contribution, deposit, or gift of money or anything of value.
24    "Department" means the Department of Financial and
25Professional Regulation.
26    "Director" means the Director of Professional Regulation.

 

 

SB1674- 4 -LRB102 11683 SPS 17017 b

1    "Minimum standard of training" means at least 600 hours of
2training including anatomy, physiology, ethics, business,
3directly supervised clinical work, traditional health theories
4relevant to the practice of the therapy, and application of
5techniques, in addition to any definitions added by rule.
6    "NCCAOM" means the National Certification Commission for
7Acupuncture and Oriental Medicine.
8    "Secretary" means the Secretary of Financial and
9Professional Regulation.
10    "Thai bodywork therapist" means a person who is licensed
11by the Department and administers Thai bodywork therapy for
12compensation.
13    "Thai bodywork therapy" or "Thai bodywork" means a system
14of observation, evaluation, treatment of the body, mind, and
15spirit according to traditional Thai medicine principles. The
16system may include, but is not limited to, structured
17palpation or movement of the soft tissue of the body using
18techniques such as compression, kneading, thumbing,
19percussion, passive joint range of motion, and stretching
20activities as they pertain to bodywork therapy. The
21practitioner may use their hands, elbows, knees, or feet to
22affect desired changes in the soft tissue. The system may also
23include, but is not limited to, use of liniments, balms, gaan
24kroot (scraping), luk pra kob (warm herbal compresses), tok
25sen (vibrational therapy), external application of medicinal
26plants, eastern lifestyle suggestions including exercise,

 

 

SB1674- 5 -LRB102 11683 SPS 17017 b

1posture, sleep and diet, meditation, mantra and chanting,
2Buddhist philosophy, and other techniques or practices. These
3techniques may be applied by a licensed Thai bodywork
4therapist with or without the aid of lubricants, herbal
5preparations, or a non-mechanical device that mimics or
6enhances the actions possible by human hands. The purpose of
7the practice of Thai bodywork therapy, as licensed under this
8Act, is to enhance the general health and well-being of the
9mind, body, and spirit of the recipient and to relieve pain and
10suffering.
11    "Traditional Asian healing therapist" means a person who
12is licensed by the Department and administers traditional
13Asian healing therapy for compensation.
14    "Traditional Asian healing therapy" means the health care
15professions of Asian bodywork therapy, clinical Qigong
16therapy, and Thai bodywork therapy. "Traditional Asian healing
17therapy" does not include the diagnosis of a specific
18pathology, nor does it include acts of physical therapy or
19therapeutic or corrective measures that are outside the scope
20of Asian bodywork therapy, clinical Qigong therapy, and Thai
21bodywork therapy as defined in this Section.
 
22    Section 15. Licensure requirements.
23    (a) Beginning July 1, 2022, or the effective date of the
24rules adopted under this Act, whichever is later, persons
25engaged in traditional Asian healing therapy for compensation

 

 

SB1674- 6 -LRB102 11683 SPS 17017 b

1must be licensed by the Department. The Department shall issue
2a license to an individual who meets all of the following
3requirements:
4        (1) The applicant has applied in writing on the
5    prescribed forms and has paid the required fees.
6        (2) The applicant is at least 18 years of age and of
7    good moral character. In determining good moral character,
8    the Department may take into consideration the conviction
9    of any crime under the laws of the United States or any
10    state or territory thereof that is a felony or a
11    misdemeanor, or any crime that is directly related to the
12    practice of the profession, including the revocation of
13    any professional license due to immoral reasons. Such a
14    conviction or license revocation shall not operate
15    automatically as a complete bar to a license, except in
16    the case of any conviction for prostitution, rape, or
17    sexual misconduct, or where the applicant is a registered
18    sex offender.
19        (3) The applicant has met one of the following
20    requirements:
21            (A) has successfully completed the curriculum or
22        curriculums of one or more traditional Asian healing
23        therapy schools approved by the Department that
24        requires a minimum standard of training and has passed
25        a competency examination approved by the Board, to
26        include, but not be limited to, the NCCAOM ABT Exam

 

 

SB1674- 7 -LRB102 11683 SPS 17017 b

1        Module, National Certification Exam for Therapeutic
2        Massage and Bodywork, the Massage and Bodywork
3        Licensing Exam, or a traditional Asian healing therapy
4        certification or competency examination approved by
5        the Board;
6            (B) holds a current license from another
7        jurisdiction having licensure requirements that meet
8        or exceed those defined within this Act; or
9            (C) has moved to Illinois from a jurisdiction with
10        no licensure requirement, and has met one of the
11        following requirements:
12                (i) has provided documentation that he or she
13            is currently certified by the National
14            Certification Commission for Acupuncture and
15            Oriental Medicine as a Diplomate in Asian Bodywork
16            Therapy;
17                (ii) has successfully passed another
18            traditional Asian healing therapy certifying
19            examination approved by the Board; or
20                (iii) is a member in good standing of the
21            American Organization for Bodywork Therapies of
22            Asia, the National Qigong Association, the Thai
23            Healing Alliance International, or another
24            professional membership association approved by
25            the Board or Department, at a level of membership
26            as specified by rule.

 

 

SB1674- 8 -LRB102 11683 SPS 17017 b

1    (b) Each applicant for licensure as a traditional Asian
2healing therapist shall have his or her fingerprints submitted
3to the Illinois State Police in an electronic format that
4complies with the form and manner for requesting and
5furnishing criminal history record information as prescribed
6by the Illinois State Police. These fingerprints shall be
7checked against the Illinois State Police and Federal Bureau
8of Investigation criminal history record databases now and
9hereafter filed. The Illinois State Police shall charge
10applicants a fee for conducting the criminal history records
11check, which shall be deposited into the State Police Services
12Fund and shall not exceed the actual cost of the records check.
13The Illinois State Police shall furnish, pursuant to positive
14identification, records of Illinois convictions to the
15Department. The Department may require applicants to pay a
16separate fingerprinting fee, either to the Department or to a
17vendor. The Department, in its discretion, may allow an
18applicant who does not have reasonable access to a designated
19vendor to provide his or her fingerprints in an alternative
20manner. The Department may adopt any rules necessary to
21implement this Section.
 
22    Section 20. Licensure of current practitioners.
23    (a) For a period of one year after the effective date of
24the rules adopted under this Act, the Department may issue a
25license to an individual who, in addition to meeting the

 

 

SB1674- 9 -LRB102 11683 SPS 17017 b

1requirements set forth in the previous Section, produces proof
2that he or she has met at least one of the following
3requirements by the time of application:
4        (1) is a registered active member of a nationally
5    recognized Asian bodywork therapy, clinical Qigong therapy
6    or Thai bodywork therapy professional organization
7    approved by the Board or Department, at a membership or
8    certification level approved by the Board or Department,
9    based on a verified minimum level of training,
10    demonstration of competency, and adherence to ethical
11    standards set by their governing body; for purposes of
12    this paragraph (1), "active member" does not include
13    students;
14        (2) is a member of the American Organization for
15    Bodywork Therapies of Asia at a level of membership
16    requiring at least 500 hours of training, including
17    Certified Practitioner, Registered Instructor, or
18    Certified Instructor;
19        (3) is a member of the Thai Healing Alliance
20    International at a level of membership requiring at least
21    200 hours of training, including Registered Thai Therapist
22    or Instructor;
23        (4) is certified by the National Qigong Association as
24    a Clinical Qigong Practitioner with a minimum of 500 hours
25    of training;
26        (5) has practiced any traditional Asian healing

 

 

SB1674- 10 -LRB102 11683 SPS 17017 b

1    therapy as listed in subsection (a) of Section 30 of this
2    Act for at least one year prior to July 1, 2021, or the
3    effective date of this Act, whichever is later, has
4    completed 200 hours of formal training, and has maintained
5    professional liability insurance without incident;
6        (6) has practiced any of the traditional Asian healing
7    therapy as listed in subsection (a) of Section 30 of this
8    Act for at least 10 years prior to July 1, 2021, or the
9    effective date of this Act, whichever is later and has
10    maintained professional liability insurance without
11    incident; or
12        (7) is currently certified by the National
13    Certification Commission for Acupuncture and Oriental
14    Medicine as a Diplomate in Asian Bodywork Therapy.
15    (b) An individual who has practiced traditional Asian
16healing therapy for a minimum of one year prior to July 1,
172021, or the effective date of this Act, whichever is later,
18but has less than 200 hours of formal training, or an
19individual who has practiced for less than one year, but has
20200 hours of formal training, may be issued a license under
21this Section, but must complete at least 100 additional hours
22of formal training consisting of at least 25 hours in anatomy
23and physiology by July 1, 2023 or 2 years after the effective
24date of the rules adopted under this Act, whichever is later.
25    (c) For purposes of this Section, "formal training" is
26described as a traditional Asian healing therapy curriculum

 

 

SB1674- 11 -LRB102 11683 SPS 17017 b

1approved or endorsed by the American Organization for Bodywork
2Therapies of Asia Council of Schools and Programs, the
3National Certification Board for Therapeutic Massage and
4Bodywork, the Commission on Massage Therapy Accreditation, the
5Illinois State Board of Education, the Illinois Board of
6Higher Education, or course work approved by the Board or
7Department.
 
8    Section 25. Exemptions.
9    (a) This Act does not prohibit a person licensed under any
10other Act in this State from engaging in the profession for
11which he or she is licensed.
12    (b) Nothing in this Act prohibits a student of an approved
13traditional Asian healing therapy school or program from
14performing traditional Asian healing therapy, provided that
15the student does not hold himself or herself out as a licensed
16traditional Asian healing therapist and does not receive
17compensation for traditional Asian healing therapy services.
18    (c) Nothing in this Act applies to acupuncturists licensed
19under the Acupuncture Practice Act.
20    (d) Nothing in this Act applies to traditional Asian
21healing therapists or acupuncturists from other states,
22territories, or countries when providing educational programs
23or services for a period not exceeding 30 days within a
24calendar year.
25    (e) Nothing in this Act prohibits a person from engaging

 

 

SB1674- 12 -LRB102 11683 SPS 17017 b

1in the personal practice or instruction of Qigong
2self-improvement exercises or meditations that are not
3specifically defined in Section 10 of this Act.
4    (f) Nothing in this Act prohibits a person from engaging
5in a profession not specifically named or defined within this
6Act.
 
7    Section 30. Title protection.
8    (a) Persons regulated by this Act are designated as a
9traditional Asian healing therapists and, therefore, are
10exclusively entitled to utilize the terms that reflect their
11credentials of Asian bodywork, Asian bodywork therapy,
12clinical Qigong, clinical Qigong therapy, Thai bodywork, Thai
13bodywork therapy, and their abbreviations or derivations, or
14any specific titles, abbreviations or derivations of Asian
15bodywork therapy forms when advertising or printing
16promotional material. Protected Asian bodywork therapy
17form-specific titles include, but are not limited to,
18"Acupressure," "Amma", "Amma Therapy", "Chi Nei Tsang", "Five
19Element Shiatsu", "Integrative Eclectic Shiatsu", "Japanese
20Shiatsu", "Jin Shin Do Bodymind Acupressure", "Jin Shou
21Tuina", "Macrobiotic Shiatsu", "Nuad Bo 'Rarn", "Okazaki
22Restorative Therapy", "Pacific and Asian Restoration Therapies
23of Danzan Ryu", "Shiatsu", "Shiatsu Anma Therapy", "Tuina",
24and "Zen Shiatsu".
25    (b) Anyone who knowingly aids and abets one or more

 

 

SB1674- 13 -LRB102 11683 SPS 17017 b

1persons not authorized to use a professional title,
2abbreviation, or derivation thereof regulated by this Act, or
3knowingly employs persons not authorized to use the regulated
4professional title in the course of their employment, commits
5a violation of this Act.
6    (c) Anyone not authorized under this Act to utilize the
7regulated professional titles, abbreviations, or derivations
8thereof and who knowingly utilizes these terms when
9advertising commits a violation of this Act.
 
10    Section 35. Traditional Asian Healing Therapist Licensing
11Board.
12    (a) The Director shall appoint a Traditional Asian Healing
13Therapist Licensing Board, which shall serve in an advisory
14capacity to the Director. The Board shall consist of 7
15members, 6 of whom shall be therapists with at least 3 years of
16experience in traditional Asian healing therapy. At least one
17of the 6 therapist members shall represent a traditional Asian
18healing therapy school. One member of the Board shall be a
19member of the public who is not licensed under this Act or a
20similar Act in Illinois or another jurisdiction. Membership on
21the Board shall reasonably reflect the various traditional
22Asian healing therapy forms. Membership on the Board shall
23reasonably reflect the geographic areas of the State. The
24Board shall meet annually to elect a chairperson and vice
25chairperson. The Board shall hold regularly scheduled meetings

 

 

SB1674- 14 -LRB102 11683 SPS 17017 b

1during the year. A simple majority of the Board shall
2constitute a quorum at any meeting. Any action taken by the
3Board must be on the affirmative vote of a simple majority of
4members. Voting by proxy shall not be permitted. The Board
5shall convene meetings either in person or via an electronic
6format in accordance with the Open Meetings Act at the
7discretion of the Director.
8    (b) Members shall be appointed to a 3-year term, except
9that initial appointees shall serve the following terms: 2
10members shall serve for one year, 2 members shall serve for 2
11years, and 3 members shall serve for 3 years. A member whose
12term has expired shall continue to serve until his or her
13successor is appointed. No member shall be reappointed to the
14Board for a term that would cause his or her continuous service
15on the Board to exceed 9 years. Appointments to fill vacancies
16shall be made in the same manner as the original appointments
17for the unexpired portion of the vacated term.
18    (c) The members of the Board are entitled to receive
19compensation for all legitimate and necessary expenses
20incurred while attending Board and Department meetings.
21    (d) Members of the Board shall be immune from suit in any
22action based upon any disciplinary proceedings or other
23activities performed in good faith as members of the Board.
24    (e) The Director shall consider the recommendations of the
25Board on questions involving the standards of professional
26conduct, discipline, and qualifications of candidates and

 

 

SB1674- 15 -LRB102 11683 SPS 17017 b

1licensees under this Act. Nothing shall limit the ability of
2the Board to provide recommendations to the Director in regard
3to any matter affecting the administration of this Act. The
4Director shall give due consideration to all recommendations
5of the Board. If the Director takes action contrary to a
6recommendation of the Board, the Director shall provide a
7written explanation of that action.
8    (f) The Director may terminate the appointment of any
9member for cause that, in the opinion of the Director,
10reasonably justifies termination, which may include, but is
11not limited to, a Board member who does not attend 2
12consecutive meetings.
 
13    Section 40. Duties of the Department. The Department shall
14exercise the powers and duties prescribed by the Civil
15Administrative Code of Illinois for administration of
16licensing acts and shall exercise other powers and duties
17necessary for effectuating the purpose of this Act. The
18Department shall adopt rules to implement, interpret, or make
19specific the provisions and purposes of this Act; however, no
20such rules shall be adopted by the Department except upon
21review and approval by the Board.
 
22    Section 45. Grounds for discipline.
23    (a) The Department may refuse to issue or renew, or may
24revoke, suspend, place on probation, reprimand, or take other

 

 

SB1674- 16 -LRB102 11683 SPS 17017 b

1disciplinary action, as the Department considers appropriate,
2including the imposition of fines not to exceed $1,000 for
3each violation, with regard to any license or licensee for any
4one or more of the following:
5        (1) violations of this Act or of the rules adopted
6    under this Act;
7        (2) conviction by plea of guilty or nolo contendere,
8    finding of guilt, jury verdict, or entry of judgment or by
9    sentencing of any crime, including, but not limited to,
10    convictions, preceding sentences of supervision,
11    conditional discharge, or first offender probation, under
12    the laws of any jurisdiction of the United States: (i)
13    that is a felony, or (ii) that is a misdemeanor, an
14    essential element of which is dishonesty, or that is
15    directly related to the practice of the profession;
16        (3) professional incompetence;
17        (4) advertising in a false, deceptive, or misleading
18    manner; this includes advertising using form-specific
19    titles, initials, abbreviations, or their derivations
20    protected under subsection (a) of this Section 30 of this
21    Act without adequate training in the form;
22        (5) aiding, abetting, assisting, procuring, advising,
23    employing, or contracting with any unlicensed person to
24    practice traditional Asian healing therapy contrary to any
25    rules or provisions of this Act;
26        (6) engaging in immoral conduct in the commission of

 

 

SB1674- 17 -LRB102 11683 SPS 17017 b

1    any act, such as sexual abuse, sexual misconduct, or
2    sexual exploitation, related to the licensee's practice;
3        (7) engaging in dishonorable, unethical, or
4    unprofessional conduct of a character likely to deceive,
5    defraud, or harm the public;
6        (8) practicing or offering to practice beyond the
7    scope permitted by law or accepting and performing
8    professional responsibilities that the licensee knows or
9    has reason to know that he or she is not competent to
10    perform;
11        (9) knowingly delegating professional
12    responsibilities to a person unqualified by training,
13    experience, or licensure to perform;
14        (10) failing to provide information in response to a
15    written request made by the Department within 60 days;
16        (11) having a habitual or excessive use of or
17    addiction to alcohol, narcotics, stimulants, or any other
18    chemical agent or drug that results in the inability to
19    practice 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) discipline by another state, District of
24    Columbia, territory, or foreign nation, if at least one of
25    the grounds for the discipline is the same or
26    substantially equivalent to those set forth in this

 

 

SB1674- 18 -LRB102 11683 SPS 17017 b

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

 

 

SB1674- 19 -LRB102 11683 SPS 17017 b

1        (21) cheating on or attempting to subvert the
2    licensing examination administered under this Act.
3    All fines shall be paid within 60 days after the effective
4date of the order imposing the fine.
5    (b) A person not licensed under this Act and engaged in the
6business of offering traditional Asian healing therapy
7services through others shall not aid, abet, assist, procure,
8advise, employ, or contract with any unlicensed person to
9practice traditional Asian healing therapy contrary to any
10rules or provisions of this Act. A person violating this
11subsection (b) shall be treated as a licensee for the purposes
12of disciplinary action under this Section and shall be subject
13to cease and desist orders as provided in Section 90 of this
14Act.
15    (c) The Department shall revoke the license issued under
16this Act of any person who is convicted of prostitution, rape,
17sexual misconduct, or any crime that subjects the licensee to
18compliance with the requirements of the Sex Offender
19Registration Act and any such conviction shall operate as a
20permanent bar in the State of Illinois to practice as a
21traditional Asian healing therapist.
22    (d) The Department may refuse to issue or may suspend the
23license of any person who fails to file a tax return, to pay
24the tax, penalty, or interest shown in a filed tax return, or
25to pay any final assessment of tax, penalty, or interest, as
26required by any tax Act administered by the Illinois

 

 

SB1674- 20 -LRB102 11683 SPS 17017 b

1Department of Revenue, until the requirements of the tax Act
2are satisfied in accordance with subsection (g) of Section
32105-15 of the Professional Regulation Law of the Civil
4Administrative Code of Illinois.
5    (e) In cases where the Department of Healthcare and Family
6Services has previously determined that a licensee or a
7potential licensee is more than 30 days delinquent in the
8payment of child support and has subsequently certified the
9delinquency to the Department, the Department may refuse to
10issue or renew or may revoke or suspend that person's license
11or may take other disciplinary action against that person
12based solely upon the certification of delinquency made by the
13Department of Healthcare and Family Services in accordance
14with item (5) of subsection (a) of Section 2105-15 of the
15Professional Regulation Law of the Civil Administrative Code
16of Illinois.
17    (f) The determination by a circuit court that a licensee
18is subject to involuntary admission or judicial admission, as
19provided in the Mental Health and Developmental Disabilities
20Code, operates as an automatic suspension. The suspension will
21end only upon a finding by a court that the patient is no
22longer subject to involuntary admission or judicial admission
23and the issuance of a court order so finding and discharging
24the patient.
25    In instances in which the Director immediately suspends a
26person's license under this Section, a hearing on that

 

 

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1person's license must be convened by the Department within 15
2days after the suspension and completed without appreciable
3delay. The Department and Board shall have the authority to
4review the subject individual's record of treatment and
5counseling regarding the impairment to the extent permitted by
6applicable federal statutes and regulations safeguarding the
7confidentiality of medical records.
8    An individual licensed under this Act and affected under
9this Section shall be afforded an opportunity to demonstrate
10to the Department or Board that he or she can resume practice
11in compliance with acceptable and prevailing standards under
12the provisions of his or her license.
 
13    Section 50. Advertising. It is a violation of this Act for
14any person, organization, or corporation to advertise
15traditional Asian healing therapy services unless the person
16providing the service holds a valid license under this Act,
17except for those excluded licensed professionals who are
18allowed to include traditional Asian healing therapy in their
19scope of practice. A traditional Asian healing therapist may
20not advertise unless he or she has a current license issued by
21this State. As used in this Section, "advertise" includes, but
22is not limited to, the issuance of any card, sign, or device to
23any person; the causing, permitting, or allowing of any sign
24or marking on or in any building, vehicle, or structure;
25advertising in any newspaper, magazine, or digital media; any

 

 

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1listing or advertising in any directory under a classification
2or heading that includes the words "Asian bodywork", "Asian
3bodywork therapy", "clinical Qigong", "clinical Qigong
4therapy", "Thai bodywork", "Thai bodywork therapy", or any
5form-specific titles as specified in subsection (a) of Section
630 of this Act; or commercials broadcast by any means.
 
7    Section 55. Exclusive jurisdiction. Beginning July 1,
82022, or the effective date of the rules adopted under this
9Act, whichever is later, the regulation and licensing of
10traditional Asian healing therapy is an exclusive power and
11function of the State of Illinois. Beginning July 1, 2022, or
12the effective date of the rules adopted under this Act,
13whichever is later, a home rule unit may not regulate or
14license traditional Asian healing therapists or traditional
15Asian healing therapy establishments. This Section is a denial
16and limitation of home rule powers and functions under
17subsection (h) of Section 6 of Article VII of the Illinois
18Constitution.
 
19    Section 60. Illinois Administrative Procedure Act. The
20Illinois Administrative Procedure Act is hereby expressly
21adopted and incorporated herein as if all of the provisions of
22that Act were included in this Act, except that the provisions
23of subsection (d) of Section 10-65 of the Illinois
24Administrative Procedure Act that provides that at hearings

 

 

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1the licensee has the right to show compliance with all lawful
2requirements for retention, continuation, or renewal of the
3license is specifically excluded. For the purposes of this Act
4the notice required under Section 10-25 of the Illinois
5Administrative Procedure Act is deemed sufficient when mailed
6to the last known address of a party.
 
7    Section 65. Renewal of licenses. The expiration date and
8renewal period for each license issued under this Act shall be
9set by rule.
 
10    Section 67. Continuing education. The Department shall
11adopt rules for continuing education for persons licensed
12under this Act that require a completion of 12 hours of
13approved continuing education per year in the license renewal
14period. The Department shall establish by rule a means for the
15verification of completion of the continuing education
16required by this Section. This verification may be
17accomplished through audits of records maintained by the
18licensee, by requiring the filing of continuing education
19certificates with the Department, or by other means
20established by the Department. Licensees are required to
21maintain proof of continuing education or certificates for a
22period of 3 years.
 
23    Section 70. Restoration of expired licenses. A traditional

 

 

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1Asian healing therapist who has permitted his or her license
2to expire or who has had his or her license on inactive status
3may have his or her license restored by making application to
4the Department and filing proof acceptable to the Department
5of his or her fitness to have his or her license restored, and
6by paying the required restoration fee and showing proof of
7completion of the required continuing education. Acceptable
8proof may include sworn evidence certifying to active practice
9in another jurisdiction satisfactory to the Department, or
10sworn verification that while on inactive status the therapist
11did not practice for compensation without a license. Licensees
12must provide proof of completion of 24 hours of approved
13continuing education to renew their license.
14    However, a traditional Asian healing therapist whose
15license has expired while he or she has been engaged, (i) in
16active duty with the Army of the United States, the United
17States Navy, the Marine Corps, the Air Force, the Coast Guard,
18or the State Militia called into the service or training of the
19United States of America, or (ii) in training or education
20under the supervision of the United States preliminary to
21induction into military service, may have his or her license
22restored without paying any lapsed renewal fees or restoration
23fee if, within 2 years after termination of the service,
24training, or education, other than by dishonorable discharge,
25he or she furnishes the Department with an affidavit to the
26effect that he or she has been so engaged and that his or her

 

 

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1service, training, or education has been terminated.
 
2    Section 75. Inactive licenses. A traditional Asian healing
3therapist who notifies the Department in writing on forms
4prescribed by the Department may elect to place his or her
5license on inactive status and shall, subject to rules of the
6Department, be excused from payment of renewal fees until he
7or she notifies the Department in writing of his or her desire
8to resume active status.
9    A traditional Asian healing therapist requesting
10restoration from inactive status shall be required to pay the
11current renewal fee and shall be required to restore his or her
12license as provided in Section 70 of this Act.
13    A traditional Asian healing therapist whose license is on
14inactive status shall not practice traditional Asian healing
15therapy in the State, and any practice conducted shall be
16deemed unlicensed practice.
 
17    Section 80. Fees. The fees assessed under this Act shall
18be set by rule.
 
19    Section 85. Deposit of fees and fines; appropriations. All
20fees and fines collected under this Act shall be deposited
21into the General Professions Dedicated Fund. All moneys in the
22Fund shall be used by the Department of Financial and
23Professional Regulation, as appropriated, for the ordinary and

 

 

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1contingent expenses of the Department.
 
2    Section 90. Violations; injunction; cease and desist
3order.
4    (a) If any person violates a provision of this Act, the
5Director may, in the name of the People of the State of
6Illinois, through the Attorney General of the State of
7Illinois or the State's Attorney in the county in which the
8offense occurs, petition for an order enjoining the violation
9or for an order enforcing compliance with this Act. Upon the
10filing of a verified petition in court, the court may issue a
11temporary restraining order, without notice or bond, and may
12preliminarily and permanently enjoin the violation. If it is
13established that the person has violated or is violating the
14injunction, the court may punish the offender for contempt of
15court. Proceedings under this Section shall be in addition to,
16and not in lieu of, all other remedies and penalties provided
17by this Act.
18    (b) If, after July 1, 2022, or the effective date of the
19rules adopted under this Act, whichever is later, any person
20practices as a traditional Asian healing therapist or holds
21himself or herself out as a traditional Asian healing
22therapist without being licensed under the provisions of this
23Act, then the Director, any licensed traditional Asian healing
24therapist, any interested party, or any person injured thereby
25may petition for relief as provided in subsection (a) of this

 

 

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1Section or may apply to the circuit court of the county in
2which the violation or some part thereof occurred, or in which
3the person complained of has his or her principal place of
4business or resides, to prevent the violation. The court has
5jurisdiction to enforce obedience by injunction or by other
6process restricting the person complained of from further
7violation and enjoining upon him or her obedience.
8    (c) Whenever, in the opinion of the Department, a person
9violates any provision of this Act, the Department may issue a
10rule for the person to show cause why an order to cease and
11desist should not be entered against him or her. The rule shall
12clearly set forth the grounds relied upon by the Department
13and shall provide a period of 7 days from the date of the rule
14to file an answer to the satisfaction of the Department.
15Failure to answer to the satisfaction of the Department shall
16cause an order to cease and desist to be issued immediately.
 
17    Section 95. Investigations; notice and hearing. The
18Department may investigate the actions of any applicant or of
19any person holding or claiming to hold a license. The
20Department shall, before refusing to issue or renew a license
21or to discipline a licensee pursuant to Section 45, notify the
22applicant or holder of a license in writing, at least 30 days
23prior to the date set for the hearing, of the nature of the
24charges and that a hearing will be held on the date designated.
25The notice shall direct the applicant or licensee to file a

 

 

SB1674- 28 -LRB102 11683 SPS 17017 b

1written answer to the Board under oath within 20 days after the
2service of the notice, and shall inform the applicant or
3licensee that failure to file an answer will result in a
4default judgment being entered against the applicant or
5licensee. A default judgment may result in the license being
6suspended, revoked, or placed on probationary status, or other
7disciplinary action may be taken, including limiting the
8scope, nature, or extent of practice, as the Director may deem
9proper. Written notice may be served by personal delivery or
10certified or registered mail to the respondent at the address
11of his or her last notification to the Department. If the
12person fails to file an answer after receiving notice, his or
13her license or certificate may, in the discretion of the
14Department, be suspended, revoked, or placed on probationary
15status and the Department may take whatever disciplinary
16action it deems proper, including limiting the scope, nature,
17or extent of the person's practice or the imposition of a fine,
18without a hearing, if the act or acts charged constitute
19sufficient grounds for that action under this Act. At the time
20and place fixed in the notice, the Board shall proceed to hear
21the charges and the parties or their counsel shall be accorded
22ample opportunity to present statements, testimony, evidence
23and argument that may be pertinent to the charges or to the
24licensee's defense. The Board may continue a hearing from time
25to time.
 

 

 

SB1674- 29 -LRB102 11683 SPS 17017 b

1    Section 100. Stenographer; transcript. The Department, at
2its expense, shall preserve a record of all proceedings at the
3formal hearing of any case involving the refusal to issue or
4renew a license or the discipline of a licensee. The notice of
5hearing, complaint and all other documents in the nature of
6pleadings and written motions filed in the proceedings, the
7transcript of testimony, the report of the Board, and the
8order of the Department shall be the record of the proceeding.
 
9    Section 105. Compelling testimony. Any circuit court, upon
10application of the Department or its designee or of the
11applicant or licensee against whom proceedings pursuant to
12Section 95 of this Act are pending, may enter an order
13requiring the attendance of witnesses and their testimony and
14the production of documents, papers, files, books, and records
15in connection with any hearing or investigation. The court may
16compel obedience to its order by proceedings for contempt.
 
17    Section 110. Findings and recommendations. At the
18conclusion of the hearing, the Board shall present to the
19Director a written report of its findings and recommendations.
20The report shall contain a finding of whether or not the
21accused person violated this Act or failed to comply with the
22conditions required in this Act. The Board shall specify the
23nature of the violation or failure to comply and shall make its
24recommendations to the Director.

 

 

SB1674- 30 -LRB102 11683 SPS 17017 b

1    The report of findings and recommendations of the Board
2shall be the basis for the Department's order or refusal or for
3the granting of a license unless the Director shall determine
4that the Board's report is contrary to the manifest weight of
5the evidence, in which case the Director may issue an order in
6contravention of the Board's report. The finding is not
7admissible in evidence against the person in a criminal
8prosecution brought for the violation of this Act, but the
9hearing and finding are not a bar to a criminal prosecution
10brought for the violation of this Act.
 
11    Section 115. Rehearing. In any case involving the refusal
12to issue or renew a license or discipline of a licensee, a copy
13of the Board's report shall be served upon the respondent by
14the Department, either personally or as provided in this Act
15for the service of the notice of hearing. Within 20 days after
16service, the respondent may present to the Department a
17motion, in writing and specifying particular grounds for a
18rehearing. If no motion for rehearing is filed, then upon the
19expiration of the time specified for filing the motion, or if a
20motion for rehearing is denied, then upon the denial, the
21Director may enter an order in accordance with recommendations
22of the Board, except as provided in Section 110 of this Act. If
23the respondent shall order from the reporting service and pay
24for a transcript of the record within the time for filing a
25motion for rehearing, the 20-day period within which the

 

 

SB1674- 31 -LRB102 11683 SPS 17017 b

1motion may be filed shall commence upon the delivery of the
2transcript to the respondent.
 
3    Section 120. Director; rehearing. Whenever the Director is
4satisfied that substantial justice has not been done in the
5revocation, suspension, or refusal to issue or renew a
6license, the Director may order a rehearing by the same or
7other examiners.
 
8    Section 125. Appointment of a hearing officer. The
9Director shall have the authority to appoint any attorney duly
10licensed to practice law in this State to serve as the hearing
11officer in any action for refusal to issue or renew a license
12or permit or for the discipline of a licensee. The hearing
13officer shall have full authority to conduct the hearing. At
14least one member of the Board shall attend each hearing. The
15hearing officer shall report his or her findings and
16recommendations to the Board and the Director. The Board shall
17have 60 days after receipt of the report to review the report
18of the hearing officer and present its findings of fact,
19conclusions of law, and recommendations to the Director. If
20the Board fails to present its report within the 60-day
21period, the Director shall issue an order based on the report
22of the hearing officer. If the Director determines that the
23Board's report is contrary to the manifest weight of the
24evidence, he or she may issue an order in contravention of the

 

 

SB1674- 32 -LRB102 11683 SPS 17017 b

1Board's report.
 
2    Section 130. Order or certified copy; prima facie proof.
3An order or a certified copy thereof, over the seal of the
4Department and purporting to be signed by the Director, shall
5be prima facie proof that:
6        (1) the signature is the genuine signature of the
7    Director;
8        (2) the Director is duly appointed and qualified; and
9        (3) the Board and the members of the Board are
10    qualified to act.
 
11    Section 135. Restoration of license from discipline. At
12any time after the successful completion of a term of
13indefinite probation, suspension, or revocation of a license,
14the Department may restore the license to the licensee, upon
15written recommendation of the Board, unless after an
16investigation and a hearing the Director determines that
17restoration is not in the public interest. No person or entity
18whose license, certificate, or authority has been revoked as
19authorized in this Act may apply for restoration of that
20license, certification, or authority as provided for in the
21Civil Administrative Code of Illinois.
 
22    Section 140. Surrender of license. Upon the revocation or
23suspension of any license, the licensee shall surrender the

 

 

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1license to the Department and, if the licensee fails to do so,
2the Department shall have the right to seize the license.
 
3    Section 145. Temporary suspension of a license. The
4Director may temporarily suspend the license of a traditional
5Asian healing therapist without a hearing, simultaneously with
6the institution of proceedings for a hearing provided for in
7Section 95 of this Act, if the Director finds that the evidence
8in his or her possession indicates that continuation in
9practice would constitute an imminent danger to the public.
10The Director temporarily suspends the license of a traditional
11Asian healing therapist without a hearing, a hearing by the
12Board must be held within 30 calendar days after the
13suspension has occurred.
 
14    Section 150. Administrative review; venue. All final
15administrative decisions of the Department are subject to
16judicial review under the Administrative Review Law and its
17rules. The term "administrative decision" is defined as in
18Section 3-101 of the Code of Civil Procedure.
19    Proceedings for judicial review shall be commenced in the
20circuit court of the county in which the party applying for
21relief resides; but if the party is not a resident of this
22State, the venue shall be in Sangamon County.
23    The Department shall not be required to certify any record
24to the court or file any answer in court or otherwise appear in

 

 

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1any court in a judicial review proceeding, unless and until
2the Department has received from the plaintiff payment of the
3costs of furnishing and certifying the record, which costs
4shall be determined by the Department. Failure on the part of
5the plaintiff to file a receipt in court shall be grounds for
6dismissal of the action.
 
7    Section 155. Violations.
8    (a) A person who is found to have violated any provision of
9this Act is guilty of a Class A misdemeanor for the first
10offense and a Class 4 felony for the second and any subsequent
11offense.
12    (b) Any person representing himself or herself or
13advertising as an Asian bodywork therapist, clinical Qigong
14therapist, Thai bodywork therapist, or derivations thereof, or
15that the services he or she renders are defined in Section 10,
16or who uses any titles, words, or derivations thereof as
17listed in subsection (a) of Section 30 of this Act, or who uses
18any initials, abbreviations or letters, including, but not
19limited to "ABT", "CQT", "TBT", indicating that he or she is
20engaged in the practice of Asian bodywork therapy, clinical
21Qigong therapy, or Thai bodywork therapy when he or she does
22not possess a currently valid license commits a Class A
23misdemeanor for a first offense and a Class 4 felony for a
24second or subsequent offense.
25    (c) Whoever knowingly practices or offers to practice any

 

 

SB1674- 35 -LRB102 11683 SPS 17017 b

1form of Asian bodywork therapy, clinical Qigong therapy, or
2Thai bodywork therapy in this State without a license for that
3purpose, or whoever knowingly aids, abets, assists, procures,
4advises, employs, or contracts with any unlicensed person to
5practice any form of Asian bodywork therapy, clinical Qigong
6therapy, or Thai bodywork therapy contrary to any rule or
7provision of this Act, shall be guilty of a Class A misdemeanor
8for a first offense and shall be guilty of a Class 4 felony for
9a second or subsequent offense.
 
10    Section 160. Returned checks; fines. Any person who
11delivers a check or other payment to the Department that is
12returned to the Department unpaid by the financial institution
13upon which it is drawn shall pay to the Department, in addition
14to the amount already owed to the Department, a fine of $50.
15The fines imposed by this Section are in addition to any other
16discipline provided under this Act for unlicensed practice or
17practice on a non-renewed license. The Department shall notify
18the person that payment of fees and fines shall be paid to the
19Department by certified check or money order within 30
20calendar days of the notification. If, after the expiration of
2130 days after the date of the notification, the person has
22failed to submit the necessary remittance, the Department
23shall automatically terminate the license or deny the
24application, without hearing. If, after termination or denial,
25the person seeks a license, he or she shall apply to the

 

 

SB1674- 36 -LRB102 11683 SPS 17017 b

1Department for restoration or issuance of the license and pay
2all fees and fines due to the Department. The Department may
3establish a fee for the processing of an application for
4restoration of a license to pay all expenses of processing
5this application. The Director may waive the fines due under
6this Section in individual cases where the Director finds that
7the fines would be unreasonable or unnecessarily burdensome.
 
8    Section 165. Unlicensed practice; violation; civil
9penalty.
10    (a) Any person who practices, offers to practice, attempts
11to practice, or holds himself or herself out to practice
12traditional Asian healing therapy or as a traditional Asian
13healing therapist without being licensed under this Act, or
14any person not licensed under this Act who aids, abets,
15assists, procures, advises, employs, or contracts with any
16unlicensed person to practice traditional Asian healing
17therapy contrary to any rules or provisions of this Act,
18shall, in addition to any other penalty provided by law, pay a
19civil penalty to the Department in an amount not to exceed
20$1,000 for each violation of this Act as determined by the
21Department. The civil penalty shall be assessed by the
22Department after a hearing is held in accordance with the
23provisions set forth in this Act regarding the provision of a
24hearing for the discipline of a licensee.
25    (b) The Department has the authority and power to

 

 

SB1674- 37 -LRB102 11683 SPS 17017 b

1investigate any unlicensed activity.
2    (c) The civil penalty shall be paid within 60 days after
3the effective date of the order imposing the civil penalty.
4The order shall constitute a judgment and may be filed, and
5execution had thereon in the same manner as any judgment from
6any court of record.
 
7    Section 170. Severability. If any provision of this Act or
8the application of any provision of this Act to any person or
9circumstance is held invalid, the invalidity does not affect
10other provisions or applications of the Act that can be given
11effect without the invalid provision or application, and for
12this purpose the provisions of this Act are severable.
 
13    Section 900. The Regulatory Sunset Act is amended by
14adding Section 4.41 as follows:
 
15    (5 ILCS 80/4.41 new)
16    Sec. 4.41. Act repealed on January 1, 2032. The following
17Act is repealed on January 1, 2032:
18    The Traditional Asian Healing Therapist Licensing Act.
 
19    Section 999. Effective date. This Act takes effect upon
20becoming law.