Full Text of SB1651 98th General Assembly
SB1651sam001 98TH GENERAL ASSEMBLY | Sen. Iris Y. Martinez Filed: 3/6/2013
| | 09800SB1651sam001 | | LRB098 10562 MGM 42358 a |
|
| 1 | | AMENDMENT TO SENATE BILL 1651
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1651 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the Colon | 5 | | Hydrotherapist Licensing Act. | 6 | | Section 5. Declaration of public policy. The purpose of | 7 | | this Act is to protect and benefit the public by setting | 8 | | standards of qualifications, education, training, and | 9 | | experience for those who seek to practice colon hydrotherapy, | 10 | | to promote high standards of professional performance for those | 11 | | licensed to practice colon hydrotherapy in this State, and to | 12 | | protect the public from unprofessional conduct by persons | 13 | | licensed to practice colon hydrotherapy. | 14 | | Section 10. Definitions. As used in this Act: | 15 | | "Address of record" means the designated address recorded |
| | | 09800SB1651sam001 | - 2 - | LRB098 10562 MGM 42358 a |
|
| 1 | | by the Department in the applicant's or licensee's application | 2 | | file or license file as maintained by the Department's | 3 | | licensure maintenance unit. It is the duty of the applicant or | 4 | | licensee to inform the Department of any change of address and | 5 | | those changes must be made either through the Department's | 6 | | website or by contacting the Department. | 7 | | "Approved colon hydrotherapy school" means a program that | 8 | | meets the minimum standards for training and curriculum | 9 | | determined by the Department. | 10 | | "Board" means the Colon Hydrotherapy Licensing Board | 11 | | appointed by the Secretary. | 12 | | "Compensation" means the receipt of payment, loan, | 13 | | advance, donation, contribution, deposit, or gift of money or | 14 | | anything of value. | 15 | | "Department" means the Department of Financial and | 16 | | Professional Regulation. | 17 | | "Colon hydrotherapist" means a trained individual who is | 18 | | licensed by the Department and administers colon hydrotherapy | 19 | | for compensation. | 20 | | "Colonic", "colon irrigation", or "colon hydrotherapy" | 21 | | mean the practice of introducing warm, filtered, and | 22 | | temperature regulated water into the large intestine or colon | 23 | | by permitted establishments and practitioners for the purpose | 24 | | of hydrating the waste and body and softening and loosening | 25 | | fecal waste, resulting in evacuation. "Colonic" or "colon | 26 | | hydrotherapy" may include, but are not limited to, techniques |
| | | 09800SB1651sam001 | - 3 - | LRB098 10562 MGM 42358 a |
|
| 1 | | used to stimulate reflex points in the abdomen, hands, and | 2 | | feet. As part of the practice, "colonic" or "colon | 3 | | hydrotherapy" may also include discussion of lifestyle, | 4 | | healthy eating, and exercise. The colon hydrotherapist may | 5 | | provide to the client written aftercare instructions relating | 6 | | to the session. "Colonic" or "colon hydrotherapy" does not | 7 | | include the diagnosis of a specific pathology or treatment for | 8 | | any medical condition. "Colon hydrotherapy" does not include | 9 | | those acts of massage, physical therapy, or therapeutic or | 10 | | corrective measures that are outside the scope of colon | 11 | | hydrotherapy practice as defined in this Section. | 12 | | "Secretary" means the Secretary of the Department of | 13 | | Financial and Professional Regulation. | 14 | | Section 15. Licensure requirements. | 15 | | (a) Beginning January 1, 2014, persons engaged in colon | 16 | | hydrotherapy for compensation must be licensed by the | 17 | | Department. The Department shall only issue a license to an | 18 | | individual if the applicant: | 19 | | (1) has applied in writing on the prescribed forms and | 20 | | has paid the required fees; | 21 | | (2) is at least 18 years of age and of good moral | 22 | | character; in determining good moral character, the | 23 | | Department may take into consideration conviction of any | 24 | | crime under the laws of the United States, any state, or | 25 | | territory that is a felony or a misdemeanor or any crime |
| | | 09800SB1651sam001 | - 4 - | LRB098 10562 MGM 42358 a |
|
| 1 | | that is directly related to the practice of the profession; | 2 | | a conviction shall not operate automatically as a complete | 3 | | bar to a license, except in the case of any conviction for | 4 | | prostitution, rape, or sexual misconduct, or where the | 5 | | applicant is a registered sex offender; and | 6 | | (3) has met one of the following requirements: | 7 | | (A) has successfully completed a colon | 8 | | hydrotherapy program approved by the Department that | 9 | | requires 100 hours of course study with no less than | 10 | | 100 hours of classroom instruction, a minimum of 45 | 11 | | hours of anatomy and physiology, and 25 intern sessions | 12 | | (such as the course offered by the International | 13 | | Association for Colon Hydrotherapy), and has passed a | 14 | | competency examination managed by the National Board | 15 | | for Colon Hydrotherapy; or | 16 | | (B) holds a current license from another | 17 | | jurisdiction having licensure requirements that | 18 | | include the completion of a colon hydrotherapy program | 19 | | of not less than 100 hours. | 20 | | (b) Each applicant for licensure as a colon hydrotherapist | 21 | | shall have his or her fingerprints submitted to the Department | 22 | | of State Police in an electronic format that complies with the | 23 | | form and manner for requesting and furnishing criminal history | 24 | | record information as prescribed by the Department of State | 25 | | Police. These fingerprints shall be checked against the | 26 | | Department of State Police and Federal Bureau of Investigation |
| | | 09800SB1651sam001 | - 5 - | LRB098 10562 MGM 42358 a |
|
| 1 | | criminal history record databases. The Department of State | 2 | | Police shall charge applicants a fee for conducting the | 3 | | criminal history records check, which shall be deposited into | 4 | | the State Police Services Fund and shall not exceed the actual | 5 | | cost of the records check. After the identification of any | 6 | | convictions, the Department of State Police shall furnish | 7 | | records of the convictions to the Department. The Department | 8 | | may require applicants to pay a separate fingerprinting fee, | 9 | | either to the Department or to a vendor. The Department may, in | 10 | | its discretion, allow an applicant who does not have reasonable | 11 | | access to a designated vendor to provide his or her | 12 | | fingerprints in an alternative manner. The Department may adopt | 13 | | any rules necessary to implement this Section. | 14 | | Section 20. Social Security number on license application. | 15 | | In addition to any other information required to be contained | 16 | | in the application, every application for an original, renewed, | 17 | | reinstated, or restored license under this Act shall include | 18 | | the applicant's Social Security number. | 19 | | Section 25. Endorsement. The Department may, in its | 20 | | discretion, license as a colon hydrotherapist, by endorsement, | 21 | | an applicant who is a colon hydrotherapist licensed under the | 22 | | laws of another state or territory, if the requirements for | 23 | | licensure in the state or territory where the applicant was | 24 | | licensed were, at the date of his or her licensure, |
| | | 09800SB1651sam001 | - 6 - | LRB098 10562 MGM 42358 a |
|
| 1 | | substantially equivalent to the requirements in force in this | 2 | | State on that date, and if the applicant has paid the required | 3 | | fee to the Department. The Department may adopt any rules | 4 | | necessary to implement this Section. | 5 | | Applicants have 3 years after the date of application to | 6 | | complete the application process. If the process has not been | 7 | | completed within the 3 years, the application shall be denied, | 8 | | the fee forfeited, and the applicant must reapply and meet the | 9 | | requirements in effect at the time of reapplication. | 10 | | Section 30. Exemptions. | 11 | | (a) This Act does not prohibit a person licensed under any | 12 | | other Act in this State from engaging in the practice for which | 13 | | he or she is licensed. | 14 | | (b) Persons exempted under this Section include, but are | 15 | | not limited to, physicians, chiropractors, and naprapaths. | 16 | | (c) Nothing in this Act prohibits a student of an approved | 17 | | colon hydrotherapy school or program from performing colon | 18 | | hydrotherapy, provided that the student does not hold himself | 19 | | or herself out as a licensed colon hydrotherapist and does not | 20 | | receive compensation, including tips, for colon hydrotherapy | 21 | | services. | 22 | | (d) Nothing in this Act applies to licensed colon | 23 | | hydrotherapists from other states or countries when providing | 24 | | educational programs or services for a period not exceeding 30 | 25 | | days within a calendar year. |
| | | 09800SB1651sam001 | - 7 - | LRB098 10562 MGM 42358 a |
|
| 1 | | Section 35. Title protection. | 2 | | (a) Persons regulated by this Act are designated as colon | 3 | | hydrotherapists. Unless he or she has been issued, by the | 4 | | Department, a valid, existing license under this Act, no person | 5 | | may use the title and designation of "colon hydrotherapist" or | 6 | | the terms "colonic", "colon hydrotherapy", and "colonic | 7 | | irrigation" when advertising or printing promotional material. | 8 | | (b) Anyone who knowingly aids and abets one or more persons | 9 | | not authorized to use a professional title regulated by this | 10 | | Act or knowingly employs persons not authorized to use the | 11 | | regulated professional title in the course of their employment, | 12 | | commits a violation of this Act. | 13 | | (c) Anyone not authorized under this Act to use the term | 14 | | "colonic", "colon hydrotherapy", or "colonic irrigation" and | 15 | | who knowingly use these terms when advertising commits a | 16 | | violation of this Act. | 17 | | Section 40. Display of license. Every licensee shall | 18 | | display his or her license or a copy in a conspicuous place in | 19 | | the licensee's principal place of business or any other | 20 | | location where the licensee provides colon hydrotherapy | 21 | | services. | 22 | | Section 45. Colon Hydrotherapy Licensing Board.
| 23 | | (a) The Secretary shall appoint a Colon Hydrotherapy |
| | | 09800SB1651sam001 | - 8 - | LRB098 10562 MGM 42358 a |
|
| 1 | | Licensing Board which shall serve in an advisory capacity to | 2 | | the Secretary. The Board shall consist of 7 members, 6 of whom | 3 | | shall be colon hydrotherapists with at least 3 years of | 4 | | experience in colon hydrotherapy and one member of the Board | 5 | | shall be a member of the public who is not licensed under this | 6 | | Act or a similar Act in Illinois or another jurisdiction. | 7 | | Membership on the Board shall reasonably reflect the geographic | 8 | | areas of the State. The Board shall meet annually to elect a | 9 | | chairperson and vice-chairperson. The Board shall hold | 10 | | regularly scheduled meetings during the year. A simple majority | 11 | | of the Board shall constitute a quorum at any meeting. Any | 12 | | action taken by the Board must be on the affirmative vote of a | 13 | | simple majority of members. Voting by proxy shall not be | 14 | | permitted. In the case of an emergency where all Board members | 15 | | cannot meet in person, the Board may convene a meeting via an | 16 | | electronic format in accordance with the Open Meetings Act. | 17 | | (b) Members shall be appointed to a 3-year term, except | 18 | | that initial appointees shall serve the following terms: 2 | 19 | | members shall serve for one year, 2 members shall serve for 2 | 20 | | years, and 3 members shall serve for 3 years. A member whose | 21 | | term has expired shall continue to serve until his or her | 22 | | successor is appointed. No member shall be reappointed to the | 23 | | Board for a term that would cause his or her continuous service | 24 | | on the Board to exceed 9 years. Appointments to fill a vacancy | 25 | | shall be made in the same manner as the original appointments. | 26 | | (c) The members of the Board are entitled to receive |
| | | 09800SB1651sam001 | - 9 - | LRB098 10562 MGM 42358 a |
|
| 1 | | compensation for all legitimate and necessary expenses | 2 | | incurred while attending Board and Department meetings. | 3 | | (d) Members of the Board shall be immune from suit in any | 4 | | action based upon any disciplinary proceedings or other | 5 | | activities performed in good faith as members of the Board. | 6 | | (e) The Secretary shall consider the recommendations of the | 7 | | Board on questions involving the standards of professional | 8 | | conduct, discipline, and qualifications of applicants and | 9 | | licensees under this Act. Nothing shall limit the ability of | 10 | | the Board to provide recommendations to the Secretary in regard | 11 | | to any matter affecting the administration of this Act. The | 12 | | Secretary shall give due consideration to all recommendations | 13 | | of the Board. | 14 | | (f) The Secretary may terminate the appointment of any | 15 | | member for cause, which, in the opinion of the Secretary, | 16 | | reasonably justifies termination and may include, but is not | 17 | | limited to, a Board member who does not attend 2 consecutive | 18 | | meetings. | 19 | | Section 50. Duties of the Department. The Department shall | 20 | | exercise the powers and duties prescribed by the Civil | 21 | | Administrative Code of Illinois for administration of | 22 | | licensing Acts and shall exercise other powers and duties | 23 | | necessary for effectuating the purpose of this Act. The | 24 | | Department shall adopt rules to implement, interpret, or make | 25 | | specific the provisions and purposes of this Act. No rules |
| | | 09800SB1651sam001 | - 10 - | LRB098 10562 MGM 42358 a |
|
| 1 | | shall be adopted by the Department until reviewed by the Board. | 2 | | Section 55. Grounds for discipline. | 3 | | (a) The Department may refuse to issue or renew, or may | 4 | | revoke, suspend, place on probation, reprimand, or take other | 5 | | disciplinary or non-disciplinary action, as the Department | 6 | | considers appropriate, including the imposition of fines not to | 7 | | exceed $10,000 for each violation, with regard to any license | 8 | | or licensee for any one or more of the following: | 9 | | (1) violations of this Act or its rules; | 10 | | (2) conviction by plea of guilty or nolo contendere, | 11 | | finding of guilt, jury verdict, or entry of judgment or by | 12 | | sentencing of any crime, including, but not limited to, | 13 | | convictions, preceding sentences of supervision, | 14 | | conditional discharge, or first offender probation, under | 15 | | the laws of any jurisdiction of the United States that is | 16 | | (i) a felony; or (ii) that is a misdemeanor, an essential | 17 | | element of which is dishonesty, or that is directly related | 18 | | to the practice of the profession; | 19 | | (3) professional incompetence; | 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; |
| | | 09800SB1651sam001 | - 11 - | LRB098 10562 MGM 42358 a |
|
| 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) 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 substantially | 26 | | equivalent to those set forth in this Section; |
| | | 09800SB1651sam001 | - 12 - | LRB098 10562 MGM 42358 a |
|
| 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) fraud or misrepresentation in applying for or | 13 | | procuring a license under this Act or in connection with | 14 | | applying for renewal of a license under this Act; | 15 | | (18) inability to practice the profession with | 16 | | reasonable judgment, skill, or safety as a result of | 17 | | physical illness, including, but not limited to, | 18 | | deterioration through the aging process, loss of motor | 19 | | skill, or a mental illness or disability; | 20 | | (19) charging for professional services not rendered | 21 | | including filing false statements for the collection of | 22 | | fees for which services are not rendered; | 23 | | (20) practicing under a false or, except as provided by | 24 | | law, assumed name; or | 25 | | (21) cheating on or attempting to subvert the licensing | 26 | | examination administered under this Act. |
| | | 09800SB1651sam001 | - 13 - | LRB098 10562 MGM 42358 a |
|
| 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 | 4 | | business of offering colon hydrotherapy services through | 5 | | others, shall not aid, abet, assist, procure, advise, employ, | 6 | | or contract with any unlicensed person to practice colon | 7 | | hydrotherapy in violation of any rules or provisions of this | 8 | | Act. A person violating this subsection (b) shall be treated as | 9 | | a licensee for the purposes of disciplinary action under this | 10 | | Section and shall be subject to cease and desist orders as | 11 | | provided in Section 105 of this Act. | 12 | | (c) The Department shall revoke any license issued under | 13 | | this Act of any person who is convicted of prostitution, rape, | 14 | | sexual misconduct, or any crime that subjects the licensee to | 15 | | compliance with the requirements of the Sex Offender | 16 | | Registration Act and any such conviction shall operate as a | 17 | | permanent bar in this State to practice as a colon | 18 | | hydrotherapist. | 19 | | (d) The Department may refuse to issue or may suspend the | 20 | | license of any person who fails to file a tax return, to pay | 21 | | the tax, penalty, or interest shown in a filed tax return, or | 22 | | to pay any final assessment of tax, penalty, or interest, as | 23 | | required by any tax Act administered by the Illinois Department | 24 | | of Revenue, until such time as the requirements of the tax Act | 25 | | are satisfied in accordance with subsection (g) of Section | 26 | | 2105-15 of the Department of Professional Regulation Law of the |
| | | 09800SB1651sam001 | - 14 - | LRB098 10562 MGM 42358 a |
|
| 1 | | Civil Administrative Code of Illinois. | 2 | | (e) The Department shall deny a license or renewal | 3 | | authorized by this Act to a person who has defaulted on an | 4 | | educational loan or scholarship provided or guaranteed by the | 5 | | Illinois Student Assistance Commission or any governmental | 6 | | agency of this State in accordance with item (5) of subsection | 7 | | (g) of Section 2105-15 of the Department of Professional | 8 | | Regulation Law of the Civil Administrative Code of Illinois. | 9 | | (f) In cases where the Department of Healthcare and Family | 10 | | Services has previously determined that a licensee or a | 11 | | potential licensee is more than 30 days delinquent in the | 12 | | payment of child support and has subsequently certified the | 13 | | delinquency to the Department, the Department may refuse to | 14 | | issue or renew or may revoke or suspend that person's license | 15 | | or may take other disciplinary action against that person based | 16 | | solely upon the certification of delinquency made by the | 17 | | Department of Healthcare and Family Services in accordance with | 18 | | item (5) of subsection (a) of Section 2105-15 of the Department | 19 | | of Professional Regulation Law of the Civil Administrative Code | 20 | | of Illinois. | 21 | | (g) The determination by a circuit court that a licensee is | 22 | | subject to involuntary admission or judicial admission, as | 23 | | provided in the Mental Health and Developmental Disabilities | 24 | | Code, operates as an automatic suspension. The suspension shall | 25 | | end only upon a finding by a court that the patient is no | 26 | | longer subject to involuntary admission or judicial admission |
| | | 09800SB1651sam001 | - 15 - | LRB098 10562 MGM 42358 a |
|
| 1 | | and the issuance of a court order so finding and discharging | 2 | | the patient. | 3 | | (h) In enforcing this Act, the Department or Board, upon a | 4 | | showing of a possible violation, may compel an individual | 5 | | licensed to practice under this Act, or who has applied for | 6 | | licensure under this Act, to submit to a mental or physical | 7 | | examination, or both, as required by and at the expense of the | 8 | | Department. The Department or Board may order the examining | 9 | | physician to present testimony concerning the mental or | 10 | | physical examination of the licensee or applicant. No | 11 | | information shall be excluded by reason of any common law or | 12 | | statutory privilege relating to communications between the | 13 | | licensee or applicant and the examining physician. The | 14 | | examining physicians shall be specifically designated by the | 15 | | Board or Department. The individual to be examined may have, at | 16 | | his or her own expense, another physician of his or her choice | 17 | | present during all aspects of the examination. The examination | 18 | | shall be performed by a physician licensed to practice medicine | 19 | | in all its branches. Failure of an individual to submit to a | 20 | | mental or physical examination, when directed, shall result in | 21 | | an automatic suspension without hearing. | 22 | | A person holding a license under this Act or who has | 23 | | applied for a license under this Act who, because of a physical | 24 | | or mental illness or disability, including, but not limited to, | 25 | | deterioration through the aging process or loss of motor skill, | 26 | | is unable to practice the profession with reasonable judgment, |
| | | 09800SB1651sam001 | - 16 - | LRB098 10562 MGM 42358 a |
|
| 1 | | skill, or safety, may be required by the Department to submit | 2 | | to care, counseling, or treatment by physicians approved or | 3 | | designated by the Department as a condition, term, or | 4 | | restriction for continued, reinstated, or renewed licensure to | 5 | | practice. Submission to care, counseling, or treatment as | 6 | | required by the Department shall not be considered discipline | 7 | | of a licensee. If the licensee refuses to enter into a care, | 8 | | counseling, or treatment agreement or fails to abide by the | 9 | | terms of the agreement, the Department may file a complaint to | 10 | | revoke or suspend the license or otherwise discipline the | 11 | | licensee. The Secretary may order the license suspended | 12 | | immediately, pending a hearing by the Department. Fines shall | 13 | | not be assessed in disciplinary actions involving physical or | 14 | | mental illness or impairment. | 15 | | When the Secretary immediately suspends a person's license | 16 | | under this Section, a hearing on that person's license shall be | 17 | | convened by the Department within 15 days after the suspension | 18 | | and completed without appreciable delay. The Department and | 19 | | Board shall have the authority to review the subject | 20 | | individual's record of treatment and counseling regarding the | 21 | | impairment to the extent permitted by applicable federal | 22 | | statutes and regulations safeguarding the confidentiality of | 23 | | medical records. | 24 | | An individual licensed under this Act and affected under | 25 | | this Section shall be afforded an opportunity to demonstrate to | 26 | | the Department or Board that he or she can resume practice in |
| | | 09800SB1651sam001 | - 17 - | LRB098 10562 MGM 42358 a |
|
| 1 | | compliance with acceptable and prevailing standards under the | 2 | | provisions of his or her license. | 3 | | Section 60. Advertising. | 4 | | (a) It is a Class A misdemeanor for any person, | 5 | | organization, or corporation to advertise colon hydrotherapy | 6 | | services unless the person providing the service holds a valid | 7 | | license under this Act, except for those excluded licensed | 8 | | professionals who are allowed to include colon hydrotherapy in | 9 | | their scope of practice. A colon hydrotherapist may not | 10 | | advertise unless he or she has a current license issued by this | 11 | | State. "Advertise" as used in this subsection includes, but is | 12 | | not limited to, the issuance of any card, sign, or device to | 13 | | any person; the causing, permitting, or allowing of any sign or | 14 | | marking on or in any building, vehicle, or structure; | 15 | | advertising in any newspaper or magazine; any listing or | 16 | | advertising in any directory under a classification or heading | 17 | | that 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 | 20 | | factual and true representation of the colon hydrotherapy | 21 | | procedure and profession in any advertising medium. | 22 | | Advertising under this subsection shall include the license | 23 | | number in any advertisement. It is a Class A misdemeanor for | 24 | | any person, organization, or corporation to advertise or imply | 25 | | that colon hydrotherapy can treat any disease or condition. For |
| | | 09800SB1651sam001 | - 18 - | LRB098 10562 MGM 42358 a |
|
| 1 | | the purposes of this subsection, "advertising medium" means any | 2 | | newspaper, airwave or computer transmission, telephone | 3 | | directory listing other than an in-column listing consisting | 4 | | only of a name, address, and telephone number, business card, | 5 | | handbill, flyer, sign other than a building directory listing | 6 | | all building tenants and their room or suite numbers, or other | 7 | | form of written advertising. | 8 | | Section 65. Home rule. The regulation and licensing of | 9 | | colon hydrotherapy is an exclusive power and function of the | 10 | | State. A home rule unit may not regulate or license colon | 11 | | hydrotherapists. This Section is a denial and limitation of | 12 | | home rule powers and functions under subsection (h) of Section | 13 | | 6 of Article VII of the Illinois Constitution. | 14 | | Section 70. Administrative Procedure Act. The Illinois | 15 | | Administrative Procedure Act shall apply to this Act, except | 16 | | the provision of subsection (d) of Section 10-65 of the | 17 | | Illinois Administrative Procedure Act that provides that at | 18 | | hearings the licensee has the right to show compliance with all | 19 | | lawful requirements for retention, continuation, or renewal of | 20 | | the license is specifically excluded. For the purposes of this | 21 | | Act the notice required under Section 10-25 of the | 22 | | Administrative Procedure Act is sufficient when mailed to the | 23 | | party's address of record. |
| | | 09800SB1651sam001 | - 19 - | LRB098 10562 MGM 42358 a |
|
| 1 | | Section 75. Renewal of licenses. The expiration date and | 2 | | renewal period for each license issued under this Act shall be | 3 | | set by rule. | 4 | | Section 80. Continuing education. The Department shall | 5 | | adopt rules for continuing education for persons licensed under | 6 | | this Act that require the completion of 24 hours of approved | 7 | | continuing education for each license renewal period. The | 8 | | Department shall establish by rule a means for the verification | 9 | | of completion of the continuing education required by this | 10 | | Section. This verification may be accomplished through audits | 11 | | of records maintained by the licensee, by requiring the filing | 12 | | of continuing education certificates with the Department, or by | 13 | | other means established by the Department. | 14 | | Section 85. Restoration of expired licenses. A colon | 15 | | hydrotherapist who has permitted his or her license to expire | 16 | | or who has had his or her license on inactive status may have | 17 | | his or her license restored by making application to the | 18 | | Department and filing proof acceptable to the Department of his | 19 | | or her fitness to have his or her license restored, including | 20 | | sworn evidence certifying to active practice in another | 21 | | jurisdiction satisfactory to the Department, by paying the | 22 | | required restoration fee, and showing proof of completion of | 23 | | required continuing education. Licensees must provide proof of | 24 | | completion of 24 hours approved continuing education to renew |
| | | 09800SB1651sam001 | - 20 - | LRB098 10562 MGM 42358 a |
|
| 1 | | their license. | 2 | | If the colon hydrotherapist has not maintained an active | 3 | | practice in another jurisdiction satisfactory to the | 4 | | Department, the Board shall determine by an evaluation program | 5 | | established by rule his or her fitness to resume active status | 6 | | and may require the colon hydrotherapist to complete a period | 7 | | of evaluated clinical experience and may require successful | 8 | | completion of an examination. | 9 | | A colon hydrotherapist whose license has been expired or | 10 | | placed on inactive status for more than 5 years may have his or | 11 | | her license restored by making application to the Department | 12 | | and filing proof acceptable to the Department of his or her | 13 | | fitness to have his or her license restored, including sworn | 14 | | evidence certifying to active practice in another | 15 | | jurisdiction, by paying the required restoration fee, and by | 16 | | showing proof of the completion of 24 hours of continuing | 17 | | education. | 18 | | However, any registrant whose license has expired while he | 19 | | or she has been engaged in (i) Federal Service on active duty | 20 | | with the United States Army, Navy, Marine Corps, Air Force, | 21 | | Coast Guard, or Public Health Service or the State Militia | 22 | | called into the service or training of the United States of | 23 | | America, or (ii) training or education under the supervision of | 24 | | the United States preliminary to induction into the military | 25 | | service, may have his or her license reinstated or restored | 26 | | without paying any lapsed renewal fees if, within 2 years after |
| | | 09800SB1651sam001 | - 21 - | LRB098 10562 MGM 42358 a |
|
| 1 | | honorable termination of such service, training, or education, | 2 | | he or she furnishes to the Department satisfactory evidence to | 3 | | the effect that he or she has been so engaged and that his or | 4 | | her service, training, or education has been so terminated. | 5 | | Section 90. Inactive licenses. Any colon hydrotherapist | 6 | | who notifies the Department, in writing on forms prescribed by | 7 | | the Department, may elect to place his or her license on | 8 | | inactive status and shall, subject to rules of the Department, | 9 | | be excused from payment of renewal fees until he or she | 10 | | notifies the Department in writing of his or her desire to | 11 | | resume active status. | 12 | | A colon hydrotherapist requesting restoration from | 13 | | inactive status shall be required to pay the current renewal | 14 | | fee and shall be required to restore his or her license as | 15 | | provided in Section 85 of this Act. | 16 | | Any colon hydrotherapist whose license is on inactive | 17 | | status shall not practice colon hydrotherapy in the State, and | 18 | | any practice conducted shall be deemed unlicensed practice. | 19 | | Section 95. Fees. The fees assessed under this Act shall | 20 | | be set by rule.
| 21 | | Section 100. Deposit of fees and fines; appropriations. | 22 | | All fees and fines collected under this Act shall be deposited | 23 | | into the General Professions Dedicated Fund. All monies in the |
| | | 09800SB1651sam001 | - 22 - | LRB098 10562 MGM 42358 a |
|
| 1 | | Fund shall be used by the Department of Financial and | 2 | | Professional Regulation, as appropriated, for the ordinary and | 3 | | contingent expenses of the Department. | 4 | | Section 105. Violations; injunction; cease and desist | 5 | | order. | 6 | | (a) If any person violates a provision of this Act, the | 7 | | Secretary may, in the name of the People of the State of | 8 | | Illinois, through the Attorney General of the State of Illinois | 9 | | or the State's Attorney in the county in which the offense | 10 | | occurs, petition for an order enjoining the violation or for an | 11 | | order enforcing compliance with this Act. Upon the filing of a | 12 | | verified petition in court, the court may issue a temporary | 13 | | restraining order, without notice or bond, and may | 14 | | preliminarily and permanently enjoin the violation. If it is | 15 | | established that the person has violated or is violating the | 16 | | injunction, the court may punish the offender for contempt of | 17 | | court. Proceedings under this Section shall be in addition to, | 18 | | and not in lieu of, all other remedies and penalties provided | 19 | | by this Act. | 20 | | (b) If any person practices as a colon hydrotherapist or | 21 | | holds himself or herself out as a colon hydrotherapist without | 22 | | being licensed under the provisions of this Act, then the | 23 | | Secretary, any colon hydrotherapist, any interested party, or | 24 | | any person injured thereby may petition for relief as provided | 25 | | in subsection (a) of this Section or may apply to the circuit |
| | | 09800SB1651sam001 | - 23 - | LRB098 10562 MGM 42358 a |
|
| 1 | | court of the county where the violation or some part thereof | 2 | | occurred, or where the person complained of has his or her | 3 | | principal place of business or resides, to prevent the | 4 | | violation. The court has jurisdiction to enforce obedience by | 5 | | injunction or by other process restricting the person | 6 | | complained of from further violation. | 7 | | (c) Whenever, in the opinion of the Department, a person | 8 | | violates any provision of this Act, the Department may issue a | 9 | | rule to show cause why an order to cease and desist should not | 10 | | be entered against him or her. The rule shall clearly set forth | 11 | | the grounds relied upon by the Department and shall provide a | 12 | | period of 7 days after the date of the rule to file an answer to | 13 | | the satisfaction of the Department. Failure to answer to the | 14 | | satisfaction of the Department shall cause an order to cease | 15 | | and desist to be issued. | 16 | | Section 110. Investigations; notice and hearing. The | 17 | | Department may investigate the actions of any applicant or of | 18 | | any person or persons rendering or offering to render colon | 19 | | hydrotherapy services or any person holding or claiming to hold | 20 | | a license as a colon hydrotherapist. The Department shall, | 21 | | before refusing to issue or renew a license or to discipline a | 22 | | licensee under Section 55 of this Act, at least 30 days prior | 23 | | to the date set for the hearing, (i) notify the accused in | 24 | | writing of the charges made and the time and place for the | 25 | | hearing on the charges, (ii) direct him or her to file a |
| | | 09800SB1651sam001 | - 24 - | LRB098 10562 MGM 42358 a |
|
| 1 | | written answer with the Department under oath within 20 days | 2 | | after the service of the notice, and (iii) inform the applicant | 3 | | or licensee that failure to file an answer will result in a | 4 | | default judgment being entered against the applicant or | 5 | | licensee. At the time and place fixed in the notice, the | 6 | | Department shall proceed to hear the charges and the parties of | 7 | | their counsel shall be accorded ample opportunity to present | 8 | | any pertinent statements, testimony, evidence, and arguments. | 9 | | The Department may continue the hearing from time to time. In | 10 | | case the person, after receiving the notice, fails to file an | 11 | | answer, his or her license may, in the discretion of the | 12 | | Department, be revoked, suspended, or placed on probationary | 13 | | status or the Department may take whatever disciplinary actions | 14 | | considered proper, including limiting the scope, nature, or | 15 | | extent of the person's practice or the imposition of a fine, | 16 | | without a hearing, if the act or acts charged constitute | 17 | | sufficient grounds for that action under this Act. The written | 18 | | notice may be served by personal delivery or by certified mail | 19 | | to the address of record of the accused. | 20 | | Section 115. Stenographer; transcript. The Department | 21 | | shall, at its own expense, preserve a record of all proceedings | 22 | | at the formal hearing of any case. Any notice, all documents in | 23 | | the nature of pleadings, written motions filed, the transcripts | 24 | | of testimony, reports of the Board and hearing officer, and | 25 | | orders of the Department shall be in the record of the |
| | | 09800SB1651sam001 | - 25 - | LRB098 10562 MGM 42358 a |
|
| 1 | | proceeding. | 2 | | Section 120. Subpoenas; depositions; oaths. | 3 | | (a) The Department may subpoena and bring before it any | 4 | | person to take the oral or written testimony or compel the | 5 | | production of any books, papers, records, or any other | 6 | | documents that the Secretary or his or her designee deems | 7 | | relevant or material to any such investigation or hearing | 8 | | conducted by the Department with the same fees and in the same | 9 | | manner as prescribed in civil cases in the courts of this | 10 | | State. | 11 | | (b) Any circuit court, upon the application of the licensee | 12 | | or the Department, may order the attendance and testimony of | 13 | | witnesses and the production of relevant documents, files, | 14 | | records, books, and papers in connection with any hearing or | 15 | | investigation. The circuit court may compel obedience to its | 16 | | order by proceedings for contempt. | 17 | | (c) The Secretary, the hearing officer, any member of the | 18 | | Board, or a certified shorthand court reporter may administer | 19 | | oaths at any hearing the Department conducts. Notwithstanding | 20 | | any other statute or Department rule to the contrary, all | 21 | | requests for testimony, production of documents, or records | 22 | | shall be in accordance with this Act.
| 23 | | Section 125. Findings and recommendations. At the | 24 | | conclusion of the hearing, the Board shall present to the |
| | | 09800SB1651sam001 | - 26 - | LRB098 10562 MGM 42358 a |
|
| 1 | | Secretary a written report of its findings and recommendations. | 2 | | The report shall contain a finding of whether or not the | 3 | | accused person violated this Act or failed to comply with the | 4 | | conditions required in this Act. The Board shall specify the | 5 | | nature of the violation or failure to comply and shall make its | 6 | | recommendations to the Secretary. | 7 | | The report of findings and recommendations of the Board | 8 | | shall be the basis for the Department's order or refusal or for | 9 | | the granting of a license unless the Secretary shall determine | 10 | | that the Board's report is contrary to the manifest weight of | 11 | | the evidence, in which case the Secretary may issue an order | 12 | | contrary to the Board's report. The finding is not admissible | 13 | | in evidence against the person in a criminal prosecution | 14 | | brought for the violation of this Act, but the hearing and | 15 | | finding are not a bar to a criminal prosecution brought for the | 16 | | violation of this Act. | 17 | | Section 130. Board; rehearing. In any case involving | 18 | | discipline of a licensee or the refusal to issue or renew a | 19 | | license, a copy of the Board's report shall be served upon the | 20 | | respondent by the Department, either personally or as provided | 21 | | in this Act for the service of the notice of hearing. Within 20 | 22 | | days after service, the respondent may present to the | 23 | | Department a motion for a rehearing in writing and specifying | 24 | | particular grounds. If no motion for rehearing is filed, then | 25 | | upon the expiration of the time specified for filing the |
| | | 09800SB1651sam001 | - 27 - | LRB098 10562 MGM 42358 a |
|
| 1 | | motion, or if a motion for rehearing is denied, then upon the | 2 | | denial, the Secretary may enter an order in accordance with | 3 | | recommendations of the Board, except as provided in Section 125 | 4 | | of this Act. If the respondent shall order from the reporting | 5 | | service and pay for a transcript of the record within the time | 6 | | for filing a motion for rehearing, the 20 day period for filing | 7 | | the motion shall start upon the delivery of the transcript to | 8 | | the respondent. | 9 | | Section 135. Secretary; rehearing. Whenever the Secretary | 10 | | is not satisfied that substantial justice has been done in the | 11 | | revocation, suspension, or refusal to issue, restore, or renew | 12 | | a license, or other discipline of an applicant or licensee, the | 13 | | Secretary may order a rehearing by the same or other hearing | 14 | | officers. | 15 | | Section 140. Appointment of a hearing officer. The | 16 | | Secretary shall have the authority to appoint any attorney duly | 17 | | licensed to practice law in this State to serve as the hearing | 18 | | officer in any action for refusal to issue or renew a license | 19 | | or permit or for the discipline of a licensee. The hearing | 20 | | officer shall have full authority to conduct the hearing. The | 21 | | hearing officer shall report his or her findings and | 22 | | recommendations to the Board and the Secretary. The Board shall | 23 | | have 60 days after receipt of the report to review the report | 24 | | of the hearing officer and present its findings of fact, |
| | | 09800SB1651sam001 | - 28 - | LRB098 10562 MGM 42358 a |
|
| 1 | | conclusions of law, and recommendations to the Secretary. If | 2 | | the Board fails to present its report within the 60-day period, | 3 | | the Secretary shall issue an order based on the report of the | 4 | | hearing officer. If the Secretary determines that the Board's | 5 | | report is contrary to the manifest weight of the evidence, he | 6 | | or she may issue an order contrary to the Board's report. | 7 | | Section 145. Order or certified copy; prima facie proof. | 8 | | An order or a certified copy of the order, over the seal of the | 9 | | Department and purporting to be signed by the Secretary, shall | 10 | | be 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 | 17 | | any time after the successful completion of a term of | 18 | | indefinite probation, suspension, or revocation of a license, | 19 | | the Department may restore the license to the licensee upon | 20 | | written recommendation of the Board, unless after an | 21 | | investigation and a hearing the Secretary determines that | 22 | | restoration is not in the public interest. No person or entity | 23 | | whose license, certificate, or authority has been revoked under | 24 | | this Act may apply for restoration of that license, |
| | | 09800SB1651sam001 | - 29 - | LRB098 10562 MGM 42358 a |
|
| 1 | | certification, or authority until such time as provided for in | 2 | | the Civil Administrative Code of Illinois. | 3 | | Section 155. Surrender of license. Upon the revocation or | 4 | | suspension of any license, the licensee shall surrender the | 5 | | license to the Department and, if the licensee fails to do so, | 6 | | the Department shall have the right to seize the license.
| 7 | | Section 160. Temporary suspension of a license. The | 8 | | Secretary may temporarily suspend the license of a colon | 9 | | hydrotherapist without a hearing, simultaneously with the | 10 | | institution of proceedings for a hearing provided for in | 11 | | Section 110 of this Act, if the Secretary finds that the | 12 | | evidence in his or her possession indicates that continuation | 13 | | in practice would constitute an imminent danger to the public. | 14 | | In the event that the Secretary temporarily suspends the | 15 | | license of a colon hydrotherapist without a hearing, a hearing | 16 | | by the Board must be held within 30 calendar days after the | 17 | | suspension has occurred. | 18 | | Section 165. Administrative review; venue. All final | 19 | | administrative decisions of the Department are subject to | 20 | | judicial review under the Administrative Review Law and its | 21 | | rules. For the purposes of this Act, the term "administrative | 22 | | decision" is defined as in Section 3-101 of the Code of Civil | 23 | | Procedure. |
| | | 09800SB1651sam001 | - 30 - | LRB098 10562 MGM 42358 a |
|
| 1 | | Proceedings for judicial review shall be commenced in the | 2 | | circuit court of the county in which the party applying for | 3 | | relief resides. If the party is not a resident of this State, | 4 | | then the venue shall be in Sangamon County. | 5 | | The Department shall not be required to certify any record | 6 | | to the court or file any answer in court or otherwise appear in | 7 | | any court in a judicial review proceeding, unless and until the | 8 | | Department has received from the plaintiff payment of the costs | 9 | | of furnishing and certifying the record, which costs shall be | 10 | | determined by the Department. Failure on the part of the | 11 | | plaintiff to file a receipt in court shall be grounds for | 12 | | dismissal of the action.
| 13 | | Section 170. Violations. | 14 | | (a) A person who is found to have violated any provision of | 15 | | this Act is guilty of a Class A misdemeanor. | 16 | | (b) Whoever knowingly practices or offers to practice colon | 17 | | hydrotherapy in this State without a license, or knowingly | 18 | | aids, abets, assists, procures, advises, employs, or contracts | 19 | | with any unlicensed person to practice colon hydrotherapy | 20 | | contrary to any rule or provision of this Act, shall be guilty | 21 | | of a Class A misdemeanor.
| 22 | | Section 175. Returned checks; fines. Any person who | 23 | | delivers a check or other payment to the Department that is | 24 | | returned to the Department unpaid by the financial institution |
| | | 09800SB1651sam001 | - 31 - | LRB098 10562 MGM 42358 a |
|
| 1 | | upon which it is drawn shall pay to the Department, in addition | 2 | | to the amount already owed to the Department, a fine of $50. | 3 | | The fines imposed by this Section are in addition to any other | 4 | | discipline provided under this Act for unlicensed practice or | 5 | | practice on a non-renewed license. The Department shall notify | 6 | | the person that payment of fees and fines shall be paid to the | 7 | | Department by certified check or money order within 30 calendar | 8 | | days after receipt of the notification. If after the expiration | 9 | | of 30 days after the date of the notification, the person has | 10 | | failed to submit the fee, the Department shall automatically | 11 | | terminate the license or deny the application without hearing. | 12 | | If, after termination or denial, the person seeks a license, he | 13 | | or she shall apply to the Department for restoration or | 14 | | issuance of the license and pay all fees and fines owed to the | 15 | | Department. The Department may establish a fee for the | 16 | | processing of an application for restoration of a license to | 17 | | pay all expenses of processing this application. The Secretary | 18 | | may waive the fines due under this Section in individual cases | 19 | | where the Secretary finds that the fines would be unreasonable | 20 | | or unnecessarily burdensome. | 21 | | Section 180. Unlicensed practice; violation; civil | 22 | | penalty.
| 23 | | (a) Any person who practices, offers to practice, attempts | 24 | | to practice, or holds himself or herself out to practice colon | 25 | | hydrotherapy or as a colon hydrotherapist without being |
| | | 09800SB1651sam001 | - 32 - | LRB098 10562 MGM 42358 a |
|
| 1 | | licensed under this Act, or any person not licensed under this | 2 | | Act who aids, abets, assists, procures, advises, employs, or | 3 | | contracts with any unlicensed person to practice colon | 4 | | hydrotherapy contrary to any rules or provisions of this Act, | 5 | | shall, in addition to any other penalty provided by law, pay a | 6 | | civil penalty to the Department in an amount not to exceed | 7 | | $10,000 for each violation of this Act as determined by the | 8 | | Department. The civil penalty shall be assessed by the | 9 | | Department after a hearing is held in accordance with the | 10 | | provisions set forth in this Act regarding the provision of a | 11 | | hearing for the discipline of a licensee. | 12 | | (b) The Department has the authority and power to | 13 | | investigate any unlicensed activity. | 14 | | (c) The civil penalty shall be paid within 60 days after | 15 | | the effective date of the order imposing the civil penalty. The | 16 | | order shall constitute a judgment and may be filed and executed | 17 | | in the same manner as any judgment from any court of record. | 18 | | (d) All moneys collected under this Section shall be | 19 | | deposited into the General Professions Dedicated Fund. | 20 | | Section 185. Confidentiality. All information collected | 21 | | by the Department in the course of an examination or | 22 | | investigation of a licensee or applicant, including, but not | 23 | | limited to, any complaint against a licensee filed with the | 24 | | Department and information collected to investigate any such | 25 | | complaint, shall be maintained for the confidential use of the |
| | | 09800SB1651sam001 | - 33 - | LRB098 10562 MGM 42358 a |
|
| 1 | | Department and shall not be disclosed. The Department may not | 2 | | disclose the information to anyone other than law enforcement | 3 | | officials, regulatory agencies that have an appropriate | 4 | | regulatory interest as determined by the Secretary, or a party | 5 | | presenting a lawful subpoena to the Department. Information and | 6 | | documents disclosed to a federal, State, county, or local law | 7 | | enforcement agency shall not be disclosed by the agency for any | 8 | | purpose to any other agency or person. A formal complaint filed | 9 | | against a licensee by the Department or any order issued by the | 10 | | Department against a licensee or applicant shall be a public | 11 | | record, except as otherwise prohibited by law. | 12 | | Section 190. Severability. If any provision of this Act or | 13 | | the application of any provision of this Act to any person or | 14 | | circumstance is held invalid, the invalidity does not affect | 15 | | other provisions or applications of the Act that can be given | 16 | | effect without the invalid provision or application, and for | 17 | | this purpose the provisions of this Act are severable. | 18 | | Section 200. The Regulatory Sunset Act is amended by adding | 19 | | Section 4.34 as follows: | 20 | | (5 ILCS 80/4.34 new) | 21 | | Sec. 4.34. Act repealed on January 1,
2024. The following | 22 | | Act is
repealed on January 1, 2024: | 23 | | The Colon Hydrotherapist Licensing Act. |
| | | 09800SB1651sam001 | - 34 - | LRB098 10562 MGM 42358 a |
|
| 1 | | Section 999. Effective date. This Act takes effect upon | 2 | | becoming law.".
|
|