Full Text of HB2431 102nd General Assembly
HB2431eng 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Regulatory Sunset Act is amended by | 5 | | changing Sections 4.32 and 4.37 as follows: | 6 | | (5 ILCS 80/4.32) | 7 | | Sec. 4.32. Acts repealed on January 1, 2022. The following | 8 | | Acts are repealed on January 1, 2022: | 9 | | The Boxing and Full-contact Martial Arts Act. | 10 | | The Cemetery Oversight Act. | 11 | | The Collateral Recovery Act. | 12 | | The Community Association Manager Licensing and | 13 | | Disciplinary Act. | 14 | | The Crematory Regulation Act. | 15 | | The Detection of Deception Examiners Act.
| 16 | | The Home Inspector License Act.
| 17 | | The Illinois Health Information Exchange and Technology | 18 | | Act. | 19 | | The Medical Practice Act of 1987. | 20 | | The Registered Interior Designers Act.
| 21 | | The Massage Licensing Act.
| 22 | | The Petroleum Equipment Contractors Licensing Act.
| 23 | | The Radiation Protection Act of 1990. |
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| 1 | | The Real Estate Appraiser Licensing Act of 2002. | 2 | | The Water Well and Pump Installation Contractor's License | 3 | | Act. | 4 | | (Source: P.A. 100-920, eff. 8-17-18; 101-316, eff. 8-9-19; | 5 | | 101-614, eff. 12-20-19; 101-639, eff. 6-12-20.) | 6 | | Section 5. The Regulatory Sunset Act is amended by | 7 | | changing Section 4.37 as follows: | 8 | | (5 ILCS 80/4.37) | 9 | | Sec. 4.37. Acts and Articles repealed on January 1, 2027. | 10 | | The following are repealed on January 1, 2027: | 11 | | The Clinical Psychologist Licensing Act.
| 12 | | The Illinois Optometric Practice Act of 1987. | 13 | | Articles II, III, IV, V, VI, VIIA, VIIB, VIIC, XVII, XXXI,
| 14 | | XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code.
| 15 | | The Boiler and Pressure Vessel Repairer Regulation Act. | 16 | | The Marriage and Family Therapy Licensing Act. | 17 | | The Massage Therapy Practice Act. | 18 | | (Source: P.A. 99-572, eff. 7-15-16; 99-909, eff. 12-16-16; | 19 | | 99-910, eff. 12-16-16; 99-911, eff. 12-16-16; 100-201, eff. | 20 | | 8-18-17; 100-372, eff. 8-25-17.) | 21 | | Section 10. The Massage Licensing Act is amended by | 22 | | changing Sections 1, 10, 15, 25, 32, 45, 50, 60, and 95 and by | 23 | | adding Section 12 as follows:
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| 1 | | (225 ILCS 57/1)
| 2 | | (Section scheduled to be repealed on January 1, 2022)
| 3 | | Sec. 1. Short title. This Act may be cited as the Massage | 4 | | Therapy Practice Licensing Act.
| 5 | | (Source: P.A. 92-860, eff. 6-1-03 .)
| 6 | | (225 ILCS 57/10)
| 7 | | (Section scheduled to be repealed on January 1, 2022)
| 8 | | Sec. 10. Definitions. As used in this Act:
| 9 | | "Address of Record" means the designated address recorded | 10 | | by the Department in the applicant's or licensee's application | 11 | | file or license file as maintained by the Department's | 12 | | licensure maintenance unit. It is the duty of the applicant or | 13 | | licensee to inform the Department of any change of address and | 14 | | those changes must be made either through the Department's | 15 | | website or by contacting the Department. | 16 | | "Approved massage school" means a facility which meets | 17 | | minimum
standards for training and curriculum as determined by | 18 | | the Department.
| 19 | | "Board" means the Massage Licensing Board appointed by the | 20 | | Secretary.
| 21 | | "Compensation" means the payment, loan, advance, donation, | 22 | | contribution,
deposit, or
gift of money or anything of value.
| 23 | | "Department" means the Department of Financial and | 24 | | Professional Regulation.
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| 1 | | "Email address of record" means the designated email | 2 | | address recorded by the Department in the applicant's | 3 | | application file or the licensee's license file, as maintained | 4 | | by the Department's licensure maintenance unit. | 5 | | "Massage" or "massage therapy" means a system of | 6 | | structured palpation or
movement of the soft tissue of the | 7 | | body. The system may include, but is
not limited to, | 8 | | techniques such as effleurage or stroking and gliding,
| 9 | | petrissage or kneading, tapotement or percussion, friction, | 10 | | vibration,
compression, and stretching activities as they | 11 | | pertain to
massage therapy. These techniques may be applied by | 12 | | a licensed massage
therapist
with or without the aid of | 13 | | lubricants, salt or herbal preparations,
hydromassage, thermal | 14 | | massage, or a massage device that mimics or enhances the
| 15 | | actions possible by human hands.
The purpose of the practice | 16 | | of massage, as licensed under this Act, is to
enhance the | 17 | | general
health and well-being of the mind and body of the | 18 | | recipient. "Massage"
does not include the
diagnosis of a | 19 | | specific
pathology. "Massage" does not include those acts of | 20 | | physical therapy or
therapeutic or corrective measures that | 21 | | are outside the scope of massage
therapy practice as defined | 22 | | in this Section.
| 23 | | "Massage therapist" means a person who is licensed by the
| 24 | | Department
and administers massage for compensation.
| 25 | | "Professional massage or bodywork therapy association" | 26 | | means a
state or
nationally chartered organization that is |
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| 1 | | devoted to the massage specialty and
therapeutic approach and
| 2 | | meets the following requirements:
| 3 | | (1) The organization requires that its members meet | 4 | | minimum educational
requirements. The educational | 5 | | requirements must include anatomy, physiology,
hygiene,
| 6 | | sanitation, ethics, technical theory, and application of | 7 | | techniques.
| 8 | | (2) The organization has an established code of ethics | 9 | | and has procedures
for the
suspension and revocation of | 10 | | membership of persons violating the code of
ethics.
| 11 | | "Secretary" means the Secretary of Financial and | 12 | | Professional Regulation. | 13 | | (Source: P.A. 97-514, eff. 8-23-11.)
| 14 | | (225 ILCS 57/12 new) | 15 | | Sec. 12. Address of record; email address of record. All | 16 | | applicants and licensees shall: | 17 | | (1) provide a valid address and email address to the | 18 | | Department, which shall serve as the address of record and | 19 | | email address of record, respectively, at the time of | 20 | | application for licensure or renewal of a license; and | 21 | | (2) inform the Department of any change of address of | 22 | | record or email address of record within 14 days after | 23 | | such change either through the Department's website or by | 24 | | contacting the Department's licensure maintenance unit.
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| 1 | | (225 ILCS 57/15)
| 2 | | (Section scheduled to be repealed on January 1, 2022)
| 3 | | Sec. 15. Licensure requirements.
| 4 | | (a) Persons
engaged in massage for
compensation
must be | 5 | | licensed by the Department. The Department shall issue a | 6 | | license to
an individual who meets all of the following | 7 | | requirements:
| 8 | | (1) The applicant has applied in writing on the | 9 | | prescribed forms and has
paid the
required fees.
| 10 | | (2) The applicant is at least 18 years of age and of | 11 | | good moral character.
In
determining good
moral character, | 12 | | the Department may take into consideration
conviction of | 13 | | any crime under the laws of the United States or any state | 14 | | or
territory
thereof that is a felony or a misdemeanor or | 15 | | any crime that is directly related
to the practice of the | 16 | | profession.
Such a conviction shall not operate | 17 | | automatically as a complete
bar to a license,
except in | 18 | | the case of any conviction for prostitution, rape, or | 19 | | sexual
misconduct,
or where the applicant is a registered | 20 | | sex offender.
| 21 | | (3) The applicant has met one of the following | 22 | | requirements:
(A) has successfully completed a massage | 23 | | therapy program approved by the Department that requires
a | 24 | | minimum
of 500 hours, except applicants applying on or | 25 | | after January 1, 2014 shall meet a minimum requirement of | 26 | | 600 hours,
and has
passed a
competency examination
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| 1 | | approved by the Department . ;
(B) holds a current license | 2 | | from another jurisdiction having licensure
requirements | 3 | | that include the completion of a massage therapy program | 4 | | of at least 500 hours; or
(C) (blank).
| 5 | | (b) Each applicant for licensure as a massage therapist | 6 | | shall have his or her fingerprints submitted to the Department | 7 | | of State Police in an electronic format that complies with the | 8 | | form and manner for requesting and furnishing criminal history | 9 | | record information as prescribed by the Department of State | 10 | | Police. These fingerprints shall be checked against the | 11 | | Department of State Police and Federal Bureau of Investigation | 12 | | criminal history record databases now and hereafter filed. The | 13 | | Department of State Police shall charge applicants a fee for | 14 | | conducting the criminal history records check, which shall be | 15 | | deposited into the State Police Services Fund and shall not | 16 | | exceed the actual cost of the records check. The Department of | 17 | | State Police shall furnish, pursuant to positive | 18 | | identification, records of Illinois convictions to the | 19 | | Department. The Department may require applicants to pay a | 20 | | separate fingerprinting fee, either to the Department or to a | 21 | | vendor. The Department, in its discretion, may allow an | 22 | | applicant who does not have reasonable access to a designated | 23 | | vendor to provide his or her fingerprints in an alternative | 24 | | manner. The Department may adopt any rules necessary to | 25 | | implement this Section.
| 26 | | (Source: P.A. 97-514, eff. 8-23-11.)
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| 1 | | (225 ILCS 57/25)
| 2 | | (Section scheduled to be repealed on January 1, 2022)
| 3 | | Sec. 25. Exemptions.
| 4 | | (a) This Act does not prohibit a person licensed
under any | 5 | | other Act
in this State
from
engaging in the practice for which | 6 | | he or she is licensed.
| 7 | | (b) Persons exempted under this Section include, but are | 8 | | not limited to,
physicians,
podiatric physicians, naprapaths, | 9 | | and physical therapists.
| 10 | | (c) Nothing in this Act prohibits qualified members of | 11 | | other
professional groups,
including but not limited to | 12 | | nurses, occupational therapists,
cosmetologists, and
| 13 | | estheticians, from performing massage in a manner consistent | 14 | | with their
training and the
code of ethics of their respective | 15 | | professions.
| 16 | | (d) Nothing in this Act prohibits a student of an approved | 17 | | massage
school or
program from performing massage, provided | 18 | | that the student does not hold
himself or herself out
as a | 19 | | licensed massage therapist and does not receive compensation, | 20 | | including tips, for massage therapy
services.
| 21 | | (e) Nothing in this Act prohibits practitioners that do | 22 | | not involve
intentional soft tissue manipulation, including | 23 | | but not limited to Alexander
Technique, Feldenkrais, Reike, | 24 | | and Therapeutic Touch, from practicing.
| 25 | | (f) Practitioners of certain service marked bodywork |
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| 1 | | approaches that do
involve intentional soft tissue | 2 | | manipulation, including but not limited to
Rolfing, Trager | 3 | | Approach, Polarity Therapy, and Orthobionomy, are exempt from
| 4 | | this Act if they are approved by their governing body based on | 5 | | a minimum level
of training, demonstration of competency, and | 6 | | adherence to ethical standards.
| 7 | | (g) Until January 1, 2020, practitioners of Asian bodywork | 8 | | approaches are exempt from this Act if
they are members of the | 9 | | American Organization of Bodywork Therapies of Asia as
| 10 | | certified practitioners or if they are approved by an Asian | 11 | | bodywork
organization based on a minimum level of training, | 12 | | demonstration of competency,
and adherence to ethical | 13 | | standards set by their governing body.
| 14 | | (h) Practitioners of other forms of bodywork who restrict | 15 | | manipulation of
soft tissue to the feet, hands, and ears, and | 16 | | who do not have the client
disrobe, such as reflexology, are | 17 | | exempt from this Act.
| 18 | | (i) Nothing in this Act applies to massage therapists from | 19 | | other states or
countries when providing educational programs | 20 | | or services for a period not
exceeding 30 days within a | 21 | | calendar year.
| 22 | | (j) Nothing in this Act prohibits a person from treating | 23 | | ailments by
spiritual means through prayer alone in accordance | 24 | | with the tenets and
practices of a recognized church or | 25 | | religious denomination.
| 26 | | (k) Nothing in this Act applies to the practice of massage |
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| 1 | | therapy by a person either actively licensed as a massage | 2 | | therapist in another state or currently certified by the | 3 | | National Certification Board of Therapeutic Massage and | 4 | | Bodywork or other national certifying body if said person's | 5 | | state does not license massage therapists, if he or she is | 6 | | performing his or her duties for a Department-approved | 7 | | educational program for less than 30 days in a calendar year, a | 8 | | Department-approved continuing education program for less than | 9 | | 30 days in a calendar year, a non-Illinois based team or | 10 | | professional organization, or for a national athletic event | 11 | | held in this State, so long as he or she restricts his or her | 12 | | practice to his or her team or organization or to event | 13 | | participants during the course of his or her team's or | 14 | | organization's stay in this State or for the duration of the | 15 | | event. | 16 | | (Source: P.A. 101-421, eff. 8-16-19.)
| 17 | | (225 ILCS 57/32) | 18 | | (Section scheduled to be repealed on January 1, 2022) | 19 | | Sec. 32. Display. Every holder of a license shall display | 20 | | it, or a copy, in a conspicuous place in the holder's principal | 21 | | office or any other location where the holder renders massage | 22 | | therapy services. Every displayed license shall have the | 23 | | license number visible.
| 24 | | (Source: P.A. 97-514, eff. 8-23-11.)
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| 1 | | (225 ILCS 57/45)
| 2 | | (Section scheduled to be repealed on January 1, 2022)
| 3 | | Sec. 45. Grounds for discipline.
| 4 | | (a) The Department may refuse to issue or renew, or may | 5 | | revoke, suspend,
place
on
probation, reprimand, or take other | 6 | | disciplinary or non-disciplinary action, as the Department
| 7 | | considers appropriate,
including the imposition of fines not | 8 | | to exceed $10,000 for each violation, with
regard to any | 9 | | license or licensee
for any one or more of the following:
| 10 | | (1) violations of this Act or of the rules adopted | 11 | | under this Act;
| 12 | | (2) conviction by plea of guilty or nolo contendere, | 13 | | finding of guilt, jury verdict, or entry of judgment or by | 14 | | sentencing of any crime, including, but not limited to, | 15 | | convictions, preceding sentences of supervision, | 16 | | conditional discharge, or first offender probation, under | 17 | | the laws of any jurisdiction of the United States: (i) | 18 | | that is a felony; or (ii) that is a misdemeanor, an | 19 | | essential element of which is dishonesty, or that is | 20 | | directly related to the practice of the profession;
| 21 | | (3) professional incompetence;
| 22 | | (4) advertising in a false, deceptive, or misleading | 23 | | manner , including failing to use the massage therapist's | 24 | | own license number in an advertisement ; | 25 | | (5) aiding, abetting, assisting, procuring, advising, | 26 | | employing, or contracting with any unlicensed person to |
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| 1 | | practice massage contrary to any rules or provisions of | 2 | | this Act; | 3 | | (6) engaging in immoral conduct in the commission of | 4 | | any act, such as
sexual abuse, sexual misconduct, or | 5 | | sexual exploitation, related to the
licensee's practice;
| 6 | | (7) engaging in dishonorable, unethical, or | 7 | | unprofessional conduct of a
character
likely to deceive, | 8 | | defraud, or harm the public;
| 9 | | (8) practicing or offering to practice beyond the | 10 | | scope permitted by law
or
accepting and performing | 11 | | professional responsibilities which the licensee knows
or | 12 | | has reason to
know that he or she is not competent to | 13 | | perform;
| 14 | | (9) knowingly delegating professional | 15 | | responsibilities to a person
unqualified by
training, | 16 | | experience, or licensure to perform;
| 17 | | (10) failing to provide information in response to a | 18 | | written request made
by the
Department within 60 days;
| 19 | | (11) having a habitual or excessive use of or | 20 | | addiction to alcohol,
narcotics,
stimulants, or
any other | 21 | | chemical agent or drug which results in the inability to | 22 | | practice
with reasonable
judgment, skill, or safety;
| 23 | | (12) having a pattern of practice or other behavior | 24 | | that demonstrates
incapacity
or
incompetence to practice | 25 | | under this Act;
| 26 | | (13) discipline by another state, District of |
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| 1 | | Columbia, territory, or foreign nation, if at least one of | 2 | | the grounds for the discipline is the same or | 3 | | substantially equivalent to those set forth in this | 4 | | Section; | 5 | | (14) a finding by the Department that the licensee, | 6 | | after having his or her license placed on probationary | 7 | | status, has violated the terms of probation; | 8 | | (15) willfully making or filing false records or | 9 | | reports in his or her practice, including, but not limited | 10 | | to, false records filed with State agencies or | 11 | | departments; | 12 | | (16) making a material misstatement in furnishing | 13 | | information to the
Department or
otherwise making | 14 | | misleading, deceptive, untrue, or fraudulent | 15 | | representations
in violation of this
Act or otherwise in | 16 | | the practice of the profession;
| 17 | | (17) fraud or misrepresentation in applying for or | 18 | | procuring a license under this Act or in connection with | 19 | | applying for renewal of a license under this Act;
| 20 | | (18) inability to practice the profession with | 21 | | reasonable judgment, skill, or safety as a result of | 22 | | physical illness, including, but not limited to, | 23 | | deterioration through the aging process, loss of motor | 24 | | skill, or a mental illness or disability;
| 25 | | (19) charging for professional services not rendered, | 26 | | including filing false statements for the collection of |
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| 1 | | fees for which services are not rendered; | 2 | | (20) practicing under a false or, except as provided | 3 | | by law, an assumed name; or | 4 | | (21) cheating on or attempting to subvert the | 5 | | licensing examination administered under this Act. | 6 | | All fines shall be paid within 60 days of the effective | 7 | | date of the order imposing the fine. | 8 | | (b) A person not licensed under this Act and engaged in the | 9 | | business of offering massage therapy services through others, | 10 | | shall not aid, abet, assist, procure, advise, employ, or | 11 | | contract with any unlicensed person to practice massage | 12 | | therapy contrary to any rules or provisions of this Act. A | 13 | | person violating this subsection (b) shall be treated as a | 14 | | licensee for the purposes of disciplinary action under this | 15 | | Section and shall be subject to cease and desist orders as | 16 | | provided in Section 90 of this Act. | 17 | | (c) The Department shall revoke any license issued under | 18 | | this Act of any person who is convicted of prostitution, rape, | 19 | | sexual misconduct, or any crime that subjects the licensee to | 20 | | compliance with the requirements of the Sex Offender | 21 | | Registration Act and any such conviction shall operate as a | 22 | | permanent bar in the State of Illinois to practice as a massage | 23 | | therapist. | 24 | | (d) The Department may refuse to issue or may suspend the | 25 | | license of any
person who
fails to file a tax return, to pay | 26 | | the tax, penalty, or interest shown in a
filed
tax return, or |
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| 1 | | to pay any final
assessment of tax, penalty, or interest, as | 2 | | required by any tax Act
administered by the Illinois
| 3 | | Department of Revenue, until such time as the requirements of | 4 | | the tax Act are
satisfied in accordance with subsection (g) of | 5 | | Section 2105-15 of the Civil Administrative Code of Illinois.
| 6 | | (e) (Blank). | 7 | | (f) In cases where the Department of Healthcare and Family | 8 | | Services has previously determined that a licensee or a | 9 | | potential licensee is more than 30 days delinquent in the | 10 | | payment of child support and has subsequently certified the | 11 | | delinquency to the Department, the Department may refuse to | 12 | | issue or renew or may revoke or suspend that person's license | 13 | | or may take other disciplinary action against that person | 14 | | based solely upon the certification of delinquency made by the | 15 | | Department of Healthcare and Family Services in accordance | 16 | | with item (5) of subsection (a) of Section 2105-15 of the Civil | 17 | | Administrative Code of Illinois. | 18 | | (g) The determination by a circuit court that a licensee | 19 | | is
subject
to involuntary admission or judicial admission, as | 20 | | provided in the Mental
Health and
Developmental Disabilities | 21 | | Code, operates as an automatic suspension. The
suspension
will | 22 | | end only upon a finding by a court that the patient is no | 23 | | longer
subject to
involuntary admission or judicial admission | 24 | | and the issuance of a court
order so finding
and discharging | 25 | | the patient.
| 26 | | (h) In enforcing this Act, the Department or Board, upon a |
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| 1 | | showing of a
possible violation, may compel an individual | 2 | | licensed to practice under this
Act, or who
has applied for | 3 | | licensure under this Act, to submit to a mental or physical
| 4 | | examination, or
both, as required by and at the expense of the | 5 | | Department. The Department or
Board may
order the examining | 6 | | physician to present testimony concerning the mental or
| 7 | | physical
examination of the licensee or applicant. No | 8 | | information shall be excluded by
reason of
any common law or | 9 | | statutory privilege relating to communications between the
| 10 | | licensee
or applicant and the examining physician. The | 11 | | examining physicians shall be
specifically
designated by the | 12 | | Board or Department. The individual to be examined may have,
| 13 | | at his
or her own expense, another physician of his or her | 14 | | choice present during all aspects of
this examination. The | 15 | | examination shall be performed by a physician licensed
to | 16 | | practice
medicine in all its branches. Failure of an | 17 | | individual to submit to a mental
or physical
examination, when | 18 | | directed, shall result in an automatic suspension without | 19 | | hearing.
| 20 | | A person holding a license under this Act or who has | 21 | | applied for a license under this Act who, because of a physical | 22 | | or mental illness or disability, including, but not limited | 23 | | to, deterioration through the aging process or loss of motor | 24 | | skill, is unable to practice the profession with reasonable | 25 | | judgment, skill, or safety, may be required by the Department | 26 | | to submit to care, counseling, or treatment by physicians |
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| 1 | | approved or designated by the Department as a condition, term, | 2 | | or restriction for continued, reinstated, or renewed licensure | 3 | | to practice. Submission to care, counseling, or treatment as | 4 | | required by the Department shall not be considered discipline | 5 | | of a license. If the licensee refuses to enter into a care, | 6 | | counseling, or treatment agreement or fails to abide by the | 7 | | terms of the agreement, the Department may file a complaint to | 8 | | revoke, suspend, or otherwise discipline the license of the | 9 | | individual. The Secretary may order the license suspended | 10 | | immediately, pending a hearing by the Department. Fines shall | 11 | | not be assessed in disciplinary actions involving physical or | 12 | | mental illness or impairment.
| 13 | | In instances in which the Secretary immediately suspends a | 14 | | person's license
under
this Section, a hearing on that | 15 | | person's license must be convened by the
Department
within 15 | 16 | | days after the suspension and completed without appreciable | 17 | | delay.
The
Department and Board shall have the authority to | 18 | | review the subject
individual's record
of treatment and | 19 | | counseling regarding the impairment to the extent permitted by
| 20 | | applicable federal statutes and regulations safeguarding the | 21 | | confidentiality of
medical
records.
| 22 | | An individual licensed under this Act and affected under | 23 | | this Section shall
be
afforded an opportunity to demonstrate | 24 | | to the Department or Board that he or
she can
resume practice | 25 | | in compliance with acceptable and prevailing standards under
| 26 | | the
provisions of his or her license.
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| 1 | | (Source: P.A. 100-872, eff. 8-14-18.)
| 2 | | (225 ILCS 57/50)
| 3 | | (Section scheduled to be repealed on January 1, 2022)
| 4 | | Sec. 50. Advertising. It is a misdemeanor for any person, | 5 | | organization,
or corporation to advertise massage services
| 6 | | unless the person providing the service holds a valid license | 7 | | under this Act,
except for those excluded licensed | 8 | | professionals who are allowed to include
massage in their | 9 | | scope of practice.
A massage therapist may not advertise | 10 | | unless he or she has a current license
issued by this State. A | 11 | | massage therapist shall include the current license number | 12 | | issued by the Department on all advertisements in accordance | 13 | | with paragraph (4) of subsection (a) of Section 45. | 14 | | "Advertise" as used in this Section includes, but is not
| 15 | | limited to, the
issuance of any
card, sign, or device to any | 16 | | person; the causing, permitting, or allowing of
any sign or | 17 | | marking
on or in any building, vehicle, or structure; | 18 | | advertising in any newspaper or
magazine; any listing
or | 19 | | advertising in any directory under a classification or heading | 20 | | that includes
the words
"massage", "massage therapist", | 21 | | "therapeutic massage", or "massage
therapeutic"; or | 22 | | commercials broadcast by any means.
| 23 | | (Source: P.A. 92-860, eff. 6-1-03 .)
| 24 | | (225 ILCS 57/60)
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| 1 | | (Section scheduled to be repealed on January 1, 2022)
| 2 | | Sec. 60. Administrative Procedure Act. The Illinois | 3 | | Administrative
Procedure Act is hereby expressly adopted and | 4 | | incorporated herein as if all of
the provisions of that Act | 5 | | were included in this Act, except that the provision
of | 6 | | subsection (d) of Section 10-65 of the Illinois Administrative | 7 | | Procedure Act
that provides that at hearings the licensee has | 8 | | the right to show compliance
with all lawful requirements for | 9 | | retention, continuation, or renewal of the
license is | 10 | | specifically excluded. For the purposes of this Act the notice
| 11 | | required under Section 10-25 of the Administrative Procedure | 12 | | Act is deemed
sufficient when mailed to the address of record | 13 | | or emailed to the email address of record of a party.
| 14 | | (Source: P.A. 97-514, eff. 8-23-11.)
| 15 | | (225 ILCS 57/95)
| 16 | | (Section scheduled to be repealed on January 1, 2022)
| 17 | | Sec. 95. Investigations; notice and hearing. The | 18 | | Department may investigate the actions of any applicant or of | 19 | | any person or persons rendering or offering to render massage | 20 | | therapy services or any person holding or claiming to hold a | 21 | | license as a massage therapist. The Department shall, before | 22 | | refusing to issue or renew a license or to discipline a | 23 | | licensee under Section 45, at least 30 days prior to the date | 24 | | set for the hearing, (i) notify the accused in writing of the | 25 | | charges made and the time and place for the hearing on the |
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| 1 | | charges, (ii) direct him or her to file a written answer with | 2 | | the Department under oath within 20 days after the service of | 3 | | the notice, and (iii) inform the applicant or licensee that | 4 | | failure to file an answer will result in a default judgment | 5 | | being entered against the applicant or licensee. At the time | 6 | | and place fixed in the notice, the Department shall proceed to | 7 | | hear the charges and the parties of their counsel shall be | 8 | | accorded ample opportunity to present any pertinent | 9 | | statements, testimony, evidence, and arguments. The Department | 10 | | may continue the hearing from time to time. In case the person, | 11 | | after receiving the notice, fails to file an answer, his or her | 12 | | license may, in the discretion of the Department, be revoked, | 13 | | suspended, placed on probationary status, or the Department | 14 | | may take whatever disciplinary actions considered proper, | 15 | | including limiting the scope, nature, or extent of the | 16 | | person's practice or the imposition of a fine, without a | 17 | | hearing, if the act or acts charged constitute sufficient | 18 | | grounds for that action under the Act. The written notice may | 19 | | be served by personal delivery , or by certified mail to the | 20 | | accused's address of record , or by email to the accused's | 21 | | email address of record .
| 22 | | (Source: P.A. 97-514, eff. 8-23-11.)
| 23 | | Section 15. The Professional Service Corporation Act is | 24 | | amended by changing Section 3.6 as follows:
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| 1 | | (805 ILCS 10/3.6) (from Ch. 32, par. 415-3.6)
| 2 | | Sec. 3.6. "Related professions" and "related professional | 3 | | services" mean
more than one personal service which requires | 4 | | as a condition precedent to the
rendering thereof the | 5 | | obtaining of a license and which prior to October 1,
1973 could | 6 | | not be performed by a
corporation by reason of law; provided, | 7 | | however, that these terms shall
be restricted to:
| 8 | | (1) a combination of 2 or more of the following | 9 | | personal services: (a)
"architecture" as defined in | 10 | | Section 5 of the Illinois Architecture Practice
Act of | 11 | | 1989, (b) "professional engineering" as defined in Section | 12 | | 4 of the
Professional Engineering Practice Act of 1989, | 13 | | (c) "structural engineering" as
defined in Section 5 of | 14 | | the Structural Engineering
Practice Act of 1989, (d)
"land | 15 | | surveying" as defined in Section 2 of the Illinois | 16 | | Professional Land
Surveyor Act of 1989;
| 17 | | (2) a combination of the following personal services: | 18 | | (a) the practice of
medicine by persons licensed under the | 19 | | Medical Practice Act of 1987, (b) the practice of podiatry | 20 | | as defined in
the Podiatric Medical Practice Act of 1987, | 21 | | (c) the practice of
dentistry as defined in the Illinois | 22 | | Dental Practice Act, (d) the practice of
optometry as | 23 | | defined in the Illinois Optometric Practice Act of 1987;
| 24 | | (3) a combination of 2 or more of the following | 25 | | personal services:
(a) the practice of clinical psychology | 26 | | by persons licensed under the Clinical Psychologist |
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| 1 | | Licensing Act, (b) the practice of social work or clinical | 2 | | social work by persons licensed under the Clinical Social | 3 | | Work and Social Work Practice Act, (c) the practice of | 4 | | marriage and family therapy by persons licensed under the | 5 | | Marriage and Family Therapy Licensing Act, (d) the | 6 | | practice of professional counseling or clinical | 7 | | professional counseling by persons licensed under the | 8 | | Professional Counselor and Clinical Professional Counselor | 9 | | Licensing and Practice Act, or (e) the practice of sex | 10 | | offender evaluations by persons licensed under the Sex | 11 | | Offender Evaluation and Treatment Provider Act; or | 12 | | (4) a combination of 2 or more of the following | 13 | | personal services:
(a) the practice of acupuncture by | 14 | | persons licensed under the Acupuncture Practice Act, (b) | 15 | | the practice of massage by persons licensed under the | 16 | | Massage Therapy Practice Licensing Act, (c) the practice | 17 | | of naprapathy by persons licensed under the Naprapathic | 18 | | Practice Act, (d) the practice of occupational therapy by | 19 | | persons licensed under the Illinois Occupational Therapy | 20 | | Practice Act, (e) the practice of physical therapy by | 21 | | persons licensed under the Illinois Physical Therapy Act, | 22 | | or (f) the practice of speech-language therapy by persons | 23 | | licensed under the Illinois Speech-Language Pathology and | 24 | | Audiology Practice Act. | 25 | | (Source: P.A. 101-95, eff. 7-19-19.)
| 26 | | Section 99. Effective date. This Act takes effect January |
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| 1 | | 1, 2022, except that this Section and Section 5 take effect | 2 | | upon becoming law.
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INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 5 ILCS 80/4.32 | | | 4 | | 5 ILCS 80/4.41 new | | | 5 | | 225 ILCS 57/1 | | | 6 | | 225 ILCS 57/10 | | | 7 | | 225 ILCS 57/12 new | | | 8 | | 225 ILCS 57/15 | | | 9 | | 225 ILCS 57/25 | | | 10 | | 225 ILCS 57/32 | | | 11 | | 225 ILCS 57/45 | | | 12 | | 225 ILCS 57/50 | | | 13 | | 225 ILCS 57/60 | | | 14 | | 225 ILCS 57/95 | | | 15 | | 805 ILCS 10/3.6 | from Ch. 32, par. 415-3.6 |
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