(225 ILCS 57/1)
(Section scheduled to be repealed on January 1, 2027)
Sec. 1. Short title. This Act may be cited as the Massage Therapy Practice Act.
(Source: P.A. 102-20, eff. 1-1-22.)
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(225 ILCS 57/5)
(Section scheduled to be repealed on January 1, 2027)
Sec. 5.
Declaration of public policy.
The practice of massage therapy is
hereby
declared to affect the public health, safety, and welfare and to be subject to
regulation in the
public interest. The purpose of this Act is to protect and benefit the public
by setting standards
of qualifications, education, training, and experience for those who seek to
practice massage
therapy, to promote high standards of professional performance for those
licensed to practice
massage therapy in the State of Illinois, and to protect the public from
unprofessional conduct by
persons licensed to practice massage therapy.
(Source: P.A. 92-860, eff. 6-1-03.)
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(225 ILCS 57/10)
(Section scheduled to be repealed on January 1, 2027)
Sec. 10. Definitions. As used in this Act:
"Address of Record" means the designated address recorded by the Department in the applicant's or licensee's application file or license file as maintained by the Department's licensure maintenance unit. It is the duty of the applicant or licensee to inform the Department of any change of address and those changes must be made either through the Department's website or by contacting the Department. "Approved massage school" means a facility which meets minimum
standards for training and curriculum as determined by the Department.
"Board" means the Massage Licensing Board appointed by the Secretary.
"Compensation" means the payment, loan, advance, donation, contribution,
deposit, or
gift of money or anything of value.
"Department" means the Department of Financial and Professional Regulation.
"Email address of record" means the designated email address recorded by the Department in the applicant's application file or the licensee's license file, as maintained by the Department's licensure maintenance unit. "Massage" or "massage therapy" means a system of structured palpation or
movement of the soft tissue of the body. The system may include, but is
not limited to, techniques such as effleurage or stroking and gliding,
petrissage or kneading, tapotement or percussion, friction, vibration,
compression, and stretching activities as they pertain to
massage therapy. These techniques may be applied by a licensed massage
therapist
with or without the aid of lubricants, salt or herbal preparations,
hydromassage, thermal massage, or a massage device that mimics or enhances the
actions possible by human hands.
The purpose of the practice of massage, as licensed under this Act, is to
enhance the general
health and well-being of the mind and body of the recipient. "Massage"
does not include the
diagnosis of a specific
pathology. "Massage" does not include those acts of physical therapy or
therapeutic or corrective measures that are outside the scope of massage
therapy practice as defined in this Section.
"Massage therapist" means a person who is licensed by the
Department
and administers massage for compensation.
"Professional massage or bodywork therapy association" means a
state or
nationally chartered organization that is devoted to the massage specialty and
therapeutic approach and
meets the following requirements:
(1) The organization requires that its members meet | ||
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(2) The organization has an established code of | ||
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"Secretary" means the Secretary of Financial and Professional Regulation. (Source: P.A. 102-20, eff. 1-1-22.)
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(225 ILCS 57/12) (Section scheduled to be repealed on January 1, 2027) Sec. 12. Address of record; email address of record. All applicants and licensees shall: (1) provide a valid address and email address to the | ||
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(2) inform the Department of any change of address of | ||
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(Source: P.A. 102-20, eff. 1-1-22.) |
(225 ILCS 57/15)
(Section scheduled to be repealed on January 1, 2027)
Sec. 15. Licensure requirements.
(a) Persons
engaged in massage for
compensation
must be licensed by the Department. The Department shall issue a license to
an individual who meets all of the following requirements:
(1) The applicant has applied in writing on the | ||
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(2) The applicant is at least 18 years of age and of | ||
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(3) The applicant has successfully completed a | ||
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(b) Each applicant for licensure as a massage therapist shall have his or her fingerprints submitted to the Illinois State Police in an electronic format that complies with the form and manner for requesting and furnishing criminal history record information as prescribed by the Illinois State Police. These fingerprints shall be checked against the Illinois State Police and Federal Bureau of Investigation criminal history record databases now and hereafter filed. The Illinois State Police shall charge applicants a fee for conducting the criminal history records check, which shall be deposited into the State Police Services Fund and shall not exceed the actual cost of the records check. The Illinois State Police shall furnish, pursuant to positive identification, records of Illinois convictions to the Department. The Department may require applicants to pay a separate fingerprinting fee, either to the Department or to a vendor. The Department, in its discretion, may allow an applicant who does not have reasonable access to a designated vendor to provide his or her fingerprints in an alternative manner. The Department may adopt any rules necessary to implement this Section.
(Source: P.A. 102-20, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
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(225 ILCS 57/17) (Section scheduled to be repealed on January 1, 2027) Sec. 17. Social Security number on license application. In addition to any other information required to be contained in the application, every application for an original, renewal, reinstated, or restored license under this Act shall include the applicant's Social Security number.
(Source: P.A. 97-514, eff. 8-23-11.) |
(225 ILCS 57/19) (Section scheduled to be repealed on January 1, 2027) Sec. 19. Endorsement. The Department may, in its discretion, license as a massage therapist, by endorsement, on payment of the required fee, an applicant who is a massage therapist licensed under the laws of another state or territory, if the requirements for licensure in the state or territory in which the applicant was licensed were, at the date of his or her licensure, substantially equivalent to the requirements in force in this State on that date. The Department may adopt any rules necessary to implement this Section. Applicants have 3 years from the date of application to complete the application process. If the process has not been completed within the 3 years, the application shall be denied, the fee forfeited, and the applicant must reapply and meet the requirements in effect at the time of reapplication.
(Source: P.A. 97-514, eff. 8-23-11.) |
(225 ILCS 57/20)
Sec. 20. (Repealed).
(Source: P.A. 95-613, eff. 9-11-07. Repealed by P.A. 97-514, eff. 8-23-11.)
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(225 ILCS 57/25)
(Section scheduled to be repealed on January 1, 2027)
Sec. 25. Exemptions.
(a) This Act does not prohibit a person licensed
under any other Act
in this State
from
engaging in the practice for which he or she is licensed.
(b) Persons exempted under this Section include, but are not limited to,
physicians,
podiatric physicians, naprapaths, and physical therapists.
(c) Nothing in this Act prohibits qualified members of other
professional groups,
including but not limited to nurses, occupational therapists,
cosmetologists, and
estheticians, from performing massage in a manner consistent with their
training and the
code of ethics of their respective professions.
(d) Nothing in this Act prohibits a student of an approved massage
school or
program from performing massage, provided that the student does not hold
himself or herself out
as a licensed massage therapist and does not receive compensation, including tips, for massage therapy
services.
(e) Nothing in this Act prohibits practitioners that do not involve
intentional soft tissue manipulation, including but not limited to Alexander
Technique, Feldenkrais, Reike, and Therapeutic Touch, from practicing.
(f) Practitioners of certain service marked bodywork approaches that do
involve intentional soft tissue manipulation, including but not limited to
Rolfing, Trager Approach, Polarity Therapy, and Orthobionomy, are exempt from
this Act if they are approved by their governing body based on a minimum level
of training, demonstration of competency, and adherence to ethical standards.
(g) Until January 1, 2024, members of the American Organization for Bodywork Therapies of Asia are exempt from licensure under this Act.
(h) Practitioners of other forms of bodywork who restrict manipulation of
soft tissue to the feet, hands, and ears, and who do not have the client
disrobe, such as reflexology, are exempt from this Act.
(i) Nothing in this Act applies to massage therapists from other states or
countries when providing educational programs for a period not
exceeding 30 days within a calendar year.
(j) Nothing in this Act prohibits a person from treating ailments by
spiritual means through prayer alone in accordance with the tenets and
practices of a recognized church or religious denomination.
(k) Nothing in this Act applies to the practice of massage therapy by a person either actively licensed as a massage therapist in another state or currently certified by the National Certification Board of Therapeutic Massage and Bodywork or other national certifying body if said person's state does not license massage therapists, if he or she is performing his or her duties for a Department-approved educational program for less than 30 days in a calendar year, a Department-approved continuing education program for less than 30 days in a calendar year, a non-Illinois based team or professional organization, or for a national athletic event held in this State, so long as he or she restricts his or her practice to his or her team or organization or to event participants during the course of his or her team's or organization's stay in this State or for the duration of the event. (Source: P.A. 101-421, eff. 8-16-19; 102-20, eff. 1-1-22.)
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(225 ILCS 57/30)
(Section scheduled to be repealed on January 1, 2027)
Sec. 30. Title protection.
(a) Persons regulated by this Act are designated as massage therapists
and
therefore
are exclusively entitled to utilize the terms "massage", "massage therapy", and
"massage therapist" when advertising or printing
promotional material.
(b) Anyone who knowingly aids and abets one or more persons not authorized
to
use a
professional title regulated by this Act or knowingly employs persons not
authorized to use the
regulated professional title in the course of their employment, commits a
violation of this Act.
(c) Anyone not authorized, under the definitions of this Act, to utilize the
term
"massage", "massage therapy", or "massage therapist" and who knowingly utilizes
these terms when advertising
commits a violation
of this Act.
(d) Nothing in this Act shall prohibit the use of the terms "massage", "massage therapy", or "massage therapist" by a salon registered under the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985, provided that the salon offers massage therapy services in accordance with this Act. (Source: P.A. 97-514, eff. 8-23-11.)
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(225 ILCS 57/32) (Section scheduled to be repealed on January 1, 2027) Sec. 32. Display. Every holder of a license shall display it, or a copy, in a conspicuous place in the holder's principal office or any other location where the holder renders massage therapy services. Every displayed license shall have the license number visible.
(Source: P.A. 102-20, eff. 1-1-22.) |
(225 ILCS 57/35)
(Section scheduled to be repealed on January 1, 2027)
Sec. 35. Massage Licensing Board.
(a) The Secretary shall appoint a Massage Licensing Board, which shall serve
in
an
advisory capacity to the Secretary. The Board shall consist of 7 members, of
whom 6 shall be
massage therapists with at least 3 years of experience in massage.
One of the
massage therapist members shall represent a massage therapy school from the
private sector and one of the massage therapist members shall represent a
massage therapy school from the public sector. One member
of the Board
shall be a member of the public who is not licensed under this Act or a similar
Act in Illinois or
another jurisdiction.
Membership on the Board shall reasonably reflect the
various massage therapy and non-exempt
bodywork organizations. Membership on the Board shall reasonably reflect the
geographic areas
of the State. The Board shall meet annually to elect a chairperson and vice chairperson. The Board shall hold regularly scheduled meetings during the year. A simple majority of the Board shall constitute a quorum at any meeting. Any action taken by the Board must be on the affirmative vote of a simple majority of members. Voting by proxy shall not be permitted. In the case of an emergency where all Board members cannot meet in person, the Board may convene a meeting via an electronic format in accordance with the Open Meetings Act.
(b) Members shall be appointed to a 3-year term, except that initial
appointees
shall serve the
following terms: 2 members shall serve
for one year, 2 members shall serve for
2 years, and 3
members shall serve for 3 years. A member whose term has expired shall
continue to
serve until his
or her successor is appointed. No member shall be reappointed to the Board for
a term that
would cause his or her continuous service on the Board to exceed 9 years.
Appointments to fill
vacancies shall be made in the same manner as the original appointments for the
unexpired
portion of the vacated term.
(c) The members of the Board are entitled to receive compensation
for all
legitimate and necessary expenses incurred while attending Board and Department
meetings.
(d) Members of the Board shall be immune from suit in any action based upon
any
disciplinary proceedings or other activities performed in good faith as members
of the Board.
(e) The Secretary shall consider the recommendations of the Board on
questions
involving the
standards of professional conduct, discipline, and qualifications of candidates
and licensees
under this Act. Nothing shall limit the ability of the Board to provide
recommendations to the
Secretary in regard to any matter affecting the administration of this Act. The Secretary
shall give
due consideration to all recommendations of the Board.
(f) The Secretary may terminate the appointment of any member for cause
which, in the opinion of the Secretary reasonably justifies termination, which
may
include, but is not limited to, a Board member who does not attend 2
consecutive meetings.
(Source: P.A. 97-514, eff. 8-23-11.)
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(225 ILCS 57/40)
(Section scheduled to be repealed on January 1, 2027)
Sec. 40. Duties of the Department. The Department shall exercise the powers and duties prescribed by the Civil Administrative Code of Illinois for administration of licensing acts and shall exercise other powers and duties necessary for effectuating the purpose of this Act. The Department shall adopt rules to implement, interpret, or make specific the provisions and purposes of this Act; however, no such rules shall be adopted by the Department except upon review by the Board.
(Source: P.A. 97-514, eff. 8-23-11.)
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(225 ILCS 57/45) (Section scheduled to be repealed on January 1, 2027) Sec. 45. Grounds for discipline. (a) The Department may refuse to issue or renew, or may revoke, suspend, place on probation, reprimand, or take other disciplinary or non-disciplinary action, as the Department considers appropriate, including the imposition of fines not to exceed $10,000 for each violation, with regard to any license or licensee for any one or more of the following: (1) violations of this Act or of the rules adopted | ||
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(2) conviction by plea of guilty or nolo contendere, | ||
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(3) professional incompetence; (4) advertising in a false, deceptive, or misleading | ||
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(5) aiding, abetting, assisting, procuring, advising, | ||
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(6) engaging in immoral conduct in the commission of | ||
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(7) engaging in dishonorable, unethical, or | ||
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(8) practicing or offering to practice beyond the | ||
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(9) knowingly delegating professional | ||
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(10) failing to provide information in response to a | ||
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(11) having a habitual or excessive use of or | ||
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(12) having a pattern of practice or other behavior | ||
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(13) discipline by another state, District of | ||
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(14) a finding by the Department that the licensee, | ||
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(15) willfully making or filing false records or | ||
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(16) making a material misstatement in furnishing | ||
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(17) fraud or misrepresentation in applying for or | ||
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(18) inability to practice the profession with | ||
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(19) charging for professional services not rendered, | ||
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(20) practicing under a false or, except as provided | ||
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(21) cheating on or attempting to subvert the | ||
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All fines shall be paid within 60 days of the effective date of the order imposing the fine. (b) A person not licensed under this Act and engaged in the business of offering massage therapy services through others, shall not aid, abet, assist, procure, advise, employ, or contract with any unlicensed person to practice massage therapy contrary to any rules or provisions of this Act. A person violating this subsection (b) shall be treated as a licensee for the purposes of disciplinary action under this Section and shall be subject to cease and desist orders as provided in Section 90 of this Act. (c) The Department shall revoke any license issued under this Act of any person who is convicted of prostitution, rape, sexual misconduct, or any crime that subjects the licensee to compliance with the requirements of the Sex Offender Registration Act and any such conviction shall operate as a permanent bar in the State of Illinois to practice as a massage therapist. (c-5) A prosecuting attorney shall provide notice to the Department of the licensed massage therapist's name, address, practice address, and license number and a copy of the criminal charges filed immediately after a licensed massage therapist has been charged with any of the following offenses: (1) an offense for which the sentence includes | ||
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(2) involuntary sexual servitude of a minor; (3) the crime of battery against a patient, including | ||
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(4) a forcible felony. If the victim of the crime the licensee has been charged with is a patient of the licensee, the prosecuting attorney shall also provide notice to the Department of the patient's name. Within 5 business days after receiving notice from the prosecuting attorney of the filing of criminal charges against the licensed massage therapist, the Secretary shall issue an administrative order that the licensed massage therapist shall practice only with a chaperone during all patient encounters pending the outcome of the criminal proceedings. The chaperone shall be a licensed massage therapist or other health care worker licensed by the Department. The administrative order shall specify any other terms or conditions deemed appropriate by the Secretary. The chaperone shall provide written notice to all of the licensed massage therapist's patients explaining the Department's order to use a chaperone. Each patient shall sign an acknowledgment that they received the notice. The notice to the patient of criminal charges shall include, in 14-point font, the following statement: "The massage therapist is presumed innocent until proven guilty of the charges.". The licensed massage therapist shall provide a written plan of compliance with the administrative order that is acceptable to the Department within 5 business days after receipt of the administrative order. Failure to comply with the administrative order, failure to file a compliance plan, or failure to follow the compliance plan shall subject the licensed massage therapist to temporary suspension of his or her license until the completion of the criminal proceedings. If the licensee is not convicted of the charge or if any conviction is later overturned by a reviewing court, the administrative order shall be vacated and removed from the licensee's record. The Department may adopt rules to implement this subsection. (d) The Department may refuse to issue or may suspend the license of any person who fails to file a tax return, to pay the tax, penalty, or interest shown in a filed tax return, or to pay any final assessment of tax, penalty, or interest, as required by any tax Act administered by the Illinois Department of Revenue, until such time as the requirements of the tax Act are satisfied in accordance with subsection (g) of Section 2105-15 of the Civil Administrative Code of Illinois. (e) (Blank). (f) In cases where the Department of Healthcare and Family Services has previously determined that a licensee or a potential licensee is more than 30 days delinquent in the payment of child support and has subsequently certified the delinquency to the Department, the Department may refuse to issue or renew or may revoke or suspend that person's license or may take other disciplinary action against that person based solely upon the certification of delinquency made by the Department of Healthcare and Family Services in accordance with item (5) of subsection (a) of Section 2105-15 of the Civil Administrative Code of Illinois. (g) The determination by a circuit court that a licensee is subject to involuntary admission or judicial admission, as provided in the Mental Health and Developmental Disabilities Code, operates as an automatic suspension. The suspension will end only upon a finding by a court that the patient is no longer subject to involuntary admission or judicial admission and the issuance of a court order so finding and discharging the patient. (h) In enforcing this Act, the Department or Board, upon a showing of a possible violation, may compel an individual licensed to practice under this Act, or who has applied for licensure under this Act, to submit to a mental or physical examination, or both, as required by and at the expense of the Department. The Department or Board may order the examining physician to present testimony concerning the mental or physical examination of the licensee or applicant. No information shall be excluded by reason of any common law or statutory privilege relating to communications between the licensee or applicant and the examining physician. The examining physicians shall be specifically designated by the Board or Department. The individual to be examined may have, at his or her own expense, another physician of his or her choice present during all aspects of this examination. The examination shall be performed by a physician licensed to practice medicine in all its branches. Failure of an individual to submit to a mental or physical examination, when directed, shall result in an automatic suspension without hearing. A person holding a license under this Act or who has applied for a license under this Act who, because of a physical or mental illness or disability, including, but not limited to, deterioration through the aging process or loss of motor skill, is unable to practice the profession with reasonable judgment, skill, or safety, may be required by the Department to submit to care, counseling, or treatment by physicians approved or designated by the Department as a condition, term, or restriction for continued, reinstated, or renewed licensure to practice. Submission to care, counseling, or treatment as required by the Department shall not be considered discipline of a license. If the licensee refuses to enter into a care, counseling, or treatment agreement or fails to abide by the terms of the agreement, the Department may file a complaint to revoke, suspend, or otherwise discipline the license of the individual. The Secretary may order the license suspended immediately, pending a hearing by the Department. Fines shall not be assessed in disciplinary actions involving physical or mental illness or impairment. In instances in which the Secretary immediately suspends a person's license under this Section, a hearing on that person's license must be convened by the Department within 15 days after the suspension and completed without appreciable delay. The Department and Board shall have the authority to review the subject individual's record of treatment and counseling regarding the impairment to the extent permitted by applicable federal statutes and regulations safeguarding the confidentiality of medical records. An individual licensed under this Act and affected under this Section shall be afforded an opportunity to demonstrate to the Department or Board that he or she can resume practice in compliance with acceptable and prevailing standards under the provisions of his or her license.(Source: P.A. 102-20, eff. 1-1-22; 103-757, eff. 8-2-24.) |
(225 ILCS 57/50)
(Section scheduled to be repealed on January 1, 2027)
Sec. 50. Advertising. It is a misdemeanor for any person, organization,
or corporation to advertise massage services
unless the person providing the service holds a valid license under this Act,
except for those excluded licensed professionals who are allowed to include
massage in their scope of practice.
A massage therapist may not advertise unless he or she has a current license
issued by this State. A massage therapist shall include the current license number issued by the Department on all advertisements in accordance with paragraph (4) of subsection (a) of Section 45. "Advertise" as used in this Section includes, but is not
limited to, the
issuance of any
card, sign, or device to any person; the causing, permitting, or allowing of
any sign or marking
on or in any building, vehicle, or structure; advertising in any newspaper or
magazine; any listing
or advertising in any directory under a classification or heading that includes
the words
"massage", "massage therapist", "therapeutic massage", or "massage
therapeutic"; or commercials broadcast by any means.
(Source: P.A. 102-20, eff. 1-1-22.)
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(225 ILCS 57/55)
(Section scheduled to be repealed on January 1, 2027)
Sec. 55. Exclusive jurisdiction. The
regulation
and licensing of massage
therapy is
an exclusive power and function of the State. A home rule unit may not
regulate or license
massage therapists. This Section is a denial and limitation of home rule
powers and functions
under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 97-514, eff. 8-23-11.)
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(225 ILCS 57/60)
(Section scheduled to be repealed on January 1, 2027)
Sec. 60. Illinois Administrative Procedure Act. The Illinois Administrative
Procedure Act is hereby expressly adopted and incorporated herein as if all of
the provisions of that Act were included in this Act, except that the provision
of subsection (d) of Section 10-65 of the Illinois Administrative Procedure Act
that provides that at hearings the licensee has the right to show compliance
with all lawful requirements for retention, continuation, or renewal of the
license is specifically excluded. For the purposes of this Act the notice
required under Section 10-25 of the Illinois Administrative Procedure Act is deemed
sufficient when mailed to the address of record or emailed to the email address of record of a party.
(Source: P.A. 102-20, eff. 1-1-22.)
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(225 ILCS 57/65)
(Section scheduled to be repealed on January 1, 2027)
Sec. 65.
Renewal of licenses.
The expiration date and renewal period
for each license issued under this Act
shall be set by rule.
(Source: P.A. 92-860, eff. 6-1-03.)
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(225 ILCS 57/67)
(Section scheduled to be repealed on January 1, 2027)
Sec. 67. Continuing education. The Department shall adopt rules for
continuing education for persons licensed under this Act that require a
completion of 25 hours of approved continuing education per license renewal
period. For each license renewal period, one hour of continuing education shall be domestic violence and sexual assault awareness education as prescribed by rule of the Department. The one-hour domestic violence and sexual assault awareness continuing education course shall be provided by a continuing education provider approved by the Department. The Department may adopt rules regarding the requirements for domestic violence and sexual assault awareness continuing education courses and teachers. The Department shall establish by rule a means for the verification of
completion of the continuing education required by this Section. This
verification may be accomplished through audits of records maintained by the
licensee, by requiring the filing of continuing education certificates with the
Department, or by other means established by the Department.
(Source: P.A. 103-39, eff. 1-1-24.)
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(225 ILCS 57/68) (Section scheduled to be repealed on January 1, 2027) Sec. 68. Abnormal skin growth education. (a) In addition to any other requirements under this Act, the following applicants must provide proof of completion of a course approved by the Department in abnormal skin growth education, including training on identifying melanoma: (1) An applicant who submits an application for | ||
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(2) An applicant who was licensed before January 1, | ||
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(b) Nothing in this Section shall be construed to create a cause of action or any civil liabilities or to require or permit a licensee or applicant under this Act to practice medicine or otherwise practice outside of the scope of practice of a licensed massage therapist. (c) A person licensed under this Act may refer an individual to seek care from a medical professional regarding an abnormal skin growth. Neither a person licensed under this Act who completes abnormal skin growth education as a part of the person's continuing education, nor the person's employer, shall be civilly or criminally liable for acting in good faith or failing to act on information obtained during the course of practicing in the person's profession or employment concerning potential abnormal skin growths. (Source: P.A. 103-851, eff. 8-9-24.) |
(225 ILCS 57/70) (Text of Section before amendment by P.A. 103-746) (Section scheduled to be repealed on January 1, 2027) Sec. 70. Restoration of expired licenses. A massage
therapist who has permitted his or her license to expire
or who has
had his or her license on inactive status may have his or her license
restored by making
application to the Department and filing proof acceptable to the Department
of his or her fitness to have his or her license restored, including
sworn evidence
certifying to active practice in another jurisdiction satisfactory to the
Department, and by paying the required restoration fee and showing proof of
completion of required continuing education. Licensees must provide
proof of completion of 24 hours approved continuing education to renew their
license. If the massage therapist
has not
maintained an active practice in another jurisdiction satisfactory to the
Department, the Board shall determine, by an evaluation program
established by rule his or her fitness to resume active status and may
require the massage therapist
to complete
a period of evaluated clinical experience and may require successful
completion of an examination. A massage therapist whose license
has been expired or placed on inactive status for more than 5 years may have
his or her license restored by making
application
to the Department and filing proof acceptable to the Department of his or
her
fitness to have his or her license restored, including sworn evidence
certifying
to active practice in another jurisdiction, by paying the required
restoration fee, and by showing proof of the completion of 24 hours of
continuing education. However, any registrant whose license has expired while he or she has been engaged (i) in Federal Service on active duty with the United States Army, Navy, Marine Corps, Air Force, Coast Guard, or Public Health Service or the State Militia called into the service or training of the United States of America, or (ii) in training or education under the supervision of the United States preliminary to induction into the military service, may have his or her license reinstated or restored without paying any lapsed renewal fees, if within 2 years after honorable termination of such service, training, or education, he or she furnishes to the Department with satisfactory evidence to the effect that he or she has been so engaged and that his or her service, training, or education has been so terminated. (Source: P.A. 97-514, eff. 8-23-11.) (Text of Section after amendment by P.A. 103-746) (Section scheduled to be repealed on January 1, 2027) Sec. 70. Restoration of expired licenses. A massage therapist who has permitted his or her license to expire or who has had his or her license on inactive status may have his or her license restored by making application to the Department and filing proof acceptable to the Department of his or her fitness to have his or her license restored, including sworn evidence certifying to active practice in another jurisdiction satisfactory to the Department, and by paying the required restoration fee and showing proof of completion of required continuing education. Licensees must provide proof of completion of 24 hours approved continuing education to renew their license. If the massage therapist has not maintained an active practice in another jurisdiction satisfactory to the Department, the Board shall determine, by an evaluation program established by rule his or her fitness to resume active status and may require the massage therapist to complete a period of evaluated clinical experience and may require successful completion of an examination. A massage therapist whose license has been expired or placed on inactive status for more than 5 years may have his or her license restored by making application to the Department and filing proof acceptable to the Department of his or her fitness to have his or her license restored, including sworn evidence certifying to active practice in another jurisdiction, by paying the required restoration fee, and by showing proof of the completion of 24 hours of continuing education. However, any registrant whose license has expired while he or she has been engaged (i) in Federal Service on active duty with the United States Army, Navy, Marine Corps, Air Force, Space Force, Coast Guard, or Public Health Service or the State Militia called into the service or training of the United States of America, or (ii) in training or education under the supervision of the United States preliminary to induction into the military service, may have his or her license reinstated or restored without paying any lapsed renewal fees, if within 2 years after honorable termination of such service, training, or education, he or she furnishes to the Department with satisfactory evidence to the effect that he or she has been so engaged and that his or her service, training, or education has been so terminated. (Source: P.A. 103-746, eff. 1-1-25.) |
(225 ILCS 57/75)
(Section scheduled to be repealed on January 1, 2027)
Sec. 75.
Inactive licenses.
Any massage
therapist who notifies the Department in writing on forms
prescribed by the Department may elect to place his or her license on
inactive status and shall, subject to rules of the Department, be excused
from payment of renewal fees until he or she notifies the Department in
writing of his or her desire to resume active status.
A massage therapist requesting
restoration from inactive status shall be required to pay the current
renewal fee and shall be required to restore his or her license as
provided in Section 70 of this Act.
Any massage therapist whose license
is on inactive status shall not practice massage therapy in the
State, and any practice conducted shall be deemed unlicensed practice.
(Source: P.A. 92-860, eff. 6-1-03.)
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(225 ILCS 57/80)
(Section scheduled to be repealed on January 1, 2027)
Sec. 80.
Fees.
The fees assessed under this Act shall be set by rule.
(Source: P.A. 92-860, eff. 6-1-03.)
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(225 ILCS 57/85)
(Section scheduled to be repealed on January 1, 2027)
Sec. 85. Deposit of fees and fines; appropriations. All fees and fines collected under this Act
shall be deposited into the General Professions Dedicated Fund. All moneys in
the Fund shall be used by the Department of Financial and Professional Regulation, as
appropriated, for the ordinary and contingent expenses of the Department.
(Source: P.A. 97-514, eff. 8-23-11.)
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(225 ILCS 57/90)
(Section scheduled to be repealed on January 1, 2027)
Sec. 90. Violations; injunction; cease and desist order.
(a) If
any person violates a provision of this Act, the Secretary may, in the name
of the People of the State of Illinois, through the Attorney General of
the State of Illinois or the State's Attorney in the county in which the
offense occurs, petition for an order enjoining the violation or
for an order enforcing compliance with this Act. Upon the filing of a verified
petition in court, the court may issue a temporary restraining order,
without notice or bond, and may preliminarily and permanently enjoin the
violation. If it is established that the person has violated or is
violating the injunction, the court may punish the offender for contempt
of court. Proceedings under this Section shall be in addition to, and not
in lieu of, all other remedies and penalties provided by this Act.
(b) If any person practices as a
massage
therapist
or holds himself or herself out as a massage therapist
without being licensed under the provisions of this Act,
then the Secretary, any licensed massage therapist, any
interested party, or any person injured thereby may
petition for relief as provided in subsection (a) of this
Section or may apply to the circuit court of the county in which the
violation or some part thereof occurred, or in which the person complained
of has his or her principal place of business or resides, to prevent the
violation. The court has jurisdiction to enforce obedience by injunction or
by other process restricting the person complained of from further
violation and enjoining upon him or her obedience.
(c) Whenever, in the opinion of the Department, a person violates any
provision of this Act, the Department may issue a rule to show cause why
an order to cease and desist should not be entered against him or her. The rule
shall clearly set forth the grounds relied upon by the Department and shall
provide a period of 7 days from the date of the rule to file an answer to
the satisfaction of the Department. Failure to answer to the satisfaction
of the Department shall cause an order to cease and desist to be issued.
(Source: P.A. 97-514, eff. 8-23-11.)
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(225 ILCS 57/95)
(Section scheduled to be repealed on January 1, 2027)
Sec. 95. Investigations; notice and hearing. The Department may investigate the actions of any applicant or of any person or persons rendering or offering to render massage therapy services or any person holding or claiming to hold a license as a massage therapist. The Department shall, before refusing to issue or renew a license or to discipline a licensee under Section 45, at least 30 days prior to the date set for the hearing, (i) notify the accused in writing of the charges made and the time and place for the hearing on the charges, (ii) direct him or her to file a written answer with the Department under oath within 20 days after the service of the notice, and (iii) inform the applicant or licensee that failure to file an answer will result in a default judgment being entered against the applicant or licensee. At the time and place fixed in the notice, the Department shall proceed to hear the charges and the parties of their counsel shall be accorded ample opportunity to present any pertinent statements, testimony, evidence, and arguments. The Department may continue the hearing from time to time. In case the person, after receiving the notice, fails to file an answer, his or her license may, in the discretion of the Department, be revoked, suspended, placed on probationary status, or the Department may take whatever disciplinary actions considered proper, including limiting the scope, nature, or extent of the person's practice or the imposition of a fine, without a hearing, if the act or acts charged constitute sufficient grounds for that action under the Act. The written notice may be served by personal delivery, by certified mail to the accused's address of record, or by email to the accused's email address of record.
(Source: P.A. 102-20, eff. 1-1-22.)
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(225 ILCS 57/100)
(Section scheduled to be repealed on January 1, 2027)
Sec. 100. Stenographer; transcript. The Department, at its expense,
shall preserve a record of all proceedings at the formal hearing of any
case.
Any notice, all documents in the nature of pleadings, written motions filed in the proceedings, the transcripts of testimony, reports of the Board and hearing officer, and orders of the Department shall be in the record of the proceeding.
(Source: P.A. 97-514, eff. 8-23-11.)
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(225 ILCS 57/105)
(Section scheduled to be repealed on January 1, 2027)
Sec. 105. Subpoenas; depositions; oaths. (a) The Department may subpoena and bring before it any person to take the oral or written testimony or compel the production of any books, papers, records, or any other documents that the Secretary or his or her designee deems relevant or material to any such investigation or hearing conducted by the Department with the same fees and in the same manner as prescribed in civil cases in the courts of this State. (b) Any circuit court, upon the application of the licensee or the Department, may order the attendance and testimony of witnesses and the production of relevant documents, files, records, books, and papers in connection with any hearing or investigation. The circuit court may compel obedience to its order by proceedings for contempt. (c) The Secretary, the hearing officer, any member of the Board, or a certified shorthand court reporter may administer oaths at any hearing the Department conducts. Notwithstanding any other statute or Department rule to the contrary, all requests for testimony, production of documents, or records shall be in accordance with this Act.
(Source: P.A. 97-514, eff. 8-23-11.)
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(225 ILCS 57/110)
(Section scheduled to be repealed on January 1, 2027)
Sec. 110. Findings and recommendations. At the conclusion of the
hearing,
the Board shall present to the Secretary a written report of its findings
and recommendations. The report shall contain a finding of whether or not
the accused person violated this Act or failed to comply with the conditions
required in this Act. The Board shall specify the nature of the violation
or failure to comply and shall make its recommendations to the Secretary.
The report of findings and recommendations of the Board shall be the
basis for the Department's order or refusal or for the granting of a license
unless the Secretary shall determine that the Board's report
is contrary to the manifest weight of the evidence, in which case the Secretary
may issue an order in contravention of the Board's report. The finding
is not admissible in evidence against the person in a criminal prosecution
brought for the violation of this Act, but the hearing and finding are not
a bar to a criminal prosecution brought for the violation of this Act.
(Source: P.A. 97-514, eff. 8-23-11.)
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(225 ILCS 57/115)
(Section scheduled to be repealed on January 1, 2027)
Sec. 115. Board; rehearing. In any case involving the refusal to issue or renew
a license
or discipline of a licensee, a copy of the Board's report shall be served
upon the respondent by the Department, either personally or as provided
in this Act for the service of the notice of hearing. Within 20 days after
service, the respondent may present to the Department a motion,
in writing and specifying particular grounds,
for a rehearing.
If no motion for rehearing is filed, then upon the expiration of the time
specified for filing the motion, or if a motion for rehearing is denied,
then upon the denial, the Secretary may enter an order in accordance with
recommendations of the Board, except as provided in Section 110
of this Act. If the respondent shall order from the reporting service and
pay for a transcript of the record within the time for filing a motion for
rehearing, the 20 day period within which the motion may be filed shall
commence upon the delivery of the transcript to the respondent.
(Source: P.A. 97-514, eff. 8-23-11.)
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(225 ILCS 57/120)
(Section scheduled to be repealed on January 1, 2027)
Sec. 120. Secretary; rehearing. Whenever the Secretary believes that substantial justice has not been done in the revocation, suspension, or refusal to issue, restore, or renew a license, or other discipline of an applicant or licensee, the Secretary may order a rehearing by the same or other hearing officers.
(Source: P.A. 97-514, eff. 8-23-11.)
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(225 ILCS 57/125)
(Section scheduled to be repealed on January 1, 2027)
Sec. 125. Appointment of a hearing officer. The Secretary shall have
the authority to appoint any attorney duly licensed to practice law in this
State to serve as the hearing officer in any action for refusal
to issue or renew a license or permit or for the discipline of a licensee.
The hearing officer
shall have full authority to conduct the hearing. The hearing officer shall
report his or her findings and recommendations to the Board and the Secretary.
The Board shall have 60 days after receipt of the report to review the
report of the hearing officer and present its findings of fact, conclusions
of law, and recommendations to the Secretary. If the Board fails to present
its report within the 60-day period, the Secretary shall issue an order based
on the report of the hearing officer. If the Secretary determines that the
Board's report is contrary to the manifest weight of the evidence, he or she
may issue an order in contravention of the Board's report.
(Source: P.A. 97-514, eff. 8-23-11.)
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(225 ILCS 57/130)
(Section scheduled to be repealed on January 1, 2027)
Sec. 130. Order or certified copy; prima facie proof. An order or a certified copy thereof, over the seal of the Department and
purporting to be signed by the Secretary, shall be prima facie proof that:
(1) the signature is the genuine signature of the | ||
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(2) the Secretary is duly appointed and qualified; | ||
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(3) the Board and the members of the Board are | ||
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(Source: P.A. 97-514, eff. 8-23-11.)
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(225 ILCS 57/135)
(Section scheduled to be repealed on January 1, 2027)
Sec. 135. Restoration of license from discipline. At any time after the successful completion of a term of indefinite probation, suspension, or revocation of a license, the Department may restore the license to the licensee, upon written recommendation of the Board, unless after an investigation and a hearing the Secretary determines that restoration is not in the public interest. No person or entity whose license, certificate, or authority has been revoked as authorized in this Act may apply for restoration of that license, certification, or authority until such time as provided for in the Civil Administrative Code of Illinois.
(Source: P.A. 97-514, eff. 8-23-11.)
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(225 ILCS 57/140)
(Section scheduled to be repealed on January 1, 2027)
Sec. 140.
Surrender of license.
Upon the revocation or suspension
of any license, the licensee shall surrender the license
to the Department and, if the licensee fails to do so, the Department
shall have the right to seize the license.
(Source: P.A. 92-860, eff. 6-1-03.)
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(225 ILCS 57/145)
(Section scheduled to be repealed on January 1, 2027)
Sec. 145. Temporary suspension of a license. The Secretary may
temporarily suspend the license of a massage therapist
without a hearing, simultaneously with the institution
of proceedings for a hearing provided for in Section 95 of this Act, if the
Secretary finds that the evidence in his or her possession indicates that
continuation in practice
would constitute an imminent danger to the public. In the event that the Secretary
temporarily suspends the license of a massage therapist
without a hearing, a hearing by the Board must be held within 30 calendar days
after the suspension has occurred.
(Source: P.A. 97-514, eff. 8-23-11.)
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(225 ILCS 57/150)
(Section scheduled to be repealed on January 1, 2027)
Sec. 150. Administrative review; venue. All final administrative
decisions of the Department are subject to judicial review under the
Administrative Review Law and its rules. The term "administrative decision" is
defined as in Section 3-101 of the Code of Civil Procedure.
Proceedings for judicial review shall be commenced in the circuit court
of the county in which the party applying for relief resides; but if the
party is not a resident of this State, the venue shall be in Sangamon County.
The Department shall not be required to certify any record to the court
or file any answer in court or otherwise appear in any court in a judicial
review proceeding, unless and until the Department has received from the plaintiff payment of the costs of
furnishing and certifying the record, which costs shall be determined by the Department. Failure on the part of the
plaintiff to file a receipt in court shall be grounds for dismissal of the
action.
(Source: P.A. 97-514, eff. 8-23-11.)
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(225 ILCS 57/155)
(Section scheduled to be repealed on January 1, 2027)
Sec. 155. Violations. (a) A person who is found to have violated any
provision of this Act is guilty of a Class A misdemeanor for the first
offense and a Class 4 felony for the second and any subsequent offense. (b) Whoever knowingly practices or offers to practice massage therapy in this State without a license for that purpose, or whoever knowingly aids, abets, assists, procures, advises, employs, or contracts with any unlicensed person to practice massage therapy contrary to any rule or provision of this Act, shall be guilty of a Class A misdemeanor and, for each subsequent conviction, shall be guilty of a Class 4 felony.
(Source: P.A. 97-514, eff. 8-23-11.)
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(225 ILCS 57/160)
(Section scheduled to be repealed on January 1, 2027)
Sec. 160. Returned checks; fines. Any person who delivers a check or other payment to the Department that
is returned to the Department unpaid by the financial institution upon
which it is drawn shall pay to the Department, in addition to the amount
already owed to the Department, a fine of $50. The fines imposed by this Section are in addition
to any other discipline provided under this Act for unlicensed
practice or practice on a nonrenewed license. The Department shall notify
the person that payment of fees and fines shall be paid to the Department
by certified check or money order within 30 calendar days of the
notification. If, after the expiration of 30 days from the date of the
notification, the person has failed to submit the necessary remittance, the
Department shall automatically terminate the license or deny
the application, without hearing. If, after termination or denial, the
person seeks a license, he or she shall apply to the
Department for restoration or issuance of the license and
pay all fees and fines due to the Department. The Department may establish
a fee for the processing of an application for restoration of a license
to pay all expenses of processing this application. The Secretary
may waive the fines due under this Section in individual cases where the
Secretary finds that the fines would be unreasonable or unnecessarily
burdensome.
(Source: P.A. 97-514, eff. 8-23-11.)
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(225 ILCS 57/165)
(Section scheduled to be repealed on January 1, 2027)
Sec. 165. Unlicensed practice; violation; civil penalty.
(a) Any person who practices, offers to practice, attempts to practice, or
holds himself or herself out to practice massage therapy or as a massage
therapist
without being licensed under this Act, or any person not licensed under this Act who aids, abets, assists, procures, advises, employs, or contracts with any unlicensed person to practice massage therapy contrary to any rules or provisions of this Act, shall, in
addition to any other penalty provided by law, pay a civil penalty to the
Department in an amount not to exceed $10,000 for each violation of this Act as determined by
the Department. The civil penalty shall be assessed by the Department after a
hearing is held in accordance with the provisions set forth in this Act
regarding the provision of a hearing for the discipline of a licensee.
(b) The Department has the authority and power to investigate any
unlicensed activity.
(c) The civil penalty shall be paid within 60 days after the effective date
of the order imposing the civil penalty. The order shall constitute a judgment
and may be filed and execution had thereon in the same manner as any judgment
from any court of record.
(d) All moneys collected under this Section shall be deposited into the General Professions Dedicated Fund. (Source: P.A. 97-514, eff. 8-23-11.)
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(225 ILCS 57/168) (Section scheduled to be repealed on January 1, 2027) Sec. 168. Confidentiality. All information collected by the Department in the course of an examination or investigation of a licensee or applicant, including, but not limited to, any complaint against a licensee filed with the Department and information collected to investigate any such complaint, shall be maintained for the confidential use of the Department and shall not be disclosed. The Department may not disclose the information to anyone other than law enforcement officials, other regulatory agencies that have an appropriate regulatory interest as determined by the Secretary, or to a party presenting a lawful subpoena to the Department. Information and documents disclosed to a federal, State, county, or local law enforcement agency shall not be disclosed by the agency for any purpose to any other agency or person. A formal complaint filed against a licensee by the Department or any order issued by the Department against a licensee or applicant shall be a public record, except as otherwise prohibited by law.
(Source: P.A. 97-514, eff. 8-23-11.) |
(225 ILCS 57/170)
(Section scheduled to be repealed on January 1, 2027)
Sec. 170.
Severability.
If any provision of this Act or the application
of any provision of this Act to any person or circumstance is held invalid, the
invalidity does not affect other provisions or applications of the Act that can
be given effect without the invalid provision or application, and for this
purpose the provisions of this Act are severable.
(Source: P.A. 92-860, eff. 6-1-03.)
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(225 ILCS 57/950)
Sec. 950.
(Amendatory provisions; text omitted).
(Source: P.A. 92-860, eff. 6-1-03.)
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