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Public Act 097-0514 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Regulatory Sunset Act is amended by changing | ||||
Section 4.22 and by adding Section 4.32 as follows:
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(5 ILCS 80/4.22)
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Sec. 4.22. Acts repealed on January 1, 2012. The following
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Acts are repealed on January 1, 2012:
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The Detection of Deception Examiners Act.
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The Home Inspector License Act.
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The Interior Design Title Act.
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The Massage Licensing Act.
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The Petroleum Equipment Contractors Licensing Act.
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The Professional Boxing Act.
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The Real Estate Appraiser Licensing Act of 2002.
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The Water Well and Pump Installation Contractor's License | ||||
Act.
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(Source: P.A. 95-331, eff. 8-21-07.)
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(5 ILCS 80/4.32 new) | ||||
Sec. 4.32. Acts repealed on January 1, 2022. The following | ||||
Act is repealed on January 1, 2022: | ||||
The Massage Licensing Act. |
Section 10. The Massage Licensing Act is amended by | ||
changing Sections 10, 15, 25, 30, 35, 40, 45, 55, 60, 70, 85, | ||
90, 95, 100, 105, 110, 115, 120, 125, 130, 135, 145, 150, 155, | ||
160, and 165 and by adding Sections 17, 19, 32, and 168 as | ||
follows:
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(225 ILCS 57/10)
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(Section scheduled to be repealed on January 1, 2012)
| ||
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
Director .
| ||
"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.
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"Director" means the Director of Professional Regulation.
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"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
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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
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meets the following requirements:
| ||
(1) The organization requires that its members meet | ||
minimum educational
requirements. The educational |
requirements must include anatomy, physiology,
hygiene,
| ||
sanitation, ethics, technical theory, and application of | ||
techniques.
| ||
(2) The organization has an established code of ethics | ||
and has procedures
for the
suspension and revocation of | ||
membership of persons violating the code of
ethics.
| ||
"Secretary" means the Secretary of Financial and | ||
Professional Regulation. | ||
(Source: P.A. 92-860, eff. 6-1-03; 93-524, eff. 8-12-03.)
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(225 ILCS 57/15)
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(Section scheduled to be repealed on January 1, 2012)
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Sec. 15. Licensure requirements.
| ||
(a) Persons Beginning January 1, 2005,
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 | ||
prescribed forms and has
paid the
required fees.
| ||
(2) The applicant is at least 18 years of age and of | ||
good moral character.
In
determining good
moral character, | ||
the Department may take into consideration
conviction of | ||
any crime under the laws of the United States or any state | ||
or
territory
thereof that is a felony or a misdemeanor or | ||
any crime that is directly related
to the practice of the | ||
profession.
Such a conviction shall not operate |
automatically as a complete
bar to a license,
except in the | ||
case of any conviction for prostitution, rape, or sexual
| ||
misconduct,
or where the applicant is a registered sex | ||
offender.
| ||
(3) The applicant has met one of the following | ||
requirements:
| ||
(A) has successfully completed a massage therapy | ||
program the curriculum or curriculums of one or
more | ||
massage therapy schools approved by the Department | ||
that requires require
a minimum
of 500 hours , except | ||
applicants applying on or after January 1, 2014 shall | ||
meet a minimum requirement of 600 hours,
and has
passed | ||
a
competency examination
approved by the Department;
| ||
(B) holds a current license from another | ||
jurisdiction having licensure
requirements that | ||
include the completion of a massage therapy program of | ||
at least 500 hours that meet or exceed those defined | ||
within this Act ; or
| ||
(C) (blank). has moved to Illinois from a | ||
jurisdiction with no licensure
requirement and has
| ||
provided documentation that he or she has successfully | ||
passed the
National Certification Board of Therapeutic | ||
Massage and Bodywork's examination
or another
massage | ||
therapist certifying examination approved by the | ||
Department
and maintains current certification.
| ||
(b) Each applicant for licensure as a massage therapist |
shall have his or her fingerprints submitted to the Department | ||
of 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 Department of State | ||
Police. These fingerprints shall be checked against the | ||
Department of State Police and Federal Bureau of Investigation | ||
criminal history record databases now and hereafter filed. The | ||
Department of 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 Department of | ||
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. 92-860, eff. 6-1-03; 93-524, eff. 8-12-03; | ||
93-908, eff. 8-11-04.)
| ||
(225 ILCS 57/17 new) | ||
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. | ||
(225 ILCS 57/19 new) | ||
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.
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(225 ILCS 57/25)
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(Section scheduled to be repealed on January 1, 2012)
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Sec. 25. Exemptions.
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(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,
podiatrists, 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, charge a fee for massage therapy
services.
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(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) Practitioners of Asian bodywork approaches are exempt | ||
from this Act if
they are members of the American Organization | ||
of Bodywork Therapies of Asia as
certified practitioners or if | ||
they are approved by an Asian bodywork
organization based on a | ||
minimum level of training, demonstration of competency,
and | ||
adherence to ethical standards set by their governing body.
| ||
(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 | ||
or services 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 non-Illinois based team or | ||
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. Nothing in this Act | ||
applies to persons or entities practicing the specified | ||
occupations set forth in subsection (a) of, and pursuant to a | ||
licensing exemption granted in subsection (b) or (d) of, | ||
Section 2105-350 of the Department of Professional Regulation | ||
Law of the Civil Administrative Code of Illinois, but only for | ||
so long as the 2016 Olympic and Paralympic Games Professional | ||
Licensure Exemption Law is operable. | ||
(Source: P.A. 96-7, eff. 4-3-09.)
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(225 ILCS 57/30)
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(Section scheduled to be repealed on January 1, 2012)
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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.
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(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. 92-860, eff. 6-1-03.)
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(225 ILCS 57/32 new) | ||
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.
| ||
(225 ILCS 57/35)
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(Section scheduled to be repealed on January 1, 2012)
| ||
Sec. 35. Massage Licensing Board.
| ||
(a) The Secretary Director shall appoint a Massage | ||
Licensing Board, which shall serve
in
an
advisory capacity to | ||
the Secretary Director . 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 Director 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 Director in regard to any | ||
matter affecting the administration of this Act. The Secretary
| ||
Director shall give
due consideration to all recommendations of | ||
the Board. If the Director takes
action contrary to a
| ||
recommendation of the Board, the Director shall provide
a | ||
written
explanation of that
action.
| ||
(f) The Secretary Director may terminate the appointment of | ||
any member for cause
which, in the opinion of the Secretary | ||
Director reasonably justifies termination, which
may
include, | ||
but is not limited to, a Board member who does not attend 2
| ||
consecutive meetings.
| ||
(Source: P.A. 92-860, eff. 6-1-03; 93-524, eff. 8-12-03.)
| ||
(225 ILCS 57/40)
|
(Section scheduled to be repealed on January 1, 2012)
| ||
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. | ||
Subject to provisions of this Act,
the Department shall:
| ||
(1) Formulate rules required for the administration of | ||
this Act. Notice
of
proposed rule making shall be | ||
transmitted to the Board and the Department shall
review | ||
the
Board's response and any recommendations made in the | ||
response.
| ||
(2) Determine the qualifications of an applicant for | ||
licensure by
endorsement.
| ||
(3) Conduct hearings or proceedings to refuse to issue | ||
or renew or to
revoke a
license or to suspend, place on | ||
probation, reprimand, or otherwise discipline a
person | ||
licensed under
this Act.
| ||
(4) Solicit the advice and expert knowledge of the | ||
Board on any matter
relating
to the administration and | ||
enforcement of this Act.
| ||
(5) Maintain a roster of the names and addresses of all |
licensees and all
persons
whose licenses have been | ||
suspended, revoked, or denied renewal for cause within
the | ||
previous
calendar year. The roster shall be available upon | ||
written request and payment
of the required
fee.
| ||
(Source: P.A. 92-860, eff. 6-1-03.)
| ||
(225 ILCS 57/45)
| ||
(Section scheduled to be repealed on January 1, 2012)
| ||
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 $1,000 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 | ||
under this Act; being convicted of any crime under the laws | ||
of the United States or
any
state or
territory thereof that | ||
is a felony or a misdemeanor, an essential
element of which | ||
is
dishonesty, or any that is directly related to the | ||
practice of massage.
Conviction, as used
in this paragraph, | ||
shall include a finding or verdict of guilty, an admission
| ||
of guilt, or a plea of
nolo contendere;
| ||
(2) conviction by plea of guilty or nolo contendere, | ||
finding of guilt, jury verdict, or entry of judgment or by | ||
sentencing of any crime, including, but not limited to, |
convictions, preceding sentences of supervision, | ||
conditional discharge, or first offender probation, under | ||
the laws of any jurisdiction of the United States: (i) that | ||
is a felony; or (ii) that is a misdemeanor, an essential | ||
element of which is dishonesty, or that is directly related | ||
to the practice of the profession advertising in a false, | ||
deceptive, or misleading manner ;
| ||
(3) professional incompetence; aiding, assisting, | ||
procuring, or advising any unlicensed person to
practice
| ||
massage contrary to any rules or provisions of this Act;
| ||
(4) advertising in a false, deceptive, or misleading | ||
manner; | ||
(5) aiding, abetting, assisting, procuring, advising, | ||
employing, or contracting with any unlicensed person to | ||
practice massage contrary to any rules or provisions of | ||
this Act;
| ||
(6) (4) engaging in immoral conduct in the commission | ||
of any act, such as
sexual abuse, sexual misconduct, or | ||
sexual exploitation, related to the
licensee's practice;
| ||
(7) (5) engaging in dishonorable, unethical, or | ||
unprofessional conduct of a
character
likely to deceive, | ||
defraud, or harm the public;
| ||
(8) (6) practicing or offering to practice beyond the | ||
scope permitted by law
or
accepting and performing | ||
professional responsibilities which the licensee knows
or | ||
has reason to
know that he or she is not competent to |
perform;
| ||
(9) (7) knowingly delegating professional | ||
responsibilities to a person
unqualified by
training, | ||
experience, or licensure to perform;
| ||
(10) (8) failing to provide information in response to | ||
a written request made
by the
Department within 60 days;
| ||
(11) (9) having a habitual or excessive use of or | ||
addiction to alcohol,
narcotics,
stimulants, or
any other | ||
chemical agent or drug which results in the inability to | ||
practice
with reasonable
judgment, skill, or safety;
| ||
(12) (10) having a pattern of practice or other | ||
behavior that demonstrates
incapacity
or
incompetence to | ||
practice under this Act;
| ||
(13) discipline by another state, District of | ||
Columbia, territory, or foreign nation, if at least one of | ||
the grounds for the discipline is the same or substantially | ||
equivalent to those set forth in this Section; | ||
(14) a finding by the Department that the licensee, | ||
after having his or her license placed on probationary | ||
status, has violated the terms of probation; | ||
(15) willfully making or filing false records or | ||
reports in his or her practice, including, but not limited | ||
to, false records filed with State agencies or departments;
| ||
(16) (11) making a material misstatement in furnishing | ||
information to the
Department or
otherwise making | ||
misleading, deceptive, untrue, or fraudulent |
representations
in violation of this
Act or otherwise in | ||
the practice of the profession;
| ||
(17) fraud or misrepresentation in applying for or | ||
procuring a license under this Act or in connection with | ||
applying for renewal of a license under this Act; (12) | ||
making any misrepresentation for the purpose of obtaining a
| ||
license; or
| ||
(18) inability to practice the profession with | ||
reasonable judgment, skill, or safety as a result of | ||
physical illness, including, but not limited to, | ||
deterioration through the aging process, loss of motor | ||
skill, or a mental illness or disability; (13) having a | ||
physical illness, including but not limited to
| ||
deterioration through
the
aging process or loss of motor | ||
skills, that results in the inability to
practice
the | ||
profession with
reasonable judgment, skill, or safety.
| ||
(19) charging for professional services not rendered, | ||
including filing false statements for the collection of | ||
fees for which services are not rendered; | ||
(20) practicing under a false or, except as provided by | ||
law, an assumed name; or | ||
(21) cheating on or attempting to subvert the licensing | ||
examination administered under this Act. | ||
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. | ||
(d) (b) 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) The Department shall deny a license or renewal | ||
authorized by this Act to a person who has defaulted on an | ||
educational loan or scholarship provided or guaranteed by the |
Illinois Student Assistance Commission or any governmental | ||
agency of this State in accordance with item (5) of subsection | ||
(g) of Section 2105-15 of the Civil Administrative Code of | ||
Illinois. | ||
(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 (g) of Section 2105-15 of the Civil | ||
Administrative Code of Illinois. | ||
(g) (c) 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 (i) 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 and (ii) the recommendation of the | ||
Board to
the
Director that the licensee be allowed to resume | ||
his or her
practice .
| ||
(h) (d) In enforcing this Act Section , 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 be grounds for | ||
suspension of his or her
license until the
individual submits | ||
to the examination if the Department finds, after notice and
| ||
hearing,
that the refusal to submit to the examination was | ||
without reasonable cause .
| ||
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. | ||
If the Department or Board finds an individual unable to | ||
practice because of
the
reasons set forth in this Section, the | ||
Department or Board may require that
individual to
submit to | ||
care, counseling, or treatment by physicians approved or | ||
designated
by the
Department or Board, as a condition, term, or | ||
restriction for continued,
reinstated, or
renewed licensure to | ||
practice; or, in lieu of care, counseling, or treatment,
the | ||
Department
may file, or the Board may recommend to the | ||
Department to file, a complaint to
immediately suspend, revoke, | ||
or otherwise discipline the license of the
individual. An
| ||
individual whose license was granted, continued, reinstated, |
renewed,
disciplined or
supervised subject to such terms, | ||
conditions, or restrictions, and who fails to
comply with
such | ||
terms, conditions, or restrictions, shall be referred to the | ||
Director for
a determination
as to whether the individual shall | ||
have his or her license suspended
immediately, pending
a | ||
hearing by the Department.
| ||
In instances in which the Secretary Director 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. 92-860, eff. 6-1-03.)
| ||
(225 ILCS 57/55)
| ||
(Section scheduled to be repealed on January 1, 2012)
| ||
Sec. 55. Exclusive jurisdiction. The Beginning January 1, | ||
2005, the
regulation
and licensing of massage
therapy is
an |
exclusive power and function of the State. A Beginning January | ||
1, 2005, 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. 92-860, eff. 6-1-03; 93-524, eff. 8-12-03.)
| ||
(225 ILCS 57/60)
| ||
(Section scheduled to be repealed on January 1, 2012)
| ||
Sec. 60. 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 Administrative Procedure | ||
Act is deemed
sufficient when mailed to the address of record | ||
last known address of a party.
| ||
(Source: P.A. 92-860, eff. 6-1-03.)
| ||
(225 ILCS 57/70)
| ||
(Section scheduled to be repealed on January 1, 2012)
| ||
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. | ||
However, a massage therapist
whose
license has expired | ||
while he or she has been engaged (i) in
active duty with the | ||
Army of the United States, the United States Navy, the
Marine | ||
Corps, the Air Force, the Coast Guard, 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
restored without paying | ||
any lapsed renewal fees or restoration fee if,
within 2 years | ||
after termination of the service, training, or education,
other | ||
than by dishonorable discharge, he or she furnishes the |
Department with
an
affidavit to the effect that he or she has | ||
been so engaged and
that his or her service, training, or | ||
education has been terminated.
| ||
(Source: P.A. 92-860, eff. 6-1-03.)
| ||
(225 ILCS 57/85)
| ||
(Section scheduled to be repealed on January 1, 2012)
| ||
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. 92-860, eff. 6-1-03.)
| ||
(225 ILCS 57/90)
| ||
(Section scheduled to be repealed on January 1, 2012)
| ||
Sec. 90. Violations; injunction; cease and desist order.
| ||
(a) If
any person violates a provision of this Act, the | ||
Secretary Director 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 , after January 1, 2005, 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 Director , 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
immediately .
| ||
(Source: P.A. 92-860, eff. 6-1-03; 93-524, eff. 8-12-03.)
| ||
(225 ILCS 57/95)
| ||
(Section scheduled to be repealed on January 1, 2012)
| ||
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 or by certified mail to the accused's address | ||
of record. The Department may
investigate the actions of any | ||
applicant or of any person holding
or claiming to hold a | ||
license. The Department shall, before refusing to
issue or | ||
renew a license or to discipline a licensee pursuant to Section | ||
45,
notify the applicant or holder of
a license in writing, at | ||
least 30 days prior to the date set for the hearing,
of the | ||
nature of the charges and that a hearing will be held
on the | ||
date designated. The notice shall
direct the applicant or | ||
licensee to file a written answer to the Board under
oath | ||
within 20 days after the service of the notice, and
shall | ||
inform the applicant or licensee that failure to file an answer | ||
will
result
in a default judgment being entered against the | ||
applicant or licensee. A
default judgment may result
in the | ||
license being
suspended, revoked, or placed on probationary | ||
status, or other disciplinary
action may be taken, including | ||
limiting the scope, nature, or extent of
practice, as the | ||
Director may deem proper. Written notice may be served by
| ||
personal delivery
or certified or registered mail to the |
respondent at the address of his or her
last notification to | ||
the Department.
In case the person fails to file an answer | ||
after receiving notice, his or
her license or certificate may, | ||
in the discretion of the Department, be
suspended, revoked, or | ||
placed on probationary status and the Department may
take | ||
whatever disciplinary action it deems 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 this Act.
At the time and place fixed in the
notice, the | ||
Board shall proceed to hear the charges and the parties
or | ||
their counsel shall be accorded ample opportunity to present
| ||
statements,
testimony, evidence and argument that may be | ||
pertinent to the charges or to
the licensee's defense. The | ||
Board may continue a hearing from time to time.
| ||
(Source: P.A. 92-860, eff. 6-1-03.)
| ||
(225 ILCS 57/100)
| ||
(Section scheduled to be repealed on January 1, 2012)
| ||
Sec. 100. Stenographer; transcript. The Department, at its | ||
expense,
shall preserve a record of all proceedings at the | ||
formal hearing of any
case involving the refusal to issue or | ||
renew a license or
the
discipline of a licensee .
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. The notice of | ||
hearing, complaint and all other documents in the nature of
| ||
pleadings and written motions filed in the proceedings, the | ||
transcript of
testimony, the report of the Board, and the order | ||
of the Department shall
be the record of the proceeding.
| ||
(Source: P.A. 92-860, eff. 6-1-03.)
| ||
(225 ILCS 57/105)
| ||
(Section scheduled to be repealed on January 1, 2012)
| ||
Sec. 105. Subpoenas; depositions; oaths. Compelling | ||
testimony. | ||
(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. Any circuit court, upon | ||
application
of the Department or its designee or of the | ||
applicant or licensee against whom
proceedings pursuant to | ||
Section 95 of this Act are pending, may enter an order
| ||
requiring the attendance of witnesses and their testimony and | ||
the production
of documents, papers, files, books, and records | ||
in connection with any hearing
or investigation. The court may | ||
compel obedience to its order by proceedings
for contempt.
| ||
(Source: P.A. 92-860, eff. 6-1-03.)
| ||
(225 ILCS 57/110)
| ||
(Section scheduled to be repealed on January 1, 2012)
| ||
Sec. 110. Findings and recommendations. At the conclusion | ||
of the
hearing,
the Board shall present to the Secretary | ||
Director 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 Director .
| ||
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 Director shall | ||
determine that the Board's report
is contrary to the manifest | ||
weight of the evidence, in which case the Secretary Director
| ||
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. 92-860, eff. 6-1-03.)
| ||
(225 ILCS 57/115)
| ||
(Section scheduled to be repealed on January 1, 2012)
| ||
Sec. 115. Board; rehearing 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 Director 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. 92-860, eff. 6-1-03.)
| ||
(225 ILCS 57/120)
| ||
(Section scheduled to be repealed on January 1, 2012)
| ||
Sec. 120. Secretary Director ; 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 Whenever the Director is satisfied
that | ||
substantial justice has not been done in the revocation, | ||
suspension,
or refusal to issue or renew a license, the | ||
Director may order a rehearing
by the same or other examiners .
| ||
(Source: P.A. 92-860, eff. 6-1-03.)
| ||
(225 ILCS 57/125)
| ||
(Section scheduled to be repealed on January 1, 2012)
| ||
Sec. 125. Appointment of a hearing officer. The Secretary | ||
Director 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. At |
least one member of the
Board shall attend each hearing. The | ||
hearing officer shall
report his or her findings and | ||
recommendations to the Board and the Secretary Director .
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 | ||
Director . If the Board fails to present
its report within the | ||
60-day period, the Secretary Director shall issue an order | ||
based
on the report of the hearing officer. If the Secretary | ||
Director 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. 92-860, eff. 6-1-03.)
| ||
(225 ILCS 57/130)
| ||
(Section scheduled to be repealed on January 1, 2012)
| ||
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 | ||
Director , shall be prima facie proof that:
| ||
(1) the signature is the genuine signature of the | ||
Secretary
Director ;
| ||
(2) the Secretary Director is duly appointed and | ||
qualified;
and
| ||
(3) the Board and the members of the Board are | ||
qualified to act.
|
(Source: P.A. 92-860, eff. 6-1-03.)
| ||
(225 ILCS 57/135)
| ||
(Section scheduled to be repealed on January 1, 2012)
| ||
Sec. 135. Restoration of license from discipline suspended | ||
or revoked license . 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 At | ||
any time
after the suspension or revocation of a license, the | ||
Department may restore
it to the accused person upon the | ||
written recommendation of the Board,
unless after an | ||
investigation and a hearing, the Board determines that
| ||
restoration is not in the public interest .
| ||
(Source: P.A. 92-860, eff. 6-1-03.)
| ||
(225 ILCS 57/145)
| ||
(Section scheduled to be repealed on January 1, 2012)
| ||
Sec. 145. Temporary suspension of a license. The Secretary | ||
Director 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 Director 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
Director | ||
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. 92-860, eff. 6-1-03.)
| ||
(225 ILCS 57/150)
| ||
(Section scheduled to be repealed on January 1, 2012)
| ||
Sec. 150. Administrative review; venue. All final | ||
administrative
decisions of the Department are subject to | ||
judicial review under pursuant to 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 | ||
there is filed in the court, with the complaint,
a receipt from |
the Department has received from the plaintiff acknowledging | ||
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. 92-860, eff. 6-1-03.)
| ||
(225 ILCS 57/155)
| ||
(Section scheduled to be repealed on January 1, 2012)
| ||
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. 92-860, eff. 6-1-03.)
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(225 ILCS 57/160)
| ||
(Section scheduled to be repealed on January 1, 2012)
|
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 | ||
Director
may waive the fines due under this Section in | ||
individual cases where the
Secretary Director finds that the | ||
fines would be unreasonable or unnecessarily
burdensome.
| ||
(Source: P.A. 92-860, eff. 6-1-03; 93-524, eff. 8-12-03.)
| ||
(225 ILCS 57/165)
|
(Section scheduled to be repealed on January 1, 2012)
| ||
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 | ||
$5,000 for each violation of this Act offense 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. 92-860, eff. 6-1-03.)
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(225 ILCS 57/168 new) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(225 ILCS 57/20 rep.) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Section 15. The Massage Licensing Act is amended by | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
repealing Section 20.
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Section 99. Effective date. This Act takes effect upon | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
becoming law.
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