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91_HB2211
LRB9104102ACtm
1 AN ACT to create the Massage Licensing Act.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Massage Licensing Act.
6 Section 5. Declaration of public policy. The practice
7 of massage therapy is hereby declared to affect the public
8 health, safety, and welfare and to be subject to regulation
9 in the public interest. The purpose of this Act is to
10 protect and benefit the public by setting standards of
11 qualifications, education, training, and experience for those
12 who seek to practice massage therapy, to promote high
13 standards of professional performance for those licensed to
14 practice massage therapy in the State of Illinois, and to
15 protect the public from unprofessional conduct by persons
16 licensed to practice massage therapy.
17 Section 10. Definitions. As used in this Act:
18 "Approved massage and bodywork school" means a facility
19 which meets minimum standards for training and curriculum as
20 determined by the Department.
21 "Board" means the Massage Therapy Board appointed by the
22 Director.
23 "Compensation" means the payments, loan, advance,
24 donation, contribution, deposit, or gift of money or anything
25 of value.
26 "Department" means the Department of Professional
27 Regulation.
28 "Director" means the Director of Professional Regulation.
29 "Massage and bodywork therapist" means a person who is
30 licensed by the Department and administers massage for
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1 compensation.
2 "Professional massage, bodywork, or somatic therapies
3 association" means a state or nationally chartered
4 organization devoted to the massage specialty and therapeutic
5 approach and meets the following requirements:
6 (1) The organization requires that its members meet
7 minimum educational requirements. The educational
8 requirements must include anatomy, physiology, hygiene,
9 sanitation, ethics, technical theory, and application of
10 modality.
11 (2) The organization has an established code of
12 ethics and has procedures for the suspension and
13 revocation of membership of persons violating the code of
14 ethics.
15 Section 15. Licensure requirements. Persons engaged in
16 massage for compensation shall be licensed by the Department.
17 The Department shall issue a license to an individual who
18 meets all of the following requirements:
19 (1) Has applied in writing on the prescribed forms
20 and has paid the required fees.
21 (2) Is at least 18 years of age and of good moral
22 character. In determining good moral character, the
23 Department may take into consideration any felony
24 conviction of the applicant, but such a conviction shall
25 not operate automatically as a complete bar to a license,
26 except in the case of any conviction for prostitution or
27 sexual misconduct.
28 (3) Has met one of the following requirements:
29 (A) has successfully completed the curriculum
30 or curriculums of one or more approved massage and
31 bodywork schools approved by the Department totaling
32 a minimum of 500 hours;
33 (B) holds a current license from any other
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1 state whose licensure requirements meet or exceed
2 those defined within this Act; or
3 (C) provides documentation that he or she has
4 successfully passed the National Certification Board
5 of Therapeutic Massage and Bodywork's examination or
6 other massage therapist certifying examination
7 approved by the National Commission for Certifying
8 Agencies.
9 Section 20. Grandfathering provision. For a period of 12
10 months after the effective date of this Act, the Department
11 may issue a license to any individual who, in addition to
12 meeting the requirements set forth in paragraphs (1) and (2)
13 of Section 15, meets one of the following requirements:
14 (1) has accrued, prior to the effective date of
15 this Act, 500 hours of documented experience as a massage
16 therapist, with the documented experience presented to
17 the satisfaction of the Department; or
18 (2) has been an active professional member in good
19 standing of a recognized professional massage association
20 for 12 months before the effective date of this Act,
21 documented upon the effective date of this Act.
22 Section 25. Exemptions.
23 (a) This Act does not prohibit a person licensed in this
24 State under any other Act from engaging in the practice for
25 which he or she is licensed.
26 (b) Persons exempted under this Section include, but
27 are not limited to physicians, podiatrists, athletic
28 trainers, naprapaths, and physical therapists.
29 (c) Nothing in this Act shall prohibit qualified members
30 of other professional groups, including but not limited to
31 nurses, occupational therapists, barbers, cosmetologists, and
32 estheticians, from performing massage in a manner consistent
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1 with their training and the code of ethics of their
2 respective professions.
3 (d) Nothing in this Act shall prohibit any student of an
4 approved massage school or program from performing massage,
5 provided that the student does not hold himself or herself
6 out as a licensed massage therapist and does not receive
7 compensation for massage.
8 (e) Exempt bodywork methods include those that involve
9 energy techniques only, without intentional soft tissue
10 manipulation of any kind, movement education and
11 re-education, and somatic education (addressing awareness,
12 posture, and action by verbally and physically guiding the
13 student in the discovery of existing and alternative postures
14 and actions). Specific modalities included in this exemption
15 may be Zen Therapy, Rolfing, Alexander Technique, Reiki,
16 Polarity, Feldenkrais, Trager, Shiatsu, Jin Shin Jyutsu, or
17 Therapeutic Touch.
18 (f) Nothing in this Act shall limit persons who restrict
19 their manipulation of the soft tissues of the human body to
20 the hands, feet, or ears; persons who manipulate the human
21 body above the neck, below the elbow, and below the knee and
22 do not disrobe the client in performing such manipulation;
23 persons practicing the healing arts with the primary purpose
24 of their modality and practice recognized as treatment of the
25 energetic systems of the body rather than treatment for the
26 tonus system of the body, and who may incidentally contact or
27 manipulate soft tissue within the practice of their
28 profession; persons who use touch and verbal communication to
29 deepen awareness of existing patterns of movement in the
30 human body, as well as to suggest new possibilities for
31 movement, and who may incidentally contact or manipulate soft
32 tissue within the practice of their profession.
33 (g) Nothing in this Act shall apply to massage
34 therapists licensed in other states or countries or meeting
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1 standards set forth when providing educational programs or
2 services for a period of time not to exceed 30 days within a
3 calendar year.
4 (h) Nothing in this Act shall prohibit a person from
5 treating ailments by spiritual means through prayer alone in
6 accordance with the tenets and practices of a recognized
7 church or religious denomination.
8 Section 30. Title protection.
9 (a) Therapists regulated by this Act are designated as
10 massage therapists and therefore are entitled to utilize the
11 term "massage" when advertising or printing promotional
12 material.
13 (b) Anyone who knowingly aids and abets one or more
14 persons not authorized to use a professional title regulated
15 by this Act or knowingly employs persons not authorized to
16 use the regulated professional title in the course of their
17 employment, shall be in violation of this Act.
18 (c) Anyone not authorized, under the definitions of this
19 Act, to utilize the term "massage" and who knowingly utilizes
20 the term "massage" when advertising shall be in violation of
21 this Act.
22 Section 35. Massage Licensing Board.
23 (a) The Director shall appoint a Massage Licensing Board
24 which shall serve in an advisory capacity to the Director.
25 The Board shall consist of 9 members, of which 7 shall be
26 massage therapists with at least 3 years of experience in
27 massage. No less than one of the massage therapist members
28 shall represent massage therapy schools. Two members of the
29 Board shall be members of the public who are not licensed
30 under this Act or a similar Act in Illinois or another
31 jurisdiction. Membership on the Board shall reasonably
32 reflect the various massage and bodywork organizations.
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1 Membership on the Board shall reasonably reflect the
2 geographic areas of the State.
3 (b) Members shall be appointed to a 3-year term, except
4 initial appointees shall serve the following terms: 3 members
5 shall serve for one year, 3 members shall serve for 2 years,
6 and 3 members shall serve 3 years. A member whose term has
7 expired shall continue to serve until his or her successor is
8 appointed. No member shall be reappointed to the Board for a
9 term that would cause his or her continuous service on the
10 Board to exceed 8 years. Appointments to fill vacancies
11 shall be made in the same manner as the original appointments
12 for the unexpired portion of the vacated term.
13 (c) The members of the Board are entitled to receive as
14 compensation a reasonable sum as determined by the Director
15 for each day actually engaged in the duties of the Board and
16 all legitimate and necessary expenses incurred while
17 attending Board and Department meetings.
18 (d) Members of the Board shall be immune from suit in
19 any action based upon any disciplinary proceedings or other
20 activities performed in good faith as members of the Board.
21 (e) The Director shall consider the recommendations of
22 the Board on questions involving standards of professional
23 conduct, discipline, and qualifications of candidates and
24 licensees under this Act. Nothing shall limit the ability of
25 the Board to provide recommendations to the Director in
26 regard to any matter affecting the administration of this
27 Act. The Director shall give due consideration to all
28 recommendations of the Board. If the Director takes action
29 contrary to a recommendation of the Board, the Director shall
30 promptly provide a written explanation of that action.
31 (f) The Director may terminate the appointment of any
32 member for cause which, in the opinion of the Director,
33 reasonably justifies termination.
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1 Section 40. Powers of the Department. Subject to
2 provisions of this Act, the Department shall:
3 (1) Formulate rules required for the administration
4 of this Act. Notice of proposed rulemaking shall be
5 transmitted to the Board and the Department shall review
6 the Board's response and any recommendations made in the
7 response.
8 (2) Determine the qualifications of an applicant
9 for licensure by endorsement.
10 (3) Conduct hearings on proceedings to refuse to
11 issue, renew, or revoke a license or to suspend, place on
12 probation, or reprimand a person licensed under this Act.
13 (4) Solicit the advice and expert knowledge of the
14 Board on any matter relating to the administration and
15 enforcement of this Act.
16 (5) Issue a quarterly report to the Board of the
17 status of all complaints related to this Act received by
18 the Department.
19 (6) Maintain a roster of the names and addresses of
20 all licensees and all persons whose licenses have been
21 suspended, revoked, or denied renewal for cause within
22 the previous calendar year. The roster shall be
23 available upon written request and payment of the
24 required fee.
25 Section 45. Grounds for discipline.
26 (a) The Department may refuse to issue, renew, or may
27 revoke, suspend, place on probation, reprimand, or take other
28 disciplinary action, as the Department considers appropriate,
29 including the issuance of fines not to exceed $1,000 for each
30 violation, with regard to any license for any one or more of
31 the following:
32 (1) Conviction of any crime under the laws of the
33 United States or any state or territory thereof which is
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1 a felony or which is a misdemeanor, an essential element
2 of which is dishonesty, or any crime which is directly
3 related to the practice of massage. Conviction, as used
4 in this paragraph, shall include a finding or verdict of
5 guilty, an admission of guilt, or a plea of nolo
6 contendere.
7 (2) False, deceptive, or misleading advertising.
8 (3) Aiding, assisting, procuring, or advising any
9 unlicensed person to practice massage or bodywork
10 contrary to any rules or provisions of this Act.
11 (4) Engaging, attempting, or offering to engage a
12 client in sexual activity, including any genital contact,
13 within a client-therapist relationship. A client shall
14 be presumed incapable of giving free, full, and informed
15 consent to sexual activity with his or her massage
16 therapist.
17 (5) Engaging in dishonorable, unethical, or
18 unprofessional conduct of a character likely to deceive,
19 defraud, or harm the public.
20 (6) Practicing or offering to practice beyond the
21 scope permitted by law or accepting and performing
22 professional responsibilities which the licensee knows or
23 has reason to know that he or she is not competent to
24 perform.
25 (7) Knowingly delegating professional
26 responsibilities to a person unqualified by training,
27 experience, or licensure to perform.
28 (8) Failing to provide information in response to a
29 written request made by the Department within 60 days.
30 (9) Habitual or excessive use or addiction to
31 alcohol, narcotics, stimulants, or any other chemical
32 agent or drug which results in the inability to practice
33 with reasonable judgment, skill, or safety.
34 (10) A pattern of practice or other behavior which
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1 demonstrates incapacity or incompetence to practice under
2 this Act.
3 (11) Material misstatement in furnishing
4 information to the Department or otherwise making
5 misleading, deceptive, untrue, or fraudulent
6 representations in violation of this Act or otherwise in
7 the practice of the profession.
8 (12) Making any misrepresentation for the purpose
9 of obtaining a license.
10 (13) Physical illness, including but not limited
11 to, deterioration through the aging process or loss of
12 motor skills that results in the inability to practice
13 the profession with reasonable judgment, skill, or
14 safety.
15 (b) The Department may refuse to issue or may suspend
16 the license of any person who fails to file a return, to pay
17 the tax, penalty, or interest shown in a filed return, or to
18 pay any final assessment of tax, penalty, or interest, as
19 required by any tax Act administered by the Illinois
20 Department of Revenue, until such time as the requirements of
21 the tax Act are satisfied.
22 Section 50. Advertising. It is a misdemeanor for any
23 person to advertise as a massage therapist, unless the person
24 holds a valid license under this Act. Further, it shall be a
25 violation of this Act for any person to advertise by
26 combining advertising for a licensed massage therapy service
27 with escort or dating services. "Advertise" as used in this
28 Section includes, but is not limited to, the issuance of any
29 card, sign, or device to any person; the causing, permitting,
30 or allowing of any sign or marking on or in any building,
31 vehicle, or structure; advertising in any newspaper or
32 magazine; any listing or advertising in any directory under a
33 classification or heading that includes the word "massage";
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1 or commercials broadcast by airwave transmission.
2 Section 55. Exclusive jurisdiction. The regulation and
3 licensing of massage therapy is an exclusive power and
4 function of the State. A home rule unit may not regulate or
5 license massage therapists. This Section is a denial and
6 limitation of home rule powers and functions under subsection
7 (h) of Section 6 of Article VII of the Illinois Constitution.
8 Section 60. Administrative Procedure Act. The Illinois
9 Administrative Procedure Act is hereby expressly adopted and
10 incorporated herein as if all of the provisions of that Act
11 were included in this Act, except that the provision of
12 subsection (d) of Section 10-65 of the Illinois
13 Administrative Procedure Act that provides that at hearings
14 the licensee has the right to show compliance with all lawful
15 requirements for retention, or continuation or renewal of the
16 license is specifically excluded. For the purposes of this
17 Act the notice required under Section 10-25 of the
18 Administrative Procedure Act is deemed sufficient when mailed
19 to the last known address of a party.
20 Section 65. Renewal of licenses. The expiration date
21 and renewal period for each license issued under this Act
22 shall be set by rule. The holder of a license may renew such
23 license during the month preceding the expiration date
24 thereof by paying the required fee.
25 Section 70. Restoration of expired licenses. A massage
26 and body work therapist who has permitted his or her license
27 to expire or who has had his or her license on inactive
28 status may have his or her license restored by making
29 application to the Department and filing proof acceptable to
30 the Department of his or her fitness to have his or her
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1 license restored, including sworn evidence certifying to
2 active practice in another jurisdiction satisfactory to the
3 Department and by paying the required restoration fee.
4 If the massage and bodywork therapist has not maintained
5 an active practice in another jurisdiction satisfactory to
6 the Department, the Committee shall determine, by an
7 evaluation program established by rule his or her fitness to
8 resume active status and may require the massage and bodywork
9 therapist to complete a period of evaluated clinical
10 experience and may require successful completion of an
11 examination.
12 Any massage and bodywork therapist whose license has been
13 expired or placed on inactive status for more than 5 years
14 may have his or her license restored by making application to
15 the Department and filing proof acceptable to the Department
16 of his or her fitness to have his or her license restored,
17 including sworn evidence certifying to active practice in
18 another jurisdiction and by paying the required restoration
19 fee.
20 However, any massage and bodywork therapist whose
21 license has expired while he or she has been engaged (i) in
22 the federal service in active duty with the Army of the
23 United States, the United States Navy, the Marine Corps, the
24 Air Force, the Coast Guard, or the State Militia called into
25 the service or training of the United States of America, or
26 (ii) in training or education under the supervision of the
27 United States preliminary to induction into the military
28 service, may have his or her license restored without paying
29 any lapsed renewal fees or restoration fee if, within 2 years
30 after termination of such service, training, or education,
31 other than by dishonorable discharge, he or she furnishes the
32 Department with an affidavit to the effect that he or she has
33 been so engaged and that his or her service, training, or
34 education has been so terminated.
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1 Section 75. Inactive licenses. Any massage and bodywork
2 therapist who notifies the Department in writing on forms
3 prescribed by the Department, may elect to place his or her
4 license on an inactive status and shall, subject to rules of
5 the Department, be excused from payment of renewal fees until
6 he or she notifies the Department in writing of his or her
7 desire to resume active status.
8 Any massage and bodywork therapist requesting restoration
9 from inactive status shall be required to pay the current
10 renewal fee and shall be required to restore his or her
11 license, as provided in Section 70 of this Act.
12 Any massage and bodywork therapist whose license is in an
13 inactive status shall not practice massage therapy in the
14 State of Illinois and that practice shall be deemed
15 unlicensed practice.
16 Section 80. Fees.
17 (a) The application fee for a license is $100.
18 (b) The fee for the renewal of a license shall be
19 calculated at the rate of $50 per year.
20 (c) The fee for the restoration of a license other than
21 from inactive status is $10 plus payment of all lapsed
22 renewal fees.
23 (d) The fee to be paid for the issuance of a duplicate
24 license, for the issuance of a replacement license, for a
25 replacement license for a license that has been lost or
26 destroyed, or for the issuance of a license with a change of
27 name or address other than during the renewal period is $20.
28 (e) The fee for a certification of a license for any
29 purpose is $20.
30 (f) The fee for a wall certificate evidencing licensing
31 shall be the actual cost of producing that certificate.
32 (g) The fee for a roster of persons licensed as physical
33 therapists or physical therapists assistants in this State
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1 shall be the actual cost of producing that roster.
2 Section 85. Deposit of fees and fines; appropriations.
3 All fees and fines collected under this Act shall be
4 deposited into the General Professions Dedicated Fund. All
5 moneys in the Fund shall be used by the Department of
6 Professional Regulation, as appropriated, for the ordinary
7 and contingent expenses of the Department.
8 Section 90. Violations; injunction; cease and desist
9 order.
10 (a) If any person violates the provisions of this Act,
11 the Director may, in the name of the People of the State of
12 Illinois, through the Attorney General of the State of
13 Illinois or the State's Attorney in the county in which the
14 offense occurs, petition for an order enjoining such
15 violation or for an order enforcing compliance with this Act.
16 Upon the filing of a verified petition in such court, the
17 court may issue a temporary restraining order, without notice
18 or bond, and may preliminarily and permanently enjoin the
19 violation. If it is established that the person has violated
20 or is violating the injunction, the court may punish the
21 offender for contempt of court. Proceedings under this
22 Section shall be in addition to, and not in lieu of, all
23 other remedies and penalties provided by this Act.
24 (b) If any person shall practice as a massage and
25 bodywork therapist or hold himself out as a massage and
26 bodywork therapist without being licensed under the
27 provisions of this Act then any licensed massage and bodywork
28 therapist, any interested party, or any person injured
29 thereby may, in addition to the Director, petition for relief
30 as provided in subsection (a) of this Section or may apply to
31 the Circuit Court of the county in which the violation or
32 some part thereof occurred, or in which the person complained
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1 of has his or her principal place of business or resides, to
2 prevent such violation. The court has jurisdiction to enforce
3 obedience by injunction or by other process restricting the
4 person complained of from further violation and enjoining
5 upon him obedience.
6 (c) Whenever in the opinion of the Department any person
7 violates any provision of this Act, the Department may issue
8 a rule to show cause why an order to cease and desist should
9 not be entered against him. The rule shall clearly set forth
10 the grounds relied upon by the Department and shall provide a
11 period of 7 days from the date of the rule to file an answer
12 to the satisfaction of the Department. Failure to answer to
13 the satisfaction of the Department shall cause an order to
14 cease and desist to be issued immediately.
15 Section 95. Investigations; notice and hearing. The
16 Department may investigate the actions of any applicant or of
17 any person or persons holding or claiming to hold a license.
18 The Department shall, before refusing to issue, to renew or
19 discipline a license pursuant to Section 45, at least 30 days
20 prior to the date set for the hearing, notify in writing the
21 applicant for, or holder of, a license of the nature of the
22 charges, that a hearing will be held on the date designated,
23 and direct the applicant or licensee to file a written answer
24 to the Board under oath within 20 days after the service of
25 the notice and inform the applicant or licensee that failure
26 to file an answer will result in default being taken against
27 the applicant or licensee and that the license or certificate
28 may be suspended, revoked, placed on probationary status, or
29 other disciplinary action may be taken, including limiting
30 the scope, nature, or extent of practice, as the Director may
31 deem proper. Written notice may be served by personal
32 delivery or certified or registered mail to the respondent at
33 the address of his last notification to the Department. In
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1 case the person fails to file an answer after receiving
2 notice, his or her license or certificate may, in the
3 discretion of the Department, be suspended, revoked, or
4 placed on probationary status or the Department may take
5 whatever disciplinary action deemed proper, including
6 limiting the scope, nature, or extent of the person's
7 practice or the imposition of a fine, without a hearing, if
8 the act or acts charged constitute sufficient grounds for
9 such action under this Act. At the time and place fixed in
10 the notice, the Board shall proceed to hear the charges and
11 the parties or their counsel shall be accorded ample
12 opportunity to present such statements, testimony, evidence
13 and argument as may be pertinent to the charges or to their
14 defense. The Board may continue a hearing from time to time.
15 Section 100. Stenographer; transcript. The Department,
16 at its expense, shall preserve a record of all proceedings at
17 the formal hearing of any case involving the refusal to
18 issue, renew, or discipline of a license. The notice of
19 hearing, complaint and all other documents in the nature of
20 pleadings and written motions filed in the proceedings, the
21 transcript of testimony, the report of the Board, and the
22 order of the Department shall be the record of the
23 proceeding.
24 Section 105. Compelling testimony. Any circuit court
25 may, upon application of the Department or designee or of the
26 applicant or licensee against whom proceedings pursuant to
27 Section 95 of this Act are pending, enter an order requiring
28 the attendance of witnesses and their testimony and the
29 production of documents, papers, files, books, and records in
30 connection with any hearing or investigation. The court may
31 compel obedience to its order by proceedings for contempt.
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1 Section 110. Findings and recommendations. At the
2 conclusion of the hearing, the Board shall present to the
3 Director a written report of its findings and
4 recommendations. The report shall contain a finding whether
5 or not the accused person violated this Act or failed to
6 comply with the conditions required in this Act. The Board
7 shall specify the nature of the violation or failure to
8 comply and shall make its recommendations to the Director.
9 The report of findings and recommendations of the Board
10 shall be the basis for the Department's order or refusal or
11 for the granting of a license unless the Director shall
12 determine that the Board's report is contrary to the manifest
13 weight of the evidence, in which case the Director may issue
14 an order in contravention of the Board's report. The finding
15 is not admissible in evidence against the person in a
16 criminal prosecution brought for the violation of this Act,
17 but the hearing and finding are not a bar to a criminal
18 prosecution brought for the violation of this Act.
19 Section 115. Rehearing. In any case involving the
20 refusal to issue, renew, or discipline of a license, a copy
21 of the Board's report shall be served upon the respondent by
22 the Department, either personally or as provided in this Act
23 for the service of the notice of hearing. Within 20 days
24 after service, the respondent may present to the Department a
25 motion in writing for a rehearing, which shall specify the
26 particular grounds therefor. If no motion for rehearing is
27 filed, then upon the expiration of the time specified for
28 filing the motion, or if a motion for rehearing is denied,
29 then upon the denial, the Director may enter an order in
30 accordance with recommendations of the Board, except as
31 provided in Section 110 of this Act. If the respondent shall
32 order from the reporting service and pay for a transcript of
33 the record within the time for filing a motion for rehearing,
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1 the 20 day period within which the motion may be filed shall
2 commence upon the delivery of the transcript to the
3 respondent.
4 Section 120. Director; rehearing. Whenever the Director
5 is satisfied that substantial justice has not been done in
6 the revocation, suspension, or refusal to issue or renew a
7 license, the Director may order a rehearing by the same or
8 other examiners.
9 Section 125. Appointment of a hearing officer. The
10 Director shall have the authority to appoint any attorney
11 duly licensed to practice law in the State of Illinois to
12 serve as the hearing officer in any action for refusal to
13 issue, renew or discipline of a license or permit. The
14 hearing officer shall have full authority to conduct the
15 hearing. At least one member of the Board shall attend each
16 hearing. The hearing officer shall report his findings and
17 recommendations to the Board and the Director. The Board
18 shall have 60 days after receipt of the report to review the
19 report of the hearing officer and present their findings of
20 fact, conclusions of law, and recommendations to the
21 Director. If the Board fails to present its report within
22 the 60 day period, the Director shall issue an order based on
23 the report of the hearing officer. If the Director
24 determines that the Board's report is contrary to the
25 manifest weight of the evidence, he may issue an order in
26 contravention of the Board's report.
27 Section 130. Order or certified copy; prima facie proof.
28 An order or a certified copy thereof, over the seal of the
29 Department and purporting to be signed by the Director, shall
30 be prima facie proof that:
31 (a) the signature is the genuine signature of the
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1 Director;
2 (b) the Director is duly appointed and qualified;
3 and
4 (c) the Board and the members thereof are qualified
5 to act.
6 Section 135. Restoration of suspended or revoked
7 license. At any time after the suspension or revocation of
8 any license, the Department may restore it to the accused
9 person upon the written recommendation of the Board, unless
10 after an investigation and a hearing, the Board determines
11 that restoration is not in the public interest.
12 Section 140. Surrender of license. Upon the revocation
13 or suspension of any license, the licensee shall surrender
14 the license or licenses to the Department and, if the
15 licensee fails to do so, the Department shall have the right
16 to seize the license.
17 Section 145. Temporary suspension of a license. The
18 Director may temporarily suspend the license of a massage and
19 bodywork therapist without a hearing, simultaneously with the
20 institution of proceedings for a hearing provided for in
21 Section 95 of this Act, if the Director finds that evidence
22 in his possession indicates that continuation in practice
23 would constitute an imminent danger to the public. In the
24 event that the Director temporarily suspends the license of a
25 massage and bodywork therapist without a hearing, a hearing
26 by the Board must be held within 30 calendar days after the
27 suspension has occurred.
28 Section 150. Administrative review; venue. All final
29 administrative decisions of the Department are subject to
30 judicial review pursuant to the Administrative Review Law and
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1 its rules. The term "administrative decision" is defined as
2 in Section 3-101 of the Code of Civil Procedure.
3 Proceedings for judicial review shall be commenced in the
4 circuit court of the county in which the party applying for
5 relief resides; but if the party is not a resident of this
6 State, the venue shall be in Sangamon County.
7 The Department shall not be required to certify any
8 record to the Court or file any answer in court or otherwise
9 appear in any court in a judicial review proceeding, unless
10 there is filed in the court, with the complaint, a receipt
11 from the Department acknowledging payment of the costs of
12 furnishing and certifying the record. Failure on the part of
13 the plaintiff to file a receipt in Court shall be grounds for
14 dismissal of the action.
15 Section 155. Violations. Any person who is found to have
16 violated any provision of this Act is guilty of a Class A
17 misdemeanor for the first offense and a Class 4 felony for
18 the second and any subsequent offense.
19 Section 160. Returned checks; fines. Any person who
20 delivers a check or other payment to the Department that is
21 returned to the Department unpaid by the financial
22 institution upon which it is drawn shall pay to the
23 Department, in addition to the amount already owed to the
24 Department, a fine of $50. If the check or other payment was
25 for a renewal or issuance fee and that person practices
26 without paying the renewal fee or issuance fee and the fine
27 due, an additional fine of $100 shall be imposed. The fines
28 imposed by this Section are in addition to any other
29 discipline provided under this Act for unlicensed practice or
30 practice on a nonrenewed license. The Department shall notify
31 the person that payment of fees and fines shall be paid to
32 the Department by certified check or money order within 30
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1 calendar days of the notification. If, after the expiration
2 of 30 days from the date of the notification, the person has
3 failed to submit the necessary remittance, the Department
4 shall automatically terminate the license or certificate or
5 deny the application, without hearing. If, after termination
6 or denial, the person seeks a license or certificate, he or
7 she shall apply to the Department for restoration or issuance
8 of the license or certificate and pay all fees and fines due
9 to the Department. The Department may establish a fee for the
10 processing of an application for restoration of a license or
11 certificate to pay all expenses of processing this
12 application. The Director may waive the fines due under this
13 Section in individual cases where the Director finds that the
14 fines would be unreasonable or unnecessarily burdensome.
15 Section 165. Unlicensed practice; violation; civil
16 penalty.
17 (a) Any person who practices, offers to practice,
18 attempts to practice, or holds oneself out to practice
19 massage therapy or as a massage and bodywork therapist or
20 without being licensed under this Act shall, in addition to
21 any other penalty provided by law, pay a civil penalty to the
22 Department in an amount not to exceed $5,000 for each offense
23 as determined by the Department. The civil penalty shall be
24 assessed by the Department after a hearing is held in
25 accordance with the provisions set forth in this Act
26 regarding the provision of a hearing for the discipline of a
27 licensee.
28 (b) The Department has the authority and power to
29 investigate any and all unlicensed activity.
30 (c) The civil penalty shall be paid within 60 days after
31 the effective date of the order imposing the civil penalty.
32 The order shall constitute a judgment and may be filed and
33 execution had thereon in the same manner as any judgment from
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1 any court of record.
2 Section 170. Partial invalidity. If any portion of this
3 Act is held invalid, the invalidity shall not affect any
4 other part of this Act which can be given effect without the
5 invalid portion.
6 (Source: P.A. 84-595.)
7 Section 950. The Regulatory Sunset Act is amended by
8 adding Section 4.20 as follows:
9 (5 ILCS 80/4.20 new)
10 Sec. 4.20. Act repealed on January 1, 2010. The
11 following Act is repealed on January 1, 2010:
12 The Massage Licensing Act.