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Public Act 92-0860
HB2271 Re-Enrolled LRB9205123LBgc
AN ACT concerning the regulation of professions.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Massage Licensing Act.
Section 5. Declaration of public policy. The practice
of massage therapy is hereby declared to affect the public
health, safety, and welfare and to be subject to regulation
in the public interest. The purpose of this Act is to
protect and benefit the public by setting standards of
qualifications, education, training, and experience for those
who seek to practice massage therapy, to promote high
standards of professional performance for those licensed to
practice massage therapy in the State of Illinois, and to
protect the public from unprofessional conduct by persons
licensed to practice massage therapy.
Section 10. Definitions. As used in this Act:
"Approved massage school" means a facility which meets
minimum standards for training and curriculum as determined
by the Department.
"Board" means the Massage Therapy Board appointed by the
Director.
"Compensation" means the payment, loan, advance,
donation, contribution, deposit, or gift of money or anything
of value.
"Department" means the Department of Professional
Regulation.
"Director" means the Director of Professional Regulation.
"Massage" or "massage therapy" means a system of
structured palpation or movement of the soft tissue of the
body. The system may include, but is not limited to,
techniques such as effleurage or stroking and gliding,
petrissage or kneading, tapotement or percussion, friction,
vibration, compression, and stretching activities as they
pertain to massage therapy. These techniques may be applied
by a licensed massage therapist with or without the aid of
lubricants, salt or herbal preparations, hydromassage,
thermal massage, or a massage device that mimics or enhances
the actions possible by human hands. The purpose of the
practice of massage, as licensed under this Act, is to
enhance the general health and well-being of the mind and
body of the recipient. "Massage" does not include the
diagnosis of a specific pathology. "Massage" does not include
those acts of physical therapy or therapeutic or corrective
measures that are outside the scope of massage therapy
practice as defined in this Section.
"Massage therapist" means a person who is licensed by the
Department and administers massage for compensation.
"Professional massage or bodywork therapy association"
means a state or nationally chartered organization that is
devoted to the massage specialty and therapeutic approach and
meets the following requirements:
(1) The organization requires that its members meet
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.
Section 15. Licensure requirements. Beginning January 1,
2004, 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 the curriculum
or curriculums of one or more massage therapy
schools approved by the Department that require a
minimum of 500 hours and has passed a competency
examination approved by the Department;
(B) holds a current license from another
jurisdiction having licensure requirements that meet
or exceed those defined within this Act; or
(C) 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.
Section 20. Grandfathering provision.
(a) For a period of one year after the effective date of
the rules adopted under this Act, the Department may issue a
license to an individual who, in addition to meeting the
requirements set forth in paragraphs (1) and (2) of Section
15, produces proof that he or she has met at least one of the
following requirements before the effective date of this Act:
(1) has been an active member, for a period of at
least one year prior to the application for licensure, of
a national professional massage therapy organization
established prior to the year 2000, which offers
professional liability insurance and a code of ethics;
(2) has passed the National Certification Exam of
Therapeutic Massage and Bodywork and has kept his or her
certification current;
(3) has practiced massage therapy an average of at
least 10 hours per week for at least 10 years; or
(4) has practiced massage therapy an average of at
least 10 hours per week for at least one year prior to
the effective date of this Act and has completed at
least 100 hours of formal training in massage therapy.
(b) An applicant who can show proof of having engaged in
the practice of massage therapy for at least 10 hours per
week for a minimum of one year prior to the effective date of
this Act and has less than 100 hours of formal training or
has been practicing for less than one year with 100 hours of
formal training must complete at least 100 additional hours
of formal training consisting of at least 25 hours in anatomy
and physiology by January 1, 2004.
(c) An applicant who has training from another state or
country may qualify for a license under subsection (a) by
showing proof of meeting the requirements of that state or
country and demonstrating that those requirements are
substantially the same as the requirements in this Section.
(d) For purposes of this Section, "formal training" means
a massage therapy curriculum approved by the Illinois State
Board of Education or the Illinois Board of Higher Education
or course work provided by continuing education sponsors
approved by the Department.
Section 25. Exemptions.
(a) This Act does not prohibit a person licensed under
any other Act in this State from engaging in the practice for
which he or she is licensed.
(b) Persons exempted under this Section include, but
are not limited to, physicians, 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 charge a fee
for massage therapy services.
(e) Nothing in this Act prohibits practitioners that do
not involve intentional soft tissue manipulation, including
but not limited to Alexander Technique, Feldenkrais, Reike,
and Therapeutic Touch, from practicing.
(f) Practitioners of certain service marked bodywork
approaches that do involve intentional soft tissue
manipulation, including but not limited to Rolfing, Trager
Approach, Polarity Therapy, and Orthobionomy, are exempt from
this Act if they are approved by their governing body based
on a minimum level of training, demonstration of competency,
and adherence to ethical standards.
(g) 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.
Section 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.
Section 35. Massage Licensing Board.
(a) The Director shall appoint a Massage Licensing
Board, which shall serve in an advisory capacity to the
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.
(b) Members shall be appointed to a 3-year term, except
that initial appointees shall serve the following terms: 2
members including the non-voting member 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 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
Director in regard to any matter affecting the administration
of this Act. The 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 Director may terminate the appointment of any
member for cause which, in the opinion of the Director
reasonably justifies termination, which may include, but is
not limited to, a Board member who does not attend 2
consecutive meetings.
Section 40. Duties of the Department. 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.
Section 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 action, as the Department considers appropriate,
including the imposition of fines not to exceed $1,000 for
each violation, with regard to any license or licensee for
any one or more of the following:
(1) 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) advertising in a false, deceptive, or
misleading manner;
(3) aiding, assisting, procuring, or advising any
unlicensed person to practice massage contrary to any
rules or provisions of this Act;
(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;
(5) engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public;
(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;
(7) knowingly delegating professional
responsibilities to a person unqualified by training,
experience, or licensure to perform;
(8) failing to provide information in response to a
written request made by the Department within 60 days;
(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;
(10) having a pattern of practice or other behavior
that demonstrates incapacity or incompetence to practice
under this Act;
(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;
(12) making any misrepresentation for the purpose
of obtaining a license; or
(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.
(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.
(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.
(d) In enforcing this 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 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.
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 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.
Section 50. Advertising. It is a misdemeanor for any
person, organization, or corporation to advertise massage
services unless the person providing the service holds a
valid license under this Act, except for those excluded
licensed professionals who are allowed to include massage in
their scope of practice. A massage therapist may not
advertise unless he or she has a current license issued by
this State. "Advertise" as used in this Section includes,
but is not limited to, the issuance of any card, sign, or
device to any person; the causing, permitting, or allowing of
any sign or marking on or in any building, vehicle, or
structure; advertising in any newspaper or magazine; any
listing or advertising in any directory under a
classification or heading that includes the words "massage",
"massage therapist", "therapeutic massage", or "massage
therapeutic"; or commercials broadcast by any means.
Section 55. Exclusive jurisdiction. Beginning January 1,
2004, the regulation and licensing of massage therapy is an
exclusive power and function of the State. Beginning January
1, 2004, 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.
Section 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 last known address of a party.
Section 65. Renewal of licenses. The expiration date
and renewal period for each license issued under this Act
shall be set by rule.
Section 67. Continuing education. The Department shall
adopt rules for continuing education for persons licensed
under this Act that require a completion of 24 hours of
approved continuing education per license renewal period.
The Department shall establish by rule a means for the
verification of completion of the continuing education
required by this Section. This verification may be
accomplished through audits of records maintained by the
licensee, by requiring the filing of continuing education
certificates with the Department, or by other means
established by the Department.
Section 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, 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.
Section 75. Inactive licenses. Any massage therapist
who notifies the Department in writing on forms prescribed by
the Department may elect to place his or her license on
inactive status and shall, subject to rules of the
Department, be excused from payment of renewal fees until he
or she notifies the Department in writing of his or her
desire to resume active status.
A massage therapist requesting restoration from inactive
status shall be required to pay the current renewal fee and
shall be required to restore his or her license as provided
in Section 70 of this Act.
Any massage therapist whose license is on inactive status
shall not practice massage therapy in the State, and any
practice conducted shall be deemed unlicensed practice.
Section 80. Fees. The fees assessed under this Act
shall be set by rule.
Section 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
Professional Regulation, as appropriated, for the ordinary
and contingent expenses of the Department.
Section 90. Violations; injunction; cease and desist
order.
(a) If any person violates a provision of this Act, the
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, 2004, 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 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. 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.
Section 95. Investigations; notice and hearing. 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.
Section 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. 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.
Section 105. Compelling testimony. 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.
Section 110. Findings and recommendations. At the
conclusion of the hearing, the Board shall present to the
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 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 Director shall
determine that the Board's report is contrary to the manifest
weight of the evidence, in which case the 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.
Section 115. 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 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.
Section 120. Director; rehearing. 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.
Section 125. Appointment of a hearing officer. The
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 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
Director. If the Board fails to present its report within
the 60-day period, the Director shall issue an order based on
the report of the hearing officer. If the 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.
Section 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 Director, shall
be prima facie proof that:
(1) the signature is the genuine signature of the
Director;
(2) the Director is duly appointed and qualified;
and
(3) the Board and the members of the Board are
qualified to act.
Section 135. Restoration of suspended or revoked
license. 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.
Section 140. Surrender of license. Upon the revocation
or suspension of any license, the licensee shall surrender
the license to the Department and, if the licensee fails to
do so, the Department shall have the right to seize the
license.
Section 145. Temporary suspension of a license. The
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 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 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.
Section 150. Administrative review; venue. All final
administrative decisions of the Department are subject to
judicial review 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
there is filed in the court, with the complaint, a receipt
from the Department acknowledging payment of the costs of
furnishing and certifying the record. Failure on the part of
the plaintiff to file a receipt in court shall be grounds for
dismissal of the action.
Section 155. Violations. 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.
Section 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. If the check or other payment was
for a renewal or issuance fee and that person practices
without paying the renewal fee or issuance fee and the fine
due, an additional fine of $100 shall be imposed. 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 Director may waive the fines due under
this Section in individual cases where the Director finds
that the fines would be unreasonable or unnecessarily
burdensome.
Section 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 shall, in addition to any other
penalty provided by law, pay a civil penalty to the
Department in an amount not to exceed $5,000 for each 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.
Section 170. Severability. If any provision of this Act
or the application of any provision of this Act to any person
or circumstance is held invalid, the invalidity does not
affect other provisions or applications of the Act that can
be given effect without the invalid provision or application,
and for this purpose the provisions of this Act are
severable.
Section 950. The Regulatory Sunset Act is amended by
adding Section 4.22 as follows:
(5 ILCS 80/4.22 new)
Sec. 4.22. Act repealed on January 1, 2012. The
following Act is repealed on January 1, 2012:
The Massage Licensing Act.
Passed in the General Assembly May 29, 2002.
Governor Amendatory Veto August 21, 2002.
General Assembly Accepts Amendatory Veto December 04, 2002.
Returned to Governor for Certification December 11, 2002.
Governor Certifies Changes January 03, 2003.
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