97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1627

 

Introduced 2/9/2011, by Sen. Heather A. Steans

 

SYNOPSIS AS INTRODUCED:
 
New Act
225 ILCS 57/25

    Creates the Asian Bodywork Therapy Licensing Act. Beginning January 1, 2012, provides that it is unlawful for a person to act or assume to act as an Asian bodywork therapist, to engage in the business of Asian bodywork therapy, or to advertise or hold himself or herself out to be a licensed Asian bodywork therapist without first obtaining a license issued by the Department. Creates the Asian Bodywork Therapy Licensing Board. Allows the Department to take action, including imposing fines not to exceed $1,000 per violation, if the individual meets the requirements for grounds for disciplinary action. Grants the Department authority to petition the Attorney General or local State's Attorney office where a violation occurs to enjoin the violation or order enforcement compliance with the Act. Provides that, on a showing of a possible violation, the Department may compel an applicant or a licensee to submit to a physical or mental examination. Sets forth the powers and duties of the Department, license qualifications, grounds for discipline, civil and criminal penalties, and administrative procedures. Sets forth provisions concerning standards of practice and prohibited activities. Preempts home rule. Amends the Massage Licensing Act to exempt from that Act persons licensed under the Asian Bodywork Therapy Licensing Act.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Asian
5Bodywork Therapy Licensing Act.
 
6    Section 5. Declaration of public policy. The practice of
7Asian bodywork therapy is hereby declared to affect the public
8health, safety, and welfare and to be subject to regulation in
9the public interest. The purpose of this Act is to protect and
10benefit the public by setting standards of qualifications,
11education, training, and experience for those who seek to
12practice Asian bodywork therapy, to promote high standards of
13professional performance for those licensed to practice Asian
14bodywork therapy in the State of Illinois, and to protect the
15public from unprofessional conduct by persons licensed to
16practice Asian bodywork therapy. As defined by the U.S.
17Department of Education Classification of Instructional
18Programs, Asian bodywork therapy is a profession distinct from
19massage therapy requiring specialized training. This Act
20defines educational and test standards that reflect the unique
21skills needed for expert-level practice of Asian bodywork
22therapy.
 

 

 

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1    Section 10. Definitions. As used in this Act:
2    "Approved Asian bodywork therapy school" means a facility
3that meets minimum standards for training and curriculum as
4defined in this Act and determined by the Department.
5    "Asian bodywork", "Asian bodywork therapy", or "ABT" means
6the treatment of the human body, mind, and spirit by using
7pressure, stretching, and joint mobilizations. Asian bodywork
8is based upon Chinese medical principles for assessing and
9evaluating the body's energetic system. It uses traditional
10Asian techniques and treatment strategies to primarily affect
11and balance the energetic system for the purpose of treating
12the human body, emotions, mind, energy field, and spirit for
13the promotion, maintenance, and restoration of health. "Asian
14bodywork therapy" is a form of preventative treatment utilized
15by the public for the maintenance of health.
16    Methods of assessment and evaluation may include the
17Chinese 4 Pillars of examination: observation, listening,
18asking, and touching. Assessments are based primarily on
19Chinese medicine parameters relating to the balance and
20circulation of the 5 essential substances: Qi, Jing, Shen, Xue,
21and Jin-ye. Treatment may include, but is not limited to, the
22following: touching, pressing, or holding of the body along
23meridians or on acupoints primarily with the hands, stretching,
24external application of heat or cold, dietary, or exercise
25suggestions. "Asian bodywork therapy" does not include the
26diagnosis of a specific pathology. "Asian bodywork therapy"

 

 

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1does not include those acts of physical therapy or therapeutic
2or corrective measures that are outside the scope of Asian
3bodywork practice as defined in this Section.
4    "Asian bodywork therapist" means a person who is licensed
5by the Department and administers Asian bodywork therapy for
6compensation.
7    "Board" means the Asian Bodywork Therapy Licensing Board
8appointed by the Secretary.
9    "Compensation" means the payment, loan, advance, donation,
10contribution, deposit, or gift of money or anything of value.
11    "Department" means the Department of Financial and
12Professional Regulation.
13    "NCCAOM" means the National Certification Commission for
14Acupuncture and Oriental Medicine.
15    "Minimum standard of training" means at least 500 hours of
16training, including anatomy, physiology, ethics, business,
17directly supervised clinical work, relevant theory, and
18application of techniques, in addition to any requirements
19added by rule.
20    "Secretary" means the Secretary of Financial and
21Professional Regulation.
 
22    Section 15. Licensure requirements.
23    (a) Beginning January 1, 2012, persons engaged in Asian
24bodywork therapy for compensation must be licensed by the
25Department. The Department shall issue a license to an

 

 

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1individual who meets all of the following requirements:
2        (1) The applicant has applied in writing on the
3    prescribed forms and has paid the required fees.
4        (2) The applicant is at least 18 years of age and of
5    good moral character. In determining good moral character,
6    the Department may take into consideration conviction of
7    any crime under the laws of the United States or any state
8    or territory thereof that is a felony or a misdemeanor or
9    any crime that is directly related to the practice of the
10    profession. The conviction shall not operate automatically
11    as a complete bar to a license, except in the case of any
12    conviction for prostitution, rape, or sexual misconduct,
13    or where the applicant is a registered sex offender.
14        (3) The applicant has met one of the following
15    requirements:
16            (A) has successfully completed the curriculum or
17        curriculums of one or more Asian bodywork therapy
18        schools approved by the Department that require a
19        minimum standard of training of 500 hours and has
20        passed a competency examination approved by the
21        Department, including, but not limited to, the NCCAOM
22        ABT Exam Module;
23            (B) holds a current license from another
24        jurisdiction having licensure requirements that meet
25        or exceed those defined within this Act; or
26            (C) has moved to Illinois from a jurisdiction with

 

 

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1        no licensure requirement and has provided
2        documentation that he or she has successfully passed
3        the ABT Exam Module administered by the NCCAOM or
4        another Asian bodywork therapy certifying examination
5        approved by the Department and maintains current
6        certification.
7    (b) Each applicant for licensure as an Asian bodywork
8therapist shall have his or her fingerprints submitted to the
9Department of State Police in an electronic format that
10complies with the form and manner for requesting and furnishing
11criminal history record information as prescribed by the
12Department of State Police. These fingerprints shall be checked
13against the Department of State Police and Federal Bureau of
14Investigation criminal history record databases now and
15hereafter filed. The Department of State Police shall charge
16applicants a fee for conducting the criminal history records
17check, which shall be deposited into the State Police Services
18Fund and shall not exceed the actual cost of the records check.
19The Department of State Police shall furnish, upon confirmation
20of positive identification, records of Illinois convictions to
21the Department. The Department may require applicants to pay a
22separate fingerprinting fee, either to the Department or to a
23vendor. The Department, in its discretion, may allow an
24applicant who does not have reasonable access to a designated
25vendor to provide his or her fingerprints in an alternative
26manner. The Department may adopt any rules necessary to

 

 

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1implement this Section.
 
2    Section 20. Grandfathering provision. For a period of one
3year after the effective date of the rules adopted under this
4Act, the Department may issue a license to an individual who,
5in addition to meeting the requirements set forth in paragraphs
6(1) and (2) of subsection (a) and subsection (b) of Section 15,
7produces proof that he or she has met one of the following
8requirements by the time of application:
9        (1) is a member of the American Organization for
10    Bodywork Therapies of Asia (AOBTA) at a level of membership
11    requiring at least 500 hours of training, including
12    Certified Practitioner, Registered Instructor, or
13    Certified Instructor; or
14        (2) has passed the ABT Exam Module administered by the
15    National Certification Commission for Acupuncture and
16    Oriental Medicine and has kept current certification as a
17    Diplomate of Asian Bodywork Therapy.
 
18    Section 25. Exemptions.
19    (a) This Act does not prohibit a person licensed under any
20other Act in this State from engaging in the practice for which
21he or she is licensed.
22    (b) Nothing in this Act prohibits a student of an approved
23Asian bodywork school or program from performing Asian bodywork
24therapy, provided that the student does not hold himself or

 

 

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1herself out as a licensed Asian bodywork therapist and does not
2charge a fee for Asian bodywork therapy services.
3    (c) Nothing in this Act applies to acupuncturists licensed
4in the State of Illinois.
5    (d) Nothing in this Act applies to Asian bodywork
6therapists or acupuncturists from other states or countries
7when providing educational programs or services for a period
8not exceeding 30 days within a calendar year.
 
9    Section 30. Title protection.
10    (a) Persons regulated by this Act are designated as Asian
11bodywork therapists and are exclusively entitled to utilize the
12general terms "Asian bodywork", "Asian bodywork therapy", or
13any specific titles of Asian bodywork forms when advertising or
14printing promotional material. Protected form-specific titles
15include, but are not limited to, "acupressure", "amma",
16"shiatsu", "chi nei tsang", and "tuina".
17    (b) Anyone who knowingly aids and abets one or more persons
18not authorized to use a professional title regulated by this
19Act or knowingly employs persons not authorized to use the
20regulated professional title in the course of their employment,
21commits a violation of this Act.
22    (c) Anyone not authorized, under the definitions of this
23Act, to utilize the regulated professional titles and who
24knowingly utilizes these terms when advertising commits a
25violation of this Act.
 

 

 

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1    Section 35. Asian Bodywork Therapy Licensing Board.
2    (a) The Secretary shall appoint an Asian Bodywork Therapy
3Licensing Board, which shall serve in an advisory capacity to
4the Secretary. The Board shall consist of 7 members, of whom 6
5shall be Asian bodywork therapists with at least 3 years of
6experience in Asian bodywork. One of the Asian bodywork
7therapist members shall represent an Asian bodywork therapy
8school. One member of the Board shall be a member of the public
9who is not licensed under this Act or a similar Act in Illinois
10or another jurisdiction. Membership on the Board shall
11reasonably reflect the various Asian bodywork therapy forms.
12Membership on the Board shall reasonably reflect the geographic
13areas of the State.
14    (b) Members shall be appointed to a 3-year term, except
15that initial appointees shall serve the following terms: 2
16members shall serve for one year, 2 members shall serve for 2
17years, and 3 members shall serve for 3 years. A member whose
18term has expired shall continue to serve until his or her
19successor is appointed. No member shall be reappointed to the
20Board for a term that would cause his or her continuous service
21on the Board to exceed 9 years. Appointments to fill vacancies
22shall be made in the same manner as the original appointments
23for the unexpired portion of the vacated term.
24    (c) The members of the Board are entitled to receive
25compensation for all legitimate and necessary expenses

 

 

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1incurred while attending Board and Department meetings.
2    (d) Members of the Board shall be immune from suit in any
3action based upon any disciplinary proceedings or other
4activities performed in good faith as members of the Board.
5    (e) The Secretary shall consider the recommendations of the
6Board on questions involving the standards of professional
7conduct, discipline, and qualifications of candidates and
8licensees under this Act. Nothing shall limit the ability of
9the Board to provide recommendations to the Secretary in regard
10to any matter affecting the administration of this Act. The
11Secretary shall give due consideration to all recommendations
12of the Board. If the Secretary takes action contrary to a
13recommendation of the Board, the Secretary shall provide a
14written explanation of that action.
15    (f) The Secretary may terminate the appointment of any
16member for cause that, in the opinion of the Secretary,
17reasonably justifies termination, which may include, but is not
18limited to, a Board member who does not attend 2 consecutive
19meetings.
 
20    Section 40. Duties of the Department. Subject to provisions
21of this Act, the Department shall have the following duties:
22        (1) To formulate rules required for the administration
23    of this Act. Notice of proposed rulemaking shall be
24    transmitted to the Board, and the Department shall review
25    the Board's response and any recommendations made in the

 

 

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1    response.
2        (2) To determine the qualifications of an applicant for
3    licensure by endorsement.
4        (3) To conduct hearings or proceedings to refuse to
5    issue or renew or to revoke a license or to suspend, place
6    on probation, reprimand, or otherwise discipline a person
7    licensed under this Act.
8        (4) To solicit the advice and expert knowledge of the
9    Board on any matter relating to the administration and
10    enforcement of this Act.
11        (5) To maintain a roster of the names and addresses of
12    all licensees and all persons whose licenses have been
13    suspended, revoked, or denied renewal for cause within the
14    previous calendar year. The roster shall be available upon
15    written request and payment of the required fee.
 
16    Section 45. Grounds for discipline.
17    (a) The Department may refuse to issue or renew or may
18revoke, suspend, place on probation, reprimand, or take other
19disciplinary action, as the Department considers appropriate,
20including the imposition of fines not to exceed $1,000 for each
21violation, with regard to any license or licensee for any one
22or more of the following:
23        (1) being convicted of any crime under the laws of the
24    United States or any state or territory thereof that is a
25    felony or a misdemeanor, an essential element of which is

 

 

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1    dishonesty, or any crime that is directly related to the
2    practice of Asian bodywork therapy; convicted, as used in
3    this item (1), shall include a finding or verdict of
4    guilty, an admission of guilt, or a plea of nolo
5    contendere;
6        (2) advertising in a false, deceptive, or misleading
7    manner;
8        (3) aiding, assisting, procuring, or advising any
9    unlicensed person to practice massage contrary to any rules
10    or provisions of this Act;
11        (4) engaging in immoral conduct in the commission of
12    any act, such as sexual abuse, sexual misconduct, or sexual
13    exploitation, related to the licensee's practice;
14        (5) engaging in dishonorable, unethical, or
15    unprofessional conduct of a character likely to deceive,
16    defraud, or harm the public;
17        (6) practicing or offering to practice beyond the scope
18    permitted by law or accepting and performing professional
19    responsibilities that the licensee knows or has reason to
20    know that he or she is not competent to perform;
21        (7) knowingly delegating professional responsibilities
22    to a person unqualified by training, experience, or
23    licensure to perform;
24        (8) failing to provide information in response to a
25    written request made by the Department within 60 days;
26        (9) having a habitual or excessive use of or addiction

 

 

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1    to alcohol, narcotics, stimulants, or any other chemical
2    agent or drug that results in the inability to practice
3    with reasonable judgment, skill, or safety;
4        (10) having a pattern of practice or other behavior
5    that demonstrates incapacity or incompetence to practice
6    under this Act;
7        (11) making a material misstatement in furnishing
8    information to the Department or otherwise making
9    misleading, deceptive, untrue, or fraudulent
10    representations in violation of this Act or otherwise in
11    the practice of the profession;
12        (12) making any misrepresentation for the purpose of
13    obtaining a license; or
14        (13) having a physical illness, including, but not
15    limited to, deterioration through the aging process or loss
16    of motor skills, that results in the inability to practice
17    the profession with reasonable judgment, skill, or safety.
18    (b) The Department may refuse to issue or may suspend the
19license of any person who fails to file a tax return, to pay
20the tax, penalty, or interest shown in a filed tax return, or
21to pay any final assessment of tax, penalty, or interest, as
22required by any tax Act administered by the Illinois Department
23of Revenue, until the time as the requirements of the tax Act
24are satisfied.
25    (c) The determination by a circuit court that a licensee is
26subject to involuntary admission or judicial admission, as

 

 

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1provided in the Mental Health and Developmental Disabilities
2Code, operates as an automatic suspension. The suspension may
3end only upon (i) a finding by a court that the patient is no
4longer subject to involuntary admission or judicial admission
5and the issuance of a court order so finding and discharging
6the patient and (ii) the recommendation of the Board to the
7Secretary that the licensee be allowed to resume his or her
8practice.
9    (d) In enforcing this Section, the Department or Board upon
10a showing of a possible violation may compel an individual
11licensed to practice under this Act, or who has applied for
12licensure under this Act, to submit to a mental or physical
13examination, or both, as required by and at the expense of the
14Department. The Department or Board may order the examining
15physician to present testimony concerning the mental or
16physical examination of the licensee or applicant. No
17information shall be excluded by reason of any common law or
18statutory privilege relating to communications between the
19licensee or applicant and the examining physician. The
20examining physicians shall be specifically designated by the
21Board or Department. The individual to be examined may have, at
22his or her own expense, another physician of his or her choice
23present during all aspects of this examination. The examination
24shall be performed by a physician licensed to practice medicine
25in all its branches. Failure of an individual to submit to a
26mental or physical examination, when directed, shall be grounds

 

 

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1for suspension of his or her license until the individual
2submits to the examination if the Department finds, after
3notice and hearing, that the refusal to submit to the
4examination was without reasonable cause.
5    If the Department or Board finds an individual unable to
6practice because of the reasons set forth in this Section, the
7Department or Board may require that individual to submit to
8care, counseling, or treatment by physicians approved or
9designated by the Department or Board, as a condition, term, or
10restriction for continued, reinstated, or renewed licensure to
11practice; or, in lieu of care, counseling, or treatment, the
12Department may file, or the Board may recommend to the
13Department to file, a complaint to immediately suspend, revoke,
14or otherwise discipline the license of the individual. An
15individual whose license was granted, continued, reinstated,
16renewed, disciplined, or supervised subject to the terms,
17conditions, or restrictions, and who fails to comply with the
18terms, conditions, or restrictions, shall be referred to the
19Secretary for a determination as to whether the individual
20shall have his or her license suspended immediately, pending a
21hearing by the Department.
22    In instances where the Secretary immediately suspends a
23person's license under this Section, a hearing on that person's
24license must be convened by the Department within 15 days after
25the suspension and completed without appreciable delay. The
26Department and Board shall have the authority to review the

 

 

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1subject individual's record of treatment and counseling
2regarding the impairment to the extent permitted by applicable
3federal statutes and regulations safeguarding the
4confidentiality of medical records.
5    An individual licensed under this Act and affected under
6this Section shall be afforded an opportunity to demonstrate to
7the Department or Board that he or she can resume practice in
8compliance with acceptable and prevailing standards under the
9provisions of his or her license.
 
10    Section 50. Advertising. It is a Class A misdemeanor for
11any person, organization, or corporation to advertise Asian
12bodywork therapy services, unless the person providing the
13service holds a valid license under this Act, except for those
14excluded licensed professionals who are allowed to include
15Asian bodywork therapy in their scope of practice. An Asian
16bodywork therapist may not advertise unless he or she has a
17current license issued by this State. "Advertise" as used in
18this Section includes, but is not limited to, the issuance of
19any card, sign, or device to any person; the causing,
20permitting, or allowing of any sign or marking on or in any
21building, vehicle, or structure; advertising in any newspaper
22or magazine; any listing or advertising in any directory under
23a classification or heading that includes the words "Asian
24bodywork", "Asian bodywork therapy", or any form-specific
25titles as specified in Section 30 of this Act; or commercials

 

 

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1broadcast by any means.
 
2    Section 55. Renewal of licenses. The expiration date and
3renewal period for each license issued under this Act shall be
4set by rule.
 
5    Section 60. Continuing education. The Department shall
6adopt rules for continuing education for persons licensed under
7this Act that require a completion of 24 hours of approved
8continuing education per license renewal period. The
9Department shall establish by rule a means for the verification
10of completion of the continuing education required by this
11Section. This verification may be accomplished through audits
12of records maintained by the licensee, by requiring the filing
13of continuing education certificates with the Department, or by
14other means established by the Department.
 
15    Section 65. Restoration of expired licenses. An Asian
16bodywork therapist who has permitted his or her license to
17expire or who has had his or her license on inactive status may
18have his or her license restored by making application to the
19Department and filing proof acceptable to the Department of his
20or her fitness to have his or her license restored, including
21sworn evidence certifying to active practice in another
22jurisdiction satisfactory to the Department, and by paying the
23required restoration fee and showing proof of completion of

 

 

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1required continuing education. Licensees must provide proof of
2completion of 24 hours approved continuing education to renew
3their license.
4    If the Asian bodywork therapist has not maintained an
5active practice in another jurisdiction satisfactory to the
6Department, the Board shall determine, by an evaluation program
7established by rule his or her fitness to resume active status
8and may require the Asian bodywork therapist to complete a
9period of evaluated clinical experience and may require
10successful completion of an examination.
11    An Asian bodywork therapist whose license has been expired
12or placed on inactive status for more than 5 years may have his
13or her license restored by making application to the Department
14and filing proof acceptable to the Department of his or her
15fitness to have his or her license restored, including sworn
16evidence certifying to active practice in another
17jurisdiction, by paying the required restoration fee, and by
18showing proof of the completion of 24 hours of continuing
19education.
20    However, an Asian bodywork therapist whose license has
21expired while he or she has been engaged (i) in active duty
22with the United States Army, Navy, Marine Corps, Air Force, or
23Coast Guard or the State Militia called into the service or
24training of the United States of America or (ii) in training or
25education under the supervision of the United States
26preliminary to induction into the military service, may have

 

 

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1his or her license restored without paying any lapsed renewal
2fees or restoration fee if, within 2 years after termination of
3the service, training, or education, other than by dishonorable
4discharge, he or she furnishes the Department with an affidavit
5to the effect that he or she has been so engaged and that his or
6her service, training, or education has been terminated.
 
7    Section 70. Inactive licenses. Any Asian bodywork
8therapist who notifies the Department in writing on forms
9prescribed by the Department may elect to place his or her
10license on inactive status and shall, subject to rules of the
11Department, be excused from payment of renewal fees until he or
12she notifies the Department in writing of his or her desire to
13resume active status.
14    An Asian bodywork therapist requesting restoration from
15inactive status shall be required to pay the current renewal
16fee and shall be required to restore his or her license as
17provided in Section 65 of this Act.
18    Any Asian bodywork therapist whose license is on inactive
19status shall not practice Asian bodywork therapy in the State,
20and any practice conducted shall be deemed unlicensed practice.
 
21    Section 75. Fees. The fees assessed under this Act shall be
22set by rule.
 
23    Section 80. Deposit of fees and fines; appropriations. All

 

 

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1fees and fines collected under this Act shall be deposited into
2the General Professions Dedicated Fund. All moneys in the Fund
3shall be used by the Department of Financial and Professional
4Regulation, as appropriated, for the ordinary and contingent
5expenses of the Department.
 
6    Section 85. Violations; injunction; cease and desist
7order.
8    (a) If any person violates a provision of this Act, the
9Secretary may, in the name of the People of the State of
10Illinois, through the Attorney General of the State of Illinois
11or the State's Attorney in the county where the offense occurs,
12petition for an order enjoining the violation or for an order
13enforcing compliance with this Act. Upon the filing of a
14verified petition in court, the court may issue a temporary
15restraining order, without notice or bond, and may
16preliminarily and permanently enjoin the violation. If it is
17established that the person has violated or is violating the
18injunction, the court may punish the offender for contempt of
19court. Proceedings under this Section shall be in addition to,
20and not in lieu of, all other remedies and penalties provided
21by this Act.
22    (b) If, after January 1, 2012, any person practices as an
23Asian bodywork therapist or holds himself or herself out as a
24Asian bodywork therapist without being licensed under the
25provisions of this Act, then the Secretary, any licensed Asian

 

 

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1bodywork therapist, any interested party, or any person injured
2thereby may petition for relief as provided in subsection (a)
3of this Section or may apply to the circuit court of the county
4where the violation or some part thereof occurred, or where the
5person complained of has his or her principal place of business
6or resides, to prevent the violation. The court has
7jurisdiction to enforce obedience by injunction or by other
8process restricting the person complained of from further
9violation and enjoining upon him or her obedience.
10    (c) Whenever, in the opinion of the Department, a person
11violates any provision of this Act, the Department may issue a
12rule to show cause why an order to cease and desist should not
13be entered against him or her. The rule shall clearly set forth
14the grounds relied upon by the Department and shall provide a
15period of 7 days from the date of the rule to file an answer to
16the satisfaction of the Department. Failure to answer to the
17satisfaction of the Department shall cause an order to cease
18and desist to be issued immediately.
 
19    Section 90. Investigations; notice and hearing. The
20Department may investigate the actions of any applicant or of
21any person holding or claiming to hold a license. The
22Department shall, before refusing to issue or renew a license
23or to discipline a licensee under Section 45, notify the
24applicant or holder of a license in writing, at least 30 days
25prior to the date set for the hearing, of the nature of the

 

 

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1charges and that a hearing will be held on the date designated.
2The notice shall direct the applicant or licensee to file a
3written answer to the Board under oath within 20 days after the
4service of the notice, and shall inform the applicant or
5licensee that failure to file an answer will result in a
6default judgment being entered against the applicant or
7licensee. A default judgment may result in the license being
8suspended, revoked, or placed on probationary status, or other
9disciplinary action may be taken, including limiting the scope,
10nature, or extent of practice, as the Secretary may deem
11proper. Written notice may be served by personal delivery or
12certified or registered mail to the respondent at the address
13of his or her last notification to the Department. In case the
14person fails to file an answer after receiving notice, his or
15her license or certificate may, in the discretion of the
16Department, be suspended, revoked, or placed on probationary
17status and the Department may take whatever disciplinary action
18it deems proper, including limiting the scope, nature, or
19extent of the person's practice or the imposition of a fine,
20without a hearing, if the act or acts charged constitute
21sufficient grounds for that action under this Act. At the time
22and place fixed in the notice, the Board shall proceed to hear
23the charges and the parties or their counsel shall be accorded
24ample opportunity to present statements, testimony, evidence,
25and argument that may be pertinent to the charges or to the
26licensee's defense. The Board may continue a hearing from time

 

 

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1to time.
 
2    Section 95. Stenographer; transcript. The Department, at
3its expense, shall preserve a record of all proceedings at the
4formal hearing of any case involving the refusal to issue or
5renew a license or the discipline of a licensee. The notice of
6hearing, complaint, and all other documents in the nature of
7pleadings and written motions filed in the proceedings, the
8transcript of testimony, the report of the Board, and the order
9of the Department shall be the record of the proceeding.
 
10    Section 100. Compelling testimony. Any circuit court, upon
11application of the Department or its designee or of the
12applicant or licensee against whom proceedings under Section 90
13of this Act are pending, may enter an order requiring the
14attendance of witnesses and their testimony and the production
15of documents, papers, files, books, and records in connection
16with any hearing or investigation. The court may compel
17obedience to its order by proceedings for contempt.
 
18    Section 105. Findings and recommendations. At the
19conclusion of the hearing, the Board shall present to the
20Secretary a written report of its findings and recommendations.
21The report shall contain a finding of whether or not the
22accused person violated this Act or failed to comply with the
23conditions required in this Act. The Board shall specify the

 

 

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1nature of the violation or failure to comply and shall make its
2recommendations to the Secretary.
3    The report of findings and recommendations of the Board
4shall be the basis for the Department's order or refusal or for
5the granting of a license unless the Secretary shall determine
6that the Board's report is contrary to the manifest weight of
7the evidence, in which case the Secretary may issue an order in
8contravention of the Board's report. The finding is not
9admissible in evidence against the person in a criminal
10prosecution brought for the violation of this Act, but the
11hearing and finding are not a bar to a criminal prosecution
12brought for the violation of this Act.
 
13    Section 110. Rehearing. In any case involving the refusal
14to issue or renew a license or discipline of a licensee, a copy
15of the Board's report shall be served upon the respondent by
16the Department, either personally or as provided in this Act
17for the service of the notice of hearing. Within 20 days after
18service, the respondent may present to the Department a motion,
19in writing and specifying particular grounds, for a rehearing.
20If no motion for rehearing is filed, then upon the expiration
21of the time specified for filing the motion, or if a motion for
22rehearing is denied, then upon the denial, the Secretary may
23enter an order in accordance with recommendations of the Board,
24except as provided in Section 105 of this Act. If the
25respondent shall order from the reporting service and pay for a

 

 

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1transcript of the record within the time for filing a motion
2for rehearing, the 20-day period within which the motion may be
3filed shall commence upon the delivery of the transcript to the
4respondent.
 
5    Section 115. Rehearing. Whenever the Secretary is
6satisfied that substantial justice has not been done in the
7revocation, suspension, or refusal to issue or renew a license,
8the Secretary may order a rehearing by the same or other
9examiners.
 
10    Section 120. Appointment of a hearing officer. The
11Secretary shall have the authority to appoint any attorney duly
12licensed to practice law in this State to serve as the hearing
13officer in any action for refusal to issue or renew a license
14or permit or for the discipline of a licensee. The hearing
15officer shall have full authority to conduct the hearing. At
16least one member of the Board shall attend each hearing. The
17hearing officer shall report his or her findings and
18recommendations to the Board and the Secretary. The Board shall
19have 60 days after receipt of the report to review the report
20of the hearing officer and present its findings of fact,
21conclusions of law, and recommendations to the Secretary. If
22the Board fails to present its report within the 60-day period,
23the Secretary shall issue an order based on the report of the
24hearing officer. If the Secretary determines that the Board's

 

 

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1report is contrary to the manifest weight of the evidence, he
2or she may issue an order in contravention of the Board's
3report.
 
4    Section 125. Order or certified copy; prima facie proof. An
5order or a certified copy thereof, over the seal of the
6Department and purporting to be signed by the Secretary, shall
7be prima facie proof that:
8        (1) the signature is the genuine signature of the
9    Secretary;
10        (2) the Secretary is duly appointed and qualified; and
11        (3) the Board and the members of the Board are
12    qualified to act.
 
13    Section 130. Restoration of suspended or revoked license.
14At any time after the suspension or revocation of a license,
15the Department may restore it to the accused person upon the
16written recommendation of the Board, unless after an
17investigation and a hearing, the Board determines that
18restoration is not in the public interest.
 
19    Section 145. Surrender of license. Upon the revocation or
20suspension of any license, the licensee shall surrender the
21license to the Department and, if the licensee fails to do so,
22the Department shall have the right to seize the license.
 

 

 

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1    Section 150. Temporary suspension of a license. The
2Secretary may temporarily suspend the license of an Asian
3bodywork therapist without a hearing, simultaneously with the
4institution of proceedings for a hearing provided for in
5Section 95 of this Act, if the Secretary finds that the
6evidence in his or her possession indicates that continuation
7in practice would constitute an imminent danger to the public.
8In the event that the Secretary temporarily suspends the
9license of an Asian bodywork therapist without a hearing, a
10hearing by the Board must be held within 30 calendar days after
11the suspension has occurred.
 
12    Section 155. Administrative review; venue. All final
13administrative decisions of the Department are subject to
14judicial review under the Administrative Review Law and its
15rules. The term "administrative decision" is defined as in
16Section 3-101 of the Code of Civil Procedure.
17    Proceedings for judicial review shall be commenced in the
18circuit court of the county that the party applying for relief
19resides; but if the party is not a resident of this State, the
20venue shall be in Sangamon County.
21    The Department shall not be required to certify any record
22to the court or file any answer in court or otherwise appear in
23any court in a judicial review proceeding, unless there is
24filed in the court, with the complaint, a receipt from the
25Department acknowledging payment of the costs of furnishing and

 

 

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1certifying the record. Failure on the part of the plaintiff to
2file a receipt in court shall be grounds for dismissal of the
3action.
 
4    Section 160. Violations. A person who is found to have
5violated any provision of this Act is guilty of a Class A
6misdemeanor for the first offense and a Class 4 felony for the
7second and any subsequent offense.
 
8    Section 165. Returned checks; fines. Any person who
9delivers a check or other payment to the Department that is
10returned to the Department unpaid by the financial institution
11upon which it is drawn shall pay to the Department, in addition
12to the amount already owed to the Department, a fine of $50.
13The fines imposed by this Section are in addition to any other
14discipline provided under this Act for unlicensed practice or
15practice on a nonrenewed license. The Department shall notify
16the person that payment of fees and fines shall be paid to the
17Department by certified check or money order within 30 calendar
18days after the notification. If, after the expiration of 30
19days after the date of the notification, the person has failed
20to submit the necessary remittance, the Department shall
21automatically terminate the license or deny the application,
22without hearing. If, after termination or denial, the person
23seeks a license, he or she shall apply to the Department for
24restoration or issuance of the license and pay all fees and

 

 

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1fines due to the Department. The Department may establish a fee
2for the processing of an application for restoration of a
3license to pay all expenses of processing this application. The
4Secretary may waive the fines due under this Section in
5individual cases where the Secretary finds that the fines would
6be unreasonable or unnecessarily burdensome.
 
7    Section 170. Unlicensed practice; violation; civil
8penalty.
9    (a) Any person who practices, offers to practice, attempts
10to practice, or holds himself or herself out to practice Asian
11bodywork therapy or as an Asian bodywork therapist without
12being licensed under this Act shall, in addition to any other
13penalty provided by law, pay a civil penalty to the Department
14in an amount not to exceed $5,000 for each offense as
15determined by the Department. The civil penalty shall be
16assessed by the Department after a hearing is held in
17accordance with the provisions set forth in this Act regarding
18the provision of a hearing for the discipline of a licensee.
19    (b) The Department has the authority and power to
20investigate any unlicensed activity.
21    (c) The civil penalty shall be paid within 60 days after
22the effective date of the order imposing the civil penalty. The
23order shall constitute a judgment and may be filed and
24execution had thereon in the same manner as any judgment from
25any court of record.
 

 

 

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1    Section 175. Home rule. Beginning January 1, 2012, the
2regulation and licensing of Asian bodywork therapy is an
3exclusive power and function of the State. Beginning January 1,
42012, a home rule unit may not regulate or license Asian
5bodywork therapists or Asian bodywork therapy establishments.
6This Section is a denial and limitation of home rule powers and
7functions under subsection (h) of Section 6 of Article VII of
8the Illinois Constitution.
 
9    Section 180. Administrative Procedure Act. The Illinois
10Administrative Procedure Act is hereby expressly adopted and
11incorporated herein as if all of the provisions of that Act
12were included in this Act, except that the provision of
13subsection (d) of Section 10-65 of the Illinois Administrative
14Procedure Act that provides that at hearings the licensee has
15the right to show compliance with all lawful requirements for
16retention, continuation, or renewal of the license is
17specifically excluded. For the purposes of this Act the notice
18required under Section 10-25 of the Administrative Procedure
19Act is deemed sufficient when mailed to the last known address
20of a party.
 
21    Section 185. Severability. The provisions of this Act are
22severable under Section 1.31 of the Statute on Statutes.
 

 

 

SB1627- 30 -LRB097 05218 CEL 45267 b

1    Section 190. The Massage Licensing Act is amended by
2changing Section 25 as follows:
 
3    (225 ILCS 57/25)
4    (Section scheduled to be repealed on January 1, 2012)
5    Sec. 25. Exemptions.
6    (a) This Act does not prohibit a person licensed under any
7other Act in this State from engaging in the practice for which
8he or she is licensed.
9    (b) Persons exempted under this Section include, but are
10not limited to, physicians, podiatrists, naprapaths, and
11physical therapists.
12    (c) Nothing in this Act prohibits qualified members of
13other professional groups, including but not limited to nurses,
14occupational therapists, cosmetologists, and estheticians,
15from performing massage in a manner consistent with their
16training and the code of ethics of their respective
17professions.
18    (d) Nothing in this Act prohibits a student of an approved
19massage school or program from performing massage, provided
20that the student does not hold himself or herself out as a
21licensed massage therapist and does not charge a fee for
22massage therapy services.
23    (e) Nothing in this Act prohibits practitioners that do not
24involve intentional soft tissue manipulation, including but
25not limited to Alexander Technique, Feldenkrais, Reike, and

 

 

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1Therapeutic Touch, from practicing.
2    (f) Practitioners of certain service marked bodywork
3approaches that do involve intentional soft tissue
4manipulation, including but not limited to Rolfing, Trager
5Approach, Polarity Therapy, and Orthobionomy, are exempt from
6this Act if they are approved by their governing body based on
7a minimum level of training, demonstration of competency, and
8adherence to ethical standards.
9    (g) Until January 1, 2012, practitioners Practitioners of
10Asian bodywork approaches are exempt from this Act if they are
11members of the American Organization of Bodywork Therapies of
12Asia as certified practitioners or if they are approved by an
13Asian bodywork organization based on a minimum level of
14training, demonstration of competency, and adherence to
15ethical standards set by their governing body.
16    On and after January 1, 2012, practitioners of Asian
17bodywork approaches are exempt from this Act if they are
18licensed under the Asian Bodywork Therapy Licensing Act.
19    (h) Practitioners of other forms of bodywork who restrict
20manipulation of soft tissue to the feet, hands, and ears, and
21who do not have the client disrobe, such as reflexology, are
22exempt from this Act.
23    (i) Nothing in this Act applies to massage therapists from
24other states or countries when providing educational programs
25or services for a period not exceeding 30 days within a
26calendar year.

 

 

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1    (j) Nothing in this Act prohibits a person from treating
2ailments by spiritual means through prayer alone in accordance
3with the tenets and practices of a recognized church or
4religious denomination.
5    (k) Nothing in this Act applies to persons or entities
6practicing the specified occupations set forth in subsection
7(a) of, and pursuant to a licensing exemption granted in
8subsection (b) or (d) of, Section 2105-350 of the Department of
9Professional Regulation Law of the Civil Administrative Code of
10Illinois, but only for so long as the 2016 Olympic and
11Paralympic Games Professional Licensure Exemption Law is
12operable.
13(Source: P.A. 96-7, eff. 4-3-09.)