State of Illinois
2013 and 2014


Introduced , by Rep. Kenneth Dunkin


New Act
5 ILCS 80/4.34 new

    Creates the Colon Hydrotherapist Licensing Act. Establishes licensing requirements for the practice of colon hydrotherapy by the Department of Financial and Professional Regulation and provides that no person shall practice colon hydrotherapy for compensation without a license under the Act. Creates the Colon Hydrotherapy Licensing Board. Establishes guidelines for applications, endorsement, display of licenses, exemptions, advertising, investigations and hearings, continuing education, renewal and restoration of licenses, suspension of licenses, fees, confidentiality, and violations of the Act. Amends the regulatory Sunset Act. Provides for the repeal of the Colon Hydrotherapist Licensing Act on January 1, 2024. Effective on January 1, 2014.

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HB3368LRB098 10628 MGM 40907 b

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 Colon
5Hydrotherapist Licensing Act.
6    Section 5. Declaration of public policy. The purpose of
7this Act is to protect and benefit the public by setting
8standards of qualifications, education, training, and
9experience for those who seek to practice colon hydrotherapy,
10to promote high standards of professional performance for those
11licensed to practice colon hydrotherapy in this State, and to
12protect the public from unprofessional conduct by persons
13licensed to practice colon hydrotherapy.
14    Section 10. Definitions. As used in this Act:
15    "Address of record" means the designated address recorded
16by the Department in the applicant's or licensee's application
17file or license file as maintained by the Department's
18licensure maintenance unit. It is the duty of the applicant or
19licensee to inform the Department of any change of address and
20those changes must be made either through the Department's
21website or by contacting the Department.
22    "Approved colon hydrotherapy school" means a program that



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1meets the minimum standards for training and curriculum
2determined by the Department.
3    "Board" means the Colon Hydrotherapy Licensing Board
4appointed by the Secretary.
5    "Compensation" means the receipt of payment, loan,
6advance, donation, contribution, deposit, or gift of money or
7anything of value.
8    "Department" means the Department of Financial and
9Professional Regulation.
10    "Colon hydrotherapist" means a trained individual who is
11licensed by the Department and administers colon hydrotherapy
12for compensation.
13    "Colonic", "colon irrigation", or "colon hydrotherapy"
14mean the practice of introducing warm, filtered, and
15temperature regulated water into the large intestine or colon
16by permitted establishments and practitioners for the purpose
17of hydrating the waste and body and softening and loosening
18fecal waste, resulting in evacuation. "Colonic" or "colon
19hydrotherapy" may include, but are not limited to, techniques
20used to stimulate reflex points in the abdomen, hands, and
21feet. As part of the practice, "colonic" or "colon
22hydrotherapy" may also include discussion of lifestyle,
23healthy eating, and exercise. The colon hydrotherapist may
24provide to the client written aftercare instructions relating
25to the session. "Colonic" or "colon hydrotherapy" does not
26include the diagnosis of a specific pathology or treatment for



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1any medical condition. "Colon hydrotherapy" does not include
2those acts of massage, physical therapy, or therapeutic or
3corrective measures that are outside the scope of colon
4hydrotherapy practice as defined in this Section.
5    "Secretary" means the Secretary of the Department of
6Financial and Professional Regulation.
7    Section 15. Licensure requirements.
8    (a) Beginning January 1, 2014, persons engaged in colon
9hydrotherapy for compensation must be licensed by the
10Department. The Department shall only issue a license to an
11individual if the applicant:
12        (1) has applied in writing on the prescribed forms and
13    has paid the required fees;
14        (2) is at least 18 years of age and of good moral
15    character; in determining good moral character, the
16    Department may take into consideration conviction of any
17    crime under the laws of the United States, any state, or
18    territory that is a felony or a misdemeanor or any crime
19    that is directly related to the practice of the profession;
20    a conviction shall not operate automatically as a complete
21    bar to a license, except in the case of any conviction for
22    prostitution, rape, or sexual misconduct, or where the
23    applicant is a registered sex offender; and
24        (3) has met one of the following requirements:
25                (A) has successfully completed a colon



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1        hydrotherapy program approved by the Department that
2        requires 100 hours of course study with no less than
3        100 hours of classroom instruction, a minimum of 45
4        hours of anatomy and physiology, and 25 intern sessions
5        (such as the course offered by the International
6        Association for Colon Hydrotherapy), and has passed a
7        competency examination managed by the National Board
8        for Colon Hydrotherapy; or
9                (B) holds a current license from another
10        jurisdiction having licensure requirements that
11        include the completion of a colon hydrotherapy program
12        of not less than 100 hours.
13    (b) Each applicant for licensure as a colon hydrotherapist
14shall have his or her fingerprints submitted to the Department
15of State Police in an electronic format that complies with the
16form and manner for requesting and furnishing criminal history
17record information as prescribed by the Department of State
18Police. These fingerprints shall be checked against the
19Department of State Police and Federal Bureau of Investigation
20criminal history record databases. The Department of State
21Police shall charge applicants a fee for conducting the
22criminal history records check, which shall be deposited into
23the State Police Services Fund and shall not exceed the actual
24cost of the records check. After the identification of any
25convictions, the Department of State Police shall furnish
26records of the convictions to the Department. The Department



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1may require applicants to pay a separate fingerprinting fee,
2either to the Department or to a vendor. The Department may, in
3its discretion, allow an applicant who does not have reasonable
4access to a designated vendor to provide his or her
5fingerprints in an alternative manner. The Department may adopt
6any rules necessary to implement this Section.
7    Section 20. Social Security number on license application.
8In addition to any other information required to be contained
9in the application, every application for an original, renewed,
10reinstated, or restored license under this Act shall include
11the applicant's Social Security number.
12    Section 25. Endorsement. The Department may, in its
13discretion, license as a colon hydrotherapist, by endorsement,
14an applicant who is a colon hydrotherapist licensed under the
15laws of another state or territory, if the requirements for
16licensure in the state or territory where the applicant was
17licensed were, at the date of his or her licensure,
18substantially equivalent to the requirements in force in this
19State on that date, and if the applicant has paid the required
20fee to the Department. The Department may adopt any rules
21necessary to implement this Section.
22    Applicants have 3 years after the date of application to
23complete the application process. If the process has not been
24completed within the 3 years, the application shall be denied,



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1the fee forfeited, and the applicant must reapply and meet the
2requirements in effect at the time of reapplication.
3    Section 30. Exemptions.
4    (a) This Act does not prohibit a person licensed under any
5other Act in this State from engaging in the practice for which
6he or she is licensed.
7    (b) Persons exempted under this Section include, but are
8not limited to, physicians, chiropractors, and naprapaths.
9    (c) Nothing in this Act prohibits a student of an approved
10colon hydrotherapy school or program from performing colon
11hydrotherapy, provided that the student does not hold himself
12or herself out as a licensed colon hydrotherapist and does not
13receive compensation, including tips, for colon hydrotherapy
15    (d) Nothing in this Act applies to licensed colon
16hydrotherapists from other states or countries when providing
17educational programs or services for a period not exceeding 30
18days within a calendar year.
19    Section 35. Title protection.
20    (a) Persons regulated by this Act are designated as colon
21hydrotherapists. Unless he or she has been issued, by the
22Department, a valid, existing license under this Act, no person
23may use the title and designation of "colon hydrotherapist" or
24the terms "colonic", "colon hydrotherapy", and "colonic



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1irrigation" when advertising or printing promotional material.
2    (b) Anyone who knowingly aids and abets one or more persons
3not authorized to use a professional title regulated by this
4Act or knowingly employs persons not authorized to use the
5regulated professional title in the course of their employment,
6commits a violation of this Act.
7    (c) Anyone not authorized under this Act to use the term
8"colonic", "colon hydrotherapy", or "colonic irrigation" and
9who knowingly use these terms when advertising commits a
10violation of this Act.
11    Section 40. Display of license. Every licensee shall
12display his or her license or a copy in a conspicuous place in
13the licensee's principal place of business or any other
14location where the licensee provides colon hydrotherapy
16    Section 45. Colon Hydrotherapy Licensing Board.
17    (a) The Secretary shall appoint a Colon Hydrotherapy
18Licensing Board which shall serve in an advisory capacity to
19the Secretary. The Board shall consist of 7 members, 6 of whom
20shall be colon hydrotherapists with at least 3 years of
21experience in colon hydrotherapy and one member of the Board
22shall be a member of the public who is not licensed under this
23Act or a similar Act in Illinois or another jurisdiction.
24Membership on the Board shall reasonably reflect the geographic



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1areas of the State. The Board shall meet annually to elect a
2chairperson and vice-chairperson. The Board shall hold
3regularly scheduled meetings during the year. A simple majority
4of the Board shall constitute a quorum at any meeting. Any
5action taken by the Board must be on the affirmative vote of a
6simple majority of members. Voting by proxy shall not be
7permitted. In the case of an emergency where all Board members
8cannot meet in person, the Board may convene a meeting via an
9electronic format in accordance with the Open Meetings Act.
10    (b) Members shall be appointed to a 3-year term, except
11that initial appointees shall serve the following terms: 2
12members shall serve for one year, 2 members shall serve for 2
13years, and 3 members shall serve for 3 years. A member whose
14term has expired shall continue to serve until his or her
15successor is appointed. No member shall be reappointed to the
16Board for a term that would cause his or her continuous service
17on the Board to exceed 9 years. Appointments to fill a vacancy
18shall be made in the same manner as the original appointments.
19    (c) The members of the Board are entitled to receive
20compensation for all legitimate and necessary expenses
21incurred while attending Board and Department meetings.
22    (d) Members of the Board shall be immune from suit in any
23action based upon any disciplinary proceedings or other
24activities performed in good faith as members of the Board.
25    (e) The Secretary shall consider the recommendations of the
26Board on questions involving the standards of professional



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1conduct, discipline, and qualifications of applicants and
2licensees under this Act. Nothing shall limit the ability of
3the Board to provide recommendations to the Secretary in regard
4to any matter affecting the administration of this Act. The
5Secretary shall give due consideration to all recommendations
6of the Board.
7    (f) The Secretary may terminate the appointment of any
8member for cause, which, in the opinion of the Secretary,
9reasonably justifies termination and may include, but is not
10limited to, a Board member who does not attend 2 consecutive
12    Section 50. Duties of the Department. The Department shall
13exercise the powers and duties prescribed by the Civil
14Administrative Code of Illinois for administration of
15licensing Acts and shall exercise other powers and duties
16necessary for effectuating the purpose of this Act. The
17Department shall adopt rules to implement, interpret, or make
18specific the provisions and purposes of this Act. No rules
19shall be adopted by the Department until reviewed by the Board.
20    Section 55. Grounds for discipline.
21    (a) The Department may refuse to issue or renew, or may
22revoke, suspend, place on probation, reprimand, or take other
23disciplinary or non-disciplinary action, as the Department
24considers appropriate, including the imposition of fines not to



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1exceed $10,000 for each violation, with regard to any license
2or licensee for any one or more of the following:
3        (1) violations of this Act or its rules;
4        (2) conviction by plea of guilty or nolo contendere,
5    finding of guilt, jury verdict, or entry of judgment or by
6    sentencing of any crime, including, but not limited to,
7    convictions, preceding sentences of supervision,
8    conditional discharge, or first offender probation, under
9    the laws of any jurisdiction of the United States that is
10    (i) a felony; or (ii) that is a misdemeanor, an essential
11    element of which is dishonesty, or that is directly related
12    to the practice of the profession;
13        (3) professional incompetence;
14        (4) advertising in a false, deceptive, or misleading
15    manner;
16        (5) aiding, abetting, assisting, procuring, advising,
17    employing, or contracting with any unlicensed person to
18    practice colon hydrotherapy in violation of any rules or
19    provisions of this Act;
20        (6) engaging in immoral conduct in the commission of
21    any act related to the licensee's practice, including
22    sexual abuse, sexual misconduct, or sexual exploitation;
23        (7) engaging in dishonorable, unethical, or
24    unprofessional conduct of a character likely to deceive,
25    defraud, or harm the public;
26        (8) practicing or offering to practice beyond the scope



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1    permitted by law or accepting and performing professional
2    responsibilities that the licensee knows or has reason to
3    know that he or she is not competent to perform;
4        (9) knowingly delegating professional responsibilities
5    to a person unqualified by training, experience, or
6    licensure;
7        (10) failing to provide information in response within
8    60 days after a written request made by the Department;
9        (11) habitual or excessive use or abuse of drugs
10    defined in law as controlled substances, alcohol, or any
11    other substances that results in the inability to practice
12    with reasonable judgment, skill, or safety;
13        (12) having a pattern of practice or other behavior
14    that demonstrates incapacity or incompetence to practice
15    under this Act;
16        (13) discipline by another state, District of
17    Columbia, territory, or foreign nation, if at least one of
18    the grounds for the discipline is the same or substantially
19    equivalent to those set forth in this Section;
20        (14) a finding by the Department that the licensee,
21    after having his or her license placed on probationary
22    status, has violated the terms of probation;
23        (15) willfully making or filing false records or
24    reports in his or her practice, including, but not limited
25    to, false records filed with State agencies or departments;
26        (16) making a material misstatement in furnishing



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1    information to the Department or otherwise making
2    misleading, deceptive, untrue, or fraudulent
3    representations in violation of this Act or otherwise in
4    the practice of the profession;
5        (17) fraud or misrepresentation in applying for or
6    procuring a license under this Act or in connection with
7    applying for renewal of a license under this Act;
8        (18) inability to practice the profession with
9    reasonable judgment, skill, or safety as a result of
10    physical illness, including, but not limited to,
11    deterioration through the aging process, loss of motor
12    skill, or a mental illness or disability;
13        (19) charging for professional services not rendered
14    including filing false statements for the collection of
15    fees for which services are not rendered;
16        (20) practicing under a false or, except as provided by
17    law, assumed name; or
18        (21) cheating on or attempting to subvert the licensing
19    examination administered under this Act.
20        All fines shall be paid within 60 days after the
21    effective date of the order imposing the fine.
22    (b) A person not licensed under this Act and engaged in the
23business of offering colon hydrotherapy services through
24others, shall not aid, abet, assist, procure, advise, employ,
25or contract with any unlicensed person to practice colon
26hydrotherapy in violation of any rules or provisions of this



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1Act. A person violating this subsection (b) shall be treated as
2a licensee for the purposes of disciplinary action under this
3Section and shall be subject to cease and desist orders as
4provided in Section 105 of this Act.
5    (c) The Department shall revoke any license issued under
6this Act of any person who is convicted of prostitution, rape,
7sexual misconduct, or any crime that subjects the licensee to
8compliance with the requirements of the Sex Offender
9Registration Act and any such conviction shall operate as a
10permanent bar in this State to practice as a colon
12    (d) The Department may refuse to issue or may suspend the
13license of any person who fails to file a tax return, to pay
14the tax, penalty, or interest shown in a filed tax return, or
15to pay any final assessment of tax, penalty, or interest, as
16required by any tax Act administered by the Illinois Department
17of Revenue, until such time as the requirements of the tax Act
18are satisfied in accordance with subsection (g) of Section
192105-15 of the Department of Professional Regulation Law of the
20Civil Administrative Code of Illinois.
21    (e) The Department shall deny a license or renewal
22authorized by this Act to a person who has defaulted on an
23educational loan or scholarship provided or guaranteed by the
24Illinois Student Assistance Commission or any governmental
25agency of this State in accordance with item (5) of subsection
26(g) of Section 2105-15 of the Department of Professional



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1Regulation Law of the Civil Administrative Code of Illinois.
2    (f) In cases where the Department of Healthcare and Family
3Services has previously determined that a licensee or a
4potential licensee is more than 30 days delinquent in the
5payment of child support and has subsequently certified the
6delinquency to the Department, the Department may refuse to
7issue or renew or may revoke or suspend that person's license
8or may take other disciplinary action against that person based
9solely upon the certification of delinquency made by the
10Department of Healthcare and Family Services in accordance with
11item (5) of subsection (a) of Section 2105-15 of the Department
12of Professional Regulation Law of the Civil Administrative Code
13of Illinois.
14    (g) The determination by a circuit court that a licensee is
15subject to involuntary admission or judicial admission, as
16provided in the Mental Health and Developmental Disabilities
17Code, operates as an automatic suspension. The suspension shall
18end only upon a finding by a court that the patient is no
19longer subject to involuntary admission or judicial admission
20and the issuance of a court order so finding and discharging
21the patient.
22    (h) In enforcing this Act, the Department or Board, upon a
23showing of a possible violation, may compel an individual
24licensed to practice under this Act, or who has applied for
25licensure under this Act, to submit to a mental or physical
26examination, or both, as required by and at the expense of the



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1Department. The Department or Board may order the examining
2physician to present testimony concerning the mental or
3physical examination of the licensee or applicant. No
4information shall be excluded by reason of any common law or
5statutory privilege relating to communications between the
6licensee or applicant and the examining physician. The
7examining physicians shall be specifically designated by the
8Board or Department. The individual to be examined may have, at
9his or her own expense, another physician of his or her choice
10present during all aspects of the examination. The examination
11shall be performed by a physician licensed to practice medicine
12in all its branches. Failure of an individual to submit to a
13mental or physical examination, when directed, shall result in
14an automatic suspension without hearing.
15    A person holding a license under this Act or who has
16applied for a license under this Act who, because of a physical
17or mental illness or disability, including, but not limited to,
18deterioration through the aging process or loss of motor skill,
19is unable to practice the profession with reasonable judgment,
20skill, or safety, may be required by the Department to submit
21to care, counseling, or treatment by physicians approved or
22designated by the Department as a condition, term, or
23restriction for continued, reinstated, or renewed licensure to
24practice. Submission to care, counseling, or treatment as
25required by the Department shall not be considered discipline
26of a licensee. If the licensee refuses to enter into a care,



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1counseling, or treatment agreement or fails to abide by the
2terms of the agreement, the Department may file a complaint to
3revoke or suspend the license or otherwise discipline the
4licensee. The Secretary may order the license suspended
5immediately, pending a hearing by the Department. Fines shall
6not be assessed in disciplinary actions involving physical or
7mental illness or impairment.
8    When the Secretary immediately suspends a person's license
9under this Section, a hearing on that person's license shall be
10convened by the Department within 15 days after the suspension
11and completed without appreciable delay. The Department and
12Board shall have the authority to review the subject
13individual's record of treatment and counseling regarding the
14impairment to the extent permitted by applicable federal
15statutes and regulations safeguarding the confidentiality of
16medical records.
17    An individual licensed under this Act and affected under
18this Section shall be afforded an opportunity to demonstrate to
19the Department or Board that he or she can resume practice in
20compliance with acceptable and prevailing standards under the
21provisions of his or her license.
22    Section 60. Advertising.
23    (a) It is a Class A misdemeanor for any person,
24organization, or corporation to advertise colon hydrotherapy
25services unless the person providing the service holds a valid



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1license under this Act, except for those excluded licensed
2professionals who are allowed to include colon hydrotherapy in
3their scope of practice. A colon hydrotherapist may not
4advertise unless he or she has a current license issued by this
5State. "Advertise" as used in this subsection includes, but is
6not limited to, the issuance of any card, sign, or device to
7any person; the causing, permitting, or allowing of any sign or
8marking on or in any building, vehicle, or structure;
9advertising in any newspaper or magazine; any listing or
10advertising in any directory under a classification or heading
11that includes the words "colonic", "colon hydrotherapist", or
12"colon hydrotherapy"; or commercials broadcast by any means.
13     (b) The colon hydrotherapist shall maintain an absolutely
14factual and true representation of the colon hydrotherapy
15procedure and profession in any advertising medium.
16Advertising under this subsection shall include the license
17number in any advertisement. It is a Class A misdemeanor for
18any person, organization, or corporation to advertise or imply
19that colon hydrotherapy can treat any disease or condition. For
20the purposes of this subsection, "advertising medium" means any
21newspaper, airwave or computer transmission, telephone
22directory listing other than an in-column listing consisting
23only of a name, address, and telephone number, business card,
24handbill, flyer, sign other than a building directory listing
25all building tenants and their room or suite numbers, or other
26form of written advertising.



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1    Section 65. Home rule. The regulation and licensing of
2colon hydrotherapy is an exclusive power and function of the
3State. A home rule unit may not regulate or license colon
4hydrotherapists. This Section is a denial and limitation of
5home rule powers and functions under subsection (h) of Section
66 of Article VII of the Illinois Constitution.
7    Section 70. Administrative Procedure Act. The Illinois
8Administrative Procedure Act shall apply to this Act, except
9the provision of subsection (d) of Section 10-65 of the
10Illinois Administrative Procedure Act that provides that at
11hearings the licensee has the right to show compliance with all
12lawful requirements for retention, continuation, or renewal of
13the license is specifically excluded. For the purposes of this
14Act the notice required under Section 10-25 of the
15Administrative Procedure Act is sufficient when mailed to the
16party's address of record.
17    Section 75. Renewal of licenses. The expiration date and
18renewal period for each license issued under this Act shall be
19set by rule.
20    Section 80. Continuing education. The Department shall
21adopt rules for continuing education for persons licensed under
22this Act that require the completion of 24 hours of approved



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1continuing education for each license renewal period. The
2Department shall establish by rule a means for the verification
3of completion of the continuing education required by this
4Section. This verification may be accomplished through audits
5of records maintained by the licensee, by requiring the filing
6of continuing education certificates with the Department, or by
7other means established by the Department.
8    Section 85. Restoration of expired licenses. A colon
9hydrotherapist who has permitted his or her license to expire
10or who has had his or her license on inactive status may have
11his or her license restored by making application to the
12Department and filing proof acceptable to the Department of his
13or her fitness to have his or her license restored, including
14sworn evidence certifying to active practice in another
15jurisdiction satisfactory to the Department, by paying the
16required restoration fee, and showing proof of completion of
17required continuing education. Licensees must provide proof of
18completion of 24 hours approved continuing education to renew
19their license.
20    If the colon hydrotherapist has not maintained an active
21practice in another jurisdiction satisfactory to the
22Department, the Board shall determine by an evaluation program
23established by rule his or her fitness to resume active status
24and may require the colon hydrotherapist to complete a period
25of evaluated clinical experience and may require successful



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1completion of an examination.
2    A colon hydrotherapist whose license has been expired or
3placed on inactive status for more than 5 years may have his or
4her license restored by making application to the Department
5and filing proof acceptable to the Department of his or her
6fitness to have his or her license restored, including sworn
7evidence certifying to active practice in another
8jurisdiction, by paying the required restoration fee, and by
9showing proof of the completion of 24 hours of continuing
11    However, any registrant whose license has expired while he
12or she has been engaged in (i) Federal Service on active duty
13with the United States Army, Navy, Marine Corps, Air Force,
14Coast Guard, or Public Health Service or the State Militia
15called into the service or training of the United States of
16America, or (ii) training or education under the supervision of
17the United States preliminary to induction into the military
18service, may have his or her license reinstated or restored
19without paying any lapsed renewal fees if, within 2 years after
20honorable termination of such service, training, or education,
21he or she furnishes to the Department satisfactory evidence to
22the effect that he or she has been so engaged and that his or
23her service, training, or education has been so terminated.
24    Section 90. Inactive licenses. Any colon hydrotherapist
25who notifies the Department, in writing on forms prescribed by



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1the Department, may elect to place his or her license on
2inactive status and shall, subject to rules of the Department,
3be excused from payment of renewal fees until he or she
4notifies the Department in writing of his or her desire to
5resume active status.
6    A colon hydrotherapist requesting restoration from
7inactive status shall be required to pay the current renewal
8fee and shall be required to restore his or her license as
9provided in Section 85 of this Act.
10    Any colon hydrotherapist whose license is on inactive
11status shall not practice colon hydrotherapy in the State, and
12any practice conducted shall be deemed unlicensed practice.
13    Section 95. Fees. The fees assessed under this Act shall
14be set by rule.
15    Section 100. Deposit of fees and fines; appropriations.
16All fees and fines collected under this Act shall be deposited
17into the General Professions Dedicated Fund. All monies in the
18Fund shall be used by the Department of Financial and
19Professional Regulation, as appropriated, for the ordinary and
20contingent expenses of the Department.
21    Section 105. Violations; injunction; cease and desist
23     (a) If any person violates a provision of this Act, the



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1Secretary may, in the name of the People of the State of
2Illinois, through the Attorney General of the State of Illinois
3or the State's Attorney in the county in which the offense
4occurs, petition for an order enjoining the violation or for an
5order enforcing compliance with this Act. Upon the filing of a
6verified petition in court, the court may issue a temporary
7restraining order, without notice or bond, and may
8preliminarily and permanently enjoin the violation. If it is
9established that the person has violated or is violating the
10injunction, the court may punish the offender for contempt of
11court. Proceedings under this Section shall be in addition to,
12and not in lieu of, all other remedies and penalties provided
13by this Act.
14    (b) If any person practices as a colon hydrotherapist or
15holds himself or herself out as a colon hydrotherapist without
16being licensed under the provisions of this Act, then the
17Secretary, any colon hydrotherapist, any interested party, or
18any person injured thereby may petition for relief as provided
19in subsection (a) of this Section or may apply to the circuit
20court of the county where the violation or some part thereof
21occurred, or where the person complained of has his or her
22principal place of business or resides, to prevent the
23violation. The court has jurisdiction to enforce obedience by
24injunction or by other process restricting the person
25complained of from further violation.
26     (c) Whenever, in the opinion of the Department, a person



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1violates any provision of this Act, the Department may issue a
2rule to show cause why an order to cease and desist should not
3be entered against him or her. The rule shall clearly set forth
4the grounds relied upon by the Department and shall provide a
5period of 7 days after the date of the rule to file an answer to
6the satisfaction of the Department. Failure to answer to the
7satisfaction of the Department shall cause an order to cease
8and desist to be issued.
9    Section 110. Investigations; notice and hearing. The
10Department may investigate the actions of any applicant or of
11any person or persons rendering or offering to render colon
12hydrotherapy services or any person holding or claiming to hold
13a license as a colon hydrotherapist. The Department shall,
14before refusing to issue or renew a license or to discipline a
15licensee under Section 55 of this Act, at least 30 days prior
16to the date set for the hearing, (i) notify the accused in
17writing of the charges made and the time and place for the
18hearing on the charges, (ii) direct him or her to file a
19written answer with the Department under oath within 20 days
20after the service of the notice, and (iii) inform the applicant
21or licensee that failure to file an answer will result in a
22default judgment being entered against the applicant or
23licensee. At the time and place fixed in the notice, the
24Department shall proceed to hear the charges and the parties of
25their counsel shall be accorded ample opportunity to present



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1any pertinent statements, testimony, evidence, and arguments.
2The Department may continue the hearing from time to time. In
3case the person, after receiving the notice, fails to file an
4answer, his or her license may, in the discretion of the
5Department, be revoked, suspended, or placed on probationary
6status or the Department may take whatever disciplinary actions
7considered proper, including limiting the scope, nature, or
8extent of the person's practice or the imposition of a fine,
9without a hearing, if the act or acts charged constitute
10sufficient grounds for that action under this Act. The written
11notice may be served by personal delivery or by certified mail
12to the address of record of the accused.
13    Section 115. Stenographer; transcript. The Department
14shall, at its own expense, preserve a record of all proceedings
15at the formal hearing of any case. Any notice, all documents in
16the nature of pleadings, written motions filed, the transcripts
17of testimony, reports of the Board and hearing officer, and
18orders of the Department shall be in the record of the
20    Section 120. Subpoenas; depositions; oaths.
21    (a) The Department may subpoena and bring before it any
22person to take the oral or written testimony or compel the
23production of any books, papers, records, or any other
24documents that the Secretary or his or her designee deems



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1relevant or material to any such investigation or hearing
2conducted by the Department with the same fees and in the same
3manner as prescribed in civil cases in the courts of this
5    (b) Any circuit court, upon the application of the licensee
6or the Department, may order the attendance and testimony of
7witnesses and the production of relevant documents, files,
8records, books, and papers in connection with any hearing or
9investigation. The circuit court may compel obedience to its
10order by proceedings for contempt.
11    (c) The Secretary, the hearing officer, any member of the
12Board, or a certified shorthand court reporter may administer
13oaths at any hearing the Department conducts. Notwithstanding
14any other statute or Department rule to the contrary, all
15requests for testimony, production of documents, or records
16shall be in accordance with this Act.
17    Section 125. Findings and recommendations. At the
18conclusion of the hearing, the Board shall present to the
19Secretary a written report of its findings and recommendations.
20The report shall contain a finding of whether or not the
21accused person violated this Act or failed to comply with the
22conditions required in this Act. The Board shall specify the
23nature of the violation or failure to comply and shall make its
24recommendations to the Secretary.
25    The report of findings and recommendations of the Board



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1shall be the basis for the Department's order or refusal or for
2the granting of a license unless the Secretary shall determine
3that the Board's report is contrary to the manifest weight of
4the evidence, in which case the Secretary may issue an order
5contrary to the Board's report. The finding is not admissible
6in evidence against the person in a criminal prosecution
7brought for the violation of this Act, but the hearing and
8finding are not a bar to a criminal prosecution brought for the
9violation of this Act.
10    Section 130. Board; rehearing. In any case involving
11discipline of a licensee or the refusal to issue or renew a
12license, a copy of the Board's report shall be served upon the
13respondent by the Department, either personally or as provided
14in this Act for the service of the notice of hearing. Within 20
15days after service, the respondent may present to the
16Department a motion for a rehearing in writing and specifying
17particular grounds. If no motion for rehearing is filed, then
18upon the expiration of the time specified for filing the
19motion, or if a motion for rehearing is denied, then upon the
20denial, the Secretary may enter an order in accordance with
21recommendations of the Board, except as provided in Section 125
22of this Act. If the respondent shall order from the reporting
23service and pay for a transcript of the record within the time
24for filing a motion for rehearing, the 20 day period for filing
25the motion shall start upon the delivery of the transcript to



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1the respondent.
2    Section 135. Secretary; rehearing. Whenever the Secretary
3is not satisfied that substantial justice has been done in the
4revocation, suspension, or refusal to issue, restore, or renew
5a license, or other discipline of an applicant or licensee, the
6Secretary may order a rehearing by the same or other hearing
8    Section 140. Appointment of a hearing officer. The
9Secretary shall have the authority to appoint any attorney duly
10licensed to practice law in this State to serve as the hearing
11officer in any action for refusal to issue or renew a license
12or permit or for the discipline of a licensee. The hearing
13officer shall have full authority to conduct the hearing. The
14hearing officer shall report his or her findings and
15recommendations to the Board and the Secretary. The Board shall
16have 60 days after receipt of the report to review the report
17of the hearing officer and present its findings of fact,
18conclusions of law, and recommendations to the Secretary. If
19the Board fails to present its report within the 60-day period,
20the Secretary shall issue an order based on the report of the
21hearing officer. If the Secretary determines that the Board's
22report is contrary to the manifest weight of the evidence, he
23or she may issue an order contrary to the Board's report.



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1    Section 145. Order or certified copy; prima facie proof.
2An order or a certified copy of the order, over the seal of the
3Department and purporting to be signed by the Secretary, shall
4be prima facie proof that:
5        (1) the signature is the genuine signature of the
6    Secretary;
7        (2) the Secretary is duly appointed and qualified; and
8        (3) the Board and the members of the Board are
9    qualified to act.
10    Section 150. Restoration of license from discipline. At
11any time after the successful completion of a term of
12indefinite probation, suspension, or revocation of a license,
13the Department may restore the license to the licensee upon
14written recommendation of the Board, unless after an
15investigation and a hearing the Secretary determines that
16restoration is not in the public interest. No person or entity
17whose license, certificate, or authority has been revoked under
18this Act may apply for restoration of that license,
19certification, or authority until such time as provided for in
20the Civil Administrative Code of Illinois.
21    Section 155. Surrender of license. Upon the revocation or
22suspension of any license, the licensee shall surrender the
23license to the Department and, if the licensee fails to do so,
24the Department shall have the right to seize the license.



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1    Section 160. Temporary suspension of a license. The
2Secretary may temporarily suspend the license of a colon
3hydrotherapist without a hearing, simultaneously with the
4institution of proceedings for a hearing provided for in
5Section 110 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 a colon hydrotherapist without a hearing, a hearing
10by the Board must be held within 30 calendar days after the
11suspension has occurred.
12    Section 165. Administrative review; venue. All final
13administrative decisions of the Department are subject to
14judicial review under the Administrative Review Law and its
15rules. For the purposes of this Act, the term "administrative
16decision" is defined as in Section 3-101 of the Code of Civil
18    Proceedings for judicial review shall be commenced in the
19circuit court of the county in which the party applying for
20relief resides. If the party is not a resident of this State,
21then the venue shall be in Sangamon County.
22    The Department shall not be required to certify any record
23to the court or file any answer in court or otherwise appear in
24any court in a judicial review proceeding, unless and until the



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1Department has received from the plaintiff payment of the costs
2of furnishing and certifying the record, which costs shall be
3determined by the Department. Failure on the part of the
4plaintiff to file a receipt in court shall be grounds for
5dismissal of the action.
6    Section 170. Violations.
7    (a) A person who is found to have violated any provision of
8this Act is guilty of a Class A misdemeanor.
9    (b) Whoever knowingly practices or offers to practice colon
10hydrotherapy in this State without a license, or knowingly
11aids, abets, assists, procures, advises, employs, or contracts
12with any unlicensed person to practice colon hydrotherapy
13contrary to any rule or provision of this Act, shall be guilty
14of a Class A misdemeanor.
15    Section 175. Returned checks; fines. Any person who
16delivers a check or other payment to the Department that is
17returned to the Department unpaid by the financial institution
18upon which it is drawn shall pay to the Department, in addition
19to the amount already owed to the Department, a fine of $50.
20The fines imposed by this Section are in addition to any other
21discipline provided under this Act for unlicensed practice or
22practice on a non-renewed license. The Department shall notify
23the person that payment of fees and fines shall be paid to the
24Department by certified check or money order within 30 calendar



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1days after receipt of the notification. If after the expiration
2of 30 days after the date of the notification, the person has
3failed to submit the fee, the Department shall automatically
4terminate the license or deny the application without hearing.
5If, after termination or denial, the person seeks a license, he
6or she shall apply to the Department for restoration or
7issuance of the license and pay all fees and fines owed to the
8Department. The Department may establish a fee for the
9processing of an application for restoration of a license to
10pay all expenses of processing this application. The Secretary
11may waive the fines due under this Section in individual cases
12where the Secretary finds that the fines would be unreasonable
13or unnecessarily burdensome.
14    Section 180. Unlicensed practice; violation; civil
16    (a) Any person who practices, offers to practice, attempts
17to practice, or holds himself or herself out to practice colon
18hydrotherapy or as a colon hydrotherapist without being
19licensed under this Act, or any person not licensed under this
20Act who aids, abets, assists, procures, advises, employs, or
21contracts with any unlicensed person to practice colon
22hydrotherapy contrary to any rules or provisions of this Act,
23shall, in addition to any other penalty provided by law, pay a
24civil penalty to the Department in an amount not to exceed
25$10,000 for each violation of this Act as determined by the



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1Department. The civil penalty shall be assessed by the
2Department after a hearing is held in accordance with the
3provisions set forth in this Act regarding the provision of a
4hearing for the discipline of a licensee.
5    (b) The Department has the authority and power to
6investigate any unlicensed activity.
7    (c) The civil penalty shall be paid within 60 days after
8the effective date of the order imposing the civil penalty. The
9order shall constitute a judgment and may be filed and executed
10in the same manner as any judgment from any court of record.
11    (d) All moneys collected under this Section shall be
12deposited into the General Professions Dedicated Fund.
13    Section 185. Confidentiality. All information collected
14by the Department in the course of an examination or
15investigation of a licensee or applicant, including, but not
16limited to, any complaint against a licensee filed with the
17Department and information collected to investigate any such
18complaint, shall be maintained for the confidential use of the
19Department and shall not be disclosed. The Department may not
20disclose the information to anyone other than law enforcement
21officials, regulatory agencies that have an appropriate
22regulatory interest as determined by the Secretary, or a party
23presenting a lawful subpoena to the Department. Information and
24documents disclosed to a federal, State, county, or local law
25enforcement agency shall not be disclosed by the agency for any



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1purpose to any other agency or person. A formal complaint filed
2against a licensee by the Department or any order issued by the
3Department against a licensee or applicant shall be a public
4record, except as otherwise prohibited by law.
5    Section 190. Severability. If any provision of this Act or
6the application of any provision of this Act to any person or
7circumstance is held invalid, the invalidity does not affect
8other provisions or applications of the Act that can be given
9effect without the invalid provision or application, and for
10this purpose the provisions of this Act are severable.
11    Section 200. The Regulatory Sunset Act is amended by adding
12Section 4.34 as follows:
13    (5 ILCS 80/4.34 new)
14    Sec. 4.34. Act repealed on January 1, 2024. The following
15Act is repealed on January 1, 2024:
16    The Colon Hydrotherapist Licensing Act.
17    Section 999. Effective date. This Act takes effect on
18January 1, 2014.