Illinois General Assembly - Full Text of HB4293
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB4293  103rd General Assembly



HB4293 EngrossedLRB103 35932 SPS 66019 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 5. The Massage Licensing Act is amended by
5changing Section 45 as follows:
6    (225 ILCS 57/45)
7    (Section scheduled to be repealed on January 1, 2027)
8    Sec. 45. Grounds for discipline.
9    (a) The Department may refuse to issue or renew, or may
10revoke, suspend, place on probation, reprimand, or take other
11disciplinary or non-disciplinary action, as the Department
12considers appropriate, including the imposition of fines not
13to exceed $10,000 for each violation, with regard to any
14license or licensee for any one or more of the following:
15        (1) violations of this Act or of the rules adopted
16    under this Act;
17        (2) conviction by plea of guilty or nolo contendere,
18    finding of guilt, jury verdict, or entry of judgment or by
19    sentencing of any crime, including, but not limited to,
20    convictions, preceding sentences of supervision,
21    conditional discharge, or first offender probation, under
22    the laws of any jurisdiction of the United States: (i)
23    that is a felony; or (ii) that is a misdemeanor, an



HB4293 Engrossed- 2 -LRB103 35932 SPS 66019 b

1    essential element of which is dishonesty, or that is
2    directly related to the practice of the profession;
3        (3) professional incompetence;
4        (4) advertising in a false, deceptive, or misleading
5    manner, including failing to use the massage therapist's
6    own license number in an advertisement;
7        (5) aiding, abetting, assisting, procuring, advising,
8    employing, or contracting with any unlicensed person to
9    practice massage contrary to any rules or provisions of
10    this Act;
11        (6) engaging in immoral conduct in the commission of
12    any act, such as sexual abuse, sexual misconduct, or
13    sexual exploitation, related to the licensee's practice;
14        (7) engaging in dishonorable, unethical, or
15    unprofessional conduct of a character likely to deceive,
16    defraud, or harm the public;
17        (8) practicing or offering to practice beyond the
18    scope permitted by law or accepting and performing
19    professional responsibilities which the licensee knows or
20    has reason to know that he or she is not competent to
21    perform;
22        (9) knowingly delegating professional
23    responsibilities to a person unqualified by training,
24    experience, or licensure to perform;
25        (10) failing to provide information in response to a
26    written request made by the Department within 60 days;



HB4293 Engrossed- 3 -LRB103 35932 SPS 66019 b

1        (11) having a habitual or excessive use of or
2    addiction to alcohol, narcotics, stimulants, or any other
3    chemical agent or drug which results in the inability to
4    practice with reasonable judgment, skill, or safety;
5        (12) having a pattern of practice or other behavior
6    that demonstrates incapacity or incompetence to practice
7    under this Act;
8        (13) discipline by another state, District of
9    Columbia, territory, or foreign nation, if at least one of
10    the grounds for the discipline is the same or
11    substantially equivalent to those set forth in this
12    Section;
13        (14) a finding by the Department that the licensee,
14    after having his or her license placed on probationary
15    status, has violated the terms of probation;
16        (15) willfully making or filing false records or
17    reports in his or her practice, including, but not limited
18    to, false records filed with State agencies or
19    departments;
20        (16) making a material misstatement in furnishing
21    information to the Department or otherwise making
22    misleading, deceptive, untrue, or fraudulent
23    representations in violation of this Act or otherwise in
24    the practice of the profession;
25        (17) fraud or misrepresentation in applying for or
26    procuring a license under this Act or in connection with



HB4293 Engrossed- 4 -LRB103 35932 SPS 66019 b

1    applying for renewal of a license under this Act;
2        (18) inability to practice the profession with
3    reasonable judgment, skill, or safety as a result of
4    physical illness, including, but not limited to,
5    deterioration through the aging process, loss of motor
6    skill, or a mental illness or disability;
7        (19) charging for professional services not rendered,
8    including filing false statements for the collection of
9    fees for which services are not rendered;
10        (20) practicing under a false or, except as provided
11    by law, an assumed name; or
12        (21) cheating on or attempting to subvert the
13    licensing examination administered under this Act.
14    All fines shall be paid within 60 days of the effective
15date of the order imposing the fine.
16    (b) A person not licensed under this Act and engaged in the
17business of offering massage therapy services through others,
18shall not aid, abet, assist, procure, advise, employ, or
19contract with any unlicensed person to practice massage
20therapy contrary to any rules or provisions of this Act. A
21person violating this subsection (b) shall be treated as a
22licensee for the purposes of disciplinary action under this
23Section and shall be subject to cease and desist orders as
24provided in Section 90 of this Act.
25    (c) The Department shall revoke any license issued under
26this Act of any person who is convicted of prostitution, rape,



HB4293 Engrossed- 5 -LRB103 35932 SPS 66019 b

1sexual misconduct, or any crime that subjects the licensee to
2compliance with the requirements of the Sex Offender
3Registration Act and any such conviction shall operate as a
4permanent bar in the State of Illinois to practice as a massage
6    (c-5) A prosecuting attorney shall provide notice to the
7Department of the licensed massage therapist's name, address,
8practice address, and license number and a copy of the
9criminal charges filed immediately after a licensed massage
10therapist has been charged with any of the following offenses:
11        (1) an offense for which the sentence includes
12    registration as a sex offender;
13        (2) involuntary sexual servitude of a minor;
14        (3) the crime of battery against a patient, including
15    any offense based on sexual conduct or sexual penetration,
16    in the course of patient care or treatment; or
17        (4) a forcible felony.
18    If the victim of the crime the licensee has been charged
19with is a patient of the licensee, the prosecuting attorney
20shall also provide notice to the Department of the patient's
22    Within 5 business days after receiving notice from the
23prosecuting attorney of the filing of criminal charges against
24the licensed massage therapist, the Secretary shall issue an
25administrative order that the licensed massage therapist shall
26practice only with a chaperone during all patient encounters



HB4293 Engrossed- 6 -LRB103 35932 SPS 66019 b

1pending the outcome of the criminal proceedings. The chaperone
2shall be a licensed massage therapist or other health care
3worker licensed by the Department. The administrative order
4shall specify any other terms or conditions deemed appropriate
5by the Secretary. The chaperone shall provide written notice
6to all of the licensed massage therapist's patients explaining
7the Department's order to use a chaperone. Each patient shall
8sign an acknowledgment that they received the notice. The
9notice to the patient of criminal charges shall include, in
1014-point font, the following statement: "The massage therapist
11is presumed innocent until proven guilty of the charges.".
12    The licensed massage therapist shall provide a written
13plan of compliance with the administrative order that is
14acceptable to the Department within 5 business days after
15receipt of the administrative order. Failure to comply with
16the administrative order, failure to file a compliance plan,
17or failure to follow the compliance plan shall subject the
18licensed massage therapist to temporary suspension of his or
19her license until the completion of the criminal proceedings.
20    If the licensee is not convicted of the charge or if any
21conviction is later overturned by a reviewing court, the
22administrative order shall be vacated and removed from the
23licensee's record.
24    The Department may adopt rules to implement this
26    (d) The Department may refuse to issue or may suspend the



HB4293 Engrossed- 7 -LRB103 35932 SPS 66019 b

1license of any person who fails to file a tax return, to pay
2the tax, penalty, or interest shown in a filed tax return, or
3to pay any final assessment of tax, penalty, or interest, as
4required by any tax Act administered by the Illinois
5Department of Revenue, until such time as the requirements of
6the tax Act are satisfied in accordance with subsection (g) of
7Section 2105-15 of the Civil Administrative Code of Illinois.
8    (e) (Blank).
9    (f) In cases where the Department of Healthcare and Family
10Services has previously determined that a licensee or a
11potential licensee is more than 30 days delinquent in the
12payment of child support and has subsequently certified the
13delinquency to the Department, the Department may refuse to
14issue or renew or may revoke or suspend that person's license
15or may take other disciplinary action against that person
16based solely upon the certification of delinquency made by the
17Department of Healthcare and Family Services in accordance
18with item (5) of subsection (a) of Section 2105-15 of the Civil
19Administrative Code of Illinois.
20    (g) The determination by a circuit court that a licensee
21is subject to involuntary admission or judicial admission, as
22provided in the Mental Health and Developmental Disabilities
23Code, operates as an automatic suspension. The suspension will
24end only upon a finding by a court that the patient is no
25longer subject to involuntary admission or judicial admission
26and the issuance of a court order so finding and discharging



HB4293 Engrossed- 8 -LRB103 35932 SPS 66019 b

1the patient.
2    (h) In enforcing this Act, the Department or Board, upon a
3showing of a possible violation, may compel an individual
4licensed to practice under this Act, or who has applied for
5licensure under this Act, to submit to a mental or physical
6examination, or both, as required by and at the expense of the
7Department. The Department or Board may order the examining
8physician to present testimony concerning the mental or
9physical examination of the licensee or applicant. No
10information shall be excluded by reason of any common law or
11statutory privilege relating to communications between the
12licensee or applicant and the examining physician. The
13examining physicians shall be specifically designated by the
14Board or Department. The individual to be examined may have,
15at his or her own expense, another physician of his or her
16choice present during all aspects of this examination. The
17examination shall be performed by a physician licensed to
18practice medicine in all its branches. Failure of an
19individual to submit to a mental or physical examination, when
20directed, shall result in an automatic suspension without
22    A person holding a license under this Act or who has
23applied for a license under this Act who, because of a physical
24or mental illness or disability, including, but not limited
25to, deterioration through the aging process or loss of motor
26skill, is unable to practice the profession with reasonable



HB4293 Engrossed- 9 -LRB103 35932 SPS 66019 b

1judgment, skill, or safety, may be required by the Department
2to submit to care, counseling, or treatment by physicians
3approved or designated by the Department as a condition, term,
4or restriction for continued, reinstated, or renewed licensure
5to practice. Submission to care, counseling, or treatment as
6required by the Department shall not be considered discipline
7of a license. If the licensee refuses to enter into a care,
8counseling, or treatment agreement or fails to abide by the
9terms of the agreement, the Department may file a complaint to
10revoke, suspend, or otherwise discipline the license of the
11individual. The Secretary may order the license suspended
12immediately, pending a hearing by the Department. Fines shall
13not be assessed in disciplinary actions involving physical or
14mental illness or impairment.
15    In instances in which the Secretary immediately suspends a
16person's license under this Section, a hearing on that
17person's license must be convened by the Department within 15
18days after the suspension and completed without appreciable
19delay. The Department and Board shall have the authority to
20review the subject individual's record of treatment and
21counseling regarding the impairment to the extent permitted by
22applicable federal statutes and regulations safeguarding the
23confidentiality of medical records.
24    An individual licensed under this Act and affected under
25this Section shall be afforded an opportunity to demonstrate
26to the Department or Board that he or she can resume practice



HB4293 Engrossed- 10 -LRB103 35932 SPS 66019 b

1in compliance with acceptable and prevailing standards under
2the provisions of his or her license.
3(Source: P.A. 102-20, eff. 1-1-22.)
4    Section 99. Effective date. This Act takes effect upon
5becoming law.