Illinois General Assembly - Full Text of HB4293
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Full Text of HB4293  103rd General Assembly


Rep. Bob Morgan

Filed: 2/22/2024





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2    AMENDMENT NO. ______. Amend House Bill 4293 by replacing
3everything after the enacting clause with the following:
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7    (Section scheduled to be repealed on January 1, 2027)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;



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



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1    has reason to know that he or she is not competent to
2    perform;
3        (9) knowingly delegating professional
4    responsibilities to a person unqualified by training,
5    experience, or licensure to perform;
6        (10) failing to provide information in response to a
7    written request made by the Department within 60 days;
8        (11) having a habitual or excessive use of or
9    addiction to alcohol, narcotics, stimulants, or any other
10    chemical agent or drug which results in the inability to
11    practice with reasonable judgment, skill, or safety;
12        (12) having a pattern of practice or other behavior
13    that demonstrates incapacity or incompetence to practice
14    under this Act;
15        (13) discipline by another state, District of
16    Columbia, territory, or foreign nation, if at least one of
17    the grounds for the discipline is the same or
18    substantially equivalent to those set forth in this
19    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
26    departments;



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



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1therapy contrary to any rules or provisions of this Act. A
2person violating this subsection (b) shall be treated as a
3licensee for the purposes of disciplinary action under this
4Section and shall be subject to cease and desist orders as
5provided in Section 90 of this Act.
6    (c) The Department shall revoke any license issued under
7this Act of any person who is convicted of prostitution, rape,
8sexual misconduct, or any crime that subjects the licensee to
9compliance with the requirements of the Sex Offender
10Registration Act and any such conviction shall operate as a
11permanent bar in the State of Illinois to practice as a massage
13    (c-5) A prosecuting attorney shall provide notice to the
14Department of the licensed massage therapist's name, address,
15practice address, and license number and a copy of the
16criminal charges filed immediately after a licensed massage
17therapist has been charged with any of the following offenses:
18        (1) an offense for which the sentence includes
19    registration as a sex offender;
20        (2) involuntary sexual servitude of a minor;
21        (3) the crime of battery against a patient, including
22    any offense based on sexual conduct or sexual penetration,
23    in the course of patient care or treatment; or
24        (4) a forcible felony.
25    If the victim of the crime the licensee has been charged
26with is a patient of the licensee, the prosecuting attorney



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1shall also provide notice to the Department of the patient's
3    Within 5 business days after receiving notice from the
4prosecuting attorney of the filing of criminal charges against
5the licensed massage therapist, the Secretary shall issue an
6administrative order that the licensed massage therapist shall
7practice only with a chaperone during all patient encounters
8pending the outcome of the criminal proceedings. The chaperone
9shall be a licensed massage therapist or other health care
10worker licensed by the Department. The administrative order
11shall specify any other terms or conditions deemed appropriate
12by the Secretary. The chaperone shall provide written notice
13to all of the licensed massage therapist's patients explaining
14the Department's order to use a chaperone. Each patient shall
15sign an acknowledgment that they received the notice. The
16notice to the patient of criminal charges shall include, in
1714-point font, the following statement: "The massage therapist
18is presumed innocent until proven guilty of the charges.".
19    The licensed massage therapist shall provide a written
20plan of compliance with the administrative order that is
21acceptable to the Department within 5 business days after
22receipt of the administrative order. Failure to comply with
23the administrative order, failure to file a compliance plan,
24or failure to follow the compliance plan shall subject the
25licensed massage therapist to temporary suspension of his or
26her license until the completion of the criminal proceedings.



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1    If the licensee is not convicted of the charge or if any
2conviction is later overturned by a reviewing court, the
3administrative order shall be vacated and removed from the
4licensee's record.
5    The Department may adopt rules to implement this
7    (d) The Department may refuse to issue or may suspend the
8license of any person who fails to file a tax return, to pay
9the tax, penalty, or interest shown in a filed tax return, or
10to pay any final assessment of tax, penalty, or interest, as
11required by any tax Act administered by the Illinois
12Department of Revenue, until such time as the requirements of
13the tax Act are satisfied in accordance with subsection (g) of
14Section 2105-15 of the Civil Administrative Code of Illinois.
15    (e) (Blank).
16    (f) In cases where the Department of Healthcare and Family
17Services has previously determined that a licensee or a
18potential licensee is more than 30 days delinquent in the
19payment of child support and has subsequently certified the
20delinquency to the Department, the Department may refuse to
21issue or renew or may revoke or suspend that person's license
22or may take other disciplinary action against that person
23based solely upon the certification of delinquency made by the
24Department of Healthcare and Family Services in accordance
25with item (5) of subsection (a) of Section 2105-15 of the Civil
26Administrative Code of Illinois.



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1    (g) The determination by a circuit court that a licensee
2is subject to involuntary admission or judicial admission, as
3provided in the Mental Health and Developmental Disabilities
4Code, operates as an automatic suspension. The suspension will
5end only upon a finding by a court that the patient is no
6longer subject to involuntary admission or judicial admission
7and the issuance of a court order so finding and discharging
8the patient.
9    (h) In enforcing this Act, the Department or Board, upon a
10showing 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,
22at his or her own expense, another physician of his or her
23choice present during all aspects of this examination. The
24examination shall be performed by a physician licensed to
25practice medicine in all its branches. Failure of an
26individual to submit to a mental or physical examination, when



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1directed, shall result in an automatic suspension without
3    A person holding a license under this Act or who has
4applied for a license under this Act who, because of a physical
5or mental illness or disability, including, but not limited
6to, deterioration through the aging process or loss of motor
7skill, is unable to practice the profession with reasonable
8judgment, skill, or safety, may be required by the Department
9to submit to care, counseling, or treatment by physicians
10approved or designated by the Department as a condition, term,
11or restriction for continued, reinstated, or renewed licensure
12to practice. Submission to care, counseling, or treatment as
13required by the Department shall not be considered discipline
14of a license. If the licensee refuses to enter into a care,
15counseling, or treatment agreement or fails to abide by the
16terms of the agreement, the Department may file a complaint to
17revoke, suspend, or otherwise discipline the license of the
18individual. The Secretary may order the license suspended
19immediately, pending a hearing by the Department. Fines shall
20not be assessed in disciplinary actions involving physical or
21mental illness or impairment.
22    In instances in which the Secretary immediately suspends a
23person's license under this Section, a hearing on that
24person's license must be convened by the Department within 15
25days after the suspension and completed without appreciable
26delay. The Department and Board shall have the authority to



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1review the subject individual's record of treatment and
2counseling regarding the impairment to the extent permitted by
3applicable federal 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
7to the Department or Board that he or she can resume practice
8in compliance with acceptable and prevailing standards under
9the provisions of his or her license.
10(Source: P.A. 102-20, eff. 1-1-22.)
11    Section 99. Effective date. This Act takes effect upon
12becoming law.".