There is a newer version of the Illinois Compiled Statutes
2005 Illinois Code - Chapter 225 Professions And Occupations 225 ILCS 57/ Massage Licensing Act.
(225 ILCS 57/1)
(Section scheduled to be repealed on January 1, 2012)
Sec. 1.
Short title.
This Act may be cited as the Massage Licensing Act.
(Source: P.A. 92‑860, eff. 6‑1‑03.)
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(225 ILCS 57/5)
(Section scheduled to be repealed on January 1, 2012)
Sec. 5.
Declaration of public policy.
The practice of massage therapy is
hereby
declared to affect the public health, safety, and welfare and to be subject to
regulation in the
public interest. The purpose of this Act is to protect and benefit the public
by setting standards
of qualifications, education, training, and experience for those who seek to
practice massage
therapy, to promote high standards of professional performance for those
licensed to practice
massage therapy in the State of Illinois, and to protect the public from
unprofessional conduct by
persons licensed to practice massage therapy.
(Source: P.A. 92‑860, eff. 6‑1‑03.)
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(225 ILCS 57/10)
(Section scheduled to be repealed on January 1, 2012)
Sec. 10.
Definitions.
As used in this Act:
"Approved massage school" means a facility which meets minimum
standards for training and curriculum as determined by the Department.
"Board" means the Massage Licensing Board appointed by the
Director.
"Compensation" means the payment, loan, advance, donation, contribution,
deposit, or
gift of money or anything of value.
"Department" means the Department of Professional Regulation.
"Director" means the Director of Professional Regulation.
"Massage" or "massage therapy" means a system of structured palpation or
movement of the soft tissue of the body. The system may include, but is
not limited to, techniques such as effleurage or stroking and gliding,
petrissage or kneading, tapotement or percussion, friction, vibration,
compression, and stretching activities as they pertain to
massage therapy. These techniques may be applied by a licensed massage
therapist
with or without the aid of lubricants, salt or herbal preparations,
hydromassage, thermal massage, or a massage device that mimics or enhances the
actions possible by human hands.
The purpose of the practice of massage, as licensed under this Act, is to
enhance the general
health and well‑being of the mind and body of the recipient. "Massage"
does not include the
diagnosis of a specific
pathology. "Massage" does not include those acts of physical therapy or
therapeutic or corrective measures that are outside the scope of massage
therapy practice as defined in this Section.
"Massage therapist" means a person who is licensed by the
Department
and administers massage for compensation.
"Professional massage or bodywork therapy association" means a
state or
nationally chartered organization that is devoted to the massage specialty and
therapeutic approach and
meets the following requirements:
(1) The organization requires that its members meet | ||
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(2) The organization has an established code of | ||
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(Source: P.A. 92‑860, eff. 6‑1‑03; 93‑524, eff. 8‑12‑03.)
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(225 ILCS 57/15)
(Section scheduled to be repealed on January 1, 2012)
Sec. 15. Licensure requirements.
(a) Beginning January 1, 2005,
persons
engaged in massage for
compensation
must be licensed by the Department. The Department shall issue a license to
an individual who meets all of the following requirements:
(1) The applicant has applied in writing on the | ||
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(2) The applicant is at least 18 years of age and of | ||
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(3) The applicant has met one of the following | ||
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(A) has successfully completed the curriculum or | ||
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(B) holds a current license from another | ||
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(C) has moved to Illinois from a jurisdiction | ||
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(b) Each applicant for licensure as a massage therapist | ||
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(Source: P.A. 92‑860, eff. 6‑1‑03; 93‑524, eff. 8‑12‑03; 93‑908, eff. 8‑11‑04.)
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(225 ILCS 57/20)
(Section scheduled to be repealed on January 1, 2012)
Sec. 20. Grandfathering provision.
(a) For a period of one year after the effective date of the rules adopted
under this Act, the
Department may issue a license to an individual who, in addition to meeting the
requirements set forth in paragraphs (1) and (2) of subsection (a) and subsection (b) of Section 15, produces
proof that he or she has met at least one of the following requirements before
the effective date of this Act:
(1) has been an active member, for a period of at | ||
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(2) has passed the National Certification Exam of | ||
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(3) has practiced massage therapy an average of at | ||
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(4) has practiced massage therapy an average of at | ||
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(b) An applicant who can show proof of having engaged in the
practice of
massage therapy
for at least 10 hours per week for a minimum of one year prior to the effective
date of this Act and has less than 100
hours of formal training or has been practicing for less than one year with
100
hours of formal training must
complete at least 100 additional hours of formal
training consisting of at least 25 hours in anatomy and physiology by January
1, 2005.
(c) An applicant who has training from another state or country may
qualify for a license under subsection (a)
by showing proof
of meeting the
requirements of that state or country and demonstrating that those requirements
are substantially the same as the
requirements in this Section.
(d) For purposes of this Section, "formal training" means a massage therapy
curriculum approved by
the Illinois State Board of Education
or the Illinois Board of Higher Education or
course work provided by continuing education sponsors approved by the
Department.
(Source: P.A. 92‑860, eff. 6‑1‑03; 93‑524, eff. 8‑12‑03; 93‑908, eff. 8‑11‑04.)
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(225 ILCS 57/25)
(Section scheduled to be repealed on January 1, 2012)
Sec. 25.
Exemptions.
(a) This Act does not prohibit a person licensed
under any other Act
in this State
from
engaging in the practice for which he or she is licensed.
(b) Persons exempted under this Section include, but are not limited to,
physicians,
podiatrists, naprapaths, and physical therapists.
(c) Nothing in this Act prohibits qualified members of other
professional groups,
including but not limited to nurses, occupational therapists,
cosmetologists, and
estheticians, from performing massage in a manner consistent with their
training and the
code of ethics of their respective professions.
(d) Nothing in this Act prohibits a student of an approved massage
school or
program from performing massage, provided that the student does not hold
himself or herself out
as a licensed massage therapist and does not charge a fee for massage therapy
services.
(e) Nothing in this Act prohibits practitioners that do not involve
intentional soft tissue manipulation, including but not limited to Alexander
Technique, Feldenkrais, Reike, and Therapeutic Touch, from practicing.
(f) Practitioners of certain service marked bodywork approaches that do
involve intentional soft tissue manipulation, including but not limited to
Rolfing, Trager Approach, Polarity Therapy, and Orthobionomy, are exempt from
this Act if they are approved by their governing body based on a minimum level
of training, demonstration of competency, and adherence to ethical standards.
(g) Practitioners of Asian bodywork approaches are exempt from this Act if
they are members of the American Organization of Bodywork Therapies of Asia as
certified practitioners or if they are approved by an Asian bodywork
organization based on a minimum level of training, demonstration of competency,
and adherence to ethical standards set by their governing body.
(h) Practitioners of other forms of bodywork who restrict manipulation of
soft tissue to the feet, hands, and ears, and who do not have the client
disrobe, such as reflexology, are exempt from this Act.
(i) Nothing in this Act applies to massage therapists from other states or
countries when providing educational programs or services for a period not
exceeding 30 days within a calendar year.
(j) Nothing in this Act prohibits a person from treating ailments by
spiritual means through prayer alone in accordance with the tenets and
practices of a recognized church or religious denomination.
(Source: P.A. 92‑860, eff. 6‑1‑03.)
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(225 ILCS 57/30)
(Section scheduled to be repealed on January 1, 2012)
Sec. 30.
Title protection.
(a) Persons regulated by this Act are designated as massage therapists
and
therefore
are exclusively entitled to utilize the terms "massage", "massage therapy", and
"massage therapist" when advertising or printing
promotional material.
(b) Anyone who knowingly aids and abets one or more persons not authorized
to
use a
professional title regulated by this Act or knowingly employs persons not
authorized to use the
regulated professional title in the course of their employment, commits a
violation of this Act.
(c) Anyone not authorized, under the definitions of this Act, to utilize the
term
"massage", "massage therapy", or "massage therapist" and who knowingly utilizes
these terms when advertising
commits a violation
of this Act.
(Source: P.A. 92‑860, eff. 6‑1‑03.)
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(225 ILCS 57/35)
(Section scheduled to be repealed on January 1, 2012)
Sec. 35.
Massage Licensing Board.
(a) The Director shall appoint a Massage Licensing Board, which shall serve
in
an
advisory capacity to the Director. The Board shall consist of 7 members, of
whom 6 shall be
massage therapists with at least 3 years of experience in massage.
One of the
massage therapist members shall represent a massage therapy school from the
private sector and one of the massage therapist members shall represent a
massage therapy school from the public sector. One member
of the Board
shall be a member of the public who is not licensed under this Act or a similar
Act in Illinois or
another jurisdiction.
Membership on the Board shall reasonably reflect the
various massage therapy and non‑exempt
bodywork organizations. Membership on the Board shall reasonably reflect the
geographic areas
of the State.
(b) Members shall be appointed to a 3‑year term, except that initial
appointees
shall serve the
following terms: 2 members shall serve
for one year, 2 members shall serve for
2 years, and 3
members shall serve for 3 years. A member whose term has expired shall
continue to
serve until his
or her successor is appointed. No member shall be reappointed to the Board for
a term that
would cause his or her continuous service on the Board to exceed 9 years.
Appointments to fill
vacancies shall be made in the same manner as the original appointments for the
unexpired
portion of the vacated term.
(c) The members of the Board are entitled to receive compensation
for all
legitimate and necessary expenses incurred while attending Board and Department
meetings.
(d) Members of the Board shall be immune from suit in any action based upon
any
disciplinary proceedings or other activities performed in good faith as members
of the Board.
(e) The Director shall consider the recommendations of the Board on
questions
involving the
standards of professional conduct, discipline, and qualifications of candidates
and licensees
under this Act. Nothing shall limit the ability of the Board to provide
recommendations to the
Director in regard to any matter affecting the administration of this Act. The
Director shall give
due consideration to all recommendations of the Board. If the Director takes
action contrary to a
recommendation of the Board, the Director shall provide
a written
explanation of that
action.
(f) The Director may terminate the appointment of any member for cause
which, in the opinion of the Director reasonably justifies termination, which
may
include, but is not limited to, a Board member who does not attend 2
consecutive meetings.
(Source: P.A. 92‑860, eff. 6‑1‑03; 93‑524, eff. 8‑12‑03.)
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(225 ILCS 57/40)
(Section scheduled to be repealed on January 1, 2012)
Sec. 40.
Duties of the Department.
Subject to provisions of this Act,
the Department shall:
(1) Formulate rules required for the administration | ||
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(2) Determine the qualifications of an applicant for | ||
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(3) Conduct hearings or proceedings to refuse to | ||
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(4) Solicit the advice and expert knowledge of the | ||
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(5) Maintain a roster of the names and addresses of | ||
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(Source: P.A. 92‑860, eff. 6‑1‑03.)
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(225 ILCS 57/45)
(Section scheduled to be repealed on January 1, 2012)
Sec. 45.
Grounds for discipline.
(a) The Department may refuse to issue or renew, or may revoke, suspend,
place
on
probation, reprimand, or take other disciplinary action, as the Department
considers appropriate,
including the imposition of fines not to exceed $1,000 for each violation, with
regard to any license or licensee
for any one or more of the following:
(1) being convicted of any crime under the laws of | ||
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(2) advertising in a false, deceptive, or misleading | ||
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(3) aiding, assisting, procuring, or advising any | ||
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(4) engaging in immoral conduct in the commission of | ||
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(5) engaging in dishonorable, unethical, or | ||
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(6) practicing or offering to practice beyond the | ||
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(7) knowingly delegating professional | ||
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(8) failing to provide information in response to a | ||
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(9) having a habitual or excessive use of or | ||
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(10) having a pattern of practice or other behavior | ||
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(11) making a material misstatement in furnishing | ||
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(12) making any misrepresentation for the purpose of | ||
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(13) having a physical illness, including but not | ||
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(b) The Department may refuse to issue or may suspend the license of any
person who
fails to file a tax return, to pay the tax, penalty, or interest shown in a
filed
tax return, or to pay any final
assessment of tax, penalty, or interest, as required by any tax Act
administered by the Illinois
Department of Revenue, until such time as the requirements of the tax Act are
satisfied.
(c) The determination by a circuit court that a licensee is
subject
to involuntary admission or judicial admission, as provided in the Mental
Health and
Developmental Disabilities Code, operates as an automatic suspension. The
suspension
will end only upon (i) a finding by a court that the patient is no longer
subject to
involuntary admission or judicial admission and the issuance of a court
order so finding
and discharging the patient and (ii) the recommendation of the Board to
the
Director that the licensee be allowed to resume his or her
practice.
(d) In enforcing this Section, the Department or Board upon a showing of a
possible violation may compel an individual licensed to practice under this
Act, or who
has applied for licensure under this Act, to submit to a mental or physical
examination, or
both, as required by and at the expense of the Department. The Department or
Board may
order the examining physician to present testimony concerning the mental or
physical
examination of the licensee or applicant. No information shall be excluded by
reason of
any common law or statutory privilege relating to communications between the
licensee
or applicant and the examining physician. The examining physicians shall be
specifically
designated by the Board or Department. The individual to be examined may have,
at his
or her own expense, another physician of his or her choice present during all aspects of
this examination. The examination shall be performed by a physician licensed
to practice
medicine in all its branches. Failure of an individual to submit to a mental
or physical
examination, when directed, shall be grounds for suspension of his or her
license until the
individual submits to the examination if the Department finds, after notice and
hearing,
that the refusal to submit to the examination was without reasonable cause.
If the Department or Board finds an individual unable to practice because of
the
reasons set forth in this Section, the Department or Board may require that
individual to
submit to care, counseling, or treatment by physicians approved or designated
by the
Department or Board, as a condition, term, or restriction for continued,
reinstated, or
renewed licensure to practice; or, in lieu of care, counseling, or treatment,
the Department
may file, or the Board may recommend to the Department to file, a complaint to
immediately suspend, revoke, or otherwise discipline the license of the
individual. An
individual whose license was granted, continued, reinstated, renewed,
disciplined or
supervised subject to such terms, conditions, or restrictions, and who fails to
comply with
such terms, conditions, or restrictions, shall be referred to the Director for
a determination
as to whether the individual shall have his or her license suspended
immediately, pending
a hearing by the Department.
In instances in which the Director immediately suspends a person's license
under
this Section, a hearing on that person's license must be convened by the
Department
within 15 days after the suspension and completed without appreciable delay.
The
Department and Board shall have the authority to review the subject
individual's record
of treatment and counseling regarding the impairment to the extent permitted by
applicable federal statutes and regulations safeguarding the confidentiality of
medical
records.
An individual licensed under this Act and affected under this Section shall
be
afforded an opportunity to demonstrate to the Department or Board that he or
she can
resume practice in compliance with acceptable and prevailing standards under
the
provisions of his or her license.
(Source: P.A. 92‑860, eff. 6‑1‑03.)
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(225 ILCS 57/50)
(Section scheduled to be repealed on January 1, 2012)
Sec. 50.
Advertising.
It is a misdemeanor for any person, organization,
or corporation to advertise massage services
unless the person providing the service holds a valid license under this Act,
except for those excluded licensed professionals who are allowed to include
massage in their scope of practice.
A massage therapist may not advertise unless he or she has a current license
issued by this State. "Advertise" as used in this Section includes, but is not
limited to, the
issuance of any
card, sign, or device to any person; the causing, permitting, or allowing of
any sign or marking
on or in any building, vehicle, or structure; advertising in any newspaper or
magazine; any listing
or advertising in any directory under a classification or heading that includes
the words
"massage", "massage therapist", "therapeutic massage", or "massage
therapeutic"; or commercials broadcast by any means.
(Source: P.A. 92‑860, eff. 6‑1‑03.)
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(225 ILCS 57/55)
(Section scheduled to be repealed on January 1, 2012)
Sec. 55.
Exclusive jurisdiction.
Beginning January 1, 2005, the
regulation
and licensing of massage
therapy is
an exclusive power and function of the State. Beginning January 1, 2005, a home rule unit may not
regulate or license
massage therapists. This Section is a denial and limitation of home rule
powers and functions
under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 92‑860, eff. 6‑1‑03; 93‑524, eff. 8‑12‑03.)
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(225 ILCS 57/60)
(Section scheduled to be repealed on January 1, 2012)
Sec. 60.
Administrative Procedure Act.
The Illinois Administrative
Procedure Act is hereby expressly adopted and incorporated herein as if all of
the provisions of that Act were included in this Act, except that the provision
of subsection (d) of Section 10‑65 of the Illinois Administrative Procedure Act
that provides that at hearings the licensee has the right to show compliance
with all lawful requirements for retention, continuation, or renewal of the
license is specifically excluded. For the purposes of this Act the notice
required under Section 10‑25 of the Administrative Procedure Act is deemed
sufficient when mailed to the last known address of a party.
(Source: P.A. 92‑860, eff. 6‑1‑03.)
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(225 ILCS 57/65)
(Section scheduled to be repealed on January 1, 2012)
Sec. 65.
Renewal of licenses.
The expiration date and renewal period
for each license issued under this Act
shall be set by rule.
(Source: P.A. 92‑860, eff. 6‑1‑03.)
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(225 ILCS 57/67)
(Section scheduled to be repealed on January 1, 2012)
Sec. 67.
Continuing education.
The Department shall adopt rules for
continuing education for persons licensed under this Act that require a
completion of 24 hours of approved continuing education per license renewal
period. The Department shall establish by rule a means for the verification of
completion of the continuing education required by this Section. This
verification may be accomplished through audits of records maintained by the
licensee, by requiring the filing of continuing education certificates with the
Department, or by other means established by the Department.
(Source: P.A. 92‑860, eff. 6‑1‑03.)
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(225 ILCS 57/70)
(Section scheduled to be repealed on January 1, 2012)
Sec. 70.
Restoration of expired licenses.
A massage
therapist who has permitted his or her license to expire
or who has
had his or her license on inactive status may have his or her license
restored by making
application to the Department and filing proof acceptable to the Department
of his or her fitness to have his or her license restored, including
sworn evidence
certifying to active practice in another jurisdiction satisfactory to the
Department, and by paying the required restoration fee and showing proof of
completion of required continuing education. Licensees must provide
proof of completion of 24 hours approved continuing education to renew their
license.
If the massage therapist
has not
maintained an active practice in another jurisdiction satisfactory to the
Department, the Board shall determine, by an evaluation program
established by rule his or her fitness to resume active status and may
require the massage therapist
to complete
a period of evaluated clinical experience and may require successful
completion of an examination.
A massage therapist whose license
has been expired or placed on inactive status for more than 5 years may have
his or her license restored by making
application
to the Department and filing proof acceptable to the Department of his or
her
fitness to have his or her license restored, including sworn evidence
certifying
to active practice in another jurisdiction, by paying the required
restoration fee, and by showing proof of the completion of 24 hours of
continuing education.
However, a massage therapist
whose
license has expired while he or she has been engaged (i) in
active duty with the Army of the United States, the United States Navy, the
Marine Corps, the Air Force, the Coast Guard, or the State Militia called
into the service or training of the United States of America, or (ii) in
training or education under the supervision of the United States
preliminary to induction into the military service, may have his or her license
restored without paying any lapsed renewal fees or restoration fee if,
within 2 years after termination of the service, training, or education,
other than by dishonorable discharge, he or she furnishes the Department with
an
affidavit to the effect that he or she has been so engaged and
that his or her service, training, or education has been terminated.
(Source: P.A. 92‑860, eff. 6‑1‑03.)
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(225 ILCS 57/75)
(Section scheduled to be repealed on January 1, 2012)
Sec. 75.
Inactive licenses.
Any massage
therapist who notifies the Department in writing on forms
prescribed by the Department may elect to place his or her license on
inactive status and shall, subject to rules of the Department, be excused
from payment of renewal fees until he or she notifies the Department in
writing of his or her desire to resume active status.
A massage therapist requesting
restoration from inactive status shall be required to pay the current
renewal fee and shall be required to restore his or her license as
provided in Section 70 of this Act.
Any massage therapist whose license
is on inactive status shall not practice massage therapy in the
State, and any practice conducted shall be deemed unlicensed practice.
(Source: P.A. 92‑860, eff. 6‑1‑03.)
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(225 ILCS 57/80)
(Section scheduled to be repealed on January 1, 2012)
Sec. 80.
Fees.
The fees assessed under this Act shall be set by rule.
(Source: P.A. 92‑860, eff. 6‑1‑03.)
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(225 ILCS 57/85)
(Section scheduled to be repealed on January 1, 2012)
Sec. 85.
Deposit of fees and fines; appropriations.
All fees and fines collected under this Act
shall be deposited into the General Professions Dedicated Fund. All moneys in
the Fund shall be used by the Department of Professional Regulation, as
appropriated, for the ordinary and contingent expenses of the Department.
(Source: P.A. 92‑860, eff. 6‑1‑03.)
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(225 ILCS 57/90)
(Section scheduled to be repealed on January 1, 2012)
Sec. 90.
Violations; injunction; cease and desist order.
(a) If
any person violates a provision of this Act, the Director may, in the name
of the People of the State of Illinois, through the Attorney General of
the State of Illinois or the State's Attorney in the county in which the
offense occurs, petition for an order enjoining the violation or
for an order enforcing compliance with this Act. Upon the filing of a verified
petition in court, the court may issue a temporary restraining order,
without notice or bond, and may preliminarily and permanently enjoin the
violation. If it is established that the person has violated or is
violating the injunction, the court may punish the offender for contempt
of court. Proceedings under this Section shall be in addition to, and not
in lieu of, all other remedies and penalties provided by this Act.
(b) If, after January 1, 2005, any person practices as a
massage
therapist
or holds himself or herself out as a massage therapist
without being licensed under the provisions of this Act,
then the Director, any licensed massage therapist, any
interested party, or any person injured thereby may
petition for relief as provided in subsection (a) of this
Section or may apply to the circuit court of the county in which the
violation or some part thereof occurred, or in which the person complained
of has his or her principal place of business or resides, to prevent the
violation. The court has jurisdiction to enforce obedience by injunction or
by other process restricting the person complained of from further
violation and enjoining upon him or her obedience.
(c) Whenever, in the opinion of the Department, a person violates any
provision of this Act, the Department may issue a rule to show cause why
an order to cease and desist should not be entered against him. The rule
shall clearly set forth the grounds relied upon by the Department and shall
provide a period of 7 days from the date of the rule to file an answer to
the satisfaction of the Department. Failure to answer to the satisfaction
of the Department shall cause an order to cease and desist to be issued
immediately.
(Source: P.A. 92‑860, eff. 6‑1‑03; 93‑524, eff. 8‑12‑03.)
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(225 ILCS 57/95)
(Section scheduled to be repealed on January 1, 2012)
Sec. 95.
Investigations; notice and hearing.
The Department may
investigate the actions of any applicant or of any person holding
or claiming to hold a license. The Department shall, before refusing to
issue or renew a license or to discipline a licensee pursuant to Section 45,
notify the applicant or holder of
a license in writing, at least 30 days prior to the date set for the hearing,
of the nature of the charges and that a hearing will be held
on the date designated. The notice shall
direct the applicant or licensee to file a written answer to the Board under
oath within 20 days after the service of the notice, and
shall inform the applicant or licensee that failure to file an answer will
result
in a default judgment being entered against the applicant or licensee. A
default judgment may result
in the license being
suspended, revoked, or placed on probationary status, or other disciplinary
action may be taken, including limiting the scope, nature, or extent of
practice, as the Director may deem proper. Written notice may be served by
personal delivery
or certified or registered mail to the respondent at the address of his or her
last notification to the Department.
In case the person fails to file an answer after receiving notice, his or
her license or certificate may, in the discretion of the Department, be
suspended, revoked, or placed on probationary status and the Department may
take whatever disciplinary action it deems proper, including limiting the
scope, nature, or extent of the person's practice or the imposition of a
fine, without a hearing, if the act or acts charged constitute sufficient
grounds for that action under this Act.
At the time and place fixed in the
notice, the Board shall proceed to hear the charges and the parties
or their counsel shall be accorded ample opportunity to present
statements,
testimony, evidence and argument that may be pertinent to the charges or to
the licensee's defense. The Board may continue a hearing from time to time.
(Source: P.A. 92‑860, eff. 6‑1‑03.)
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(225 ILCS 57/100)
(Section scheduled to be repealed on January 1, 2012)
Sec. 100.
Stenographer; transcript.
The Department, at its expense,
shall preserve a record of all proceedings at the formal hearing of any
case involving the refusal to issue or renew a license or
the
discipline of a licensee.
The notice of hearing, complaint and all other documents in the nature of
pleadings and written motions filed in the proceedings, the transcript of
testimony, the report of the Board, and the order of the Department shall
be the record of the proceeding.
(Source: P.A. 92‑860, eff. 6‑1‑03.)
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(225 ILCS 57/105)
(Section scheduled to be repealed on January 1, 2012)
Sec. 105.
Compelling testimony.
Any circuit court, upon application
of the Department or its designee or of the applicant or licensee against whom
proceedings pursuant to Section 95 of this Act are pending, may enter an order
requiring the attendance of witnesses and their testimony and the production
of documents, papers, files, books, and records in connection with any hearing
or investigation. The court may compel obedience to its order by proceedings
for contempt.
(Source: P.A. 92‑860, eff. 6‑1‑03.)
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(225 ILCS 57/110)
(Section scheduled to be repealed on January 1, 2012)
Sec. 110.
Findings and recommendations.
At the conclusion of the
hearing,
the Board shall present to the Director a written report of its findings
and recommendations. The report shall contain a finding of whether or not
the accused person violated this Act or failed to comply with the conditions
required in this Act. The Board shall specify the nature of the violation
or failure to comply and shall make its recommendations to the Director.
The report of findings and recommendations of the Board shall be the
basis for the Department's order or refusal or for the granting of a license
unless the Director shall determine that the Board's report
is contrary to the manifest weight of the evidence, in which case the Director
may issue an order in contravention of the Board's report. The finding
is not admissible in evidence against the person in a criminal prosecution
brought for the violation of this Act, but the hearing and finding are not
a bar to a criminal prosecution brought for the violation of this Act.
(Source: P.A. 92‑860, eff. 6‑1‑03.)
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(225 ILCS 57/115)
(Section scheduled to be repealed on January 1, 2012)
Sec. 115.
Rehearing.
In any case involving the refusal to issue or renew
a license
or discipline of a licensee, a copy of the Board's report shall be served
upon the respondent by the Department, either personally or as provided
in this Act for the service of the notice of hearing. Within 20 days after
service, the respondent may present to the Department a motion,
in writing and specifying particular grounds,
for a rehearing.
If no motion for rehearing is filed, then upon the expiration of the time
specified for filing the motion, or if a motion for rehearing is denied,
then upon the denial, the Director may enter an order in accordance with
recommendations of the Board, except as provided in Section 110
of this Act. If the respondent shall order from the reporting service and
pay for a transcript of the record within the time for filing a motion for
rehearing, the 20 day period within which the motion may be filed shall
commence upon the delivery of the transcript to the respondent.
(Source: P.A. 92‑860, eff. 6‑1‑03.)
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(225 ILCS 57/120)
(Section scheduled to be repealed on January 1, 2012)
Sec. 120.
Director; rehearing.
Whenever the Director is satisfied
that substantial justice has not been done in the revocation, suspension,
or refusal to issue or renew a license, the Director may order a rehearing
by the same or other examiners.
(Source: P.A. 92‑860, eff. 6‑1‑03.)
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(225 ILCS 57/125)
(Section scheduled to be repealed on January 1, 2012)
Sec. 125.
Appointment of a hearing officer.
The Director shall have
the authority to appoint any attorney duly licensed to practice law in this
State to serve as the hearing officer in any action for refusal
to issue or renew a license or permit or for the discipline of a licensee.
The hearing officer
shall have full authority to conduct the hearing. At least one member of the
Board shall attend each hearing. The hearing officer shall
report his or her findings and recommendations to the Board and the Director.
The Board shall have 60 days after receipt of the report to review the
report of the hearing officer and present its findings of fact, conclusions
of law, and recommendations to the Director. If the Board fails to present
its report within the 60‑day period, the Director shall issue an order based
on the report of the hearing officer. If the Director determines that the
Board's report is contrary to the manifest weight of the evidence, he or she
may issue an order in contravention of the Board's report.
(Source: P.A. 92‑860, eff. 6‑1‑03.)
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(225 ILCS 57/130)
(Section scheduled to be repealed on January 1, 2012)
Sec. 130.
Order or certified copy; prima facie proof.
An order or a certified copy thereof, over the seal of the Department and
purporting to be signed by the Director, shall be prima facie proof that:
(1) the signature is the genuine signature of the | ||
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(2) the Director is duly appointed and qualified;
and
(3) the Board and the members of the Board are | ||
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(Source: P.A. 92‑860, eff. 6‑1‑03.)
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(225 ILCS 57/135)
(Section scheduled to be repealed on January 1, 2012)
Sec. 135.
Restoration of suspended or revoked license.
At any time
after the suspension or revocation of a license, the Department may restore
it to the accused person upon the written recommendation of the Board,
unless after an investigation and a hearing, the Board determines that
restoration is not in the public interest.
(Source: P.A. 92‑860, eff. 6‑1‑03.)
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(225 ILCS 57/140)
(Section scheduled to be repealed on January 1, 2012)
Sec. 140.
Surrender of license.
Upon the revocation or suspension
of any license, the licensee shall surrender the license
to the Department and, if the licensee fails to do so, the Department
shall have the right to seize the license.
(Source: P.A. 92‑860, eff. 6‑1‑03.)
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(225 ILCS 57/145)
(Section scheduled to be repealed on January 1, 2012)
Sec. 145.
Temporary suspension of a license.
The Director may
temporarily suspend the license of a massage therapist
without a hearing, simultaneously with the institution
of proceedings for a hearing provided for in Section 95 of this Act, if the
Director finds that the evidence in his or her possession indicates that
continuation in practice
would constitute an imminent danger to the public. In the event that the
Director temporarily suspends the license of a massage therapist
without a hearing, a hearing by the Board must be held within 30 calendar days
after the suspension has occurred.
(Source: P.A. 92‑860, eff. 6‑1‑03.)
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(225 ILCS 57/150)
(Section scheduled to be repealed on January 1, 2012)
Sec. 150.
Administrative review; venue.
All final administrative
decisions of the Department are subject to judicial review pursuant to the
Administrative Review Law and its rules. The term "administrative decision" is
defined as in Section 3‑101 of the Code of Civil Procedure.
Proceedings for judicial review shall be commenced in the circuit court
of the county in which the party applying for relief resides; but if the
party is not a resident of this State, the venue shall be in Sangamon County.
The Department shall not be required to certify any record to the court
or file any answer in court or otherwise appear in any court in a judicial
review proceeding, unless there is filed in the court, with the complaint,
a receipt from the Department acknowledging payment of the costs of
furnishing and certifying the record. Failure on the part of the
plaintiff to file a receipt in court shall be grounds for dismissal of the
action.
(Source: P.A. 92‑860, eff. 6‑1‑03.)
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(225 ILCS 57/155)
(Section scheduled to be repealed on January 1, 2012)
Sec. 155.
Violations.
A person who is found to have violated any
provision of this Act is guilty of a Class A misdemeanor for the first
offense and a Class 4 felony for the second and any subsequent offense.
(Source: P.A. 92‑860, eff. 6‑1‑03.)
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(225 ILCS 57/160)
(Section scheduled to be repealed on January 1, 2012)
Sec. 160.
Returned checks; fines.
Any person who delivers a check or other payment to the Department that
is returned to the Department unpaid by the financial institution upon
which it is drawn shall pay to the Department, in addition to the amount
already owed to the Department, a fine of $50. The fines imposed by this Section are in addition
to any other discipline provided under this Act for unlicensed
practice or practice on a nonrenewed license. The Department shall notify
the person that payment of fees and fines shall be paid to the Department
by certified check or money order within 30 calendar days of the
notification. If, after the expiration of 30 days from the date of the
notification, the person has failed to submit the necessary remittance, the
Department shall automatically terminate the license or deny
the application, without hearing. If, after termination or denial, the
person seeks a license, he or she shall apply to the
Department for restoration or issuance of the license and
pay all fees and fines due to the Department. The Department may establish
a fee for the processing of an application for restoration of a license
to pay all expenses of processing this application. The Director
may waive the fines due under this Section in individual cases where the
Director finds that the fines would be unreasonable or unnecessarily
burdensome.
(Source: P.A. 92‑860, eff. 6‑1‑03; 93‑524, eff. 8‑12‑03.)
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(225 ILCS 57/165)
(Section scheduled to be repealed on January 1, 2012)
Sec. 165.
Unlicensed practice; violation; civil penalty.
(a) Any person who practices, offers to practice, attempts to practice, or
holds himself or herself out to practice massage therapy or as a massage
therapist
without being licensed under this Act shall, in
addition to any other penalty provided by law, pay a civil penalty to the
Department in an amount not to exceed $5,000 for each offense as determined by
the Department. The civil penalty shall be assessed by the Department after a
hearing is held in accordance with the provisions set forth in this Act
regarding the provision of a hearing for the discipline of a licensee.
(b) The Department has the authority and power to investigate any
unlicensed activity.
(c) The civil penalty shall be paid within 60 days after the effective date
of the order imposing the civil penalty. The order shall constitute a judgment
and may be filed and execution had thereon in the same manner as any judgment
from any court of record.
(Source: P.A. 92‑860, eff. 6‑1‑03.)
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(225 ILCS 57/170)
(Section scheduled to be repealed on January 1, 2012)
Sec. 170.
Severability.
If any provision of this Act or the application
of any provision of this Act to any person or circumstance is held invalid, the
invalidity does not affect other provisions or applications of the Act that can
be given effect without the invalid provision or application, and for this
purpose the provisions of this Act are severable.
(Source: P.A. 92‑860, eff. 6‑1‑03.)
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(225 ILCS 57/950)
Sec. 950.
(Amendatory provisions; text omitted).
(Source: P.A. 92‑860, eff. 6‑1‑03.)
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