Bill Text: IL SB1651 | 2013-2014 | 98th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2015-01-13 - Session Sine Die [SB1651 Detail]

Download: Illinois-2013-SB1651-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 SB1651 Introduced 2/13/2013, by Sen. Iris Y. Martinez SYNOPSIS AS INTRODUCED:
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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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Colon
Hydrotherapist Licensing Act.
Section 5. Declaration of public policy. 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 colon hydrotherapy,
to promote high standards of professional performance for those
licensed to practice colon hydrotherapy in this State, and to
protect the public from unprofessional conduct by persons
licensed to practice colon hydrotherapy.
Section 10. Definitions. As used in this Act:
"Address of record" means the designated address recorded
by the Department in the applicant's or licensee's application
file or license file as maintained by the Department's
licensure maintenance unit. It is the duty of the applicant or
licensee to inform the Department of any change of address and
those changes must be made either through the Department's
website or by contacting the Department.
"Approved colon hydrotherapy school" means a program that

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

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

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

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

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the fee forfeited, and the applicant must reapply and meet the
requirements in effect at the time of reapplication.
Section 30. 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, chiropractors, and naprapaths.
(c) Nothing in this Act prohibits a student of an approved
colon hydrotherapy school or program from performing colon
hydrotherapy, provided that the student does not hold himself
or herself out as a licensed colon hydrotherapist and does not
receive compensation, including tips, for colon hydrotherapy
services.
(d) Nothing in this Act applies to licensed colon
hydrotherapists from other states or countries when providing
educational programs or services for a period not exceeding 30
days within a calendar year.
(e) Nothing in this Act prohibits, restricts, or applies to
persons that do not provide colonic irrigation, colon
hydrotherapy, or colonic services who are practicing within the
broad area of complimentary and alternative health care
practices including, but not limited to, practices of
detoxification, skin brushing, cleansing therapies, techniques
used to stimulate reflex points in the abdomen, hands, and

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feet, the use of dietary supplements or homeopathic remedies,
or encouraging healthy eating choices, lifestyle, and
exercise.
Section 35. Title protection.
(a) Persons regulated by this Act are designated as colon
hydrotherapists. Unless he or she has been issued, by the
Department, a valid, existing license under this Act, no person
may use the title and designation of "colon hydrotherapist" or
the terms "colonic", "colon hydrotherapy", and "colonic
irrigation" 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 this Act to use the term
"colonic", "colon hydrotherapy", or "colonic irrigation" and
who knowingly use these terms when advertising commits a
violation of this Act.
Section 40. Display of license. Every licensee shall
display his or her license or a copy in a conspicuous place in
the licensee's principal place of business or any other
location where the licensee provides colon hydrotherapy
services.

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Section 45. Colon Hydrotherapy Licensing Board.
(a) The Secretary shall appoint a Colon Hydrotherapy
Licensing Board which shall serve in an advisory capacity to
the Secretary. The Board shall consist of 7 members, 6 of whom
shall be colon hydrotherapists with at least 3 years of
experience in colon hydrotherapy and 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 geographic
areas of the State. The Board shall meet annually to elect a
chairperson and vice-chairperson. The Board shall hold
regularly scheduled meetings during the year. A simple majority
of the Board shall constitute a quorum at any meeting. Any
action taken by the Board must be on the affirmative vote of a
simple majority of members. Voting by proxy shall not be
permitted. In the case of an emergency where all Board members
cannot meet in person, the Board may convene a meeting via an
electronic format in accordance with the Open Meetings Act.
(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

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on the Board to exceed 9 years. Appointments to fill a vacancy
shall be made in the same manner as the original appointments.
(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 Secretary shall consider the recommendations of the
Board on questions involving the standards of professional
conduct, discipline, and qualifications of applicants and
licensees under this Act. Nothing shall limit the ability of
the Board to provide recommendations to the Secretary in regard
to any matter affecting the administration of this Act. The
Secretary shall give due consideration to all recommendations
of the Board.
(f) The Secretary may terminate the appointment of any
member for cause, which, in the opinion of the Secretary,
reasonably justifies termination and may include, but is not
limited to, a Board member who does not attend 2 consecutive
meetings.
Section 50. Duties of the Department. The Department shall
exercise the powers and duties prescribed by the Civil
Administrative Code of Illinois for administration of
licensing Acts and shall exercise other powers and duties

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necessary for effectuating the purpose of this Act. The
Department shall adopt rules to implement, interpret, or make
specific the provisions and purposes of this Act. No rules
shall be adopted by the Department until reviewed by the Board.
Section 55. Grounds for discipline.
(a) The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-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) violations of this Act or its rules;
(2) making a material misstatement in an application
for a license or for renewal of a license;
(3) gross or repeated malpractice or failing to
practice colon hydrotherapy with the level of care, skill,
and treatment that is recognized by a reasonably prudent
colon hydrotherapist as being acceptable under similar
conditions and circumstances;
(4) advertising in a false, deceptive, or misleading
manner;
(5) aiding, abetting, assisting, procuring, advising,
employing, or contracting with any unlicensed person to
practice colon hydrotherapy in violation of any rules or
provisions of this Act;

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(6) engaging in immoral conduct in the commission of
any act related to the licensee's practice, including
sexual abuse, sexual misconduct, or sexual exploitation;
(7) engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public;
(8) practicing or offering to practice beyond the scope
permitted by law or accepting and performing professional
responsibilities that the licensee knows or has reason to
know that he or she is not competent to perform;
(9) knowingly delegating professional responsibilities
to a person unqualified by training, experience, or
licensure;
(10) failing to provide information in response within
60 days after a written request made by the Department;
(11) habitual or excessive use or abuse of drugs
defined in law as controlled substances, alcohol, or any
other substances that results in the inability to practice
with reasonable judgment, skill, or safety;
(12) having a pattern of practice or other behavior
that demonstrates incapacity or incompetence to practice
under this Act;
(13) conviction of an offense or discipline that
substantially relates to the practice of colon
hydrotherapy by another state, District of Columbia,
territory, or foreign nation;

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(14) a finding by the Department that the licensee,
after having his or her license placed on probationary
status, has violated the terms of probation;
(15) willfully making or filing false records or
reports in his or her practice, including, but not limited
to, false records filed with State agencies or departments;
(16) making a material misstatement in furnishing
information to the Department or otherwise making
misleading, deceptive, untrue, or fraudulent
representations in violation of this Act or otherwise in
the practice of the profession;
(17) inability to practice the profession with
reasonable judgment, skill, or safety as a result of
physical illness, including, but not limited to,
deterioration through the aging process, loss of motor
skill, or a mental illness or disability;
(18) charging for professional services not rendered
including filing false statements for the collection of
fees for which services are not rendered;
(19) practicing under a false or, except as provided by
law, assumed name;
(20) cheating on or attempting to subvert the licensing
examination administered under this Act; or
(21) engaging in conduct while practicing colon
hydrotherapy that poses an imminent risk of recognizable
and significant physical harm to an individual.

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All fines shall be paid within 60 days after the
effective date of the order imposing the fine.
(b) A person not licensed under this Act and engaged in the
business of offering colon hydrotherapy services through
others, shall not aid, abet, assist, procure, advise, employ,
or contract with any unlicensed person to practice colon
hydrotherapy in violation of any rules or provisions of this
Act. A person violating this subsection (b) shall be treated as
a licensee for the purposes of disciplinary action under this
Section and shall be subject to cease and desist orders as
provided in Section 105 of this Act.
(c) The Department shall revoke any license issued under
this Act of any person who is convicted of prostitution, rape,
sexual misconduct, or any crime that subjects the licensee to
compliance with the requirements of the Sex Offender
Registration Act and any such conviction shall operate as a
permanent bar in this State to practice as a colon
hydrotherapist.
(d) 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 in accordance with subsection (g) of Section
2105-15 of the Department of Professional Regulation Law of the

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Civil Administrative Code of Illinois.
(e) The Department shall deny a license or renewal
authorized by this Act to a person who has defaulted on an
educational loan or scholarship provided or guaranteed by the
Illinois Student Assistance Commission or any governmental
agency of this State in accordance with item (5) of subsection
(g) of Section 2105-15 of the Department of Professional
Regulation Law of the Civil Administrative Code of Illinois.
(f) In cases where the Department of Healthcare and Family
Services has previously determined that a licensee or a
potential licensee is more than 30 days delinquent in the
payment of child support and has subsequently certified the
delinquency to the Department, the Department may refuse to
issue or renew or may revoke or suspend that person's license
or may take other disciplinary action against that person based
solely upon the certification of delinquency made by the
Department of Healthcare and Family Services in accordance with
item (5) of subsection (a) of Section 2105-15 of the Department
of Professional Regulation Law of the Civil Administrative Code
of Illinois.
(g) 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 shall
end only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission

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and the issuance of a court order so finding and discharging
the patient.
(h) In enforcing this Act, 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 the 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 result in
an automatic suspension without hearing.
A person holding a license under this Act or who has
applied for a license under this Act who, because of a physical
or mental illness or disability, including, but not limited to,
deterioration through the aging process or loss of motor skill,
is unable to practice the profession with reasonable judgment,

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skill, or safety, may be required by the Department to submit
to care, counseling, or treatment by physicians approved or
designated by the Department as a condition, term, or
restriction for continued, reinstated, or renewed licensure to
practice. Submission to care, counseling, or treatment as
required by the Department shall not be considered discipline
of a licensee. If the licensee refuses to enter into a care,
counseling, or treatment agreement or fails to abide by the
terms of the agreement, the Department may file a complaint to
revoke or suspend the license or otherwise discipline the
licensee. The Secretary may order the license suspended
immediately, pending a hearing by the Department. Fines shall
not be assessed in disciplinary actions involving physical or
mental illness or impairment.
When the Secretary immediately suspends a person's license
under this Section, a hearing on that person's license shall 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

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compliance with acceptable and prevailing standards under the
provisions of his or her license.
Section 60. Advertising.
(a) It is a Class A misdemeanor for any person,
organization, or corporation to advertise colon hydrotherapy
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 colon hydrotherapy in
their scope of practice. A colon hydrotherapist may not
advertise unless he or she has a current license issued by this
State. "Advertise" as used in this subsection 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 "colonic", "colon hydrotherapist", or
"colon hydrotherapy"; or commercials broadcast by any means.
(b) The colon hydrotherapist shall maintain an absolutely
factual and true representation of the colon hydrotherapy
procedure and profession in any advertising medium.
Advertising under this subsection shall include the license
number in any advertisement. It is a Class A misdemeanor for
any person, organization, or corporation to advertise or imply
that colon hydrotherapy can treat any disease or condition. For

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the purposes of this subsection, "advertising medium" means any
newspaper, airwave or computer transmission, telephone
directory listing other than an in-column listing consisting
only of a name, address, and telephone number, business card,
handbill, flyer, sign other than a building directory listing
all building tenants and their room or suite numbers, or other
form of written advertising.
Section 65. Home rule. The regulation and licensing of
colon hydrotherapy is an exclusive power and function of the
State. A home rule unit may not regulate or license colon
hydrotherapists. 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.
Section 70. Administrative Procedure Act. The Illinois
Administrative Procedure Act shall apply to this Act, except
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 sufficient when mailed to the
party's address of record.

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Section 75. Renewal of licenses. The expiration date and
renewal period for each license issued under this Act shall be
set by rule.
Section 80. Continuing education. The Department shall
adopt rules for continuing education for persons licensed under
this Act that require the completion of 24 hours of approved
continuing education for each 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.
Section 85. Restoration of expired licenses. A colon
hydrotherapist 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, 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

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their license.
If the colon hydrotherapist 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 colon hydrotherapist to complete a period
of evaluated clinical experience and may require successful
completion of an examination.
A colon hydrotherapist 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, any registrant whose license has expired while he
or she has been engaged in (i) Federal Service on active duty
with the United States Army, Navy, Marine Corps, Air Force,
Coast Guard, or Public Health Service or the State Militia
called into the service or training of the United States of
America, or (ii) training or education under the supervision of
the United States preliminary to induction into the military
service, may have his or her license reinstated or restored
without paying any lapsed renewal fees if, within 2 years after

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honorable termination of such service, training, or education,
he or she furnishes to the Department satisfactory evidence to
the effect that he or she has been so engaged and that his or
her service, training, or education has been so terminated.
Section 90. Inactive licenses. Any colon hydrotherapist
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 colon hydrotherapist 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 85 of this Act.
Any colon hydrotherapist whose license is on inactive
status shall not practice colon hydrotherapy in the State, and
any practice conducted shall be deemed unlicensed practice.
Section 95. Fees. The fees assessed under this Act shall
be set by rule.
Section 100. Deposit of fees and fines; appropriations.
All fees and fines collected under this Act shall be deposited
into the General Professions Dedicated Fund. All monies in the

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Fund shall be used by the Department of Financial and
Professional Regulation, as appropriated, for the ordinary and
contingent expenses of the Department.
Section 105. Violations; injunction; cease and desist
order.
(a) If any person violates a provision of this Act, the
Secretary 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 any person practices as a colon hydrotherapist or
holds himself or herself out as a colon hydrotherapist without
being licensed under the provisions of this Act, then the
Secretary, any colon hydrotherapist, 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

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court of the county where the violation or some part thereof
occurred, or where 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.
(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 or her. The rule shall clearly set forth
the grounds relied upon by the Department and shall provide a
period of 7 days after 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.
Section 110. Investigations; notice and hearing. The
Department may investigate the actions of any applicant or of
any person or persons rendering or offering to render colon
hydrotherapy services or any person holding or claiming to hold
a license as a colon hydrotherapist. The Department shall,
before refusing to issue or renew a license or to discipline a
licensee under Section 55 of this Act, at least 30 days prior
to the date set for the hearing, (i) notify the accused in
writing of the charges made and the time and place for the
hearing on the charges, (ii) direct him or her to file a

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written answer with the Department under oath within 20 days
after the service of the notice, and (iii) inform the applicant
or licensee that failure to file an answer will result in a
default judgment being entered against the applicant or
licensee. At the time and place fixed in the notice, the
Department shall proceed to hear the charges and the parties of
their counsel shall be accorded ample opportunity to present
any pertinent statements, testimony, evidence, and arguments.
The Department may continue the hearing from time to time. In
case the person, after receiving the notice, fails to file an
answer, his or her license may, in the discretion of the
Department, be revoked, suspended, or placed on probationary
status or the Department may take whatever disciplinary actions
considered 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. The written
notice may be served by personal delivery or by certified mail
to the address of record of the accused.
Section 115. Stenographer; transcript. The Department
shall, at its own expense, preserve a record of all proceedings
at the formal hearing of any case. Any notice, all documents in
the nature of pleadings, written motions filed, the transcripts
of testimony, reports of the Board and hearing officer, and
orders of the Department shall be in the record of the

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proceeding.
Section 120. Subpoenas; depositions; oaths.
(a) The Department may subpoena and bring before it any
person to take the oral or written testimony or compel the
production of any books, papers, records, or any other
documents that the Secretary or his or her designee deems
relevant or material to any such investigation or hearing
conducted by the Department with the same fees and in the same
manner as prescribed in civil cases in the courts of this
State.
(b) Any circuit court, upon the application of the licensee
or the Department, may order the attendance and testimony of
witnesses and the production of relevant documents, files,
records, books, and papers in connection with any hearing or
investigation. The circuit court may compel obedience to its
order by proceedings for contempt.
(c) The Secretary, the hearing officer, any member of the
Board, or a certified shorthand court reporter may administer
oaths at any hearing the Department conducts. Notwithstanding
any other statute or Department rule to the contrary, all
requests for testimony, production of documents, or records
shall be in accordance with this Act.
Section 125. Findings and recommendations. At the
conclusion of the hearing, the Board shall present to the

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Secretary 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 Secretary.
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 Secretary shall determine
that the Board's report is contrary to the manifest weight of
the evidence, in which case the Secretary may issue an order
contrary to 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.
Section 130. Board; rehearing. In any case involving
discipline of a licensee or the refusal to issue or renew a
license, 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 for a rehearing in writing and specifying
particular grounds. If no motion for rehearing is filed, then
upon the expiration of the time specified for filing the

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motion, or if a motion for rehearing is denied, then upon the
denial, the Secretary may enter an order in accordance with
recommendations of the Board, except as provided in Section 125
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 for filing
the motion shall start upon the delivery of the transcript to
the respondent.
Section 135. Secretary; rehearing. Whenever the Secretary
is not satisfied that substantial justice has been done in the
revocation, suspension, or refusal to issue, restore, or renew
a license, or other discipline of an applicant or licensee, the
Secretary may order a rehearing by the same or other hearing
officers.
Section 140. Appointment of a hearing officer. The
Secretary 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. The
hearing officer shall report his or her findings and
recommendations to the Board and the Secretary. 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,

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conclusions of law, and recommendations to the Secretary. If
the Board fails to present its report within the 60-day period,
the Secretary shall issue an order based on the report of the
hearing officer. If the Secretary determines that the Board's
report is contrary to the manifest weight of the evidence, he
or she may issue an order contrary to the Board's report.
Section 145. Order or certified copy; prima facie proof.
An order or a certified copy of the order, over the seal of the
Department and purporting to be signed by the Secretary, shall
be prima facie proof that:
(1) the signature is the genuine signature of the
Secretary;
(2) the Secretary is duly appointed and qualified; and
(3) the Board and the members of the Board are
qualified to act.
Section 150. Restoration of license from discipline. At
any time after the successful completion of a term of
indefinite probation, suspension, or revocation of a license,
the Department may restore the license to the licensee upon
written recommendation of the Board, unless after an
investigation and a hearing the Secretary determines that
restoration is not in the public interest. No person or entity
whose license, certificate, or authority has been revoked under
this Act may apply for restoration of that license,

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certification, or authority until such time as provided for in
the Civil Administrative Code of Illinois.
Section 155. 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.
Section 160. Temporary suspension of a license. The
Secretary may temporarily suspend the license of a colon
hydrotherapist without a hearing, simultaneously with the
institution of proceedings for a hearing provided for in
Section 110 of this Act, if the Secretary 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 Secretary temporarily suspends the
license of a colon hydrotherapist without a hearing, a hearing
by the Board must be held within 30 calendar days after the
suspension has occurred.
Section 165. Administrative review; venue. All final
administrative decisions of the Department are subject to
judicial review under the Administrative Review Law and its
rules. For the purposes of this Act, the term "administrative
decision" is defined as in Section 3-101 of the Code of Civil
Procedure.

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Proceedings for judicial review shall be commenced in the
circuit court of the county in which the party applying for
relief resides. If the party is not a resident of this State,
then 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 and until the
Department has received from the plaintiff payment of the costs
of furnishing and certifying the record, which costs shall be
determined by the Department. Failure on the part of the
plaintiff to file a receipt in court shall be grounds for
dismissal of the action.
Section 170. Violations.
(a) A person who is found to have violated any provision of
this Act is guilty of a Class A misdemeanor.
(b) Whoever knowingly practices or offers to practice colon
hydrotherapy in this State without a license, or knowingly
aids, abets, assists, procures, advises, employs, or contracts
with any unlicensed person to practice colon hydrotherapy
contrary to any rule or provision of this Act, shall be guilty
of a Class A misdemeanor.
Section 175. 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

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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 non-renewed 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 after receipt of the notification. If after the expiration
of 30 days after the date of the notification, the person has
failed to submit the fee, 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 owed 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 Secretary
may waive the fines due under this Section in individual cases
where the Secretary finds that the fines would be unreasonable
or unnecessarily burdensome.
Section 180. Unlicensed practice; violation; civil
penalty.
(a) Any person who practices, offers to practice, attempts
to practice, or holds himself or herself out to practice colon
hydrotherapy or as a colon hydrotherapist without being

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licensed under this Act, or any person not licensed under this
Act who aids, abets, assists, procures, advises, employs, or
contracts with any unlicensed person to practice colon
hydrotherapy contrary to any rules or provisions of 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
$1,000 for each violation of this Act 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 executed
in the same manner as any judgment from any court of record.
(d) All moneys collected under this Section shall be
deposited into the General Professions Dedicated Fund.
Section 185. Confidentiality. All information collected
by the Department in the course of an examination or
investigation of a licensee or applicant, including, but not
limited to, any complaint against a licensee filed with the
Department and information collected to investigate any such
complaint, shall be maintained for the confidential use of the

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Department and shall not be disclosed. The Department may not
disclose the information to anyone other than law enforcement
officials, regulatory agencies that have an appropriate
regulatory interest as determined by the Secretary, or a party
presenting a lawful subpoena to the Department. Information and
documents disclosed to a federal, State, county, or local law
enforcement agency shall not be disclosed by the agency for any
purpose to any other agency or person. A formal complaint filed
against a licensee by the Department or any order issued by the
Department against a licensee or applicant shall be a public
record, except as otherwise prohibited by law.
Section 190. 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.
Section 200. The Regulatory Sunset Act is amended by adding
Section 4.34 as follows:
(5 ILCS 80/4.34 new)
Sec. 4.34. Act repealed on January 1, 2024. The following
Act is repealed on January 1, 2024:
The Colon Hydrotherapist Licensing Act.

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Section 999. Effective date. This Act takes effect on
January 1, 2014.