Bill Text: IL SB1674 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Creates the Traditional Asian Healing Therapist Licensing Act. Provides for the licensure of traditional Asian healing therapist, which specifically includes the practice of Asian bodywork therapy, clinical Qigong therapy, and Thai bodywork therapy, by the Department of Financial and Professional Regulation. Creates the Traditional Asian Healing Therapist Licensing Board. Sets forth provisions concerning application, qualifications, grounds for disciplinary action, and administrative procedures. Amends the Regulatory Sunset Act to set a repeal date for the new Act of January 1, 2032. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-02-26 - Referred to Assignments [SB1674 Detail]

Download: Illinois-2021-SB1674-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB1674 Introduced 2/26/2021, by Sen. Linda Holmes SYNOPSIS AS INTRODUCED:
New Act
5 ILCS 80/4.41 new
Creates the Traditional Asian Healing Therapist Licensing Act. Provides for the licensure of traditional Asian healing therapist, which specifically includes the practice of Asian bodywork therapy, clinical Qigong therapy, and Thai bodywork therapy, by the Department of Financial and Professional Regulation. Creates the Traditional Asian Healing Therapist Licensing Board. Sets forth provisions concerning application, qualifications, grounds for disciplinary action, and administrative procedures. Amends the Regulatory Sunset Act to set a repeal date for the new Act of January 1, 2032. Effective immediately.
LRB102 11683 SPS 17017 b
FISCAL NOTE ACT MAY APPLY HOME RULE NOTE ACT MAY APPLY
A BILL FOR
SB1674 LRB102 11683 SPS 17017 b
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
Traditional Asian Healing Therapist Licensing Act.
Section 5. Declaration of public policy. The practice of
traditional Asian healing therapy, specifically Asian bodywork
therapy, clinical Qigong therapy, and Thai bodywork therapy,
are 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
traditional Asian healing therapy, to promote high standards
of professional performance for those licensed to practice
traditional Asian healing therapies in the State of Illinois,
and to protect the public from unprofessional conduct by
persons licensed to practice.
Section 10. Definitions. As used in this Act:
"Approved traditional Asian healing therapy school" means
a facility that meets the minimum standards for training and
curriculum as determined by the Department.

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"Asian bodywork therapist" means a person who is licensed
by the Department and administers Asian bodywork therapy for
compensation.
"Asian bodywork therapy" means the evaluation and
treatment of the body, mind, emotions, and spirit based upon
Chinese medical principles using manual pressure and
manipulation. "Asian bodywork therapy" includes, but is not
limited to, assessment in accordance with Chinese medicine
principles and assessment techniques. The scope of practice of
Asian bodywork therapy applies traditional Chinese medicine
principles and methodologies, including, but not limited to,
using hands, forearms, elbows, knees, feet, or hand-held,
non-puncturing, or mechanical appliances or devices that
enhance treatment outcomes. "Asian bodywork therapy" includes,
but is not limited to, the utilization of any or all of the
following techniques: pressing, soothing, kneading, vibration,
friction, passive stretching within the normal anatomical
range of motion, active assistive and resistive movement and
stretching, tapping, or exercising and manipulation of the
soft tissues and fascia. Application and use of any of the
following may be utilized by properly trained practitioners to
assist in treatment: oils, lotions, gels, liniments, rubbing
alcohol, powders, creams, cupping, moxibustion, gua sha,
elastic therapeutic tape, instrument-assisted soft tissue
mobilization, magnets, tuning forks, acupressure seeds, beads,
press balls, teishins, enshins, zanshins, ion pumping cords,

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Manaka hammer and wooden needle, shonishin tools and other
non-insertive tools and devices, hot and cold therapy
(including heat lamps and heating pads), compresses, external
application of medicinal plants, eastern lifestyle
suggestions, and other techniques, practices, and adjunct
therapies.
"Board" means the Traditional Asian Healing Therapist
Licensing Board.
"Clinical Qigong therapist" means a person who is licensed
by the Department and administers clinical Qigong therapy for
compensation.
"Clinical Qigong therapy" means the evaluation and
treatment of the body, mind, emotions, and spirit based upon
Chinese medical principles and skills derived through
self-cultivation. The scope of practice of clinical Qigong
therapy includes Qi transmission through non-touch and light
touch methods and prescription of Qigong exercises and
meditations. Cupping, tuning forks, guasha, moxibustion,
external application of medicinal plants, eastern lifestyle
suggestions, and other techniques, practices, and adjunct
therapies may be used by properly trained practitioners.
"Compensation" means the payment, loan, advance, donation,
contribution, deposit, or gift of money or anything of value.
"Department" means the Department of Financial and
Professional Regulation.
"Director" means the Director of Professional Regulation.

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"Minimum standard of training" means at least 600 hours of
training including anatomy, physiology, ethics, business,
directly supervised clinical work, traditional health theories
relevant to the practice of the therapy, and application of
techniques, in addition to any definitions added by rule.
"NCCAOM" means the National Certification Commission for
Acupuncture and Oriental Medicine.
"Secretary" means the Secretary of Financial and
Professional Regulation.
"Thai bodywork therapist" means a person who is licensed
by the Department and administers Thai bodywork therapy for
compensation.
"Thai bodywork therapy" or "Thai bodywork" means a system
of observation, evaluation, treatment of the body, mind, and
spirit according to traditional Thai medicine principles. The
system may include, but is not limited to, structured
palpation or movement of the soft tissue of the body using
techniques such as compression, kneading, thumbing,
percussion, passive joint range of motion, and stretching
activities as they pertain to bodywork therapy. The
practitioner may use their hands, elbows, knees, or feet to
affect desired changes in the soft tissue. The system may also
include, but is not limited to, use of liniments, balms, gaan
kroot (scraping), luk pra kob (warm herbal compresses), tok
sen (vibrational therapy), external application of medicinal
plants, eastern lifestyle suggestions including exercise,

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posture, sleep and diet, meditation, mantra and chanting,
Buddhist philosophy, and other techniques or practices. These
techniques may be applied by a licensed Thai bodywork
therapist with or without the aid of lubricants, herbal
preparations, or a non-mechanical device that mimics or
enhances the actions possible by human hands. The purpose of
the practice of Thai bodywork therapy, as licensed under this
Act, is to enhance the general health and well-being of the
mind, body, and spirit of the recipient and to relieve pain and
suffering.
"Traditional Asian healing therapist" means a person who
is licensed by the Department and administers traditional
Asian healing therapy for compensation.
"Traditional Asian healing therapy" means the health care
professions of Asian bodywork therapy, clinical Qigong
therapy, and Thai bodywork therapy. "Traditional Asian healing
therapy" does not include the diagnosis of a specific
pathology, nor does it include acts of physical therapy or
therapeutic or corrective measures that are outside the scope
of Asian bodywork therapy, clinical Qigong therapy, and Thai
bodywork therapy as defined in this Section.
Section 15. Licensure requirements.
(a) Beginning July 1, 2022, or the effective date of the
rules adopted under this Act, whichever is later, persons
engaged in traditional Asian healing therapy for compensation

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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
prescribed forms and has paid the required fees.
(2) The applicant is at least 18 years of age and of
good moral character. In determining good moral character,
the Department may take into consideration the conviction
of any crime under the laws of the United States or any
state or territory thereof that is a felony or a
misdemeanor, or any crime that is directly related to the
practice of the profession, including the revocation of
any professional license due to immoral reasons. Such a
conviction or license revocation 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.
(3) The applicant has met one of the following
requirements:
(A) has successfully completed the curriculum or
curriculums of one or more traditional Asian healing
therapy schools approved by the Department that
requires a minimum standard of training and has passed
a competency examination approved by the Board, to
include, but not be limited to, the NCCAOM ABT Exam

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Module, National Certification Exam for Therapeutic
Massage and Bodywork, the Massage and Bodywork
Licensing Exam, or a traditional Asian healing therapy
certification or competency examination approved by
the Board;
(B) holds a current license from another
jurisdiction having licensure requirements that meet
or exceed those defined within this Act; or
(C) has moved to Illinois from a jurisdiction with
no licensure requirement, and has met one of the
following requirements:
(i) has provided documentation that he or she
is currently certified by the National
Certification Commission for Acupuncture and
Oriental Medicine as a Diplomate in Asian Bodywork
Therapy;
(ii) has successfully passed another
traditional Asian healing therapy certifying
examination approved by the Board; or
(iii) is a member in good standing of the
American Organization for Bodywork Therapies of
Asia, the National Qigong Association, the Thai
Healing Alliance International, or another
professional membership association approved by
the Board or Department, at a level of membership
as specified by rule.

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(b) Each applicant for licensure as a traditional Asian
healing therapist shall have his or her fingerprints submitted
to the Illinois 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 Illinois State Police. These fingerprints shall be
checked against the Illinois State Police and Federal Bureau
of Investigation criminal history record databases now and
hereafter filed. The Illinois 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.
The Illinois State Police shall furnish, pursuant to positive
identification, records of Illinois convictions to the
Department. The Department may require applicants to pay a
separate fingerprinting fee, either to the Department or to a
vendor. The Department, in its discretion, may 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. Licensure of current practitioners.
(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

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requirements set forth in the previous Section, produces proof
that he or she has met at least one of the following
requirements by the time of application:
(1) is a registered active member of a nationally
recognized Asian bodywork therapy, clinical Qigong therapy
or Thai bodywork therapy professional organization
approved by the Board or Department, at a membership or
certification level approved by the Board or Department,
based on a verified minimum level of training,
demonstration of competency, and adherence to ethical
standards set by their governing body; for purposes of
this paragraph (1), "active member" does not include
students;
(2) is a member of the American Organization for
Bodywork Therapies of Asia at a level of membership
requiring at least 500 hours of training, including
Certified Practitioner, Registered Instructor, or
Certified Instructor;
(3) is a member of the Thai Healing Alliance
International at a level of membership requiring at least
200 hours of training, including Registered Thai Therapist
or Instructor;
(4) is certified by the National Qigong Association as
a Clinical Qigong Practitioner with a minimum of 500 hours
of training;
(5) has practiced any traditional Asian healing

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therapy as listed in subsection (a) of Section 30 of this
Act for at least one year prior to July 1, 2021, or the
effective date of this Act, whichever is later, has
completed 200 hours of formal training, and has maintained
professional liability insurance without incident;
(6) has practiced any of the traditional Asian healing
therapy as listed in subsection (a) of Section 30 of this
Act for at least 10 years prior to July 1, 2021, or the
effective date of this Act, whichever is later and has
maintained professional liability insurance without
incident; or
(7) is currently certified by the National
Certification Commission for Acupuncture and Oriental
Medicine as a Diplomate in Asian Bodywork Therapy.
(b) An individual who has practiced traditional Asian
healing therapy for a minimum of one year prior to July 1,
2021, or the effective date of this Act, whichever is later,
but has less than 200 hours of formal training, or an
individual who has practiced for less than one year, but has
200 hours of formal training, may be issued a license under
this Section, but must complete at least 100 additional hours
of formal training consisting of at least 25 hours in anatomy
and physiology by July 1, 2023 or 2 years after the effective
date of the rules adopted under this Act, whichever is later.
(c) For purposes of this Section, "formal training" is
described as a traditional Asian healing therapy curriculum

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approved or endorsed by the American Organization for Bodywork
Therapies of Asia Council of Schools and Programs, the
National Certification Board for Therapeutic Massage and
Bodywork, the Commission on Massage Therapy Accreditation, the
Illinois State Board of Education, the Illinois Board of
Higher Education, or course work approved by the Board or
Department.
Section 25. Exemptions.
(a) This Act does not prohibit a person licensed under any
other Act in this State from engaging in the profession for
which he or she is licensed.
(b) Nothing in this Act prohibits a student of an approved
traditional Asian healing therapy school or program from
performing traditional Asian healing therapy, provided that
the student does not hold himself or herself out as a licensed
traditional Asian healing therapist and does not receive
compensation for traditional Asian healing therapy services.
(c) Nothing in this Act applies to acupuncturists licensed
under the Acupuncture Practice Act.
(d) Nothing in this Act applies to traditional Asian
healing therapists or acupuncturists from other states,
territories, 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 a person from engaging

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in the personal practice or instruction of Qigong
self-improvement exercises or meditations that are not
specifically defined in Section 10 of this Act.
(f) Nothing in this Act prohibits a person from engaging
in a profession not specifically named or defined within this
Act.
Section 30. Title protection.
(a) Persons regulated by this Act are designated as a
traditional Asian healing therapists and, therefore, are
exclusively entitled to utilize the terms that reflect their
credentials of Asian bodywork, Asian bodywork therapy,
clinical Qigong, clinical Qigong therapy, Thai bodywork, Thai
bodywork therapy, and their abbreviations or derivations, or
any specific titles, abbreviations or derivations of Asian
bodywork therapy forms when advertising or printing
promotional material. Protected Asian bodywork therapy
form-specific titles include, but are not limited to,
"Acupressure," "Amma", "Amma Therapy", "Chi Nei Tsang", "Five
Element Shiatsu", "Integrative Eclectic Shiatsu", "Japanese
Shiatsu", "Jin Shin Do Bodymind Acupressure", "Jin Shou
Tuina", "Macrobiotic Shiatsu", "Nuad Bo 'Rarn", "Okazaki
Restorative Therapy", "Pacific and Asian Restoration Therapies
of Danzan Ryu", "Shiatsu", "Shiatsu Anma Therapy", "Tuina",
and "Zen Shiatsu".
(b) Anyone who knowingly aids and abets one or more

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persons not authorized to use a professional title,
abbreviation, or derivation thereof 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 utilize the
regulated professional titles, abbreviations, or derivations
thereof and who knowingly utilizes these terms when
advertising commits a violation of this Act.
Section 35. Traditional Asian Healing Therapist Licensing
Board.
(a) The Director shall appoint a Traditional Asian Healing
Therapist Licensing Board, which shall serve in an advisory
capacity to the Director. The Board shall consist of 7
members, 6 of whom shall be therapists with at least 3 years of
experience in traditional Asian healing therapy. At least one
of the 6 therapist members shall represent a traditional Asian
healing therapy school. 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 traditional
Asian healing therapy forms. 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

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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. The Board
shall convene meetings either in person or via an electronic
format in accordance with the Open Meetings Act at the
discretion of the Director.
(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

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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 that, 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.
Section 40. 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
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; however, no
such rules shall be adopted by the Department except upon
review and approval by the Board.
Section 45. Grounds for discipline.
(a) The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand, or take other

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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 of the rules adopted
under this Act;
(2) conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or by
sentencing of any crime, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation, under
the laws of any jurisdiction of the United States: (i)
that is a felony, or (ii) that is a misdemeanor, an
essential element of which is dishonesty, or that is
directly related to the practice of the profession;
(3) professional incompetence;
(4) advertising in a false, deceptive, or misleading
manner; this includes advertising using form-specific
titles, initials, abbreviations, or their derivations
protected under subsection (a) of this Section 30 of this
Act without adequate training in the form;
(5) aiding, abetting, assisting, procuring, advising,
employing, or contracting with any unlicensed person to
practice traditional Asian healing therapy contrary to any
rules or provisions of this Act;
(6) engaging in immoral conduct in the commission of

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any act, such as sexual abuse, sexual misconduct, or
sexual exploitation, related to the licensee's practice;
(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 to perform;
(10) failing to provide information in response to a
written request made by the Department within 60 days;
(11) having a habitual or excessive use of or
addiction to alcohol, narcotics, stimulants, or any other
chemical agent or drug 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) discipline by another state, District of
Columbia, territory, or foreign nation, if at least one of
the grounds for the discipline is the same or
substantially equivalent to those set forth in this

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Section;
(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) fraud or misrepresentation in applying for or
procuring a license under this Act or in connection with
applying for renewal of a license under this Act;
(18) 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;
(19) charging for professional services not rendered,
including filing false statements for the collection of
fees for which services are not rendered;
(20) practicing under a false or, except as provided
by law, an assumed name; or

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(21) cheating on or attempting to subvert the
licensing examination administered under this Act.
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 traditional Asian healing therapy
services through others shall not aid, abet, assist, procure,
advise, employ, or contract with any unlicensed person to
practice traditional Asian healing therapy contrary to 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 90 of this
Act.
(c) The Department shall revoke the 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 the State of Illinois to practice as a
traditional Asian healing therapist.
(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

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Department of Revenue, until the requirements of the tax Act
are satisfied in accordance with subsection (g) of Section
2105-15 of the Professional Regulation Law of the Civil
Administrative Code of Illinois.
(e) 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
Professional Regulation Law of the Civil Administrative Code
of Illinois.
(f) 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 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.
In instances in which the Director immediately suspends a
person's license under this Section, a hearing on that

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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.
Section 50. Advertising. It is a violation of this Act for
any person, organization, or corporation to advertise
traditional Asian healing therapy 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 traditional Asian healing therapy in their
scope of practice. A traditional Asian healing therapist may
not advertise unless he or she has a current license issued by
this State. As used in this Section, "advertise" 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, magazine, or digital media; any

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listing or advertising in any directory under a classification
or heading that includes the words "Asian bodywork", "Asian
bodywork therapy", "clinical Qigong", "clinical Qigong
therapy", "Thai bodywork", "Thai bodywork therapy", or any
form-specific titles as specified in subsection (a) of Section
30 of this Act; or commercials broadcast by any means.
Section 55. Exclusive jurisdiction. Beginning July 1,
2022, or the effective date of the rules adopted under this
Act, whichever is later, the regulation and licensing of
traditional Asian healing therapy is an exclusive power and
function of the State of Illinois. Beginning July 1, 2022, or
the effective date of the rules adopted under this Act,
whichever is later, a home rule unit may not regulate or
license traditional Asian healing therapists or traditional
Asian healing therapy establishments. 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 60. Illinois 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 provisions
of subsection (d) of Section 10-65 of the Illinois
Administrative Procedure Act that provides that at hearings

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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 Illinois
Administrative Procedure Act is deemed sufficient when mailed
to the last known address of a party.
Section 65. Renewal of licenses. The expiration date and
renewal period for each license issued under this Act shall be
set by rule.
Section 67. Continuing education. The Department shall
adopt rules for continuing education for persons licensed
under this Act that require a completion of 12 hours of
approved continuing education per year in the 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. Licensees are required to
maintain proof of continuing education or certificates for a
period of 3 years.
Section 70. Restoration of expired licenses. A traditional

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Asian healing 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, and
by paying the required restoration fee and showing proof of
completion of the required continuing education. Acceptable
proof may include sworn evidence certifying to active practice
in another jurisdiction satisfactory to the Department, or
sworn verification that while on inactive status the therapist
did not practice for compensation without a license. Licensees
must provide proof of completion of 24 hours of approved
continuing education to renew their license.
However, a traditional Asian healing 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 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

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service, training, or education has been terminated.
Section 75. Inactive licenses. A traditional Asian healing
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 traditional Asian healing 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.
A traditional Asian healing therapist whose license is on
inactive status shall not practice traditional Asian healing
therapy in the State, and any practice conducted shall be
deemed unlicensed practice.
Section 80. Fees. The fees assessed under this Act shall
be set by rule.
Section 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 Financial and
Professional Regulation, as appropriated, for the ordinary and

SB1674 - 26 - LRB102 11683 SPS 17017 b
contingent expenses of the Department.
Section 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 July 1, 2022, or the effective date of the
rules adopted under this Act, whichever is later, any person
practices as a traditional Asian healing therapist or holds
himself or herself out as a traditional Asian healing
therapist without being licensed under the provisions of this
Act, then the Director, any licensed traditional Asian healing
therapist, any interested party, or any person injured thereby
may petition for relief as provided in subsection (a) of this

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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 for the person 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 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.
Section 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

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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. If 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.

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Section 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.
Section 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.
Section 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.

SB1674 - 30 - LRB102 11683 SPS 17017 b
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.
Section 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

SB1674 - 31 - LRB102 11683 SPS 17017 b
motion may be filed shall commence upon the delivery of the
transcript to the respondent.
Section 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.
Section 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

SB1674 - 32 - LRB102 11683 SPS 17017 b
Board's report.
Section 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
Director;
(2) the Director is duly appointed and qualified; and
(3) the Board and the members of the Board are
qualified to act.
Section 135. 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 Director determines that
restoration is not in the public interest. No person or entity
whose license, certificate, or authority has been revoked as
authorized in this Act may apply for restoration of that
license, certification, or authority as provided for in the
Civil Administrative Code of Illinois.
Section 140. Surrender of license. Upon the revocation or
suspension of any license, the licensee shall surrender the

SB1674 - 33 - LRB102 11683 SPS 17017 b
license to the Department and, if the licensee fails to do so,
the Department shall have the right to seize the license.
Section 145. Temporary suspension of a license. The
Director may temporarily suspend the license of a traditional
Asian healing 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.
The Director temporarily suspends the license of a traditional
Asian healing therapist without a hearing, a hearing by the
Board must be held within 30 calendar days after the
suspension has occurred.
Section 150. Administrative review; venue. All final
administrative decisions of the Department are subject to
judicial review under 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

SB1674 - 34 - LRB102 11683 SPS 17017 b
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 155. Violations.
(a) 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.
(b) Any person representing himself or herself or
advertising as an Asian bodywork therapist, clinical Qigong
therapist, Thai bodywork therapist, or derivations thereof, or
that the services he or she renders are defined in Section 10,
or who uses any titles, words, or derivations thereof as
listed in subsection (a) of Section 30 of this Act, or who uses
any initials, abbreviations or letters, including, but not
limited to "ABT", "CQT", "TBT", indicating that he or she is
engaged in the practice of Asian bodywork therapy, clinical
Qigong therapy, or Thai bodywork therapy when he or she does
not possess a currently valid license commits a Class A
misdemeanor for a first offense and a Class 4 felony for a
second or subsequent offense.
(c) Whoever knowingly practices or offers to practice any

SB1674 - 35 - LRB102 11683 SPS 17017 b
form of Asian bodywork therapy, clinical Qigong therapy, or
Thai bodywork therapy in this State without a license for that
purpose, or whoever knowingly aids, abets, assists, procures,
advises, employs, or contracts with any unlicensed person to
practice any form of Asian bodywork therapy, clinical Qigong
therapy, or Thai bodywork therapy contrary to any rule or
provision of this Act, shall be guilty of a Class A misdemeanor
for a first offense and shall be guilty of a Class 4 felony for
a second or subsequent offense.
Section 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 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 of the notification. If, after the expiration of
30 days after 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

SB1674 - 36 - LRB102 11683 SPS 17017 b
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.
Section 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
traditional Asian healing therapy or as a traditional Asian
healing therapist without being 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 traditional Asian healing
therapy 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

SB1674 - 37 - LRB102 11683 SPS 17017 b
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.
Section 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.
Section 900. The Regulatory Sunset Act is amended by
adding Section 4.41 as follows:
(5 ILCS 80/4.41 new)
Sec. 4.41. Act repealed on January 1, 2032. The following
Act is repealed on January 1, 2032:
The Traditional Asian Healing Therapist Licensing Act.
Section 999. Effective date. This Act takes effect upon
becoming law.