Bill Text: IL SB1930 | 2021-2022 | 102nd General Assembly | Introduced


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 3-0)

Status: (Introduced) 2022-02-10 - Senate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Assignments [SB1930 Detail]

Download: Illinois-2021-SB1930-Introduced.html


102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1930

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 17194 SPS 22648 b
FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY

A BILL FOR

SB1930LRB102 17194 SPS 22648 b
1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5Traditional Asian Healing Therapist Licensing Act.
6 Section 5. Declaration of public policy. The practice of
7traditional Asian healing therapy, specifically Asian bodywork
8therapy, clinical Qigong therapy, and Thai bodywork therapy,
9are hereby declared to affect the public health, safety, and
10welfare and to be subject to regulation in the public
11interest. The purpose of this Act is to protect and benefit the
12public by setting standards of qualifications, education,
13training, and experience for those who seek to practice
14traditional Asian healing therapy, to promote high standards
15of professional performance for those licensed to practice
16traditional Asian healing therapies in the State of Illinois,
17and to protect the public from unprofessional conduct by
18persons licensed to practice.
19 Section 10. Definitions. As used in this Act:
20 "Approved traditional Asian healing therapy school" means
21a facility that meets the minimum standards for training and
22curriculum as determined by the Department.

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1 "Asian bodywork therapist" means a person who is licensed
2by the Department and administers Asian bodywork therapy for
3compensation.
4 "Asian bodywork therapy" means the evaluation and
5treatment of the body, mind, emotions, and spirit based upon
6Chinese medical principles using manual pressure and
7manipulation. "Asian bodywork therapy" includes, but is not
8limited to, assessment in accordance with Chinese medicine
9principles and assessment techniques. The scope of practice of
10Asian bodywork therapy applies traditional Chinese medicine
11principles and methodologies, including, but not limited to,
12using hands, forearms, elbows, knees, feet, or hand-held,
13non-puncturing, or mechanical appliances or devices that
14enhance treatment outcomes. "Asian bodywork therapy" includes,
15but is not limited to, the utilization of any or all of the
16following techniques: pressing, soothing, kneading, vibration,
17friction, passive stretching within the normal anatomical
18range of motion, active assistive and resistive movement and
19stretching, tapping, or exercising and manipulation of the
20soft tissues and fascia. Application and use of any of the
21following may be utilized by properly trained practitioners to
22assist in treatment: oils, lotions, gels, liniments, rubbing
23alcohol, powders, creams, cupping, moxibustion, gua sha,
24elastic therapeutic tape, instrument-assisted soft tissue
25mobilization, magnets, tuning forks, acupressure seeds, beads,
26press balls, teishins, enshins, zanshins, ion pumping cords,

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1Manaka hammer and wooden needle, shonishin tools and other
2non-insertive tools and devices, hot and cold therapy
3(including heat lamps and heating pads), compresses, external
4application of medicinal plants, eastern lifestyle
5suggestions, and other techniques, practices, and adjunct
6therapies.
7 "Board" means the Traditional Asian Healing Therapist
8Licensing Board.
9 "Clinical Qigong therapist" means a person who is licensed
10by the Department and administers clinical Qigong therapy for
11compensation.
12 "Clinical Qigong therapy" means the evaluation and
13treatment of the body, mind, emotions, and spirit based upon
14Chinese medical principles and skills derived through
15self-cultivation. The scope of practice of clinical Qigong
16therapy includes Qi transmission through non-touch and light
17touch methods and prescription of Qigong exercises and
18meditations. Cupping, tuning forks, guasha, moxibustion,
19external application of medicinal plants, eastern lifestyle
20suggestions, and other techniques, practices, and adjunct
21therapies may be used by properly trained practitioners.
22 "Compensation" means the payment, loan, advance, donation,
23contribution, deposit, or gift of money or anything of value.
24 "Department" means the Department of Financial and
25Professional Regulation.
26 "Director" means the Director of Professional Regulation.

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1 "Minimum standard of training" means at least 600 hours of
2training including anatomy, physiology, ethics, business,
3directly supervised clinical work, traditional health theories
4relevant to the practice of the therapy, and application of
5techniques, in addition to any definitions added by rule.
6 "NCCAOM" means the National Certification Commission for
7Acupuncture and Oriental Medicine.
8 "Secretary" means the Secretary of Financial and
9Professional Regulation.
10 "Thai bodywork therapist" means a person who is licensed
11by the Department and administers Thai bodywork therapy for
12compensation.
13 "Thai bodywork therapy" or "Thai bodywork" means a system
14of observation, evaluation, treatment of the body, mind, and
15spirit according to traditional Thai medicine principles. The
16system may include, but is not limited to, structured
17palpation or movement of the soft tissue of the body using
18techniques such as compression, kneading, thumbing,
19percussion, passive joint range of motion, and stretching
20activities as they pertain to bodywork therapy. The
21practitioner may use their hands, elbows, knees, or feet to
22affect desired changes in the soft tissue. The system may also
23include, but is not limited to, use of liniments, balms, gaan
24kroot (scraping), luk pra kob (warm herbal compresses), tok
25sen (vibrational therapy), external application of medicinal
26plants, eastern lifestyle suggestions including exercise,

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1posture, sleep and diet, meditation, mantra and chanting,
2Buddhist philosophy, and other techniques or practices. These
3techniques may be applied by a licensed Thai bodywork
4therapist with or without the aid of lubricants, herbal
5preparations, or a non-mechanical device that mimics or
6enhances the actions possible by human hands. The purpose of
7the practice of Thai bodywork therapy, as licensed under this
8Act, is to enhance the general health and well-being of the
9mind, body, and spirit of the recipient and to relieve pain and
10suffering.
11 "Traditional Asian healing therapist" means a person who
12is licensed by the Department and administers traditional
13Asian healing therapy for compensation.
14 "Traditional Asian healing therapy" means the health care
15professions of Asian bodywork therapy, clinical Qigong
16therapy, and Thai bodywork therapy. "Traditional Asian healing
17therapy" does not include the diagnosis of a specific
18pathology, nor does it include acts of physical therapy or
19therapeutic or corrective measures that are outside the scope
20of Asian bodywork therapy, clinical Qigong therapy, and Thai
21bodywork therapy as defined in this Section.
22 Section 15. Licensure requirements.
23 (a) Beginning July 1, 2022, or the effective date of the
24rules adopted under this Act, whichever is later, persons
25engaged in traditional Asian healing therapy for compensation

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1must be licensed by the Department. The Department shall issue
2a license to an individual who meets all of the following
3requirements:
4 (1) The applicant has applied in writing on the
5 prescribed forms and has paid the required fees.
6 (2) The applicant is at least 18 years of age and of
7 good moral character. In determining good moral character,
8 the Department may take into consideration the conviction
9 of any crime under the laws of the United States or any
10 state or territory thereof that is a felony or a
11 misdemeanor, or any crime that is directly related to the
12 practice of the profession, including the revocation of
13 any professional license due to immoral reasons. Such a
14 conviction or license revocation shall not operate
15 automatically as a complete bar to a license, except in
16 the case of any conviction for prostitution, rape, or
17 sexual misconduct, or where the applicant is a registered
18 sex offender.
19 (3) The applicant has met one of the following
20 requirements:
21 (A) has successfully completed the curriculum or
22 curriculums of one or more traditional Asian healing
23 therapy schools approved by the Department that
24 requires a minimum standard of training and has passed
25 a competency examination approved by the Board, to
26 include, but not be limited to, the NCCAOM ABT Exam

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1 Module, National Certification Exam for Therapeutic
2 Massage and Bodywork, the Massage and Bodywork
3 Licensing Exam, or a traditional Asian healing therapy
4 certification or competency examination approved by
5 the Board;
6 (B) holds a current license from another
7 jurisdiction having licensure requirements that meet
8 or exceed those defined within this Act; or
9 (C) has moved to Illinois from a jurisdiction with
10 no licensure requirement, and has met one of the
11 following requirements:
12 (i) has provided documentation that he or she
13 is currently certified by the National
14 Certification Commission for Acupuncture and
15 Oriental Medicine as a Diplomate in Asian Bodywork
16 Therapy;
17 (ii) has successfully passed another
18 traditional Asian healing therapy certifying
19 examination approved by the Board; or
20 (iii) is a member in good standing of the
21 American Organization for Bodywork Therapies of
22 Asia, the National Qigong Association, the Thai
23 Healing Alliance International, or another
24 professional membership association approved by
25 the Board or Department, at a level of membership
26 as specified by rule.

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1 (b) Each applicant for licensure as a traditional Asian
2healing therapist shall have his or her fingerprints submitted
3to the Illinois State Police in an electronic format that
4complies with the form and manner for requesting and
5furnishing criminal history record information as prescribed
6by the Illinois State Police. These fingerprints shall be
7checked against the Illinois State Police and Federal Bureau
8of Investigation criminal history record databases now and
9hereafter filed. The Illinois State Police shall charge
10applicants a fee for conducting the criminal history records
11check, which shall be deposited into the State Police Services
12Fund and shall not exceed the actual cost of the records check.
13The Illinois State Police shall furnish, pursuant to positive
14identification, records of Illinois convictions to the
15Department. The Department may require applicants to pay a
16separate fingerprinting fee, either to the Department or to a
17vendor. The Department, in its discretion, may allow an
18applicant who does not have reasonable access to a designated
19vendor to provide his or her fingerprints in an alternative
20manner. The Department may adopt any rules necessary to
21implement this Section.
22 Section 20. Licensure of current practitioners.
23 (a) For a period of one year after the effective date of
24the rules adopted under this Act, the Department may issue a
25license to an individual who, in addition to meeting the

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1requirements set forth in paragraphs (1) and (2) of subsection
2(a) of Section 15, produces proof that he or she has met at
3least one of the following requirements by the time of
4application:
5 (1) is a registered active member of a nationally
6 recognized Asian bodywork therapy, clinical Qigong therapy
7 or Thai bodywork therapy professional organization
8 approved by the Board or Department, at a membership or
9 certification level approved by the Board or Department,
10 based on a verified minimum level of training,
11 demonstration of competency, and adherence to ethical
12 standards set by their governing body; for purposes of
13 this paragraph (1), "active member" does not include
14 students;
15 (2) is a member of the American Organization for
16 Bodywork Therapies of Asia at a level of membership
17 requiring at least 500 hours of training, including
18 Certified Practitioner, Registered Instructor, or
19 Certified Instructor;
20 (3) is a member of the Thai Healing Alliance
21 International at a level of membership requiring at least
22 200 hours of training, including Registered Thai Therapist
23 or Instructor;
24 (4) is certified by the National Qigong Association as
25 a Clinical Qigong Practitioner with a minimum of 500 hours
26 of training;

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1 (5) has practiced any traditional Asian healing
2 therapy as listed in subsection (a) of Section 30 of this
3 Act for at least one year prior to July 1, 2021, or the
4 effective date of this Act, whichever is later, has
5 completed 200 hours of formal training, and has maintained
6 professional liability insurance without incident;
7 (6) has practiced any of the traditional Asian healing
8 therapy as listed in subsection (a) of Section 30 of this
9 Act for at least 10 years prior to July 1, 2021, or the
10 effective date of this Act, whichever is later and has
11 maintained professional liability insurance without
12 incident; or
13 (7) is currently certified by the National
14 Certification Commission for Acupuncture and Oriental
15 Medicine as a Diplomate in Asian Bodywork Therapy.
16 (b) An individual who has practiced traditional Asian
17healing therapy for a minimum of one year prior to July 1,
182021, or the effective date of this Act, whichever is later,
19but has less than 200 hours of formal training, or an
20individual who has practiced for less than one year, but has
21200 hours of formal training, may be issued a license under
22this Section, but must complete at least 100 additional hours
23of formal training consisting of at least 25 hours in anatomy
24and physiology by July 1, 2023 or 2 years after the effective
25date of the rules adopted under this Act, whichever is later.
26 (c) For purposes of this Section, "formal training" is

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1described as a traditional Asian healing therapy curriculum
2approved or endorsed by the American Organization for Bodywork
3Therapies of Asia Council of Schools and Programs, the
4National Certification Board for Therapeutic Massage and
5Bodywork, the Commission on Massage Therapy Accreditation, the
6Illinois State Board of Education, the Illinois Board of
7Higher Education, or course work approved by the Board or
8Department.
9 Section 25. Exemptions.
10 (a) This Act does not prohibit a person licensed under any
11other Act in this State from engaging in the profession for
12which he or she is licensed.
13 (b) Nothing in this Act prohibits a student of an approved
14traditional Asian healing therapy school or program from
15performing traditional Asian healing therapy, provided that
16the student does not hold himself or herself out as a licensed
17traditional Asian healing therapist and does not receive
18compensation for traditional Asian healing therapy services.
19 (c) Nothing in this Act applies to acupuncturists licensed
20under the Acupuncture Practice Act.
21 (d) Nothing in this Act applies to traditional Asian
22healing therapists or acupuncturists from other states,
23territories, or countries when providing educational programs
24or services for a period not exceeding 30 days within a
25calendar year.

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1 (e) Nothing in this Act prohibits a person from engaging
2in the personal practice or instruction of Qigong
3self-improvement exercises or meditations that are not
4specifically defined in Section 10 of this Act.
5 (f) Nothing in this Act prohibits a person from engaging
6in a profession not specifically named or defined within this
7Act.
8 Section 30. Title protection.
9 (a) Persons regulated by this Act are designated as a
10traditional Asian healing therapists and, therefore, are
11exclusively entitled to utilize the terms that reflect their
12credentials of Asian bodywork, Asian bodywork therapy,
13clinical Qigong, clinical Qigong therapy, Thai bodywork, Thai
14bodywork therapy, and their abbreviations or derivations, or
15any specific titles, abbreviations or derivations of Asian
16bodywork therapy forms when advertising or printing
17promotional material. Protected Asian bodywork therapy
18form-specific titles include, but are not limited to,
19"Acupressure," "Amma", "Amma Therapy", "Chi Nei Tsang", "Five
20Element Shiatsu", "Integrative Eclectic Shiatsu", "Japanese
21Shiatsu", "Jin Shin Do Bodymind Acupressure", "Jin Shou
22Tuina", "Macrobiotic Shiatsu", "Nuad Bo 'Rarn", "Okazaki
23Restorative Therapy", "Pacific and Asian Restoration Therapies
24of Danzan Ryu", "Shiatsu", "Shiatsu Anma Therapy", "Tuina",
25and "Zen Shiatsu".

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1 (b) Anyone who knowingly aids and abets one or more
2persons not authorized to use a professional title,
3abbreviation, or derivation thereof regulated by this Act, or
4knowingly employs persons not authorized to use the regulated
5professional title in the course of their employment, commits
6a violation of this Act.
7 (c) Anyone not authorized under this Act to utilize the
8regulated professional titles, abbreviations, or derivations
9thereof and who knowingly utilizes these terms when
10advertising commits a violation of this Act.
11 Section 35. Traditional Asian Healing Therapist Licensing
12Board.
13 (a) The Director shall appoint a Traditional Asian Healing
14Therapist Licensing Board, which shall serve in an advisory
15capacity to the Director. The Board shall consist of 7
16members, 6 of whom shall be therapists with at least 3 years of
17experience in traditional Asian healing therapy. At least one
18of the 6 therapist members shall represent a traditional Asian
19healing therapy school. One member of the Board shall be a
20member of the public who is not licensed under this Act or a
21similar Act in Illinois or another jurisdiction. Membership on
22the Board shall reasonably reflect the various traditional
23Asian healing therapy forms. Membership on the Board shall
24reasonably reflect the geographic areas of the State. The
25Board shall meet annually to elect a chairperson and vice

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1chairperson. The Board shall hold regularly scheduled meetings
2during the year. A simple majority of the Board shall
3constitute a quorum at any meeting. Any action taken by the
4Board must be on the affirmative vote of a simple majority of
5members. Voting by proxy shall not be permitted. The Board
6shall convene meetings either in person or via an electronic
7format in accordance with the Open Meetings Act at the
8discretion of the Director.
9 (b) Members shall be appointed to a 3-year term, except
10that initial appointees shall serve the following terms: 2
11members shall serve for one year, 2 members shall serve for 2
12years, and 3 members shall serve for 3 years. A member whose
13term has expired shall continue to serve until his or her
14successor is appointed. No member shall be reappointed to the
15Board for a term that would cause his or her continuous service
16on the Board to exceed 9 years. Appointments to fill vacancies
17shall be made in the same manner as the original appointments
18for the unexpired portion of the vacated term.
19 (c) The members of the Board are entitled to receive
20compensation for all legitimate and necessary expenses
21incurred while attending Board and Department meetings.
22 (d) Members of the Board shall be immune from suit in any
23action based upon any disciplinary proceedings or other
24activities performed in good faith as members of the Board.
25 (e) The Director shall consider the recommendations of the
26Board on questions involving the standards of professional

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1conduct, discipline, and qualifications of candidates and
2licensees under this Act. Nothing shall limit the ability of
3the Board to provide recommendations to the Director in regard
4to any matter affecting the administration of this Act. The
5Director shall give due consideration to all recommendations
6of the Board. If the Director takes action contrary to a
7recommendation of the Board, the Director shall provide a
8written explanation of that action.
9 (f) The Director may terminate the appointment of any
10member for cause that, in the opinion of the Director,
11reasonably justifies termination, which may include, but is
12not limited to, a Board member who does not attend 2
13consecutive meetings.
14 Section 40. Duties of the Department. The Department shall
15exercise the powers and duties prescribed by the Civil
16Administrative Code of Illinois for administration of
17licensing acts and shall exercise other powers and duties
18necessary for effectuating the purpose of this Act. The
19Department shall adopt rules to implement, interpret, or make
20specific the provisions and purposes of this Act; however, no
21such rules shall be adopted by the Department except upon
22review and approval by the Board.
23 Section 45. Grounds for discipline.
24 (a) The Department may refuse to issue or renew, or may

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1revoke, suspend, place on probation, reprimand, or take other
2disciplinary action, as the Department considers appropriate,
3including the imposition of fines not to exceed $1,000 for
4each violation, with regard to any license or licensee for any
5one or more of the following:
6 (1) violations of this Act or of the rules adopted
7 under this Act;
8 (2) conviction by plea of guilty or nolo contendere,
9 finding of guilt, jury verdict, or entry of judgment or by
10 sentencing of any crime, including, but not limited to,
11 convictions, preceding sentences of supervision,
12 conditional discharge, or first offender probation, under
13 the laws of any jurisdiction of the United States: (i)
14 that is a felony, or (ii) that is a misdemeanor, an
15 essential element of which is dishonesty, or that is
16 directly related to the practice of the profession;
17 (3) professional incompetence;
18 (4) advertising in a false, deceptive, or misleading
19 manner; this includes advertising using form-specific
20 titles, initials, abbreviations, or their derivations
21 protected under subsection (a) of this Section 30 of this
22 Act without adequate training in the form;
23 (5) aiding, abetting, assisting, procuring, advising,
24 employing, or contracting with any unlicensed person to
25 practice traditional Asian healing therapy contrary to any
26 rules or provisions of this Act;

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1 (6) engaging in immoral conduct in the commission of
2 any act, such as sexual abuse, sexual misconduct, or
3 sexual exploitation, related to the licensee's practice;
4 (7) engaging in dishonorable, unethical, or
5 unprofessional conduct of a character likely to deceive,
6 defraud, or harm the public;
7 (8) practicing or offering to practice beyond the
8 scope permitted by law or accepting and performing
9 professional responsibilities that the licensee knows or
10 has reason to know that he or she is not competent to
11 perform;
12 (9) knowingly delegating professional
13 responsibilities to a person unqualified by training,
14 experience, or licensure to perform;
15 (10) failing to provide information in response to a
16 written request made by the Department within 60 days;
17 (11) having a habitual or excessive use of or
18 addiction to alcohol, narcotics, stimulants, or any other
19 chemical agent or drug that results in the inability to
20 practice with reasonable judgment, skill, or safety;
21 (12) having a pattern of practice or other behavior
22 that demonstrates incapacity or incompetence to practice
23 under this Act;
24 (13) discipline by another state, District of
25 Columbia, territory, or foreign nation, if at least one of
26 the grounds for the discipline is the same or

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1 substantially equivalent to those set forth in this
2 Section;
3 (14) a finding by the Department that the licensee,
4 after having his or her license placed on probationary
5 status, has violated the terms of probation;
6 (15) willfully making or filing false records or
7 reports in his or her practice, including, but not limited
8 to, false records filed with State agencies or
9 departments;
10 (16) making a material misstatement in furnishing
11 information to the Department or otherwise making
12 misleading, deceptive, untrue, or fraudulent
13 representations in violation of this Act or otherwise in
14 the practice of the profession;
15 (17) fraud or misrepresentation in applying for or
16 procuring a license under this Act or in connection with
17 applying for renewal of a license under this Act;
18 (18) inability to practice the profession with
19 reasonable judgment, skill, or safety as a result of
20 physical illness, including, but not limited to,
21 deterioration through the aging process, loss of motor
22 skill, or a mental illness or disability;
23 (19) charging for professional services not rendered,
24 including filing false statements for the collection of
25 fees for which services are not rendered;
26 (20) practicing under a false or, except as provided

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1 by law, an assumed name; or
2 (21) cheating on or attempting to subvert the
3 licensing examination administered under this Act.
4 All fines shall be paid within 60 days after the effective
5date of the order imposing the fine.
6 (b) A person not licensed under this Act and engaged in the
7business of offering traditional Asian healing therapy
8services through others shall not aid, abet, assist, procure,
9advise, employ, or contract with any unlicensed person to
10practice traditional Asian healing therapy contrary to any
11rules or provisions of this Act. A person violating this
12subsection (b) shall be treated as a licensee for the purposes
13of disciplinary action under this Section and shall be subject
14to cease and desist orders as provided in Section 90 of this
15Act.
16 (c) The Department shall revoke the license issued under
17this Act of any person who is convicted of prostitution, rape,
18sexual misconduct, or any crime that subjects the licensee to
19compliance with the requirements of the Sex Offender
20Registration Act and any such conviction shall operate as a
21permanent bar in the State of Illinois to practice as a
22traditional Asian healing therapist.
23 (d) The Department may refuse to issue or may suspend the
24license of any person who fails to file a tax return, to pay
25the tax, penalty, or interest shown in a filed tax return, or
26to pay any final assessment of tax, penalty, or interest, as

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1required by any tax Act administered by the Illinois
2Department of Revenue, until the requirements of the tax Act
3are satisfied in accordance with subsection (g) of Section
42105-15 of the Professional Regulation Law of the Civil
5Administrative Code of Illinois.
6 (e) In cases where the Department of Healthcare and Family
7Services has previously determined that a licensee or a
8potential licensee is more than 30 days delinquent in the
9payment of child support and has subsequently certified the
10delinquency to the Department, the Department may refuse to
11issue or renew or may revoke or suspend that person's license
12or may take other disciplinary action against that person
13based solely upon the certification of delinquency made by the
14Department of Healthcare and Family Services in accordance
15with item (5) of subsection (a) of Section 2105-15 of the
16Professional Regulation Law of the Civil Administrative Code
17of Illinois.
18 (f) The determination by a circuit court that a licensee
19is subject to involuntary admission or judicial admission, as
20provided in the Mental Health and Developmental Disabilities
21Code, operates as an automatic suspension. The suspension will
22end only upon a finding by a court that the patient is no
23longer subject to involuntary admission or judicial admission
24and the issuance of a court order so finding and discharging
25the patient.
26 In instances in which the Director immediately suspends a

SB1930- 21 -LRB102 17194 SPS 22648 b
1person's license under this Section, a hearing on that
2person's license must be convened by the Department within 15
3days after the suspension and completed without appreciable
4delay. The Department and Board shall have the authority to
5review the subject individual's record of treatment and
6counseling regarding the impairment to the extent permitted by
7applicable federal statutes and regulations safeguarding the
8confidentiality of medical records.
9 An individual licensed under this Act and affected under
10this Section shall be afforded an opportunity to demonstrate
11to the Department or Board that he or she can resume practice
12in compliance with acceptable and prevailing standards under
13the provisions of his or her license.
14 Section 50. Advertising. It is a violation of this Act for
15any person, organization, or corporation to advertise
16traditional Asian healing therapy services unless the person
17providing the service holds a valid license under this Act,
18except for those excluded licensed professionals who are
19allowed to include traditional Asian healing therapy in their
20scope of practice. A traditional Asian healing therapist may
21not advertise unless he or she has a current license issued by
22this State. As used in this Section, "advertise" includes, but
23is not limited to, the issuance of any card, sign, or device to
24any person; the causing, permitting, or allowing of any sign
25or marking on or in any building, vehicle, or structure;

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1advertising in any newspaper, magazine, or digital media; any
2listing or advertising in any directory under a classification
3or heading that includes the words "Asian bodywork", "Asian
4bodywork therapy", "clinical Qigong", "clinical Qigong
5therapy", "Thai bodywork", "Thai bodywork therapy", or any
6form-specific titles as specified in subsection (a) of Section
730 of this Act; or commercials broadcast by any means.
8 Section 55. Exclusive jurisdiction. Beginning July 1,
92022, or the effective date of the rules adopted under this
10Act, whichever is later, the regulation and licensing of
11traditional Asian healing therapy is an exclusive power and
12function of the State of Illinois. Beginning July 1, 2022, or
13the effective date of the rules adopted under this Act,
14whichever is later, a home rule unit may not regulate or
15license traditional Asian healing therapists or traditional
16Asian healing therapy establishments. This Section is a denial
17and limitation of home rule powers and functions under
18subsection (h) of Section 6 of Article VII of the Illinois
19Constitution.
20 Section 60. Illinois Administrative Procedure Act. The
21Illinois Administrative Procedure Act is hereby expressly
22adopted and incorporated herein as if all of the provisions of
23that Act were included in this Act, except that the provisions
24of subsection (d) of Section 10-65 of the Illinois

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1Administrative Procedure Act that provides that at hearings
2the licensee has the right to show compliance with all lawful
3requirements for retention, continuation, or renewal of the
4license is specifically excluded. For the purposes of this Act
5the notice required under Section 10-25 of the Illinois
6Administrative Procedure Act is deemed sufficient when mailed
7to the last known address of a party.
8 Section 65. Renewal of licenses. The expiration date and
9renewal period for each license issued under this Act shall be
10set by rule.
11 Section 67. Continuing education. The Department shall
12adopt rules for continuing education for persons licensed
13under this Act that require a completion of 12 hours of
14approved continuing education per year in the license renewal
15period. The Department shall establish by rule a means for the
16verification of completion of the continuing education
17required by this Section. This verification may be
18accomplished through audits of records maintained by the
19licensee, by requiring the filing of continuing education
20certificates with the Department, or by other means
21established by the Department. Licensees are required to
22maintain proof of continuing education or certificates for a
23period of 3 years.

SB1930- 24 -LRB102 17194 SPS 22648 b
1 Section 70. Restoration of expired licenses. A traditional
2Asian healing therapist who has permitted his or her license
3to expire or who has had his or her license on inactive status
4may have his or her license restored by making application to
5the Department and filing proof acceptable to the Department
6of his or her fitness to have his or her license restored, and
7by paying the required restoration fee and showing proof of
8completion of the required continuing education. Acceptable
9proof may include sworn evidence certifying to active practice
10in another jurisdiction satisfactory to the Department, or
11sworn verification that while on inactive status the therapist
12did not practice for compensation without a license. Licensees
13must provide proof of completion of 24 hours of approved
14continuing education to renew their license.
15 However, a traditional Asian healing therapist whose
16license has expired while he or she has been engaged, (i) in
17active duty with the Army of the United States, the United
18States Navy, the Marine Corps, the Air Force, the Coast Guard,
19or the State Militia called into the service or training of the
20United States of America, or (ii) in training or education
21under the supervision of the United States preliminary to
22induction into military service, may have his or her license
23restored without paying any lapsed renewal fees or restoration
24fee if, within 2 years after termination of the service,
25training, or education, other than by dishonorable discharge,
26he or she furnishes the Department with an affidavit to the

SB1930- 25 -LRB102 17194 SPS 22648 b
1effect that he or she has been so engaged and that his or her
2service, training, or education has been terminated.
3 Section 75. Inactive licenses. A traditional Asian healing
4therapist who notifies the Department in writing on forms
5prescribed by the Department may elect to place his or her
6license on inactive status and shall, subject to rules of the
7Department, be excused from payment of renewal fees until he
8or she notifies the Department in writing of his or her desire
9to resume active status.
10 A traditional Asian healing therapist requesting
11restoration from inactive status shall be required to pay the
12current renewal fee and shall be required to restore his or her
13license as provided in Section 70 of this Act.
14 A traditional Asian healing therapist whose license is on
15inactive status shall not practice traditional Asian healing
16therapy in the State, and any practice conducted shall be
17deemed unlicensed practice.
18 Section 80. Fees. The fees assessed under this Act shall
19be set by rule.
20 Section 85. Deposit of fees and fines; appropriations. All
21fees and fines collected under this Act shall be deposited
22into the General Professions Dedicated Fund. All moneys in the
23Fund shall be used by the Department of Financial and

SB1930- 26 -LRB102 17194 SPS 22648 b
1Professional Regulation, as appropriated, for the ordinary and
2contingent expenses of the Department.
3 Section 90. Violations; injunction; cease and desist
4order.
5 (a) If any person violates a provision of this Act, the
6Director may, in the name of the People of the State of
7Illinois, through the Attorney General of the State of
8Illinois or the State's Attorney in the county in which the
9offense occurs, petition for an order enjoining the violation
10or for an order enforcing compliance with this Act. Upon the
11filing of a verified petition in court, the court may issue a
12temporary restraining order, without notice or bond, and may
13preliminarily and permanently enjoin the violation. If it is
14established that the person has violated or is violating the
15injunction, the court may punish the offender for contempt of
16court. Proceedings under this Section shall be in addition to,
17and not in lieu of, all other remedies and penalties provided
18by this Act.
19 (b) If, after July 1, 2022, or the effective date of the
20rules adopted under this Act, whichever is later, any person
21practices as a traditional Asian healing therapist or holds
22himself or herself out as a traditional Asian healing
23therapist without being licensed under the provisions of this
24Act, then the Director, any licensed traditional Asian healing
25therapist, any interested party, or any person injured thereby

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1may petition for relief as provided in subsection (a) of this
2Section or may apply to the circuit court of the county in
3which the violation or some part thereof occurred, or in which
4the person complained of has his or her principal place of
5business or resides, to prevent the violation. The court has
6jurisdiction to enforce obedience by injunction or by other
7process restricting the person complained of from further
8violation and enjoining upon him or her obedience.
9 (c) Whenever, in the opinion of the Department, a person
10violates any provision of this Act, the Department may issue a
11rule for the person to show cause why an order to cease and
12desist should not be entered against him or her. The rule shall
13clearly set forth the grounds relied upon by the Department
14and shall provide a period of 7 days from the date of the rule
15to file an answer to the satisfaction of the Department.
16Failure to answer to the satisfaction of the Department shall
17cause an order to cease and desist to be issued immediately.
18 Section 95. Investigations; notice and hearing. The
19Department may investigate the actions of any applicant or of
20any person holding or claiming to hold a license. The
21Department shall, before refusing to issue or renew a license
22or to discipline a licensee pursuant to Section 45, notify the
23applicant or holder of a license in writing, at least 30 days
24prior to the date set for the hearing, of the nature of the
25charges and that a hearing will be held on the date designated.

SB1930- 28 -LRB102 17194 SPS 22648 b
1The notice shall direct the applicant or licensee to file a
2written answer to the Board under oath within 20 days after the
3service of the notice, and shall inform the applicant or
4licensee that failure to file an answer will result in a
5default judgment being entered against the applicant or
6licensee. A default judgment may result in the license being
7suspended, revoked, or placed on probationary status, or other
8disciplinary action may be taken, including limiting the
9scope, nature, or extent of practice, as the Director may deem
10proper. Written notice may be served by personal delivery or
11certified or registered mail to the respondent at the address
12of his or her last notification to the Department. If the
13person fails to file an answer after receiving notice, his or
14her license or certificate may, in the discretion of the
15Department, be suspended, revoked, or placed on probationary
16status and the Department may take whatever disciplinary
17action it deems proper, including limiting the scope, nature,
18or extent of the person's practice or the imposition of a fine,
19without a hearing, if the act or acts charged constitute
20sufficient grounds for that action under this Act. At the time
21and place fixed in the notice, the Board shall proceed to hear
22the charges and the parties or their counsel shall be accorded
23ample opportunity to present statements, testimony, evidence
24and argument that may be pertinent to the charges or to the
25licensee's defense. The Board may continue a hearing from time
26to time.

SB1930- 29 -LRB102 17194 SPS 22648 b
1 Section 100. Stenographer; transcript. The Department, at
2its expense, shall preserve a record of all proceedings at the
3formal hearing of any case involving the refusal to issue or
4renew a license or the discipline of a licensee. The notice of
5hearing, complaint and all other documents in the nature of
6pleadings and written motions filed in the proceedings, the
7transcript of testimony, the report of the Board, and the
8order of the Department shall be the record of the proceeding.
9 Section 105. Compelling testimony. Any circuit court, upon
10application of the Department or its designee or of the
11applicant or licensee against whom proceedings pursuant to
12Section 95 of this Act are pending, may enter an order
13requiring the attendance of witnesses and their testimony and
14the production of documents, papers, files, books, and records
15in connection with any hearing or investigation. The court may
16compel obedience to its order by proceedings for contempt.
17 Section 110. Findings and recommendations. At the
18conclusion of the hearing, the Board shall present to the
19Director a written report of its findings and recommendations.
20The report shall contain a finding of whether or not the
21accused person violated this Act or failed to comply with the
22conditions required in this Act. The Board shall specify the
23nature of the violation or failure to comply and shall make its

SB1930- 30 -LRB102 17194 SPS 22648 b
1recommendations to the Director.
2 The report of findings and recommendations of the Board
3shall be the basis for the Department's order or refusal or for
4the granting of a license unless the Director shall determine
5that the Board's report is contrary to the manifest weight of
6the evidence, in which case the Director may issue an order in
7contravention of the Board's report. The finding is not
8admissible in evidence against the person in a criminal
9prosecution brought for the violation of this Act, but the
10hearing and finding are not a bar to a criminal prosecution
11brought for the violation of this Act.
12 Section 115. Rehearing. In any case involving the refusal
13to issue or renew a license or discipline of a licensee, a copy
14of the Board's report shall be served upon the respondent by
15the Department, either personally or as provided in this Act
16for the service of the notice of hearing. Within 20 days after
17service, the respondent may present to the Department a
18motion, in writing and specifying particular grounds for a
19rehearing. If no motion for rehearing is filed, then upon the
20expiration of the time specified for filing the motion, or if a
21motion for rehearing is denied, then upon the denial, the
22Director may enter an order in accordance with recommendations
23of the Board, except as provided in Section 110 of this Act. If
24the respondent shall order from the reporting service and pay
25for a transcript of the record within the time for filing a

SB1930- 31 -LRB102 17194 SPS 22648 b
1motion for rehearing, the 20-day period within which the
2motion may be filed shall commence upon the delivery of the
3transcript to the respondent.
4 Section 120. Director; rehearing. Whenever the Director is
5satisfied that substantial justice has not been done in the
6revocation, suspension, or refusal to issue or renew a
7license, the Director may order a rehearing by the same or
8other examiners.
9 Section 125. Appointment of a hearing officer. The
10Director shall have the authority to appoint any attorney duly
11licensed to practice law in this State to serve as the hearing
12officer in any action for refusal to issue or renew a license
13or permit or for the discipline of a licensee. The hearing
14officer shall have full authority to conduct the hearing. At
15least one member of the Board shall attend each hearing. The
16hearing officer shall report his or her findings and
17recommendations to the Board and the Director. The Board shall
18have 60 days after receipt of the report to review the report
19of the hearing officer and present its findings of fact,
20conclusions of law, and recommendations to the Director. If
21the Board fails to present its report within the 60-day
22period, the Director shall issue an order based on the report
23of the hearing officer. If the Director determines that the
24Board's report is contrary to the manifest weight of the

SB1930- 32 -LRB102 17194 SPS 22648 b
1evidence, he or she may issue an order in contravention of the
2Board's report.
3 Section 130. Order or certified copy; prima facie proof.
4An order or a certified copy thereof, over the seal of the
5Department and purporting to be signed by the Director, shall
6be prima facie proof that:
7 (1) the signature is the genuine signature of the
8 Director;
9 (2) the Director is duly appointed and qualified; and
10 (3) the Board and the members of the Board are
11 qualified to act.
12 Section 135. Restoration of license from discipline. At
13any time after the successful completion of a term of
14indefinite probation, suspension, or revocation of a license,
15the Department may restore the license to the licensee, upon
16written recommendation of the Board, unless after an
17investigation and a hearing the Director determines that
18restoration is not in the public interest. No person or entity
19whose license, certificate, or authority has been revoked as
20authorized in this Act may apply for restoration of that
21license, certification, or authority as provided for in the
22Civil Administrative Code of Illinois.
23 Section 140. Surrender of license. Upon the revocation or

SB1930- 33 -LRB102 17194 SPS 22648 b
1suspension of any license, the licensee shall surrender the
2license to the Department and, if the licensee fails to do so,
3the Department shall have the right to seize the license.
4 Section 145. Temporary suspension of a license. The
5Director may temporarily suspend the license of a traditional
6Asian healing therapist without a hearing, simultaneously with
7the institution of proceedings for a hearing provided for in
8Section 95 of this Act, if the Director finds that the evidence
9in his or her possession indicates that continuation in
10practice would constitute an imminent danger to the public.
11The Director temporarily suspends the license of a traditional
12Asian healing therapist without a hearing, a hearing by the
13Board must be held within 30 calendar days after the
14suspension has occurred.
15 Section 150. Administrative review; venue. All final
16administrative decisions of the Department are subject to
17judicial review under the Administrative Review Law and its
18rules. The term "administrative decision" is defined as in
19Section 3-101 of the Code of Civil Procedure.
20 Proceedings for judicial review shall be commenced in the
21circuit court of the county in which the party applying for
22relief resides; but if the party is not a resident of this
23State, the venue shall be in Sangamon County.
24 The Department shall not be required to certify any record

SB1930- 34 -LRB102 17194 SPS 22648 b
1to the court or file any answer in court or otherwise appear in
2any court in a judicial review proceeding, unless and until
3the Department has received from the plaintiff payment of the
4costs of furnishing and certifying the record, which costs
5shall be determined by the Department. Failure on the part of
6the plaintiff to file a receipt in court shall be grounds for
7dismissal of the action.
8 Section 155. Violations.
9 (a) A person who is found to have violated any provision of
10this Act is guilty of a Class A misdemeanor for the first
11offense and a Class 4 felony for the second and any subsequent
12offense.
13 (b) Any person representing himself or herself or
14advertising as an Asian bodywork therapist, clinical Qigong
15therapist, Thai bodywork therapist, or derivations thereof, or
16that the services he or she renders are defined in Section 10,
17or who uses any titles, words, or derivations thereof as
18listed in subsection (a) of Section 30 of this Act, or who uses
19any initials, abbreviations or letters, including, but not
20limited to "ABT", "CQT", "TBT", indicating that he or she is
21engaged in the practice of Asian bodywork therapy, clinical
22Qigong therapy, or Thai bodywork therapy when he or she does
23not possess a currently valid license commits a Class A
24misdemeanor for a first offense and a Class 4 felony for a
25second or subsequent offense.

SB1930- 35 -LRB102 17194 SPS 22648 b
1 (c) Whoever knowingly practices or offers to practice any
2form of Asian bodywork therapy, clinical Qigong therapy, or
3Thai bodywork therapy in this State without a license for that
4purpose, or whoever knowingly aids, abets, assists, procures,
5advises, employs, or contracts with any unlicensed person to
6practice any form of Asian bodywork therapy, clinical Qigong
7therapy, or Thai bodywork therapy contrary to any rule or
8provision of this Act, shall be guilty of a Class A misdemeanor
9for a first offense and shall be guilty of a Class 4 felony for
10a second or subsequent offense.
11 Section 160. Returned checks; fines. Any person who
12delivers a check or other payment to the Department that is
13returned to the Department unpaid by the financial institution
14upon which it is drawn shall pay to the Department, in addition
15to the amount already owed to the Department, a fine of $50.
16The fines imposed by this Section are in addition to any other
17discipline provided under this Act for unlicensed practice or
18practice on a non-renewed license. The Department shall notify
19the person that payment of fees and fines shall be paid to the
20Department by certified check or money order within 30
21calendar days of the notification. If, after the expiration of
2230 days after the date of the notification, the person has
23failed to submit the necessary remittance, the Department
24shall automatically terminate the license or deny the
25application, without hearing. If, after termination or denial,

SB1930- 36 -LRB102 17194 SPS 22648 b
1the person seeks a license, he or she shall apply to the
2Department for restoration or issuance of the license and pay
3all fees and fines due to the Department. The Department may
4establish a fee for the processing of an application for
5restoration of a license to pay all expenses of processing
6this application. The Director may waive the fines due under
7this Section in individual cases where the Director finds that
8the fines would be unreasonable or unnecessarily burdensome.
9 Section 165. Unlicensed practice; violation; civil
10penalty.
11 (a) Any person who practices, offers to practice, attempts
12to practice, or holds himself or herself out to practice
13traditional Asian healing therapy or as a traditional Asian
14healing therapist without being licensed under this Act, or
15any person not licensed under this Act who aids, abets,
16assists, procures, advises, employs, or contracts with any
17unlicensed person to practice traditional Asian healing
18therapy contrary to any rules or provisions of this Act,
19shall, in addition to any other penalty provided by law, pay a
20civil penalty to the Department in an amount not to exceed
21$1,000 for each violation of this Act as determined by the
22Department. The civil penalty shall be assessed by the
23Department after a hearing is held in accordance with the
24provisions set forth in this Act regarding the provision of a
25hearing for the discipline of a licensee.

SB1930- 37 -LRB102 17194 SPS 22648 b
1 (b) The Department has the authority and power to
2investigate any unlicensed activity.
3 (c) The civil penalty shall be paid within 60 days after
4the effective date of the order imposing the civil penalty.
5The order shall constitute a judgment and may be filed, and
6execution had thereon in the same manner as any judgment from
7any court of record.
8 Section 170. Severability. If any provision of this Act or
9the application of any provision of this Act to any person or
10circumstance is held invalid, the invalidity does not affect
11other provisions or applications of the Act that can be given
12effect without the invalid provision or application, and for
13this purpose the provisions of this Act are severable.
14 Section 900. The Regulatory Sunset Act is amended by
15adding Section 4.41 as follows:
16 (5 ILCS 80/4.41 new)
17 Sec. 4.41. Act repealed on January 1, 2032. The following
18Act is repealed on January 1, 2032:
19 The Traditional Asian Healing Therapist Licensing Act.
20 Section 999. Effective date. This Act takes effect upon
21becoming law.
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