Full Text of HB1656 99th General Assembly
HB1656ham001 99TH GENERAL ASSEMBLY | Rep. Michael P. McAuliffe Filed: 3/10/2015
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| 1 | | AMENDMENT TO HOUSE BILL 1656
| 2 | | AMENDMENT NO. ______. Amend House Bill 1656 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the Music | 5 | | Therapy Licensing and Practice Act. | 6 | | Section 5. Declaration of public policy. The practice of | 7 | | professional music therapy is hereby declared to affect the | 8 | | public health, safety, and welfare and to be subject to | 9 | | regulation in the public interest. The purpose of the Act is to | 10 | | ensure the highest degree of professional conduct on the part | 11 | | of music therapists, to guarantee the availability of music | 12 | | therapy services provided by a qualified professional to | 13 | | persons in need of those services, and to protect the public | 14 | | from the practice of music therapy by unqualified individuals. | 15 | | Section 10. Definitions. For purposes of this Act, the |
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| 1 | | following definitions shall have the following meanings, | 2 | | except where the context requires otherwise: | 3 | | "Address of record" means the designated address recorded | 4 | | by the Department in the applicant's or licensee's application | 5 | | file or license file as maintained by the Department's | 6 | | licensure maintenance unit. It is the duty of the applicant or | 7 | | licensee to inform the Department of any change of address, and | 8 | | those changes must be made either through the Department's | 9 | | website or by contacting the Department. | 10 | | "Advisory committee" means the Music Therapy Advisory | 11 | | Committee. | 12 | | "Board-certified music therapist" means an individual who | 13 | | has completed the education and clinical training requirements | 14 | | established by the American Music Therapy Association, has | 15 | | passed the Certification Board for Music Therapists | 16 | | certification examination or transitioned into board | 17 | | certification, and remains actively certified by the | 18 | | Certification Board for Music Therapists. | 19 | | "Department" means the Department of Financial and | 20 | | Professional Regulation. | 21 | | "Music therapist" means a person licensed to practice music | 22 | | therapy pursuant to this Act. | 23 | | "Music therapy" means the clinical and evidence-based use | 24 | | of music interventions to accomplish individualized goals for | 25 | | people of all ages and ability levels within a therapeutic | 26 | | relationship by a credentialed professional who has completed |
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| 1 | | an approved music therapy program. The music therapy | 2 | | interventions may include music improvisation, receptive music | 3 | | listening, song writing, lyric discussion, music and imagery, | 4 | | singing, music performance, learning through music, music | 5 | | combined with other arts, music-assisted relaxation, | 6 | | music-based patient education, electronic music technology, | 7 | | adapted music intervention, and movement to music. The practice | 8 | | of music therapy does not include the diagnosis or assessment | 9 | | of any physical, mental, or communication disorder. | 10 | | "Person" means an individual, association, partnership, or | 11 | | corporation. | 12 | | "Secretary" means the Secretary of Financial and | 13 | | Professional Regulation or his or her designee.
| 14 | | Section 15. Music Therapy Advisory Committee. There is | 15 | | created within the Department a Music Therapy Advisory | 16 | | Committee, which shall consist of 5 members. The Secretary | 17 | | shall appoint all members of the advisory committee. The | 18 | | advisory committee shall consist of persons familiar with the | 19 | | practice of music therapy to provide the Secretary with | 20 | | expertise and assistance in carrying out his or her duties | 21 | | pursuant to this Act. The Secretary shall appoint members of | 22 | | the advisory committee to serve for terms of 4 years, and | 23 | | members may serve consecutive terms at the will of the | 24 | | Secretary. Any vacancy shall be filled in the same manner as a | 25 | | regular appointment. The Secretary shall appoint 3 members who |
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| 1 | | practice as music therapists in this State, one member who is a | 2 | | licensed health care provider who is not a music therapist, and | 3 | | one member who is a consumer. Members shall serve without | 4 | | compensation. | 5 | | Section 20. Music Therapy Advisory Committee; powers and | 6 | | duties.
| 7 | | (a) The advisory committee shall meet at least once per | 8 | | year or as otherwise called by the Secretary. | 9 | | (b) The Secretary shall consult with the advisory committee | 10 | | prior to setting or changing fees under this Act. | 11 | | (c) The advisory committee may facilitate the development | 12 | | of materials that the Secretary may utilize to educate the | 13 | | public concerning music therapist licensure, the benefits of | 14 | | music therapy, and the utilization of music therapy by | 15 | | individuals and in facilities or institutional settings. | 16 | | (d) The advisory committee may act as a facilitator of | 17 | | statewide dissemination of information between music | 18 | | therapists, the American Music Therapy Association or any | 19 | | successor organization, the Certification Board for Music | 20 | | Therapists or any successor organization, and the Secretary. | 21 | | (e) The advisory committee shall provide an analysis of | 22 | | disciplinary actions, appeals and denials, and license | 23 | | revocations at least once per year. | 24 | | (f) The Secretary shall seek the advice of the advisory | 25 | | committee for issues related to music therapy. |
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| 1 | | (g) The advisory committee shall advise the Department on | 2 | | all matters pertaining to the licensure, education, continuing | 3 | | education requirements for and practice of music therapy in | 4 | | this State. | 5 | | (h) The advisory committee shall assist and advise the | 6 | | Department in all hearings involving music therapists who are | 7 | | alleged to be in violation of this Act. | 8 | | Section 25. Exemptions.
| 9 | | (a) This Act does not prohibit any persons legally | 10 | | regulated in this State by any other Act from engaging in the | 11 | | practice for which they are authorized as long as they do not | 12 | | represent themselves by the title of "music therapist" or | 13 | | "licensed music therapist". This Act does not prohibit the | 14 | | practice of nonregulated professions whose practitioners are | 15 | | engaged in the delivery of human services as long as these | 16 | | practitioners do not represent themselves as or use the title | 17 | | of "music therapist" or "licensed music therapist". | 18 | | (b) Nothing in this Act shall be construed to limit the | 19 | | activities and services of a student enrolled in an accredited | 20 | | music therapy program if these activities and services | 21 | | constitute an integral part of the student's supervised course | 22 | | of study as long as the student does not represent himself or | 23 | | herself as a "music therapist" or "licensed music therapist".
| 24 | | Section 30. Restrictions and limitations. No person shall, |
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| 1 | | without a valid license as a music therapist issued by the | 2 | | Department (i) in any manner hold himself or herself out to the | 3 | | public as a music therapist under this Act; (ii) use in | 4 | | connection with his or her name or place of business the title | 5 | | "music therapist" or "licensed music therapist" or any words, | 6 | | letters, abbreviations, or insignia indicating or implying a | 7 | | person has met the qualifications for or has the license issued | 8 | | under this Act; or (iii) offer to render or render to | 9 | | individuals, corporations, or the public music therapy | 10 | | services if the words "music therapist" or "licensed music | 11 | | therapist" are used to describe the person offering to render | 12 | | or rendering them or "music therapy" is used to describe the | 13 | | services rendered or offered to be rendered. | 14 | | Section 35. Unlicensed practice; violation; civil penalty. | 15 | | (a) Any person who practices, offers to practice, attempts | 16 | | to practice, or holds himself or herself out to practice as a | 17 | | music therapist without being licensed or exempt under this Act | 18 | | shall, in addition to any other penalty provided by law, pay a | 19 | | civil penalty to the Department in an amount not to exceed | 20 | | $10,000 for each offense, as determined by the Department. The | 21 | | civil penalty shall be assessed by the Department after a | 22 | | hearing is held in accordance with the provisions set forth in | 23 | | this Act regarding the provision of a hearing for the | 24 | | discipline of a licensee. | 25 | | (b) The Department may investigate any actual, alleged, or |
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| 1 | | suspected unlicensed activity. | 2 | | (c) The civil penalty shall be paid within 60 days after | 3 | | the effective date of the order imposing the civil penalty. The | 4 | | order shall constitute a final judgment and may be filed and | 5 | | execution had thereon in the same manner as any judgment from | 6 | | any court of record. | 7 | | Section 40. Powers and duties of the Department. Subject to | 8 | | the provisions of this Act, the Department shall: | 9 | | (1) adopt rules defining what constitutes a curriculum | 10 | | for music therapy that is reputable and in good standing; | 11 | | (2) adopt rules providing for the establishment of a | 12 | | uniform and reasonable standard of instruction and | 13 | | maintenance to be observed by all curricula for music | 14 | | therapy that are approved by the Department and determine | 15 | | the reputability and good standing of such curricula for | 16 | | music therapy by reference to compliance with the rules, | 17 | | provided that no school of music therapy that refuses | 18 | | admittance to applicants solely on account of race, color, | 19 | | creed, sex, or national origin shall be considered | 20 | | reputable and in good standing; | 21 | | (3) adopt and publish rules for a method of examination | 22 | | of candidates for licensed music therapists and for | 23 | | issuance of licenses authorizing candidates upon passing | 24 | | examination to practice as licensed music therapists; | 25 | | (4) review applications to ascertain the |
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| 1 | | qualifications of applicants for licenses; | 2 | | (5) authorize examinations to ascertain the | 3 | | qualifications of those applicants who require such | 4 | | examinations as a component of a license; | 5 | | (6) conduct hearings on proceedings to refuse to issue | 6 | | or renew or to revoke licenses or suspend, place on | 7 | | probation, censure, or reprimand persons licensed under | 8 | | this Act and to refuse to issue or renew or to revoke | 9 | | licenses or suspend, place on probation, censure, or | 10 | | reprimand persons licensed under this Act; | 11 | | (7) adopt rules necessary for the administration of | 12 | | this Act; and | 13 | | (8) maintain a list of music therapists authorized to | 14 | | practice in the State; this list shall show the name of | 15 | | every licensee, his last known place of residence and the | 16 | | date and number of his or her license; any interested | 17 | | person in the State may obtain a copy of that list on | 18 | | application to the Department and payment of the required | 19 | | fee. | 20 | | Section 45. Application for original license. | 21 | | Applications for original licenses shall be made to the | 22 | | Department on forms prescribed by the Department and | 23 | | accompanied by the required fee, which is not refundable. All | 24 | | applications shall contain such information that, in the | 25 | | judgment of the Department, will enable the Department to pass |
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| 1 | | on the qualifications of the applicant for a license to | 2 | | practice as a music therapist.
If an applicant fails to obtain | 3 | | a license under this Act within 3 years after filing his or her | 4 | | application, the application shall be denied. The applicant may | 5 | | make a new application, which shall be accompanied by the | 6 | | required nonrefundable fee. The applicant shall be required to | 7 | | meet the qualifications required for licensure at the time of | 8 | | reapplication. | 9 | | Section 50. Social Security Number on license application. | 10 | | In addition to any other information required to be contained | 11 | | in the application, every application for an original license | 12 | | under this Act shall include the applicant's Social Security | 13 | | Number, which shall be retained in the Department's records | 14 | | pertaining to the license. As soon as practical, the Department | 15 | | shall assign a customer's identification number to each | 16 | | applicant for a license.
Every application for a renewal, | 17 | | reinstated, or restored license shall require the applicant's | 18 | | customer identification number.
| 19 | | Section 55. Qualifications for licensure.
| 20 | | (a) The Secretary shall issue a license to an applicant for | 21 | | a music therapy license if such applicant has completed and | 22 | | submitted an application form in such manner as the Secretary | 23 | | prescribes, accompanied by applicable fees, and evidence | 24 | | satisfactory to the Secretary that: |
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| 1 | | (1) the applicant is at least 18 years of age; | 2 | | (2) the applicant holds a bachelor's degree or higher | 3 | | in music therapy, or its equivalent, from a program | 4 | | approved by the American Music Therapy Association or any | 5 | | successor organization within an accredited college or | 6 | | university; | 7 | | (3) the applicant has successfully completed a minimum | 8 | | of 1,200 hours of clinical training, with at least 180 | 9 | | hours of pre-internship experience and at least 900 hours | 10 | | of internship experience, provided that the internship is | 11 | | approved by an academic institution or the American Music | 12 | | Therapy Association or any successor organization; | 13 | | (4) the applicant is in good standing based on a review | 14 | | of any music therapy licensure history the applicant may | 15 | | have in other jurisdictions, including any alleged | 16 | | misconduct or neglect in the practice of music therapy; and | 17 | | (5) the applicant provides proof of passing the | 18 | | examination for board certification offered by the | 19 | | Certification Board for Music Therapists or any successor | 20 | | organization, provides proof of being transitioned into | 21 | | board certification, and provides proof that the applicant | 22 | | is currently a board-certified music therapist. | 23 | | (b) The Secretary shall issue a license to an applicant for | 24 | | a music therapy license if such applicant has completed and | 25 | | submitted an application upon a form and in such manner as the | 26 | | Secretary prescribes, accompanied by any applicable fees, and |
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| 1 | | evidence satisfactory to the Secretary that the applicant is | 2 | | licensed and in good standing as a music therapist in another | 3 | | jurisdiction where the qualifications required are equal to or | 4 | | greater than those required by this Act at the date of | 5 | | application. | 6 | | (c) The Secretary shall waive the examination requirement | 7 | | until January 1, 2020 for an applicant who is designated as a | 8 | | registered music therapist, certified music therapist, or | 9 | | advanced certified music therapist and is in good standing with | 10 | | the national music therapy registry.
| 11 | | Section 60. License renewal.
| 12 | | (a) Every license issued under this Act shall be renewed | 13 | | biennially. A license shall be renewed upon payment of a | 14 | | renewal fee, provided that the applicant is not in violation of | 15 | | any of the terms of this Act at the time of application for | 16 | | renewal. The following shall also be required for license | 17 | | renewal: | 18 | | (1) proof of maintenance of the applicant's status as a | 19 | | board-certified music therapist; and | 20 | | (2) proof of completion of a minimum of 40 hours of | 21 | | continuing education in a program approved by the | 22 | | Certification Board for Music Therapists or any successor | 23 | | organization and any other continuing education | 24 | | requirements established by the Secretary. | 25 | | (b) A licensee shall inform the Secretary of any changes to |
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| 1 | | his or her address. Each licensee shall be responsible for | 2 | | timely renewal of his or her license. | 3 | | (c) Failure to renew a license shall result in forfeiture | 4 | | of the license. Licenses that have been forfeited may be | 5 | | restored within one year after the expiration date upon payment | 6 | | of renewal and restoration fees. Failure to restore a forfeited | 7 | | license within one year after the date of its expiration shall | 8 | | result in the automatic termination of the license, and the | 9 | | Secretary may require the individual to reapply for licensure | 10 | | as a new applicant. | 11 | | (d) Upon written request of a licensee, the Secretary may | 12 | | place an active license on an inactive status subject to an | 13 | | inactive status fee established by the Secretary. The licensee, | 14 | | upon request and payment of the inactive license fee, may | 15 | | continue on inactive status for a period up to 2 years. An | 16 | | inactive license may be reactivated at any time by making a | 17 | | written request to the Secretary and by fulfilling the | 18 | | requirements established by the Secretary. | 19 | | Section 65. Inactive status. A person who notifies the | 20 | | Department in writing on forms prescribed by the Department may | 21 | | elect to place his or her license on inactive status and shall, | 22 | | subject to rule of the Department, be excused from payment of | 23 | | renewal fees until he or she notifies the Department, in | 24 | | writing, of his or her desire to resume active status.
A person | 25 | | requesting restoration from inactive status shall be required |
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| 1 | | to pay the current renewal fee and shall be required to restore | 2 | | his or her license.
Practice by an individual whose license is | 3 | | on inactive status shall be considered to be the unlicensed | 4 | | practice of music therapy and shall be grounds for discipline | 5 | | under this Act.
| 6 | | Section 70. Fees; deposit of fees. The Department shall, | 7 | | by rule, establish a schedule of fees for the administration | 8 | | and enforcement of this Act. These fees shall be nonrefundable.
| 9 | | All of the fees and fines collected under this Act shall be | 10 | | deposited into the General Professions Dedicated Fund. The | 11 | | moneys deposited into the General Professions Dedicated Fund | 12 | | shall be used by the Department, as appropriate, for the | 13 | | ordinary and contingent expenses of the Department. Moneys in | 14 | | the General Professions Dedicated Fund may be invested and | 15 | | reinvested, with all earnings received from these investments | 16 | | being deposited into that Fund and used for the same purposes | 17 | | as the fees and fines deposited in that Fund. | 18 | | Section 75. Checks or orders dishonored. Any person who | 19 | | issues or delivers a check or other order to the Department | 20 | | that is returned to the Department unpaid by the financial | 21 | | institution upon which it is drawn shall pay to the Department, | 22 | | in addition to the amount already owed to the Department, a | 23 | | fine of $50. The fines imposed by this Section are in addition | 24 | | to any other discipline provided under this Act prohibiting |
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| 1 | | unlicensed practice or practice on a nonrenewed license. The | 2 | | Department shall notify the person that payment of fees and | 3 | | fines shall be paid to the Department by certified check or | 4 | | money order within 30 calendar days after notification. If, | 5 | | after the expiration of 30 days from the date of the | 6 | | notification, the person has failed to submit the necessary | 7 | | remittance, the Department shall automatically terminate the | 8 | | license or certification or deny the application, without | 9 | | hearing. If, after termination or denial, the person seeks a | 10 | | license or certificate, he or she shall apply to the Department | 11 | | for restoration or issuance of the license or certificate and | 12 | | pay all fees and fines due to the Department. The Department | 13 | | may establish a fee for the processing of an application for | 14 | | restoration of a license to pay all costs and expenses of | 15 | | processing of this application. The Secretary may waive the | 16 | | fines due under this Section in individual cases where the | 17 | | Secretary finds that the fines would be unnecessarily | 18 | | burdensome. | 19 | | Section 80. Endorsement. The Department may issue a | 20 | | license as a music therapist, without administering the | 21 | | required examination, to an applicant licensed under the laws | 22 | | of another state, a U.S. territory, or another country if the | 23 | | requirements for licensure in that state, U.S. territory, or | 24 | | country are, on the date of licensure, substantially equal to | 25 | | the requirements of this Act or to a person who, at the time of |
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| 1 | | his or her application for licensure, possesses individual | 2 | | qualifications that are substantially equivalent to the | 3 | | requirements of this Act. | 4 | | An applicant under this Section shall pay all of the | 5 | | required fees.
An applicant shall have 3 years after the date | 6 | | of application to complete the application process. If the | 7 | | process has not been completed within the 3-year time period, | 8 | | the application shall be denied, the fee shall be forfeited, | 9 | | and the applicant shall be required to reapply and meet the | 10 | | requirements in effect at the time of reapplication. | 11 | | Section 85. Privileged communications and exceptions. | 12 | |
(a) No licensed music therapist shall disclose any | 13 | | information acquired from persons consulting the therapist in a | 14 | | professional capacity, except that which may be voluntarily | 15 | | disclosed under any of the following circumstances:
| 16 | | (1) In the course of formally reporting, conferring,
or | 17 | | consulting with administrative superiors, colleagues, or | 18 | | consultants who share professional responsibility, in | 19 | | which instance all recipients of the information are | 20 | | similarly bound to regard the communication as privileged. | 21 | | (2) With the written consent of the person who
provided | 22 | | the information and about whom the information concerns. | 23 | | (3) In the case of death or disability, with the
| 24 | | written consent of a personal representative. | 25 | | (4) When a communication reveals the intended
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| 1 | | commission of a crime or harmful act and such disclosure is | 2 | | judged necessary in the professional judgment of the | 3 | | licensed music therapist to protect any person from a clear | 4 | | risk of serious mental or physical harm or injury or to | 5 | | forestall a serious threat to the public safety. | 6 | | (5) When the person waives the privilege by bringing
| 7 | | any public charges or filing a lawsuit against the | 8 | | licensee. | 9 | | (b) Any person having access to records or anyone who | 10 | | participates in providing music therapy services, or in | 11 | | providing any human services, or is supervised by a licensed | 12 | | music therapist is similarly bound to regard all information | 13 | | and communications as privileged in accord with this Section.
| 14 | | Section 90. Grounds for discipline. | 15 | | (a) The Department may refuse to issue, renew, or may | 16 | | revoke, suspend, place on probation, reprimand, or take other | 17 | | disciplinary or non-disciplinary action as the Department | 18 | | deems appropriate, including the issuance of fines not to | 19 | | exceed $10,000 for each violation, with regard to any license | 20 | | for any one or more of the following: | 21 | | (1) Material misstatement in furnishing information
to | 22 | | the Department or to any other State agency. | 23 | | (2) Violations or negligent or intentional disregard
| 24 | | of this Act, or any of its rules. | 25 | | (3) Conviction by plea of guilty or nolo contendere,
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| 1 | | finding of guilt, jury verdict, or entry of judgment or | 2 | | sentencing, including, but not limited to, convictions, | 3 | | preceding sentences of supervision, conditional discharge, | 4 | | or first offender probation, under the laws of any | 5 | | jurisdiction of the United States: (i) that is a felony or | 6 | | (ii) that is a misdemeanor, an essential element of which | 7 | | is dishonesty, or that is directly related to the practice | 8 | | of music therapy.
| 9 | | (4) Making any misrepresentation for the purpose of
| 10 | | obtaining a license, or violating any provision of this Act | 11 | | or its rules. | 12 | | (5) Negligence in the rendering of music therapy
| 13 | | services. | 14 | | (6) Aiding or assisting another person in
violating any | 15 | | provision of this Act or any rules. | 16 | | (7) Failing to provide information within 60 days in
| 17 | | response to a written request made by the Department. | 18 | | (8) Engaging in dishonorable, unethical, or
| 19 | | unprofessional conduct of a character likely to deceive, | 20 | | defraud, or harm the public and violating the rules of | 21 | | professional conduct adopted by the Department. | 22 | | (9) Failing to maintain the confidentiality of any
| 23 | | information received from a client, unless otherwise | 24 | | authorized or required by law. | 25 | | (10) Failure to maintain client records of
services | 26 | | provided and provide copies to clients upon request. |
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| 1 | | (11) Exploiting a client for personal advantage,
| 2 | | profit, or interest. | 3 | | (12) Habitual or excessive use or addiction to
alcohol, | 4 | | narcotics, stimulants, or any other chemical agent or drug | 5 | | which results in inability to practice with reasonable | 6 | | skill, judgment, or safety. | 7 | | (13) Discipline by another governmental agency or
unit | 8 | | of government, by any jurisdiction of the United States, or | 9 | | by a foreign nation, if at least one of the grounds for the | 10 | | discipline is the same or substantially equivalent to those | 11 | | set forth in this Section. | 12 | | (14) Directly or indirectly giving to or receiving
from | 13 | | any person, firm, corporation, partnership, or association | 14 | | any fee, commission, rebate, or other form of compensation | 15 | | for any professional service not actually rendered. | 16 | | Nothing in this paragraph (14) affects any bona fide | 17 | | independent contractor or employment arrangements among | 18 | | health care professionals, health facilities, health care | 19 | | providers, or other entities, except as otherwise | 20 | | prohibited by law. Any employment arrangements may include | 21 | | provisions for compensation, health insurance, pension, or | 22 | | other employment benefits for the provision of services | 23 | | within the scope of the licensee's practice under this Act. | 24 | | Nothing in this paragraph (14) shall be construed to | 25 | | require an employment arrangement to receive professional | 26 | | fees for services rendered. |
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| 1 | | (15) A finding by the Department that the licensee,
| 2 | | after having the license placed on probationary status, has | 3 | | violated the terms of probation. | 4 | | (16) Failing to refer a client to other health care
| 5 | | professionals when the licensee is unable or unwilling to | 6 | | adequately support or serve the client. | 7 | | (17) Willfully filing false reports relating to a
| 8 | | licensee's practice, including, but not limited to, false | 9 | | records filed with federal or State agencies or | 10 | | departments. | 11 | | (18) Willfully failing to report an instance of
| 12 | | suspected child abuse or neglect as required by the Abused | 13 | | and Neglected Child Reporting Act. | 14 | | (19) Being named as a perpetrator in an indicated
| 15 | | report by the Department of Children and Family Services | 16 | | pursuant to the Abused and Neglected Child Reporting Act, | 17 | | and upon proof by clear and convincing evidence that the | 18 | | licensee has caused a child to be an abused child or | 19 | | neglected child as defined in the Abused and Neglected | 20 | | Child Reporting Act. | 21 | | (20) Physical or mental disability, including
| 22 | | deterioration through the aging process or loss of | 23 | | abilities and skills which results in the inability to | 24 | | practice the profession with reasonable judgment, skill, | 25 | | or safety. | 26 | | (21) Solicitation of professional services by using
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| 1 | | false or misleading advertising. | 2 | | (22) Failure to file a return, or to pay the tax,
| 3 | | penalty of interest shown in a filed return, or to pay any | 4 | | final assessment of tax, penalty or interest, as required | 5 | | by any tax Act administered by the Illinois Department of | 6 | | Revenue or any successor agency or the Internal Revenue | 7 | | Service or any successor agency. | 8 | | (23) Fraud or making any misrepresentation in
applying | 9 | | for or procuring a license under this Act or in connection | 10 | | with applying for renewal of a license under this Act. | 11 | | (24) Practicing or attempting to practice under a
name | 12 | | other than the full name as shown on the license or any | 13 | | other legally authorized name. | 14 | | (25) Gross overcharging for professional services,
| 15 | | including filing statements for collection of fees or | 16 | | monies for which services are not rendered. | 17 | | (26) Charging for professional services not rendered,
| 18 | | including filing false statements for the collection of | 19 | | fees for which services are not rendered. | 20 | | (27) Allowing one's license under this Act to be used
| 21 | | by an unlicensed person in violation of this Act. | 22 | | (b) The Department shall deny, without hearing, any | 23 | | application or renewal for a license under this Act to any | 24 | | person who has defaulted on an educational loan guaranteed by | 25 | | the Illinois State Assistance Commission; however, the | 26 | | Department may issue a license or renewal if the person in |
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| 1 | | default has established a satisfactory repayment record as | 2 | | determined by the Illinois Student Assistance Commission. | 3 | | (c) The determination by a court that a licensee is subject | 4 | | to involuntary admission or judicial admission as provided in | 5 | | the Mental Health and Developmental Disabilities Code will | 6 | | result in an automatic suspension of his or her license. The | 7 | | suspension will end upon a finding by a court that the licensee | 8 | | is no longer subject to involuntary admission or judicial | 9 | | admission, the issuance of an order so finding and discharging | 10 | | the patient, and the determination of the Secretary that the | 11 | | licensee be allowed to resume professional practice. | 12 | | (d) The Department may refuse to issue or renew or may | 13 | | suspend without hearing the license of any person who fails to | 14 | | file a return, to pay the tax penalty or interest shown in a | 15 | | filed return, or to pay any final assessment of the tax, | 16 | | penalty, or interest as required by any Act regarding the | 17 | | payment of taxes administered by the Illinois Department of | 18 | | Revenue until the requirements of the Act are satisfied in | 19 | | accordance with subsection (g) of Section 2105-15 of the Civil | 20 | | Administrative Code of Illinois. | 21 | | (e) In cases where the Department of Healthcare and Family | 22 | | Services has previously determined that a licensee or a | 23 | | potential licensee is more than 30 days delinquent in the | 24 | | payment of child support and has subsequently certified the | 25 | | delinquency to the Department, the Department may refuse to | 26 | | issue or renew or may revoke or suspend that person's license |
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| 1 | | or may take other disciplinary action against that person based | 2 | | solely upon the certification of delinquency made by the | 3 | | Department of Healthcare and Family Services in accordance with | 4 | | item (5) of subsection (a) of Section 2105-15 of the Department | 5 | | of Professional Regulation Law of the Civil Administrative Code | 6 | | of Illinois. | 7 | | (f) All fines or costs imposed under this Section shall be | 8 | | paid within 60 days after the effective date of the order | 9 | | imposing the fine or costs or in accordance with the terms set | 10 | | forth in the order imposing the fine. | 11 | | Section 95. Suspension of license for failure to pay | 12 | | restitution. The Department, without further process or | 13 | | hearing, shall suspend the license or other authorization to | 14 | | practice of any person issued under this Act who has been | 15 | | certified by court order as not having paid restitution to a | 16 | | person under Section 8A-3.5 of the Illinois Public Aid Code or | 17 | | under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or | 18 | | the Criminal Code of 2012. A person whose license or other | 19 | | authorization to practice is suspended under this Section is | 20 | | prohibited from practicing until the restitution is made in | 21 | | full. | 22 | | Section 100. Violations; injunction; cease and desist | 23 | | order.
| 24 | | (a) If any person violates the provisions of this Act, the |
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| 1 | | Secretary may, in the name of the People of the State of | 2 | | Illinois, through the Attorney General of the State of Illinois | 3 | | or the State's Attorney of any county in which the violation is | 4 | | alleged to have occurred, petition for an order enjoining the | 5 | | violation or for an order enforcing compliance with this Act. | 6 | | Upon the filing of a verified petition, the court with | 7 | | appropriate jurisdiction may issue a temporary restraining | 8 | | order without notice or bond, and may preliminarily and | 9 | | permanently enjoin the violation. If it is established that the | 10 | | person has violated or is violating the injunction, the court | 11 | | may punish the offender for contempt of court. Proceedings | 12 | | under this Section are in addition to all other remedies and | 13 | | penalties provided by this Act. | 14 | | (b) If any person holds himself or herself out as being a | 15 | | licensed music therapist under this Act and is not licensed to | 16 | | do so, then any licensed music therapist, interested party, or | 17 | | any person injured thereby may petition for relief as provided | 18 | | in subsection (a) of this Section. | 19 | | (c) Whenever, in the opinion of the Department, a person | 20 | | violates any provision of this Act, the Department may issue a | 21 | | rule to show cause why an order to cease and desist should not | 22 | | be entered against that person. The rule shall clearly set | 23 | | forth the grounds relied upon by the Department and shall allow | 24 | | at least 7 days from the date of the rule to file an answer | 25 | | satisfactory to the Department. Failure to answer to the | 26 | | satisfaction of the Department shall cause an order to cease |
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| 1 | | and desist to be issued. | 2 | | Section 105. Investigations; notice and hearing. The | 3 | | Department may investigate the actions of any applicant or any | 4 | | person holding or claiming to hold a license. The Department | 5 | | shall, before revoking, suspending, placing on probation, | 6 | | reprimanding, or taking any other disciplinary action under | 7 | | Section 90 of this Act, at least 30 days prior to the date set | 8 | | for the hearing, (i) notify the accused, in writing, of any | 9 | | charges made and the time and place for the hearing on the | 10 | | charges, (ii) direct him or her to file a written answer to the | 11 | | charges with the Department under oath within 20 days after | 12 | | service of the notice, and (iii) inform the accused that, if he | 13 | | or she fails to answer, default will be taken against him or | 14 | | her or that his or her license or certificate may be suspended, | 15 | | revoked, placed on probationary status, or other disciplinary | 16 | | action taken with regard to the license, including limiting the | 17 | | scope, nature, or extent of his or her practice, as the | 18 | | Department may deem proper. In case the person, after receiving | 19 | | notice, fails to file an answer, his or her license may, in the | 20 | | discretion of the Department, be suspended, revoked, placed on | 21 | | probationary status, or the Department may take whatever | 22 | | disciplinary action considered proper, including limiting the | 23 | | scope, nature, or extent of the person's practice or the | 24 | | imposition of a fine, without a hearing, if the act or acts | 25 | | charged constitute sufficient grounds for such action under |
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| 1 | | this Act. The written notice may be served by personal delivery | 2 | | or certified mail to the licensee's address of record. | 3 | | Section 110. Record of proceedings; transcript. The | 4 | | Department, at its expense, shall preserve a record of all | 5 | | proceedings at the formal hearing of any case. | 6 | | Section 115. Subpoenas; depositions; oaths. The Department | 7 | | may subpoena and bring before it any person in this State and | 8 | | take the oral or written testimony or compel the production of | 9 | | any books, papers, records, or any other documents that the | 10 | | Secretary or his or her designee deems relevant or material to | 11 | | any investigation or hearing conducted by the Department with | 12 | | the same fees and mileage and in the same manner as prescribed | 13 | | in civil cases in the courts of this State. The Secretary, the | 14 | | shorthand court reporter, and the designated hearing officer | 15 | | may administer oaths at any hearing which the Department | 16 | | conducts. Notwithstanding any other statute or Department rule | 17 | | to the contrary, all requests for testimony and for the | 18 | | production of documents or records shall be in accordance with | 19 | | this Act. | 20 | | Section 120. Compelling testimony. Any court, upon | 21 | | application of the Department, designated hearing officer, or | 22 | | the applicant or licensee against whom proceedings under | 23 | | Section 90 of this Act are pending, may order the attendance |
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| 1 | | and testimony of witnesses and the production of relevant | 2 | | documents, papers, files, books, and records in connection with | 3 | | any hearing or investigation. The court may compel obedience to | 4 | | its order by proceedings for contempt. | 5 | | Section 125. Findings and recommendations. At the | 6 | | conclusion of the hearing, the hearing officer shall present to | 7 | | the Secretary a written report of its findings of fact, | 8 | | conclusions of law, and recommendations. The report shall | 9 | | contain a finding whether the licensee violated this Act or | 10 | | failed to comply with the conditions required in this Act. The | 11 | | hearing officer shall specify the nature of the violation or | 12 | | failure to comply, and shall make its recommendations to the | 13 | | Secretary. The report of findings of fact, conclusions of law, | 14 | | and recommendation of the hearing officer shall be the basis | 15 | | for the Department's order for refusing to issue, restore, or | 16 | | renew a license, or for otherwise disciplining a licensee. If | 17 | | the Secretary disagrees with the recommendations of the hearing | 18 | | officer, the Secretary may issue an order in contravention of | 19 | | the hearing officer's recommendations. The finding is not | 20 | | admissible in evidence against the person in a criminal | 21 | | prosecution brought for the violation of this Act, but the | 22 | | hearing and findings are not a bar to a criminal prosecution | 23 | | brought for the violation of this Act | 24 | | Section 130. Secretary; rehearing. Whenever the Secretary |
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| 1 | | believes justice has not been done in the revocation, | 2 | | suspension, or refusal to issue or renew a license or the | 3 | | discipline of a licensee, he or she may order a rehearing. | 4 | | Section 135. Appointment of a hearing officer. The | 5 | | Secretary has the authority to appoint any attorney licensed to | 6 | | practice law in the State of Illinois to serve as the hearing | 7 | | officer in any action for refusal to issue or renew a license | 8 | | or permit or to discipline a licensee. The hearing officer has | 9 | | full authority to conduct the hearing. The hearing officer | 10 | | shall report his findings of fact, conclusions of law, and | 11 | | recommendations to the Secretary. | 12 | | Section 140. Order or certified copy; prima facie proof. | 13 | | An order or certified copy thereof, over the seal of the | 14 | | Department and purporting to be signed by the Secretary, is | 15 | | prima facie proof that: | 16 | | (1) the signature is the genuine signature of the
| 17 | | Secretary; and
| 18 | | (2) the Secretary is duly appointed and qualified. | 19 | | Section 145. Restoration of license from discipline. At any | 20 | | time after the successful completion of a term of indefinite | 21 | | probation, suspension, or revocation of a license, the | 22 | | Department may restore the license to active status, unless, | 23 | | after an investigation and a hearing, the Secretary determines |
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| 1 | | that restoration is not in the public interest. No person whose | 2 | | license has been revoked as authorized in this Act may apply | 3 | | for restoration of that license until such time as provided for | 4 | | in the Civil Administrative Code of Illinois. | 5 | | Section 150. Surrender of license. Upon the revocation or | 6 | | suspension of a license, the licensee shall immediately | 7 | | surrender his or her license to the Department. If the licensee | 8 | | fails to do so, the Department has the right to seize the | 9 | | license. | 10 | | Section 155. Summary suspension of license. The Secretary | 11 | | may summarily suspend the license of a music therapist without | 12 | | a hearing, simultaneously with the institution of proceedings | 13 | | for a hearing provided for in Section 105 of this Act, if the | 14 | | Secretary finds that the evidence indicates that the | 15 | | continuation of practice by the music therapist would | 16 | | constitute an imminent danger to the public. In the event that | 17 | | the Secretary summarily suspends the license of an individual | 18 | | without a hearing, a hearing must be held within 30 days after | 19 | | the suspension has occurred and shall be concluded as | 20 | | expeditiously as possible. | 21 | | Section 160. Administrative review; venue.
| 22 | | (a) All final administrative decisions of the Department | 23 | | are subject to judicial review pursuant to the Administrative |
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| 1 | | Review Law and its rules. The term "administrative decision" is | 2 | | defined as in Section 3-101 of the Code of Civil Procedure. | 3 | | (b) Proceedings for judicial review shall be commenced in | 4 | | the circuit court of the county in which the party applying for | 5 | | review resides, but if the party is not a resident of Illinois, | 6 | | the venue shall be in Sangamon County. | 7 | | Section 165. Certification of record; costs. The | 8 | | Department shall not be required to certify any record to the | 9 | | court, to file an answer in court, or to otherwise appear in | 10 | | any court in a judicial review proceeding, unless and until the | 11 | | Department has received from the plaintiff payment of the costs | 12 | | of furnishing and certifying the record, which costs shall be | 13 | | determined by the Department. Failure on the part of the | 14 | | plaintiff to file the receipt in court is grounds for dismissal | 15 | | of the action. | 16 | | Section 170. Violations. Unless otherwise specified, any | 17 | | person found to have violated any provision of this Act is | 18 | | guilty of a Class A misdemeanor. | 19 | | Section 175. Administrative Procedure Act; application. | 20 | | The Illinois Administrative Procedure Act is hereby expressly | 21 | | adopted and incorporated in this Act as if all of the | 22 | | provisions of such Act were included in this Act, except that | 23 | | the provision of paragraph (d) of Section 10-65 of the Illinois |
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| 1 | | Administrative Procedure Act, which provides that at hearings | 2 | | the license holder has the right to show compliance with all | 3 | | lawful requirements for retention, continuation, or renewal of | 4 | | the certificate, is specifically excluded. For the purpose of | 5 | | this Act the notice required under Section 10-25 of the | 6 | | Illinois Administrative Procedure Act is deemed sufficient | 7 | | when mailed to the last known address of a party or the address | 8 | | of record. | 9 | | Section 180. Home rule. The regulation and licensing of | 10 | | music therapists are exclusive powers and functions of the | 11 | | State. A home rule unit may not regulate or license music | 12 | | therapists. This Section is a denial and limitation of home | 13 | | rule powers and functions under subsection (h) of Section 6 of | 14 | | Article VII of the Illinois Constitution. | 15 | | Section 185. Confidentiality. All information collected by | 16 | | the Department in the course of an examination or investigation | 17 | | of a licensee or applicant, including, but not limited to, any | 18 | | complaint against a licensee filed with the Department and | 19 | | information collected to investigate any such complaint, shall | 20 | | be maintained for the confidential use of the Department and | 21 | | shall not be disclosed. The Department shall not disclose the | 22 | | information to anyone other than law enforcement officials, | 23 | | regulatory agencies that have an appropriate regulatory | 24 | | interest as determined by the Secretary, or a party presenting |
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| 1 | | a lawful subpoena to the Department. Information and documents | 2 | | disclosed to a federal, State, county, or local law enforcement | 3 | | agency shall not be disclosed by the agency for any purpose to | 4 | | any other agency or person. A formal complaint filed against a | 5 | | licensee or registrant by the Department or any other complaint | 6 | | issued by the Department against a licensee, registrant, or | 7 | | applicant shall be a public record, except as otherwise | 8 | | prohibited by law. | 9 | | Section 190. Conflict with Act. All laws and parts of laws | 10 | | in conflict with this Act are repealed.
| 11 | | Section 999. Effective date. This Act takes effect upon | 12 | | becoming law.".
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