Illinois General Assembly - Full Text of SB2243
Illinois General Assembly

Previous General Assemblies

Full Text of SB2243  102nd General Assembly

SB2243 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2243

 

Introduced 2/26/2021, by Sen. Laura M. Murphy

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Music Therapy Licensing and Practice Act. Provides for licensure of professional music therapists and clinical music therapists by the Department of Financial and Professional Regulation. Establishes the Music Therapy Advisory Committee. Establishes the powers and duties of the advisory committee, including advising the Department on all matters pertaining to licensure, education, and continuing education requirements for licensees. Establishes the powers and duties of the Department, including prescribing rules defining what constitutes an appropriate curriculum for music therapy, reviewing the qualifications of applicants for licenses, investigating alleged violations of the Act, conducting hearings on disciplinary and other matters, and establishing a schedule of fees for the administration and enforcement of the Act. Establishes qualifications for licensure as a professional music therapist and clinical music therapist. Establishes grounds for discipline of a license. Provides for civil and criminal penalties for violations of the Act. Creates provisions concerning formal hearings, including transcripts of proceedings, appointment of hearing officers, subpoenas and depositions, and rehearings. Provides for judicial review of all final administrative decisions of the Department. Preempts home rule. Effective immediately.


LRB102 17262 SPS 22733 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2243LRB102 17262 SPS 22733 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 Music
5Therapy Licensing and Practice Act.
 
6    Section 5. Declaration of public policy. The practice of
7music therapy is hereby declared to affect the public health,
8safety, and welfare and to be subject to regulation in the
9public interest. The purpose of this Act is to ensure the
10highest degree of professional conduct on the part of music
11therapists, to guarantee the availability of music therapy
12services provided by a qualified professional to persons in
13need of those services, and to protect the public from the
14practice of music therapy by unqualified individuals.
 
15    Section 10. Definitions. As used in this Act:
16    "Address of record" means the designated address recorded
17by the Department in the applicant's or licensee's application
18file or license file as maintained by the Department's
19licensure maintenance unit. It is the duty of the applicant or
20licensee to inform the Department of any change of address,
21and those changes must be made either through the Department's
22website or by contacting the Department.

 

 

SB2243- 2 -LRB102 17262 SPS 22733 b

1    "Advisory committee" means the Music Therapy Advisory
2Committee.
3    "Board-certified music therapist" means an individual who
4has completed the education and clinical training requirements
5established by the American Music Therapy Association, has
6passed the Certification Board for Music Therapists
7certification examination or transitioned into board
8certification, and remains actively certified by the
9Certification Board for Music Therapists.
10    "Department" means the Department of Financial and
11Professional Regulation.
12    "Licensed clinical music therapist" means a person
13licensed to practice music therapy, and additionally includes
14the assessment, evaluation, therapeutic intervention, and the
15primary, parallel, or adjunctive treatment of mental,
16emotional, developmental, and behavioral disorders through the
17use of music.
18    "Licensed professional music therapist" means a person
19licensed to practice music therapy.
20    "Music therapy" means the clinical and evidence-based use
21of music interventions to accomplish individualized goals for
22people of all ages and ability levels within a therapeutic
23relationship through the development of music therapy
24treatment plans specific to the needs and strengths of the
25client who may be seen individually or in groups. Music
26therapy interventions may include music improvisation,

 

 

SB2243- 3 -LRB102 17262 SPS 22733 b

1receptive music listening, song writing, lyric discussion,
2music and imagery, singing, music performance, learning
3through music, music combined with other arts, music-assisted
4relaxation, music-based education, electronic music
5technology, adapted music interventions, and movement to
6music. The practice of music therapy does not include the
7screening, diagnosis, or assessment of any physical, mental,
8or communication disorder.
9    "Person" means an individual, association, partnership, or
10corporation.
11    "Secretary" means the Secretary of Financial and
12Professional Regulation or his or her designee.
 
13    Section 15. Music Therapy Advisory Committee. There is
14created within the Department a Music Therapy Advisory
15Committee, which shall consist of 5 members. The Secretary
16shall appoint all members of the advisory committee. The
17advisory committee shall consist of persons familiar with the
18practice of music therapy to provide the Secretary with
19expertise and assistance in carrying out his or her duties
20pursuant to this Act. The Secretary shall appoint members of
21the advisory committee to serve for terms of 4 years, and
22members may serve consecutive terms at the will of the
23Secretary. Any vacancy shall be filled in the same manner as a
24regular appointment. The Secretary shall appoint 2 members who
25practice as clinical music therapists in this State, one

 

 

SB2243- 4 -LRB102 17262 SPS 22733 b

1member who practices as a professional music therapist in this
2State, one member who is a licensed health care provider who is
3not a music therapist, and one member who is a consumer.
4Members shall serve without compensation.
 
5    Section 20. Music Therapy Advisory Committee; powers and
6duties.
7    (a) The advisory committee shall meet at least once per
8year or as otherwise called by the Secretary.
9    (b) The Secretary shall consult with the advisory
10committee before setting or changing fees under this Act.
11    (c) The advisory committee may facilitate the development
12of materials that the Secretary may utilize to educate the
13public concerning professional and clinical music therapist
14licensure, the benefits of music therapy, and the utilization
15of music therapy by individuals and in facilities or
16institutional settings.
17    (d) The advisory committee may act as a facilitator of
18statewide dissemination of information between music
19therapists, the American Music Therapy Association or any
20successor organization, the Certification Board for Music
21Therapists or any successor organization, and the Secretary.
22    (e) The advisory committee shall provide an analysis of
23disciplinary actions, appeals and denials, and license
24revocations at least once per year.
25    (f) The Secretary shall seek the advice of the advisory

 

 

SB2243- 5 -LRB102 17262 SPS 22733 b

1committee for issues related to music therapy.
2    (g) The advisory committee shall advise the Department on
3all matters pertaining to the licensure, education, continuing
4education requirements for, and practice of music therapy in
5this State.
6    (h) The advisory committee shall assist and advise the
7Department in all hearings involving music therapists who are
8alleged to be in violation of this Act.
 
9    Section 25. Exemptions.
10    (a) This Act does not prohibit any persons legally
11regulated in this State by any other Act from engaging in the
12practice for which they are authorized as long as they do not
13represent themselves by the title of "music therapist",
14"licensed professional music therapist", or "licensed clinical
15music therapist". This Act does not prohibit the practice of
16unregulated professions whose practitioners are engaged in the
17delivery of human services as long as these practitioners do
18not represent themselves as or use the title of "music
19therapist", "licensed professional music therapist", or
20"licensed clinical music therapist".
21    (b) Nothing in this Act shall be construed to limit the
22activities and services of a student enrolled in an accredited
23music therapy program if these activities and services
24constitute an integral part of the student's supervised course
25of study as long as the student does not represent himself or

 

 

SB2243- 6 -LRB102 17262 SPS 22733 b

1herself as a "music therapist", "licensed professional music
2therapist", or "licensed clinical music therapist".
 
3    Section 30. Restrictions and limitations. No person shall,
4without a valid license as a professional music therapist or
5clinical music therapist issued by the Department, (i) in any
6manner hold himself or herself out to the public as a music
7therapist under this Act; (ii) use in connection with his or
8her name or place of business the title "music therapist",
9"licensed professional music therapist", "licensed clinical
10music therapist", or any words, letters, abbreviations, or
11insignia indicating or implying a person has met the
12qualifications for or has the license issued under this Act;
13or (iii) offer to render or render to individuals,
14corporations, or the public music therapy services if the
15words "music therapist", "licensed professional music
16therapist", or "licensed clinical music therapist" are used to
17describe the person offering to render or rendering them or
18"music therapy" is used to describe the services rendered or
19offered to be rendered.
 
20    Section 35. Collaboration. Before a licensed professional
21music therapist provides music therapy services to a client
22for an identified clinical or developmental need, the licensee
23shall review the client's diagnosis, treatment needs, and
24treatment plan with the health care providers involved in the

 

 

SB2243- 7 -LRB102 17262 SPS 22733 b

1client's care. Before a licensed professional music therapist
2provides music therapy services to a student for an identified
3educational need in a special education setting, the licensee
4shall review with the individualized family service plan or
5individualized education program team the student's diagnosis,
6treatment needs, and treatment plan. During the provision of
7music therapy services to a client, the licensed professional
8music therapist shall collaborate, as applicable, with the
9client's treatment team, including the client's physician,
10psychologist, licensed clinical social worker, or other mental
11health professional. During the provision of music therapy
12services to a client with a communication disorder, the
13licensed professional music therapist shall collaborate and
14discuss the music therapy treatment plan with the client's
15audiologist or speech-language pathologist.
 
16    Section 40. Unlicensed practice; violation; civil penalty.
17    (a) Any person who practices, offers to practice, attempts
18to practice, or holds himself or herself out to practice as a
19music therapist without being licensed or exempt under this
20Act shall, in addition to any other penalty provided by law,
21pay a civil penalty to the Department in an amount not to
22exceed $10,000 for each offense, as determined by the
23Department. The civil penalty shall be assessed by the
24Department after a hearing is held in accordance with the
25provisions set forth in this Act regarding the provision of a

 

 

SB2243- 8 -LRB102 17262 SPS 22733 b

1hearing for the discipline of a licensee.
2    (b) The Department may investigate any actual, alleged, or
3suspected unlicensed activity.
4    (c) The civil penalty shall be paid within 60 days after
5the effective date of the order imposing the civil penalty.
6The order shall constitute a final judgment and may be filed
7and execution had thereon in the same manner as any judgment
8from any court of record.
 
9    Section 45. Powers and duties of the Department. Subject
10to the provisions of this Act, the Department shall:
11        (1) adopt rules defining what constitutes a curriculum
12    for music therapy that is reputable and in good standing;
13        (2) adopt rules providing for the establishment of a
14    uniform and reasonable standard of instruction and
15    maintenance to be observed by all curricula for music
16    therapy that are approved by the Department and determine
17    the reputability and good standing of such curricula for
18    music therapy by reference to compliance with the rules,
19    provided that no school of music therapy that refuses
20    admittance to applicants solely on account of race, color,
21    creed, sex, or national origin shall be considered
22    reputable and in good standing;
23        (3) adopt and publish rules for a method of
24    examination of candidates for licensed professional music
25    therapists and licensed clinical music therapists and for

 

 

SB2243- 9 -LRB102 17262 SPS 22733 b

1    issuance of licenses authorizing candidates upon passing
2    examination to practice as licensed professional music
3    therapists and licensed clinical music therapists;
4        (4) review applications to ascertain the
5    qualifications of applicants for licenses;
6        (5) authorize examinations to ascertain the
7    qualifications of those applicants who require such
8    examinations as a component of a license;
9        (6) conduct hearings on proceedings to refuse to issue
10    or renew or to revoke licenses or suspend, place on
11    probation, censure, or reprimand persons licensed under
12    this Act and to refuse to issue or renew or to revoke
13    licenses or suspend, place on probation, censure, or
14    reprimand persons licensed under this Act;
15        (7) adopt rules necessary for the administration of
16    this Act; and
17        (8) maintain a list of licensed professional music
18    therapists and licensed clinical music therapists
19    authorized to practice in this State; this list shall show
20    the name of every licensee, his or her last known place of
21    residence, and the date and number of his or her license;
22    any interested person in this State may obtain a copy of
23    that list on application to the Department and payment of
24    the required fee.
 
25    Section 50. Application for original license. Applications

 

 

SB2243- 10 -LRB102 17262 SPS 22733 b

1for original licenses shall be made to the Department on forms
2prescribed by the Department and accompanied by the required
3fee, which is not refundable. All applications shall contain
4such information that, in the judgment of the Department, will
5enable the Department to approve or disapprove of the
6qualifications of the applicant for a license to practice as a
7professional music therapist or clinical music therapist. If
8an applicant fails to obtain a license under this Act within 3
9years after filing his or her application, the application
10shall be denied. The applicant may make a new application,
11which shall be accompanied by the required nonrefundable fee.
12The applicant shall be required to meet the qualifications
13required for licensure at the time of reapplication.
 
14    Section 55. Social Security Number on license application.
15In addition to any other information required to be contained
16in the application, every application for an original license
17under this Act shall include the applicant's Social Security
18Number, which shall be retained in the Department's records
19pertaining to the license. As soon as practical, the
20Department shall assign a customer's identification number to
21each applicant for a license. Every application for a renewal,
22reinstated, or restored license shall require the applicant's
23customer identification number.
 
24    Section 60. Qualifications for licensure.

 

 

SB2243- 11 -LRB102 17262 SPS 22733 b

1    (a) The Secretary shall issue a license to an applicant
2for a professional music therapist license if such applicant
3has completed and submitted an application form in such manner
4as the Secretary prescribes, accompanied by applicable fees,
5and evidence satisfactory to the Secretary that:
6        (1) the applicant has received a baccalaureate degree
7    in music therapy, or its equivalent, from a program
8    approved by the American Music Therapy Association or any
9    successor organization within an accredited college or
10    university;
11        (2) the applicant has completed at least 1,200 hours
12    of supervised clinical training experience in music
13    therapy, with not less than 180 hours of pre-internship
14    experience and not less than 900 hours of internship
15    experience, provided that the internship is approved by an
16    academic institution or the American Music Therapy
17    Association or any successor organization;
18        (3) the applicant is at least 18 years of age;
19        (4) the applicant is in good standing based on a
20    review of any music therapy licensure history the
21    applicant may have in other jurisdictions, including any
22    alleged misconduct or neglect in the practice of music
23    therapy; and
24        (5) the applicant provides proof of passing the
25    examination for board certification offered by the
26    Certification Board for Music Therapists or any successor

 

 

SB2243- 12 -LRB102 17262 SPS 22733 b

1    organization, provides proof of being transitioned into
2    board certification, and provides proof that the applicant
3    is currently a board-certified music therapist.
4    (b) The Secretary shall issue a license to an applicant
5for a clinical music therapist license if such applicant has
6completed and submitted an application form in such manner as
7the Secretary prescribes, accompanied by applicable fees, and
8evidence satisfactory to the Secretary that:
9        (1) the applicant has received a master's degree or
10    higher in music therapy or a related field from an
11    accredited college or university;
12        (2) the applicant has completed at least 300 hours of
13    master's level supervised experience in music therapy;
14        (3) the applicant provides proof of passing the
15    examination for board certification offered by the
16    Certification Board for Music Therapists or any successor
17    organization, provides proof of being transitioned into
18    board certification, and provides proof that the applicant
19    is currently a board-certified music therapist; and
20        (4) the applicant is at least 21 years of age.
21    (c) The Secretary shall issue a license to an applicant
22for a professional music therapist license or clinical music
23therapist license if such applicant has completed and
24submitted an application upon a form and in such a manner as
25the Secretary prescribes, accompanied by any applicable fees,
26and evidence satisfactory to the Secretary that the applicant

 

 

SB2243- 13 -LRB102 17262 SPS 22733 b

1is licensed and in good standing as a music therapist in
2another jurisdiction where the qualifications required are
3equal to or greater than those required by this Act at the date
4of application.
 
5    Section 65. License renewal.
6    (a) Every license issued under this Act shall be renewed
7biennially. A license shall be renewed upon payment of a
8renewal fee, provided that the applicant is not in violation
9of any of the terms of this Act at the time of application for
10renewal. The following shall also be required for license
11renewal:
12        (1) proof of maintenance of the applicant's status as
13    a board-certified music therapist; and
14        (2) proof of completion of a minimum of 40 hours of
15    continuing education in a program approved by the
16    Certification Board for Music Therapists or any successor
17    organization and any other continuing education
18    requirements established by the Secretary.
19    (b) A licensee shall inform the Secretary of any changes
20to his or her address. Each licensee shall be responsible for
21timely renewal of his or her license.
22    (c) Failure to renew a license shall result in forfeiture
23of the license. Licenses that have been forfeited may be
24restored within one year after the expiration date upon
25payment of renewal and restoration fees. Failure to restore a

 

 

SB2243- 14 -LRB102 17262 SPS 22733 b

1forfeited license within one year after the date of its
2expiration shall result in the automatic termination of the
3license, and the Secretary may require the individual to
4reapply for licensure as a new applicant.
5    (d) Upon written request of a licensee, the Secretary may
6place an active license on an inactive status subject to an
7inactive status fee established by the Secretary. The
8licensee, upon request and payment of the inactive license
9fee, may continue on inactive status for a period up to 2
10years. An inactive license may be reactivated at any time by
11making a written request to the Secretary and by fulfilling
12the requirements established by the Secretary.
 
13    Section 70. Inactive status. A person who notifies the
14Department in writing on forms prescribed by the Department
15may elect to place his or her license on inactive status and
16shall, subject to rule of the Department, be excused from
17payment of renewal fees until he or she notifies the
18Department, in writing, of his or her desire to resume active
19status. A person requesting restoration from inactive status
20shall be required to pay the current renewal fee and shall be
21required to restore his or her license. Practice by an
22individual whose license is on inactive status shall be
23considered to be the unlicensed practice of music therapy and
24shall be grounds for discipline under this Act.
 

 

 

SB2243- 15 -LRB102 17262 SPS 22733 b

1    Section 75. Fees; deposit of fees. The Department shall,
2by rule, establish a schedule of fees for the administration
3and enforcement of this Act. These fees shall be
4nonrefundable. All of the fees and fines collected under this
5Act shall be deposited into the General Professions Dedicated
6Fund. The moneys deposited into the General Professions
7Dedicated Fund shall be used by the Department, as
8appropriate, for the ordinary and contingent expenses of the
9Department. Moneys in the General Professions Dedicated Fund
10may be invested and reinvested, with all earnings received
11from these investments being deposited into that Fund and used
12for the same purposes as the fees and fines deposited in that
13Fund.
 
14    Section 80. Checks or orders dishonored. Any person who
15issues or delivers a check or other order to the Department
16that is returned to the Department unpaid by the financial
17institution upon which it is drawn shall pay to the
18Department, in addition to the amount already owed to the
19Department, a fine of $50. The fines imposed by this Section
20are in addition to any other discipline provided under this
21Act prohibiting unlicensed practice or practice on a
22nonrenewed license. The Department shall notify the person
23that payment of fees and fines shall be paid to the Department
24by certified check or money order within 30 calendar days
25after notification. If, after the expiration of 30 days from

 

 

SB2243- 16 -LRB102 17262 SPS 22733 b

1the date of the notification, the person has failed to submit
2the necessary remittance, the Department shall automatically
3terminate the license or certification or deny the
4application, without hearing. If, after termination or denial,
5the person seeks a license or certificate, he or she shall
6apply to the Department for restoration or issuance of the
7license or certificate and pay all fees and fines due to the
8Department. The Department may establish a fee for the
9processing of an application for restoration of a license to
10pay all costs and expenses of processing of this application.
11The Secretary may waive the fines due under this Section in
12individual cases where the Secretary finds that the fines
13would be unnecessarily burdensome.
 
14    Section 85. Endorsement. The Department may issue a
15license as a professional music therapist or clinical music
16therapist, without administering the required examination, to
17an applicant licensed under the laws of another state, a U.S.
18territory, or another country if the requirements for
19licensure in that state, U.S. territory, or country are, on
20the date of licensure, substantially equal to the requirements
21of this Act or to a person who, at the time of his or her
22application for licensure, possesses individual qualifications
23that are substantially equivalent to the requirements of this
24Act. An applicant under this Section shall pay all of the
25required fees. An applicant shall have 3 years after the date

 

 

SB2243- 17 -LRB102 17262 SPS 22733 b

1of application to complete the application process. If the
2process has not been completed within the 3-year time period,
3the application shall be denied, the fee shall be forfeited,
4and the applicant shall be required to reapply and meet the
5requirements in effect at the time of reapplication.
 
6    Section 90. Privileged communications and exceptions.
7    (a) No licensed professional music therapist or licensed
8clinical music therapist shall disclose any information
9acquired from persons consulting the therapist in a
10professional capacity, except that which may be voluntarily
11disclosed under any of the following circumstances:
12        (1) In the course of formally reporting, conferring,
13    or consulting with administrative superiors, colleagues,
14    or consultants who share professional responsibility, in
15    which instance all recipients of the information are
16    similarly bound to regard the communication as privileged.
17        (2) With the written consent of the person who
18    provided the information and about whom the information
19    concerns.
20        (3) In the case of death or disability, with the
21    written consent of a personal representative.
22        (4) When a communication reveals the intended
23    commission of a crime or harmful act and such disclosure
24    is judged necessary in the professional judgment of the
25    licensed professional music therapist or licensed clinical

 

 

SB2243- 18 -LRB102 17262 SPS 22733 b

1    music therapist to protect any person from a clear risk of
2    serious mental or physical harm or injury or to forestall
3    a serious threat to the public safety.
4        (5) When the person waives the privilege by bringing
5    any public charges or filing a lawsuit against the
6    licensee.
7    (b) Any person having access to records or anyone who
8participates in providing music therapy services, or in
9providing any human services, or is supervised by a licensed
10professional music therapist or licensed clinical music
11therapist is similarly bound to regard all information and
12communications as privileged in accord with this Section.
 
13    Section 95. Grounds for discipline.
14    (a) The Department may refuse to issue, renew, or may
15revoke, suspend, place on probation, reprimand, or take other
16disciplinary or non-disciplinary action as the Department
17deems appropriate, including the issuance of fines not to
18exceed $10,000 for each violation, with regard to any license
19for any one or more of the following:
20        (1) Material misstatement in furnishing information to
21    the Department or to any other State agency.
22        (2) Violations or negligent or intentional disregard
23    of this Act, or any of its rules.
24        (3) Conviction by plea of guilty or nolo contendere,
25    finding of guilt, jury verdict, or entry of judgment or

 

 

SB2243- 19 -LRB102 17262 SPS 22733 b

1    sentencing, including, but not limited to, convictions,
2    preceding sentences of supervision, conditional discharge,
3    or first offender probation, under the laws of any
4    jurisdiction of the United States: (i) that is a felony or
5    (ii) that is a misdemeanor, an essential element of which
6    is dishonesty, or that is directly related to the practice
7    of music therapy.
8        (4) Making any misrepresentation for the purpose of
9    obtaining a license, or violating any provision of this
10    Act or its rules.
11        (5) Negligence in the rendering of music therapy
12    services.
13        (6) Aiding or assisting another person in violating
14    any provision of this Act or any rules.
15        (7) Failing to provide information within 60 days in
16    response to a written request made by the Department.
17        (8) Engaging in dishonorable, unethical, or
18    unprofessional conduct of a character likely to deceive,
19    defraud, or harm the public and violating the rules of
20    professional conduct adopted by the Department.
21        (9) Failing to maintain the confidentiality of any
22    information received from a client, unless otherwise
23    authorized or required by law.
24        (10) Failure to maintain client records of services
25    provided and provide copies to clients upon request.
26        (11) Exploiting a client for personal advantage,

 

 

SB2243- 20 -LRB102 17262 SPS 22733 b

1    profit, or interest.
2        (12) Habitual or excessive use or addiction to
3    alcohol, narcotics, stimulants, or any other chemical
4    agent or drug which results in inability to practice with
5    reasonable skill, judgment, or safety.
6        (13) Discipline by another governmental agency or unit
7    of government, by any jurisdiction of the United States,
8    or by a foreign nation, if at least one of the grounds for
9    the discipline is the same or substantially equivalent to
10    those set forth in this Section.
11        (14) Directly or indirectly giving to or receiving
12    from any person, firm, corporation, partnership, or
13    association any fee, commission, rebate, or other form of
14    compensation for any professional service not actually
15    rendered. Nothing in this paragraph (14) affects any bona
16    fide independent contractor or employment arrangements
17    among health care professionals, health facilities, health
18    care providers, or other entities, except as otherwise
19    prohibited by law. Any employment arrangements may include
20    provisions for compensation, health insurance, pension, or
21    other employment benefits for the provision of services
22    within the scope of the licensee's practice under this
23    Act. Nothing in this paragraph (14) shall be construed to
24    require an employment arrangement to receive professional
25    fees for services rendered.
26        (15) A finding by the Department that the licensee,

 

 

SB2243- 21 -LRB102 17262 SPS 22733 b

1    after having the license placed on probationary status,
2    has violated the terms of probation.
3        (16) Failing to refer a client to other health care
4    professionals when the licensee is unable or unwilling to
5    adequately support or serve the client.
6        (17) Willfully filing false reports relating to a
7    licensee's practice, including, but not limited to, false
8    records filed with federal or State agencies or
9    departments.
10        (18) Willfully failing to report an instance of
11    suspected child abuse or neglect as required by the Abused
12    and Neglected Child Reporting Act.
13        (19) Being named as a perpetrator in an indicated
14    report by the Department of Children and Family Services
15    pursuant to the Abused and Neglected Child Reporting Act,
16    and upon proof by clear and convincing evidence that the
17    licensee has caused a child to be an abused child or
18    neglected child as defined in the Abused and Neglected
19    Child Reporting Act.
20        (20) Physical or mental disability, including
21    deterioration through the aging process or loss of
22    abilities and skills which results in the inability to
23    practice the profession with reasonable judgment, skill,
24    or safety.
25        (21) Solicitation of professional services by using
26    false or misleading advertising.

 

 

SB2243- 22 -LRB102 17262 SPS 22733 b

1        (22) Failure to file a return, or to pay the tax,
2    penalty of interest shown in a filed return, or to pay any
3    final assessment of tax, penalty or interest, as required
4    by any tax Act administered by the Illinois Department of
5    Revenue or any successor agency or the Internal Revenue
6    Service or any successor agency.
7        (23) Fraud or making any misrepresentation in applying
8    for or procuring a license under this Act or in connection
9    with applying for renewal of a license under this Act.
10        (24) Practicing or attempting to practice under a name
11    other than the full name as shown on the license or any
12    other legally authorized name.
13        (25) Gross overcharging for professional services,
14    including filing statements for collection of fees or
15    moneys for which services are not rendered.
16        (26) Charging for professional services not rendered,
17    including filing false statements for the collection of
18    fees for which services are not rendered.
19        (27) Allowing one's license under this Act to be used
20    by an unlicensed person in violation of this Act.
21    (b) The Department shall deny, without hearing, any
22application or renewal for a license under this Act to any
23person who has defaulted on an educational loan guaranteed by
24the Illinois State Assistance Commission; however, the
25Department may issue a license or renewal if the person in
26default has established a satisfactory repayment record as

 

 

SB2243- 23 -LRB102 17262 SPS 22733 b

1determined by the Illinois Student Assistance Commission.
2    (c) The determination by a court that a licensee is
3subject to involuntary admission or judicial admission as
4provided in the Mental Health and Developmental Disabilities
5Code will result in an automatic suspension of his or her
6license. The suspension will end upon a finding by a court that
7the licensee is no longer subject to involuntary admission or
8judicial admission, the issuance of an order so finding and
9discharging the patient, and the determination of the
10Secretary that the licensee be allowed to resume professional
11practice.
12    (d) The Department may refuse to issue or renew or may
13suspend without hearing the license of any person who fails to
14file a return, to pay the tax penalty or interest shown in a
15filed return, or to pay any final assessment of the tax,
16penalty, or interest as required by any Act regarding the
17payment of taxes administered by the Illinois Department of
18Revenue until the requirements of the Act are satisfied in
19accordance with subsection (g) of Section 2105-15 of the Civil
20Administrative Code of Illinois.
21    (e) In cases where the Department of Healthcare and Family
22Services has previously determined that a licensee or a
23potential licensee is more than 30 days delinquent in the
24payment of child support and has subsequently certified the
25delinquency to the Department, the Department may refuse to
26issue or renew or may revoke or suspend that person's license

 

 

SB2243- 24 -LRB102 17262 SPS 22733 b

1or may take other disciplinary action against that person
2based solely upon the certification of delinquency made by the
3Department of Healthcare and Family Services in accordance
4with item (5) of subsection (a) of Section 2105-15 of the
5Department of Professional Regulation Law of the Civil
6Administrative Code of Illinois.
7    (f) All fines or costs imposed under this Section shall be
8paid within 60 days after the effective date of the order
9imposing the fine or costs or in accordance with the terms set
10forth in the order imposing the fine.
 
11    Section 100. Suspension of license for failure to pay
12restitution. The Department, without further process or
13hearing, shall suspend the license or other authorization to
14practice of any person issued under this Act who has been
15certified by court order as not having paid restitution to a
16person under Section 8A-3.5 of the Illinois Public Aid Code or
17under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or
18the Criminal Code of 2012. A person whose license or other
19authorization to practice is suspended under this Section is
20prohibited from practicing until the restitution is made in
21full.
 
22    Section 105. Violations; injunction; cease and desist
23order.
24    (a) If any person violates the provisions of this Act, the

 

 

SB2243- 25 -LRB102 17262 SPS 22733 b

1Secretary may, in the name of the People of the State of
2Illinois, through the Attorney General of the State of
3Illinois or the State's Attorney of any county in which the
4violation is alleged to have occurred, petition for an order
5enjoining the violation or for an order enforcing compliance
6with this Act. Upon the filing of a verified petition, the
7court with appropriate jurisdiction may issue a temporary
8restraining order without notice or bond, and may
9preliminarily and permanently enjoin the violation. If it is
10established that the person has violated or is violating the
11injunction, the court may punish the offender for contempt of
12court. Proceedings under this Section are in addition to all
13other remedies and penalties provided by this Act.
14    (b) If any person holds himself or herself out as being a
15licensed professional music therapist or licensed clinical
16music therapist under this Act and is not licensed to do so,
17then any licensed professional music therapist, licensed
18clinical music therapist, interested party, or any person
19injured thereby may petition for relief as provided in
20subsection (a) of this Section.
21    (c) Whenever, in the opinion of the Department, a person
22violates any provision of this Act, the Department may issue a
23rule to show cause why an order to cease and desist should not
24be entered against that person. The rule shall clearly set
25forth the grounds relied upon by the Department and shall
26allow at least 7 days from the date of the rule to file an

 

 

SB2243- 26 -LRB102 17262 SPS 22733 b

1answer satisfactory to the Department. Failure to answer to
2the satisfaction of the Department shall cause an order to
3cease and desist to be issued.
 
4    Section 110. Investigations; notice and hearing. The
5Department may investigate the actions of any applicant or any
6person holding or claiming to hold a license. The Department
7shall, before revoking, suspending, placing on probation,
8reprimanding, or taking any other disciplinary action under
9Section 95, at least 30 days before the date set for the
10hearing, (i) notify the accused, in writing, of any charges
11made and the time and place for the hearing on the charges,
12(ii) direct him or her to file a written answer to the charges
13with the Department under oath within 20 days after service of
14the notice, and (iii) inform the accused that, if he or she
15fails to answer, default will be taken against him or her or
16that his or her license or certificate may be suspended,
17revoked, placed on probationary status, or other disciplinary
18action taken with regard to the license, including limiting
19the scope, nature, or extent of his or her practice, as the
20Department may deem proper. In case the person, after
21receiving notice, fails to file an answer, his or her license
22may, in the discretion of the Department, be suspended,
23revoked, placed on probationary status, or the Department may
24take whatever disciplinary action considered proper, including
25limiting the scope, nature, or extent of the person's practice

 

 

SB2243- 27 -LRB102 17262 SPS 22733 b

1or the imposition of a fine, without a hearing, if the act or
2acts charged constitute sufficient grounds for such action
3under this Act. The written notice may be served by personal
4delivery or certified mail to the licensee's address of
5record.
 
6    Section 115. Record of proceedings; transcript. The
7Department, at its expense, shall preserve a record of all
8proceedings at the formal hearing of any case.
 
9    Section 120. Subpoenas; depositions; oaths. The Department
10may subpoena and bring before it any person in this State and
11take the oral or written testimony or compel the production of
12any books, papers, records, or any other documents that the
13Secretary or his or her designee deems relevant or material to
14any investigation or hearing conducted by the Department with
15the same fees and mileage and in the same manner as prescribed
16in civil cases in the courts of this State. The Secretary, the
17shorthand court reporter, and the designated hearing officer
18may administer oaths at any hearing which the Department
19conducts. Notwithstanding any other statute or Department rule
20to the contrary, all requests for testimony and for the
21production of documents or records shall be in accordance with
22this Act.
 
23    Section 125. Compelling testimony. Any court, upon

 

 

SB2243- 28 -LRB102 17262 SPS 22733 b

1application of the Department, designated hearing officer, or
2the applicant or licensee against whom proceedings under
3Section 95 of this Act are pending, may order the attendance
4and testimony of witnesses and the production of relevant
5documents, papers, files, books, and records in connection
6with any hearing or investigation. The court may compel
7obedience to its order by proceedings for contempt.
 
8    Section 130. Findings and recommendations. At the
9conclusion of the hearing, the hearing officer shall present
10to the Secretary a written report of its findings of fact,
11conclusions of law, and recommendations. The report shall
12contain a finding whether the licensee violated this Act or
13failed to comply with the conditions required in this Act. The
14hearing officer shall specify the nature of the violation or
15failure to comply, and shall make its recommendations to the
16Secretary. The report of findings of fact, conclusions of law,
17and recommendation of the hearing officer shall be the basis
18for the Department's order for refusing to issue, restore, or
19renew a license, or for otherwise disciplining a licensee. If
20the Secretary disagrees with the recommendations of the
21hearing officer, the Secretary may issue an order in
22contravention of the hearing officer's recommendations. The
23finding is not admissible in evidence against the person in a
24criminal prosecution brought for the violation of this Act,
25but the hearing and findings are not a bar to a criminal

 

 

SB2243- 29 -LRB102 17262 SPS 22733 b

1prosecution brought for the violation of this Act.
 
2    Section 135. Secretary; rehearing. Whenever the Secretary
3believes justice has not been done in the revocation,
4suspension, or refusal to issue or renew a license or the
5discipline of a licensee, he or she may order a rehearing.
 
6    Section 140. Appointment of a hearing officer. The
7Secretary has the authority to appoint any attorney licensed
8to practice law in the State of Illinois to serve as the
9hearing officer in any action for refusal to issue or renew a
10license or permit or to discipline a licensee. The hearing
11officer has full authority to conduct the hearing. The hearing
12officer shall report his findings of fact, conclusions of law,
13and recommendations to the Secretary.
 
14    Section 145. Order or certified copy; prima facie proof.
15An order or certified copy thereof, over the seal of the
16Department and purporting to be signed by the Secretary, is
17prima facie proof that: (1) the signature is the genuine
18signature of the Secretary; and (2) the Secretary is duly
19appointed and qualified.
 
20    Section 150. Restoration of license from discipline. At
21any time after the successful completion of a term of
22indefinite probation, suspension, or revocation of a license,

 

 

SB2243- 30 -LRB102 17262 SPS 22733 b

1the Department may restore the license to active status,
2unless, after an investigation and a hearing, the Secretary
3determines that restoration is not in the public interest. No
4person whose license has been revoked as authorized in this
5Act may apply for restoration of that license until authorized
6to do so under the Civil Administrative Code of Illinois.
 
7    Section 155. Surrender of license. Upon the revocation or
8suspension of a license, the licensee shall immediately
9surrender his or her license to the Department. If the
10licensee fails to do so, the Department has the right to seize
11the license.
 
12    Section 160. Summary suspension of license. The Secretary
13may summarily suspend the license of a music therapist without
14a hearing, simultaneously with the institution of proceedings
15for a hearing provided for in Section 110 of this Act, if the
16Secretary finds that the evidence indicates that the
17continuation of practice by the professional music therapist
18or clinical music therapist would constitute an imminent
19danger to the public. If the Secretary summarily suspends the
20license of an individual without a hearing, a hearing must be
21held within 30 days after the suspension has occurred and
22shall be concluded as expeditiously as possible.
 
23    Section 165. Administrative review; venue.

 

 

SB2243- 31 -LRB102 17262 SPS 22733 b

1    (a) All final administrative decisions of the Department
2are subject to judicial review pursuant to the Administrative
3Review Law and its rules. "Administrative decision" has the
4meaning given to that term in Section 3-101 of the Code of
5Civil Procedure.
6    (b) Proceedings for judicial review shall be commenced in
7the circuit court of the county in which the party applying for
8review resides, but if the party is not a resident of Illinois,
9the venue shall be in Sangamon County.
 
10    Section 170. Certification of record; costs. The
11Department shall not be required to certify any record to the
12court, to file an answer in court, or to otherwise appear in
13any court in a judicial review proceeding, unless and until
14the Department has received from the plaintiff payment of the
15costs of furnishing and certifying the record, which costs
16shall be determined by the Department. Failure on the part of
17the plaintiff to file the receipt in court is grounds for
18dismissal of the action.
 
19    Section 175. Violations. Unless otherwise specified, any
20person found to have violated any provision of this Act is
21guilty of a Class A misdemeanor.
 
22    Section 180. Administrative Procedure Act; application.
23The Illinois Administrative Procedure Act is hereby expressly

 

 

SB2243- 32 -LRB102 17262 SPS 22733 b

1adopted and incorporated in this Act as if all of the
2provisions of such Act were included in this Act, except that
3the provision of paragraph (d) of Section 10-65 of the
4Illinois Administrative Procedure Act, which provides that at
5hearings the license holder has the right to show compliance
6with all lawful requirements for retention, continuation, or
7renewal of the certificate, is specifically excluded. For the
8purpose of this Act the notice required under Section 10-25 of
9the Illinois Administrative Procedure Act is deemed sufficient
10when mailed to the last known address of a party or the address
11of record.
 
12    Section 185. Home rule. The regulation and licensing of
13professional music therapists and clinical music therapists
14are exclusive powers and functions of the State. A home rule
15unit may not regulate or license professional music therapists
16or clinical music therapists. This Section is a denial and
17limitation of home rule powers and functions under subsection
18(h) of Section 6 of Article VII of the Illinois Constitution.
 
19    Section 190. Confidentiality. All information collected by
20the Department in the course of an examination or
21investigation of a licensee or applicant, including, but not
22limited to, any complaint against a licensee filed with the
23Department and information collected to investigate any such
24complaint, shall be maintained for the confidential use of the

 

 

SB2243- 33 -LRB102 17262 SPS 22733 b

1Department and shall not be disclosed. The Department shall
2not disclose the information to anyone other than law
3enforcement officials, regulatory agencies that have an
4appropriate regulatory interest as determined by the
5Secretary, or a party presenting a lawful subpoena to the
6Department. Information and documents disclosed to a federal,
7State, county, or local law enforcement agency shall not be
8disclosed by the agency for any purpose to any other agency or
9person. A formal complaint filed against a licensee or
10registrant by the Department or any other complaint issued by
11the Department against a licensee, registrant, or applicant
12shall be a public record, except as otherwise prohibited by
13law.
 
14    Section 195. Conflict with Act. In the case of a conflict
15between this Act and any other law or part of law, this Act
16controls.
 
17    Section 999. Effective date. This Act takes effect upon
18becoming law.