Full Text of SB2243 102nd General Assembly
SB2243eng 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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 | | music therapy is hereby declared to affect the public health, | 8 | | safety, and welfare and to be subject to regulation in the | 9 | | public interest. The purpose of this Act is to ensure the | 10 | | highest degree of professional conduct on the part of music | 11 | | therapists, to guarantee the availability of music therapy | 12 | | services provided by a qualified professional to persons in | 13 | | need of those services, and to protect the public from the | 14 | | practice of music therapy by unqualified individuals. | 15 | | Section 10. Definitions. As used in this Act:
| 16 | | "Address of record" means the designated address recorded | 17 | | by the Department in the applicant's application file or the | 18 | | licensee's license file, as maintained by the Department's | 19 | | licensure maintenance unit. | 20 | | "Advisory Board" means the Music Therapy Advisory Board.
| 21 | | "Department" means the Department of Financial and | 22 | | Professional Regulation.
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| 1 | | "Email address of record" means the designated email | 2 | | address recorded by the Department in the applicant's | 3 | | application file or the licensee's license file, as maintained | 4 | | by the Department's licensure maintenance unit. | 5 | | "Licensed professional music therapist" means a person | 6 | | licensed to practice music therapy.
| 7 | | "Music therapy" means the clinical and evidence-based use | 8 | | of music therapy interventions to accomplish individualized | 9 | | goals for people of all ages and ability levels within a | 10 | | therapeutic relationship. "Music therapy" does not include the | 11 | | screening, diagnosis, or assessment of any physical, mental, | 12 | | or communication disorder. | 13 | | "Music therapy intervention" includes, during a | 14 | | therapist-client relationship, music improvisation, receptive | 15 | | music listening, song writing, lyric discussion, music and | 16 | | imagery, singing, music performance, learning through music, | 17 | | music combined with other arts, music-assisted relaxation, | 18 | | music-based patient education, electronic music technology, | 19 | | adapted music intervention, and movement to music. "Music | 20 | | therapy intervention" also includes:
| 21 | | (1) accepting referrals for music therapy services | 22 | | from medical, developmental, mental health, or education | 23 | | professionals or family members, clients, caregivers, or | 24 | | others involved and authorized with the provision of | 25 | | client services; | 26 | | (2) conducting a music therapy assessment of a client |
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| 1 | | to determine if treatment is indicated; if treatment is | 2 | | indicated, the licensee collects systematic, | 3 | | comprehensive, and accurate information to determine the | 4 | | appropriateness and type of music therapy services to | 5 | | provide for the client; | 6 | | (3) developing an individualized music therapy | 7 | | treatment plan for the client that is based upon the | 8 | | results of the music therapy assessment; as used in this | 9 | | paragraph, "music therapy treatment plan" includes | 10 | | individualized goals and objectives that focus on the | 11 | | assessed needs and strengths of the client and specify | 12 | | music therapy approaches and interventions to be used to | 13 | | address these goals and objectives; | 14 | | (4) implementing an individualized music therapy | 15 | | treatment plan that is consistent with any other | 16 | | developmental, rehabilitative, habilitative, medical, | 17 | | mental health, preventive, wellness care, or educational | 18 | | services being provided to the client; | 19 | | (5) evaluating the client's response to music therapy | 20 | | and the music therapy treatment plan, documenting change | 21 | | and progress, and suggesting modifications, as | 22 | | appropriate; | 23 | | (6) developing a plan for determining when the | 24 | | provision of music therapy services is no longer needed in | 25 | | collaboration with the client, physician, or other | 26 | | provider of health care or education of the client, family |
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| 1 | | members of the client, and any other appropriate person | 2 | | upon whom the client relies for support; | 3 | | (7) minimizing any barriers to ensure that the client | 4 | | receives music therapy services in the least restrictive | 5 | | environment; | 6 | | (8) collaborating with and educating the client and | 7 | | the family, caregiver of the client, or any other | 8 | | appropriate person regarding the needs of the client that | 9 | | are being addressed in music therapy and the manner in | 10 | | which the music therapy treatment addresses those needs in | 11 | | compliance with State and federal law; and | 12 | | (9) utilizing appropriate knowledge and skills to | 13 | | inform practice, including use of research, reasoning, and | 14 | | problem-solving skills to determine appropriate actions in | 15 | | the context of each specific clinical setting. | 16 | | "Secretary" means the Secretary of Financial and | 17 | | Professional Regulation or the Secretary's designee.
| 18 | | Section 15. Address of record; email address of record.
| 19 | | All applicants and licensees shall:
| 20 | | (1) provide a valid address and email address to the | 21 | | Department, which serves as the address of record and | 22 | | email address of record, respectively, at the time of | 23 | | application for licensure or renewal of a license; and
| 24 | | (2) inform the Department of any change of address of | 25 | | record or email address of record within 14 days after the |
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| 1 | | change either through the Department's website or by | 2 | | contacting the Department's licensure maintenance unit.
| 3 | | Section 20. Music Therapy Advisory Board. There is created | 4 | | within the Department a Music Therapy Advisory Board, which | 5 | | shall consist of 5 members. The Secretary shall appoint all | 6 | | members of the Advisory Board. The Advisory Board shall | 7 | | consist of persons familiar with the practice of music therapy | 8 | | to provide the Secretary with expertise and assistance in | 9 | | carrying out the Secretary's duties pursuant to this Act. The | 10 | | Secretary shall appoint members of the Advisory Board to serve | 11 | | for terms of 4 years, and members may serve consecutive terms | 12 | | at the will of the Secretary. Any vacancy shall be filled in | 13 | | the same manner as a regular appointment. The Secretary shall | 14 | | appoint 3 members who practice as professional music | 15 | | therapists in this State, one member who is a licensed health | 16 | | care provider who is not a music therapist, and one member who | 17 | | is a consumer. Members shall serve without compensation. | 18 | | The Secretary may terminate the appointment of any member | 19 | | for cause as determined by the Secretary. | 20 | | The Secretary may consider the recommendation of the | 21 | | Advisory Board on all matters and questions relating to this | 22 | | Act. | 23 | | Members of the Advisory Board shall be reimbursed for all | 24 | | legitimate, necessary, and authorized expenses. | 25 | | Members of the Advisory Board shall have no liability in |
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| 1 | | any action based upon a disciplinary proceeding or other | 2 | | activity performed in good faith as a member of the Advisory | 3 | | Board. | 4 | | Section 25. Music Therapy Advisory Board; powers and | 5 | | duties.
| 6 | | (a) The Advisory Board shall meet at least once per year or | 7 | | as otherwise called by the Secretary.
| 8 | | (b) The Advisory Board shall advise the Department on all | 9 | | matters pertaining to the licensure for, disciplinary actions | 10 | | for, education for, continuing education requirements for, and | 11 | | practice of music therapy in this State.
| 12 | | (c) The Advisory Board may make recommendations as it | 13 | | deems advisable to the Secretary on any matters and questions | 14 | | relating to this Act and the profession and practice of music | 15 | | therapy. | 16 | | (d) The Advisory Board shall annually elect one of its | 17 | | members as chairperson and one of its members as vice | 18 | | chairperson.
| 19 | | Section 30. Exemptions.
Nothing in this Act may be | 20 | | construed to prohibit or restrict the practice, services, or | 21 | | activities of the following: | 22 | | (1) A person licensed, certified, or regulated under | 23 | | the laws of this State in another profession or | 24 | | occupation, including physicians, psychologists, |
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| 1 | | registered nurses, marriage and family therapists, social | 2 | | workers, occupational therapists, professional | 3 | | counselors, speech-language pathologists or audiologists, | 4 | | or personnel supervised by a licensed professional, | 5 | | performing work, including the use of music, incidental to | 6 | | the practice of that person's licensed, certified, or | 7 | | regulated profession or occupation, if the person does not | 8 | | represent the person as a licensed music therapist. | 9 | | (2) Any practice of music therapy as an integral part | 10 | | of a program of study for students enrolled in an | 11 | | accredited music therapy program, if the student does not | 12 | | represent the student as a music therapist. | 13 | | Section 35. Collaboration. Before a licensed professional | 14 | | music therapist provides music therapy services to a client | 15 | | for an identified clinical or developmental need, the licensee | 16 | | shall review the client's diagnosis, treatment needs, and | 17 | | treatment plan with the health care providers involved in the | 18 | | client's care. Before a licensed professional music therapist | 19 | | provides music therapy services to a student for an identified | 20 | | educational need in a special education setting, the licensee | 21 | | shall review with the individualized family service plan or | 22 | | individualized education program team the student's diagnosis, | 23 | | treatment needs, and treatment plan. During the provision of | 24 | | music therapy services to a client, the licensed professional | 25 | | music therapist shall collaborate, as applicable, with the |
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| 1 | | client's treatment team, including the client's physician, | 2 | | psychologist, licensed clinical social worker, or other mental | 3 | | health professional. A licensed music therapist whose highest | 4 | | degree in music therapy is a baccalaureate degree shall not | 5 | | engage in the practice of psychotherapy unless supervised by a | 6 | | licensed music therapist with a master's degree in music | 7 | | therapy, a licensed clinical social worker, a licensed | 8 | | clinical psychologist, a licensed clinical professional | 9 | | counselor, a licensed marriage and family therapist, or a | 10 | | psychiatrist, as defined in Section 1-121 of the Mental Health | 11 | | and Developmental Disabilities Code. During the provision of | 12 | | music therapy services to a client with a communication | 13 | | disorder, the licensed professional music therapist shall | 14 | | collaborate and discuss the music therapy treatment plan with | 15 | | the client's audiologist or speech-language pathologist so | 16 | | that a music therapist may work with the client and address | 17 | | communication skills. | 18 | | When providing educational or health care services, a | 19 | | licensed professional music therapist may not replace the | 20 | | services provided by an audiologist or a speech-language | 21 | | pathologist. Unless authorized to practice speech-language | 22 | | pathology, music therapists may not evaluate, examine, | 23 | | instruct, or counsel on speech, language, communication, and | 24 | | swallowing disorders and conditions.
An individual licensed as | 25 | | a professional music therapist may not represent to the public | 26 | | that the individual is authorized to treat a communication |
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| 1 | | disorder. This does not prohibit an individual licensed as a | 2 | | professional music therapist from representing to the public | 3 | | that the individual may work with clients who have a | 4 | | communication disorder and address communication skills. | 5 | | Section 40. Unlicensed practice; violation; civil penalty.
| 6 | | (a) Any person who practices, offers to practice, attempts | 7 | | to practice, or holds the person out to practice as a music | 8 | | therapist without being licensed or exempt under this Act, as | 9 | | described in Section 30, shall, in addition to any other | 10 | | penalty provided by law, pay a civil penalty to the Department | 11 | | in an amount not to exceed $10,000 for each offense, as | 12 | | determined by the Department. The civil penalty shall be | 13 | | assessed by the Department after a hearing is held in | 14 | | accordance with the provisions set forth in this Act regarding | 15 | | the provision of a hearing for the discipline of a licensee.
| 16 | | (b) The Department may investigate any actual, alleged, or | 17 | | suspected unlicensed activity.
| 18 | | (c) The civil penalty shall be paid within 60 days after | 19 | | the effective date of the order imposing the civil penalty. | 20 | | The order shall constitute a final judgment and may be filed | 21 | | and execution had thereon in the same manner as any judgment | 22 | | from any court of record.
| 23 | | Section 45. Powers and duties of the Department. Subject | 24 | | to the provisions of this Act, the Department shall:
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| 1 | | (1) adopt rules defining what constitutes a curriculum | 2 | | for music therapy that is reputable and in good standing;
| 3 | | (2) adopt rules providing for the establishment of a | 4 | | uniform and reasonable standard of instruction and | 5 | | maintenance to be observed by all curricula for music | 6 | | therapy that are approved by the Department and determine | 7 | | the reputability and good standing of the curricula for | 8 | | music therapy by reference to compliance with the rules, | 9 | | provided that no school of music therapy that refuses | 10 | | admittance to applicants solely on account of race, color, | 11 | | creed, sex, or national origin shall be considered | 12 | | reputable and in good standing;
| 13 | | (3) adopt and publish rules for a method of | 14 | | examination of candidates for licensed professional music | 15 | | therapists and for issuance of licenses authorizing | 16 | | candidates upon passing examination to practice as | 17 | | licensed professional music therapists;
| 18 | | (4) review applications to ascertain the | 19 | | qualifications of applicants for licenses;
| 20 | | (5) authorize examinations to ascertain the | 21 | | qualifications of those applicants who require | 22 | | examinations as a component of a license;
| 23 | | (6) conduct hearings on proceedings to refuse to issue | 24 | | or renew a license or to revoke, suspend, place on
| 25 | | probation, or reprimand licenses issued under this Act or | 26 | | otherwise discipline;
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| 1 | | (7) adopt rules necessary for the administration of | 2 | | this Act.
| 3 | | Section 50. Application for original license. Applications | 4 | | for original licenses shall be made to the Department on forms | 5 | | prescribed by the Department and accompanied by the required | 6 | | fee, which is not refundable. All applications shall contain | 7 | | information that, in the judgment of the Department, will | 8 | | enable the Department to approve or disapprove of the | 9 | | qualifications of the applicant for a license to practice as a | 10 | | professional music therapist. If an applicant fails to obtain | 11 | | a license under this Act within 3 years after filing the | 12 | | application, the application shall be denied. The applicant | 13 | | may make a new application, which shall be accompanied by the | 14 | | required nonrefundable fee. The applicant shall be required to | 15 | | meet the qualifications required for licensure at the time of | 16 | | reapplication. | 17 | | Section 55. Social Security Number on license application. | 18 | | In addition to any other information required to be contained | 19 | | in the application, every application for an original license | 20 | | under this Act shall include the applicant's Social Security | 21 | | Number, which shall be retained in the Department's records | 22 | | pertaining to the license. As soon as practical, the | 23 | | Department shall assign a customer's identification number to | 24 | | each applicant for a license. Every application for a renewal, |
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| 1 | | reinstated, or restored license shall require the applicant's | 2 | | customer identification number. | 3 | | Section 60. Qualifications for licensure.
| 4 | | (a) The Secretary shall issue a license to an applicant
| 5 | | for a professional music therapist license if the applicant | 6 | | has completed and submitted an application form in the manner
| 7 | | as the Secretary prescribes, accompanied by applicable fees, | 8 | | and evidence satisfactory to the Secretary that: | 9 | | (1) the applicant has received a baccalaureate degree | 10 | | or higher
in music therapy, or its equivalent, as defined | 11 | | by the Department; | 12 | | (2) the applicant is at least 18 years of age;
| 13 | | (3) the applicant is of good moral character. In | 14 | | determining moral character under this paragraph, the | 15 | | Department may take into consideration whether the | 16 | | applicant has engaged in conduct or activities which would | 17 | | constitute grounds for discipline under this Act; and | 18 | | (4) the applicant provides proof of passing an exam | 19 | | determined by the Department
or provides proof that the | 20 | | applicant holds a current music therapist credential as | 21 | | determined by the Department.
| 22 | | Section 65. License renewal.
| 23 | | (a) Every license issued under this Act shall be renewed | 24 | | biennially. A license shall be renewed upon payment of a |
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| 1 | | renewal fee, provided that the applicant is in compliance with | 2 | | this Act at the time of application for renewal. The following | 3 | | shall also be required for license renewal:
| 4 | | (1) Proof of completion of a minimum of 40 hours of | 5 | | continuing education as established by rule.
| 6 | | (2) For those licensed professional music therapists | 7 | | that have direct patient interactions with adult | 8 | | populations age 26 or older, proof of completion of at | 9 | | least one hour of training on the diagnosis, treatment, | 10 | | and care of individuals with Alzheimer's disease and other | 11 | | dementias per renewal period; this training shall include, | 12 | | but not be limited to, assessment and diagnosis, effective | 13 | | communication strategies, and management and care | 14 | | planning; this one-hour course counts toward meeting the | 15 | | minimum credit hours required for continuing education. | 16 | | (b) A licensee shall inform the Secretary of any changes | 17 | | to the licensee's address. Each licensee shall be responsible | 18 | | for timely renewal of the licensee's license.
| 19 | | Section 70. Inactive status. A person who notifies the | 20 | | Department in writing on forms prescribed by the Department | 21 | | may elect to place the person's license on inactive status and | 22 | | shall, subject to rule of the Department, be excused from | 23 | | payment of renewal fees until the person notifies the | 24 | | Department, in writing, of the person's desire to resume | 25 | | active status. A person requesting restoration from inactive |
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| 1 | | status shall be required to pay the current renewal fee and | 2 | | shall be required to restore the person's license. Practice by | 3 | | an individual whose license is on inactive status shall be | 4 | | considered to be the unlicensed practice of music therapy and | 5 | | shall be grounds for discipline under this Act. | 6 | | Section 75. Fees; deposit of fees. The Department shall, | 7 | | by rule, establish all fees for the administration and | 8 | | 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 80. 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 | 22 | | Department, in addition to the amount already owed to the | 23 | | Department, a fine of $50. The fines imposed by this Section | 24 | | are in addition to any other discipline provided under this |
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| 1 | | Act prohibiting unlicensed practice or practice on a | 2 | | nonrenewed license. The Department shall notify the person | 3 | | that payment of fees and fines shall be paid to the Department | 4 | | by certified check or money order within 30 calendar days | 5 | | after notification. If, after the expiration of 30 days from | 6 | | the date of the notification, the person has failed to submit | 7 | | the necessary remittance, the Department shall automatically | 8 | | terminate the license or certification or deny the | 9 | | application, without hearing. If, after termination or denial, | 10 | | the person seeks a license or certificate, the person shall | 11 | | apply to the Department for restoration or issuance of the | 12 | | license or certificate and pay all fees and fines due to the | 13 | | Department. The Department may establish a fee for the | 14 | | processing of an application for restoration of a license to | 15 | | pay all costs and expenses of processing of the application. | 16 | | The Secretary may waive the fines due under this Section in | 17 | | individual cases where the Secretary finds that the fines | 18 | | would be unnecessarily burdensome. | 19 | | Section 85. Endorsement. The Department may issue a | 20 | | license as a professional music therapist, without | 21 | | administering the required examination, to an applicant | 22 | | licensed under the laws of another state, a U.S. territory, or | 23 | | another country if the requirements for licensure in that | 24 | | state, U.S. territory, or country are, on the date of | 25 | | licensure, substantially equal to the requirements of this Act |
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| 1 | | or to a person who, at the time of the person's application for | 2 | | licensure, possesses individual qualifications that are | 3 | | substantially equivalent to the requirements of this Act. An | 4 | | applicant under this Section shall pay all of the required | 5 | | fees. An applicant shall have 3 years after the date of | 6 | | 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 90. Privileged communications and exceptions.
| 12 | | (a) No licensed professional music therapist shall | 13 | | disclose any information acquired from persons consulting the | 14 | | therapist in a professional capacity, except that which may be | 15 | | voluntarily disclosed under any of the following | 16 | | circumstances:
| 17 | | (1) In the course of formally reporting, conferring, | 18 | | or consulting with administrative superiors, colleagues, | 19 | | or consultants who share professional responsibility, in | 20 | | which instance all recipients of the information are | 21 | | similarly bound to regard the communication as privileged.
| 22 | | (2) With the written consent of the person who | 23 | | provided the information and about whom the information | 24 | | concerns.
| 25 | | (3) In the case of death or disability, with the |
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| 1 | | written consent of a personal representative.
| 2 | | (4) When a communication reveals the intended | 3 | | commission of a crime or harmful act and the disclosure is | 4 | | judged necessary in the professional judgment of the | 5 | | licensed professional music therapist to protect any | 6 | | person from a clear risk of serious mental or physical | 7 | | harm or injury or to forestall a serious threat to the | 8 | | public safety.
| 9 | | (5) When the person waives the privilege by bringing | 10 | | any public charges or filing a lawsuit against the | 11 | | licensee.
| 12 | | (b) Any person having access to records or anyone who | 13 | | participates in providing music therapy services, or in | 14 | | providing any human services, or is supervised by a licensed | 15 | | professional music therapist is similarly bound to regard all | 16 | | information and communications as privileged in accord with | 17 | | this Section.
| 18 | | Section 95. Grounds for discipline.
| 19 | | (a) The Department may refuse to issue, renew, or may | 20 | | revoke, suspend, place on probation, reprimand, or take other | 21 | | disciplinary or nondisciplinary action as the Department deems | 22 | | appropriate, including the issuance of fines not to exceed | 23 | | $10,000 for each violation, with regard to any license for any | 24 | | one or more of the following:
| 25 | | (1) Material misstatement in furnishing information to |
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| 1 | | the Department or to any other State agency.
| 2 | | (2) Violations or negligent or intentional disregard | 3 | | of this Act, or any of its rules.
| 4 | | (3) Conviction by plea of guilty or nolo contendere, | 5 | | finding of guilt, jury verdict, or entry of judgment or | 6 | | sentencing, including, but not limited to, convictions, | 7 | | preceding sentences of supervision, conditional discharge, | 8 | | or first offender probation, under the laws of any | 9 | | jurisdiction of the United States (i) that is a felony or | 10 | | (ii) that is a misdemeanor, an essential element of which | 11 | | is dishonesty, or that is directly related to the practice | 12 | | of music therapy.
| 13 | | (4) Making any misrepresentation for the purpose of | 14 | | obtaining a license, or violating any provision of this | 15 | | Act or its rules.
| 16 | | (5) Negligence in the rendering of music therapy | 17 | | services.
| 18 | | (6) Aiding or assisting another person in violating | 19 | | any provision of this Act or any of its rules.
| 20 | | (7) Failing to provide information within 60 days in | 21 | | response to a written request made by the Department.
| 22 | | (8) Engaging in dishonorable, unethical, or | 23 | | unprofessional conduct of a character likely to deceive, | 24 | | defraud, or harm the public and violating the rules of | 25 | | professional conduct adopted by the Department.
| 26 | | (9) Failing to maintain the confidentiality of any |
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| 1 | | information received from a client, unless otherwise | 2 | | authorized or required by law.
| 3 | | (10) Failure to maintain client records of services | 4 | | provided and provide copies to clients upon request.
| 5 | | (11) Exploiting a client for personal advantage, | 6 | | profit, or interest.
| 7 | | (12) Habitual or excessive use or addiction to | 8 | | alcohol, narcotics, stimulants, or any other chemical | 9 | | agent or drug which results in inability to practice with | 10 | | reasonable skill, judgment, or safety.
| 11 | | (13) Discipline by another governmental agency or unit | 12 | | of government, by any jurisdiction of the United States, | 13 | | or by a foreign nation, if at least one of the grounds for | 14 | | the discipline is the same or substantially equivalent to | 15 | | those set forth in this Section.
| 16 | | (14) Directly or indirectly giving to or receiving | 17 | | from any person, firm, corporation, partnership, or | 18 | | association any fee, commission, rebate, or other form of | 19 | | compensation for any professional service not actually | 20 | | rendered.
Nothing in this paragraph affects any bona fide | 21 | | independent contractor or employment arrangements among | 22 | | health care professionals, health facilities, health care | 23 | | providers, or other entities, except as otherwise | 24 | | prohibited by law. Any employment arrangements may include | 25 | | provisions for compensation, health insurance, pension, or | 26 | | other employment benefits for the provision of services |
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| 1 | | within the scope of the licensee's practice under this | 2 | | Act. Nothing in this paragraph shall be construed to | 3 | | require an employment arrangement to receive professional | 4 | | fees for services rendered.
| 5 | | (15) A finding by the Department that the licensee, | 6 | | after having the license placed on probationary status, | 7 | | has violated the terms of probation.
| 8 | | (16) Failing to refer a client to other health care | 9 | | professionals when the licensee is unable or unwilling to | 10 | | adequately support or serve the client.
| 11 | | (17) Willfully filing false reports relating to a | 12 | | licensee's practice, including, but not limited to, false | 13 | | records filed with federal or State agencies or | 14 | | departments.
| 15 | | (18) Willfully failing to report an instance of | 16 | | suspected child abuse or neglect as required by the Abused | 17 | | and Neglected Child Reporting Act.
| 18 | | (19) Being named as a perpetrator in an indicated | 19 | | report by the Department of Children and Family Services | 20 | | pursuant to the Abused and Neglected Child Reporting Act, | 21 | | and upon proof by clear and convincing evidence that the | 22 | | licensee has caused a child to be an abused child or | 23 | | neglected child as defined in the Abused and Neglected | 24 | | Child Reporting Act.
| 25 | | (20) Physical or mental disability, including | 26 | | deterioration through the aging process or loss of |
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| 1 | | abilities and skills which results in the inability to | 2 | | practice the profession with reasonable judgment, skill, | 3 | | or safety.
| 4 | | (21) Solicitation of professional services by using | 5 | | false or misleading advertising.
| 6 | | (22) Fraud or making any misrepresentation in applying | 7 | | for or procuring a license under this Act or in connection | 8 | | with applying for renewal of a license under this Act.
| 9 | | (23) Practicing or attempting to practice under a name | 10 | | other than the full name as shown on the license or any | 11 | | other legally authorized name.
| 12 | | (24) Gross overcharging for professional services, | 13 | | including filing statements for collection of fees or | 14 | | moneys for which services are not rendered.
| 15 | | (25) Charging for professional services not rendered, | 16 | | including filing false statements for the collection of | 17 | | fees for which services are not rendered.
| 18 | | (26) Allowing one's license under this Act to be used | 19 | | by an unlicensed person in violation of this Act.
| 20 | | (b) The determination by a court that a licensee is | 21 | | subject to involuntary admission or judicial admission as | 22 | | provided in the Mental Health and Developmental Disabilities | 23 | | Code shall result in an automatic suspension of the licensee's | 24 | | license. The suspension will end upon a finding by a court that | 25 | | the licensee is no longer subject to involuntary admission or | 26 | | judicial admission, the issuance of an order so finding and |
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| 1 | | discharging the patient, and the determination of the | 2 | | Secretary that the licensee be allowed to resume professional | 3 | | practice.
| 4 | | (c) The Department may refuse to issue or renew or may | 5 | | suspend without hearing the license of any person who fails to | 6 | | file a return, to pay the tax penalty or interest shown in a | 7 | | filed return, or to pay any final assessment of the tax, | 8 | | penalty, or interest as required by any Act regarding the | 9 | | payment of taxes administered by the Department of Revenue | 10 | | until the requirements of the Act are satisfied in accordance | 11 | | with subsection (g) of Section 2105-15 of the Civil | 12 | | Administrative Code of Illinois.
| 13 | | (d) In cases where the Department of Healthcare and Family | 14 | | Services has previously determined that a licensee or a | 15 | | potential licensee is more than 30 days delinquent in the | 16 | | payment of child support and has subsequently certified the | 17 | | delinquency to the Department, the Department may refuse to | 18 | | issue or renew or may revoke or suspend that person's license | 19 | | or may take other disciplinary action against that person | 20 | | based solely upon the certification of delinquency made by the | 21 | | Department of Healthcare and Family Services in accordance | 22 | | with paragraph (5) of subsection (a) of Section 2105-15 of the | 23 | | Department of Professional Regulation Law of the Civil | 24 | | Administrative Code of Illinois.
| 25 | | (e) All fines or costs imposed under this Section shall be | 26 | | paid within 60 days after the effective date of the order |
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| 1 | | imposing the fine or costs or in accordance with the terms set | 2 | | forth in the order imposing the fine.
| 3 | | Section 100. Violations; injunction; cease and desist | 4 | | order.
| 5 | | (a) If any person violates the provisions of this Act, the | 6 | | Secretary may, in the name of the People of the State of | 7 | | Illinois, through the Attorney General or the State's Attorney | 8 | | of any county in which the violation is alleged to have | 9 | | occurred, petition for an order enjoining the violation or for | 10 | | an order enforcing compliance with this Act. Upon the filing | 11 | | of a verified petition, the court with appropriate | 12 | | jurisdiction may issue a temporary restraining order without | 13 | | notice or bond, and may preliminarily and permanently enjoin | 14 | | the violation. If it is established that the person has | 15 | | violated or is violating the injunction, the court may punish | 16 | | the offender for contempt of court. Proceedings under this | 17 | | Section are in addition to all other remedies and penalties | 18 | | provided by this Act.
| 19 | | (b) 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 | 24 | | allow at least 7 days from the date of the rule to file an | 25 | | answer satisfactory to the Department. Failure to answer to |
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| 1 | | the satisfaction of the Department shall cause an order to | 2 | | cease and desist to be issued.
| 3 | | Section 105. Investigations; notice and hearing. The | 4 | | Department may investigate the actions of any applicant or any | 5 | | person holding or claiming to hold a license or engaging in the | 6 | | practice of music therapy. The Department shall, before | 7 | | revoking, suspending, placing on probation, reprimanding, or | 8 | | taking any other disciplinary action under Section 95, at | 9 | | least 30 days before the date set for the hearing, (i) notify | 10 | | the accused, in writing, of any charges made and the time and | 11 | | place for the hearing on the charges, (ii) direct the accused | 12 | | to file a written answer to the charges with the Department | 13 | | under oath within 20 days after service of the notice, and | 14 | | (iii) inform the accused that, if the accused fails to answer, | 15 | | default will be taken against the accused or that the | 16 | | accused's license or certificate may be suspended, revoked, | 17 | | placed on probationary status, or other disciplinary action | 18 | | taken with regard to the license, including limiting the | 19 | | scope, nature, or extent of the accused's practice, as the | 20 | | Department may deem proper. In case the person, after | 21 | | receiving notice, fails to file an answer, the accused's | 22 | | license may, in the discretion of the Department, be | 23 | | suspended, revoked, placed on probationary status, or the | 24 | | Department may take whatever disciplinary action considered | 25 | | proper, including limiting the scope, nature, or extent of the |
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| 1 | | person's practice or the imposition of a fine, without a | 2 | | hearing, if the act or acts charged constitute sufficient | 3 | | grounds for such action under this Act. The written notice may | 4 | | be served by personal delivery, mail, or email to the address | 5 | | of record or email address of record. | 6 | | Section 110. Record of proceedings; transcript. The | 7 | | Department, at its expense, shall preserve a record of all | 8 | | proceedings at the formal hearing of any case except as | 9 | | otherwise provided by statute or rule. | 10 | | Section 115. Subpoenas; depositions; oaths. The Department | 11 | | may subpoena and bring before it any person in this State and | 12 | | take the oral or written testimony or compel the production of | 13 | | any books, papers, records, or any other documents that the | 14 | | Secretary or the Secretary's designee deems relevant or | 15 | | material to any investigation or hearing conducted by the | 16 | | Department with the same fees and mileage and in the same | 17 | | manner as prescribed in civil cases in the courts of this | 18 | | State. The Secretary, the shorthand court reporter, the | 19 | | designated hearing officer, and every member of the Advisory | 20 | | Board may administer oaths at any hearing which the Department | 21 | | conducts. Notwithstanding any other statute or Department rule | 22 | | to the contrary, all requests for testimony and for the | 23 | | production of documents or records shall be in accordance with | 24 | | this Act. |
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| 1 | | Section 120. Compelling testimony. Any court, upon | 2 | | application of the Department, designated hearing officer, or | 3 | | the applicant or licensee against whom proceedings under | 4 | | Section 95 are pending, may order the attendance and testimony | 5 | | of witnesses and the production of relevant documents, papers, | 6 | | files, books, and records in connection with any hearing or | 7 | | investigation. The court may compel obedience to its order by | 8 | | proceedings for contempt. | 9 | | Section 125. Findings and recommendations. At the | 10 | | conclusion of the hearing, the hearing officer or Advisory | 11 | | Board shall present to the Secretary a written report of its | 12 | | findings of fact, conclusions of law, and recommendations. The | 13 | | report shall contain a finding whether the licensee violated | 14 | | this Act or failed to comply with the conditions required in | 15 | | this Act. The hearing officer or Advisory Board shall specify | 16 | | the nature of the violation or failure to comply, and shall | 17 | | make its recommendations to the Secretary. The report of | 18 | | findings of fact, conclusions of law, and recommendation of | 19 | | the hearing officer or Advisory Board shall be the basis for | 20 | | the Department's order for refusing to issue, restore, or | 21 | | renew a license, or for otherwise disciplining a licensee. If | 22 | | the Secretary disagrees with the recommendations of the | 23 | | hearing officer or Advisory Board, the Secretary may issue an | 24 | | order in contravention of the hearing officer's or Advisory |
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| 1 | | Board's recommendations. The finding is not admissible in | 2 | | evidence against the person in a criminal prosecution brought | 3 | | for the violation of this Act, but the hearing and findings are | 4 | | not a bar to a criminal prosecution brought for the violation | 5 | | of this Act. | 6 | | Section 130. Secretary; rehearing. Whenever the Secretary | 7 | | believes substantial justice has not been done in the | 8 | | revocation, suspension, or refusal to issue or renew a license | 9 | | or the discipline of a licensee, the Secretary may order a | 10 | | rehearing. | 11 | | Section 135. Appointment of a hearing officer. The | 12 | | Secretary has the authority to appoint any attorney licensed | 13 | | to practice law in the State to serve as the hearing officer in | 14 | | any action for refusal to issue or renew a license or permit or | 15 | | to discipline a licensee. The hearing officer has full | 16 | | authority to conduct the hearing. The hearing officer shall | 17 | | report the hearing officer's findings of fact, conclusions of | 18 | | law, and recommendations to the Secretary. | 19 | | Section 140. Order or certified copy; prima facie proof. | 20 | | An order or certified copy thereof, over the seal of the | 21 | | Department and purporting to be signed by the Secretary, is | 22 | | prima facie proof that: (1) the signature is the genuine | 23 | | signature of the Secretary; and (2) the Secretary is duly |
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| 1 | | appointed and qualified. | 2 | | Section 145. Restoration of license from discipline. At | 3 | | any time after the successful completion of a term of | 4 | | indefinite probation, suspension, or revocation of a license, | 5 | | the Department may restore the license to active status, | 6 | | unless, after an investigation and a hearing, the Secretary | 7 | | determines that restoration is not in the public interest. No | 8 | | person whose license has been revoked as authorized in this | 9 | | Act may apply for restoration of that license until authorized | 10 | | to do so under the Civil Administrative Code of Illinois. | 11 | | Section 150. Summary suspension of license. The Secretary | 12 | | may summarily suspend the license of a music therapist without | 13 | | a hearing, simultaneously with the institution of proceedings | 14 | | for a hearing provided for in Section 105, if the Secretary | 15 | | finds that the evidence indicates that the continuation of | 16 | | practice by the professional music therapist would constitute | 17 | | an imminent danger to the public. If the Secretary summarily | 18 | | suspends the license of an individual without a hearing, a | 19 | | hearing must be held within 30 days after the suspension has | 20 | | occurred and shall be concluded as expeditiously as possible. | 21 | | Section 155. 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. As used in this Section, | 2 | | "administrative decision" has the same meaning as used in | 3 | | Section 3-101 of the Code of Civil Procedure. | 4 | | (b) Proceedings for judicial review shall be commenced in | 5 | | the circuit court of the county in which the party applying for | 6 | | review resides, but if the party is not a resident of this | 7 | | State, the venue shall be in Sangamon County. | 8 | | Section 160. Certification of record; costs. The | 9 | | Department shall not be required to certify any record to the | 10 | | court, to file an answer in court, or to otherwise appear in | 11 | | any court in a judicial review proceeding, unless and until | 12 | | the Department has received from the plaintiff payment of the | 13 | | costs of furnishing and certifying the record, which costs | 14 | | shall be determined by the Department. Failure on the part of | 15 | | the plaintiff to file the receipt in court is grounds for | 16 | | dismissal of the action. | 17 | | Section 165. Violations. Unless otherwise specified, any | 18 | | person found to have violated any provision of this Act is | 19 | | guilty of a Class A misdemeanor. | 20 | | Section 170. Illinois Administrative Procedure Act; | 21 | | application. The Illinois Administrative Procedure Act is | 22 | | hereby expressly adopted and incorporated in this Act as if | 23 | | all of the provisions of that Act were included in this Act, |
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| 1 | | except subsection (d) of Section 10-65 of the Illinois | 2 | | Administrative Procedure Act, which provides that at hearings | 3 | | the license holder has the right to show compliance with all | 4 | | lawful requirements for retention, continuation, or renewal of | 5 | | the certificate, is specifically excluded. For the purpose of | 6 | | this Act, the notice required under Section 10-25 of the | 7 | | Illinois Administrative Procedure Act is deemed sufficient | 8 | | when mailed to the last known address of a party or the address | 9 | | of record. | 10 | | Section 175. Home rule. The regulation and licensing of | 11 | | professional music therapists are exclusive powers and | 12 | | functions of the State. A home rule unit may not regulate or | 13 | | license professional music therapists. This Section is a | 14 | | denial and limitation of home rule powers and functions under | 15 | | subsection (h) of Section 6 of Article VII of the Illinois | 16 | | Constitution. | 17 | | Section 180. Confidentiality. All information collected by | 18 | | the Department in the course of an examination or | 19 | | investigation of a licensee or applicant, including, but not | 20 | | limited to, any complaint against a licensee filed with the | 21 | | Department and information collected to investigate any | 22 | | complaint, shall be maintained for the confidential use of the | 23 | | Department and shall not be disclosed. The Department shall | 24 | | not disclose the information to anyone other than law |
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| 1 | | enforcement officials, regulatory agencies that have an | 2 | | appropriate regulatory interest as determined by the | 3 | | Secretary, or a party presenting a lawful subpoena to the | 4 | | Department. Information and documents disclosed to a federal, | 5 | | State, county, or local law enforcement agency shall not be | 6 | | disclosed by the agency for any purpose to any other agency or | 7 | | person. A formal complaint filed against a licensee or | 8 | | registrant by the Department or any other complaint issued by | 9 | | the Department against a licensee, registrant, or applicant | 10 | | shall be a public record, except as otherwise prohibited by | 11 | | law.
| 12 | | Section 999. Effective date. This Act takes effect upon | 13 | | becoming law. |
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