SB2243sam001 102ND GENERAL ASSEMBLY

Sen. Laura M. Murphy

Filed: 4/6/2021

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2243

2    AMENDMENT NO. ______. Amend Senate Bill 2243 by replacing
3everything after the enacting clause with the following:
 
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:

 

 

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1    "Address of record" means the designated address recorded
2by the Department in the applicant's or licensee's application
3file or license file as maintained by the Department's
4licensure maintenance unit. It is the duty of the applicant or
5licensee to inform the Department of any change of address,
6and those changes must be made either through the Department's
7website or by contacting the Department.
8    "Advisory committee" means the Music Therapy Advisory
9Committee.
10    "Board-certified music therapist" means an individual who
11has completed the education and clinical training requirements
12established by the American Music Therapy Association, has
13passed the Certification Board for Music Therapists
14certification examination or transitioned into board
15certification, and remains actively certified by the
16Certification Board for Music Therapists.
17    "Department" means the Department of Financial and
18Professional Regulation.
19    "Licensed clinical music therapist" means a person
20licensed to practice music therapy, and additionally includes
21the assessment, evaluation, therapeutic intervention, and the
22primary, parallel, or adjunctive treatment of mental,
23emotional, developmental, and behavioral disorders through the
24use of music.
25    "Licensed professional music therapist" means a person
26licensed to practice music therapy.

 

 

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1    "Music therapy" means the clinical and evidence-based use
2of music interventions to accomplish individualized goals for
3people of all ages and ability levels within a therapeutic
4relationship through the development of music therapy
5treatment plans specific to the needs and strengths of the
6client who may be seen individually or in groups. Music
7therapy interventions may include music improvisation,
8receptive music listening, song writing, lyric discussion,
9music and imagery, singing, music performance, learning
10through music, music combined with other arts, music-assisted
11relaxation, music-based education, electronic music
12technology, adapted music interventions, and movement to
13music. The practice of music therapy does not include the
14screening, diagnosis, or assessment of any physical, mental,
15or communication disorder.
16    "Person" means an individual, association, partnership, or
17corporation.
18    "Secretary" means the Secretary of Financial and
19Professional Regulation or his or her designee.
 
20    Section 15. Music Therapy Advisory Committee. There is
21created within the Department a Music Therapy Advisory
22Committee, which shall consist of 5 members. The Secretary
23shall appoint all members of the advisory committee. The
24advisory committee shall consist of persons familiar with the
25practice of music therapy to provide the Secretary with

 

 

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1expertise and assistance in carrying out his or her duties
2pursuant to this Act. The Secretary shall appoint members of
3the advisory committee to serve for terms of 4 years, and
4members may serve consecutive terms at the will of the
5Secretary. Any vacancy shall be filled in the same manner as a
6regular appointment. The Secretary shall appoint 2 members who
7practice as clinical music therapists in this State, one
8member who practices as a professional music therapist in this
9State, one member who is a licensed health care provider who is
10not a music therapist, and one member who is a consumer.
11Members shall serve without compensation.
 
12    Section 20. Music Therapy Advisory Committee; powers and
13duties.
14    (a) The advisory committee shall meet at least once per
15year or as otherwise called by the Secretary.
16    (b) The Secretary shall consult with the advisory
17committee before setting or changing fees under this Act.
18    (c) The advisory committee may facilitate the development
19of materials that the Secretary may utilize to educate the
20public concerning professional and clinical music therapist
21licensure, the benefits of music therapy, and the utilization
22of music therapy by individuals and in facilities or
23institutional settings.
24    (d) The advisory committee may act as a facilitator of
25statewide dissemination of information between music

 

 

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1therapists, the American Music Therapy Association or any
2successor organization, the Certification Board for Music
3Therapists or any successor organization, and the Secretary.
4    (e) The advisory committee shall provide an analysis of
5disciplinary actions, appeals and denials, and license
6revocations at least once per year.
7    (f) The Secretary shall seek the advice of the advisory
8committee for issues related to music therapy.
9    (g) The advisory committee shall advise the Department on
10all matters pertaining to the licensure, education, continuing
11education requirements for, and practice of music therapy in
12this State.
13    (h) The advisory committee shall assist and advise the
14Department in all hearings involving music therapists who are
15alleged to be in violation of this Act.
 
16    Section 25. Exemptions.
17    (a) This Act does not prohibit any persons legally
18regulated in this State by any other Act from engaging in the
19practice for which they are authorized as long as they do not
20represent themselves by the title of "music therapist",
21"licensed professional music therapist", or "licensed clinical
22music therapist". This Act does not prohibit the practice of
23unregulated professions whose practitioners are engaged in the
24delivery of human services as long as these practitioners do
25not represent themselves as or use the title of "music

 

 

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1therapist", "licensed professional music therapist", or
2"licensed clinical music therapist".
3    (b) Nothing in this Act shall be construed to limit the
4activities and services of a student enrolled in an accredited
5music therapy program if these activities and services
6constitute an integral part of the student's supervised course
7of study as long as the student does not represent himself or
8herself as a "music therapist", "licensed professional music
9therapist", or "licensed clinical music therapist".
 
10    Section 30. Restrictions and limitations. No person shall,
11without a valid license as a professional music therapist or
12clinical music therapist issued by the Department, (i) in any
13manner hold himself or herself out to the public as a music
14therapist under this Act; (ii) use in connection with his or
15her name or place of business the title "music therapist",
16"licensed professional music therapist", "licensed clinical
17music therapist", or any words, letters, abbreviations, or
18insignia indicating or implying a person has met the
19qualifications for or has the license issued under this Act;
20or (iii) offer to render or render to individuals,
21corporations, or the public music therapy services if the
22words "music therapist", "licensed professional music
23therapist", or "licensed clinical music therapist" are used to
24describe the person offering to render or rendering them or
25"music therapy" is used to describe the services rendered or

 

 

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1offered to be rendered.
 
2    Section 35. Collaboration. Before a licensed professional
3music therapist provides music therapy services to a client
4for an identified clinical or developmental need, the licensee
5shall review the client's diagnosis, treatment needs, and
6treatment plan with the health care providers involved in the
7client's care. Before a licensed professional music therapist
8provides music therapy services to a student for an identified
9educational need in a special education setting, the licensee
10shall review with the individualized family service plan or
11individualized education program team the student's diagnosis,
12treatment needs, and treatment plan. During the provision of
13music therapy services to a client, the licensed professional
14music therapist shall collaborate, as applicable, with the
15client's treatment team, including the client's physician,
16psychologist, licensed clinical social worker, or other mental
17health professional. During the provision of music therapy
18services to a client with a communication disorder, the
19licensed professional music therapist shall collaborate and
20discuss the music therapy treatment plan with the client's
21audiologist or speech-language pathologist.
 
22    Section 40. Unlicensed practice; violation; civil penalty.
23    (a) Any person who practices, offers to practice, attempts
24to practice, or holds himself or herself out to practice as a

 

 

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1music therapist without being licensed or exempt under this
2Act shall, in addition to any other penalty provided by law,
3pay a civil penalty to the Department in an amount not to
4exceed $10,000 for each offense, as determined by the
5Department. The civil penalty shall be assessed by the
6Department after a hearing is held in accordance with the
7provisions set forth in this Act regarding the provision of a
8hearing for the discipline of a licensee.
9    (b) The Department may investigate any actual, alleged, or
10suspected unlicensed activity.
11    (c) The civil penalty shall be paid within 60 days after
12the effective date of the order imposing the civil penalty.
13The order shall constitute a final judgment and may be filed
14and execution had thereon in the same manner as any judgment
15from any court of record.
 
16    Section 45. Powers and duties of the Department. Subject
17to the provisions of this Act, the Department shall:
18        (1) adopt rules defining what constitutes a curriculum
19    for music therapy that is reputable and in good standing;
20        (2) adopt rules providing for the establishment of a
21    uniform and reasonable standard of instruction and
22    maintenance to be observed by all curricula for music
23    therapy that are approved by the Department and determine
24    the reputability and good standing of such curricula for
25    music therapy by reference to compliance with the rules,

 

 

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1    provided that no school of music therapy that refuses
2    admittance to applicants solely on account of race, color,
3    creed, sex, or national origin shall be considered
4    reputable and in good standing;
5        (3) adopt and publish rules for a method of
6    examination of candidates for licensed professional music
7    therapists and licensed clinical music therapists and for
8    issuance of licenses authorizing candidates upon passing
9    examination to practice as licensed professional music
10    therapists and licensed clinical music therapists;
11        (4) review applications to ascertain the
12    qualifications of applicants for licenses;
13        (5) authorize examinations to ascertain the
14    qualifications of those applicants who require such
15    examinations as a component of a license;
16        (6) conduct hearings on proceedings to refuse to issue
17    or renew or to revoke licenses or suspend, place on
18    probation, censure, or reprimand persons licensed under
19    this Act and to refuse to issue or renew or to revoke
20    licenses or suspend, place on probation, censure, or
21    reprimand persons licensed under this Act;
22        (7) adopt rules necessary for the administration of
23    this Act; and
24        (8) maintain a list of licensed professional music
25    therapists and licensed clinical music therapists
26    authorized to practice in this State; this list shall show

 

 

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1    the name of every licensee, his or her last known place of
2    residence, and the date and number of his or her license;
3    any interested person in this State may obtain a copy of
4    that list on application to the Department and payment of
5    the required fee.
 
6    Section 50. Application for original license. Applications
7for original licenses shall be made to the Department on forms
8prescribed by the Department and accompanied by the required
9fee, which is not refundable. All applications shall contain
10such information that, in the judgment of the Department, will
11enable the Department to approve or disapprove of the
12qualifications of the applicant for a license to practice as a
13professional music therapist or clinical music therapist. If
14an applicant fails to obtain a license under this Act within 3
15years after filing his or her application, the application
16shall be denied. The applicant may make a new application,
17which shall be accompanied by the required nonrefundable fee.
18The applicant shall be required to meet the qualifications
19required for licensure at the time of reapplication.
 
20    Section 55. Social Security Number on license application.
21In addition to any other information required to be contained
22in the application, every application for an original license
23under this Act shall include the applicant's Social Security
24Number, which shall be retained in the Department's records

 

 

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1pertaining to the license. As soon as practical, the
2Department shall assign a customer's identification number to
3each applicant for a license. Every application for a renewal,
4reinstated, or restored license shall require the applicant's
5customer identification number.
 
6    Section 60. Qualifications for licensure.
7    (a) The Secretary shall issue a license to an applicant
8for a professional music therapist license if such applicant
9has completed and submitted an application form in such manner
10as the Secretary prescribes, accompanied by applicable fees,
11and evidence satisfactory to the Secretary that:
12        (1) the applicant has received a baccalaureate degree
13    in music therapy, or its equivalent, which includes
14    clinical training hours, from a program approved by the
15    American Music Therapy Association or any successor
16    organization within an accredited college or university;
17        (2) the applicant is at least 18 years of age;
18        (3) the applicant is in good standing based on a
19    review of any music therapy licensure history the
20    applicant may have in other jurisdictions, including any
21    alleged misconduct or neglect in the practice of music
22    therapy; and
23        (4) the applicant (i) provides proof of passing the
24    examination for board certification offered by the
25    Certification Board for Music Therapists or any successor

 

 

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1    organization or of being transitioned into board
2    certification and (ii) 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, which includes
11    clinical training hours, from an accredited college or
12    university;
13        (2) the applicant (i) provides proof of passing the
14    examination for board certification offered by the
15    Certification Board for Music Therapists or any successor
16    Organization or of being transitioned into board
17    certification and (ii) provides proof that the applicant
18    is currently a board-certified music therapist; and
19        (3) the applicant is at least 21 years of age.
20    (c) The Secretary shall issue a license to an applicant
21for a professional music therapist license or clinical music
22therapist license if such applicant has completed and
23submitted an application upon a form and in such a manner as
24the Secretary prescribes, accompanied by any applicable fees,
25and evidence satisfactory to the Secretary that the applicant
26is licensed and in good standing as a music therapist in

 

 

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

 

 

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1    (d) Upon written request of a licensee, the Secretary may
2place an active license on an inactive status subject to an
3inactive status fee established by the Secretary. The
4licensee, upon request and payment of the inactive license
5fee, may continue on inactive status for a period up to 2
6years. An inactive license may be reactivated at any time by
7making a written request to the Secretary and by fulfilling
8the requirements established by the Secretary.
 
9    Section 70. Inactive status. A person who notifies the
10Department in writing on forms prescribed by the Department
11may elect to place his or her license on inactive status and
12shall, subject to rule of the Department, be excused from
13payment of renewal fees until he or she notifies the
14Department, in writing, of his or her desire to resume active
15status. A person requesting restoration from inactive status
16shall be required to pay the current renewal fee and shall be
17required to restore his or her license. Practice by an
18individual whose license is on inactive status shall be
19considered to be the unlicensed practice of music therapy and
20shall be grounds for discipline under this Act.
 
21    Section 75. Fees; deposit of fees. The Department shall,
22by rule, establish a schedule of fees for the administration
23and enforcement of this Act. These fees shall be
24nonrefundable. All of the fees and fines collected under this

 

 

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1Act shall be deposited into the General Professions Dedicated
2Fund. The moneys deposited into the General Professions
3Dedicated Fund shall be used by the Department, as
4appropriate, for the ordinary and contingent expenses of the
5Department. Moneys in the General Professions Dedicated Fund
6may be invested and reinvested, with all earnings received
7from these investments being deposited into that Fund and used
8for the same purposes as the fees and fines deposited in that
9Fund.
 
10    Section 80. Checks or orders dishonored. Any person who
11issues or delivers a check or other order to the Department
12that is returned to the Department unpaid by the financial
13institution upon which it is drawn shall pay to the
14Department, in addition to the amount already owed to the
15Department, a fine of $50. The fines imposed by this Section
16are in addition to any other discipline provided under this
17Act prohibiting unlicensed practice or practice on a
18nonrenewed license. The Department shall notify the person
19that payment of fees and fines shall be paid to the Department
20by certified check or money order within 30 calendar days
21after notification. If, after the expiration of 30 days from
22the date of the notification, the person has failed to submit
23the necessary remittance, the Department shall automatically
24terminate the license or certification or deny the
25application, without hearing. If, after termination or denial,

 

 

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1the person seeks a license or certificate, he or she shall
2apply to the Department for restoration or issuance of the
3license or certificate and pay all fees and fines due to the
4Department. The Department may establish a fee for the
5processing of an application for restoration of a license to
6pay all costs and expenses of processing of this application.
7The Secretary may waive the fines due under this Section in
8individual cases where the Secretary finds that the fines
9would be unnecessarily burdensome.
 
10    Section 85. Endorsement. The Department may issue a
11license as a professional music therapist or clinical music
12therapist, without administering the required examination, to
13an applicant licensed under the laws of another state, a U.S.
14territory, or another country if the requirements for
15licensure in that state, U.S. territory, or country are, on
16the date of licensure, substantially equal to the requirements
17of this Act or to a person who, at the time of his or her
18application for licensure, possesses individual qualifications
19that are substantially equivalent to the requirements of this
20Act. An applicant under this Section shall pay all of the
21required fees. An applicant shall have 3 years after the date
22of application to complete the application process. If the
23process has not been completed within the 3-year time period,
24the application shall be denied, the fee shall be forfeited,
25and the applicant shall be required to reapply and meet the

 

 

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1requirements in effect at the time of reapplication.
 
2    Section 90. Privileged communications and exceptions.
3    (a) No licensed professional music therapist or licensed
4clinical music therapist shall disclose any information
5acquired from persons consulting the therapist in a
6professional capacity, except that which may be voluntarily
7disclosed under any of the following circumstances:
8        (1) In the course of formally reporting, conferring,
9    or consulting with administrative superiors, colleagues,
10    or consultants who share professional responsibility, in
11    which instance all recipients of the information are
12    similarly bound to regard the communication as privileged.
13        (2) With the written consent of the person who
14    provided the information and about whom the information
15    concerns.
16        (3) In the case of death or disability, with the
17    written consent of a personal representative.
18        (4) When a communication reveals the intended
19    commission of a crime or harmful act and such disclosure
20    is judged necessary in the professional judgment of the
21    licensed professional music therapist or licensed clinical
22    music therapist to protect any person from a clear risk of
23    serious mental or physical harm or injury or to forestall
24    a serious threat to the public safety.
25        (5) When the person waives the privilege by bringing

 

 

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1    any public charges or filing a lawsuit against the
2    licensee.
3    (b) Any person having access to records or anyone who
4participates in providing music therapy services, or in
5providing any human services, or is supervised by a licensed
6professional music therapist or licensed clinical music
7therapist is similarly bound to regard all information and
8communications as privileged in accord with this Section.
 
9    Section 95. Grounds for discipline.
10    (a) The Department may refuse to issue, renew, or may
11revoke, suspend, place on probation, reprimand, or take other
12disciplinary or non-disciplinary action as the Department
13deems appropriate, including the issuance of fines not to
14exceed $10,000 for each violation, with regard to any license
15for any one or more of the following:
16        (1) Material misstatement in furnishing information to
17    the Department or to any other State agency.
18        (2) Violations or negligent or intentional disregard
19    of this Act, or any of its rules.
20        (3) Conviction by plea of guilty or nolo contendere,
21    finding of guilt, jury verdict, or entry of judgment or
22    sentencing, including, but not limited to, convictions,
23    preceding sentences of supervision, conditional discharge,
24    or first offender probation, under the laws of any
25    jurisdiction of the United States: (i) that is a felony or

 

 

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1    (ii) that is a misdemeanor, an essential element of which
2    is dishonesty, or that is directly related to the practice
3    of music therapy.
4        (4) Making any misrepresentation for the purpose of
5    obtaining a license, or violating any provision of this
6    Act or its rules.
7        (5) Negligence in the rendering of music therapy
8    services.
9        (6) Aiding or assisting another person in violating
10    any provision of this Act or any rules.
11        (7) Failing to provide information within 60 days in
12    response to a written request made by the Department.
13        (8) Engaging in dishonorable, unethical, or
14    unprofessional conduct of a character likely to deceive,
15    defraud, or harm the public and violating the rules of
16    professional conduct adopted by the Department.
17        (9) Failing to maintain the confidentiality of any
18    information received from a client, unless otherwise
19    authorized or required by law.
20        (10) Failure to maintain client records of services
21    provided and provide copies to clients upon request.
22        (11) Exploiting a client for personal advantage,
23    profit, or interest.
24        (12) Habitual or excessive use or addiction to
25    alcohol, narcotics, stimulants, or any other chemical
26    agent or drug which results in inability to practice with

 

 

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

 

 

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1    adequately support or serve the client.
2        (17) Willfully filing false reports relating to a
3    licensee's practice, including, but not limited to, false
4    records filed with federal or State agencies or
5    departments.
6        (18) Willfully failing to report an instance of
7    suspected child abuse or neglect as required by the Abused
8    and Neglected Child Reporting Act.
9        (19) Being named as a perpetrator in an indicated
10    report by the Department of Children and Family Services
11    pursuant to the Abused and Neglected Child Reporting Act,
12    and upon proof by clear and convincing evidence that the
13    licensee has caused a child to be an abused child or
14    neglected child as defined in the Abused and Neglected
15    Child Reporting Act.
16        (20) Physical or mental disability, including
17    deterioration through the aging process or loss of
18    abilities and skills which results in the inability to
19    practice the profession with reasonable judgment, skill,
20    or safety.
21        (21) Solicitation of professional services by using
22    false or misleading advertising.
23        (22) Failure to file a return, or to pay the tax,
24    penalty of interest shown in a filed return, or to pay any
25    final assessment of tax, penalty or interest, as required
26    by any tax Act administered by the Illinois Department of

 

 

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

 

 

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

 

 

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1Department of Professional Regulation Law of the Civil
2Administrative Code of Illinois.
3    (f) All fines or costs imposed under this Section shall be
4paid within 60 days after the effective date of the order
5imposing the fine or costs or in accordance with the terms set
6forth in the order imposing the fine.
 
7    Section 100. Suspension of license for failure to pay
8restitution. The Department, without further process or
9hearing, shall suspend the license or other authorization to
10practice of any person issued under this Act who has been
11certified by court order as not having paid restitution to a
12person under Section 8A-3.5 of the Illinois Public Aid Code or
13under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or
14the Criminal Code of 2012. A person whose license or other
15authorization to practice is suspended under this Section is
16prohibited from practicing until the restitution is made in
17full.
 
18    Section 105. Violations; injunction; cease and desist
19order.
20    (a) If any person violates the provisions of this Act, the
21Secretary may, in the name of the People of the State of
22Illinois, through the Attorney General of the State of
23Illinois or the State's Attorney of any county in which the
24violation is alleged to have occurred, petition for an order

 

 

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

 

 

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1    Section 110. Investigations; notice and hearing. The
2Department may investigate the actions of any applicant or any
3person holding or claiming to hold a license. The Department
4shall, before revoking, suspending, placing on probation,
5reprimanding, or taking any other disciplinary action under
6Section 95, at least 30 days before the date set for the
7hearing, (i) notify the accused, in writing, of any charges
8made and the time and place for the hearing on the charges,
9(ii) direct him or her to file a written answer to the charges
10with the Department under oath within 20 days after service of
11the notice, and (iii) inform the accused that, if he or she
12fails to answer, default will be taken against him or her or
13that his or her license or certificate may be suspended,
14revoked, placed on probationary status, or other disciplinary
15action taken with regard to the license, including limiting
16the scope, nature, or extent of his or her practice, as the
17Department may deem proper. In case the person, after
18receiving notice, fails to file an answer, his or her license
19may, in the discretion of the Department, be suspended,
20revoked, placed on probationary status, or the Department may
21take whatever disciplinary action considered proper, including
22limiting the scope, nature, or extent of the person's practice
23or the imposition of a fine, without a hearing, if the act or
24acts charged constitute sufficient grounds for such action
25under this Act. The written notice may be served by personal
26delivery or certified mail to the licensee's address of

 

 

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1record.
 
2    Section 115. Record of proceedings; transcript. The
3Department, at its expense, shall preserve a record of all
4proceedings at the formal hearing of any case.
 
5    Section 120. Subpoenas; depositions; oaths. The Department
6may subpoena and bring before it any person in this State and
7take the oral or written testimony or compel the production of
8any books, papers, records, or any other documents that the
9Secretary or his or her designee deems relevant or material to
10any investigation or hearing conducted by the Department with
11the same fees and mileage and in the same manner as prescribed
12in civil cases in the courts of this State. The Secretary, the
13shorthand court reporter, and the designated hearing officer
14may administer oaths at any hearing which the Department
15conducts. Notwithstanding any other statute or Department rule
16to the contrary, all requests for testimony and for the
17production of documents or records shall be in accordance with
18this Act.
 
19    Section 125. Compelling testimony. Any court, upon
20application of the Department, designated hearing officer, or
21the applicant or licensee against whom proceedings under
22Section 95 of this Act are pending, may order the attendance
23and testimony of witnesses and the production of relevant

 

 

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1documents, papers, files, books, and records in connection
2with any hearing or investigation. The court may compel
3obedience to its order by proceedings for contempt.
 
4    Section 130. Findings and recommendations. At the
5conclusion of the hearing, the hearing officer shall present
6to the Secretary a written report of its findings of fact,
7conclusions of law, and recommendations. The report shall
8contain a finding whether the licensee violated this Act or
9failed to comply with the conditions required in this Act. The
10hearing officer shall specify the nature of the violation or
11failure to comply, and shall make its recommendations to the
12Secretary. The report of findings of fact, conclusions of law,
13and recommendation of the hearing officer shall be the basis
14for the Department's order for refusing to issue, restore, or
15renew a license, or for otherwise disciplining a licensee. If
16the Secretary disagrees with the recommendations of the
17hearing officer, the Secretary may issue an order in
18contravention of the hearing officer's recommendations. The
19finding is not admissible in evidence against the person in a
20criminal prosecution brought for the violation of this Act,
21but the hearing and findings are not a bar to a criminal
22prosecution brought for the violation of this Act.
 
23    Section 135. Secretary; rehearing. Whenever the Secretary
24believes justice has not been done in the revocation,

 

 

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1suspension, or refusal to issue or renew a license or the
2discipline of a licensee, he or she may order a rehearing.
 
3    Section 140. Appointment of a hearing officer. The
4Secretary has the authority to appoint any attorney licensed
5to practice law in the State of Illinois to serve as the
6hearing officer in any action for refusal to issue or renew a
7license or permit or to discipline a licensee. The hearing
8officer has full authority to conduct the hearing. The hearing
9officer shall report his findings of fact, conclusions of law,
10and recommendations to the Secretary.
 
11    Section 145. Order or certified copy; prima facie proof.
12An order or certified copy thereof, over the seal of the
13Department and purporting to be signed by the Secretary, is
14prima facie proof that: (1) the signature is the genuine
15signature of the Secretary; and (2) the Secretary is duly
16appointed and qualified.
 
17    Section 150. Restoration of license from discipline. At
18any time after the successful completion of a term of
19indefinite probation, suspension, or revocation of a license,
20the Department may restore the license to active status,
21unless, after an investigation and a hearing, the Secretary
22determines that restoration is not in the public interest. No
23person whose license has been revoked as authorized in this

 

 

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1Act may apply for restoration of that license until authorized
2to do so under the Civil Administrative Code of Illinois.
 
3    Section 155. Surrender of license. Upon the revocation or
4suspension of a license, the licensee shall immediately
5surrender his or her license to the Department. If the
6licensee fails to do so, the Department has the right to seize
7the license.
 
8    Section 160. Summary suspension of license. The Secretary
9may summarily suspend the license of a music therapist without
10a hearing, simultaneously with the institution of proceedings
11for a hearing provided for in Section 110 of this Act, if the
12Secretary finds that the evidence indicates that the
13continuation of practice by the professional music therapist
14or clinical music therapist would constitute an imminent
15danger to the public. If the Secretary summarily suspends the
16license of an individual without a hearing, a hearing must be
17held within 30 days after the suspension has occurred and
18shall be concluded as expeditiously as possible.
 
19    Section 165. Administrative review; venue.
20    (a) All final administrative decisions of the Department
21are subject to judicial review pursuant to the Administrative
22Review Law and its rules. "Administrative decision" has the
23meaning given to that term in Section 3-101 of the Code of

 

 

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1Civil Procedure.
2    (b) Proceedings for judicial review shall be commenced in
3the circuit court of the county in which the party applying for
4review resides, but if the party is not a resident of Illinois,
5the venue shall be in Sangamon County.
 
6    Section 170. Certification of record; costs. The
7Department shall not be required to certify any record to the
8court, to file an answer in court, or to otherwise appear in
9any court in a judicial review proceeding, unless and until
10the Department has received from the plaintiff payment of the
11costs of furnishing and certifying the record, which costs
12shall be determined by the Department. Failure on the part of
13the plaintiff to file the receipt in court is grounds for
14dismissal of the action.
 
15    Section 175. Violations. Unless otherwise specified, any
16person found to have violated any provision of this Act is
17guilty of a Class A misdemeanor.
 
18    Section 180. Administrative Procedure Act; application.
19The Illinois Administrative Procedure Act is hereby expressly
20adopted and incorporated in this Act as if all of the
21provisions of such Act were included in this Act, except that
22the provision of paragraph (d) of Section 10-65 of the
23Illinois Administrative Procedure Act, which provides that at

 

 

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

 

 

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