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Public Act 102-0993


 

Public Act 0993 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0993
 
SB2243 EnrolledLRB102 17262 SPS 22733 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the Music
Therapy Licensing and Practice Act.
 
    Section 5. Declaration of public policy. The practice of
music therapy is hereby declared to affect the public health,
safety, and welfare and to be subject to regulation in the
public interest. The purpose of this Act is to ensure the
highest degree of professional conduct on the part of music
therapists, to guarantee the availability of music therapy
services provided by a qualified professional to persons in
need of those services, and to protect the public from the
practice of music therapy by unqualified individuals.
 
    Section 10. Definitions. As used in this Act:
    "Address of record" means the designated address recorded
by the Department in the applicant's application file or the
licensee's license file, as maintained by the Department's
licensure maintenance unit.
    "Advisory Board" means the Music Therapy Advisory Board.
    "Department" means the Department of Financial and
Professional Regulation.
    "Email address of record" means the designated email
address recorded by the Department in the applicant's
application file or the licensee's license file, as maintained
by the Department's licensure maintenance unit.
    "Licensed professional music therapist" means a person
licensed to practice music therapy.
    "Music therapy" means the clinical and evidence-based use
of music therapy interventions to accomplish individualized
goals for people of all ages and ability levels within a
therapeutic relationship. "Music therapy" does not include the
screening, diagnosis, or assessment of any physical, mental,
or communication disorder.
    "Music therapy intervention" includes, during a
therapist-client relationship, music improvisation, receptive
music listening, song writing, lyric discussion, music and
imagery, singing, music performance, learning through music,
music combined with other arts, music-assisted relaxation,
music-based patient education, electronic music technology,
adapted music intervention, and movement to music. "Music
therapy intervention" also includes:
        (1) accepting referrals for music therapy services
    from medical, developmental, mental health, or education
    professionals or family members, clients, caregivers, or
    others involved and authorized with the provision of
    client services;
        (2) conducting a music therapy assessment of a client
    to determine if treatment is indicated; if treatment is
    indicated, the licensee collects systematic,
    comprehensive, and accurate information to determine the
    appropriateness and type of music therapy services to
    provide for the client;
        (3) developing an individualized music therapy
    treatment plan for the client that is based upon the
    results of the music therapy assessment; as used in this
    paragraph, "music therapy treatment plan" includes
    individualized goals and objectives that focus on the
    assessed needs and strengths of the client and specify
    music therapy approaches and interventions to be used to
    address these goals and objectives;
        (4) implementing an individualized music therapy
    treatment plan that is consistent with any other
    developmental, rehabilitative, habilitative, medical,
    mental health, preventive, wellness care, or educational
    services being provided to the client;
        (5) evaluating the client's response to music therapy
    and the music therapy treatment plan, documenting change
    and progress, and suggesting modifications, as
    appropriate;
        (6) developing a plan for determining when the
    provision of music therapy services is no longer needed in
    collaboration with the client, physician, or other
    provider of health care or education of the client, family
    members of the client, and any other appropriate person
    upon whom the client relies for support;
        (7) minimizing any barriers to ensure that the client
    receives music therapy services in the least restrictive
    environment;
        (8) collaborating with and educating the client and
    the family, caregiver of the client, or any other
    appropriate person regarding the needs of the client that
    are being addressed in music therapy and the manner in
    which the music therapy treatment addresses those needs in
    compliance with State and federal law; and
        (9) utilizing appropriate knowledge and skills to
    inform practice, including use of research, reasoning, and
    problem-solving skills to determine appropriate actions in
    the context of each specific clinical setting.
    "Secretary" means the Secretary of Financial and
Professional Regulation or the Secretary's designee.
 
    Section 15. Address of record; email address of record.
All applicants and licensees shall:
        (1) provide a valid address and email address to the
    Department, which serves as the address of record and
    email address of record, respectively, at the time of
    application for licensure or renewal of a license; and
        (2) inform the Department of any change of address of
    record or email address of record within 14 days after the
    change either through the Department's website or by
    contacting the Department's licensure maintenance unit.
 
    Section 20. Music Therapy Advisory Board. There is created
within the Department a Music Therapy Advisory Board, which
shall consist of 5 members. The Secretary shall appoint all
members of the Advisory Board. The Advisory Board shall
consist of persons familiar with the practice of music therapy
to provide the Secretary with expertise and assistance in
carrying out the Secretary's duties pursuant to this Act. The
Secretary shall appoint members of the Advisory Board to serve
for terms of 4 years, and members may serve consecutive terms
at the will of the Secretary. Any vacancy shall be filled in
the same manner as a regular appointment. The Secretary shall
appoint 3 members who practice as professional music
therapists in this State, one member who is a licensed health
care provider who is not a music therapist, and one member who
is a consumer. Members shall serve without compensation.
    The Secretary may terminate the appointment of any member
for cause as determined by the Secretary.
    The Secretary may consider the recommendation of the
Advisory Board on all matters and questions relating to this
Act.
    Members of the Advisory Board shall be reimbursed for all
legitimate, necessary, and authorized expenses.
    Members of the Advisory Board shall have no liability in
any action based upon a disciplinary proceeding or other
activity performed in good faith as a member of the Advisory
Board.
 
    Section 25. Music Therapy Advisory Board; powers and
duties.
    (a) The Advisory Board shall meet at least once per year or
as otherwise called by the Secretary.
    (b) The Advisory Board shall advise the Department on all
matters pertaining to the licensure for, disciplinary actions
for, education for, continuing education requirements for, and
practice of music therapy in this State.
    (c) The Advisory Board may make recommendations as it
deems advisable to the Secretary on any matters and questions
relating to this Act and the profession and practice of music
therapy.
    (d) The Advisory Board shall annually elect one of its
members as chairperson and one of its members as vice
chairperson.
 
    Section 30. Exemptions. Nothing in this Act may be
construed to prohibit or restrict the practice, services, or
activities of the following:
        (1) A person licensed, certified, or regulated under
    the laws of this State in another profession or
    occupation, including physicians, psychologists,
    registered nurses, marriage and family therapists, social
    workers, occupational therapists, professional
    counselors, speech-language pathologists or audiologists,
    or personnel supervised by a licensed professional,
    performing work, including the use of music, incidental to
    the practice of that person's licensed, certified, or
    regulated profession or occupation, if the person does not
    represent the person as a licensed music therapist.
        (2) Any practice of music therapy as an integral part
    of a program of study for students enrolled in an
    accredited music therapy program, if the student does not
    represent the student as a music therapist.
 
    Section 35. Collaboration. Before a licensed professional
music therapist provides music therapy services to a client
for an identified clinical or developmental need, the licensee
shall review the client's diagnosis, treatment needs, and
treatment plan with the health care providers involved in the
client's care. Before a licensed professional music therapist
provides music therapy services to a student for an identified
educational need in a special education setting, the licensee
shall review with the individualized family service plan or
individualized education program team the student's diagnosis,
treatment needs, and treatment plan. During the provision of
music therapy services to a client, the licensed professional
music therapist shall collaborate, as applicable, with the
client's treatment team, including the client's physician,
psychologist, licensed clinical social worker, or other mental
health professional. A licensed music therapist whose highest
degree in music therapy is a baccalaureate degree shall not
engage in the practice of psychotherapy unless supervised by a
licensed music therapist with a master's degree in music
therapy, a licensed clinical social worker, a licensed
clinical psychologist, a licensed clinical professional
counselor, a licensed marriage and family therapist, or a
psychiatrist, as defined in Section 1-121 of the Mental Health
and Developmental Disabilities Code. During the provision of
music therapy services to a client with a communication
disorder, the licensed professional music therapist shall
collaborate and discuss the music therapy treatment plan with
the client's audiologist or speech-language pathologist so
that a music therapist may work with the client and address
communication skills.
    When providing educational or health care services, a
licensed professional music therapist may not replace the
services provided by an audiologist or a speech-language
pathologist. Unless authorized to practice speech-language
pathology, music therapists may not evaluate, examine,
instruct, or counsel on speech, language, communication, and
swallowing disorders and conditions. An individual licensed as
a professional music therapist may not represent to the public
that the individual is authorized to treat a communication
disorder. This does not prohibit an individual licensed as a
professional music therapist from representing to the public
that the individual may work with clients who have a
communication disorder and address communication skills.
 
    Section 40. Unlicensed practice; violation; civil penalty.
    (a) Any person who practices, offers to practice, attempts
to practice, or holds the person out to practice as a music
therapist without being licensed or exempt under this Act, as
described in Section 30, shall, in addition to any other
penalty provided by law, pay a civil penalty to the Department
in an amount not to exceed $10,000 for each offense, as
determined by the Department. The civil penalty shall be
assessed by the Department after a hearing is held in
accordance with the provisions set forth in this Act regarding
the provision of a hearing for the discipline of a licensee.
    (b) The Department may investigate any actual, alleged, or
suspected unlicensed activity.
    (c) The civil penalty shall be paid within 60 days after
the effective date of the order imposing the civil penalty.
The order shall constitute a final judgment and may be filed
and execution had thereon in the same manner as any judgment
from any court of record.
 
    Section 45. Powers and duties of the Department. Subject
to the provisions of this Act, the Department shall:
        (1) adopt rules defining what constitutes a curriculum
    for music therapy that is reputable and in good standing;
        (2) adopt rules providing for the establishment of a
    uniform and reasonable standard of instruction and
    maintenance to be observed by all curricula for music
    therapy that are approved by the Department and determine
    the reputability and good standing of the curricula for
    music therapy by reference to compliance with the rules,
    provided that no school of music therapy that refuses
    admittance to applicants solely on account of race, color,
    creed, sex, or national origin shall be considered
    reputable and in good standing;
        (3) adopt and publish rules for a method of
    examination of candidates for licensed professional music
    therapists and for issuance of licenses authorizing
    candidates upon passing examination to practice as
    licensed professional music therapists;
        (4) review applications to ascertain the
    qualifications of applicants for licenses;
        (5) authorize examinations to ascertain the
    qualifications of those applicants who require
    examinations as a component of a license;
        (6) conduct hearings on proceedings to refuse to issue
    or renew a license or to revoke, suspend, place on
    probation, or reprimand licenses issued under this Act or
    otherwise discipline; and
        (7) adopt rules necessary for the administration of
    this Act.
 
    Section 50. Application for original license. Applications
for original licenses shall be made to the Department on forms
prescribed by the Department and accompanied by the required
fee, which is not refundable. All applications shall contain
information that, in the judgment of the Department, will
enable the Department to approve or disapprove of the
qualifications of the applicant for a license to practice as a
professional music therapist. If an applicant fails to obtain
a license under this Act within 3 years after filing the
application, the application shall be denied. The applicant
may make a new application, which shall be accompanied by the
required nonrefundable fee. The applicant shall be required to
meet the qualifications required for licensure at the time of
reapplication.
 
    Section 55. Social Security Number on license application.
In addition to any other information required to be contained
in the application, every application for an original license
under this Act shall include the applicant's Social Security
Number, which shall be retained in the Department's records
pertaining to the license. As soon as practical, the
Department shall assign a customer's identification number to
each applicant for a license. Every application for a renewal,
reinstated, or restored license shall require the applicant's
customer identification number.
 
    Section 60. Qualifications for licensure.
    (a) The Secretary shall issue a license to an applicant
for a professional music therapist license if the applicant
has completed and submitted an application form in the manner
as the Secretary prescribes, accompanied by applicable fees,
and evidence satisfactory to the Secretary that:
        (1) the applicant has received a baccalaureate degree
    or higher in music therapy, or its equivalent, as defined
    by the Department;
        (2) the applicant is at least 18 years of age;
        (3) the applicant is of good moral character. In
    determining moral character under this paragraph, the
    Department may take into consideration whether the
    applicant has engaged in conduct or activities which would
    constitute grounds for discipline under this Act; and
        (4) the applicant provides proof of passing an exam
    determined by the Department or provides proof that the
    applicant holds a current music therapist credential as
    determined by the Department.
 
    Section 65. License renewal.
    (a) Every license issued under this Act shall be renewed
biennially. A license shall be renewed upon payment of a
renewal fee, provided that the applicant is in compliance with
this Act at the time of application for renewal. The following
shall also be required for license renewal:
        (1) Proof of completion of a minimum of 40 hours of
    continuing education as established by rule.
        (2) For those licensed professional music therapists
    that have direct patient interactions with adult
    populations age 26 or older, proof of completion of at
    least one hour of training on the diagnosis, treatment,
    and care of individuals with Alzheimer's disease and other
    dementias per renewal period; this training shall include,
    but not be limited to, assessment and diagnosis, effective
    communication strategies, and management and care
    planning; this one-hour course counts toward meeting the
    minimum credit hours required for continuing education.
    (b) A licensee shall inform the Secretary of any changes
to the licensee's address. Each licensee shall be responsible
for timely renewal of the licensee's license.
 
    Section 70. Inactive status. A person who notifies the
Department in writing on forms prescribed by the Department
may elect to place the person's license on inactive status and
shall, subject to rule of the Department, be excused from
payment of renewal fees until the person notifies the
Department, in writing, of the person's desire to resume
active status. A person requesting restoration from inactive
status shall be required to pay the current renewal fee and
shall be required to restore the person's license. Practice by
an individual whose license is on inactive status shall be
considered to be the unlicensed practice of music therapy and
shall be grounds for discipline under this Act.
 
    Section 75. Fees; deposit of fees. The Department shall,
by rule, establish all fees for the administration and
enforcement of this Act. These fees shall be nonrefundable.
All of the fees and fines collected under this Act shall be
deposited into the General Professions Dedicated Fund. The
moneys deposited into the General Professions Dedicated Fund
shall be used by the Department, as appropriate, for the
ordinary and contingent expenses of the Department. Moneys in
the General Professions Dedicated Fund may be invested and
reinvested, with all earnings received from these investments
being deposited into that Fund and used for the same purposes
as the fees and fines deposited in that Fund.
 
    Section 80. Checks or orders dishonored. Any person who
issues or delivers a check or other order to the Department
that is returned to the Department unpaid by the financial
institution upon which it is drawn shall pay to the
Department, in addition to the amount already owed to the
Department, a fine of $50. The fines imposed by this Section
are in addition to any other discipline provided under this
Act prohibiting unlicensed practice or practice on a
nonrenewed license. The Department shall notify the person
that payment of fees and fines shall be paid to the Department
by certified check or money order within 30 calendar days
after notification. If, after the expiration of 30 days from
the date of the notification, the person has failed to submit
the necessary remittance, the Department shall automatically
terminate the license or certification or deny the
application, without hearing. If, after termination or denial,
the person seeks a license or certificate, the person shall
apply to the Department for restoration or issuance of the
license or certificate and pay all fees and fines due to the
Department. The Department may establish a fee for the
processing of an application for restoration of a license to
pay all costs and expenses of processing of the application.
The Secretary may waive the fines due under this Section in
individual cases where the Secretary finds that the fines
would be unnecessarily burdensome.
 
    Section 85. Endorsement. The Department may issue a
license as a professional music therapist, without
administering the required examination, to an applicant
licensed under the laws of another state, a U.S. territory, or
another country if the requirements for licensure in that
state, U.S. territory, or country are, on the date of
licensure, substantially equal to the requirements of this Act
or to a person who, at the time of the person's application for
licensure, possesses individual qualifications that are
substantially equivalent to the requirements of this Act. An
applicant under this Section shall pay all of the required
fees. An applicant shall have 3 years after the date of
application to complete the application process. If the
process has not been completed within the 3-year time period,
the application shall be denied, the fee shall be forfeited,
and the applicant shall be required to reapply and meet the
requirements in effect at the time of reapplication.
 
    Section 90. Privileged communications and exceptions.
    (a) No licensed professional music therapist shall
disclose any information acquired from persons consulting the
therapist in a professional capacity, except that which may be
voluntarily disclosed under any of the following
circumstances:
        (1) In the course of formally reporting, conferring,
    or consulting with administrative superiors, colleagues,
    or consultants who share professional responsibility, in
    which instance all recipients of the information are
    similarly bound to regard the communication as privileged.
        (2) With the written consent of the person who
    provided the information and about whom the information
    concerns.
        (3) In the case of death or disability, with the
    written consent of a personal representative.
        (4) When a communication reveals the intended
    commission of a crime or harmful act and the disclosure is
    judged necessary in the professional judgment of the
    licensed professional music therapist to protect any
    person from a clear risk of serious mental or physical
    harm or injury or to forestall a serious threat to the
    public safety.
        (5) When the person waives the privilege by bringing
    any public charges or filing a lawsuit against the
    licensee.
    (b) Any person having access to records or anyone who
participates in providing music therapy services, or in
providing any human services, or is supervised by a licensed
professional music therapist is similarly bound to regard all
information and communications as privileged in accord with
this Section.
 
    Section 95. Grounds for discipline.
    (a) The Department may refuse to issue, renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or nondisciplinary action as the Department deems
appropriate, including the issuance of fines not to exceed
$10,000 for each violation, with regard to any license for any
one or more of the following:
        (1) Material misstatement in furnishing information to
    the Department or to any other State agency.
        (2) Violations or negligent or intentional disregard
    of this Act, or any of its rules.
        (3) Conviction by plea of guilty or nolo contendere,
    finding of guilt, jury verdict, or entry of judgment or
    sentencing, including, but not limited to, convictions,
    preceding sentences of supervision, conditional discharge,
    or first offender probation, under the laws of any
    jurisdiction of the United States (i) that is a felony or
    (ii) that is a misdemeanor, an essential element of which
    is dishonesty, or that is directly related to the practice
    of music therapy.
        (4) Making any misrepresentation for the purpose of
    obtaining a license, or violating any provision of this
    Act or its rules.
        (5) Negligence in the rendering of music therapy
    services.
        (6) Aiding or assisting another person in violating
    any provision of this Act or any of its rules.
        (7) Failing to provide information within 60 days in
    response to a written request made by the Department.
        (8) Engaging in dishonorable, unethical, or
    unprofessional conduct of a character likely to deceive,
    defraud, or harm the public and violating the rules of
    professional conduct adopted by the Department.
        (9) Failing to maintain the confidentiality of any
    information received from a client, unless otherwise
    authorized or required by law.
        (10) Failure to maintain client records of services
    provided and provide copies to clients upon request.
        (11) Exploiting a client for personal advantage,
    profit, or interest.
        (12) Habitual or excessive use or addiction to
    alcohol, narcotics, stimulants, or any other chemical
    agent or drug which results in inability to practice with
    reasonable skill, judgment, or safety.
        (13) Discipline by another governmental agency or unit
    of government, by any jurisdiction of the United States,
    or by a foreign nation, if at least one of the grounds for
    the discipline is the same or substantially equivalent to
    those set forth in this Section.
        (14) Directly or indirectly giving to or receiving
    from any person, firm, corporation, partnership, or
    association any fee, commission, rebate, or other form of
    compensation for any professional service not actually
    rendered. Nothing in this paragraph affects any bona fide
    independent contractor or employment arrangements among
    health care professionals, health facilities, health care
    providers, or other entities, except as otherwise
    prohibited by law. Any employment arrangements may include
    provisions for compensation, health insurance, pension, or
    other employment benefits for the provision of services
    within the scope of the licensee's practice under this
    Act. Nothing in this paragraph shall be construed to
    require an employment arrangement to receive professional
    fees for services rendered.
        (15) A finding by the Department that the licensee,
    after having the license placed on probationary status,
    has violated the terms of probation.
        (16) Failing to refer a client to other health care
    professionals when the licensee is unable or unwilling to
    adequately support or serve the client.
        (17) Willfully filing false reports relating to a
    licensee's practice, including, but not limited to, false
    records filed with federal or State agencies or
    departments.
        (18) Willfully failing to report an instance of
    suspected child abuse or neglect as required by the Abused
    and Neglected Child Reporting Act.
        (19) Being named as a perpetrator in an indicated
    report by the Department of Children and Family Services
    pursuant to the Abused and Neglected Child Reporting Act,
    and upon proof by clear and convincing evidence that the
    licensee has caused a child to be an abused child or
    neglected child as defined in the Abused and Neglected
    Child Reporting Act.
        (20) Physical or mental disability, including
    deterioration through the aging process or loss of
    abilities and skills which results in the inability to
    practice the profession with reasonable judgment, skill,
    or safety.
        (21) Solicitation of professional services by using
    false or misleading advertising.
        (22) Fraud or making any misrepresentation in applying
    for or procuring a license under this Act or in connection
    with applying for renewal of a license under this Act.
        (23) Practicing or attempting to practice under a name
    other than the full name as shown on the license or any
    other legally authorized name.
        (24) Gross overcharging for professional services,
    including filing statements for collection of fees or
    moneys for which services are not rendered.
        (25) Charging for professional services not rendered,
    including filing false statements for the collection of
    fees for which services are not rendered.
        (26) Allowing one's license under this Act to be used
    by an unlicensed person in violation of this Act.
    (b) The determination by a court that a licensee is
subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code shall result in an automatic suspension of the licensee's
license. The suspension will end upon a finding by a court that
the licensee is no longer subject to involuntary admission or
judicial admission, the issuance of an order so finding and
discharging the patient, and the determination of the
Secretary that the licensee be allowed to resume professional
practice.
    (c) The Department may refuse to issue or renew or may
suspend without hearing the license of any person who fails to
file a return, to pay the tax penalty or interest shown in a
filed return, or to pay any final assessment of the tax,
penalty, or interest as required by any Act regarding the
payment of taxes administered by the Department of Revenue
until the requirements of the Act are satisfied in accordance
with subsection (g) of Section 2105-15 of the Civil
Administrative Code of Illinois.
    (d) In cases where the Department of Healthcare and Family
Services has previously determined that a licensee or a
potential licensee is more than 30 days delinquent in the
payment of child support and has subsequently certified the
delinquency to the Department, the Department may refuse to
issue or renew or may revoke or suspend that person's license
or may take other disciplinary action against that person
based solely upon the certification of delinquency made by the
Department of Healthcare and Family Services in accordance
with paragraph (5) of subsection (a) of Section 2105-15 of the
Department of Professional Regulation Law of the Civil
Administrative Code of Illinois.
    (e) All fines or costs imposed under this Section shall be
paid within 60 days after the effective date of the order
imposing the fine or costs or in accordance with the terms set
forth in the order imposing the fine.
 
    Section 100. Violations; injunction; cease and desist
order.
    (a) If any person violates the provisions of this Act, the
Secretary may, in the name of the People of the State of
Illinois, through the Attorney General or the State's Attorney
of any county in which the violation is alleged to have
occurred, petition for an order enjoining the violation or for
an order enforcing compliance with this Act. Upon the filing
of a verified petition, the court with appropriate
jurisdiction may issue a temporary restraining order without
notice or bond, and may preliminarily and permanently enjoin
the violation. If it is established that the person has
violated or is violating the injunction, the court may punish
the offender for contempt of court. Proceedings under this
Section are in addition to all other remedies and penalties
provided by this Act.
    (b) Whenever, in the opinion of the Department, a person
violates any provision of this Act, the Department may issue a
rule to show cause why an order to cease and desist should not
be entered against that person. The rule shall clearly set
forth the grounds relied upon by the Department and shall
allow at least 7 days from the date of the rule to file an
answer satisfactory to the Department. Failure to answer to
the satisfaction of the Department shall cause an order to
cease and desist to be issued.
 
    Section 105. Investigations; notice and hearing. The
Department may investigate the actions of any applicant or any
person holding or claiming to hold a license or engaging in the
practice of music therapy. The Department shall, before
revoking, suspending, placing on probation, reprimanding, or
taking any other disciplinary action under Section 95, at
least 30 days before the date set for the hearing, (i) notify
the accused, in writing, of any charges made and the time and
place for the hearing on the charges, (ii) direct the accused
to file a written answer to the charges with the Department
under oath within 20 days after service of the notice, and
(iii) inform the accused that, if the accused fails to answer,
default will be taken against the accused or that the
accused's license or certificate may be suspended, revoked,
placed on probationary status, or other disciplinary action
taken with regard to the license, including limiting the
scope, nature, or extent of the accused's practice, as the
Department may deem proper. In case the person, after
receiving notice, fails to file an answer, the accused's
license may, in the discretion of the Department, be
suspended, revoked, placed on probationary status, or the
Department may take whatever disciplinary action considered
proper, including limiting the scope, nature, or extent of the
person's practice or the imposition of a fine, without a
hearing, if the act or acts charged constitute sufficient
grounds for such action under this Act. The written notice may
be served by personal delivery, mail, or email to the address
of record or email address of record.
 
    Section 110. Record of proceedings; transcript. The
Department, at its expense, shall preserve a record of all
proceedings at the formal hearing of any case except as
otherwise provided by statute or rule.
 
    Section 115. Subpoenas; depositions; oaths. The Department
may subpoena and bring before it any person in this State and
take the oral or written testimony or compel the production of
any books, papers, records, or any other documents that the
Secretary or the Secretary's designee deems relevant or
material to any investigation or hearing conducted by the
Department with the same fees and mileage and in the same
manner as prescribed in civil cases in the courts of this
State. The Secretary, the shorthand court reporter, the
designated hearing officer, and every member of the Advisory
Board may administer oaths at any hearing which the Department
conducts. Notwithstanding any other statute or Department rule
to the contrary, all requests for testimony and for the
production of documents or records shall be in accordance with
this Act.
 
    Section 120. Compelling testimony. Any court, upon
application of the Department, designated hearing officer, or
the applicant or licensee against whom proceedings under
Section 95 are pending, may order the attendance and testimony
of witnesses and the production of relevant documents, papers,
files, books, and records in connection with any hearing or
investigation. The court may compel obedience to its order by
proceedings for contempt.
 
    Section 125. Findings and recommendations. At the
conclusion of the hearing, the hearing officer or Advisory
Board shall present to the Secretary a written report of its
findings of fact, conclusions of law, and recommendations. The
report shall contain a finding whether the licensee violated
this Act or failed to comply with the conditions required in
this Act. The hearing officer or Advisory Board shall specify
the nature of the violation or failure to comply, and shall
make its recommendations to the Secretary. The report of
findings of fact, conclusions of law, and recommendation of
the hearing officer or Advisory Board shall be the basis for
the Department's order for refusing to issue, restore, or
renew a license, or for otherwise disciplining a licensee. If
the Secretary disagrees with the recommendations of the
hearing officer or Advisory Board, the Secretary may issue an
order in contravention of the hearing officer's or Advisory
Board's recommendations. The finding is not admissible in
evidence against the person in a criminal prosecution brought
for the violation of this Act, but the hearing and findings are
not a bar to a criminal prosecution brought for the violation
of this Act.
 
    Section 130. Secretary; rehearing. Whenever the Secretary
believes substantial justice has not been done in the
revocation, suspension, or refusal to issue or renew a license
or the discipline of a licensee, the Secretary may order a
rehearing.
 
    Section 135. Appointment of a hearing officer. The
Secretary has the authority to appoint any attorney licensed
to practice law in the State to serve as the hearing officer in
any action for refusal to issue or renew a license or permit or
to discipline a licensee. The hearing officer has full
authority to conduct the hearing. The hearing officer shall
report the hearing officer's findings of fact, conclusions of
law, and recommendations to the Secretary.
 
    Section 140. Order or certified copy; prima facie proof.
An order or certified copy thereof, over the seal of the
Department and purporting to be signed by the Secretary, is
prima facie proof that: (1) the signature is the genuine
signature of the Secretary; and (2) the Secretary is duly
appointed and qualified.
 
    Section 145. Restoration of license from discipline. At
any time after the successful completion of a term of
indefinite probation, suspension, or revocation of a license,
the Department may restore the license to active status,
unless, after an investigation and a hearing, the Secretary
determines that restoration is not in the public interest. No
person whose license has been revoked as authorized in this
Act may apply for restoration of that license until authorized
to do so under the Civil Administrative Code of Illinois.
 
    Section 150. Summary suspension of license. The Secretary
may summarily suspend the license of a music therapist without
a hearing, simultaneously with the institution of proceedings
for a hearing provided for in Section 105, if the Secretary
finds that the evidence indicates that the continuation of
practice by the professional music therapist would constitute
an imminent danger to the public. If the Secretary summarily
suspends the license of an individual without a hearing, a
hearing must be held within 30 days after the suspension has
occurred and shall be concluded as expeditiously as possible.
 
    Section 155. Administrative review; venue.
    (a) All final administrative decisions of the Department
are subject to judicial review pursuant to the Administrative
Review Law and its rules. As used in this Section,
"administrative decision" has the same meaning as used in
Section 3-101 of the Code of Civil Procedure.
    (b) Proceedings for judicial review shall be commenced in
the circuit court of the county in which the party applying for
review resides, but if the party is not a resident of this
State, the venue shall be in Sangamon County.
 
    Section 160. Certification of record; costs. The
Department shall not be required to certify any record to the
court, to file an answer in court, or to otherwise appear in
any court in a judicial review proceeding, unless and until
the Department has received from the plaintiff payment of the
costs of furnishing and certifying the record, which costs
shall be determined by the Department. Failure on the part of
the plaintiff to file the receipt in court is grounds for
dismissal of the action.
 
    Section 165. Violations. Unless otherwise specified, any
person found to have violated any provision of this Act is
guilty of a Class A misdemeanor.
 
    Section 170. Illinois Administrative Procedure Act;
application. The Illinois Administrative Procedure Act is
hereby expressly adopted and incorporated in this Act as if
all of the provisions of that Act were included in this Act,
except subsection (d) of Section 10-65 of the Illinois
Administrative Procedure Act, which provides that at hearings
the license holder has the right to show compliance with all
lawful requirements for retention, continuation, or renewal of
the certificate, is specifically excluded. For the purpose of
this Act, the notice required under Section 10-25 of the
Illinois Administrative Procedure Act is deemed sufficient
when mailed to the last known address of a party or the address
of record.
 
    Section 175. Home rule. The regulation and licensing of
professional music therapists are exclusive powers and
functions of the State. A home rule unit may not regulate or
license professional music therapists. This Section is a
denial and limitation of home rule powers and functions under
subsection (h) of Section 6 of Article VII of the Illinois
Constitution.
 
    Section 180. Confidentiality. All information collected by
the Department in the course of an examination or
investigation of a licensee or applicant, including, but not
limited to, any complaint against a licensee filed with the
Department and information collected to investigate any
complaint, shall be maintained for the confidential use of the
Department and shall not be disclosed. The Department shall
not disclose the information to anyone other than law
enforcement officials, regulatory agencies that have an
appropriate regulatory interest as determined by the
Secretary, or a party presenting a lawful subpoena to the
Department. Information and documents disclosed to a federal,
State, county, or local law enforcement agency shall not be
disclosed by the agency for any purpose to any other agency or
person. A formal complaint filed against a licensee or
registrant by the Department or any other complaint issued by
the Department against a licensee, registrant, or applicant
shall be a public record, except as otherwise prohibited by
law.
 
    Section 900. The Regulatory Sunset Act is amended by
changing Section 4.38 as follows:
 
    (5 ILCS 80/4.38)
    Sec. 4.38. Acts repealed on January 1, 2028. The following
Acts are repealed on January 1, 2028:
    The Acupuncture Practice Act.
    The Clinical Social Work and Social Work Practice Act.
    The Home Medical Equipment and Services Provider License
Act.
    The Illinois Petroleum Education and Marketing Act.
    The Illinois Speech-Language Pathology and Audiology
Practice Act.
    The Interpreter for the Deaf Licensure Act of 2007.
    The Music Therapy Licensing and Practice Act.
    The Nurse Practice Act.
    The Nursing Home Administrators Licensing and Disciplinary
Act.
    The Physician Assistant Practice Act of 1987.
    The Podiatric Medical Practice Act of 1987.
(Source: P.A. 100-220, eff. 8-18-17; 100-375, eff. 8-25-17;
100-398, eff. 8-25-17; 100-414, eff. 8-25-17; 100-453, eff.
8-25-17; 100-513, eff. 9-20-17; 100-525, eff. 9-22-17;
100-530, eff. 9-22-17; 100-560, eff. 12-8-17.)
 
    Section 999. Effective date. This Act takes effect upon
becoming law.

Effective Date: 5/27/2022