Sen. Laura M. Murphy
Filed: 2/17/2022
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1 | AMENDMENT TO SENATE BILL 2243
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2 | AMENDMENT NO. ______. Amend Senate Bill 2243, AS AMENDED, | ||||||
3 | by replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 1. Short title. This Act may be cited as the Music | ||||||
6 | Therapy Licensing and Practice Act. | ||||||
7 | Section 5. Declaration of public policy. The practice of | ||||||
8 | music therapy is hereby declared to affect the public health, | ||||||
9 | safety, and welfare and to be subject to regulation in the | ||||||
10 | public interest. The purpose of this Act is to ensure the | ||||||
11 | highest degree of professional conduct on the part of music | ||||||
12 | therapists, to guarantee the availability of music therapy | ||||||
13 | services provided by a qualified professional to persons in | ||||||
14 | need of those services, and to protect the public from the | ||||||
15 | practice of music therapy by unqualified individuals. |
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1 | Section 10. Definitions. As used in this Act:
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2 | "Address of record" means the designated address recorded | ||||||
3 | by the Department in the applicant's application file or the | ||||||
4 | licensee's license file, as maintained by the Department's | ||||||
5 | licensure maintenance unit. | ||||||
6 | "Advisory Board" means the Music Therapy Advisory Board.
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7 | "Department" means the Department of Financial and | ||||||
8 | Professional Regulation.
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9 | "Email address of record" means the designated email | ||||||
10 | address recorded by the Department in the applicant's | ||||||
11 | application file or the licensee's license file, as maintained | ||||||
12 | by the Department's licensure maintenance unit. | ||||||
13 | "Licensed professional music therapist" means a person | ||||||
14 | licensed to practice music therapy.
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15 | "Music therapy" means the clinical and evidence-based use | ||||||
16 | of music therapy interventions to accomplish individualized | ||||||
17 | goals for people of all ages and ability levels within a | ||||||
18 | therapeutic relationship. "Music therapy" does not include the | ||||||
19 | screening, diagnosis, or assessment of any physical, mental, | ||||||
20 | or communication disorder. | ||||||
21 | "Music therapy intervention" includes, during a | ||||||
22 | therapist-client relationship, music improvisation, receptive | ||||||
23 | music listening, song writing, lyric discussion, music and | ||||||
24 | imagery, singing, music performance, learning through music, | ||||||
25 | music combined with other arts, music-assisted relaxation, | ||||||
26 | music-based patient education, electronic music technology, |
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1 | adapted music intervention, and movement to music. "Music | ||||||
2 | therapy intervention" also includes:
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3 | (1) accepting referrals for music therapy services | ||||||
4 | from medical, developmental, mental health, or education | ||||||
5 | professionals or family members, clients, caregivers, or | ||||||
6 | others involved and authorized with the provision of | ||||||
7 | client services; | ||||||
8 | (2) conducting a music therapy assessment of a client | ||||||
9 | to determine if treatment is indicated; if treatment is | ||||||
10 | indicated, the licensee collects systematic, | ||||||
11 | comprehensive, and accurate information to determine the | ||||||
12 | appropriateness and type of music therapy services to | ||||||
13 | provide for the client; | ||||||
14 | (3) developing an individualized music therapy | ||||||
15 | treatment plan for the client that is based upon the | ||||||
16 | results of the music therapy assessment; as used in this | ||||||
17 | paragraph, "music therapy treatment plan" includes | ||||||
18 | individualized goals and objectives that focus on the | ||||||
19 | assessed needs and strengths of the client and specify | ||||||
20 | music therapy approaches and interventions to be used to | ||||||
21 | address these goals and objectives; | ||||||
22 | (4) implementing an individualized music therapy | ||||||
23 | treatment plan that is consistent with any other | ||||||
24 | developmental, rehabilitative, habilitative, medical, | ||||||
25 | mental health, preventive, wellness care, or educational | ||||||
26 | services being provided to the client; |
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1 | (5) evaluating the client's response to music therapy | ||||||
2 | and the music therapy treatment plan, documenting change | ||||||
3 | and progress, and suggesting modifications, as | ||||||
4 | appropriate; | ||||||
5 | (6) developing a plan for determining when the | ||||||
6 | provision of music therapy services is no longer needed in | ||||||
7 | collaboration with the client, physician, or other | ||||||
8 | provider of health care or education of the client, family | ||||||
9 | members of the client, and any other appropriate person | ||||||
10 | upon whom the client relies for support; | ||||||
11 | (7) minimizing any barriers to ensure that the client | ||||||
12 | receives music therapy services in the least restrictive | ||||||
13 | environment; | ||||||
14 | (8) collaborating with and educating the client and | ||||||
15 | the family, caregiver of the client, or any other | ||||||
16 | appropriate person regarding the needs of the client that | ||||||
17 | are being addressed in music therapy and the manner in | ||||||
18 | which the music therapy treatment addresses those needs in | ||||||
19 | compliance with State and federal law; and | ||||||
20 | (9) utilizing appropriate knowledge and skills to | ||||||
21 | inform practice, including use of research, reasoning, and | ||||||
22 | problem-solving skills to determine appropriate actions in | ||||||
23 | the context of each specific clinical setting. | ||||||
24 | "Secretary" means the Secretary of Financial and | ||||||
25 | Professional Regulation or the Secretary's designee.
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1 | Section 15. Address of record; email address of record.
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2 | All applicants and licensees shall:
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3 | (1) provide a valid address and email address to the | ||||||
4 | Department, which serves as the address of record and | ||||||
5 | email address of record, respectively, at the time of | ||||||
6 | application for licensure or renewal of a license; and
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7 | (2) inform the Department of any change of address of | ||||||
8 | record or email address of record within 14 days after the | ||||||
9 | change either through the Department's website or by | ||||||
10 | contacting the Department's licensure maintenance unit.
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11 | Section 20. Music Therapy Advisory Board. There is created | ||||||
12 | within the Department a Music Therapy Advisory Board, which | ||||||
13 | shall consist of 5 members. The Secretary shall appoint all | ||||||
14 | members of the Advisory Board. The Advisory Board shall | ||||||
15 | consist of persons familiar with the practice of music therapy | ||||||
16 | to provide the Secretary with expertise and assistance in | ||||||
17 | carrying out the Secretary's duties pursuant to this Act. The | ||||||
18 | Secretary shall appoint members of the Advisory Board to serve | ||||||
19 | for terms of 4 years, and members may serve consecutive terms | ||||||
20 | at the will of the Secretary. Any vacancy shall be filled in | ||||||
21 | the same manner as a regular appointment. The Secretary shall | ||||||
22 | appoint 3 members who practice as professional music | ||||||
23 | therapists in this State, one member who is a licensed health | ||||||
24 | care provider who is not a music therapist, and one member who | ||||||
25 | is a consumer. Members shall serve without compensation. |
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1 | The Secretary may terminate the appointment of any member | ||||||
2 | for cause as determined by the Secretary. | ||||||
3 | The Secretary may consider the recommendation of the | ||||||
4 | Advisory Board on all matters and questions relating to this | ||||||
5 | Act. | ||||||
6 | Members of the Advisory Board shall be reimbursed for all | ||||||
7 | legitimate, necessary, and authorized expenses. | ||||||
8 | Members of the Advisory Board shall have no liability in | ||||||
9 | any action based upon a disciplinary proceeding or other | ||||||
10 | activity performed in good faith as a member of the Advisory | ||||||
11 | Board. | ||||||
12 | Section 25. Music Therapy Advisory Board; powers and | ||||||
13 | duties.
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14 | (a) The Advisory Board shall meet at least once per year or | ||||||
15 | as otherwise called by the Secretary.
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16 | (b) The Advisory Board shall advise the Department on all | ||||||
17 | matters pertaining to the licensure for, disciplinary actions | ||||||
18 | for, education for, continuing education requirements for, and | ||||||
19 | practice of music therapy in this State.
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20 | (c) The Advisory Board may make recommendations as it | ||||||
21 | deems advisable to the Secretary on any matters and questions | ||||||
22 | relating to this Act and the profession and practice of music | ||||||
23 | therapy. | ||||||
24 | (d) The Advisory Board shall annually elect one of its | ||||||
25 | members as chairperson and one of its members as vice |
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1 | chairperson.
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2 | Section 30. Exemptions.
Nothing in this Act may be | ||||||
3 | construed to prohibit or restrict the practice, services, or | ||||||
4 | activities of the following: | ||||||
5 | (1) A person licensed, certified, or regulated under | ||||||
6 | the laws of this State in another profession or | ||||||
7 | occupation, including physicians, psychologists, | ||||||
8 | registered nurses, marriage and family therapists, social | ||||||
9 | workers, occupational therapists, professional | ||||||
10 | counselors, speech-language pathologists or audiologists, | ||||||
11 | or personnel supervised by a licensed professional, | ||||||
12 | performing work, including the use of music, incidental to | ||||||
13 | the practice of that person's licensed, certified, or | ||||||
14 | regulated profession or occupation, if the person does not | ||||||
15 | represent the person as a licensed music therapist. | ||||||
16 | (2) Any practice of music therapy as an integral part | ||||||
17 | of a program of study for students enrolled in an | ||||||
18 | accredited music therapy program, if the student does not | ||||||
19 | represent the student as a music therapist. | ||||||
20 | Section 35. Collaboration. Before a licensed professional | ||||||
21 | music therapist provides music therapy services to a client | ||||||
22 | for an identified clinical or developmental need, the licensee | ||||||
23 | shall review the client's diagnosis, treatment needs, and | ||||||
24 | treatment plan with the health care providers involved in the |
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1 | client's care. Before a licensed professional music therapist | ||||||
2 | provides music therapy services to a student for an identified | ||||||
3 | educational need in a special education setting, the licensee | ||||||
4 | shall review with the individualized family service plan or | ||||||
5 | individualized education program team the student's diagnosis, | ||||||
6 | treatment needs, and treatment plan. During the provision of | ||||||
7 | music therapy services to a client, the licensed professional | ||||||
8 | music therapist shall collaborate, as applicable, with the | ||||||
9 | client's treatment team, including the client's physician, | ||||||
10 | psychologist, licensed clinical social worker, or other mental | ||||||
11 | health professional. A licensed music therapist whose highest | ||||||
12 | degree in music therapy is a baccalaureate degree shall not | ||||||
13 | engage in the practice of psychotherapy unless supervised by a | ||||||
14 | licensed music therapist with a master's degree in music | ||||||
15 | therapy, a licensed clinical social worker, a licensed | ||||||
16 | clinical psychologist, a licensed clinical professional | ||||||
17 | counselor, a licensed marriage and family therapist, or a | ||||||
18 | psychiatrist, as defined in Section 1-121 of the Mental Health | ||||||
19 | and Developmental Disabilities Code. During the provision of | ||||||
20 | music therapy services to a client with a communication | ||||||
21 | disorder, the licensed professional music therapist shall | ||||||
22 | collaborate and discuss the music therapy treatment plan with | ||||||
23 | the client's audiologist or speech-language pathologist so | ||||||
24 | that a music therapist may work with the client and address | ||||||
25 | communication skills. | ||||||
26 | When providing educational or health care services, a |
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1 | licensed professional music therapist may not replace the | ||||||
2 | services provided by an audiologist or a speech-language | ||||||
3 | pathologist. Unless authorized to practice speech-language | ||||||
4 | pathology, music therapists may not evaluate, examine, | ||||||
5 | instruct, or counsel on speech, language, communication, and | ||||||
6 | swallowing disorders and conditions.
An individual licensed as | ||||||
7 | a professional music therapist may not represent to the public | ||||||
8 | that the individual is authorized to treat a communication | ||||||
9 | disorder. This does not prohibit an individual licensed as a | ||||||
10 | professional music therapist from representing to the public | ||||||
11 | that the individual may work with clients who have a | ||||||
12 | communication disorder and address communication skills. | ||||||
13 | Section 40. Unlicensed practice; violation; civil penalty.
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14 | (a) Any person who practices, offers to practice, attempts | ||||||
15 | to practice, or holds the person out to practice as a music | ||||||
16 | therapist without being licensed or exempt under this Act, as | ||||||
17 | described in Section 30, shall, in addition to any other | ||||||
18 | penalty provided by law, pay a civil penalty to the Department | ||||||
19 | in an amount not to exceed $10,000 for each offense, as | ||||||
20 | determined by the Department. The civil penalty shall be | ||||||
21 | assessed by the Department after a hearing is held in | ||||||
22 | accordance with the provisions set forth in this Act regarding | ||||||
23 | the provision of a hearing for the discipline of a licensee.
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24 | (b) The Department may investigate any actual, alleged, or | ||||||
25 | suspected unlicensed activity.
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1 | (c) The civil penalty shall be paid within 60 days after | ||||||
2 | the effective date of the order imposing the civil penalty. | ||||||
3 | The order shall constitute a final judgment and may be filed | ||||||
4 | and execution had thereon in the same manner as any judgment | ||||||
5 | from any court of record.
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6 | Section 45. Powers and duties of the Department. Subject | ||||||
7 | to the provisions of this Act, the Department shall:
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8 | (1) adopt rules defining what constitutes a curriculum | ||||||
9 | for music therapy that is reputable and in good standing;
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10 | (2) adopt rules providing for the establishment of a | ||||||
11 | uniform and reasonable standard of instruction and | ||||||
12 | maintenance to be observed by all curricula for music | ||||||
13 | therapy that are approved by the Department and determine | ||||||
14 | the reputability and good standing of the curricula for | ||||||
15 | music therapy by reference to compliance with the rules, | ||||||
16 | provided that no school of music therapy that refuses | ||||||
17 | admittance to applicants solely on account of race, color, | ||||||
18 | creed, sex, or national origin shall be considered | ||||||
19 | reputable and in good standing;
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20 | (3) adopt and publish rules for a method of | ||||||
21 | examination of candidates for licensed professional music | ||||||
22 | therapists and for issuance of licenses authorizing | ||||||
23 | candidates upon passing examination to practice as | ||||||
24 | licensed professional music therapists;
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25 | (4) review applications to ascertain the |
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1 | qualifications of applicants for licenses;
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2 | (5) authorize examinations to ascertain the | ||||||
3 | qualifications of those applicants who require | ||||||
4 | examinations as a component of a license;
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5 | (6) conduct hearings on proceedings to refuse to issue | ||||||
6 | or renew a license or to revoke, suspend, place on
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7 | probation, or reprimand licenses issued under this Act or | ||||||
8 | otherwise discipline;
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9 | (7) adopt rules necessary for the administration of | ||||||
10 | this Act.
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11 | Section 50. Application for original license. Applications | ||||||
12 | for original licenses shall be made to the Department on forms | ||||||
13 | prescribed by the Department and accompanied by the required | ||||||
14 | fee, which is not refundable. All applications shall contain | ||||||
15 | information that, in the judgment of the Department, will | ||||||
16 | enable the Department to approve or disapprove of the | ||||||
17 | qualifications of the applicant for a license to practice as a | ||||||
18 | professional music therapist. If an applicant fails to obtain | ||||||
19 | a license under this Act within 3 years after filing the | ||||||
20 | application, the application shall be denied. The applicant | ||||||
21 | may make a new application, which shall be accompanied by the | ||||||
22 | required nonrefundable fee. The applicant shall be required to | ||||||
23 | meet the qualifications required for licensure at the time of | ||||||
24 | reapplication. |
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1 | Section 55. Social Security Number on license application. | ||||||
2 | In addition to any other information required to be contained | ||||||
3 | in the application, every application for an original license | ||||||
4 | under this Act shall include the applicant's Social Security | ||||||
5 | Number, which shall be retained in the Department's records | ||||||
6 | pertaining to the license. As soon as practical, the | ||||||
7 | Department shall assign a customer's identification number to | ||||||
8 | each applicant for a license. Every application for a renewal, | ||||||
9 | reinstated, or restored license shall require the applicant's | ||||||
10 | customer identification number. | ||||||
11 | Section 60. Qualifications for licensure.
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12 | (a) The Secretary shall issue a license to an applicant
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13 | for a professional music therapist license if the applicant | ||||||
14 | has completed and submitted an application form in the manner
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15 | as the Secretary prescribes, accompanied by applicable fees, | ||||||
16 | and evidence satisfactory to the Secretary that: | ||||||
17 | (1) the applicant has received a baccalaureate degree | ||||||
18 | or higher
in music therapy, or its equivalent, as defined | ||||||
19 | by the Department; | ||||||
20 | (2) the applicant is at least 18 years of age;
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21 | (3) the applicant is of good moral character. In | ||||||
22 | determining moral character under this paragraph, the | ||||||
23 | Department may take into consideration whether the | ||||||
24 | applicant has engaged in conduct or activities which would | ||||||
25 | constitute grounds for discipline under this Act; and |
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1 | (4) the applicant provides proof of passing an exam | ||||||
2 | determined by the Department
or provides proof that the | ||||||
3 | applicant holds a current music therapist credential as | ||||||
4 | determined by the Department.
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5 | Section 65. License renewal.
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6 | (a) Every license issued under this Act shall be renewed | ||||||
7 | biennially. A license shall be renewed upon payment of a | ||||||
8 | renewal fee, provided that the applicant is in compliance with | ||||||
9 | this Act at the time of application for renewal. The following | ||||||
10 | shall also be required for license renewal:
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11 | (1) Proof of completion of a minimum of 40 hours of | ||||||
12 | continuing education as established by rule.
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13 | (2) For those licensed professional music therapists | ||||||
14 | that have direct patient interactions with adult | ||||||
15 | populations age 26 or older, proof of completion of at | ||||||
16 | least one hour of training on the diagnosis, treatment, | ||||||
17 | and care of individuals with Alzheimer's disease and other | ||||||
18 | dementias per renewal period; this training shall include, | ||||||
19 | but not be limited to, assessment and diagnosis, effective | ||||||
20 | communication strategies, and management and care | ||||||
21 | planning; this one-hour course counts toward meeting the | ||||||
22 | minimum credit hours required for continuing education. | ||||||
23 | (b) A licensee shall inform the Secretary of any changes | ||||||
24 | to the licensee's address. Each licensee shall be responsible | ||||||
25 | for timely renewal of the licensee's license.
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1 | Section 70. Inactive status. A person who notifies the | ||||||
2 | Department in writing on forms prescribed by the Department | ||||||
3 | may elect to place the person's license on inactive status and | ||||||
4 | shall, subject to rule of the Department, be excused from | ||||||
5 | payment of renewal fees until the person notifies the | ||||||
6 | Department, in writing, of the person's desire to resume | ||||||
7 | active status. A person requesting restoration from inactive | ||||||
8 | status shall be required to pay the current renewal fee and | ||||||
9 | shall be required to restore the person's license. Practice by | ||||||
10 | an individual whose license is on inactive status shall be | ||||||
11 | considered to be the unlicensed practice of music therapy and | ||||||
12 | shall be grounds for discipline under this Act. | ||||||
13 | Section 75. Fees; deposit of fees. The Department shall, | ||||||
14 | by rule, establish all fees for the administration and | ||||||
15 | enforcement of this Act. These fees shall be nonrefundable. | ||||||
16 | All of the fees and fines collected under this Act shall be | ||||||
17 | deposited into the General Professions Dedicated Fund. The | ||||||
18 | moneys deposited into the General Professions Dedicated Fund | ||||||
19 | shall be used by the Department, as appropriate, for the | ||||||
20 | ordinary and contingent expenses of the Department. Moneys in | ||||||
21 | the General Professions Dedicated Fund may be invested and | ||||||
22 | reinvested, with all earnings received from these investments | ||||||
23 | being deposited into that Fund and used for the same purposes | ||||||
24 | as the fees and fines deposited in that Fund. |
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1 | Section 80. Checks or orders dishonored. Any person who | ||||||
2 | issues or delivers a check or other order to the Department | ||||||
3 | that is returned to the Department unpaid by the financial | ||||||
4 | institution upon which it is drawn shall pay to the | ||||||
5 | Department, in addition to the amount already owed to the | ||||||
6 | Department, a fine of $50. The fines imposed by this Section | ||||||
7 | are in addition to any other discipline provided under this | ||||||
8 | Act prohibiting unlicensed practice or practice on a | ||||||
9 | nonrenewed license. The Department shall notify the person | ||||||
10 | that payment of fees and fines shall be paid to the Department | ||||||
11 | by certified check or money order within 30 calendar days | ||||||
12 | after notification. If, after the expiration of 30 days from | ||||||
13 | the date of the notification, the person has failed to submit | ||||||
14 | the necessary remittance, the Department shall automatically | ||||||
15 | terminate the license or certification or deny the | ||||||
16 | application, without hearing. If, after termination or denial, | ||||||
17 | the person seeks a license or certificate, the person shall | ||||||
18 | apply to the Department for restoration or issuance of the | ||||||
19 | license or certificate and pay all fees and fines due to the | ||||||
20 | Department. The Department may establish a fee for the | ||||||
21 | processing of an application for restoration of a license to | ||||||
22 | pay all costs and expenses of processing of the application. | ||||||
23 | The Secretary may waive the fines due under this Section in | ||||||
24 | individual cases where the Secretary finds that the fines | ||||||
25 | would be unnecessarily burdensome. |
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1 | Section 85. Endorsement. The Department may issue a | ||||||
2 | license as a professional music therapist, without | ||||||
3 | administering the required examination, to an applicant | ||||||
4 | licensed under the laws of another state, a U.S. territory, or | ||||||
5 | another country if the requirements for licensure in that | ||||||
6 | state, U.S. territory, or country are, on the date of | ||||||
7 | licensure, substantially equal to the requirements of this Act | ||||||
8 | or to a person who, at the time of the person's application for | ||||||
9 | licensure, possesses individual qualifications that are | ||||||
10 | substantially equivalent to the requirements of this Act. An | ||||||
11 | applicant under this Section shall pay all of the required | ||||||
12 | fees. An applicant shall have 3 years after the date of | ||||||
13 | application to complete the application process. If the | ||||||
14 | process has not been completed within the 3-year time period, | ||||||
15 | the application shall be denied, the fee shall be forfeited, | ||||||
16 | and the applicant shall be required to reapply and meet the | ||||||
17 | requirements in effect at the time of reapplication. | ||||||
18 | Section 90. Privileged communications and exceptions.
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19 | (a) No licensed professional music therapist shall | ||||||
20 | disclose any information acquired from persons consulting the | ||||||
21 | therapist in a professional capacity, except that which may be | ||||||
22 | voluntarily disclosed under any of the following | ||||||
23 | circumstances:
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24 | (1) In the course of formally reporting, conferring, |
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1 | or consulting with administrative superiors, colleagues, | ||||||
2 | or consultants who share professional responsibility, in | ||||||
3 | which instance all recipients of the information are | ||||||
4 | similarly bound to regard the communication as privileged.
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5 | (2) With the written consent of the person who | ||||||
6 | provided the information and about whom the information | ||||||
7 | concerns.
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8 | (3) In the case of death or disability, with the | ||||||
9 | written consent of a personal representative.
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10 | (4) When a communication reveals the intended | ||||||
11 | commission of a crime or harmful act and the disclosure is | ||||||
12 | judged necessary in the professional judgment of the | ||||||
13 | licensed professional music therapist to protect any | ||||||
14 | person from a clear risk of serious mental or physical | ||||||
15 | harm or injury or to forestall a serious threat to the | ||||||
16 | public safety.
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17 | (5) When the person waives the privilege by bringing | ||||||
18 | any public charges or filing a lawsuit against the | ||||||
19 | licensee.
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20 | (b) Any person having access to records or anyone who | ||||||
21 | participates in providing music therapy services, or in | ||||||
22 | providing any human services, or is supervised by a licensed | ||||||
23 | professional music therapist is similarly bound to regard all | ||||||
24 | information and communications as privileged in accord with | ||||||
25 | this Section.
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1 | Section 95. Grounds for discipline.
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2 | (a) The Department may refuse to issue, renew, or may | ||||||
3 | revoke, suspend, place on probation, reprimand, or take other | ||||||
4 | disciplinary or nondisciplinary action as the Department deems | ||||||
5 | appropriate, including the issuance of fines not to exceed | ||||||
6 | $10,000 for each violation, with regard to any license for any | ||||||
7 | one or more of the following:
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8 | (1) Material misstatement in furnishing information to | ||||||
9 | the Department or to any other State agency.
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10 | (2) Violations or negligent or intentional disregard | ||||||
11 | of this Act, or any of its rules.
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12 | (3) Conviction by plea of guilty or nolo contendere, | ||||||
13 | finding of guilt, jury verdict, or entry of judgment or | ||||||
14 | sentencing, including, but not limited to, convictions, | ||||||
15 | preceding sentences of supervision, conditional discharge, | ||||||
16 | or first offender probation, under the laws of any | ||||||
17 | jurisdiction of the United States (i) that is a felony or | ||||||
18 | (ii) that is a misdemeanor, an essential element of which | ||||||
19 | is dishonesty, or that is directly related to the practice | ||||||
20 | of music therapy.
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21 | (4) Making any misrepresentation for the purpose of | ||||||
22 | obtaining a license, or violating any provision of this | ||||||
23 | Act or its rules.
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24 | (5) Negligence in the rendering of music therapy | ||||||
25 | services.
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26 | (6) Aiding or assisting another person in violating |
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| |||||||
1 | any provision of this Act or any of its rules.
| ||||||
2 | (7) Failing to provide information within 60 days in | ||||||
3 | response to a written request made by the Department.
| ||||||
4 | (8) Engaging in dishonorable, unethical, or | ||||||
5 | unprofessional conduct of a character likely to deceive, | ||||||
6 | defraud, or harm the public and violating the rules of | ||||||
7 | professional conduct adopted by the Department.
| ||||||
8 | (9) Failing to maintain the confidentiality of any | ||||||
9 | information received from a client, unless otherwise | ||||||
10 | authorized or required by law.
| ||||||
11 | (10) Failure to maintain client records of services | ||||||
12 | provided and provide copies to clients upon request.
| ||||||
13 | (11) Exploiting a client for personal advantage, | ||||||
14 | profit, or interest.
| ||||||
15 | (12) Habitual or excessive use or addiction to | ||||||
16 | alcohol, narcotics, stimulants, or any other chemical | ||||||
17 | agent or drug which results in inability to practice with | ||||||
18 | reasonable skill, judgment, or safety.
| ||||||
19 | (13) Discipline by another governmental agency or unit | ||||||
20 | of government, by any jurisdiction of the United States, | ||||||
21 | or by a foreign nation, if at least one of the grounds for | ||||||
22 | the discipline is the same or substantially equivalent to | ||||||
23 | those set forth in this Section.
| ||||||
24 | (14) Directly or indirectly giving to or receiving | ||||||
25 | from any person, firm, corporation, partnership, or | ||||||
26 | association any fee, commission, rebate, or other form of |
| |||||||
| |||||||
1 | compensation for any professional service not actually | ||||||
2 | rendered.
Nothing in this paragraph affects any bona fide | ||||||
3 | independent contractor or employment arrangements among | ||||||
4 | health care professionals, health facilities, health care | ||||||
5 | providers, or other entities, except as otherwise | ||||||
6 | prohibited by law. Any employment arrangements may include | ||||||
7 | provisions for compensation, health insurance, pension, or | ||||||
8 | other employment benefits for the provision of services | ||||||
9 | within the scope of the licensee's practice under this | ||||||
10 | Act. Nothing in this paragraph shall be construed to | ||||||
11 | require an employment arrangement to receive professional | ||||||
12 | fees for services rendered.
| ||||||
13 | (15) A finding by the Department that the licensee, | ||||||
14 | after having the license placed on probationary status, | ||||||
15 | has violated the terms of probation.
| ||||||
16 | (16) Failing to refer a client to other health care | ||||||
17 | professionals when the licensee is unable or unwilling to | ||||||
18 | adequately support or serve the client.
| ||||||
19 | (17) Willfully filing false reports relating to a | ||||||
20 | licensee's practice, including, but not limited to, false | ||||||
21 | records filed with federal or State agencies or | ||||||
22 | departments.
| ||||||
23 | (18) Willfully failing to report an instance of | ||||||
24 | suspected child abuse or neglect as required by the Abused | ||||||
25 | and Neglected Child Reporting Act.
| ||||||
26 | (19) Being named as a perpetrator in an indicated |
| |||||||
| |||||||
1 | report by the Department of Children and Family Services | ||||||
2 | pursuant to the Abused and Neglected Child Reporting Act, | ||||||
3 | and upon proof by clear and convincing evidence that the | ||||||
4 | licensee has caused a child to be an abused child or | ||||||
5 | neglected child as defined in the Abused and Neglected | ||||||
6 | Child Reporting Act.
| ||||||
7 | (20) Physical or mental disability, including | ||||||
8 | deterioration through the aging process or loss of | ||||||
9 | abilities and skills which results in the inability to | ||||||
10 | practice the profession with reasonable judgment, skill, | ||||||
11 | or safety.
| ||||||
12 | (21) Solicitation of professional services by using | ||||||
13 | false or misleading advertising.
| ||||||
14 | (22) Fraud or making any misrepresentation in applying | ||||||
15 | for or procuring a license under this Act or in connection | ||||||
16 | with applying for renewal of a license under this Act.
| ||||||
17 | (23) Practicing or attempting to practice under a name | ||||||
18 | other than the full name as shown on the license or any | ||||||
19 | other legally authorized name.
| ||||||
20 | (24) Gross overcharging for professional services, | ||||||
21 | including filing statements for collection of fees or | ||||||
22 | moneys for which services are not rendered.
| ||||||
23 | (25) Charging for professional services not rendered, | ||||||
24 | including filing false statements for the collection of | ||||||
25 | fees for which services are not rendered.
| ||||||
26 | (26) Allowing one's license under this Act to be used |
| |||||||
| |||||||
1 | by an unlicensed person in violation of this Act.
| ||||||
2 | (b) The determination by a court that a licensee is | ||||||
3 | subject to involuntary admission or judicial admission as | ||||||
4 | provided in the Mental Health and Developmental Disabilities | ||||||
5 | Code shall result in an automatic suspension of the licensee's | ||||||
6 | license. The suspension will end upon a finding by a court that | ||||||
7 | the licensee is no longer subject to involuntary admission or | ||||||
8 | judicial admission, the issuance of an order so finding and | ||||||
9 | discharging the patient, and the determination of the | ||||||
10 | Secretary that the licensee be allowed to resume professional | ||||||
11 | practice.
| ||||||
12 | (c) The Department may refuse to issue or renew or may | ||||||
13 | suspend without hearing the license of any person who fails to | ||||||
14 | file a return, to pay the tax penalty or interest shown in a | ||||||
15 | filed return, or to pay any final assessment of the tax, | ||||||
16 | penalty, or interest as required by any Act regarding the | ||||||
17 | payment of taxes administered by the Department of Revenue | ||||||
18 | until the requirements of the Act are satisfied in accordance | ||||||
19 | with subsection (g) of Section 2105-15 of the Civil | ||||||
20 | Administrative Code of Illinois.
| ||||||
21 | (d) In cases where the Department of Healthcare and Family | ||||||
22 | Services has previously determined that a licensee or a | ||||||
23 | potential licensee is more than 30 days delinquent in the | ||||||
24 | payment of child support and has subsequently certified the | ||||||
25 | delinquency to the Department, the Department may refuse to | ||||||
26 | issue or renew or may revoke or suspend that person's license |
| |||||||
| |||||||
1 | or may take other disciplinary action against that person | ||||||
2 | based solely upon the certification of delinquency made by the | ||||||
3 | Department of Healthcare and Family Services in accordance | ||||||
4 | with paragraph (5) of subsection (a) of Section 2105-15 of the | ||||||
5 | Department of Professional Regulation Law of the Civil | ||||||
6 | Administrative Code of Illinois.
| ||||||
7 | (e) All fines or costs imposed under this Section shall be | ||||||
8 | paid within 60 days after the effective date of the order | ||||||
9 | imposing the fine or costs or in accordance with the terms set | ||||||
10 | forth in the order imposing the fine.
| ||||||
11 | Section 100. Violations; injunction; cease and desist | ||||||
12 | order.
| ||||||
13 | (a) If any person violates the provisions of this Act, the | ||||||
14 | Secretary may, in the name of the People of the State of | ||||||
15 | Illinois, through the Attorney General or the State's Attorney | ||||||
16 | of any county in which the violation is alleged to have | ||||||
17 | occurred, petition for an order enjoining the violation or for | ||||||
18 | an order enforcing compliance with this Act. Upon the filing | ||||||
19 | of a verified petition, the court with appropriate | ||||||
20 | jurisdiction may issue a temporary restraining order without | ||||||
21 | notice or bond, and may preliminarily and permanently enjoin | ||||||
22 | the violation. If it is established that the person has | ||||||
23 | violated or is violating the injunction, the court may punish | ||||||
24 | the offender for contempt of court. Proceedings under this | ||||||
25 | Section are in addition to all other remedies and penalties |
| |||||||
| |||||||
1 | provided by this Act.
| ||||||
2 | (b) Whenever, in the opinion of the Department, a person | ||||||
3 | violates any provision of this Act, the Department may issue a | ||||||
4 | rule to show cause why an order to cease and desist should not | ||||||
5 | be entered against that person. The rule shall clearly set | ||||||
6 | forth the grounds relied upon by the Department and shall | ||||||
7 | allow at least 7 days from the date of the rule to file an | ||||||
8 | answer satisfactory to the Department. Failure to answer to | ||||||
9 | the satisfaction of the Department shall cause an order to | ||||||
10 | cease and desist to be issued.
| ||||||
11 | Section 105. Investigations; notice and hearing. The | ||||||
12 | Department may investigate the actions of any applicant or any | ||||||
13 | person holding or claiming to hold a license or engaging in the | ||||||
14 | practice of music therapy. The Department shall, before | ||||||
15 | revoking, suspending, placing on probation, reprimanding, or | ||||||
16 | taking any other disciplinary action under Section 95, at | ||||||
17 | least 30 days before the date set for the hearing, (i) notify | ||||||
18 | the accused, in writing, of any charges made and the time and | ||||||
19 | place for the hearing on the charges, (ii) direct the accused | ||||||
20 | to file a written answer to the charges with the Department | ||||||
21 | under oath within 20 days after service of the notice, and | ||||||
22 | (iii) inform the accused that, if the accused fails to answer, | ||||||
23 | default will be taken against the accused or that the | ||||||
24 | accused's license or certificate may be suspended, revoked, | ||||||
25 | placed on probationary status, or other disciplinary action |
| |||||||
| |||||||
1 | taken with regard to the license, including limiting the | ||||||
2 | scope, nature, or extent of the accused's practice, as the | ||||||
3 | Department may deem proper. In case the person, after | ||||||
4 | receiving notice, fails to file an answer, the accused's | ||||||
5 | license may, in the discretion of the Department, be | ||||||
6 | suspended, revoked, placed on probationary status, or the | ||||||
7 | Department may take whatever disciplinary action considered | ||||||
8 | proper, including limiting the scope, nature, or extent of the | ||||||
9 | person's practice or the imposition of a fine, without a | ||||||
10 | hearing, if the act or acts charged constitute sufficient | ||||||
11 | grounds for such action under this Act. The written notice may | ||||||
12 | be served by personal delivery, mail, or email to the address | ||||||
13 | of record or email address of record. | ||||||
14 | Section 110. Record of proceedings; transcript. The | ||||||
15 | Department, at its expense, shall preserve a record of all | ||||||
16 | proceedings at the formal hearing of any case except as | ||||||
17 | otherwise provided by statute or rule. | ||||||
18 | Section 115. Subpoenas; depositions; oaths. The Department | ||||||
19 | may subpoena and bring before it any person in this State and | ||||||
20 | take the oral or written testimony or compel the production of | ||||||
21 | any books, papers, records, or any other documents that the | ||||||
22 | Secretary or the Secretary's designee deems relevant or | ||||||
23 | material to any investigation or hearing conducted by the | ||||||
24 | Department with the same fees and mileage and in the same |
| |||||||
| |||||||
1 | manner as prescribed in civil cases in the courts of this | ||||||
2 | State. The Secretary, the shorthand court reporter, the | ||||||
3 | designated hearing officer, and every member of the Advisory | ||||||
4 | Board may administer oaths at any hearing which the Department | ||||||
5 | conducts. Notwithstanding any other statute or Department rule | ||||||
6 | to the contrary, all requests for testimony and for the | ||||||
7 | production of documents or records shall be in accordance with | ||||||
8 | this Act. | ||||||
9 | Section 120. Compelling testimony. Any court, upon | ||||||
10 | application of the Department, designated hearing officer, or | ||||||
11 | the applicant or licensee against whom proceedings under | ||||||
12 | Section 95 are pending, may order the attendance and testimony | ||||||
13 | of witnesses and the production of relevant documents, papers, | ||||||
14 | files, books, and records in connection with any hearing or | ||||||
15 | investigation. The court may compel obedience to its order by | ||||||
16 | proceedings for contempt. | ||||||
17 | Section 125. Findings and recommendations. At the | ||||||
18 | conclusion of the hearing, the hearing officer or Advisory | ||||||
19 | Board shall present to the Secretary a written report of its | ||||||
20 | findings of fact, conclusions of law, and recommendations. The | ||||||
21 | report shall contain a finding whether the licensee violated | ||||||
22 | this Act or failed to comply with the conditions required in | ||||||
23 | this Act. The hearing officer or Advisory Board shall specify | ||||||
24 | the nature of the violation or failure to comply, and shall |
| |||||||
| |||||||
1 | make its recommendations to the Secretary. The report of | ||||||
2 | findings of fact, conclusions of law, and recommendation of | ||||||
3 | the hearing officer or Advisory Board shall be the basis for | ||||||
4 | the Department's order for refusing to issue, restore, or | ||||||
5 | renew a license, or for otherwise disciplining a licensee. If | ||||||
6 | the Secretary disagrees with the recommendations of the | ||||||
7 | hearing officer or Advisory Board, the Secretary may issue an | ||||||
8 | order in contravention of the hearing officer's or Advisory | ||||||
9 | Board's recommendations. The finding is not admissible in | ||||||
10 | evidence against the person in a criminal prosecution brought | ||||||
11 | for the violation of this Act, but the hearing and findings are | ||||||
12 | not a bar to a criminal prosecution brought for the violation | ||||||
13 | of this Act. | ||||||
14 | Section 130. Secretary; rehearing. Whenever the Secretary | ||||||
15 | believes substantial justice has not been done in the | ||||||
16 | revocation, suspension, or refusal to issue or renew a license | ||||||
17 | or the discipline of a licensee, the Secretary may order a | ||||||
18 | rehearing. | ||||||
19 | Section 135. Appointment of a hearing officer. The | ||||||
20 | Secretary has the authority to appoint any attorney licensed | ||||||
21 | to practice law in the State to serve as the hearing officer in | ||||||
22 | any action for refusal to issue or renew a license or permit or | ||||||
23 | to discipline a licensee. The hearing officer has full | ||||||
24 | authority to conduct the hearing. The hearing officer shall |
| |||||||
| |||||||
1 | report the hearing officer's findings of fact, conclusions of | ||||||
2 | law, and recommendations to the Secretary. | ||||||
3 | Section 140. Order or certified copy; prima facie proof. | ||||||
4 | An order or certified copy thereof, over the seal of the | ||||||
5 | Department and purporting to be signed by the Secretary, is | ||||||
6 | prima facie proof that: (1) the signature is the genuine | ||||||
7 | signature of the Secretary; and (2) the Secretary is duly | ||||||
8 | appointed and qualified. | ||||||
9 | Section 145. Restoration of license from discipline. At | ||||||
10 | any time after the successful completion of a term of | ||||||
11 | indefinite probation, suspension, or revocation of a license, | ||||||
12 | the Department may restore the license to active status, | ||||||
13 | unless, after an investigation and a hearing, the Secretary | ||||||
14 | determines that restoration is not in the public interest. No | ||||||
15 | person whose license has been revoked as authorized in this | ||||||
16 | Act may apply for restoration of that license until authorized | ||||||
17 | to do so under the Civil Administrative Code of Illinois. | ||||||
18 | Section 150. Summary suspension of license. The Secretary | ||||||
19 | may summarily suspend the license of a music therapist without | ||||||
20 | a hearing, simultaneously with the institution of proceedings | ||||||
21 | for a hearing provided for in Section 105, if the Secretary | ||||||
22 | finds that the evidence indicates that the continuation of | ||||||
23 | practice by the professional music therapist would constitute |
| |||||||
| |||||||
1 | an imminent danger to the public. If the Secretary summarily | ||||||
2 | suspends the license of an individual without a hearing, a | ||||||
3 | hearing must be held within 30 days after the suspension has | ||||||
4 | occurred and shall be concluded as expeditiously as possible. | ||||||
5 | Section 155. Administrative review; venue. | ||||||
6 | (a) All final administrative decisions of the Department | ||||||
7 | are subject to judicial review pursuant to the Administrative | ||||||
8 | Review Law and its rules. As used in this Section, | ||||||
9 | "administrative decision" has the same meaning as used in | ||||||
10 | Section 3-101 of the Code of Civil Procedure. | ||||||
11 | (b) Proceedings for judicial review shall be commenced in | ||||||
12 | the circuit court of the county in which the party applying for | ||||||
13 | review resides, but if the party is not a resident of this | ||||||
14 | State, the venue shall be in Sangamon County. | ||||||
15 | Section 160. Certification of record; costs. The | ||||||
16 | Department shall not be required to certify any record to the | ||||||
17 | court, to file an answer in court, or to otherwise appear in | ||||||
18 | any court in a judicial review proceeding, unless and until | ||||||
19 | the Department has received from the plaintiff payment of the | ||||||
20 | costs of furnishing and certifying the record, which costs | ||||||
21 | shall be determined by the Department. Failure on the part of | ||||||
22 | the plaintiff to file the receipt in court is grounds for | ||||||
23 | dismissal of the action. |
| |||||||
| |||||||
1 | Section 165. Violations. Unless otherwise specified, any | ||||||
2 | person found to have violated any provision of this Act is | ||||||
3 | guilty of a Class A misdemeanor. | ||||||
4 | Section 170. Illinois Administrative Procedure Act; | ||||||
5 | application. The Illinois Administrative Procedure Act is | ||||||
6 | hereby expressly adopted and incorporated in this Act as if | ||||||
7 | all of the provisions of that Act were included in this Act, | ||||||
8 | except subsection (d) of Section 10-65 of the Illinois | ||||||
9 | Administrative Procedure Act, which provides that at hearings | ||||||
10 | the license holder has the right to show compliance with all | ||||||
11 | lawful requirements for retention, continuation, or renewal of | ||||||
12 | the certificate, is specifically excluded. For the purpose of | ||||||
13 | this Act, the notice required under Section 10-25 of the | ||||||
14 | Illinois Administrative Procedure Act is deemed sufficient | ||||||
15 | when mailed to the last known address of a party or the address | ||||||
16 | of record. | ||||||
17 | Section 175. Home rule. The regulation and licensing of | ||||||
18 | professional music therapists are exclusive powers and | ||||||
19 | functions of the State. A home rule unit may not regulate or | ||||||
20 | license professional music therapists. This Section is a | ||||||
21 | denial and limitation of home rule powers and functions under | ||||||
22 | subsection (h) of Section 6 of Article VII of the Illinois | ||||||
23 | Constitution. |
| |||||||
| |||||||
1 | Section 180. Confidentiality. All information collected by | ||||||
2 | the Department in the course of an examination or | ||||||
3 | investigation of a licensee or applicant, including, but not | ||||||
4 | limited to, any complaint against a licensee filed with the | ||||||
5 | Department and information collected to investigate any | ||||||
6 | complaint, shall be maintained for the confidential use of the | ||||||
7 | Department and shall not be disclosed. The Department shall | ||||||
8 | not disclose the information to anyone other than law | ||||||
9 | enforcement officials, regulatory agencies that have an | ||||||
10 | appropriate regulatory interest as determined by the | ||||||
11 | Secretary, or a party presenting a lawful subpoena to the | ||||||
12 | Department. Information and documents disclosed to a federal, | ||||||
13 | State, county, or local law enforcement agency shall not be | ||||||
14 | disclosed by the agency for any purpose to any other agency or | ||||||
15 | person. A formal complaint filed against a licensee or | ||||||
16 | registrant by the Department or any other complaint issued by | ||||||
17 | the Department against a licensee, registrant, or applicant | ||||||
18 | shall be a public record, except as otherwise prohibited by | ||||||
19 | law.
| ||||||
20 | Section 999. Effective date. This Act takes effect upon | ||||||
21 | becoming law.".
|