Illinois General Assembly - Full Text of SB2243
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Full Text of SB2243  102nd General Assembly




SB2243 EnrolledLRB102 17262 SPS 22733 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the Music
5Therapy Licensing and Practice Act.
6    Section 5. Declaration of public policy. The practice of
7music therapy is hereby declared to affect the public health,
8safety, and welfare and to be subject to regulation in the
9public interest. The purpose of this Act is to ensure the
10highest degree of professional conduct on the part of music
11therapists, to guarantee the availability of music therapy
12services provided by a qualified professional to persons in
13need of those services, and to protect the public from the
14practice of music therapy by unqualified individuals.
15    Section 10. Definitions. As used in this Act:
16    "Address of record" means the designated address recorded
17by the Department in the applicant's application file or the
18licensee's license file, as maintained by the Department's
19licensure maintenance unit.
20    "Advisory Board" means the Music Therapy Advisory Board.
21    "Department" means the Department of Financial and
22Professional Regulation.



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1    "Email address of record" means the designated email
2address recorded by the Department in the applicant's
3application file or the licensee's license file, as maintained
4by the Department's licensure maintenance unit.
5    "Licensed professional music therapist" means a person
6licensed to practice music therapy.
7    "Music therapy" means the clinical and evidence-based use
8of music therapy interventions to accomplish individualized
9goals for people of all ages and ability levels within a
10therapeutic relationship. "Music therapy" does not include the
11screening, diagnosis, or assessment of any physical, mental,
12or communication disorder.
13    "Music therapy intervention" includes, during a
14therapist-client relationship, music improvisation, receptive
15music listening, song writing, lyric discussion, music and
16imagery, singing, music performance, learning through music,
17music combined with other arts, music-assisted relaxation,
18music-based patient education, electronic music technology,
19adapted music intervention, and movement to music. "Music
20therapy intervention" also includes:
21        (1) accepting referrals for music therapy services
22    from medical, developmental, mental health, or education
23    professionals or family members, clients, caregivers, or
24    others involved and authorized with the provision of
25    client services;
26        (2) conducting a music therapy assessment of a client



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1    to determine if treatment is indicated; if treatment is
2    indicated, the licensee collects systematic,
3    comprehensive, and accurate information to determine the
4    appropriateness and type of music therapy services to
5    provide for the client;
6        (3) developing an individualized music therapy
7    treatment plan for the client that is based upon the
8    results of the music therapy assessment; as used in this
9    paragraph, "music therapy treatment plan" includes
10    individualized goals and objectives that focus on the
11    assessed needs and strengths of the client and specify
12    music therapy approaches and interventions to be used to
13    address these goals and objectives;
14        (4) implementing an individualized music therapy
15    treatment plan that is consistent with any other
16    developmental, rehabilitative, habilitative, medical,
17    mental health, preventive, wellness care, or educational
18    services being provided to the client;
19        (5) evaluating the client's response to music therapy
20    and the music therapy treatment plan, documenting change
21    and progress, and suggesting modifications, as
22    appropriate;
23        (6) developing a plan for determining when the
24    provision of music therapy services is no longer needed in
25    collaboration with the client, physician, or other
26    provider of health care or education of the client, family



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1    members of the client, and any other appropriate person
2    upon whom the client relies for support;
3        (7) minimizing any barriers to ensure that the client
4    receives music therapy services in the least restrictive
5    environment;
6        (8) collaborating with and educating the client and
7    the family, caregiver of the client, or any other
8    appropriate person regarding the needs of the client that
9    are being addressed in music therapy and the manner in
10    which the music therapy treatment addresses those needs in
11    compliance with State and federal law; and
12        (9) utilizing appropriate knowledge and skills to
13    inform practice, including use of research, reasoning, and
14    problem-solving skills to determine appropriate actions in
15    the context of each specific clinical setting.
16    "Secretary" means the Secretary of Financial and
17Professional Regulation or the Secretary's designee.
18    Section 15. Address of record; email address of record.
19All applicants and licensees shall:
20        (1) provide a valid address and email address to the
21    Department, which serves as the address of record and
22    email address of record, respectively, at the time of
23    application for licensure or renewal of a license; and
24        (2) inform the Department of any change of address of
25    record or email address of record within 14 days after the



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1    change either through the Department's website or by
2    contacting the Department's licensure maintenance unit.
3    Section 20. Music Therapy Advisory Board. There is created
4within the Department a Music Therapy Advisory Board, which
5shall consist of 5 members. The Secretary shall appoint all
6members of the Advisory Board. The Advisory Board shall
7consist of persons familiar with the practice of music therapy
8to provide the Secretary with expertise and assistance in
9carrying out the Secretary's duties pursuant to this Act. The
10Secretary shall appoint members of the Advisory Board to serve
11for terms of 4 years, and members may serve consecutive terms
12at the will of the Secretary. Any vacancy shall be filled in
13the same manner as a regular appointment. The Secretary shall
14appoint 3 members who practice as professional music
15therapists in this State, one member who is a licensed health
16care provider who is not a music therapist, and one member who
17is a consumer. Members shall serve without compensation.
18    The Secretary may terminate the appointment of any member
19for cause as determined by the Secretary.
20    The Secretary may consider the recommendation of the
21Advisory Board on all matters and questions relating to this
23    Members of the Advisory Board shall be reimbursed for all
24legitimate, necessary, and authorized expenses.
25    Members of the Advisory Board shall have no liability in



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1any action based upon a disciplinary proceeding or other
2activity performed in good faith as a member of the Advisory
4    Section 25. Music Therapy Advisory Board; powers and
6    (a) The Advisory Board shall meet at least once per year or
7as otherwise called by the Secretary.
8    (b) The Advisory Board shall advise the Department on all
9matters pertaining to the licensure for, disciplinary actions
10for, education for, continuing education requirements for, and
11practice of music therapy in this State.
12    (c) The Advisory Board may make recommendations as it
13deems advisable to the Secretary on any matters and questions
14relating to this Act and the profession and practice of music
16    (d) The Advisory Board shall annually elect one of its
17members as chairperson and one of its members as vice
19    Section 30. Exemptions. Nothing in this Act may be
20construed to prohibit or restrict the practice, services, or
21activities of the following:
22        (1) A person licensed, certified, or regulated under
23    the laws of this State in another profession or
24    occupation, including physicians, psychologists,



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1    registered nurses, marriage and family therapists, social
2    workers, occupational therapists, professional
3    counselors, speech-language pathologists or audiologists,
4    or personnel supervised by a licensed professional,
5    performing work, including the use of music, incidental to
6    the practice of that person's licensed, certified, or
7    regulated profession or occupation, if the person does not
8    represent the person as a licensed music therapist.
9        (2) Any practice of music therapy as an integral part
10    of a program of study for students enrolled in an
11    accredited music therapy program, if the student does not
12    represent the student as a music therapist.
13    Section 35. Collaboration. Before a licensed professional
14music therapist provides music therapy services to a client
15for an identified clinical or developmental need, the licensee
16shall review the client's diagnosis, treatment needs, and
17treatment plan with the health care providers involved in the
18client's care. Before a licensed professional music therapist
19provides music therapy services to a student for an identified
20educational need in a special education setting, the licensee
21shall review with the individualized family service plan or
22individualized education program team the student's diagnosis,
23treatment needs, and treatment plan. During the provision of
24music therapy services to a client, the licensed professional
25music therapist shall collaborate, as applicable, with the



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1client's treatment team, including the client's physician,
2psychologist, licensed clinical social worker, or other mental
3health professional. A licensed music therapist whose highest
4degree in music therapy is a baccalaureate degree shall not
5engage in the practice of psychotherapy unless supervised by a
6licensed music therapist with a master's degree in music
7therapy, a licensed clinical social worker, a licensed
8clinical psychologist, a licensed clinical professional
9counselor, a licensed marriage and family therapist, or a
10psychiatrist, as defined in Section 1-121 of the Mental Health
11and Developmental Disabilities Code. During the provision of
12music therapy services to a client with a communication
13disorder, the licensed professional music therapist shall
14collaborate and discuss the music therapy treatment plan with
15the client's audiologist or speech-language pathologist so
16that a music therapist may work with the client and address
17communication skills.
18    When providing educational or health care services, a
19licensed professional music therapist may not replace the
20services provided by an audiologist or a speech-language
21pathologist. Unless authorized to practice speech-language
22pathology, music therapists may not evaluate, examine,
23instruct, or counsel on speech, language, communication, and
24swallowing disorders and conditions. An individual licensed as
25a professional music therapist may not represent to the public
26that the individual is authorized to treat a communication



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1disorder. This does not prohibit an individual licensed as a
2professional music therapist from representing to the public
3that the individual may work with clients who have a
4communication disorder and address communication skills.
5    Section 40. Unlicensed practice; violation; civil penalty.
6    (a) Any person who practices, offers to practice, attempts
7to practice, or holds the person out to practice as a music
8therapist without being licensed or exempt under this Act, as
9described in Section 30, shall, in addition to any other
10penalty provided by law, pay a civil penalty to the Department
11in an amount not to exceed $10,000 for each offense, as
12determined by the Department. The civil penalty shall be
13assessed by the Department after a hearing is held in
14accordance with the provisions set forth in this Act regarding
15the provision of a hearing for the discipline of a licensee.
16    (b) The Department may investigate any actual, alleged, or
17suspected unlicensed activity.
18    (c) The civil penalty shall be paid within 60 days after
19the effective date of the order imposing the civil penalty.
20The order shall constitute a final judgment and may be filed
21and execution had thereon in the same manner as any judgment
22from any court of record.
23    Section 45. Powers and duties of the Department. Subject
24to the provisions of this Act, the Department shall:



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1        (1) adopt rules defining what constitutes a curriculum
2    for music therapy that is reputable and in good standing;
3        (2) adopt rules providing for the establishment of a
4    uniform and reasonable standard of instruction and
5    maintenance to be observed by all curricula for music
6    therapy that are approved by the Department and determine
7    the reputability and good standing of the curricula for
8    music therapy by reference to compliance with the rules,
9    provided that no school of music therapy that refuses
10    admittance to applicants solely on account of race, color,
11    creed, sex, or national origin shall be considered
12    reputable and in good standing;
13        (3) adopt and publish rules for a method of
14    examination of candidates for licensed professional music
15    therapists and for issuance of licenses authorizing
16    candidates upon passing examination to practice as
17    licensed professional music therapists;
18        (4) review applications to ascertain the
19    qualifications of applicants for licenses;
20        (5) authorize examinations to ascertain the
21    qualifications of those applicants who require
22    examinations as a component of a license;
23        (6) conduct hearings on proceedings to refuse to issue
24    or renew a license or to revoke, suspend, place on
25    probation, or reprimand licenses issued under this Act or
26    otherwise discipline; and



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1        (7) adopt rules necessary for the administration of
2    this Act.
3    Section 50. Application for original license. Applications
4for original licenses shall be made to the Department on forms
5prescribed by the Department and accompanied by the required
6fee, which is not refundable. All applications shall contain
7information that, in the judgment of the Department, will
8enable the Department to approve or disapprove of the
9qualifications of the applicant for a license to practice as a
10professional music therapist. If an applicant fails to obtain
11a license under this Act within 3 years after filing the
12application, the application shall be denied. The applicant
13may make a new application, which shall be accompanied by the
14required nonrefundable fee. The applicant shall be required to
15meet the qualifications required for licensure at the time of
17    Section 55. Social Security Number on license application.
18In addition to any other information required to be contained
19in the application, every application for an original license
20under this Act shall include the applicant's Social Security
21Number, which shall be retained in the Department's records
22pertaining to the license. As soon as practical, the
23Department shall assign a customer's identification number to
24each applicant for a license. Every application for a renewal,



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1reinstated, or restored license shall require the applicant's
2customer identification number.
3    Section 60. Qualifications for licensure.
4    (a) The Secretary shall issue a license to an applicant
5for a professional music therapist license if the applicant
6has completed and submitted an application form in the manner
7as the Secretary prescribes, accompanied by applicable fees,
8and evidence satisfactory to the Secretary that:
9        (1) the applicant has received a baccalaureate degree
10    or higher in music therapy, or its equivalent, as defined
11    by the Department;
12        (2) the applicant is at least 18 years of age;
13        (3) the applicant is of good moral character. In
14    determining moral character under this paragraph, the
15    Department may take into consideration whether the
16    applicant has engaged in conduct or activities which would
17    constitute grounds for discipline under this Act; and
18        (4) the applicant provides proof of passing an exam
19    determined by the Department or provides proof that the
20    applicant holds a current music therapist credential as
21    determined by the Department.
22    Section 65. License renewal.
23    (a) Every license issued under this Act shall be renewed
24biennially. A license shall be renewed upon payment of a



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1renewal fee, provided that the applicant is in compliance with
2this Act at the time of application for renewal. The following
3shall also be required for license renewal:
4        (1) Proof of completion of a minimum of 40 hours of
5    continuing education as established by rule.
6        (2) For those licensed professional music therapists
7    that have direct patient interactions with adult
8    populations age 26 or older, proof of completion of at
9    least one hour of training on the diagnosis, treatment,
10    and care of individuals with Alzheimer's disease and other
11    dementias per renewal period; this training shall include,
12    but not be limited to, assessment and diagnosis, effective
13    communication strategies, and management and care
14    planning; this one-hour course counts toward meeting the
15    minimum credit hours required for continuing education.
16    (b) A licensee shall inform the Secretary of any changes
17to the licensee's address. Each licensee shall be responsible
18for timely renewal of the licensee's license.
19    Section 70. Inactive status. A person who notifies the
20Department in writing on forms prescribed by the Department
21may elect to place the person's license on inactive status and
22shall, subject to rule of the Department, be excused from
23payment of renewal fees until the person notifies the
24Department, in writing, of the person's desire to resume
25active status. A person requesting restoration from inactive



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1status shall be required to pay the current renewal fee and
2shall be required to restore the person's license. Practice by
3an individual whose license is on inactive status shall be
4considered to be the unlicensed practice of music therapy and
5shall be grounds for discipline under this Act.
6    Section 75. Fees; deposit of fees. The Department shall,
7by rule, establish all fees for the administration and
8enforcement of this Act. These fees shall be nonrefundable.
9All of the fees and fines collected under this Act shall be
10deposited into the General Professions Dedicated Fund. The
11moneys deposited into the General Professions Dedicated Fund
12shall be used by the Department, as appropriate, for the
13ordinary and contingent expenses of the Department. Moneys in
14the General Professions Dedicated Fund may be invested and
15reinvested, with all earnings received from these investments
16being deposited into that Fund and used for the same purposes
17as the fees and fines deposited in that Fund.
18    Section 80. Checks or orders dishonored. Any person who
19issues or delivers a check or other order to the Department
20that is returned to the Department unpaid by the financial
21institution upon which it is drawn shall pay to the
22Department, in addition to the amount already owed to the
23Department, a fine of $50. The fines imposed by this Section
24are in addition to any other discipline provided under this



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1Act prohibiting unlicensed practice or practice on a
2nonrenewed license. The Department shall notify the person
3that payment of fees and fines shall be paid to the Department
4by certified check or money order within 30 calendar days
5after notification. If, after the expiration of 30 days from
6the date of the notification, the person has failed to submit
7the necessary remittance, the Department shall automatically
8terminate the license or certification or deny the
9application, without hearing. If, after termination or denial,
10the person seeks a license or certificate, the person shall
11apply to the Department for restoration or issuance of the
12license or certificate and pay all fees and fines due to the
13Department. The Department may establish a fee for the
14processing of an application for restoration of a license to
15pay all costs and expenses of processing of the application.
16The Secretary may waive the fines due under this Section in
17individual cases where the Secretary finds that the fines
18would be unnecessarily burdensome.
19    Section 85. Endorsement. The Department may issue a
20license as a professional music therapist, without
21administering the required examination, to an applicant
22licensed under the laws of another state, a U.S. territory, or
23another country if the requirements for licensure in that
24state, U.S. territory, or country are, on the date of
25licensure, substantially equal to the requirements of this Act



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1or to a person who, at the time of the person's application for
2licensure, possesses individual qualifications that are
3substantially equivalent to the requirements of this Act. An
4applicant under this Section shall pay all of the required
5fees. An applicant shall have 3 years after the date of
6application to complete the application process. If the
7process has not been completed within the 3-year time period,
8the application shall be denied, the fee shall be forfeited,
9and the applicant shall be required to reapply and meet the
10requirements in effect at the time of reapplication.
11    Section 90. Privileged communications and exceptions.
12    (a) No licensed professional music therapist shall
13disclose any information acquired from persons consulting the
14therapist in a professional capacity, except that which may be
15voluntarily disclosed under any of the following
17        (1) In the course of formally reporting, conferring,
18    or consulting with administrative superiors, colleagues,
19    or consultants who share professional responsibility, in
20    which instance all recipients of the information are
21    similarly bound to regard the communication as privileged.
22        (2) With the written consent of the person who
23    provided the information and about whom the information
24    concerns.
25        (3) In the case of death or disability, with the



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1    written consent of a personal representative.
2        (4) When a communication reveals the intended
3    commission of a crime or harmful act and the disclosure is
4    judged necessary in the professional judgment of the
5    licensed professional music therapist to protect any
6    person from a clear risk of serious mental or physical
7    harm or injury or to forestall a serious threat to the
8    public safety.
9        (5) When the person waives the privilege by bringing
10    any public charges or filing a lawsuit against the
11    licensee.
12    (b) Any person having access to records or anyone who
13participates in providing music therapy services, or in
14providing any human services, or is supervised by a licensed
15professional music therapist is similarly bound to regard all
16information and communications as privileged in accord with
17this Section.
18    Section 95. Grounds for discipline.
19    (a) The Department may refuse to issue, renew, or may
20revoke, suspend, place on probation, reprimand, or take other
21disciplinary or nondisciplinary action as the Department deems
22appropriate, including the issuance of fines not to exceed
23$10,000 for each violation, with regard to any license for any
24one or more of the following:
25        (1) Material misstatement in furnishing information to



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1    the Department or to any other State agency.
2        (2) Violations or negligent or intentional disregard
3    of this Act, or any of its rules.
4        (3) Conviction by plea of guilty or nolo contendere,
5    finding of guilt, jury verdict, or entry of judgment or
6    sentencing, including, but not limited to, convictions,
7    preceding sentences of supervision, conditional discharge,
8    or first offender probation, under the laws of any
9    jurisdiction of the United States (i) that is a felony or
10    (ii) that is a misdemeanor, an essential element of which
11    is dishonesty, or that is directly related to the practice
12    of music therapy.
13        (4) Making any misrepresentation for the purpose of
14    obtaining a license, or violating any provision of this
15    Act or its rules.
16        (5) Negligence in the rendering of music therapy
17    services.
18        (6) Aiding or assisting another person in violating
19    any provision of this Act or any of its rules.
20        (7) Failing to provide information within 60 days in
21    response to a written request made by the Department.
22        (8) Engaging in dishonorable, unethical, or
23    unprofessional conduct of a character likely to deceive,
24    defraud, or harm the public and violating the rules of
25    professional conduct adopted by the Department.
26        (9) Failing to maintain the confidentiality of any



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1    information received from a client, unless otherwise
2    authorized or required by law.
3        (10) Failure to maintain client records of services
4    provided and provide copies to clients upon request.
5        (11) Exploiting a client for personal advantage,
6    profit, or interest.
7        (12) Habitual or excessive use or addiction to
8    alcohol, narcotics, stimulants, or any other chemical
9    agent or drug which results in inability to practice with
10    reasonable skill, judgment, or safety.
11        (13) Discipline by another governmental agency or unit
12    of government, by any jurisdiction of the United States,
13    or by a foreign nation, if at least one of the grounds for
14    the discipline is the same or substantially equivalent to
15    those set forth in this Section.
16        (14) Directly or indirectly giving to or receiving
17    from any person, firm, corporation, partnership, or
18    association any fee, commission, rebate, or other form of
19    compensation for any professional service not actually
20    rendered. Nothing in this paragraph affects any bona fide
21    independent contractor or employment arrangements among
22    health care professionals, health facilities, health care
23    providers, or other entities, except as otherwise
24    prohibited by law. Any employment arrangements may include
25    provisions for compensation, health insurance, pension, or
26    other employment benefits for the provision of services



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1    within the scope of the licensee's practice under this
2    Act. Nothing in this paragraph shall be construed to
3    require an employment arrangement to receive professional
4    fees for services rendered.
5        (15) A finding by the Department that the licensee,
6    after having the license placed on probationary status,
7    has violated the terms of probation.
8        (16) Failing to refer a client to other health care
9    professionals when the licensee is unable or unwilling to
10    adequately support or serve the client.
11        (17) Willfully filing false reports relating to a
12    licensee's practice, including, but not limited to, false
13    records filed with federal or State agencies or
14    departments.
15        (18) Willfully failing to report an instance of
16    suspected child abuse or neglect as required by the Abused
17    and Neglected Child Reporting Act.
18        (19) Being named as a perpetrator in an indicated
19    report by the Department of Children and Family Services
20    pursuant to the Abused and Neglected Child Reporting Act,
21    and upon proof by clear and convincing evidence that the
22    licensee has caused a child to be an abused child or
23    neglected child as defined in the Abused and Neglected
24    Child Reporting Act.
25        (20) Physical or mental disability, including
26    deterioration through the aging process or loss of



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1    abilities and skills which results in the inability to
2    practice the profession with reasonable judgment, skill,
3    or safety.
4        (21) Solicitation of professional services by using
5    false or misleading advertising.
6        (22) Fraud or making any misrepresentation in applying
7    for or procuring a license under this Act or in connection
8    with applying for renewal of a license under this Act.
9        (23) Practicing or attempting to practice under a name
10    other than the full name as shown on the license or any
11    other legally authorized name.
12        (24) Gross overcharging for professional services,
13    including filing statements for collection of fees or
14    moneys for which services are not rendered.
15        (25) Charging for professional services not rendered,
16    including filing false statements for the collection of
17    fees for which services are not rendered.
18        (26) Allowing one's license under this Act to be used
19    by an unlicensed person in violation of this Act.
20    (b) The determination by a court that a licensee is
21subject to involuntary admission or judicial admission as
22provided in the Mental Health and Developmental Disabilities
23Code shall result in an automatic suspension of the licensee's
24license. The suspension will end upon a finding by a court that
25the licensee is no longer subject to involuntary admission or
26judicial admission, the issuance of an order so finding and



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1discharging the patient, and the determination of the
2Secretary that the licensee be allowed to resume professional
4    (c) The Department may refuse to issue or renew or may
5suspend without hearing the license of any person who fails to
6file a return, to pay the tax penalty or interest shown in a
7filed return, or to pay any final assessment of the tax,
8penalty, or interest as required by any Act regarding the
9payment of taxes administered by the Department of Revenue
10until the requirements of the Act are satisfied in accordance
11with subsection (g) of Section 2105-15 of the Civil
12Administrative Code of Illinois.
13    (d) In cases where the Department of Healthcare and Family
14Services has previously determined that a licensee or a
15potential licensee is more than 30 days delinquent in the
16payment of child support and has subsequently certified the
17delinquency to the Department, the Department may refuse to
18issue or renew or may revoke or suspend that person's license
19or may take other disciplinary action against that person
20based solely upon the certification of delinquency made by the
21Department of Healthcare and Family Services in accordance
22with paragraph (5) of subsection (a) of Section 2105-15 of the
23Department of Professional Regulation Law of the Civil
24Administrative Code of Illinois.
25    (e) All fines or costs imposed under this Section shall be
26paid within 60 days after the effective date of the order



SB2243 Enrolled- 23 -LRB102 17262 SPS 22733 b

1imposing the fine or costs or in accordance with the terms set
2forth in the order imposing the fine.
3    Section 100. Violations; injunction; cease and desist
5    (a) If any person violates the provisions of this Act, the
6Secretary may, in the name of the People of the State of
7Illinois, through the Attorney General or the State's Attorney
8of any county in which the violation is alleged to have
9occurred, petition for an order enjoining the violation or for
10an order enforcing compliance with this Act. Upon the filing
11of a verified petition, the court with appropriate
12jurisdiction may issue a temporary restraining order without
13notice or bond, and may preliminarily and permanently enjoin
14the violation. If it is established that the person has
15violated or is violating the injunction, the court may punish
16the offender for contempt of court. Proceedings under this
17Section are in addition to all other remedies and penalties
18provided by this Act.
19    (b) Whenever, in the opinion of the Department, a person
20violates any provision of this Act, the Department may issue a
21rule to show cause why an order to cease and desist should not
22be entered against that person. The rule shall clearly set
23forth the grounds relied upon by the Department and shall
24allow at least 7 days from the date of the rule to file an
25answer satisfactory to the Department. Failure to answer to



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1the satisfaction of the Department shall cause an order to
2cease and desist to be issued.
3    Section 105. Investigations; notice and hearing. The
4Department may investigate the actions of any applicant or any
5person holding or claiming to hold a license or engaging in the
6practice of music therapy. The Department shall, before
7revoking, suspending, placing on probation, reprimanding, or
8taking any other disciplinary action under Section 95, at
9least 30 days before the date set for the hearing, (i) notify
10the accused, in writing, of any charges made and the time and
11place for the hearing on the charges, (ii) direct the accused
12to file a written answer to the charges with the Department
13under oath within 20 days after service of the notice, and
14(iii) inform the accused that, if the accused fails to answer,
15default will be taken against the accused or that the
16accused's license or certificate may be suspended, revoked,
17placed on probationary status, or other disciplinary action
18taken with regard to the license, including limiting the
19scope, nature, or extent of the accused's practice, as the
20Department may deem proper. In case the person, after
21receiving notice, fails to file an answer, the accused's
22license may, in the discretion of the Department, be
23suspended, revoked, placed on probationary status, or the
24Department may take whatever disciplinary action considered
25proper, including limiting the scope, nature, or extent of the



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1person's practice or the imposition of a fine, without a
2hearing, if the act or acts charged constitute sufficient
3grounds for such action under this Act. The written notice may
4be served by personal delivery, mail, or email to the address
5of record or email address of record.
6    Section 110. Record of proceedings; transcript. The
7Department, at its expense, shall preserve a record of all
8proceedings at the formal hearing of any case except as
9otherwise provided by statute or rule.
10    Section 115. Subpoenas; depositions; oaths. The Department
11may subpoena and bring before it any person in this State and
12take the oral or written testimony or compel the production of
13any books, papers, records, or any other documents that the
14Secretary or the Secretary's designee deems relevant or
15material to any investigation or hearing conducted by the
16Department with the same fees and mileage and in the same
17manner as prescribed in civil cases in the courts of this
18State. The Secretary, the shorthand court reporter, the
19designated hearing officer, and every member of the Advisory
20Board may administer oaths at any hearing which the Department
21conducts. Notwithstanding any other statute or Department rule
22to the contrary, all requests for testimony and for the
23production of documents or records shall be in accordance with
24this Act.



SB2243 Enrolled- 26 -LRB102 17262 SPS 22733 b

1    Section 120. Compelling testimony. Any court, upon
2application of the Department, designated hearing officer, or
3the applicant or licensee against whom proceedings under
4Section 95 are pending, may order the attendance and testimony
5of witnesses and the production of relevant documents, papers,
6files, books, and records in connection with any hearing or
7investigation. The court may compel obedience to its order by
8proceedings for contempt.
9    Section 125. Findings and recommendations. At the
10conclusion of the hearing, the hearing officer or Advisory
11Board shall present to the Secretary a written report of its
12findings of fact, conclusions of law, and recommendations. The
13report shall contain a finding whether the licensee violated
14this Act or failed to comply with the conditions required in
15this Act. The hearing officer or Advisory Board shall specify
16the nature of the violation or failure to comply, and shall
17make its recommendations to the Secretary. The report of
18findings of fact, conclusions of law, and recommendation of
19the hearing officer or Advisory Board shall be the basis for
20the Department's order for refusing to issue, restore, or
21renew a license, or for otherwise disciplining a licensee. If
22the Secretary disagrees with the recommendations of the
23hearing officer or Advisory Board, the Secretary may issue an
24order in contravention of the hearing officer's or Advisory



SB2243 Enrolled- 27 -LRB102 17262 SPS 22733 b

1Board's recommendations. The finding is not admissible in
2evidence against the person in a criminal prosecution brought
3for the violation of this Act, but the hearing and findings are
4not a bar to a criminal prosecution brought for the violation
5of this Act.
6    Section 130. Secretary; rehearing. Whenever the Secretary
7believes substantial justice has not been done in the
8revocation, suspension, or refusal to issue or renew a license
9or the discipline of a licensee, the Secretary may order a
11    Section 135. Appointment of a hearing officer. The
12Secretary has the authority to appoint any attorney licensed
13to practice law in the State to serve as the hearing officer in
14any action for refusal to issue or renew a license or permit or
15to discipline a licensee. The hearing officer has full
16authority to conduct the hearing. The hearing officer shall
17report the hearing officer's findings of fact, conclusions of
18law, and recommendations to the Secretary.
19    Section 140. Order or certified copy; prima facie proof.
20An order or certified copy thereof, over the seal of the
21Department and purporting to be signed by the Secretary, is
22prima facie proof that: (1) the signature is the genuine
23signature of the Secretary; and (2) the Secretary is duly



SB2243 Enrolled- 28 -LRB102 17262 SPS 22733 b

1appointed and qualified.
2    Section 145. Restoration of license from discipline. At
3any time after the successful completion of a term of
4indefinite probation, suspension, or revocation of a license,
5the Department may restore the license to active status,
6unless, after an investigation and a hearing, the Secretary
7determines that restoration is not in the public interest. No
8person whose license has been revoked as authorized in this
9Act may apply for restoration of that license until authorized
10to do so under the Civil Administrative Code of Illinois.
11    Section 150. Summary suspension of license. The Secretary
12may summarily suspend the license of a music therapist without
13a hearing, simultaneously with the institution of proceedings
14for a hearing provided for in Section 105, if the Secretary
15finds that the evidence indicates that the continuation of
16practice by the professional music therapist would constitute
17an imminent danger to the public. If the Secretary summarily
18suspends the license of an individual without a hearing, a
19hearing must be held within 30 days after the suspension has
20occurred and shall be concluded as expeditiously as possible.
21    Section 155. Administrative review; venue.
22    (a) All final administrative decisions of the Department
23are subject to judicial review pursuant to the Administrative



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1Review Law and its rules. As used in this Section,
2"administrative decision" has the same meaning as used in
3Section 3-101 of the Code of Civil Procedure.
4    (b) Proceedings for judicial review shall be commenced in
5the circuit court of the county in which the party applying for
6review resides, but if the party is not a resident of this
7State, the venue shall be in Sangamon County.
8    Section 160. Certification of record; costs. The
9Department shall not be required to certify any record to the
10court, to file an answer in court, or to otherwise appear in
11any court in a judicial review proceeding, unless and until
12the Department has received from the plaintiff payment of the
13costs of furnishing and certifying the record, which costs
14shall be determined by the Department. Failure on the part of
15the plaintiff to file the receipt in court is grounds for
16dismissal of the action.
17    Section 165. Violations. Unless otherwise specified, any
18person found to have violated any provision of this Act is
19guilty of a Class A misdemeanor.
20    Section 170. Illinois Administrative Procedure Act;
21application. The Illinois Administrative Procedure Act is
22hereby expressly adopted and incorporated in this Act as if
23all of the provisions of that Act were included in this Act,



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1except subsection (d) of Section 10-65 of the Illinois
2Administrative Procedure Act, which provides that at hearings
3the license holder has the right to show compliance with all
4lawful requirements for retention, continuation, or renewal of
5the certificate, is specifically excluded. For the purpose of
6this Act, the notice required under Section 10-25 of the
7Illinois Administrative Procedure Act is deemed sufficient
8when mailed to the last known address of a party or the address
9of record.
10    Section 175. Home rule. The regulation and licensing of
11professional music therapists are exclusive powers and
12functions of the State. A home rule unit may not regulate or
13license professional music therapists. This Section is a
14denial and limitation of home rule powers and functions under
15subsection (h) of Section 6 of Article VII of the Illinois
17    Section 180. Confidentiality. All information collected by
18the Department in the course of an examination or
19investigation of a licensee or applicant, including, but not
20limited to, any complaint against a licensee filed with the
21Department and information collected to investigate any
22complaint, shall be maintained for the confidential use of the
23Department and shall not be disclosed. The Department shall
24not disclose the information to anyone other than law



SB2243 Enrolled- 31 -LRB102 17262 SPS 22733 b

1enforcement officials, regulatory agencies that have an
2appropriate regulatory interest as determined by the
3Secretary, or a party presenting a lawful subpoena to the
4Department. Information and documents disclosed to a federal,
5State, county, or local law enforcement agency shall not be
6disclosed by the agency for any purpose to any other agency or
7person. A formal complaint filed against a licensee or
8registrant by the Department or any other complaint issued by
9the Department against a licensee, registrant, or applicant
10shall be a public record, except as otherwise prohibited by
12    Section 900. The Regulatory Sunset Act is amended by
13changing Section 4.38 as follows:
14    (5 ILCS 80/4.38)
15    Sec. 4.38. Acts repealed on January 1, 2028. The following
16Acts are repealed on January 1, 2028:
17    The Acupuncture Practice Act.
18    The Clinical Social Work and Social Work Practice Act.
19    The Home Medical Equipment and Services Provider License
21    The Illinois Petroleum Education and Marketing Act.
22    The Illinois Speech-Language Pathology and Audiology
23Practice Act.
24    The Interpreter for the Deaf Licensure Act of 2007.



SB2243 Enrolled- 32 -LRB102 17262 SPS 22733 b

1    The Music Therapy Licensing and Practice Act.
2    The Nurse Practice Act.
3    The Nursing Home Administrators Licensing and Disciplinary
5    The Physician Assistant Practice Act of 1987.
6    The Podiatric Medical Practice Act of 1987.
7(Source: P.A. 100-220, eff. 8-18-17; 100-375, eff. 8-25-17;
8100-398, eff. 8-25-17; 100-414, eff. 8-25-17; 100-453, eff.
98-25-17; 100-513, eff. 9-20-17; 100-525, eff. 9-22-17;
10100-530, eff. 9-22-17; 100-560, eff. 12-8-17.)
11    Section 999. Effective date. This Act takes effect upon
12becoming law.