Illinois General Assembly - Full Text of SB2603
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Full Text of SB2603  100th General Assembly




State of Illinois
2017 and 2018


Introduced 2/7/2018, by Sen. Laura M. Murphy


New Act

    Creates the Music Therapy Licensing and Practice Act. Provides for licensure of music therapists by the Department of Financial and Professional Regulation. Establishes the powers and duties of the Department, including prescribing rules defining what constitutes an appropriate curriculum for music therapy, reviewing the qualifications of applicants for licenses, investigating alleged violations of the Act, conducting hearings on disciplinary and other matters, and establishing a schedule of fees for the administration and enforcement of the Act. Establishes qualifications for licensure as a music therapist. Provides that a music therapist shall collaborate with other professionals when applicable in providing music therapy services. Provides that licenses issued under the Act shall be renewed biennially. Establishes the Music Therapy Advisory Committee. Establishes the powers and duties of the advisory committee, including advising the Department on all matters pertaining to licensure, education, and continuing education requirements for music therapists. Establishes grounds for discipline of a license. Provides for civil and criminal penalties for violations of the Act. Creates provisions concerning formal hearings, including transcripts of proceedings, appointment of hearing officers, subpoenas and depositions, and rehearings. Provides for judicial review of all final administrative decisions of the Department. Preempts home rule. Effective immediately.

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SB2603LRB100 18369 XWW 33576 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
7professional music therapy is hereby declared to affect the
8public health, safety, and welfare and to be subject to
9regulation in the public interest. The purpose of the Act is to
10ensure the highest degree of professional conduct on the part
11of music therapists, to guarantee the availability of music
12therapy services provided by a qualified professional to
13persons in need of those services, and to protect the public
14from the practice of music therapy by unqualified individuals.
15    Section 10. Definitions. For purposes of this Act, the
16following definitions shall have the following meanings,
17except where the context requires otherwise:
18    "Address of record" means the designated address recorded
19by the Department in the applicant's or licensee's application
20file or license file as maintained by the Department's
21licensure maintenance unit. It is the duty of the applicant or
22licensee to inform the Department of any change of address, and



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1those changes must be made either through the Department's
2website or by contacting the Department.
3    "Advisory committee" means the Music Therapy Advisory
5    "Board-certified music therapist" means an individual who
6has completed the education and clinical training requirements
7established by the American Music Therapy Association, has
8passed the Certification Board for Music Therapists
9certification examination or transitioned into board
10certification, and remains actively certified by the
11Certification Board for Music Therapists.
12    "Department" means the Department of Financial and
13Professional Regulation.
14    "Music therapist" means a person licensed to practice music
15therapy pursuant to this Act.
16    "Music therapy" means the clinical and evidence-based use
17of music interventions to accomplish individualized goals for
18people of all ages and ability levels within a therapeutic
19relationship by a credentialed professional who has completed
20an approved music therapy program. The music therapy
21interventions may include music improvisation, receptive music
22listening, song writing, lyric discussion, music and imagery,
23singing, music performance, learning through music, music
24combined with other arts, music-assisted relaxation,
25music-based patient education, electronic music technology,
26adapted music intervention, and movement to music. The practice



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1of music therapy does not include the diagnosis or assessment
2of any physical, mental, or communication disorder.
3    "Person" means an individual, association, partnership, or
5    "Secretary" means the Secretary of Financial and
6Professional Regulation or his or her designee.
7    Section 15. Music Therapy Advisory Committee. There is
8created within the Department a Music Therapy Advisory
9Committee, which shall consist of 5 members. The Secretary
10shall appoint all members of the advisory committee. The
11advisory committee shall consist of persons familiar with the
12practice of music therapy to provide the Secretary with
13expertise and assistance in carrying out his or her duties
14pursuant to this Act. The Secretary shall appoint members of
15the advisory committee to serve for terms of 4 years, and
16members may serve consecutive terms at the will of the
17Secretary. Any vacancy shall be filled in the same manner as a
18regular appointment. The Secretary shall appoint 3 members who
19practice as music therapists in this State, one member who is a
20licensed health care provider who is not a music therapist, and
21one member who is a consumer. Members shall serve without
23    Section 20. Music Therapy Advisory Committee; powers and



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1    (a) The advisory committee shall meet at least once per
2year or as otherwise called by the Secretary.
3    (b) The Secretary shall consult with the advisory committee
4prior to setting or changing fees under this Act.
5    (c) The advisory committee may facilitate the development
6of materials that the Secretary may utilize to educate the
7public concerning music therapist licensure, the benefits of
8music therapy, and the utilization of music therapy by
9individuals and in facilities or institutional settings.
10    (d) The advisory committee may act as a facilitator of
11statewide dissemination of information between music
12therapists, the American Music Therapy Association or any
13successor organization, the Certification Board for Music
14Therapists or any successor organization, and the Secretary.
15    (e) The advisory committee shall provide an analysis of
16disciplinary actions, appeals and denials, and license
17revocations at least once per year.
18    (f) The Secretary shall seek the advice of the advisory
19committee for issues related to music therapy.
20    (g) The advisory committee shall advise the Department on
21all matters pertaining to the licensure, education, continuing
22education requirements for and practice of music therapy in
23this State.
24    (h) The advisory committee shall assist and advise the
25Department in all hearings involving music therapists who are
26alleged to be in violation of this Act.



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1    Section 25. Exemptions.
2    (a) This Act does not prohibit any persons legally
3regulated in this State by any other Act from engaging in the
4practice for which they are authorized as long as they do not
5represent themselves by the title of "music therapist" or
6"licensed music therapist". This Act does not prohibit the
7practice of nonregulated professions whose practitioners are
8engaged in the delivery of human services as long as these
9practitioners do not represent themselves as or use the title
10of "music therapist" or "licensed music therapist".
11    (b) Nothing in this Act shall be construed to limit the
12activities and services of a student enrolled in an accredited
13music therapy program if these activities and services
14constitute an integral part of the student's supervised course
15of study as long as the student does not represent himself or
16herself as a "music therapist" or "licensed music therapist".
17    Section 30. Restrictions and limitations. No person shall,
18without a valid license as a music therapist issued by the
19Department (i) in any manner hold himself or herself out to the
20public as a music therapist under this Act; (ii) use in
21connection with his or her name or place of business the title
22"music therapist" or "licensed music therapist" or any words,
23letters, abbreviations, or insignia indicating or implying a
24person has met the qualifications for or has the license issued



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1under this Act; or (iii) offer to render or render to
2individuals, corporations, or the public music therapy
3services if the words "music therapist" or "licensed music
4therapist" are used to describe the person offering to render
5or rendering them or "music therapy" is used to describe the
6services rendered or offered to be rendered.
7    Section 33. Collaboration. Before or during the provision
8of music therapy services to a client for a speech, language,
9voice, fluency, cognitive-linguistic, or swallowing disorder,
10the music therapist shall collaborate, as applicable, with the
11client's speech-language pathologist or audiologist to review
12the client's diagnosis. Before or during the provision of music
13therapy services to a client for a medical, developmental, or
14mental health condition, the music therapist shall
15collaborate, as applicable, with the client's physician,
16psychologist, licensed clinical social worker, or other mental
17health professional to review the client's diagnosis,
18treatment needs, and treatment plan.
19    Section 35. Unlicensed practice; violation; civil penalty.
20    (a) Any person who practices, offers to practice, attempts
21to practice, or holds himself or herself out to practice as a
22music therapist without being licensed or exempt under this Act
23shall, in addition to any other penalty provided by law, pay a
24civil penalty to the Department in an amount not to exceed



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1$10,000 for each offense, as determined by the Department. The
2civil penalty shall be assessed by the Department after a
3hearing is held in accordance with the provisions set forth in
4this Act regarding the provision of a hearing for the
5discipline of a licensee.
6    (b) The Department may investigate any actual, alleged, or
7suspected unlicensed activity.
8    (c) The civil penalty shall be paid within 60 days after
9the effective date of the order imposing the civil penalty. The
10order shall constitute a final judgment and may be filed and
11execution had thereon in the same manner as any judgment from
12any court of record.
13    Section 40. Powers and duties of the Department. Subject to
14the provisions of this Act, the Department shall:
15        (1) adopt rules defining what constitutes a curriculum
16    for music therapy that is reputable and in good standing;
17        (2) adopt rules providing for the establishment of a
18    uniform and reasonable standard of instruction and
19    maintenance to be observed by all curricula for music
20    therapy that are approved by the Department and determine
21    the reputability and good standing of such curricula for
22    music therapy by reference to compliance with the rules,
23    provided that no school of music therapy that refuses
24    admittance to applicants solely on account of race, color,
25    creed, sex, or national origin shall be considered



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1    reputable and in good standing;
2        (3) adopt and publish rules for a method of examination
3    of candidates for licensed music therapists and for
4    issuance of licenses authorizing candidates upon passing
5    examination to practice as licensed music therapists;
6        (4) review applications to ascertain the
7    qualifications of applicants for licenses;
8        (5) authorize examinations to ascertain the
9    qualifications of those applicants who require such
10    examinations as a component of a license;
11        (6) conduct hearings on proceedings to refuse to issue
12    or renew or to revoke licenses or suspend, place on
13    probation, censure, or reprimand persons licensed under
14    this Act and to refuse to issue or renew or to revoke
15    licenses or suspend, place on probation, censure, or
16    reprimand persons licensed under this Act;
17        (7) adopt rules necessary for the administration of
18    this Act; and
19        (8) maintain a list of music therapists authorized to
20    practice in the State; this list shall show the name of
21    every licensee, his last known place of residence and the
22    date and number of his or her license; any interested
23    person in the State may obtain a copy of that list on
24    application to the Department and payment of the required
25    fee.



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1    Section 45. Application for original license.
2Applications for original licenses shall be made to the
3Department on forms prescribed by the Department and
4accompanied by the required fee, which is not refundable. All
5applications shall contain such information that, in the
6judgment of the Department, will enable the Department to pass
7on the qualifications of the applicant for a license to
8practice as a music therapist. If an applicant fails to obtain
9a license under this Act within 3 years after filing his or her
10application, the application shall be denied. The applicant may
11make a new application, which shall be accompanied by the
12required nonrefundable fee. The applicant shall be required to
13meet the qualifications required for licensure at the time of
15    Section 50. Social Security Number on license application.
16In addition to any other information required to be contained
17in the application, every application for an original license
18under this Act shall include the applicant's Social Security
19Number, which shall be retained in the Department's records
20pertaining to the license. As soon as practical, the Department
21shall assign a customer's identification number to each
22applicant for a license. Every application for a renewal,
23reinstated, or restored license shall require the applicant's
24customer identification number.



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1    Section 55. Qualifications for licensure.
2    (a) The Secretary shall issue a license to an applicant for
3a music therapy license if such applicant has completed and
4submitted an application form in such manner as the Secretary
5prescribes, accompanied by applicable fees, and evidence
6satisfactory to the Secretary that:
7        (1) the applicant is at least 18 years of age;
8        (2) the applicant holds a bachelor's degree or higher
9    in music therapy, or its equivalent, from a program
10    approved by the American Music Therapy Association or any
11    successor organization within an accredited college or
12    university;
13        (3) the applicant has successfully completed a minimum
14    of 1,200 hours of clinical training, with at least 180
15    hours of pre-internship experience and at least 900 hours
16    of internship experience, provided that the internship is
17    approved by an academic institution or the American Music
18    Therapy Association or any successor organization;
19        (4) the applicant is in good standing based on a review
20    of any music therapy licensure history the applicant may
21    have in other jurisdictions, including any alleged
22    misconduct or neglect in the practice of music therapy; and
23        (5) the applicant provides proof of passing the
24    examination for board certification offered by the
25    Certification Board for Music Therapists or any successor
26    organization, provides proof of being transitioned into



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1    board certification, and provides proof that the applicant
2    is currently a board-certified music therapist.
3    (b) The Secretary shall issue a license to an applicant for
4a music therapy license if such applicant has completed and
5submitted an application upon a form and in such manner as the
6Secretary prescribes, accompanied by any applicable fees, and
7evidence satisfactory to the Secretary that the applicant is
8licensed and in good standing as a music therapist in another
9jurisdiction where the qualifications required are equal to or
10greater than those required by this Act at the date of
12    (c) The Secretary shall waive the examination requirement
13until January 1, 2023 for an applicant who is designated as a
14registered music therapist, certified music therapist, or
15advanced certified music therapist and is in good standing with
16the national music therapy registry.
17    Section 60. License renewal.
18    (a) Every license issued under this Act shall be renewed
19biennially. A license shall be renewed upon payment of a
20renewal fee, provided that the applicant is not in violation of
21any of the terms of this Act at the time of application for
22renewal. The following shall also be required for license
24        (1) proof of maintenance of the applicant's status as a
25    board-certified music therapist; and



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1        (2) proof of completion of a minimum of 40 hours of
2    continuing education in a program approved by the
3    Certification Board for Music Therapists or any successor
4    organization and any other continuing education
5    requirements established by the Secretary.
6    (b) A licensee shall inform the Secretary of any changes to
7his or her address. Each licensee shall be responsible for
8timely renewal of his or her license.
9    (c) Failure to renew a license shall result in forfeiture
10of the license. Licenses that have been forfeited may be
11restored within one year after the expiration date upon payment
12of renewal and restoration fees. Failure to restore a forfeited
13license within one year after the date of its expiration shall
14result in the automatic termination of the license, and the
15Secretary may require the individual to reapply for licensure
16as a new applicant.
17    (d) Upon written request of a licensee, the Secretary may
18place an active license on an inactive status subject to an
19inactive status fee established by the Secretary. The licensee,
20upon request and payment of the inactive license fee, may
21continue on inactive status for a period up to 2 years. An
22inactive license may be reactivated at any time by making a
23written request to the Secretary and by fulfilling the
24requirements established by the Secretary.
25    Section 65. Inactive status. A person who notifies the



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1Department in writing on forms prescribed by the Department may
2elect to place his or her license on inactive status and shall,
3subject to rule of the Department, be excused from payment of
4renewal fees until he or she notifies the Department, in
5writing, of his or her desire to resume active status. A person
6requesting restoration from inactive status shall be required
7to pay the current renewal fee and shall be required to restore
8his or her license. Practice by an individual whose license is
9on inactive status shall be considered to be the unlicensed
10practice of music therapy and shall be grounds for discipline
11under this Act.
12    Section 70. Fees; deposit of fees. The Department shall,
13by rule, establish a schedule of fees for the administration
14and enforcement of this Act. These fees shall be nonrefundable.
15All of the fees and fines collected under this Act shall be
16deposited into the General Professions Dedicated Fund. The
17moneys deposited into the General Professions Dedicated Fund
18shall be used by the Department, as appropriate, for the
19ordinary and contingent expenses of the Department. Moneys in
20the General Professions Dedicated Fund may be invested and
21reinvested, with all earnings received from these investments
22being deposited into that Fund and used for the same purposes
23as the fees and fines deposited in that Fund.
24    Section 75. Checks or orders dishonored. Any person who



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1issues or delivers a check or other order to the Department
2that is returned to the Department unpaid by the financial
3institution upon which it is drawn shall pay to the Department,
4in addition to the amount already owed to the Department, a
5fine of $50. The fines imposed by this Section are in addition
6to any other discipline provided under this Act prohibiting
7unlicensed practice or practice on a nonrenewed license. The
8Department shall notify the person that payment of fees and
9fines shall be paid to the Department by certified check or
10money order within 30 calendar days after notification. If,
11after the expiration of 30 days from the date of the
12notification, the person has failed to submit the necessary
13remittance, the Department shall automatically terminate the
14license or certification or deny the application, without
15hearing. If, after termination or denial, the person seeks a
16license or certificate, he or she shall apply to the Department
17for restoration or issuance of the license or certificate and
18pay all fees and fines due to the Department. The Department
19may establish a fee for the processing of an application for
20restoration of a license to pay all costs and expenses of
21processing of this application. The Secretary may waive the
22fines due under this Section in individual cases where the
23Secretary finds that the fines would be unnecessarily
25    Section 80. Endorsement. The Department may issue a



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1license as a music therapist, without administering the
2required examination, to an applicant licensed under the laws
3of another state, a U.S. territory, or another country if the
4requirements for licensure in that state, U.S. territory, or
5country are, on the date of licensure, substantially equal to
6the requirements of this Act or to a person who, at the time of
7his or her application for licensure, possesses individual
8qualifications that are substantially equivalent to the
9requirements of this Act.
10    An applicant under this Section shall pay all of the
11required fees. An applicant shall have 3 years after the date
12of application to complete the application process. If the
13process has not been completed within the 3-year time period,
14the application shall be denied, the fee shall be forfeited,
15and the applicant shall be required to reapply and meet the
16requirements in effect at the time of reapplication.
17    Section 85. Privileged communications and exceptions.
18     (a) No licensed music therapist shall disclose any
19information acquired from persons consulting the therapist in a
20professional capacity, except that which may be voluntarily
21disclosed under any of the following circumstances:
22        (1) In the course of formally reporting, conferring, or
23    consulting with administrative superiors, colleagues, or
24    consultants who share professional responsibility, in
25    which instance all recipients of the information are



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1    similarly bound to regard the communication as privileged.
2        (2) With the written consent of the person who provided
3    the information and about whom the information concerns.
4        (3) In the case of death or disability, with the
5    written consent of a personal representative.
6        (4) When a communication reveals the intended
7    commission of a crime or harmful act and such disclosure is
8    judged necessary in the professional judgment of the
9    licensed music therapist to protect any person from a clear
10    risk of serious mental or physical harm or injury or to
11    forestall a serious threat to the public safety.
12        (5) When the person waives the privilege by bringing
13    any public charges or filing a lawsuit against the
14    licensee.
15    (b) Any person having access to records or anyone who
16participates in providing music therapy services, or in
17providing any human services, or is supervised by a licensed
18music therapist is similarly bound to regard all information
19and communications as privileged in accord with this Section.
20    Section 90. Grounds for discipline.
21    (a) The Department may refuse to issue, renew, or may
22revoke, suspend, place on probation, reprimand, or take other
23disciplinary or non-disciplinary action as the Department
24deems appropriate, including the issuance of fines not to
25exceed $10,000 for each violation, with regard to any license



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



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



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



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1        (20) Physical or mental disability, including
2    deterioration through the aging process or loss of
3    abilities and skills which results in the inability to
4    practice the profession with reasonable judgment, skill,
5    or safety.
6        (21) Solicitation of professional services by using
7    false or misleading advertising.
8        (22) Failure to file a return, or to pay the tax,
9    penalty of interest shown in a filed return, or to pay any
10    final assessment of tax, penalty or interest, as required
11    by any tax Act administered by the Illinois Department of
12    Revenue or any successor agency or the Internal Revenue
13    Service or any successor agency.
14        (23) 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        (24) 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        (25) Gross overcharging for professional services,
21    including filing statements for collection of fees or
22    monies for which services are not rendered.
23        (26) Charging for professional services not rendered,
24    including filing false statements for the collection of
25    fees for which services are not rendered.
26        (27) Allowing one's license under this Act to be used



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1    by an unlicensed person in violation of this Act.
2    (b) The Department shall deny, without hearing, any
3application or renewal for a license under this Act to any
4person who has defaulted on an educational loan guaranteed by
5the Illinois State Assistance Commission; however, the
6Department may issue a license or renewal if the person in
7default has established a satisfactory repayment record as
8determined by the Illinois Student Assistance Commission.
9    (c) The determination by a court that a licensee is subject
10to involuntary admission or judicial admission as provided in
11the Mental Health and Developmental Disabilities Code will
12result in an automatic suspension of his or her license. The
13suspension will end upon a finding by a court that the licensee
14is no longer subject to involuntary admission or judicial
15admission, the issuance of an order so finding and discharging
16the patient, and the determination of the Secretary that the
17licensee be allowed to resume professional practice.
18    (d) The Department may refuse to issue or renew or may
19suspend without hearing the license of any person who fails to
20file a return, to pay the tax penalty or interest shown in a
21filed return, or to pay any final assessment of the tax,
22penalty, or interest as required by any Act regarding the
23payment of taxes administered by the Illinois Department of
24Revenue until the requirements of the Act are satisfied in
25accordance with subsection (g) of Section 2105-15 of the Civil
26Administrative Code of Illinois.



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1    (e) In cases where the Department of Healthcare and Family
2Services has previously determined that a licensee or a
3potential licensee is more than 30 days delinquent in the
4payment of child support and has subsequently certified the
5delinquency to the Department, the Department may refuse to
6issue or renew or may revoke or suspend that person's license
7or may take other disciplinary action against that person based
8solely upon the certification of delinquency made by the
9Department of Healthcare and Family Services in accordance with
10item (5) of subsection (a) of Section 2105-15 of the Department
11of Professional Regulation Law of the Civil Administrative Code
12of Illinois.
13    (f) All fines or costs imposed under this Section shall be
14paid within 60 days after the effective date of the order
15imposing the fine or costs or in accordance with the terms set
16forth in the order imposing the fine.
17    Section 95. Suspension of license for failure to pay
18restitution. The Department, without further process or
19hearing, shall suspend the license or other authorization to
20practice of any person issued under this Act who has been
21certified by court order as not having paid restitution to a
22person under Section 8A-3.5 of the Illinois Public Aid Code or
23under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or
24the Criminal Code of 2012. A person whose license or other
25authorization to practice is suspended under this Section is



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1prohibited from practicing until the restitution is made in
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 of the State of Illinois
8or the State's Attorney of any county in which the violation is
9alleged to have occurred, petition for an order enjoining the
10violation or for an order enforcing compliance with this Act.
11Upon the filing of a verified petition, the court with
12appropriate jurisdiction may issue a temporary restraining
13order without notice or bond, and may preliminarily and
14permanently enjoin the violation. If it is established that the
15person has violated or is violating the injunction, the court
16may punish the offender for contempt of court. Proceedings
17under this Section are in addition to all other remedies and
18penalties provided by this Act.
19    (b) If any person holds himself or herself out as being a
20licensed music therapist under this Act and is not licensed to
21do so, then any licensed music therapist, interested party, or
22any person injured thereby may petition for relief as provided
23in subsection (a) of this Section.
24    (c) Whenever, in the opinion of the Department, a person
25violates any provision of this Act, the Department may issue a



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1rule to show cause why an order to cease and desist should not
2be entered against that person. The rule shall clearly set
3forth the grounds relied upon by the Department and shall allow
4at least 7 days from the date of the rule to file an answer
5satisfactory to the Department. Failure to answer to the
6satisfaction of the Department shall cause an order to cease
7and desist to be issued.
8    Section 105. Investigations; notice and hearing. The
9Department may investigate the actions of any applicant or any
10person holding or claiming to hold a license. The Department
11shall, before revoking, suspending, placing on probation,
12reprimanding, or taking any other disciplinary action under
13Section 90 of this Act, at least 30 days prior to the date set
14for the hearing, (i) notify the accused, in writing, of any
15charges made and the time and place for the hearing on the
16charges, (ii) direct him or her to file a written answer to the
17charges with the Department under oath within 20 days after
18service of the notice, and (iii) inform the accused that, if he
19or she fails to answer, default will be taken against him or
20her or that his or her license or certificate may be suspended,
21revoked, placed on probationary status, or other disciplinary
22action taken with regard to the license, including limiting the
23scope, nature, or extent of his or her practice, as the
24Department may deem proper. In case the person, after receiving
25notice, fails to file an answer, his or her license may, in the



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



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1this Act.
2    Section 120. Compelling testimony. Any court, upon
3application of the Department, designated hearing officer, or
4the applicant or licensee against whom proceedings under
5Section 90 of this Act are pending, may order the attendance
6and testimony of witnesses and the production of relevant
7documents, papers, files, books, and records in connection with
8any hearing or investigation. The court may compel obedience to
9its order by proceedings for contempt.
10    Section 125. Findings and recommendations. At the
11conclusion of the hearing, the hearing officer shall present to
12the Secretary a written report of its findings of fact,
13conclusions of law, and recommendations. The report shall
14contain a finding whether the licensee violated this Act or
15failed to comply with the conditions required in this Act. The
16hearing officer shall specify the nature of the violation or
17failure to comply, and shall make its recommendations to the
18Secretary. The report of findings of fact, conclusions of law,
19and recommendation of the hearing officer shall be the basis
20for the 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 hearing
23officer, the Secretary may issue an order in contravention of
24the hearing officer's recommendations. The finding is not



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1admissible in evidence against the person in a criminal
2prosecution brought for the violation of this Act, but the
3hearing and findings are not a bar to a criminal prosecution
4brought for the violation of this Act
5    Section 130. Secretary; rehearing. Whenever the Secretary
6believes justice has not been done in the revocation,
7suspension, or refusal to issue or renew a license or the
8discipline of a licensee, he or she may order a rehearing.
9    Section 135. Appointment of a hearing officer. The
10Secretary has the authority to appoint any attorney licensed to
11practice law in the State of Illinois to serve as the hearing
12officer in any action for refusal to issue or renew a license
13or permit or to discipline a licensee. The hearing officer has
14full authority to conduct the hearing. The hearing officer
15shall report his findings of fact, conclusions of law, and
16recommendations to the Secretary.
17    Section 140. Order or certified copy; prima facie proof.
18An order or certified copy thereof, over the seal of the
19Department and purporting to be signed by the Secretary, is
20prima facie proof that:
21        (1) the signature is the genuine signature of the
22    Secretary; and
23        (2) the Secretary is duly appointed and qualified.



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1    Section 145. Restoration of license from discipline. At any
2time after the successful completion of a term of indefinite
3probation, suspension, or revocation of a license, the
4Department may restore the license to active status, unless,
5after an investigation and a hearing, the Secretary determines
6that restoration is not in the public interest. No person whose
7license has been revoked as authorized in this Act may apply
8for restoration of that license until such time as provided for
9in the Civil Administrative Code of Illinois.
10    Section 150. Surrender of license. Upon the revocation or
11suspension of a license, the licensee shall immediately
12surrender his or her license to the Department. If the licensee
13fails to do so, the Department has the right to seize the
15    Section 155. Summary suspension of license. The Secretary
16may summarily suspend the license of a music therapist without
17a hearing, simultaneously with the institution of proceedings
18for a hearing provided for in Section 105 of this Act, if the
19Secretary finds that the evidence indicates that the
20continuation of practice by the music therapist would
21constitute an imminent danger to the public. In the event that
22the Secretary summarily suspends the license of an individual
23without a hearing, a hearing must be held within 30 days after



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



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1    Section 175. Administrative Procedure Act; application.
2The Illinois Administrative Procedure Act is hereby expressly
3adopted and incorporated in this Act as if all of the
4provisions of such Act were included in this Act, except that
5the provision of paragraph (d) of Section 10-65 of the Illinois
6Administrative Procedure Act, which provides that at hearings
7the license holder has the right to show compliance with all
8lawful requirements for retention, continuation, or renewal of
9the certificate, is specifically excluded. For the purpose of
10this Act the notice required under Section 10-25 of the
11Illinois Administrative Procedure Act is deemed sufficient
12when mailed to the last known address of a party or the address
13of record.
14    Section 180. Home rule. The regulation and licensing of
15music therapists are exclusive powers and functions of the
16State. A home rule unit may not regulate or license music
17therapists. This Section is a denial and limitation of home
18rule powers and functions under subsection (h) of Section 6 of
19Article VII of the Illinois Constitution.
20    Section 185. Confidentiality. All information collected by
21the Department in the course of an examination or investigation
22of a licensee or applicant, including, but not limited to, any
23complaint against a licensee filed with the Department and



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1information collected to investigate any such complaint, shall
2be maintained for the confidential use of the Department and
3shall not be disclosed. The Department shall not disclose the
4information to anyone other than law enforcement officials,
5regulatory agencies that have an appropriate regulatory
6interest as determined by the Secretary, or a party presenting
7a lawful subpoena to the Department. Information and documents
8disclosed to a federal, State, county, or local law enforcement
9agency shall not be disclosed by the agency for any purpose to
10any other agency or person. A formal complaint filed against a
11licensee or registrant by the Department or any other complaint
12issued by the Department against a licensee, registrant, or
13applicant shall be a public record, except as otherwise
14prohibited by law.
15    Section 190. Conflict with Act. All laws and parts of laws
16in conflict with this Act are repealed.
17    Section 999. Effective date. This Act takes effect upon
18becoming law.