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


Sen. Laura M. Murphy

Filed: 2/7/2022





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2    AMENDMENT NO. ______. Amend Senate Bill 2243 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the Music
5Therapy Licensing and Practice Act.
6    Section 5. Declaration of public policy. The practice of
7music therapy is hereby declared to affect the public health,
8safety, and welfare and to be subject to regulation in the
9public interest. The purpose of this Act is to ensure the
10highest degree of professional conduct on the part of music
11therapists, to guarantee the availability of music therapy
12services provided by a qualified professional to persons in
13need of those services, and to protect the public from the
14practice of music therapy by unqualified individuals.
15    Section 10. Definitions. As used in this Act:



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



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1        (1) accepting referrals for music therapy services
2    from medical, developmental, mental health, or education
3    professionals or family members, clients, caregivers, or
4    others involved and authorized with the provision of
5    client services;
6        (2) conducting a music therapy assessment of a client
7    to determine if treatment is indicated; if treatment is
8    indicated, the licensee collects systematic,
9    comprehensive, and accurate information to determine the
10    appropriateness and type of music therapy services to
11    provide for the client;
12        (3) developing an individualized music therapy
13    treatment plan for the client that is based upon the
14    results of the music therapy assessment; as used in this
15    item (3), "music therapy treatment plan" includes
16    individualized goals and objectives that focus on the
17    assessed needs and strengths of the client and specify
18    music therapy approaches and interventions to be used to
19    address these goals and objectives;
20        (4) implementing an individualized music therapy
21    treatment plan that is consistent with any other
22    developmental, rehabilitative, habilitative, medical,
23    mental health, preventive, wellness care, or educational
24    services being provided to the client;
25        (5) evaluating the client's response to music therapy
26    and the music therapy treatment plan, documenting change



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1    and progress, and suggesting modifications, as
2    appropriate;
3        (6) developing a plan for determining when the
4    provision of music therapy services is no longer needed in
5    collaboration with the client, physician, or other
6    provider of health care or education of the client, family
7    members of the client, and any other appropriate person
8    upon whom the client relies for support;
9        (7) minimizing any barriers to ensure that the client
10    receives music therapy services in the least restrictive
11    environment;
12        (8) collaborating with and educating the client and
13    the family, caregiver of the client, or any other
14    appropriate person regarding the needs of the client that
15    are being addressed in music therapy and the manner in
16    which the music therapy treatment addresses those needs;
17    and
18        (9) utilizing appropriate knowledge and skills to
19    inform practice, including use of research, reasoning, and
20    problem-solving skills to determine appropriate actions in
21    the context of each specific clinical setting.
22    "Secretary" means the Secretary of Financial and
23Professional Regulation or his or her designee.
24    Section 15. Address of record; email address of record.
25All applicants and licensees shall:



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1        (1) provide a valid address and email address to the
2    Department, which serves as the address of record and
3    email address of record, respectively, at the time of
4    application for licensure or renewal of a license; and
5        (2) inform the Department of any change of address of
6    record or email address of record within 14 days after
7    such change either through the Department's website or by
8    contacting the Department's licensure maintenance unit.
9    Section 20. Music Therapy Advisory Board. There is created
10within the Department a Music Therapy Advisory Board, which
11shall consist of 5 members. The Secretary shall appoint all
12members of the Advisory Board. The Advisory Board shall
13consist of persons familiar with the practice of music therapy
14to provide the Secretary with expertise and assistance in
15carrying out his or her duties pursuant to this Act. The
16Secretary shall appoint members of the Advisory Board to serve
17for terms of 4 years, and members may serve consecutive terms
18at the will of the Secretary. Any vacancy shall be filled in
19the same manner as a regular appointment. The Secretary shall
20appoint 3 members who practice as professional music
21therapists in this State, one member who is a licensed health
22care provider who is not a music therapist, and one member who
23is a consumer. Members shall serve without compensation.
24    The Secretary may terminate the appointment of any member
25for cause as determined by the Secretary.



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1    The Secretary may consider the recommendation of the
2Advisory Board on all matters and questions relating to this
4    Members of the Advisory Board shall be reimbursed for all
5legitimate, necessary, and authorized expenses.
6    Members of the Advisory Board shall have no liability in
7any action based upon a disciplinary proceeding or other
8activity performed in good faith as a member of the Advisory
10    Section 25. Music Therapy Advisory Board; powers and
12    (a) The Advisory Board shall meet at least once per year or
13as otherwise called by the Secretary.
14    (b) The Advisory Board shall advise the Department on all
15matters pertaining to the licensure for, education for,
16continuing education requirements for, and practice of music
17therapy in this State.
18    (c) The Advisory Board may make such recommendations as it
19deems advisable to the Secretary on any matters and questions
20relating to the Act and the profession and practice of music
22    (d) The Advisory Board shall annually elect one of its
23members as chairperson and one of its members as vice



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1    Section 30. Exemptions. Nothing in this Act may be
2construed to prohibit or restrict the practice, services, or
3activities of the following:
4        (1) A person licensed, certified, or regulated under
5    the laws of this State in another profession or
6    occupation, including physicians, psychologists,
7    psychoanalysts, registered nurses, marriage and family
8    therapists, social workers, occupational therapists,
9    professional or rehabilitation counselors,
10    speech-language pathologists or audiologists, or personnel
11    supervised by a licensed professional, performing work,
12    including the use of music, incidental to the practice of
13    that person's licensed, certified, or regulated profession
14    or occupation, if that person does not represent himself
15    or herself as a licensed music therapist.
16        (2) A person whose training and national certification
17    attests to the individual's preparation and ability to
18    practice his or her certified profession or occupation, if
19    that person does not represent himself or herself as a
20    music therapist.
21        (3) Any practice of music therapy as an integral part
22    of a program of study for students enrolled in an
23    accredited music therapy program, if the student does not
24    represent himself or herself as a music therapist.
25    Section 35. Collaboration. Before a licensed professional



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1music therapist provides music therapy services to a client
2for an identified clinical or developmental need, the licensee
3shall review the client's diagnosis, treatment needs, and
4treatment plan with the health care providers involved in the
5client's care. Before a licensed professional music therapist
6provides music therapy services to a student for an identified
7educational need in a special education setting, the licensee
8shall review with the individualized family service plan or
9individualized education program team the student's diagnosis,
10treatment needs, and treatment plan. During the provision of
11music therapy services to a client, the licensed professional
12music therapist shall collaborate, as applicable, with the
13client's treatment team, including the client's physician,
14psychologist, licensed clinical social worker, or other mental
15health professional. A licensed music therapist whose highest
16degree in music therapy is a baccalaureate degree shall not
17engage in the practice of psychotherapy unless supervised by a
18licensed music therapist with a master's degree in music
19therapy, a licensed clinical social worker, a licensed
20clinical psychologist, a licensed clinical professional
21counselor, a licensed marriage and family therapist, or a
22psychiatrist, as defined in Section 1-121 of the Mental Health
23and Developmental Disabilities Code. During the provision of
24music therapy services to a client with a communication
25disorder, the licensed professional music therapist shall
26collaborate and discuss the music therapy treatment plan with



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1the client's audiologist or speech-language pathologist so
2that a music therapist may work with the client and address
3communication skills.
4    When providing educational or health care services, a
5licensed professional music therapist may not replace the
6services provided by an audiologist or a speech-language
7pathologist. Unless authorized to practice speech-language
8pathology, music therapists may not evaluate, examine,
9instruct, or counsel on speech, language, communication, and
10swallowing disorders and conditions. An individual licensed as
11a professional music therapist may not represent to the public
12that the individual is authorized to treat a communication
13disorder. This does not prohibit an individual licensed as a
14professional music therapist from representing to the public
15that the individual may work with clients who have a
16communication disorder and address communication skills.
17    Section 40. Unlicensed practice; violation; civil penalty.
18    (a) Any person who practices, offers to practice, attempts
19to practice, or holds himself or herself out to practice as a
20music therapist without being licensed or exempt under this
21Act, as described in Section 30 of this Act, shall, in addition
22to any other penalty provided by law, pay a civil penalty to
23the Department in an amount not to exceed $10,000 for each
24offense, as determined by the Department. The civil penalty
25shall be assessed by the Department after a hearing is held in



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1accordance with the provisions set forth in this Act regarding
2the provision of a hearing for the discipline of a licensee.
3    (b) The Department may investigate any actual, alleged, or
4suspected unlicensed activity.
5    (c) The civil penalty shall be paid within 60 days after
6the effective date of the order imposing the civil penalty.
7The order shall constitute a final judgment and may be filed
8and execution had thereon in the same manner as any judgment
9from any court of record.
10    Section 45. Powers and duties of the Department. Subject
11to the provisions of this Act, the Department shall:
12        (1) adopt rules defining what constitutes a curriculum
13    for music therapy that is reputable and in good standing;
14        (2) adopt rules providing for the establishment of a
15    uniform and reasonable standard of instruction and
16    maintenance to be observed by all curricula for music
17    therapy that are approved by the Department and determine
18    the reputability and good standing of such curricula for
19    music therapy by reference to compliance with the rules,
20    provided that no school of music therapy that refuses
21    admittance to applicants solely on account of race, color,
22    creed, sex, or national origin shall be considered
23    reputable and in good standing;
24        (3) adopt and publish rules for a method of
25    examination of candidates for licensed professional music



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1    therapists and for issuance of licenses authorizing
2    candidates upon passing examination to practice as
3    licensed professional music therapists;
4        (4) review applications to ascertain the
5    qualifications of applicants for licenses;
6        (5) authorize examinations to ascertain the
7    qualifications of those applicants who require such
8    examinations as a component of a license;
9        (6) conduct hearings on proceedings to refuse to issue
10    or renew a license or to revoke, suspend, place on
11    probation, or reprimand licenses issued under this Act;
12    and
13        (7) adopt rules necessary for the administration of
14    this Act.
15    Section 50. Application for original license. Applications
16for original licenses shall be made to the Department on forms
17prescribed by the Department and accompanied by the required
18fee, which is not refundable. All applications shall contain
19such information that, in the judgment of the Department, will
20enable the Department to approve or disapprove of the
21qualifications of the applicant for a license to practice as a
22professional music therapist. If an applicant fails to obtain
23a license under this Act within 3 years after filing his or her
24application, the application shall be denied. The applicant
25may make a new application, which shall be accompanied by the



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1required nonrefundable fee. The applicant shall be required to
2meet the qualifications required for licensure at the time of
4    Section 55. Social Security Number on license application.
5In addition to any other information required to be contained
6in the application, every application for an original license
7under this Act shall include the applicant's Social Security
8Number, which shall be retained in the Department's records
9pertaining to the license. As soon as practical, the
10Department shall assign a customer's identification number to
11each applicant for a license. Every application for a renewal,
12reinstated, or restored license shall require the applicant's
13customer identification number.
14    Section 60. Qualifications for licensure.
15    (a) The Secretary shall issue a license to an applicant
16for a professional music therapist license if such applicant
17has completed and submitted an application form in such manner
18as the Secretary prescribes, accompanied by applicable fees,
19and evidence satisfactory to the Secretary that:
20        (1) the applicant has received a baccalaureate degree
21    or higher in music therapy, or its equivalent, as defined
22    by the Department;
23        (2) the applicant is at least 18 years of age;
24        (3) the applicant is in good standing based on a



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1    review of any music therapy licensure history the
2    applicant may have in other jurisdictions, including any
3    alleged misconduct or neglect in the practice of music
4    therapy; and
5        (4) the applicant provides proof of passing an exam
6    determined by the Department or provides proof that the
7    applicant holds a current music therapist credential as
8    determined by the Department.
9    Section 65. License renewal.
10    (a) Every license issued under this Act shall be renewed
11biennially. A license shall be renewed upon payment of a
12renewal fee, provided that the applicant is not in violation
13of any of the terms of this Act at the time of application for
14renewal. The following shall also be required for license
16        (1) Proof of completion of a minimum of 40 hours of
17    continuing education as established by rule.
18        (2) For those licensed professional music therapists
19    that have direct patient interactions with adult
20    populations age 26 or older, proof of completion of at
21    least one hour of training on the diagnosis, treatment,
22    and care of individuals with Alzheimer's disease and other
23    dementias per renewal period; this training shall include,
24    but not be limited to, assessment and diagnosis, effective
25    communication strategies, and management and care



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1    planning; this one-hour course counts toward meeting the
2    minimum credit hours required for continuing education.
3    (b) A licensee shall inform the Secretary of any changes
4to his or her address. Each licensee shall be responsible for
5timely renewal of his or her license.
6    Section 70. Inactive status. A person who notifies the
7Department in writing on forms prescribed by the Department
8may elect to place his or her license on inactive status and
9shall, subject to rule of the Department, be excused from
10payment of renewal fees until he or she notifies the
11Department, in writing, of his or her desire to resume active
12status. A person requesting restoration from inactive status
13shall be required to pay the current renewal fee and shall be
14required to restore his or her license. Practice by an
15individual whose license is on inactive status shall be
16considered to be the unlicensed practice of music therapy and
17shall be grounds for discipline under this Act.
18    Section 75. Fees; deposit of fees. The Department shall,
19by rule, establish a schedule of fees for the administration
20and enforcement of this Act. These fees shall be
21nonrefundable. All of the fees and fines collected under this
22Act shall be deposited into the General Professions Dedicated
23Fund. The moneys deposited into the General Professions
24Dedicated Fund shall be used by the Department, as



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



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1Department. The Department may establish a fee for the
2processing of an application for restoration of a license to
3pay all costs and expenses of processing of this application.
4The Secretary may waive the fines due under this Section in
5individual cases where the Secretary finds that the fines
6would be unnecessarily burdensome.
7    Section 85. Endorsement. The Department may issue a
8license as a professional music therapist, without
9administering the required examination, to an applicant
10licensed under the laws of another state, a U.S. territory, or
11another country if the requirements for licensure in that
12state, U.S. territory, or country are, on the date of
13licensure, substantially equal to the requirements of this Act
14or to a person who, at the time of his or her application for
15licensure, possesses individual qualifications that are
16substantially equivalent to the requirements of this Act. An
17applicant under this Section shall pay all of the required
18fees. An applicant shall have 3 years after the date of
19application to complete the application process. If the
20process has not been completed within the 3-year time period,
21the application shall be denied, the fee shall be forfeited,
22and the applicant shall be required to reapply and meet the
23requirements in effect at the time of reapplication.
24    Section 90. Privileged communications and exceptions.



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



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



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



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



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1    records filed with federal or State agencies or
2    departments.
3        (18) Willfully failing to report an instance of
4    suspected child abuse or neglect as required by the Abused
5    and Neglected Child Reporting Act.
6        (19) Being named as a perpetrator in an indicated
7    report by the Department of Children and Family Services
8    pursuant to the Abused and Neglected Child Reporting Act,
9    and upon proof by clear and convincing evidence that the
10    licensee has caused a child to be an abused child or
11    neglected child as defined in the Abused and Neglected
12    Child Reporting Act.
13        (20) Physical or mental disability, including
14    deterioration through the aging process or loss of
15    abilities and skills which results in the inability to
16    practice the profession with reasonable judgment, skill,
17    or safety.
18        (21) Solicitation of professional services by using
19    false or misleading advertising.
20        (22) Failure to file a return, or to pay the tax,
21    penalty of interest shown in a filed return, or to pay any
22    final assessment of tax, penalty or interest, as required
23    by any tax Act administered by the Illinois Department of
24    Revenue or any successor agency or the Internal Revenue
25    Service or any successor agency.
26        (23) Fraud or making any misrepresentation in applying



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1    for or procuring a license under this Act or in connection
2    with applying for renewal of a license under this Act.
3        (24) Practicing or attempting to practice under a name
4    other than the full name as shown on the license or any
5    other legally authorized name.
6        (25) Gross overcharging for professional services,
7    including filing statements for collection of fees or
8    moneys for which services are not rendered.
9        (26) Charging for professional services not rendered,
10    including filing false statements for the collection of
11    fees for which services are not rendered.
12        (27) Allowing one's license under this Act to be used
13    by an unlicensed person in violation of this Act.
14    (b) The determination by a court that a licensee is
15subject to involuntary admission or judicial admission as
16provided in the Mental Health and Developmental Disabilities
17Code will result in an automatic suspension of his or her
18license. The suspension will end upon a finding by a court that
19the licensee is no longer subject to involuntary admission or
20judicial admission, the issuance of an order so finding and
21discharging the patient, and the determination of the
22Secretary that the licensee be allowed to resume professional
24    (c) The Department may refuse to issue or renew or may
25suspend without hearing the license of any person who fails to
26file a return, to pay the tax penalty or interest shown in a



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1filed return, or to pay any final assessment of the tax,
2penalty, or interest as required by any Act regarding the
3payment of taxes administered by the Illinois Department of
4Revenue until the requirements of the Act are satisfied in
5accordance with subsection (g) of Section 2105-15 of the Civil
6Administrative Code of Illinois.
7    (d) In cases where the Department of Healthcare and Family
8Services has previously determined that a licensee or a
9potential licensee is more than 30 days delinquent in the
10payment of child support and has subsequently certified the
11delinquency to the Department, the Department may refuse to
12issue or renew or may revoke or suspend that person's license
13or may take other disciplinary action against that person
14based solely upon the certification of delinquency made by the
15Department of Healthcare and Family Services in accordance
16with item (5) of subsection (a) of Section 2105-15 of the
17Department of Professional Regulation Law of the Civil
18Administrative Code of Illinois.
19    (e) All fines or costs imposed under this Section shall be
20paid within 60 days after the effective date of the order
21imposing the fine or costs or in accordance with the terms set
22forth in the order imposing the fine.
23    Section 100. Suspension of license for failure to pay
24restitution. The Department, without further process or
25hearing, shall suspend the license or other authorization to



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1practice of any person issued under this Act who has been
2certified by court order as not having paid restitution to a
3person under Section 8A-3.5 of the Illinois Public Aid Code or
4under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or
5the Criminal Code of 2012. A person whose license or other
6authorization to practice is suspended under this Section is
7prohibited from practicing until the restitution is made in
9    Section 105. Violations; injunction; cease and desist
11    (a) If any person violates the provisions of this Act, the
12Secretary may, in the name of the People of the State of
13Illinois, through the Attorney General of the State of
14Illinois or the State's Attorney of any county in which the
15violation is alleged to have occurred, petition for an order
16enjoining the violation or for an order enforcing compliance
17with this Act. Upon the filing of a verified petition, the
18court with appropriate jurisdiction may issue a temporary
19restraining order without notice or bond, and may
20preliminarily and permanently enjoin the violation. If it is
21established that the person has violated or is violating the
22injunction, the court may punish the offender for contempt of
23court. Proceedings under this Section are in addition to all
24other remedies and penalties provided by this Act.
25    (b) Whenever, in the opinion of the Department, a person



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1violates any provision of this Act, the Department may issue a
2rule to show cause why an order to cease and desist should not
3be entered against that person. The rule shall clearly set
4forth the grounds relied upon by the Department and shall
5allow at least 7 days from the date of the rule to file an
6answer satisfactory to the Department. Failure to answer to
7the satisfaction of the Department shall cause an order to
8cease and desist to be issued.
9    Section 110. Investigations; notice and hearing. The
10Department may investigate the actions of any applicant or any
11person holding or claiming to hold a license or engaging in the
12practice of music therapy. The Department shall, before
13revoking, suspending, placing on probation, reprimanding, or
14taking any other disciplinary action under Section 95, at
15least 30 days before the date set for the hearing, (i) notify
16the accused, in writing, of any charges made and the time and
17place for the hearing on the charges, (ii) direct him or her to
18file a written answer to the charges with the Department under
19oath within 20 days after service of the notice, and (iii)
20inform the accused that, if he or she fails to answer, default
21will be taken against him or her or that his or her license or
22certificate may be suspended, revoked, placed on probationary
23status, or other disciplinary action taken with regard to the
24license, including limiting the scope, nature, or extent of
25his or her practice, as the Department may deem proper. In case



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1the person, after receiving notice, fails to file an answer,
2his or her license may, in the discretion of the Department, be
3suspended, revoked, placed on probationary status, or the
4Department may take whatever disciplinary action considered
5proper, including limiting the scope, nature, or extent of the
6person's practice or the imposition of a fine, without a
7hearing, if the act or acts charged constitute sufficient
8grounds for such action under this Act. The written notice may
9be served by personal delivery, mail, or email to the address
10of record or email address of record.
11    Section 115. Record of proceedings; transcript. The
12Department, at its expense, shall preserve a record of all
13proceedings at the formal hearing of any case.
14    Section 120. Subpoenas; depositions; oaths. The Department
15may subpoena and bring before it any person in this State and
16take the oral or written testimony or compel the production of
17any books, papers, records, or any other documents that the
18Secretary or his or her designee deems relevant or material to
19any investigation or hearing conducted by the Department with
20the same fees and mileage and in the same manner as prescribed
21in civil cases in the courts of this State. The Secretary, the
22shorthand court reporter, the designated hearing officer, and
23every member of the Advisory Board may administer oaths at any
24hearing which the Department conducts. Notwithstanding any



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1other statute or Department rule to the contrary, all requests
2for testimony and for the production of documents or records
3shall be in accordance with this Act.
4    Section 125. Compelling testimony. Any court, upon
5application of the Department, designated hearing officer, or
6the applicant or licensee against whom proceedings under
7Section 95 of this Act are pending, may order the attendance
8and testimony of witnesses and the production of relevant
9documents, papers, files, books, and records in connection
10with any hearing or investigation. The court may compel
11obedience to its order by proceedings for contempt.
12    Section 130. Findings and recommendations. At the
13conclusion of the hearing, the hearing officer or Advisory
14Board shall present to the Secretary a written report of its
15findings of fact, conclusions of law, and recommendations. The
16report shall contain a finding whether the licensee violated
17this Act or failed to comply with the conditions required in
18this Act. The hearing officer or Advisory Board shall specify
19the nature of the violation or failure to comply, and shall
20make its recommendations to the Secretary. The report of
21findings of fact, conclusions of law, and recommendation of
22the hearing officer or Advisory Board shall be the basis for
23the Department's order for refusing to issue, restore, or
24renew a license, or for otherwise disciplining a licensee. If



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1the Secretary disagrees with the recommendations of the
2hearing officer or Advisory Board, the Secretary may issue an
3order in contravention of the hearing officer's or Advisory
4Board's recommendations. The finding is not admissible in
5evidence against the person in a criminal prosecution brought
6for the violation of this Act, but the hearing and findings are
7not a bar to a criminal prosecution brought for the violation
8of this Act.
9    Section 135. Secretary; rehearing. Whenever the Secretary
10believes justice has not been done in the revocation,
11suspension, or refusal to issue or renew a license or the
12discipline of a licensee, he or she may order a rehearing.
13    Section 140. Appointment of a hearing officer. The
14Secretary has the authority to appoint any attorney licensed
15to practice law in the State of Illinois to serve as the
16hearing officer in any action for refusal to issue or renew a
17license or permit or to discipline a licensee. The hearing
18officer has full authority to conduct the hearing. The hearing
19officer shall report his findings of fact, conclusions of law,
20and recommendations to the Secretary.
21    Section 145. Order or certified copy; prima facie proof.
22An order or certified copy thereof, over the seal of the
23Department and purporting to be signed by the Secretary, is



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1prima facie proof that: (1) the signature is the genuine
2signature of the Secretary; and (2) the Secretary is duly
3appointed and qualified.
4    Section 150. Restoration of license from discipline. At
5any time after the successful completion of a term of
6indefinite probation, suspension, or revocation of a license,
7the Department may restore the license to active status,
8unless, after an investigation and a hearing, the Secretary
9determines that restoration is not in the public interest. No
10person whose license has been revoked as authorized in this
11Act may apply for restoration of that license until authorized
12to do so under the Civil Administrative Code of Illinois.
13    Section 155. Surrender of license. Upon the revocation or
14suspension of a license, the licensee shall immediately
15surrender his or her license to the Department. If the
16licensee fails to do so, the Department has the right to seize
17the license.
18    Section 160. Summary suspension of license. The Secretary
19may summarily suspend the license of a music therapist without
20a hearing, simultaneously with the institution of proceedings
21for a hearing provided for in Section 110 of this Act, if the
22Secretary finds that the evidence indicates that the
23continuation of practice by the professional music therapist



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1would constitute an imminent danger to the public. If the
2Secretary summarily suspends the license of an individual
3without a hearing, a hearing must be held within 30 days after
4the suspension has occurred and shall be concluded as
5expeditiously as possible.
6    Section 165. Administrative review; venue.
7    (a) All final administrative decisions of the Department
8are subject to judicial review pursuant to the Administrative
9Review Law and its rules. "Administrative decision" has the
10meaning given to that term in Section 3-101 of the Code of
11Civil Procedure.
12    (b) Proceedings for judicial review shall be commenced in
13the circuit court of the county in which the party applying for
14review resides, but if the party is not a resident of Illinois,
15the venue shall be in Sangamon County.
16    Section 170. Certification of record; costs. The
17Department shall not be required to certify any record to the
18court, to file an answer in court, or to otherwise appear in
19any court in a judicial review proceeding, unless and until
20the Department has received from the plaintiff payment of the
21costs of furnishing and certifying the record, which costs
22shall be determined by the Department. Failure on the part of
23the plaintiff to file the receipt in court is grounds for
24dismissal of the action.



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1    Section 175. Violations. Unless otherwise specified, any
2person found to have violated any provision of this Act is
3guilty of a Class A misdemeanor.
4    Section 180. Illinois Administrative Procedure Act;
5application. The Illinois Administrative Procedure Act is
6hereby expressly adopted and incorporated in this Act as if
7all of the provisions of such Act were included in this Act,
8except that the provision of paragraph (d) of Section 10-65 of
9the Illinois Administrative Procedure Act, which provides that
10at hearings the license holder has the right to show
11compliance with all lawful requirements for retention,
12continuation, or renewal of the certificate, is specifically
13excluded. For the purpose of this Act the notice required
14under Section 10-25 of the Illinois Administrative Procedure
15Act is deemed sufficient when mailed to the last known address
16of a party or the address of record.
17    Section 185. Home rule. The regulation and licensing of
18professional music therapists are exclusive powers and
19functions of the State. A home rule unit may not regulate or
20license professional music therapists. This Section is a
21denial and limitation of home rule powers and functions under
22subsection (h) of Section 6 of Article VII of the Illinois



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1    Section 190. Confidentiality. All information collected by
2the Department in the course of an examination or
3investigation of a licensee or applicant, including, but not
4limited to, any complaint against a licensee filed with the
5Department and information collected to investigate any such
6complaint, shall be maintained for the confidential use of the
7Department and shall not be disclosed. The Department shall
8not disclose the information to anyone other than law
9enforcement officials, regulatory agencies that have an
10appropriate regulatory interest as determined by the
11Secretary, or a party presenting a lawful subpoena to the
12Department. Information and documents disclosed to a federal,
13State, county, or local law enforcement agency shall not be
14disclosed by the agency for any purpose to any other agency or
15person. A formal complaint filed against a licensee or
16registrant by the Department or any other complaint issued by
17the Department against a licensee, registrant, or applicant
18shall be a public record, except as otherwise prohibited by
20    Section 195. Conflict with Act. In the case of a conflict
21between this Act and any other law or part of law, this Act
23    Section 999. Effective date. This Act takes effect upon



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1becoming law.".