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


Sen. Laura M. Murphy

Filed: 2/17/2022





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



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



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



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



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



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1    The Secretary may terminate the appointment of any member
2for cause as determined by the Secretary.
3    The Secretary may consider the recommendation of the
4Advisory Board on all matters and questions relating to this
6    Members of the Advisory Board shall be reimbursed for all
7legitimate, necessary, and authorized expenses.
8    Members of the Advisory Board shall have no liability in
9any action based upon a disciplinary proceeding or other
10activity performed in good faith as a member of the Advisory
12    Section 25. Music Therapy Advisory Board; powers and
14    (a) The Advisory Board shall meet at least once per year or
15as otherwise called by the Secretary.
16    (b) The Advisory Board shall advise the Department on all
17matters pertaining to the licensure for, disciplinary actions
18for, education for, continuing education requirements for, and
19practice of music therapy in this State.
20    (c) The Advisory Board may make recommendations as it
21deems advisable to the Secretary on any matters and questions
22relating to this Act and the profession and practice of music
24    (d) The Advisory Board shall annually elect one of its
25members as chairperson and one of its members as vice



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2    Section 30. Exemptions. Nothing in this Act may be
3construed to prohibit or restrict the practice, services, or
4activities of the following:
5        (1) A person licensed, certified, or regulated under
6    the laws of this State in another profession or
7    occupation, including physicians, psychologists,
8    registered nurses, marriage and family therapists, social
9    workers, occupational therapists, professional
10    counselors, speech-language pathologists or audiologists,
11    or personnel supervised by a licensed professional,
12    performing work, including the use of music, incidental to
13    the practice of that person's licensed, certified, or
14    regulated profession or occupation, if the person does not
15    represent the person as a licensed music therapist.
16        (2) Any practice of music therapy as an integral part
17    of a program of study for students enrolled in an
18    accredited music therapy program, if the student does not
19    represent the student as a music therapist.
20    Section 35. Collaboration. Before a licensed professional
21music therapist provides music therapy services to a client
22for an identified clinical or developmental need, the licensee
23shall review the client's diagnosis, treatment needs, and
24treatment plan with the health care providers involved in the



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



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



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



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



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



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



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



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1    Section 80. Checks or orders dishonored. Any person who
2issues or delivers a check or other order to the Department
3that is returned to the Department unpaid by the financial
4institution upon which it is drawn shall pay to the
5Department, in addition to the amount already owed to the
6Department, a fine of $50. The fines imposed by this Section
7are in addition to any other discipline provided under this
8Act prohibiting unlicensed practice or practice on a
9nonrenewed license. The Department shall notify the person
10that payment of fees and fines shall be paid to the Department
11by certified check or money order within 30 calendar days
12after notification. If, after the expiration of 30 days from
13the date of the notification, the person has failed to submit
14the necessary remittance, the Department shall automatically
15terminate the license or certification or deny the
16application, without hearing. If, after termination or denial,
17the person seeks a license or certificate, the person shall
18apply to the Department for restoration or issuance of the
19license or certificate and pay all fees and fines due to the
20Department. The Department may establish a fee for the
21processing of an application for restoration of a license to
22pay all costs and expenses of processing of the application.
23The Secretary may waive the fines due under this Section in
24individual cases where the Secretary finds that the fines
25would be unnecessarily burdensome.



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1    Section 85. Endorsement. The Department may issue a
2license as a professional music therapist, without
3administering the required examination, to an applicant
4licensed under the laws of another state, a U.S. territory, or
5another country if the requirements for licensure in that
6state, U.S. territory, or country are, on the date of
7licensure, substantially equal to the requirements of this Act
8or to a person who, at the time of the person's application for
9licensure, possesses individual qualifications that are
10substantially equivalent to the requirements of this Act. An
11applicant under this Section shall pay all of the required
12fees. An applicant shall have 3 years after the date of
13application to complete the application process. If the
14process has not been completed within the 3-year time period,
15the application shall be denied, the fee shall be forfeited,
16and the applicant shall be required to reapply and meet the
17requirements in effect at the time of reapplication.
18    Section 90. Privileged communications and exceptions.
19    (a) No licensed professional music therapist shall
20disclose any information acquired from persons consulting the
21therapist in a professional capacity, except that which may be
22voluntarily disclosed under any of the following
24        (1) In the course of formally reporting, conferring,



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1    or consulting with administrative superiors, colleagues,
2    or consultants who share professional responsibility, in
3    which instance all recipients of the information are
4    similarly bound to regard the communication as privileged.
5        (2) With the written consent of the person who
6    provided the information and about whom the information
7    concerns.
8        (3) In the case of death or disability, with the
9    written consent of a personal representative.
10        (4) When a communication reveals the intended
11    commission of a crime or harmful act and the disclosure is
12    judged necessary in the professional judgment of the
13    licensed professional music therapist to protect any
14    person from a clear risk of serious mental or physical
15    harm or injury or to forestall a serious threat to the
16    public safety.
17        (5) When the person waives the privilege by bringing
18    any public charges or filing a lawsuit against the
19    licensee.
20    (b) Any person having access to records or anyone who
21participates in providing music therapy services, or in
22providing any human services, or is supervised by a licensed
23professional music therapist is similarly bound to regard all
24information and communications as privileged in accord with
25this Section.



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



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1    any provision of this Act or any of its rules.
2        (7) Failing to provide information within 60 days in
3    response to a written request made by the Department.
4        (8) Engaging in dishonorable, unethical, or
5    unprofessional conduct of a character likely to deceive,
6    defraud, or harm the public and violating the rules of
7    professional conduct adopted by the Department.
8        (9) Failing to maintain the confidentiality of any
9    information received from a client, unless otherwise
10    authorized or required by law.
11        (10) Failure to maintain client records of services
12    provided and provide copies to clients upon request.
13        (11) Exploiting a client for personal advantage,
14    profit, or interest.
15        (12) Habitual or excessive use or addiction to
16    alcohol, narcotics, stimulants, or any other chemical
17    agent or drug which results in inability to practice with
18    reasonable skill, judgment, or safety.
19        (13) Discipline by another governmental agency or unit
20    of government, by any jurisdiction of the United States,
21    or by a foreign nation, if at least one of the grounds for
22    the discipline is the same or substantially equivalent to
23    those set forth in this Section.
24        (14) Directly or indirectly giving to or receiving
25    from any person, firm, corporation, partnership, or
26    association any fee, commission, rebate, or other form of



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1    compensation for any professional service not actually
2    rendered. Nothing in this paragraph affects any bona fide
3    independent contractor or employment arrangements among
4    health care professionals, health facilities, health care
5    providers, or other entities, except as otherwise
6    prohibited by law. Any employment arrangements may include
7    provisions for compensation, health insurance, pension, or
8    other employment benefits for the provision of services
9    within the scope of the licensee's practice under this
10    Act. Nothing in this paragraph shall be construed to
11    require an employment arrangement to receive professional
12    fees for services rendered.
13        (15) A finding by the Department that the licensee,
14    after having the license placed on probationary status,
15    has violated the terms of probation.
16        (16) Failing to refer a client to other health care
17    professionals when the licensee is unable or unwilling to
18    adequately support or serve the client.
19        (17) Willfully filing false reports relating to a
20    licensee's practice, including, but not limited to, false
21    records filed with federal or State agencies or
22    departments.
23        (18) Willfully failing to report an instance of
24    suspected child abuse or neglect as required by the Abused
25    and Neglected Child Reporting Act.
26        (19) Being named as a perpetrator in an indicated



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1    report by the Department of Children and Family Services
2    pursuant to the Abused and Neglected Child Reporting Act,
3    and upon proof by clear and convincing evidence that the
4    licensee has caused a child to be an abused child or
5    neglected child as defined in the Abused and Neglected
6    Child Reporting Act.
7        (20) Physical or mental disability, including
8    deterioration through the aging process or loss of
9    abilities and skills which results in the inability to
10    practice the profession with reasonable judgment, skill,
11    or safety.
12        (21) Solicitation of professional services by using
13    false or misleading advertising.
14        (22) Fraud or making any misrepresentation in applying
15    for or procuring a license under this Act or in connection
16    with applying for renewal of a license under this Act.
17        (23) Practicing or attempting to practice under a name
18    other than the full name as shown on the license or any
19    other legally authorized name.
20        (24) Gross overcharging for professional services,
21    including filing statements for collection of fees or
22    moneys for which services are not rendered.
23        (25) Charging for professional services not rendered,
24    including filing false statements for the collection of
25    fees for which services are not rendered.
26        (26) Allowing one's license under this Act to be used



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1    by an unlicensed person in violation of this Act.
2    (b) The determination by a court that a licensee is
3subject to involuntary admission or judicial admission as
4provided in the Mental Health and Developmental Disabilities
5Code shall result in an automatic suspension of the licensee's
6license. The suspension will end upon a finding by a court that
7the licensee is no longer subject to involuntary admission or
8judicial admission, the issuance of an order so finding and
9discharging the patient, and the determination of the
10Secretary that the licensee be allowed to resume professional
12    (c) The Department may refuse to issue or renew or may
13suspend without hearing the license of any person who fails to
14file a return, to pay the tax penalty or interest shown in a
15filed return, or to pay any final assessment of the tax,
16penalty, or interest as required by any Act regarding the
17payment of taxes administered by the Department of Revenue
18until the requirements of the Act are satisfied in accordance
19with subsection (g) of Section 2105-15 of the Civil
20Administrative Code of Illinois.
21    (d) In cases where the Department of Healthcare and Family
22Services has previously determined that a licensee or a
23potential licensee is more than 30 days delinquent in the
24payment of child support and has subsequently certified the
25delinquency to the Department, the Department may refuse to
26issue or renew or may revoke or suspend that person's license



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1or may take other disciplinary action against that person
2based solely upon the certification of delinquency made by the
3Department of Healthcare and Family Services in accordance
4with paragraph (5) of subsection (a) of Section 2105-15 of the
5Department of Professional Regulation Law of the Civil
6Administrative Code of Illinois.
7    (e) All fines or costs imposed under this Section shall be
8paid within 60 days after the effective date of the order
9imposing the fine or costs or in accordance with the terms set
10forth in the order imposing the fine.
11    Section 100. Violations; injunction; cease and desist
13    (a) If any person violates the provisions of this Act, the
14Secretary may, in the name of the People of the State of
15Illinois, through the Attorney General or the State's Attorney
16of any county in which the violation is alleged to have
17occurred, petition for an order enjoining the violation or for
18an order enforcing compliance with this Act. Upon the filing
19of a verified petition, the court with appropriate
20jurisdiction may issue a temporary restraining order without
21notice or bond, and may preliminarily and permanently enjoin
22the violation. If it is established that the person has
23violated or is violating the injunction, the court may punish
24the offender for contempt of court. Proceedings under this
25Section are in addition to all other remedies and penalties



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1provided by this Act.
2    (b) Whenever, in the opinion of the Department, a person
3violates any provision of this Act, the Department may issue a
4rule to show cause why an order to cease and desist should not
5be entered against that person. The rule shall clearly set
6forth the grounds relied upon by the Department and shall
7allow at least 7 days from the date of the rule to file an
8answer satisfactory to the Department. Failure to answer to
9the satisfaction of the Department shall cause an order to
10cease and desist to be issued.
11    Section 105. Investigations; notice and hearing. The
12Department may investigate the actions of any applicant or any
13person holding or claiming to hold a license or engaging in the
14practice of music therapy. The Department shall, before
15revoking, suspending, placing on probation, reprimanding, or
16taking any other disciplinary action under Section 95, at
17least 30 days before the date set for the hearing, (i) notify
18the accused, in writing, of any charges made and the time and
19place for the hearing on the charges, (ii) direct the accused
20to file a written answer to the charges with the Department
21under oath within 20 days after service of the notice, and
22(iii) inform the accused that, if the accused fails to answer,
23default will be taken against the accused or that the
24accused's license or certificate may be suspended, revoked,
25placed on probationary status, or other disciplinary action



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1taken with regard to the license, including limiting the
2scope, nature, or extent of the accused's practice, as the
3Department may deem proper. In case the person, after
4receiving notice, fails to file an answer, the accused's
5license may, in the discretion of the Department, be
6suspended, revoked, placed on probationary status, or the
7Department may take whatever disciplinary action considered
8proper, including limiting the scope, nature, or extent of the
9person's practice or the imposition of a fine, without a
10hearing, if the act or acts charged constitute sufficient
11grounds for such action under this Act. The written notice may
12be served by personal delivery, mail, or email to the address
13of record or email address of record.
14    Section 110. Record of proceedings; transcript. The
15Department, at its expense, shall preserve a record of all
16proceedings at the formal hearing of any case except as
17otherwise provided by statute or rule.
18    Section 115. Subpoenas; depositions; oaths. The Department
19may subpoena and bring before it any person in this State and
20take the oral or written testimony or compel the production of
21any books, papers, records, or any other documents that the
22Secretary or the Secretary's designee deems relevant or
23material to any investigation or hearing conducted by the
24Department with the same fees and mileage and in the same



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1manner as prescribed in civil cases in the courts of this
2State. The Secretary, the shorthand court reporter, the
3designated hearing officer, and every member of the Advisory
4Board may administer oaths at any hearing which the Department
5conducts. Notwithstanding any other statute or Department rule
6to the contrary, all requests for testimony and for the
7production of documents or records shall be in accordance with
8this Act.
9    Section 120. Compelling testimony. Any court, upon
10application of the Department, designated hearing officer, or
11the applicant or licensee against whom proceedings under
12Section 95 are pending, may order the attendance and testimony
13of witnesses and the production of relevant documents, papers,
14files, books, and records in connection with any hearing or
15investigation. The court may compel obedience to its order by
16proceedings for contempt.
17    Section 125. Findings and recommendations. At the
18conclusion of the hearing, the hearing officer or Advisory
19Board shall present to the Secretary a written report of its
20findings of fact, conclusions of law, and recommendations. The
21report shall contain a finding whether the licensee violated
22this Act or failed to comply with the conditions required in
23this Act. The hearing officer or Advisory Board shall specify
24the nature of the violation or failure to comply, and shall



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1make its recommendations to the Secretary. The report of
2findings of fact, conclusions of law, and recommendation of
3the hearing officer or Advisory Board shall be the basis for
4the Department's order for refusing to issue, restore, or
5renew a license, or for otherwise disciplining a licensee. If
6the Secretary disagrees with the recommendations of the
7hearing officer or Advisory Board, the Secretary may issue an
8order in contravention of the hearing officer's or Advisory
9Board's recommendations. The finding is not admissible in
10evidence against the person in a criminal prosecution brought
11for the violation of this Act, but the hearing and findings are
12not a bar to a criminal prosecution brought for the violation
13of this Act.
14    Section 130. Secretary; rehearing. Whenever the Secretary
15believes substantial justice has not been done in the
16revocation, suspension, or refusal to issue or renew a license
17or the discipline of a licensee, the Secretary may order a
19    Section 135. Appointment of a hearing officer. The
20Secretary has the authority to appoint any attorney licensed
21to practice law in the State to serve as the hearing officer in
22any action for refusal to issue or renew a license or permit or
23to discipline a licensee. The hearing officer has full
24authority to conduct the hearing. The hearing officer shall



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1report the hearing officer's findings of fact, conclusions of
2law, and recommendations to the Secretary.
3    Section 140. Order or certified copy; prima facie proof.
4An order or certified copy thereof, over the seal of the
5Department and purporting to be signed by the Secretary, is
6prima facie proof that: (1) the signature is the genuine
7signature of the Secretary; and (2) the Secretary is duly
8appointed and qualified.
9    Section 145. Restoration of license from discipline. At
10any time after the successful completion of a term of
11indefinite probation, suspension, or revocation of a license,
12the Department may restore the license to active status,
13unless, after an investigation and a hearing, the Secretary
14determines that restoration is not in the public interest. No
15person whose license has been revoked as authorized in this
16Act may apply for restoration of that license until authorized
17to do so under the Civil Administrative Code of Illinois.
18    Section 150. 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 105, if the Secretary
22finds that the evidence indicates that the continuation of
23practice by the professional music therapist would constitute



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1an imminent danger to the public. If the Secretary summarily
2suspends the license of an individual without a hearing, a
3hearing must be held within 30 days after the suspension has
4occurred and shall be concluded as expeditiously as possible.
5    Section 155. Administrative review; venue.
6    (a) All final administrative decisions of the Department
7are subject to judicial review pursuant to the Administrative
8Review Law and its rules. As used in this Section,
9"administrative decision" has the same meaning as used in
10Section 3-101 of the Code of Civil Procedure.
11    (b) Proceedings for judicial review shall be commenced in
12the circuit court of the county in which the party applying for
13review resides, but if the party is not a resident of this
14State, the venue shall be in Sangamon County.
15    Section 160. Certification of record; costs. The
16Department shall not be required to certify any record to the
17court, to file an answer in court, or to otherwise appear in
18any court in a judicial review proceeding, unless and until
19the Department has received from the plaintiff payment of the
20costs of furnishing and certifying the record, which costs
21shall be determined by the Department. Failure on the part of
22the plaintiff to file the receipt in court is grounds for
23dismissal of the action.



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1    Section 165. Violations. Unless otherwise specified, any
2person found to have violated any provision of this Act is
3guilty of a Class A misdemeanor.
4    Section 170. 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 that Act were included in this Act,
8except subsection (d) of Section 10-65 of the Illinois
9Administrative Procedure Act, which provides that at hearings
10the license holder has the right to show compliance with all
11lawful requirements for retention, continuation, or renewal of
12the certificate, is specifically excluded. For the purpose of
13this Act, the notice required under Section 10-25 of the
14Illinois Administrative Procedure Act is deemed sufficient
15when mailed to the last known address of a party or the address
16of record.
17    Section 175. 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 180. 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
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 999. Effective date. This Act takes effect upon
21becoming law.".