Bill Text: IL SB1198 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: 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.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Failed) 2021-01-13 - Session Sine Die [SB1198 Detail]

Download: Illinois-2019-SB1198-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB1198 Introduced 2/6/2019, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED:
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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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY FISCAL NOTE ACT MAY APPLY HOME RULE NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Music
Therapy Licensing and Practice Act.
Section 5. Declaration of public policy. The practice of
professional music therapy is hereby declared to affect the
public health, safety, and welfare and to be subject to
regulation in the public interest. The purpose of the Act is to
ensure the highest degree of professional conduct on the part
of music therapists, to guarantee the availability of music
therapy services provided by a qualified professional to
persons in need of those services, and to protect the public
from the practice of music therapy by unqualified individuals.
Section 10. Definitions. For purposes of this Act, the
following definitions shall have the following meanings,
except where the context requires otherwise:
"Address of record" means the designated address recorded
by the Department in the applicant's or licensee's application
file or license file as maintained by the Department's
licensure maintenance unit. It is the duty of the applicant or
licensee to inform the Department of any change of address, and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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(20) Physical or mental disability, including
deterioration through the aging process or loss of
abilities and skills which results in the inability to
practice the profession with reasonable judgment, skill,
or safety.
(21) Solicitation of professional services by using
false or misleading advertising.
(22) Failure to file a return, or to pay the tax,
penalty of interest shown in a filed return, or to pay any
final assessment of tax, penalty or interest, as required
by any tax Act administered by the Illinois Department of
Revenue or any successor agency or the Internal Revenue
Service or any successor agency.
(23) Fraud or making any misrepresentation in applying
for or procuring a license under this Act or in connection
with applying for renewal of a license under this Act.
(24) Practicing or attempting to practice under a name
other than the full name as shown on the license or any
other legally authorized name.
(25) Gross overcharging for professional services,
including filing statements for collection of fees or
monies for which services are not rendered.
(26) Charging for professional services not rendered,
including filing false statements for the collection of
fees for which services are not rendered.
(27) Allowing one's license under this Act to be used

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

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

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prohibited from practicing until the restitution is made in
full.
Section 100. Violations; injunction; cease and desist
order.
(a) If any person violates the provisions of this Act, the
Secretary may, in the name of the People of the State of
Illinois, through the Attorney General of the State of Illinois
or the State's Attorney of any county in which the violation is
alleged to have occurred, petition for an order enjoining the
violation or for an order enforcing compliance with this Act.
Upon the filing of a verified petition, the court with
appropriate jurisdiction may issue a temporary restraining
order without notice or bond, and may preliminarily and
permanently enjoin the violation. If it is established that the
person has violated or is violating the injunction, the court
may punish the offender for contempt of court. Proceedings
under this Section are in addition to all other remedies and
penalties provided by this Act.
(b) If any person holds himself or herself out as being a
licensed music therapist under this Act and is not licensed to
do so, then any licensed music therapist, interested party, or
any person injured thereby may petition for relief as provided
in subsection (a) of this Section.
(c) Whenever, in the opinion of the Department, a person
violates any provision of this Act, the Department may issue a

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

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

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this Act.
Section 120. Compelling testimony. Any court, upon
application of the Department, designated hearing officer, or
the applicant or licensee against whom proceedings under
Section 90 of this Act are pending, may order the attendance
and testimony of witnesses and the production of relevant
documents, papers, files, books, and records in connection with
any hearing or investigation. The court may compel obedience to
its order by proceedings for contempt.
Section 125. Findings and recommendations. At the
conclusion of the hearing, the hearing officer shall present to
the Secretary a written report of its findings of fact,
conclusions of law, and recommendations. The report shall
contain a finding whether the licensee violated this Act or
failed to comply with the conditions required in this Act. The
hearing officer shall specify the nature of the violation or
failure to comply, and shall make its recommendations to the
Secretary. The report of findings of fact, conclusions of law,
and recommendation of the hearing officer shall be the basis
for the Department's order for refusing to issue, restore, or
renew a license, or for otherwise disciplining a licensee. If
the Secretary disagrees with the recommendations of the hearing
officer, the Secretary may issue an order in contravention of
the hearing officer's recommendations. The finding is not

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

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

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

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

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