SB 2243

Abstract

Creates the Music Therapy Licensing and Practice Act. Provides for licensure of professional music therapists and clinical music therapists by the Department of Financial and Professional Regulation. 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 licensees. 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 professional music therapist and clinical music therapist. 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. Senate Committee Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: Removes all references to licensed clinical music therapists. Changes references to the "Music Therapy Advisory Committee" and "Advisory Committee" to "Music Therapy Advisory Board" and "Advisory Board". Changes the definition of "music therapy". Adds provisions concerning applicants' and licensees' addresses of record and email addresses of record. Makes changes concerning composition and powers and duties of the Music Therapy Advisory Board. Makes changes in provisions concerning exemptions from the Act, collaboration with audiologists and speech-language pathologists, the practice of psychotherapy by licensed music therapists, the powers and duties of the Department of Financial and Professional Regulation, qualifications for licensure, license renewal, grounds for discipline, violations, investigations, hearings, and findings. Removes provisions concerning restrictions and limitations. Makes other changes. Effective immediately. Senate Floor Amendment No. 3 Replaces everything after the enacting clause. Reinserts the provisions of Senate Amendment No. 2 with the following changes. Provides that "music therapy intervention" as defined occurs during a therapist-client relationship and includes collaborating with and educating the client and the family, caregiver of the client, or any other appropriate person regarding the needs of the client that are being addressed in music therapy and the manner in which the music therapy treatment addresses those needs in compliance with state and federal law. Provides that the Music Therapy Advisory Board shall advise the Department of Financial and Professional Regulation on all matters pertaining to disciplinary actions for practice of music therapy in the State. Removes a provision that provides that nothing in the Act may be construed to prohibit the practice of a person whose training and national certification attests to the individual's preparation and ability to practice the individual's certified profession or occupation. Provides that the Secretary of Financial and Professional Regulation shall issue a license to an applicant for a professional music therapist license if the applicant is of good moral character. Provides that in determining moral character under the provisions of qualifications for licensure, the Department may take into consideration whether the applicant has engaged in conduct which would constitute grounds for discipline under the Act. Removes as a ground for discipline the failure to file a return, or to pay the tax, penalty, or interest shown in a filed return, or to pay any final assessment of tax, penalty, or interest, as required by a tax Act administered by the Department of Revenue. Adds that whenever the Secretary believes substantial justice (rather than only justice) has not been done in the revocation, suspension, or refusal to issue or renew a license or the discipline of a licensee, the Secretary may order a rehearing. Removes provisions concerning: the suspension of a license for failure to pay restitution; the surrender of a license; and any conflict with the Act and any other law. Makes other and conforming changes. House Floor Amendment No. 1 Adds reference to: 5 ILCS 80/4.38 Repeals the Music Therapy Licensing and Practice Act on January 1, 2028.