(a) The Department may refuse to issue, renew, or may revoke, suspend, place on probation, reprimand, or take other disciplinary or nondisciplinary action as the Department deems appropriate, including the issuance of fines not to exceed $10,000 for each violation, with regard to any license 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 of its 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 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 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 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 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.
        (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) 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.
        (23) Practicing or attempting to practice under a
    
name other than the full name as shown on the license or any other legally authorized name.
        (24) Gross overcharging for professional services,
    
including filing statements for collection of fees or moneys for which services are not rendered.
        (25) Charging for professional services not rendered,
    
including filing false statements for the collection of fees for which services are not rendered.
        (26) Allowing one’s license under this Act to be
    
used by an unlicensed person in violation of this Act.
    (b) 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 shall result in an automatic suspension of the licensee’s 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.

Terms Used In Illinois Compiled Statutes 225 ILCS 56/95

  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fraud: Intentional deception resulting in injury to another.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
  • United States: may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
  • Verdict: The decision of a petit jury or a judge.

     (c) 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 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.
     (d) 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 paragraph (5) of subsection (a) of Section 2105-15 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois.
     (e) 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.
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