Rep. Theresa Mah

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.

Amends the Criminal Identification Act. Provides that notwithstanding a positive test for the presence of cannabis within the petitioner's body from a drug test taken within 30 days before the filing of the petition for expungement or sealing or the failure of the petitioner to take such test, the petitioner may petition for the sealing or expungement of his or her felony records for a violation of the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or the Cannabis Control Act or felony records of a qualified probation for a felony drug offense. Defines "cannabis" and "felony drug offense". House Floor Amendment No. 1 Replaces everything after the enacting clause. Amends the Criminal Identification Act. Provides that, notwithstanding any other provision of law, the court shall not deny a petition for expungement or sealing because the petitioner has submitted a drug test taken within 30 days before the filing of the petition for expungement or sealing that indicates a positive test for the presence of cannabis within the petitioner's body. Defines "cannabis".

Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that in order to maximize the accessibility of preventive prenatal and perinatal health care services, the Department of Healthcare and Family Services shall amend its managed care contracts such that an managed care organization must pay for preventive prenatal and perinatal healthcare services rendered by a non-affiliated provider, for which the health plan would pay if rendered by an affiliated provider, at the same rate the Department would pay for such services exclusive of disproportionate share payments and Medicaid percentage adjustments, unless a different rate was agreed upon by the health plan and the non-affiliated provider. Effective January 1, 2023. House Committee Amendment No. 2 Adds reference to: 210 ILCS 170/5 210 ILCS 170/25 Replaces everything after the enacting clause. Reinserts the provisions of the bill as amended by Senate Amendment No. 1 with the following changes. Amends the Birth Center Licensing Act. Provides that a licensed certified professional midwife may attend or be delegated to attend to each person in labor from the time of admission through birth and throughout the immediate postpartum period. Defines "licensed certified professional midwife". Makes a conforming change. Effective January 1, 2023. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes: Further amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that a managed care organization must pay for preventative prenatal services, perinatal healthcare services, and postpartum services rendered by a non-affiliated provider, for which the health plan would pay if rendered by an affiliated provider, at the rate paid (rather than at no less than the rate paid) under the Illinois Medicaid fee-for-service program methodology for such services. Provides that, in cases where a managed care organization must pay for preventive prenatal services, perinatal healthcare services, and postpartum services rendered by a non-affiliated provider, the payment rate requirements under the amendatory Act shall not apply if the services were not emergency services, as defined in a specified provision of the Code, and: (1) the non-affiliated provider is a perinatal hospital and has, within the 12 months preceding the date of service, rejected a contract that was offered in good faith by the health plan as determined by the Department of Healthcare and Family Services; or (2) the health plan has terminated a contract with the non-affiliated provider for cause, and the Department has not deemed the termination to have been without merit. Provides that the Department may deem that a determination for cause has merit if: (i) an institutional provider has repeatedly failed to conduct discharge planning; or (ii) the provider's conduct adversely and substantially impacts the health of Medicaid patients; or (iii) the provider's conduct constitutes fraud, waste, or abuse; or (iv) the provider's conduct violates the code of ethics governing his or her profession. Effective January 1, 2023.

Creates the Legislative Accessibility Act. Provides that the General Assembly shall make all efforts to increase the accessibility of the General Assembly for people with disabilities. Provides that the Speaker of the House of Representatives and the President of the Senate shall each appoint an accessibility coordinator who, in consultation with the Architect of the Capitol, shall be responsible for addressing accessibility needs for his or her corresponding house. Provides that the Illinois General Assembly website shall include either an email address, webform, or other similar mechanism to request reasonable accommodations to meet the accessibility needs of people with disabilities attending legislative events. Establishes the General Assembly Accessibility Task Force. Provides for the membership and meetings of the Task Force. Provides that members and ex officio members of the Task Force shall serve without compensation. Provides administrative support for the Task Force. Provides that the Task Force shall examine issues concerning accessibility of persons with a disability. Requires the Task Force to make recommendations to the General Assembly concerning General Assembly accessibility no later than December 31, 2021. Repeals specified provisions January 1, 2023. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes. Removes provision requiring the General Assembly Accessibility Task Force to be convened by the Department of Central Management Services in coordination with the Secretary of State. Modifies the appointment of members to the Task Force. Provides that the President of the Senate, Speaker of the House of Representatives, Minority Leader of the Senate, and Minority Leader of the House of Representatives shall each appoint 2 members to the Task Force (rather than the Governor appointing 15 members). Provides for the appointment of the Task Force chair. Provides that appointees shall include persons who self-identify as having a disability or advocates for such persons. Provides for specified State officials to serve on the Task Force as ex officio members. Provides that the Architect of the Capitol (rather than the Department of Central Management Services) shall provide administrative and other support to the Task Force. Requires the Task Force to issue its recommendations to the General Assembly no later than December 31, 2023 (rather than December 31, 2021). Repeals the Task Force on January 1, 2025 (rather than January 1, 2023). Makes other changes. Effective immediately. House Floor Amendment No. 1 Further amends the Legislative Accessibility Act. Provides that the Illinois General Assembly website shall include an email address, web form, or other similar mechanism to meet the accessibility needs of persons attending legislative meetings, hearings, floor proceedings, and press conferences at the Capitol Complex (rather than persons attending legislative events, including, but not limited to, all hearings and floor proceedings). Makes a technical change.

Amends the Homelessness Prevention Act. Provides that the Department of Human Services shall be mindful of preventing undue administrative burden in the application process for individual tenants in applying for assistance. Provides that program staff shall endeavor to lessen any administrative burden on landlords receiving assistance payments. Amends the Eviction Article of the Code of Civil Procedure. Provides that a defendant shall have an affirmative defense to any action where the plaintiff has made a demand for possession that is based on unpaid rent regardless of whether the owner has joined in the action a claim for rent if the defendant, a social services agency, or a government agency offered the owner an application for emergency housing assistance and the owner refused to complete the process to obtain the emergency housing assistance and the defendant would have been eligible for the emergency housing assistance program. Provides that the owner may overcome the affirmative defense only if the court makes a finding that the application for emergency housing assistance would impose a significant administrative burden on the owner. Amends the Illinois Human Rights Act. Defines "source of income". Provides that if a landlord requires that a prospective tenant or current tenant have a certain threshold level of income, then the landlord shall subtract any source of income in the form of a rent voucher or subsidy from the total of the monthly rent prior to calculating if the income criteria have been met. Provides that a landlord shall not apply an income or asset requirement to a tenant with a non-wage source of income that the landlord does not apply to all tenants. Provides that if an income or asset requirement serves to generally exclude participants in a housing or benefits program, that requirement shall be considered presumptively discriminatory. Makes other changes. Fiscal Note (Dept. of Human Services) HB 2775 does not have a fiscal impact to the Department of Human Services. Housing Affordability Impact Note (Housing Development Authority) This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence. Senate Committee Amendment No. 1 Deletes reference to: 310 ILCS 70/4 from Ch. 67 1/2, par. 1304 310 ILCS 70/10 from Ch. 67 1/2, par. 1310 735 ILCS 5/9-106.4 new 775 ILCS 5/3-102.2 new 775 ILCS 5/8B-104 from Ch. 68, par. 8B-104 Replaces everything after the enacting clause. Amends the Illinois Human Rights Act. Declares that it is the public policy of the State to prevent discrimination based on source of income in real estate transactions. Defines "source of income" as the lawful manner by which an individual supports himself or herself and his or her dependents. Provides that it is a civil rights violation for various people to participate in specified discriminatory actions related to real estate transactions because of an individual's source of income.

Amends the Illinois Act on the Aging. In provisions concerning the Council on Aging, provides that at least 7 citizen members shall represent underrepresented communities, including, but no limited to: one member who is a lesbian, gay, bisexual, or queer individual; one member who is a transgender or gender-expansive individual; one member who is an African-American or Black individual; and one member who is an Asian-American or Pacific Islander individual. Creates the Illinois Commission on LGBTQ Aging to investigate, analyze, and study the health, housing, financial, psychosocial, home-and-community-based services, assisted living, and long-term care needs of LGBTQ older adults and their caregivers. Requires the Commission to make recommendations to improve access to benefits, services, and supports for LGBTQ older adults and their caregivers. Requires the Commission to: examine the impact of State and local laws, policies, and regulations on LGBTQ older adults and make recommendations to ensure equitable access, treatment, care and benefits, and overall quality of life; and examine strategies to increase provider awareness of the needs of LGBTQ older adults and their caregivers and to improve the competence of and access to treatment, services, and ongoing care, including preventive care; and carry out other duties. Contains provisions concerning: members appointed to the Commission; Commission meetings and reports; an LGBTQ Older Adult Advocate to advocate for LGBTQ older adults and older adults living with HIV who experience barriers to accessing and utilizing services; an LGBTQ Older Adult Curriculum and Training Program; and other matters. Effective immediately.

Amends the Unified Code of Corrections. Provides that each institution or facility of the Department of Corrections shall hire a reentry specialist to assist with the reentry of offenders into the community. Provides that the Department shall by rule provide for the duties and responsibilities of reentry specialists.

Amends the Regulatory Sunset Act. Provides that the Pharmacy Practice Act is repealed on January 1, 2028 (instead of January 1, 2023). Amends the Pharmacy Practice Act. Provides that the individual taxpayer identification number may be used as an unique identifying number in an application for an original license. Provides that a registered pharmacy technician may be delegated to perform any task within the practice of pharmacy if specifically trained for that task except for final prescription verification except where a registered certified pharmacy technician verifies a prescription dispensed by another pharmacy technician using technology-assisted medication verification. Removes a provision that provides that additional licensure rules may provide for a reasonable annual fee, not to exceed $20, to fund the cost of recordkeeping. Provides that if a pharmacy temporarily closes for more than 72 hours, it is the duty of the pharmacist in charge and the owner of such pharmacy to report to the Department of Financial and Professional Regulation within 72 hours of temporary closure. Removes a provision that provides that exhibits shall be certified without cost. Provides that the citation the Department may issue to any licensee for any violation of the Act or the rules shall not exceed $3,000 (instead of $1,000). Makes other changes. Some provisions take effect upon becoming law. Senate Floor Amendment No. 1 Adds reference to: 225 ILCS 85/25.10 In the Pharmacy Practice Act, provides that nothing shall prohibit an individual employee licensed as a pharmacist, pharmacy technician, or student pharmacist (rather than only licensed as a pharmacist) from accessing the employer pharmacy's database from a home (rather than a pharmacist's home) or other remote location or pharmacist's home verification (rather than home verification) for the purpose of performing certain prescription processing functions, provided that the pharmacy establishes controls to protect the privacy and security of confidential records. Senate Floor Amendment No. 2 Corrects a typographical error.

Amends the Chicago Teacher Article of the Illinois Pension Code. Allows a member to establish credit for up to 2 years of service as a teacher or administrator employed by a private school registered with or recognized by the Illinois State Board of Education, provided that the teacher (i) was certified under the law governing the certification of teachers at the time the service was rendered, (ii) applies in writing no later than 2 years after the effective date of the amendatory Act, (iii) supplies satisfactory evidence of the employment, (iv) completes at least 10 years of contributing service as a teacher, (v) pays the required contribution required, and (vi) does not receive credit for that service under any other provision of the Code. Amends the State Mandates Act to require implementation without reimbursement by the State. Effective immediately. Senate Committee Amendment No. 1 Provides that for each year of service credit established, a member is required to contribute to the System (i) the employee and employer contribution that would have been required had such service been rendered as a member based on the annual salary rate (instead of 16.5% of the annual salary rate) during the first year of full-time employment as a teacher under the Article following the private school service, plus (ii) interest thereon at the actuarially assumed rate (instead of interest thereon) from the date of first full-time employment as a teacher under the Article following the private school service to the date of payment, compounded annually, at a rate determined by the Board (instead of 8% per year).

Amends the Regulatory Sunset Act. Repeals the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act on January 1, 2028 (instead of January 1, 2023). Amends the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act. Defines "email address of record". Provides that the definition of "clinical supervision" includes face-to-face video if the session is synchronous and involves verbal and visual interaction during supervision. Provides that licensees shall provide a valid email address to the Department of Financial and Professional Regulation and inform the Department of any change of email address. Removes a provision that provides that nothing in the Act shall be construed to limit licensed professional counselors from providing social services that do not fall within the definition of professional counseling. Provides that no person shall, without a valid license, hold one's self out to the public as a professional counselor by using the credential "L.P.C.". Removes a provision that the Department may maintain names and addresses of all licenses and all persons whose licenses have been suspended, revoked, or denied renewal for cause within the previous calendar year. Provides that the Professional Counselor Licensing and Disciplinary Board shall consist of 7 persons, one (instead of 2) of whom is licensed solely as a professional counselor and 4 (instead of 3) of whom are licensed solely as clinical professional counselors. Removes a provision that provides for an exception for an applicant who applied for licensure before a specified date where an approved baccalaureate program in human services approved by the Department and 5 years of supervised experience would count as a qualification for licensure. Provides that if the Department finds an individual unable to practice because of a substance-related violation, the Department may require that individual to submit to a substance abuse evaluation or treatment by programs approved by the Department as a condition, term, or restriction for continued, restored, or renewed licensure to practice. Makes other changes. Provisions amending the Regulatory Sunset Act are effective immediately.