(Section scheduled to be repealed on January 1, 2028) Sec. 45. 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 the 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 reputable and in good standing; (3) adopt and publish rules for a method of examination of candidates for licensed professional music therapists and for issuance of licenses authorizing candidates upon passing examination to practice as licensed professional 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 examinations as a component of a license. All examinations, either conducted or authorized, must allow reasonable accommodations for applicants for whom English is not their primary language and a test in their primary language is not available. Further, all examinations either conducted or authorized must comply with all communication access and reasonable modification requirements in Section 504 of the federal Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990; (6) conduct hearings on proceedings to refuse to issue or renew a license or to revoke, suspend, place on probation, or reprimand licenses issued under this Act or otherwise discipline; and (7) adopt rules necessary for the administration of this Act. curriculum for music therapy that is reputable and in good standing; 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 the 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 reputable and in good standing; examination of candidates for licensed professional music therapists and for issuance of licenses authorizing candidates upon passing examination to practice as licensed professional music therapists; qualifications of applicants for licenses; qualifications of those applicants who require examinations as a component of a license. All examinations, either conducted or authorized, must allow reasonable accommodations for applicants for whom English is not their primary language and a test in their primary language is not available. Further, all examinations either conducted or authorized must comply with all communication access and reasonable modification requirements in Section 504 of the federal Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990; issue or renew a license or to revoke, suspend, place on probation, or reprimand licenses issued under this Act or otherwise discipline; and this Act.
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