43-25A-8. Authority of Secretary of State to investigate and act upon conduct.

The Secretary may revoke, suspend, deny, or refuse to issue or renew a license; place a licensee on probation; or issue a letter of admonition upon proof that the licensee:#

1. (1)

   Has procured or attempted to procure a license by fraud, deceit, misrepresentation, misleading omission, or material misstatement of fact;#

2. (2)

   Has been convicted of a felony as provided under state law;#

3. (3)

   Has willfully or negligently acted in a manner inconsistent with the health or safety of persons under the individual’s care;#

4. (4)

   Has had a license to practice music therapy suspended or revoked or has otherwise been subject to discipline related to the individual’s practice of music therapy in any other jurisdiction;#

5. (5)

   Has committed a fraudulent insurance act;#

6. (6)

   Excessively or habitually uses alcohol or drugs, provided that the Secretary shall not discipline an individual under this paragraph if the individual is enrolled in a substance abuse program approved by the office; or#

7. (7)

   Has a physical or mental disability that renders the individual incapable of safely administering music therapy services.#

The Secretary is authorized to conduct investigations into allegations of conduct described in subsection (a) of this Code section.#

In addition to suspension, revocation, denial, or refusal to renew a license, the Secretary shall fine a person found to have violated any provision of this chapter or any rule adopted by the Secretary under this chapter not less than $100.00 nor more than $1,000.00 for each violation.#

The provisions of Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” shall be applicable to the Secretary of State and the provisions of this chapter.#