Bill Text: MN SF404 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Music therapists licensure and regulation
Sponsorship: Bipartisan Bill
Status: (Introduced - Dead) 2014-03-04 - Comm report: To pass as amended and re-refer to Judiciary [SF404 Detail]
Download: Minnesota-2013-SF404-Engrossed.html
1.2relating to health occupations; creating licensure for music therapists; imposing
1.3fees and civil penalties; proposing coding for new law as Minnesota Statutes,
1.4chapter 146C.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [146C.01] DEFINITIONS.
1.7 Subdivision 1. Scope. The terms defined in this section apply to this chapter.
1.8 Subd. 2. Advisory council. "Advisory council" means the Music Therapy Advisory
1.9Council established in section 146C.05.
1.10 Subd. 3. Board certified music therapist. "Board certified music therapist" means
1.11a person who has completed the education and clinical training requirements established
1.12by the American Music Therapy Association, has passed the Certification Board for Music
1.13Therapists certification examination, and remains actively certified by the Certification
1.14Board for Music Therapists.
1.15 Subd. 4. Commissioner. "Commissioner" means the commissioner of health or a
1.16designee.
1.17 Subd. 5. Music therapist. "Music therapist" means a person who meets the
1.18qualifications in section 146C.15 and is licensed by the commissioner.
1.19 Subd. 6. Music therapy. "Music therapy" means the clinical and evidence-based
1.20use of music therapy interventions to accomplish individualized goals within a therapeutic
1.21relationship through development of an individualized music therapy treatment plan for
1.22the client that identifies the goals, objectives, and potential strategies of the music therapy
1.23services.
2.1 Subd. 7. Music therapy interventions. "Music therapy interventions" means
2.2music improvisation, receptive music listening, song writing, lyric discussion, music and
2.3imagery, music performance, learning through music, and movement to music.
2.4 Sec. 2. [146C.05] MUSIC THERAPY ADVISORY COUNCIL.
2.5 Subdivision 1. Membership. The commissioner shall appoint five persons to the
2.6Music Therapy Advisory Council consisting of the following:
2.7(1) one member who is a licensed health care professional who is not a music
2.8therapist;
2.9(2) one member who is a consumer of music therapy; and
2.10(3) three members who practice as music therapists in this state.
2.11 Subd. 2. Creation. The advisory council shall be organized and administered under
2.12section 15.059, except for initial members' terms as described in subdivision 3.
2.13 Subd. 3. Duties. The advisory council shall:
2.14(1) advise the commissioner regarding the establishment of fees related to regulation
2.15of music therapists;
2.16(2) advise the commissioner regarding standards for licensure of music therapists;
2.17(3) advise the commissioner on enforcement of the provisions contained in this
2.18chapter;
2.19(4) review applications and make recommendations to the commissioner on granting
2.20or denying licensure or license renewal;
2.21(5) review reports of investigations or complaints relating to individuals practicing
2.22music therapy and make recommendations to the commissioner as to whether licensure
2.23should be denied or disciplinary action taken against the individual;
2.24(6) provide for distribution of information regarding music therapist licensure
2.25standards;
2.26(7) facilitate dissemination of information between music therapists, the American
2.27Music Therapy Association or any successor organization, the Certification Board for
2.28Music Therapists or any successor organization, and the commissioner;
2.29(8) develop public education materials to inform the public of the benefits of music
2.30therapy, use of music therapy by individuals and in facilities or institutional settings,
2.31and the licensure of music therapists; and
2.32(9) perform other duties authorized for advisory councils by chapter 214, as directed
2.33by the commissioner.
2.34 Subd. 4. Initial appointments; initial terms; initial meeting. The commissioner
2.35shall make initial appointments by September 1, 2014. When making initial appointments,
3.1the commissioner shall designate two appointees to have terms coterminous with the
3.2governor. The initial appointees who serve a term that is coterminous with the governor
3.3shall serve until the start of the governor's term that begins in 2019. The remainder of the
3.4initial appointees shall serve until 2020. Thereafter, terms will be as described in section
3.515.059, subdivision 3. The commissioner must convene the first meeting by January
3.61, 2015.
3.7 Subd. 5. Chair. The council must elect a chair from among its members. A chair
3.8serves a two-year term, except for the first elected chair who serves until the first Monday
3.9in January 2017.
3.10 Subd. 6. Expiration. This section expires June 30, 2022, unless extended by law.
3.11 Sec. 3. [146C.10] UNAUTHORIZED PRACTICE; PROTECTED TITLES;
3.12EXEMPT PERSONS.
3.13 Subdivision 1. Unlicensed practice prohibited. Effective July 1, 2015, no person
3.14shall engage in the practice of music therapy unless the person is licensed as a music
3.15therapist in accordance with this chapter.
3.16 Subd. 2. Protected titles and restrictions on use. (a) Use of the term "music
3.17therapy" or "music therapist" or like titles or terms to indicate or imply that the person
3.18is licensed by the state as a music therapist is prohibited unless that person is licensed
3.19under this chapter.
3.20(b) Use of the term "board certified music therapist" or like terms to indicate or
3.21imply that the person is a licensed music therapist who is certified by the Certification
3.22Board for Music Therapists is prohibited unless the person is licensed under this chapter
3.23and holds a valid certification from the Certification Board for Music Therapists.
3.24(c) Use of the term "registered music therapist" or like terms to indicate or imply that
3.25the person is a licensed music therapist is prohibited unless the person is licensed under
3.26this chapter and holds a valid registration from the nationally recognized registration
3.27organization.
3.28 Subd. 3. Exempt persons. This section does not apply to:
3.29(1) any person employed as a music therapist by the government of the United States
3.30or any federal agency. A person who is exempt under this clause may use the protected
3.31titles identified in subdivision 2, but only in connection with performing official duties for
3.32the federal government;
3.33(2) any person licensed, registered, or regulated under the laws of this state in
3.34another profession or occupation, or a person supervised by a regulated professional in
4.1this state, who is performing work, including the use of music, incidental to professional
4.2practice if the person does not hold oneself out as a music therapist;
4.3(3) any practice of music therapy as an integral part of a program of study for
4.4students enrolled in an accredited music therapy program, if the student is not represented
4.5as a music therapist;
4.6(4) any person who practices music therapy under the supervision of a licensed
4.7music therapist, if the person is not represented as a music therapist; or
4.8(5) any person who is trained and certified by a nationally accredited certifying
4.9organization as a music healing professional, and who practices within the scope of the
4.10specific training and certification, if the person does not hold oneself out as a music
4.11therapist. The commissioner, in consultation with the advisory council, shall identify the
4.12music healing professions that qualify for this exemption.
4.13 Sec. 4. [146C.15] LICENSURE APPLICATION REQUIREMENTS;
4.14QUALIFICATIONS.
4.15 Subdivision 1. Application. An applicant for licensure must apply in writing on a
4.16form prescribed by the commissioner and submit the fee required in section 146C.45.
4.17 Subd. 2. Qualifications. An applicant for licensure must:
4.18(1) be 18 years of age or older;
4.19(2) hold a bachelor's degree or higher in music therapy, or its equivalent, from
4.20a program approved by the American Music Therapy Association or any successor
4.21organization within an accredited college or university;
4.22(3) successfully complete a minimum of 1,200 hours of clinical training, with at least
4.23180 hours in pre-internship experiences and at least 900 hours in internship experiences,
4.24provided that the internship is approved by an academic institution, the American Music
4.25Therapy Association or any successor organization, or both;
4.26(4) successfully pass a background check that includes a review of the applicant's
4.27music therapy licensure history in other jurisdictions, including a review of any alleged
4.28misconduct or neglect in the practice of music therapy on the part of the applicant;
4.29(5) provide proof of passing the examination for board certification offered by the
4.30Certification Board for Music Therapists or any successor organization or provide proof of
4.31registration by the National Music Therapy Registry as a Registered Music Therapist; and
4.32(6) provide proof that the applicant is currently a board certified or registered music
4.33therapist.
5.1 Subd. 3. Action on application for licensure. (a) The commissioner shall approve,
5.2approve with conditions, or deny licensure. The commissioner shall act on an application
5.3according to paragraphs (b) to (d).
5.4(b) The commissioner shall determine if the applicant meets the requirements for
5.5licensure. The commissioner, or the advisory council at the commissioner's request, may
5.6investigate information provided by the applicant to determine whether the information
5.7is accurate and complete.
5.8(c) The commissioner shall notify the applicant of action taken on the application,
5.9and if licensure is denied or approved with conditions, the grounds for the commissioner's
5.10determination.
5.11(d) An applicant denied licensure or granted licensure with conditions may make
5.12a written request to the commissioner, within 30 days of the date of the commissioner's
5.13determination, for reconsideration of the commissioner's determination. Individuals
5.14requesting reconsideration may submit information which the applicant wants considered
5.15in the reconsideration. After reconsideration of the commissioner's determination, the
5.16commissioner shall determine whether the original determination should be affirmed
5.17or modified. An applicant is allowed no more than one request in any two-year period
5.18for reconsideration of the commissioner's determination to deny licensure or approve
5.19licensure with conditions.
5.20 Subd. 4. Reciprocity. The commissioner shall issue a license to an applicant for a
5.21music therapy license when an applicant has completed and submitted an application upon
5.22a form and in the manner prescribed by the commissioner, accompanied by applicable
5.23fees, and evidence satisfactory to the commissioner that the applicant is licensed and in
5.24good standing as a music therapist in another jurisdiction where the qualifications required
5.25are equal to or greater than those required in this chapter at the date of application.
5.26 Sec. 5. [146C.20] TRANSITION PERIOD; WAIVER OF EXAMINATION.
5.27(a) The commissioner shall waive the examination requirement in section 146C.15,
5.28subdivision 2, clause (5), for an applicant who is:
5.29(1) board certified as a music therapist and is in good standing with the Certification
5.30Board for Music Therapists; or
5.31(2) designated as a registered music therapist, certified music therapist, or advanced
5.32certified music therapist and is in good standing with the National Music Therapy Registry.
5.33(b) This section expires July 1, 2016.
5.34 Sec. 6. [146C.25] RENEWAL OF LICENSE; INACTIVE STATUS.
6.1 Subdivision 1. Renewal requirements. To be eligible for license renewal, a
6.2licensee must:
6.3(1) submit a completed and signed application for license renewal on a form
6.4provided by the commissioner;
6.5(2) submit the renewal fee required under section 146C.45;
6.6(3) provide written verification from the Certification Board for Music Therapists
6.7that the licensee has valid board certification credentials, or provide written verification
6.8from the National Music Therapy Registry that the licensee has valid registry credentials;
6.9(4) submit proof of completion of a minimum of 100 hours of continuing education
6.10in a program approved by the Certification Board of Music Therapists or its successor
6.11organization; and
6.12(5) submit additional information as requested by the commissioner to clarify
6.13information presented in the renewal application.
6.14 Subd. 2. Renewal deadline. (a) Licenses must be renewed every five years.
6.15(b) Each license must state an expiration date.
6.16(c) A completed application for license renewal must be received by the
6.17commissioner or postmarked at least 14 days prior to the license expiration date.
6.18(d) If the commissioner changes the renewal schedule and the expiration date is less
6.19than five years, the fee at the next renewal must be prorated.
6.20(e) A completed application for license renewal not received within the time required
6.21under paragraph (c), but received on or before the expiration date, must be accompanied
6.22by a late fee in addition to the renewal fee in section 146C.45.
6.23 Subd. 3. Licensure renewal notice. At least 60 calendar days before the expiration
6.24date in subdivision 2, the commissioner must mail a renewal notice to the licensee's last
6.25known address on file with the commissioner. The notice must include an application for
6.26licensure renewal and notice of fees required for renewal. The licensee's failure to receive
6.27the notice does not relieve the licensee of the obligation to meet the renewal deadline and
6.28other requirements for licensure renewal.
6.29 Subd. 4. Failure to renew. (a) An individual who fails to renew a license shall
6.30forfeit the license. Licenses that have been forfeited may be restored within one year of
6.31the expiration date upon completion of the requirements in subdivision 1, and payment of
6.32the late fee in section 146C.45.
6.33(b) An individual who requests restoration of a license more than one year after the
6.34license expiration date shall be required to reapply for licensure as a new applicant and
6.35must comply with the requirements for new licensees at the time of application.
7.1 Subd. 5. Inactive status. (a) A licensee with an active license who is in good
7.2standing and has no disciplinary or other adverse action pending may make a written
7.3request to have the license placed on inactive status. The licensee shall be required to pay
7.4the inactive status fee in section 146C.45.
7.5(b) An individual whose license has been placed on inactive status for two years or
7.6less may reactivate the license by submitting the information required in subdivision 1.
7.7(c) An individual whose license has been placed on inactive status for more than
7.8two years must reapply for licensure as a new applicant and must comply with the
7.9requirements for new licensees at the time of application.
7.10 Sec. 7. [146C.30] CHANGE OF NAME, ADDRESS, OR EMPLOYMENT.
7.11A licensee who changes a name, address, or employment must inform the
7.12commissioner, in writing, of the change in name, address, employment, business address,
7.13or business telephone number within 30 days of the change. A change in name must
7.14be accompanied by a copy of a marriage certificate or court order. All notices or other
7.15correspondence mailed to or served on the licensee by the commissioner at the licensee's
7.16address on file with the commissioner shall be considered as having been received by the
7.17licensee.
7.18 Sec. 8. [146C.35] PRACTICE OF MUSIC THERAPY.
7.19(a) The practice of music therapy includes the specialized use of music and the
7.20materials of music to restore, maintain, and improve cognitive, psychological, social
7.21or emotional, affective, physical, sensory or sensorimotor, motor, communicative, and
7.22physiological areas of functioning.
7.23(b) A licensee may accept referrals from medical, developmental, mental health, or
7.24education professionals; family members; clients; or caregivers. Before providing music
7.25therapy services to a client for a medical, developmental, or mental health condition, the
7.26licensee shall consult with the client's physician, psychologist, primary care provider, or
7.27mental health professional to review the client's diagnosis, treatment needs, and treatment
7.28plan. During the provision of services to a client, the licensee shall collaborate with the
7.29client's treatment team.
7.30(c) A licensee shall conduct a music therapy assessment of a client to collect
7.31systematic, comprehensive, and accurate information necessary to determine the
7.32appropriate type of music therapy services to provide for the client.
8.1(d) A licensee shall develop an individualized treatment plan for the client that
8.2identifies goals, objectives, and potential strategies of music therapy services appropriate
8.3for the client.
8.4(e) A licensee shall carry out an individualized music therapy treatment plan in the
8.5least restrictive setting that is consistent with any other medical, developmental, mental
8.6health, or education services being provided to the client.
8.7(f) A licensee shall evaluate the client's response to music therapy and the
8.8individualized treatment plan and suggest modifications, as appropriate.
8.9(g) A licensee shall develop a plan for determining when the provision of music
8.10therapy services is no longer needed. The licensee shall consult with the client, any
8.11physician or other provider of health care or education of the client, any appropriate member
8.12of the family of the client, and any other person upon whom the client relies for support.
8.13(h) A licensee shall collaborate with and educate the client and the family or
8.14caregiver of the client about the needs of the client that are being addressed in music
8.15therapy and the manner in which the therapy addresses those needs.
8.16 Sec. 9. [146C.40] DISCIPLINARY ACTION.
8.17 Subdivision 1. Grounds for denial of license or discipline. The commissioner may
8.18revoke, suspend, deny, or refuse to issue or renew a license, or may discipline a licensee
8.19using any of the disciplinary actions listed in subdivision 3 on proof that the individual has:
8.20(1) procured or attempted to procure a license by fraud, deceit, misrepresentation,
8.21misleading omission, or material misstatement of fact;
8.22(2) been convicted of violating any state or federal law, rule, or regulation which
8.23directly relates to the practice of music therapy;
8.24(3) willfully or negligently acted in a manner inconsistent with the health or safety
8.25of persons in the individual's care;
8.26(4) had a credential to practice music therapy suspended or revoked, or has otherwise
8.27been subject to discipline relating to the individual's practice of music therapy in any
8.28other jurisdiction;
8.29(5) failed to perform services with reasonable judgment, skill, or safety due to the
8.30use of alcohol or drugs, or other physical or mental impairment;
8.31(6) violated any provisions of this chapter;
8.32(7) not cooperated with the commissioner or the advisory council in an investigation
8.33conducted according to subdivision 2;
8.34(8) engaged in dishonest, unethical, or unprofessional conduct in connection with
8.35the practice of music therapy that is likely to deceive, defraud, or harm the public;
9.1(9) engaged in abuse or fraudulent billing practices;
9.2(10) divided fees with, or paid or promised to pay a commission or part of a fee to,
9.3any person who contacts the music therapist for consultation or sends patients to the
9.4music therapist for treatment;
9.5(11) performed music therapy services in an incompetent or negligent manner or in a
9.6manner that falls below the community standard of care; or
9.7(12) engaged in the practice of music therapy without a valid license.
9.8 Subd. 2. Investigation of complaints. The commissioner, or the advisory council
9.9when authorized by the commissioner, may initiate an investigation upon receiving a
9.10complaint or other written or oral communication that alleges or implies that a person has
9.11violated the provisions of this chapter. In the receipt, investigation, and hearing of a
9.12complaint, the commissioner shall follow the procedures in section 214.13.
9.13 Subd. 3. Disciplinary actions. If the commissioner finds that a music therapist
9.14should be disciplined according to subdivision 1, the commissioner may take any one
9.15or more of the following actions:
9.16(1) refuse to grant or renew a license;
9.17(2) approve licensure with conditions;
9.18(3) revoke licensure;
9.19(4) suspend licensure;
9.20(5) any reasonable lesser action including, but not limited to, reprimand or restriction
9.21on licensure;
9.22(6) impose, for each violation, a civil penalty of not less than $100 nor more than
9.23$1,000 that deprives the licensee of any economic advantage gained by the violation and
9.24reimburses the commissioner for costs of the investigation and proceedings resulting
9.25in disciplinary action; or
9.26(7) any action authorized by statute.
9.27 Subd. 4. Authority to contract. The commissioner shall contract with the health
9.28professionals services program as authorized by sections 214.31 to 214.37 to provide
9.29services to practitioners under this chapter. The health professionals services program
9.30does not affect the authority to discipline violations of this chapter.
9.31 Sec. 10. [146C.45] FEES.
9.32(a) The fees charged by the commissioner are fixed at the following rates:
9.33(1) application fee, $.......;
9.34(2) initial licensure fee, $.......;
9.35(3) licensure renewal fee, $.......;
10.1(4) licensure renewal late fee, $.......;
10.2(5) inactive license fee, $.......; and
10.3(6) duplicate license fee, $........
10.4(b) The commissioner shall prorate the initial licensure fee for first time licensees
10.5according to the number of months that have elapsed between the date the license is issued
10.6and the date the license expires or must be renewed under section 146C.25.
10.7(c) All fees are nonrefundable.
10.8 Sec. 11. EFFECTIVE DATE.
10.9Sections 1 to 10 are effective July 1, 2014.
1.3fees and civil penalties; proposing coding for new law as Minnesota Statutes,
1.4chapter 146C.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [146C.01] DEFINITIONS.
1.7 Subdivision 1. Scope. The terms defined in this section apply to this chapter.
1.8 Subd. 2. Advisory council. "Advisory council" means the Music Therapy Advisory
1.9Council established in section 146C.05.
1.10 Subd. 3. Board certified music therapist. "Board certified music therapist" means
1.11a person who has completed the education and clinical training requirements established
1.12by the American Music Therapy Association, has passed the Certification Board for Music
1.13Therapists certification examination, and remains actively certified by the Certification
1.14Board for Music Therapists.
1.15 Subd. 4. Commissioner. "Commissioner" means the commissioner of health or a
1.16designee.
1.17 Subd. 5. Music therapist. "Music therapist" means a person who meets the
1.18qualifications in section 146C.15 and is licensed by the commissioner.
1.19 Subd. 6. Music therapy. "Music therapy" means the clinical and evidence-based
1.20use of music therapy interventions to accomplish individualized goals within a therapeutic
1.21relationship through development of an individualized music therapy treatment plan for
1.22the client that identifies the goals, objectives, and potential strategies of the music therapy
1.23services.
2.1 Subd. 7. Music therapy interventions. "Music therapy interventions" means
2.2music improvisation, receptive music listening, song writing, lyric discussion, music and
2.3imagery, music performance, learning through music, and movement to music.
2.4 Sec. 2. [146C.05] MUSIC THERAPY ADVISORY COUNCIL.
2.5 Subdivision 1. Membership. The commissioner shall appoint five persons to the
2.6Music Therapy Advisory Council consisting of the following:
2.7(1) one member who is a licensed health care professional who is not a music
2.8therapist;
2.9(2) one member who is a consumer of music therapy; and
2.10(3) three members who practice as music therapists in this state.
2.11 Subd. 2. Creation. The advisory council shall be organized and administered under
2.12section 15.059, except for initial members' terms as described in subdivision 3.
2.13 Subd. 3. Duties. The advisory council shall:
2.14(1) advise the commissioner regarding the establishment of fees related to regulation
2.15of music therapists;
2.16(2) advise the commissioner regarding standards for licensure of music therapists;
2.17(3) advise the commissioner on enforcement of the provisions contained in this
2.18chapter;
2.19(4) review applications and make recommendations to the commissioner on granting
2.20or denying licensure or license renewal;
2.21(5) review reports of investigations or complaints relating to individuals practicing
2.22music therapy and make recommendations to the commissioner as to whether licensure
2.23should be denied or disciplinary action taken against the individual;
2.24(6) provide for distribution of information regarding music therapist licensure
2.25standards;
2.26(7) facilitate dissemination of information between music therapists, the American
2.27Music Therapy Association or any successor organization, the Certification Board for
2.28Music Therapists or any successor organization, and the commissioner;
2.29(8) develop public education materials to inform the public of the benefits of music
2.30therapy, use of music therapy by individuals and in facilities or institutional settings,
2.31and the licensure of music therapists; and
2.32(9) perform other duties authorized for advisory councils by chapter 214, as directed
2.33by the commissioner.
2.34 Subd. 4. Initial appointments; initial terms; initial meeting. The commissioner
2.35shall make initial appointments by September 1, 2014. When making initial appointments,
3.1the commissioner shall designate two appointees to have terms coterminous with the
3.2governor. The initial appointees who serve a term that is coterminous with the governor
3.3shall serve until the start of the governor's term that begins in 2019. The remainder of the
3.4initial appointees shall serve until 2020. Thereafter, terms will be as described in section
3.515.059, subdivision 3. The commissioner must convene the first meeting by January
3.61, 2015.
3.7 Subd. 5. Chair. The council must elect a chair from among its members. A chair
3.8serves a two-year term, except for the first elected chair who serves until the first Monday
3.9in January 2017.
3.10 Subd. 6. Expiration. This section expires June 30, 2022, unless extended by law.
3.11 Sec. 3. [146C.10] UNAUTHORIZED PRACTICE; PROTECTED TITLES;
3.12EXEMPT PERSONS.
3.13 Subdivision 1. Unlicensed practice prohibited. Effective July 1, 2015, no person
3.14shall engage in the practice of music therapy unless the person is licensed as a music
3.15therapist in accordance with this chapter.
3.16 Subd. 2. Protected titles and restrictions on use. (a) Use of the term "music
3.17therapy" or "music therapist" or like titles or terms to indicate or imply that the person
3.18is licensed by the state as a music therapist is prohibited unless that person is licensed
3.19under this chapter.
3.20(b) Use of the term "board certified music therapist" or like terms to indicate or
3.21imply that the person is a licensed music therapist who is certified by the Certification
3.22Board for Music Therapists is prohibited unless the person is licensed under this chapter
3.23and holds a valid certification from the Certification Board for Music Therapists.
3.24(c) Use of the term "registered music therapist" or like terms to indicate or imply that
3.25the person is a licensed music therapist is prohibited unless the person is licensed under
3.26this chapter and holds a valid registration from the nationally recognized registration
3.27organization.
3.28 Subd. 3. Exempt persons. This section does not apply to:
3.29(1) any person employed as a music therapist by the government of the United States
3.30or any federal agency. A person who is exempt under this clause may use the protected
3.31titles identified in subdivision 2, but only in connection with performing official duties for
3.32the federal government;
3.33(2) any person licensed, registered, or regulated under the laws of this state in
3.34another profession or occupation, or a person supervised by a regulated professional in
4.1this state, who is performing work, including the use of music, incidental to professional
4.2practice if the person does not hold oneself out as a music therapist;
4.3(3) any practice of music therapy as an integral part of a program of study for
4.4students enrolled in an accredited music therapy program, if the student is not represented
4.5as a music therapist;
4.6(4) any person who practices music therapy under the supervision of a licensed
4.7music therapist, if the person is not represented as a music therapist; or
4.8(5) any person who is trained and certified by a nationally accredited certifying
4.9organization as a music healing professional, and who practices within the scope of the
4.10specific training and certification, if the person does not hold oneself out as a music
4.11therapist. The commissioner, in consultation with the advisory council, shall identify the
4.12music healing professions that qualify for this exemption.
4.13 Sec. 4. [146C.15] LICENSURE APPLICATION REQUIREMENTS;
4.14QUALIFICATIONS.
4.15 Subdivision 1. Application. An applicant for licensure must apply in writing on a
4.16form prescribed by the commissioner and submit the fee required in section 146C.45.
4.17 Subd. 2. Qualifications. An applicant for licensure must:
4.18(1) be 18 years of age or older;
4.19(2) hold a bachelor's degree or higher in music therapy, or its equivalent, from
4.20a program approved by the American Music Therapy Association or any successor
4.21organization within an accredited college or university;
4.22(3) successfully complete a minimum of 1,200 hours of clinical training, with at least
4.23180 hours in pre-internship experiences and at least 900 hours in internship experiences,
4.24provided that the internship is approved by an academic institution, the American Music
4.25Therapy Association or any successor organization, or both;
4.26(4) successfully pass a background check that includes a review of the applicant's
4.27music therapy licensure history in other jurisdictions, including a review of any alleged
4.28misconduct or neglect in the practice of music therapy on the part of the applicant;
4.29(5) provide proof of passing the examination for board certification offered by the
4.30Certification Board for Music Therapists or any successor organization or provide proof of
4.31registration by the National Music Therapy Registry as a Registered Music Therapist; and
4.32(6) provide proof that the applicant is currently a board certified or registered music
4.33therapist.
5.1 Subd. 3. Action on application for licensure. (a) The commissioner shall approve,
5.2approve with conditions, or deny licensure. The commissioner shall act on an application
5.3according to paragraphs (b) to (d).
5.4(b) The commissioner shall determine if the applicant meets the requirements for
5.5licensure. The commissioner, or the advisory council at the commissioner's request, may
5.6investigate information provided by the applicant to determine whether the information
5.7is accurate and complete.
5.8(c) The commissioner shall notify the applicant of action taken on the application,
5.9and if licensure is denied or approved with conditions, the grounds for the commissioner's
5.10determination.
5.11(d) An applicant denied licensure or granted licensure with conditions may make
5.12a written request to the commissioner, within 30 days of the date of the commissioner's
5.13determination, for reconsideration of the commissioner's determination. Individuals
5.14requesting reconsideration may submit information which the applicant wants considered
5.15in the reconsideration. After reconsideration of the commissioner's determination, the
5.16commissioner shall determine whether the original determination should be affirmed
5.17or modified. An applicant is allowed no more than one request in any two-year period
5.18for reconsideration of the commissioner's determination to deny licensure or approve
5.19licensure with conditions.
5.20 Subd. 4. Reciprocity. The commissioner shall issue a license to an applicant for a
5.21music therapy license when an applicant has completed and submitted an application upon
5.22a form and in the manner prescribed by the commissioner, accompanied by applicable
5.23fees, and evidence satisfactory to the commissioner that the applicant is licensed and in
5.24good standing as a music therapist in another jurisdiction where the qualifications required
5.25are equal to or greater than those required in this chapter at the date of application.
5.26 Sec. 5. [146C.20] TRANSITION PERIOD; WAIVER OF EXAMINATION.
5.27(a) The commissioner shall waive the examination requirement in section 146C.15,
5.28subdivision 2, clause (5), for an applicant who is:
5.29(1) board certified as a music therapist and is in good standing with the Certification
5.30Board for Music Therapists; or
5.31(2) designated as a registered music therapist, certified music therapist, or advanced
5.32certified music therapist and is in good standing with the National Music Therapy Registry.
5.33(b) This section expires July 1, 2016.
5.34 Sec. 6. [146C.25] RENEWAL OF LICENSE; INACTIVE STATUS.
6.1 Subdivision 1. Renewal requirements. To be eligible for license renewal, a
6.2licensee must:
6.3(1) submit a completed and signed application for license renewal on a form
6.4provided by the commissioner;
6.5(2) submit the renewal fee required under section 146C.45;
6.6(3) provide written verification from the Certification Board for Music Therapists
6.7that the licensee has valid board certification credentials, or provide written verification
6.8from the National Music Therapy Registry that the licensee has valid registry credentials;
6.9(4) submit proof of completion of a minimum of 100 hours of continuing education
6.10in a program approved by the Certification Board of Music Therapists or its successor
6.11organization; and
6.12(5) submit additional information as requested by the commissioner to clarify
6.13information presented in the renewal application.
6.14 Subd. 2. Renewal deadline. (a) Licenses must be renewed every five years.
6.15(b) Each license must state an expiration date.
6.16(c) A completed application for license renewal must be received by the
6.17commissioner or postmarked at least 14 days prior to the license expiration date.
6.18(d) If the commissioner changes the renewal schedule and the expiration date is less
6.19than five years, the fee at the next renewal must be prorated.
6.20(e) A completed application for license renewal not received within the time required
6.21under paragraph (c), but received on or before the expiration date, must be accompanied
6.22by a late fee in addition to the renewal fee in section 146C.45.
6.23 Subd. 3. Licensure renewal notice. At least 60 calendar days before the expiration
6.24date in subdivision 2, the commissioner must mail a renewal notice to the licensee's last
6.25known address on file with the commissioner. The notice must include an application for
6.26licensure renewal and notice of fees required for renewal. The licensee's failure to receive
6.27the notice does not relieve the licensee of the obligation to meet the renewal deadline and
6.28other requirements for licensure renewal.
6.29 Subd. 4. Failure to renew. (a) An individual who fails to renew a license shall
6.30forfeit the license. Licenses that have been forfeited may be restored within one year of
6.31the expiration date upon completion of the requirements in subdivision 1, and payment of
6.32the late fee in section 146C.45.
6.33(b) An individual who requests restoration of a license more than one year after the
6.34license expiration date shall be required to reapply for licensure as a new applicant and
6.35must comply with the requirements for new licensees at the time of application.
7.1 Subd. 5. Inactive status. (a) A licensee with an active license who is in good
7.2standing and has no disciplinary or other adverse action pending may make a written
7.3request to have the license placed on inactive status. The licensee shall be required to pay
7.4the inactive status fee in section 146C.45.
7.5(b) An individual whose license has been placed on inactive status for two years or
7.6less may reactivate the license by submitting the information required in subdivision 1.
7.7(c) An individual whose license has been placed on inactive status for more than
7.8two years must reapply for licensure as a new applicant and must comply with the
7.9requirements for new licensees at the time of application.
7.10 Sec. 7. [146C.30] CHANGE OF NAME, ADDRESS, OR EMPLOYMENT.
7.11A licensee who changes a name, address, or employment must inform the
7.12commissioner, in writing, of the change in name, address, employment, business address,
7.13or business telephone number within 30 days of the change. A change in name must
7.14be accompanied by a copy of a marriage certificate or court order. All notices or other
7.15correspondence mailed to or served on the licensee by the commissioner at the licensee's
7.16address on file with the commissioner shall be considered as having been received by the
7.17licensee.
7.18 Sec. 8. [146C.35] PRACTICE OF MUSIC THERAPY.
7.19(a) The practice of music therapy includes the specialized use of music and the
7.20materials of music to restore, maintain, and improve cognitive, psychological, social
7.21or emotional, affective, physical, sensory or sensorimotor, motor, communicative, and
7.22physiological areas of functioning.
7.23(b) A licensee may accept referrals from medical, developmental, mental health, or
7.24education professionals; family members; clients; or caregivers. Before providing music
7.25therapy services to a client for a medical, developmental, or mental health condition, the
7.26licensee shall consult with the client's physician, psychologist, primary care provider, or
7.27mental health professional to review the client's diagnosis, treatment needs, and treatment
7.28plan. During the provision of services to a client, the licensee shall collaborate with the
7.29client's treatment team.
7.30(c) A licensee shall conduct a music therapy assessment of a client to collect
7.31systematic, comprehensive, and accurate information necessary to determine the
7.32appropriate type of music therapy services to provide for the client.
8.1(d) A licensee shall develop an individualized treatment plan for the client that
8.2identifies goals, objectives, and potential strategies of music therapy services appropriate
8.3for the client.
8.4(e) A licensee shall carry out an individualized music therapy treatment plan in the
8.5least restrictive setting that is consistent with any other medical, developmental, mental
8.6health, or education services being provided to the client.
8.7(f) A licensee shall evaluate the client's response to music therapy and the
8.8individualized treatment plan and suggest modifications, as appropriate.
8.9(g) A licensee shall develop a plan for determining when the provision of music
8.10therapy services is no longer needed. The licensee shall consult with the client, any
8.11physician or other provider of health care or education of the client, any appropriate member
8.12of the family of the client, and any other person upon whom the client relies for support.
8.13(h) A licensee shall collaborate with and educate the client and the family or
8.14caregiver of the client about the needs of the client that are being addressed in music
8.15therapy and the manner in which the therapy addresses those needs.
8.16 Sec. 9. [146C.40] DISCIPLINARY ACTION.
8.17 Subdivision 1. Grounds for denial of license or discipline. The commissioner may
8.18revoke, suspend, deny, or refuse to issue or renew a license, or may discipline a licensee
8.19using any of the disciplinary actions listed in subdivision 3 on proof that the individual has:
8.20(1) procured or attempted to procure a license by fraud, deceit, misrepresentation,
8.21misleading omission, or material misstatement of fact;
8.22(2) been convicted of violating any state or federal law, rule, or regulation which
8.23directly relates to the practice of music therapy;
8.24(3) willfully or negligently acted in a manner inconsistent with the health or safety
8.25of persons in the individual's care;
8.26(4) had a credential to practice music therapy suspended or revoked, or has otherwise
8.27been subject to discipline relating to the individual's practice of music therapy in any
8.28other jurisdiction;
8.29(5) failed to perform services with reasonable judgment, skill, or safety due to the
8.30use of alcohol or drugs, or other physical or mental impairment;
8.31(6) violated any provisions of this chapter;
8.32(7) not cooperated with the commissioner or the advisory council in an investigation
8.33conducted according to subdivision 2;
8.34(8) engaged in dishonest, unethical, or unprofessional conduct in connection with
8.35the practice of music therapy that is likely to deceive, defraud, or harm the public;
9.1(9) engaged in abuse or fraudulent billing practices;
9.2(10) divided fees with, or paid or promised to pay a commission or part of a fee to,
9.3any person who contacts the music therapist for consultation or sends patients to the
9.4music therapist for treatment;
9.5(11) performed music therapy services in an incompetent or negligent manner or in a
9.6manner that falls below the community standard of care; or
9.7(12) engaged in the practice of music therapy without a valid license.
9.8 Subd. 2. Investigation of complaints. The commissioner, or the advisory council
9.9when authorized by the commissioner, may initiate an investigation upon receiving a
9.10complaint or other written or oral communication that alleges or implies that a person has
9.11violated the provisions of this chapter. In the receipt, investigation, and hearing of a
9.12complaint, the commissioner shall follow the procedures in section 214.13.
9.13 Subd. 3. Disciplinary actions. If the commissioner finds that a music therapist
9.14should be disciplined according to subdivision 1, the commissioner may take any one
9.15or more of the following actions:
9.16(1) refuse to grant or renew a license;
9.17(2) approve licensure with conditions;
9.18(3) revoke licensure;
9.19(4) suspend licensure;
9.20(5) any reasonable lesser action including, but not limited to, reprimand or restriction
9.21on licensure;
9.22(6) impose, for each violation, a civil penalty of not less than $100 nor more than
9.23$1,000 that deprives the licensee of any economic advantage gained by the violation and
9.24reimburses the commissioner for costs of the investigation and proceedings resulting
9.25in disciplinary action; or
9.26(7) any action authorized by statute.
9.27 Subd. 4. Authority to contract. The commissioner shall contract with the health
9.28professionals services program as authorized by sections 214.31 to 214.37 to provide
9.29services to practitioners under this chapter. The health professionals services program
9.30does not affect the authority to discipline violations of this chapter.
9.31 Sec. 10. [146C.45] FEES.
9.32(a) The fees charged by the commissioner are fixed at the following rates:
9.33(1) application fee, $.......;
9.34(2) initial licensure fee, $.......;
9.35(3) licensure renewal fee, $.......;
10.1(4) licensure renewal late fee, $.......;
10.2(5) inactive license fee, $.......; and
10.3(6) duplicate license fee, $........
10.4(b) The commissioner shall prorate the initial licensure fee for first time licensees
10.5according to the number of months that have elapsed between the date the license is issued
10.6and the date the license expires or must be renewed under section 146C.25.
10.7(c) All fees are nonrefundable.
10.8 Sec. 11. EFFECTIVE DATE.
10.9Sections 1 to 10 are effective July 1, 2014.
