Bill Text: MN SF404 | 2013-2014 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.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 use
1.20of music interventions to accomplish individualized goals within a therapeutic relationship
1.21through development of an individualized music therapy treatment plan for the client that
1.22identifies the goals, objectives, and potential strategies of the music therapy services.
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; 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
2.12under section 15.059.
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 and make
2.22recommendations to the commissioner as to whether licensure should be denied or
2.23disciplinary 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.
3.1 Sec. 3. [146C.10] UNAUTHORIZED PRACTICE; PROTECTED TITLES;
3.2EXEMPT PERSONS.
3.3 Subdivision 1. Unlicensed practice prohibited. No person shall engage in the
3.4practice of music therapy unless the person is licensed as a music therapist in accordance
3.5with this chapter.
3.6 Subd. 2. Protected titles and restrictions on use. (a) Use of the term "music
3.7therapy" or "music therapist" or like titles or terms to indicate or imply that the person
3.8is licensed by the state as a music therapist is prohibited unless that person is licensed
3.9under this chapter.
3.10(b) Use of the term "board certified music therapist" or like terms to indicate or
3.11imply that the person is a licensed music therapist who is certified by the Certification
3.12Board for Music Therapists is prohibited unless the person is licensed under this chapter
3.13and holds a valid certification from the Certification Board for Music Therapists.
3.14(c) Use of the term "registered music therapist" or like terms to indicate or imply that
3.15the person is a licensed music therapist is prohibited unless the person is licensed under
3.16this chapter and holds a valid registration from the nationally recognized registration
3.17organization.
3.18 Subd. 3. Exempt persons. This section does not apply to:
3.19(1) a person employed as a music therapist by the government of the United States or
3.20any agency thereof. However, the use of the protected titles under those circumstances is
3.21allowed only in connection with performance of official duties for the federal government;
3.22(2) a person licensed, registered, or regulated under the laws of this state in another
3.23profession or occupation, or a person supervised by a regulated professional in this state,
3.24who is performing work, including the use of music, incidental to professional practice if
3.25the person does not hold oneself out as a music therapist;
3.26(3) any practice of music therapy as an integral part of a program of study for
3.27students enrolled in an accredited music therapy program, if the student is not represented
3.28as a music therapist; or
3.29(4) any person who practices music therapy under the supervision of a licensed
3.30music therapist, if the person is not represented as a music therapist.
3.31 Subd. 4. Transition period. A person who is employed providing music therapy
3.32services on the date of enactment of this chapter must obtain a license within one year. A
3.33person providing music therapy services during the transition year must comply with the
3.34provisions of this chapter.
4.1 Sec. 4. [146C.15] LICENSURE APPLICATION REQUIREMENTS;
4.2QUALIFICATIONS.
4.3 Subdivision 1. Application. An applicant for licensure must apply in writing on a
4.4form prescribed by the commissioner and submit the fee required in section 146C.45.
4.5 Subd. 2. Qualifications. An applicant for licensure must:
4.6(1) be 18 years of age or older;
4.7(2) hold a bachelor's degree or higher in music therapy, or its equivalent, from
4.8a program approved by the American Music Therapy Association or any successor
4.9organization within an accredited college or university;
4.10(3) successfully complete a minimum of 1,200 hours of clinical training, with at least
4.11180 hours in pre-internship experiences and at least 900 hours in internship experiences,
4.12provided that the internship is approved by an academic institution, the American Music
4.13Therapy Association or any successor organization, or both;
4.14(4) successfully pass a background check that includes a review of the applicant's
4.15music therapy licensure history in other jurisdictions, including a review of any alleged
4.16misconduct or neglect in the practice of music therapy on the part of the applicant; and
4.17(5) provide proof of passing the examination for board certification offered by the
4.18Certification Board for Music Therapists or any successor organization or provide proof of
4.19registration by the National Music Therapy Registry as a Registered Music Therapist, and
4.20provide proof that the applicant is currently a board certified or registered music therapist.
4.21 Subd. 3. Action on application for licensure. (a) The commissioner shall approve,
4.22approve with conditions, or deny licensure. The commissioner shall act on an application
4.23according to paragraphs (b) to (d).
4.24(b) The commissioner shall determine if the applicant meets the requirements for
4.25licensure. The commissioner, or the advisory council at the commissioner's request, may
4.26investigate information provided by the applicant to determine whether the information
4.27is accurate and complete.
4.28(c) The commissioner shall notify the applicant of action taken on the application,
4.29and if licensure is denied or approved with conditions, the grounds for the commissioner's
4.30determination.
4.31(d) An applicant denied licensure or granted licensure with conditions may make
4.32a written request to the commissioner, within 30 days of the date of the commissioner's
4.33determination, for reconsideration of the commissioner's determination. Individuals
4.34requesting reconsideration may submit information which the applicant wants considered
4.35in the reconsideration. After reconsideration of the commissioner's determination, the
4.36commissioner shall determine whether the original determination should be affirmed
5.1or modified. An applicant is allowed no more than one request in any two-year period
5.2for reconsideration of the commissioner's determination to deny licensure or approve
5.3licensure with conditions.
5.4 Subd. 4. Reciprocity. The commissioner shall issue a license to an applicant for a
5.5music therapy license when an applicant has completed and submitted an application upon
5.6a form and in the manner prescribed by the commissioner, accompanied by applicable
5.7fees, and evidence satisfactory to the commissioner that the applicant is licensed and in
5.8good standing as a music therapist in another jurisdiction where the qualifications required
5.9are equal to or greater than those required in this chapter at the date of application.
5.10 Sec. 5. [146C.20] TRANSITION PERIOD; WAIVER OF EXAMINATION.
5.11For one year following enactment of this chapter, the commissioner shall waive the
5.12examination requirement in section 146C.15, subdivision 2, clause (5), for an applicant
5.13who is:
5.14(1) board certified as a music therapist and is in good standing with the Certification
5.15Board for Music Therapists; or
5.16(2) designated as a registered music therapist, certified music therapist, or advanced
5.17certified music therapist and is in good standing with the National Music Therapy Registry.
5.18 Sec. 6. [146C.25] RENEWAL OF LICENSE; INACTIVE STATUS.
5.19 Subdivision 1. Renewal requirements. To be eligible for license renewal, a
5.20licensee must:
5.21(1) submit a completed and signed application for license renewal on a form
5.22provided by the commissioner;
5.23(2) submit the renewal fee required under section 146C.45;
5.24(3) provide written verification from the Certification Board for Music Therapists that
5.25the licensee has valid board certification credentials, or provide written verification from
5.26the National Music Therapy Registry that the licensee has valid registry credentials; and
5.27(4) submit additional information as requested by the commissioner to clarify
5.28information presented in the renewal application.
5.29 Subd. 2. Renewal deadline. (a) Licenses must be renewed every five years.
5.30(b) Each license must state an expiration date.
5.31(c) A completed application for license renewal must be received by the
5.32commissioner or postmarked at least 14 days prior to the license expiration date.
5.33(d) If the commissioner changes the renewal schedule and the expiration date is less
5.34than five years, the fee at the next renewal must be prorated.
6.1(e) A completed application for license renewal not received within the time required
6.2under paragraph (c), but received on or before the expiration date, must be accompanied
6.3by a late fee in addition to the renewal fee in section 146C.45.
6.4 Subd. 3. Licensure renewal notice. At least 60 calendar days before the expiration
6.5date in subdivision 2, the commissioner must mail a renewal notice to the licensee's last
6.6known address on file with the commissioner. The notice must include an application for
6.7licensure renewal and notice of fees required for renewal. The licensee's failure to receive
6.8the notice does not relieve the licensee of the obligation to meet the renewal deadline and
6.9other requirements for licensure renewal.
6.10 Subd. 4. Failure to renew. (a) An individual who fails to renew a license shall
6.11forfeit the license. Licenses that have been forfeited may be restored within one year of
6.12the expiration date upon completion of the requirements in subdivision 1, and payment of
6.13the late fee in section 146C.45.
6.14(b) An individual who requests restoration of a license more than one year after the
6.15license expiration date shall be required to reapply for licensure as a new applicant and
6.16must comply with the requirements for new licensees at the time of application.
6.17 Subd. 5. Inactive status. (a) A licensee with an active license who is in good
6.18standing and has no disciplinary or other adverse action pending may make a written
6.19request to have the license placed on inactive status. The licensee shall be required to pay
6.20the inactive status fee in section 146C.45.
6.21(b) An individual whose license has been placed on inactive status for two years or
6.22less may reactivate the license by submitting the information required in subdivision 1.
6.23(c) An individual whose license has been placed on inactive status for more than
6.24two years must reapply for licensure as a new applicant and must comply with the
6.25requirements for new licensees at the time of application.
6.26 Sec. 7. [146C.30] CHANGE OF NAME, ADDRESS, OR EMPLOYMENT.
6.27A licensee who changes a name, address, or employment must inform the
6.28commissioner, in writing, of the change in name, address, employment, business address,
6.29or business telephone number within 30 days of the change. A change in name must
6.30be accompanied by a copy of a marriage certificate or court order. All notices or other
6.31correspondence mailed to or served on the licensee by the commissioner at the licensee's
6.32address on file with the commissioner shall be considered as having been received by the
6.33licensee.
6.34 Sec. 8. [146C.35] PRACTICE OF MUSIC THERAPY.
7.1(a) The practice of music therapy includes the specialized use of music and the
7.2materials of music to restore, maintain, and improve cognitive, psychological, social
7.3or emotional, affective, physical, sensory or sensorimotor, motor, communicative, and
7.4physiological areas of functioning.
7.5(b) A licensee may accept referrals from medical, developmental, mental health, or
7.6education professionals; family members; clients; or caregivers. Before providing music
7.7therapy services to a client for a medical, developmental, or mental health condition, the
7.8licensee shall consult with the client's physician, psychologist, primary care provider, or
7.9mental health professional to review the client's diagnosis, treatment needs, and treatment
7.10plan. During the provision of services to a client, the licensee shall collaborate with the
7.11client's treatment team.
7.12(c) A licensee shall conduct a music therapy assessment of a client to collect
7.13systematic, comprehensive, and accurate information necessary to determine the
7.14appropriate type of music therapy services to provide for the client.
7.15(d) A licensee shall develop an individualized treatment plan for the client that
7.16identifies goals, objectives, and potential strategies of music therapy services appropriate
7.17for the client.
7.18(e) A licensee shall carry out an individualized music therapy treatment plan in the
7.19least restrictive setting that is consistent with any other medical, developmental, mental
7.20health, or education services being provided to the client.
7.21(f) A licensee shall evaluate the client's response to music therapy and the
7.22individualized treatment plan and suggest modifications, as appropriate.
7.23(g) A licensee shall develop a plan for determining when the provision of services
7.24is no longer needed. The licensee shall consult with the client, any physician or other
7.25provider of health care or education of the client, any appropriate member of the family of
7.26the client, and any other person upon whom the client relies for support.
7.27(h) A licensee shall collaborate with and educate the client and the family or
7.28caregiver of the client about the needs of the client that are being addressed in music
7.29therapy and the manner in which the therapy addresses those needs.
7.30 Sec. 9. [146C.40] DISCIPLINARY ACTION.
7.31 Subdivision 1. Grounds for denial of license or discipline. The commissioner may
7.32revoke, suspend, deny, or refuse to issue or renew a license, or may discipline a licensee
7.33using any of the disciplinary actions listed in subdivision 3 on proof that the individual has:
7.34(1) procured or attempted to procure a license by fraud, deceit, misrepresentation,
7.35misleading omission, or material misstatement of fact;
8.1(2) been convicted of violating any state or federal law, rule, or regulation which
8.2directly relates to the practice of music therapy;
8.3(3) willfully or negligently acted in a manner inconsistent with the health or safety
8.4of persons in the individual's care;
8.5(4) had a credential to practice music therapy suspended or revoked, or has otherwise
8.6been subject to discipline relating to the individual's practice of music therapy in any
8.7other jurisdiction;
8.8(5) failed to perform services with reasonable judgment, skill, or safety due to the
8.9use of alcohol or drugs, or other physical or mental impairment;
8.10(6) violated any provisions of this chapter;
8.11(7) not cooperated with the commissioner or the advisory council in an investigation
8.12conducted according to subdivision 2;
8.13(8) engaged in dishonest, unethical, or unprofessional conduct in connection with
8.14the practice of music therapy that is likely to deceive, defraud, or harm the public;
8.15(9) engaged in abuse or fraudulent billing practices;
8.16(10) divided fees with, or paid or promised to pay a commission or part of a fee to,
8.17any person who contacts the music therapist for consultation or sends patients to the
8.18music therapist for treatment;
8.19(11) performed music therapy services in an incompetent or negligent manner or in a
8.20manner that falls below the community standard of care; or
8.21(12) engaged in the practice of music therapy without a valid license.
8.22 Subd. 2. Investigation of complaints. The commissioner, or the advisory council
8.23when authorized by the commissioner, may initiate an investigation upon receiving a
8.24complaint or other written or oral communication that alleges or implies that a person has
8.25violated the provisions of this chapter. In the receipt, investigation, and hearing of a
8.26complaint, the commissioner shall follow the procedures in section 214.13.
8.27 Subd. 3. Disciplinary actions. If the commissioner finds that a music therapist
8.28should be disciplined according to subdivision 1, the commissioner may take any one
8.29or more of the following actions:
8.30(1) refuse to grant or renew a license;
8.31(2) approve licensure with conditions;
8.32(3) revoke licensure;
8.33(4) suspend licensure;
8.34(5) any reasonable lesser action including, but not limited to, reprimand or restriction
8.35on licensure;
9.1(6) impose, for each violation, a civil penalty of not less than $100 nor more than
9.2$1,000 that deprives the licensee of any economic advantage gained by the violation and
9.3reimburses the commissioner for costs of the investigation and proceedings resulting
9.4in disciplinary action; or
9.5(7) any action authorized by statute.
9.6 Subd. 4. Authority to contract. The commissioner shall contract with the health
9.7professionals services program as authorized by sections 214.31 to 214.37 to provide these
9.8services to practitioners under this chapter. The health professionals services program
9.9does not affect the authority to discipline violations of this chapter.
9.10 Sec. 10. [146C.45] FEES.
9.11(a) The fees charged by the commissioner are fixed at the following rates:
9.12(1) application fee, $.......;
9.13(2) initial licensure fee, $.......;
9.14(3) licensure renewal fee, $.......;
9.15(4) licensure renewal late fee, $.......;
9.16(5) inactive license fee, $.......; and
9.17(6) duplicate license fee, $........
9.18(b) The commissioner shall prorate the initial licensure fee for first time licensees
9.19according to the number of months that have elapsed between the date the license is issued
9.20and the date the license expires or must be renewed under section 146C.25.
9.21(c) All fees are nonrefundable.
9.22 Sec. 11. EFFECTIVE DATE.
9.23Sections 1 to 10 are effective the day following final enactment.
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 use
1.20of music interventions to accomplish individualized goals within a therapeutic relationship
1.21through development of an individualized music therapy treatment plan for the client that
1.22identifies the goals, objectives, and potential strategies of the music therapy services.
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; 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
2.12under section 15.059.
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 and make
2.22recommendations to the commissioner as to whether licensure should be denied or
2.23disciplinary 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.
3.1 Sec. 3. [146C.10] UNAUTHORIZED PRACTICE; PROTECTED TITLES;
3.2EXEMPT PERSONS.
3.3 Subdivision 1. Unlicensed practice prohibited. No person shall engage in the
3.4practice of music therapy unless the person is licensed as a music therapist in accordance
3.5with this chapter.
3.6 Subd. 2. Protected titles and restrictions on use. (a) Use of the term "music
3.7therapy" or "music therapist" or like titles or terms to indicate or imply that the person
3.8is licensed by the state as a music therapist is prohibited unless that person is licensed
3.9under this chapter.
3.10(b) Use of the term "board certified music therapist" or like terms to indicate or
3.11imply that the person is a licensed music therapist who is certified by the Certification
3.12Board for Music Therapists is prohibited unless the person is licensed under this chapter
3.13and holds a valid certification from the Certification Board for Music Therapists.
3.14(c) Use of the term "registered music therapist" or like terms to indicate or imply that
3.15the person is a licensed music therapist is prohibited unless the person is licensed under
3.16this chapter and holds a valid registration from the nationally recognized registration
3.17organization.
3.18 Subd. 3. Exempt persons. This section does not apply to:
3.19(1) a person employed as a music therapist by the government of the United States or
3.20any agency thereof. However, the use of the protected titles under those circumstances is
3.21allowed only in connection with performance of official duties for the federal government;
3.22(2) a person licensed, registered, or regulated under the laws of this state in another
3.23profession or occupation, or a person supervised by a regulated professional in this state,
3.24who is performing work, including the use of music, incidental to professional practice if
3.25the person does not hold oneself out as a music therapist;
3.26(3) any practice of music therapy as an integral part of a program of study for
3.27students enrolled in an accredited music therapy program, if the student is not represented
3.28as a music therapist; or
3.29(4) any person who practices music therapy under the supervision of a licensed
3.30music therapist, if the person is not represented as a music therapist.
3.31 Subd. 4. Transition period. A person who is employed providing music therapy
3.32services on the date of enactment of this chapter must obtain a license within one year. A
3.33person providing music therapy services during the transition year must comply with the
3.34provisions of this chapter.
4.1 Sec. 4. [146C.15] LICENSURE APPLICATION REQUIREMENTS;
4.2QUALIFICATIONS.
4.3 Subdivision 1. Application. An applicant for licensure must apply in writing on a
4.4form prescribed by the commissioner and submit the fee required in section 146C.45.
4.5 Subd. 2. Qualifications. An applicant for licensure must:
4.6(1) be 18 years of age or older;
4.7(2) hold a bachelor's degree or higher in music therapy, or its equivalent, from
4.8a program approved by the American Music Therapy Association or any successor
4.9organization within an accredited college or university;
4.10(3) successfully complete a minimum of 1,200 hours of clinical training, with at least
4.11180 hours in pre-internship experiences and at least 900 hours in internship experiences,
4.12provided that the internship is approved by an academic institution, the American Music
4.13Therapy Association or any successor organization, or both;
4.14(4) successfully pass a background check that includes a review of the applicant's
4.15music therapy licensure history in other jurisdictions, including a review of any alleged
4.16misconduct or neglect in the practice of music therapy on the part of the applicant; and
4.17(5) provide proof of passing the examination for board certification offered by the
4.18Certification Board for Music Therapists or any successor organization or provide proof of
4.19registration by the National Music Therapy Registry as a Registered Music Therapist, and
4.20provide proof that the applicant is currently a board certified or registered music therapist.
4.21 Subd. 3. Action on application for licensure. (a) The commissioner shall approve,
4.22approve with conditions, or deny licensure. The commissioner shall act on an application
4.23according to paragraphs (b) to (d).
4.24(b) The commissioner shall determine if the applicant meets the requirements for
4.25licensure. The commissioner, or the advisory council at the commissioner's request, may
4.26investigate information provided by the applicant to determine whether the information
4.27is accurate and complete.
4.28(c) The commissioner shall notify the applicant of action taken on the application,
4.29and if licensure is denied or approved with conditions, the grounds for the commissioner's
4.30determination.
4.31(d) An applicant denied licensure or granted licensure with conditions may make
4.32a written request to the commissioner, within 30 days of the date of the commissioner's
4.33determination, for reconsideration of the commissioner's determination. Individuals
4.34requesting reconsideration may submit information which the applicant wants considered
4.35in the reconsideration. After reconsideration of the commissioner's determination, the
4.36commissioner shall determine whether the original determination should be affirmed
5.1or modified. An applicant is allowed no more than one request in any two-year period
5.2for reconsideration of the commissioner's determination to deny licensure or approve
5.3licensure with conditions.
5.4 Subd. 4. Reciprocity. The commissioner shall issue a license to an applicant for a
5.5music therapy license when an applicant has completed and submitted an application upon
5.6a form and in the manner prescribed by the commissioner, accompanied by applicable
5.7fees, and evidence satisfactory to the commissioner that the applicant is licensed and in
5.8good standing as a music therapist in another jurisdiction where the qualifications required
5.9are equal to or greater than those required in this chapter at the date of application.
5.10 Sec. 5. [146C.20] TRANSITION PERIOD; WAIVER OF EXAMINATION.
5.11For one year following enactment of this chapter, the commissioner shall waive the
5.12examination requirement in section 146C.15, subdivision 2, clause (5), for an applicant
5.13who is:
5.14(1) board certified as a music therapist and is in good standing with the Certification
5.15Board for Music Therapists; or
5.16(2) designated as a registered music therapist, certified music therapist, or advanced
5.17certified music therapist and is in good standing with the National Music Therapy Registry.
5.18 Sec. 6. [146C.25] RENEWAL OF LICENSE; INACTIVE STATUS.
5.19 Subdivision 1. Renewal requirements. To be eligible for license renewal, a
5.20licensee must:
5.21(1) submit a completed and signed application for license renewal on a form
5.22provided by the commissioner;
5.23(2) submit the renewal fee required under section 146C.45;
5.24(3) provide written verification from the Certification Board for Music Therapists that
5.25the licensee has valid board certification credentials, or provide written verification from
5.26the National Music Therapy Registry that the licensee has valid registry credentials; and
5.27(4) submit additional information as requested by the commissioner to clarify
5.28information presented in the renewal application.
5.29 Subd. 2. Renewal deadline. (a) Licenses must be renewed every five years.
5.30(b) Each license must state an expiration date.
5.31(c) A completed application for license renewal must be received by the
5.32commissioner or postmarked at least 14 days prior to the license expiration date.
5.33(d) If the commissioner changes the renewal schedule and the expiration date is less
5.34than five years, the fee at the next renewal must be prorated.
6.1(e) A completed application for license renewal not received within the time required
6.2under paragraph (c), but received on or before the expiration date, must be accompanied
6.3by a late fee in addition to the renewal fee in section 146C.45.
6.4 Subd. 3. Licensure renewal notice. At least 60 calendar days before the expiration
6.5date in subdivision 2, the commissioner must mail a renewal notice to the licensee's last
6.6known address on file with the commissioner. The notice must include an application for
6.7licensure renewal and notice of fees required for renewal. The licensee's failure to receive
6.8the notice does not relieve the licensee of the obligation to meet the renewal deadline and
6.9other requirements for licensure renewal.
6.10 Subd. 4. Failure to renew. (a) An individual who fails to renew a license shall
6.11forfeit the license. Licenses that have been forfeited may be restored within one year of
6.12the expiration date upon completion of the requirements in subdivision 1, and payment of
6.13the late fee in section 146C.45.
6.14(b) An individual who requests restoration of a license more than one year after the
6.15license expiration date shall be required to reapply for licensure as a new applicant and
6.16must comply with the requirements for new licensees at the time of application.
6.17 Subd. 5. Inactive status. (a) A licensee with an active license who is in good
6.18standing and has no disciplinary or other adverse action pending may make a written
6.19request to have the license placed on inactive status. The licensee shall be required to pay
6.20the inactive status fee in section 146C.45.
6.21(b) An individual whose license has been placed on inactive status for two years or
6.22less may reactivate the license by submitting the information required in subdivision 1.
6.23(c) An individual whose license has been placed on inactive status for more than
6.24two years must reapply for licensure as a new applicant and must comply with the
6.25requirements for new licensees at the time of application.
6.26 Sec. 7. [146C.30] CHANGE OF NAME, ADDRESS, OR EMPLOYMENT.
6.27A licensee who changes a name, address, or employment must inform the
6.28commissioner, in writing, of the change in name, address, employment, business address,
6.29or business telephone number within 30 days of the change. A change in name must
6.30be accompanied by a copy of a marriage certificate or court order. All notices or other
6.31correspondence mailed to or served on the licensee by the commissioner at the licensee's
6.32address on file with the commissioner shall be considered as having been received by the
6.33licensee.
6.34 Sec. 8. [146C.35] PRACTICE OF MUSIC THERAPY.
7.1(a) The practice of music therapy includes the specialized use of music and the
7.2materials of music to restore, maintain, and improve cognitive, psychological, social
7.3or emotional, affective, physical, sensory or sensorimotor, motor, communicative, and
7.4physiological areas of functioning.
7.5(b) A licensee may accept referrals from medical, developmental, mental health, or
7.6education professionals; family members; clients; or caregivers. Before providing music
7.7therapy services to a client for a medical, developmental, or mental health condition, the
7.8licensee shall consult with the client's physician, psychologist, primary care provider, or
7.9mental health professional to review the client's diagnosis, treatment needs, and treatment
7.10plan. During the provision of services to a client, the licensee shall collaborate with the
7.11client's treatment team.
7.12(c) A licensee shall conduct a music therapy assessment of a client to collect
7.13systematic, comprehensive, and accurate information necessary to determine the
7.14appropriate type of music therapy services to provide for the client.
7.15(d) A licensee shall develop an individualized treatment plan for the client that
7.16identifies goals, objectives, and potential strategies of music therapy services appropriate
7.17for the client.
7.18(e) A licensee shall carry out an individualized music therapy treatment plan in the
7.19least restrictive setting that is consistent with any other medical, developmental, mental
7.20health, or education services being provided to the client.
7.21(f) A licensee shall evaluate the client's response to music therapy and the
7.22individualized treatment plan and suggest modifications, as appropriate.
7.23(g) A licensee shall develop a plan for determining when the provision of services
7.24is no longer needed. The licensee shall consult with the client, any physician or other
7.25provider of health care or education of the client, any appropriate member of the family of
7.26the client, and any other person upon whom the client relies for support.
7.27(h) A licensee shall collaborate with and educate the client and the family or
7.28caregiver of the client about the needs of the client that are being addressed in music
7.29therapy and the manner in which the therapy addresses those needs.
7.30 Sec. 9. [146C.40] DISCIPLINARY ACTION.
7.31 Subdivision 1. Grounds for denial of license or discipline. The commissioner may
7.32revoke, suspend, deny, or refuse to issue or renew a license, or may discipline a licensee
7.33using any of the disciplinary actions listed in subdivision 3 on proof that the individual has:
7.34(1) procured or attempted to procure a license by fraud, deceit, misrepresentation,
7.35misleading omission, or material misstatement of fact;
8.1(2) been convicted of violating any state or federal law, rule, or regulation which
8.2directly relates to the practice of music therapy;
8.3(3) willfully or negligently acted in a manner inconsistent with the health or safety
8.4of persons in the individual's care;
8.5(4) had a credential to practice music therapy suspended or revoked, or has otherwise
8.6been subject to discipline relating to the individual's practice of music therapy in any
8.7other jurisdiction;
8.8(5) failed to perform services with reasonable judgment, skill, or safety due to the
8.9use of alcohol or drugs, or other physical or mental impairment;
8.10(6) violated any provisions of this chapter;
8.11(7) not cooperated with the commissioner or the advisory council in an investigation
8.12conducted according to subdivision 2;
8.13(8) engaged in dishonest, unethical, or unprofessional conduct in connection with
8.14the practice of music therapy that is likely to deceive, defraud, or harm the public;
8.15(9) engaged in abuse or fraudulent billing practices;
8.16(10) divided fees with, or paid or promised to pay a commission or part of a fee to,
8.17any person who contacts the music therapist for consultation or sends patients to the
8.18music therapist for treatment;
8.19(11) performed music therapy services in an incompetent or negligent manner or in a
8.20manner that falls below the community standard of care; or
8.21(12) engaged in the practice of music therapy without a valid license.
8.22 Subd. 2. Investigation of complaints. The commissioner, or the advisory council
8.23when authorized by the commissioner, may initiate an investigation upon receiving a
8.24complaint or other written or oral communication that alleges or implies that a person has
8.25violated the provisions of this chapter. In the receipt, investigation, and hearing of a
8.26complaint, the commissioner shall follow the procedures in section 214.13.
8.27 Subd. 3. Disciplinary actions. If the commissioner finds that a music therapist
8.28should be disciplined according to subdivision 1, the commissioner may take any one
8.29or more of the following actions:
8.30(1) refuse to grant or renew a license;
8.31(2) approve licensure with conditions;
8.32(3) revoke licensure;
8.33(4) suspend licensure;
8.34(5) any reasonable lesser action including, but not limited to, reprimand or restriction
8.35on licensure;
9.1(6) impose, for each violation, a civil penalty of not less than $100 nor more than
9.2$1,000 that deprives the licensee of any economic advantage gained by the violation and
9.3reimburses the commissioner for costs of the investigation and proceedings resulting
9.4in disciplinary action; or
9.5(7) any action authorized by statute.
9.6 Subd. 4. Authority to contract. The commissioner shall contract with the health
9.7professionals services program as authorized by sections 214.31 to 214.37 to provide these
9.8services to practitioners under this chapter. The health professionals services program
9.9does not affect the authority to discipline violations of this chapter.
9.10 Sec. 10. [146C.45] FEES.
9.11(a) The fees charged by the commissioner are fixed at the following rates:
9.12(1) application fee, $.......;
9.13(2) initial licensure fee, $.......;
9.14(3) licensure renewal fee, $.......;
9.15(4) licensure renewal late fee, $.......;
9.16(5) inactive license fee, $.......; and
9.17(6) duplicate license fee, $........
9.18(b) The commissioner shall prorate the initial licensure fee for first time licensees
9.19according to the number of months that have elapsed between the date the license is issued
9.20and the date the license expires or must be renewed under section 146C.25.
9.21(c) All fees are nonrefundable.
9.22 Sec. 11. EFFECTIVE DATE.
9.23Sections 1 to 10 are effective the day following final enactment.
