HF 3292

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/10/2022 02:07pm

A bill for an act
relating to health occupations; creating licensure for music therapists; imposing
fees and civil penalties; amending Minnesota Statutes 2020, section 144.0572,
subdivision 1; proposing coding for new law as Minnesota Statutes, chapter 148G.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2020, section 144.0572, subdivision 1, is amended to read:

Subdivision 1.

Criminal history background check requirements.

(a) Beginning
January 1, 2018, an applicant for initial licensure, temporary licensure, or relicensure after
a lapse in licensure as an audiologist deleted text begin or deleted text end new text begin , a new text end speech-language pathologist, new text begin or a music therapist,
new text end or an applicant for initial certification as a hearing instrument dispenser, must submit to a
criminal history records check of state data completed by the Bureau of Criminal
Apprehension (BCA) and a national criminal history records check, including a search of
the records of the Federal Bureau of Investigation (FBI).

(b) Beginning January 1, 2020, an applicant for a renewal license or certificate as an
audiologist, speech-language pathologist, new text begin music therapist, new text end or hearing instrument dispenser
who was licensed or obtained a certificate before January 1, 2018, must submit to a criminal
history records check of state data completed by the BCA and a national criminal history
records check, including a search of the records of the FBI.

(c) An applicant must submit to a background study under chapter 245C.

(d) The criminal history records check must be structured so that any new crimes that
an applicant or licensee or certificate holder commits after the initial background check are
flagged in the BCA's or FBI's database and reported back to the commissioner of human
services.

Sec. 2.

new text begin [148G.01] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin The terms defined in this section apply to this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Advisory council. new text end

new text begin "Advisory council" means the Music Therapy Advisory
Council established in section 148G.05.
new text end

new text begin Subd. 3. new text end

new text begin Board-certified music therapist. new text end

new text begin "Board-certified music therapist" means a
person who has completed the education and clinical training requirements established by
the American Music Therapy Association and holds current board certification from the
Certification Board for Music Therapists.
new text end

new text begin Subd. 4. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of health or a
designee.
new text end

new text begin Subd. 5. new text end

new text begin Music-based interventions. new text end

new text begin "Music-based interventions" means the use of
evidence-based approaches and techniques, including but not limited to music improvisation,
receptive music listening, song writing, lyric discussion, music and imagery, singing, music
performance, learning through music, music combined with other arts, music-assisted
relaxation, music-based patient education, electronic music intervention, and movement to
music that are implemented in the context of the practice of music therapy.
new text end

new text begin Subd. 6. new text end

new text begin Music therapist. new text end

new text begin "Music therapist" means a person who meets the qualifications
in section 148G.15 and is licensed by the commissioner.
new text end

new text begin Subd. 7. new text end

new text begin Music therapy. new text end

new text begin "Music therapy" means the clinical and evidence-based use of
music-based interventions to accomplish individualized goals for persons of all ages and
ability levels within a therapeutic relationship with a board-certified music therapist.
new text end

Sec. 3.

new text begin [148G.05] MUSIC THERAPY ADVISORY COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Membership. new text end

new text begin The commissioner shall appoint five members to the Music
Therapy Advisory Council consisting of the following:
new text end

new text begin (1) one member who is a licensed health care professional who is not a music therapist;
new text end

new text begin (2) one member who is a consumer; and
new text end

new text begin (3) three members who are licensed to practice as music therapists in this state.
new text end

new text begin Subd. 2. new text end

new text begin Creation. new text end

new text begin The advisory council shall be organized and administered under
section 15.059.
new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin The advisory council shall:
new text end

new text begin (1) advise the commissioner regarding standards for licensure of music therapists;
new text end

new text begin (2) review investigation summaries of competency violations and make recommendations
to the commissioner as to whether the allegations of incompetency are substantiated;
new text end

new text begin (3) provide for the distribution of information regarding music therapist licensure
standards;
new text end

new text begin (4) facilitate dissemination of information between music therapists, the American Music
Therapy Association or any successor organization, the Certification Board for Music
Therapists or any successor organization, and the commissioner;
new text end

new text begin (5) develop public education materials to inform the public on the benefits of music
therapy, the use of music therapy by individuals and in facilities or institutional settings,
and the licensure of music therapists; and
new text end

new text begin (6) perform other duties authorized for advisory councils under chapter 214, as directed
by the commissioner.
new text end

Sec. 4.

new text begin [148G.10] UNAUTHORIZED PRACTICE; PROTECTED TITLES; EXEMPT
PERSONS.
new text end

new text begin Subdivision 1. new text end

new text begin Unlicensed practice prohibited. new text end

new text begin Effective July 1, 2023, no person shall
engage in the practice of music therapy unless the person is licensed as a music therapist
under this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Protected titles and restrictions on use. new text end

new text begin (a) Use of the term "licensed music
therapist" or "music therapist" or similar titles or terms to indicate or imply that the person
is licensed by the state as a music therapist is prohibited unless that person is licensed under
this chapter.
new text end

new text begin (b) Use of the term "board-certified music therapist" or similar titles or terms to indicate
or imply that the person is a licensed music therapist who is certified by the Certification
Board for Music Therapists is prohibited unless the person is licensed under this chapter
and holds a valid certification from the Certification Board for Music Therapists.
new text end

new text begin Subd. 3. new text end

new text begin Exempt persons. new text end

new text begin This chapter does not apply to:
new text end

new text begin (1) any person who is licensed, registered, or certified under the laws of this state in
another profession or occupation who is performing services within that profession or
occupation in which the person is licensed, registered, or certified that may include the use
of music if the person does not represent themselves to the public as a music therapist. This
exception includes but is not limited to licensed physicians, psychologists, registered nurses,
advance practice registered nurses, professional counselors, social workers, occupational
therapists, alcohol and drug counselors, speech-language pathologists, audiologists, or
personnel supervised by a licensed professional;
new text end

new text begin (2) a person employed as a music therapist by the government of the United States or
any federal agency. A person who is exempt under this clause may use the protected titles
identified in subdivision 2, but only in connection with performing official duties for the
federal government;
new text end

new text begin (3) the practice of music therapy as an integral part of a program of study for students
enrolled in an accredited music therapy program;
new text end

new text begin (4) a person who practices music therapy under the supervision of a licensed music
therapist, if the person is not represented as a music therapist; or
new text end

new text begin (5) a person who is trained and certified by a nationally accredited certifying organization
as a music healing professional, and who practices within the scope of that specific training
and certification of the specific music healing profession, if the person does not represent
themselves to the public as a music therapist.
new text end

Sec. 5.

new text begin [148G.15] LICENSURE APPLICATION REQUIREMENTS;
QUALIFICATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin An applicant for licensure must apply in writing on a form
prescribed by the commissioner and submit the fee required in section 148G.45.
new text end

new text begin Subd. 2. new text end

new text begin Qualifications. new text end

new text begin An applicant for licensure must:
new text end

new text begin (1) be 18 years of age or older;
new text end

new text begin (2) successfully pass a background check that includes a review of the applicant's music
therapy licensure history in other jurisdictions, including a review of any alleged misconduct
or neglect in the practice of music therapy by the applicant;
new text end

new text begin (3) provide proof of passing the examination for board certification offered by the
Certification Board for Music Therapists or any successor organization or proof that the
applicant is in the process of becoming a board-certified music therapist;
new text end

new text begin (4) provide proof that the applicant is currently a board-certified music therapist; and
new text end

new text begin (5) comply with the criminal history background check requirements under section
144.0572.
new text end

new text begin Subd. 3. new text end

new text begin Action on application for licensure. new text end

new text begin (a) The commissioner shall approve,
approve with conditions, or deny licensure. The commissioner shall address an application
according to paragraphs (b) to (d).
new text end

new text begin (b) The commissioner shall determine if the applicant meets the requirements for
licensure. The commissioner, or the advisory council at the commissioner's request, may
investigate information provided by the applicant to determine whether the information is
accurate and complete.
new text end

new text begin (c) The commissioner shall notify the applicant of action taken on the application and,
if licensure is denied or approved with conditions, the grounds for the commissioner's
determination.
new text end

new text begin (d) An applicant denied licensure or granted licensure with conditions may make a
written request to the commissioner, within 30 days of the date of the commissioner's
determination, for reconsideration of the commissioner's determination. Individuals
requesting reconsideration may submit information that the applicant wants considered in
the reconsideration. After reconsideration of the commissioner's determination, the
commissioner shall determine whether the original determination is affirmed or modified.
An applicant is allowed no more than one request in any one-year period for reconsideration
of the commissioner's determination to deny licensure or approve licensure with conditions.
new text end

new text begin Subd. 4. new text end

new text begin Reciprocity. new text end

new text begin The commissioner shall issue a license to an applicant for a music
therapy license if an applicant has submitted:
new text end

new text begin (1) an application in a form and manner prescribed by the commissioner, accompanied
by applicable fees; and
new text end

new text begin (2) evidence satisfactory to the commissioner that the applicant is licensed and in good
standing as a music therapist in another jurisdiction where the qualifications required are
equal to or greater than those required in this chapter at the date of application.
new text end

Sec. 6.

new text begin [148G.25] RENEWAL OF LICENSE; INACTIVE STATUS.
new text end

new text begin Subdivision 1. new text end

new text begin Renewal requirements. new text end

new text begin To be eligible for license renewal, a licensee
must:
new text end

new text begin (1) submit a completed and signed application for license renewal on a form provided
by the commissioner;
new text end

new text begin (2) submit the renewal fee required under section 148G.45;
new text end

new text begin (3) provide proof that the licensee has maintained board certification as a board-certified
music therapist; and
new text end

new text begin (4) submit additional information as requested by the commissioner to clarify information
presented in the renewal application.
new text end

new text begin Subd. 2. new text end

new text begin Renewal deadline. new text end

new text begin (a) Licenses must be renewed every two years.
new text end

new text begin (b) Each license must state an expiration date.
new text end

new text begin (c) A completed application for license renewal must be received by the commissioner
at least 14 days before the license expiration date.
new text end

new text begin (d) A completed application for license renewal not received within the time required
under paragraph (c), but received on or before the expiration date, must be accompanied
by a late fee in addition to the renewal fee in section 148G.45.
new text end

new text begin Subd. 3. new text end

new text begin Licensure renewal notice. new text end

new text begin At least 60 calendar days before the expiration date
in subdivision 2, the commissioner must mail or e-mail a renewal notice to the licensee's
last known address on file with the commissioner. The notice must include an application
for licensure renewal and notice of fees required for renewal. The licensee's failure to receive
the notice does not relieve the licensee of the obligation to meet the renewal deadline and
other requirements for licensure renewal.
new text end

new text begin Subd. 4. new text end

new text begin Failure to renew. new text end

new text begin (a) If a licensee fails to renew a license, the license lapses.
The license may be restored within four years of the expiration date upon completion of the
requirements in subdivision 1 and payment of the late fee in section 148G.45.
new text end

new text begin (b) A person who requests reinstatement of a lapsed license more than four years after
the license expiration date is required to reapply for licensure as a new applicant and must
comply with the requirements for new licensees at the time of application.
new text end

new text begin Subd. 5. new text end

new text begin Inactive status. new text end

new text begin A licensee whose license has been placed on inactive status
for two years or less may reactivate the license by submitting the information required in
subdivision 1.
new text end

Sec. 7.

new text begin [148G.30] CHANGE OF NAME, ADDRESS, OR EMPLOYMENT.
new text end

new text begin A licensee with a change of name, address, or employment must inform the commissioner,
in writing, of the change in name, address, employment, business address, or business
telephone number within 30 days of the change. A change in name must be accompanied
by a copy of a marriage certificate or court order. All notices or other correspondence mailed
to or served on the licensee by the commissioner at the licensee's address on file with the
commissioner shall be considered as received by the licensee.
new text end

Sec. 8.

new text begin [148G.35] PRACTICE OF MUSIC THERAPY.
new text end

new text begin (a) The practice of music therapy includes the clinical and evidence-based use of
music-based interventions to accomplish individualized goals for persons of all ages and
ability levels within a therapeutic relationship by a licensed music therapist. A licensed
music therapist shall develop music therapy treatment plans specific to the needs and
strengths of the client who may be seen individually or in a group. Music therapy treatment
plans must be individualized for each client. The goals, objectives, and potential strategies
of the music therapy services must be appropriate for the client and setting. The practice of
music therapy does not include the screening, diagnosis, or assessment of any physical,
mental, or communication disorder.
new text end

new text begin (b) A licensed music therapist may accept referrals for music therapy services from
medical, developmental, mental health, or education professionals; family members; clients;
caregivers; or others involved and authorized to provide services to the client. Before
providing music therapy services to a client for an identified clinical or developmental need,
the licensee shall review with the health care provider or providers involved in the client's
care the client's diagnosis, treatment needs, and treatment plan. Before providing music
therapy services to a client who is a student for an identified educational need, the licensee
shall review with the client's IFSP or IEP team the client's diagnosis, treatment needs, and
treatment plan. During the provision of music therapy services to a client, the licensee shall
collaborate, as applicable, with the client's treatment team, including physicians,
psychologists, licensed clinical social workers, or other mental health professionals who
may be working with the client. During the provision of music therapy services to a client
with a communication disorder, the licensee shall discuss and collaborate the music therapy
treatment plan with the client's audiologist or speech-language pathologist.
new text end

new text begin (c) A licensed music therapist shall conduct a music therapy assessment of a client to
determine if treatment is indicated. If treatment is indicated, the licensee shall collect
systematic, comprehensive, and accurate information to determine the appropriateness and
type of music therapy services to provide for the client. A licensed music therapist shall use
appropriate knowledge and skills when providing music therapy services, including the use
of research, reasoning, and problem-solving skills to determine appropriate actions in the
context of each specific clinical setting.
new text end

new text begin (d) A licensed music therapist shall develop an individualized music therapy treatment
plan for the client based on the results of the music therapy assessment. The music therapy
treatment plan shall include individualized goals and objectives that focus on the assessed
needs and strengths of the client and shall specify music therapy approaches and interventions
to be used to address the goals and objectives. The individualized music therapy treatment
plan must be consistent with any other developmental, rehabilitative, habilitative, medical,
mental health, preventive, wellness care, or educational services being provided to the client.
When providing music therapy services, the licensee shall not replace services provided by
an audiologist or speech-language pathologist.
new text end

new text begin (e) A licensed music therapist shall evaluate on an ongoing basis the client's response
to music therapy and to the music therapy treatment plan, document the client's progress,
and make modifications to the plan, as appropriate. A licensed music therapist shall determine
when music therapy services are no longer needed in collaboration with the client, the client's
health care provider or providers, family members of the client, and other appropriate
individuals upon whom the client relies for support.
new text end

new text begin (f) A licensed music therapist shall collaborate with and educate the client and the client's
family, caregiver, and any other appropriate individual regarding the needs of the client
being addressed in music therapy and the manner in which the music therapy treatment
addresses those needs. A licensed music therapist shall minimize any barriers to ensure that
the client receives music therapy services in the least restrictive environment.
new text end

Sec. 9.

new text begin [148G.40] DISCIPLINARY ACTION.
new text end

new text begin Subdivision 1. new text end

new text begin Grounds for denial of license or discipline. new text end

new text begin The commissioner may
revoke, suspend, deny, or refuse to issue or renew a license, or may discipline a licensee
using any of the disciplinary actions listed in subdivision 5, on proof that the individual has:
new text end

new text begin (1) procured or attempted to procure a license by fraud, deceit, misrepresentation,
misleading omission, or material misstatement of fact;
new text end

new text begin (2) been convicted of violating any state or federal statute, rule, or regulation that directly
relates to the practice of music therapy;
new text end

new text begin (3) been convicted of a felony-level criminal sexual offense. Any applicant or licensee
who has been convicted of any of the provisions of section 609.342, subdivision 1; 609.343,
subdivision 1; 609.344, subdivision 1; or 609.345, subdivision 1; or a similar statute in
another jurisdiction is not eligible for a license or license renewal;
new text end

new text begin (4) willfully or negligently acted in a manner inconsistent with the health or safety of
persons in the individual's care;
new text end

new text begin (5) had a credential to practice music therapy suspended or revoked, or has otherwise
been subject to discipline relating to the individual's practice of music therapy in any other
jurisdiction;
new text end

new text begin (6) failed to perform services with reasonable judgment, skill, or safety due to the use
of alcohol or drugs or other physical or mental impairment;
new text end

new text begin (7) violated any provisions of this chapter;
new text end

new text begin (8) failed to cooperate with the commissioner or the advisory council in an investigation
conducted according to subdivision 2;
new text end

new text begin (9) engaged in dishonest, unethical, or unprofessional conduct in connection with the
practice of music therapy that is likely to deceive, defraud, or harm the public;
new text end

new text begin (10) engaged in abuse or fraudulent billing practices;
new text end

new text begin (11) divided fees with or paid or promised to pay a commission or part of a fee to any
person who contacts the music therapist for consultation or sends patients to the music
therapist for treatment;
new text end

new text begin (12) performed music therapy services in an incompetent or negligent manner or in a
manner that falls below the community standard of care;
new text end

new text begin (13) failed to observe infection control protocols regarding the disinfection of musical
instruments used by the client;
new text end

new text begin (14) failed to comply with safety protocols regarding the transport needs and necessary
physical support of a client; or
new text end

new text begin (15) engaged in the practice of music therapy without a valid license.
new text end

new text begin Subd. 2. new text end

new text begin Complaints. new text end

new text begin (a) The commissioner shall establish operating procedures for
receiving and investigating complaints and imposing disciplinary or corrective action
consistent with the notifications and resolution provisions in section 214.103, subdivision
1a.
new text end

new text begin (b) The operating procedures may include procedures for sharing complaint information
with government agencies in Minnesota and other states. Procedures for sharing complaint
information must be consistent with the requirements for handling government data in
chapter 13.
new text end

new text begin Subd. 3. new text end

new text begin Discovery. new text end

new text begin In all matters relating to the lawful regulation of activities under
this chapter, the commissioner may issue subpoenas to require the attendance and testimony
of witnesses and production of books, records, correspondence, and other information
relevant to any matter involved in the investigation. All information pertaining to individual
medical records obtained under this section is health data under section 13.3805, subdivision
1.
new text end

new text begin Subd. 4. new text end

new text begin Hearings. new text end

new text begin If the commissioner proposes to take action against a licensee as
described in subdivision 5, the commissioner must first notify the person against whom the
action is proposed to be taken and provide the person with an opportunity to request a
hearing under the contested case provisions of chapter 14. Service of a notice of disciplinary
action may be made personally or by certified or first class mail, return receipt requested.
If the person does not request a hearing by notifying the commissioner within 30 days after
service of the notice of the proposed action, the commissioner may proceed with the action
without a hearing.
new text end

new text begin Subd. 5. new text end

new text begin Disciplinary actions. new text end

new text begin If the commissioner finds that a music therapist has
violated any provision of this chapter, the commissioner may take one or more of the
following actions:
new text end

new text begin (1) refuse to grant or renew a license;
new text end

new text begin (2) approve licensure with conditions;
new text end

new text begin (3) revoke licensure;
new text end

new text begin (4) suspend licensure;
new text end

new text begin (5) any reasonable lesser action, including but not limited to reprimand or restriction on
licensure;
new text end

new text begin (6) impose, for each violation, a civil penalty of not more than $1,000 that deprives the
licensee of any economic advantage gained by the violation and reimburses the commissioner
for costs of the investigation and proceedings resulting in disciplinary action; or
new text end

new text begin (7) any action authorized by statute.
new text end

new text begin Subd. 6. new text end

new text begin Authority to contract. new text end

new text begin The commissioner shall contract with the health
professionals services program as authorized by sections 214.31 to 214.37 to provide services
to practitioners under this chapter. The health professionals services program does not affect
the commissioner's authority to discipline violations of this chapter.
new text end

Sec. 10.

new text begin [148G.45] FEES.
new text end

new text begin (a) The fees established by the commissioner shall not exceed the following amounts:
new text end

new text begin (1) application fee, $.......;
new text end

new text begin (2) initial licensure fee, $.......;
new text end

new text begin (3) licensure renewal fee, $.......;
new text end

new text begin (4) licensure renewal late fee, $.......;
new text end

new text begin (5) inactive license fee, $.......; and
new text end

new text begin (6) duplicate license fee, $........
new text end

new text begin (b) The commissioner shall prorate the initial licensure fee for first-time licensees
according to the number of months that have elapsed between the date the license is issued
and the date the license expires or must be renewed under section 148G.25.
new text end

new text begin (c) Fees are nonrefundable.
new text end

new text begin (d) Fees received under this chapter shall be deposited in the state government special
revenue fund.
new text end

Sec. 11. new text begin INITIAL MUSIC THERAPY ADVISORY COUNCIL.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, section 148G.05, the first music therapist
members appointed to the Music Therapy Advisory Council need not be licensed under
Minnesota Statutes, chapter 148G, but must meet the qualifications for licensure under
Minnesota Statutes, section 148G.15. The commissioner shall make the initial appointments
to the Music Therapy Advisory Council by September 1, 2022.
new text end

new text begin (b) The commissioner of health shall convene the first meeting of the Music Therapy
Advisory Council by October 1, 2022.
new text end

Sec. 12. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 11 are effective July 1, 2022.
new text end