HF 2366

as introduced - 89th Legislature (2015 - 2016) Posted on 03/16/2016 01:18pm

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

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

Section 1.

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 who 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 interventions. new text end

new text begin "Music interventions" means 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.
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 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. 2.

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 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) advise the commissioner on enforcement of the provisions contained in this
chapter;
new text end

new text begin (3) review applications and make recommendations to the commissioner on granting
or denying licensure or license renewal;
new text end

new text begin (4) review reports of investigations or complaints relating to individuals and make
recommendations to the commissioner as to whether licensure should be denied or
disciplinary action taken against the individual;
new text end

new text begin (5) provide for the distribution of information regarding music therapist licensure
standards;
new text end

new text begin (6) 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 (7) develop public education materials to inform the public of 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 (8) perform other duties authorized for advisory councils by chapter 214, as directed
by the commissioner.
new text end

Sec. 3.

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, 2017, no person
shall engage in the practice of music therapy unless the person is licensed as a music
therapist in accordance with 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 "music
therapy" 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 (c) Use of the term "registered music therapist," "certified music therapist," or
"advanced-certified music therapist" or similar titles or terms to indicate or imply that the
person is a licensed music therapist is prohibited unless the person is licensed under this
chapter and holds a current professional designation from the National Music Therapy
Registry.
new text end

new text begin Subd. 3. new text end

new text begin Exempt persons. new text end

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

new text begin (1) 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 (2) a person licensed, registered, or regulated under the laws of this state in another
profession or occupation, or a person supervised by a regulated professional in this state,
who is performing work, including the use of music, incidental to professional practice if
the person does not hold themselves out to the public as a music therapist;
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, if the student is not represented
as a music therapist;
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 the
specific training and certification of the specific music healing profession, if the person
does not hold themselves out to the public as a music therapist.
new text end

Sec. 4.

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) hold a bachelor's degree or higher in music therapy, or its equivalent, from
a program approved by the American Music Therapy Association or any successor
organization within an accredited college or university;
new text end

new text begin (3) successfully complete a minimum of 1,200 hours of clinical training, with at least
180 hours in pre-internship experiences and at least 900 hours in internship experiences,
provided that the internship is approved by an academic institution, the American Music
Therapy Association or any successor organization, or both;
new text end

new text begin (4) 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 on the part of the applicant;
new text end

new text begin (5) provide proof of passing the examination for board certification offered by the
Certification Board for Music Therapists or any successor organization; and
new text end

new text begin (6) provide proof that the applicant is currently a board-certified music therapist.
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 act on 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 which the applicant wants considered
in the reconsideration. After reconsideration of the commissioner's determination, the
commissioner shall determine whether the original determination should be affirmed
or modified. An applicant is allowed no more than one request in any two-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 when an applicant has completed and submitted an application upon
a form and in the manner prescribed by the commissioner, accompanied by applicable
fees, and 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. 5.

new text begin [148G.20] TRANSITION PERIOD; WAIVER OF EXAMINATION.
new text end

new text begin (a) The commissioner shall waive the examination requirement in section 148G.15,
subdivision 2, clause (5), for an applicant who is board-certified as a music therapist and is
in good standing with the Certification Board for Music Therapists as of July 1, 2016.
new text end

new text begin (b) Until January 1, 2020, the commissioner shall waive the examination requirement
in section 148G.15, subdivision 2, clause (5), for an applicant who is designated as a
registered music therapist, certified music therapist, or advanced certified music therapist
and is in good standing with the National Music Therapy Registry.
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 of the licensee's status as a board-certified music therapist;
new text end

new text begin (4) submit proof of completion of a minimum of 100 hours of continuing education
in a program approved by the Certification Board of Music Therapists or its successor
organization; and
new text end

new text begin (5) 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 five 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 or postmarked at least 14 days prior to 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 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) A licensee who fails to renew a license shall forfeit
the license. Licenses that have been forfeited may be restored within one year 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 restoration of a license more than one year after the
license expiration date shall be 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) A licensee with an active license who is in good
standing and has no disciplinary or other adverse action pending may make a written
request to have the license placed on inactive status. The licensee shall be required to pay
the inactive status fee in section 148G.45.
new text end

new text begin (b) 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

new text begin (c) A licensee whose license has been placed on inactive status for more than
two years must reapply for licensure as a new applicant and must comply with the
requirements for new licensees at the time of application.
new text end

Sec. 7.

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

new text begin A licensee who changes a 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 having been 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 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 groups. 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 diagnosis 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 collaborate, as applicable, with the client's
primary care provider or providers to review 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.
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.
new text end

new text begin (d) A licensed music therapist shall develop an individualized music therapy
treatment plan for the client that is based upon 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 these goals and objectives.
new text end

new text begin (e) A licensed music therapist shall implement an individualized music therapy
treatment plan that is consistent with any other developmental, rehabilitative, habilitative,
medical, mental health, preventive, wellness care, or educational services being provided
to the client.
new text end

new text begin (f) A licensed music therapist shall: (1) evaluate the client's response to music
therapy and the music therapy treatment plan; (2) document any change and the client's
progress; and (3) suggest modifications, as appropriate.
new text end

new text begin (g) A licensed music therapist shall develop a plan for determining when the
provision of music therapy services is no longer needed in collaboration with the client,
the client's health care provider, family members of the client, and other appropriate
individuals upon whom the client relies for support.
new text end

new text begin (h) 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

new text begin (i) 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 that are being addressed in music therapy and the manner in which the music
therapy treatment addresses those needs.
new text end

new text begin (j) A licensed music therapist shall utilize appropriate knowledge and skills when
providing music therapy services, including use of research, reasoning, and problem
solving skills to determine appropriate actions in the context of each specific clinical setting.
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 3 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 law, rule, or regulation which
directly relates to the practice of music therapy;
new text end

new text begin (3) 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 (4) 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 (5) 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 (6) violated any provisions of this chapter;
new text end

new text begin (7) not cooperated with the commissioner or the advisory council in an investigation
conducted according to subdivision 2;
new text end

new text begin (8) 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 (9) engaged in abuse or fraudulent billing practices;
new text end

new text begin (10) 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 (11) performed music therapy services in an incompetent or negligent manner or in a
manner that falls below the community standard of care; or
new text end

new text begin (12) 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 Investigation of complaints. new text end

new text begin The commissioner, or the advisory council
when authorized by the commissioner, may initiate an investigation upon receiving a
complaint or other written or oral communication that alleges or implies that a person has
violated the provisions of this chapter. In the receipt, investigation, and hearing of a
complaint, the commissioner shall follow the procedures in section 214.13.
new text end

new text begin Subd. 3. new text end

new text begin Disciplinary actions. new text end

new text begin If the commissioner finds that a music therapist
should be disciplined according to subdivision 1, the commissioner may take any 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 less than $100 nor 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. 4. 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 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 charged by the commissioner are fixed at the following rates:
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) All fees are nonrefundable.
new text end

Sec. 11. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 10 are effective July 1, 2016.
new text end