SF 1748

as introduced - 87th Legislature (2011 - 2012) Posted on 02/10/2012 08:13am

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 146C.

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

Section 1.

new text begin [146C.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 146C.02.
new text end

new text begin Subd. 3. 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. 4. new text end

new text begin Music therapist board certified. new text end

new text begin "Music therapist board certified" means
an individual who has completed the education and clinical requirements established
by the American Music Therapy Association, has passed the Certification for Music
Therapists certification examination, and remains actively certified by the Certification
Board for Music Therapists.
new text end

new text begin Subd. 5. new text end

new text begin Music therapist. new text end

new text begin "Music therapist" means an individual who meets the
qualifications in section 146C.04 and is licensed by the commissioner.
new text end

new text begin Subd. 6. 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 within a therapeutic relationship
by a licensed professional who has completed an approved music therapy program.
new text end

Sec. 2.

new text begin [146C.02] 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 persons to the
Music Therapy Advisory Council consisting of the following:
new text end

new text begin (1) two public members, as defined in section 214.02. The public members shall
be either persons who have received music therapy services or family members of or
caregivers to such persons; and
new text end

new text begin (2) three members who have at least five years of experience in the state in the
practice of music therapy.
new text end

new text begin Subd. 2. 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 relating to individuals and make
recommendations to the commissioner as to whether licensure should be denied or
disciplinary action taken against the person;
new text end

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

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

Sec. 3.

new text begin [146C.03] LICENSURE; PROTECTED TITLES; EXEMPT PERSONS;
SANCTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Unlicensed practice prohibited. new text end

new text begin 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 terms or initials
"music therapy," "music therapist," "MT," "MT/L," or "LMT" or like title or initials 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 or initials "music therapist board certified/licensed" or
"MT-BC/L" or like title or initials to indicate or imply that a 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 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 agency thereof. However, the use of the protected titles under those circumstances is
allowed only in connection with performance of official duties for the federal government;
or
new text end

new text begin (2) a student enrolled in an accredited music therapy program who is participating
in supervised fieldwork or supervised coursework that is necessary to meet the licensure
requirements of this chapter, or who is designated by a title which clearly indicates
the person's status as a student trainee. Any use of the protected titles under these
circumstances is allowed only while the person is performing the duties of the supervised
fieldwork or supervised coursework.
new text end

new text begin Subd. 4. new text end

new text begin Transition period. new text end

new text begin A person who is employed providing music therapy
services on the date of enactment of this chapter must obtain a license within one year. A
person providing music therapy services during the transition year must comply with the
provisions of this chapter.
new text end

new text begin Subd. 5. new text end

new text begin Exemption. new text end

new text begin Nothing in this chapter shall prohibit the practice of any
profession or occupation licensed or registered by the state by any person licensed or
registered to practice the profession or occupation or to perform any act that falls within
the scope of practice of the profession or occupation.
new text end

Sec. 4.

new text begin [146C.04] 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 146C.09.
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 an
approved program by the American Music Therapy Association, or its successor, from 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 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, including a review of any alleged misconduct or neglect
in the practice of music therapy on the part of the applicant; and
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 its successor, or provide proof that the
applicant is currently board certified as a music therapist by the Certification Board for
Music Therapists or its successor.
new text end

Sec. 5.

new text begin [146C.05] TRANSITION PERIOD; WAIVER OF EXAMINATION.
new text end

new text begin For one year following enactment of this chapter, the commissioner shall waive the
examination requirement in section 146C.04, subdivision 2, clause (5), for an applicant
who is:
new text end

new text begin (1) board certified as a music therapist and is in good standing with the Certification
Board for Music Therapists; or
new text end

new text begin (2) 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 [146C.06] RENEWAL OF LICENSE; INACTIVE LICENSE.
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 form for license renewal on a form
provided by the commissioner;
new text end

new text begin (2) submit the renewal fee required under section 146C.09;
new text end

new text begin (3) provide proof of maintenance of the applicant's board certification credentials;
new text end

new text begin (4) provide proof of completion of a minimum of 100 hours of continuing education
in programs approved by the Certification Board for Music Therapists;
new text end

new text begin (5) provide proof of completion of a minimum of 100 hours of music therapy
practice; and
new text end

new text begin (6) 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.
Licensees must comply with the procedures in paragraphs (b) to (d).
new text end

new text begin (b) A completed application for license renewal must be received by the Department
of Health at least seven days prior to the license expiration date.
new text end

new text begin (c) A completed application for license renewal not received within the time required
under paragraph (b), but received on or before the expiration date, must be accompanied
by a late fee in addition to the renewal fee in section 146C.09.
new text end

new text begin (d) License renewals received after the expiration date shall not be accepted.
new text end

new text begin Subd. 3. new text end

new text begin Failure to renew. new text end

new text begin (a) An individual 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 146C.09.
new text end

new text begin (b) An individual who requests license renewal five or more years after the
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. 4. new text end

new text begin Inactive status. new text end

new text begin A licensee with an active license who is in good standing
and has no disciplinary or other adverse actions 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 146C.09. The license may be reactivated at any time
by making a written request to the commissioner and by fulfilling the requirements
established by the commissioner.
new text end

Sec. 7.

new text begin [146C.07] SCOPE OF PRACTICE.
new text end

new text begin Subdivision 1. new text end

new text begin Uses and techniques. new text end

new text begin (a) Music therapy is the specialized
use of music and the materials of music to restore, maintain, and improve cognitive,
psychological, social or emotional, affective, physical, sensory or sensorimotor, motor,
communicative, and physiological areas of functioning.
new text end

new text begin (b) Techniques used in the practice of music therapy include:
new text end

new text begin (1) the use of music to provide participatory individual and group experiences;
new text end

new text begin (2) therapeutic development of verbal skills and nonverbal behavior;
new text end

new text begin (3) receptive music learning;
new text end

new text begin (4) lyric discussions;
new text end

new text begin (5) memory recall;
new text end

new text begin (6) music and imagery;
new text end

new text begin (7) self-expression through composition and songwriting;
new text end

new text begin (8) socialization and enhancement of self-esteem through music performance;
new text end

new text begin (9) relaxation to music, including stress and pain management;
new text end

new text begin (10) learning through music;
new text end

new text begin (11) cultural and spiritual expression;
new text end

new text begin (12) development of fine and gross motor skills through responses to rhythm;
new text end

new text begin (13) respiratory and speech improvements through sound production; and
new text end

new text begin (14) sensory integration and stimulation.
new text end

new text begin Subd. 2. new text end

new text begin Practice. new text end

new text begin (a) A licensee may accept referrals for music therapy services
from physicians, psychologists, and other medical, developmental, or mental health
professionals, family members, clients, and caregivers. Before providing music therapy
services to a client for a medical or mental health condition, the licensee shall consult with
the client's physician, psychologist, primary care provider, or mental health professional to
review the client's diagnosis, treatment needs, and treatment plan.
new text end

new text begin (b) A licensee shall conduct a music therapy assessment of a client to collect
systematic, comprehensive, and accurate information necessary to determine the
appropriate type of music therapy services to provide for the client, including but
not limited to information related to a client's emotional and physical health, social
functioning, communication abilities, and cognitive skills based on the client's history and
observation of and interaction with the client in music and nonmusic settings.
new text end

new text begin (c) A licensee shall develop an individualized treatment plan for the client that
identifies the goals, objectives, and potential strategies of music therapy services
appropriate for the client.
new text end

new text begin (d) A licensee shall carry out an individualized treatment plan that is consistent with
any other medical, developmental, mental health, or education services being provided to
the client.
new text end

new text begin (e) A licensee shall evaluate and compare the client's response to music therapy and
the individualized treatment plan and suggest modifications as appropriate.
new text end

new text begin (f) A licensee shall develop a plan for determining when the provision of services
is no longer needed. The licensee shall consult with the client, any physician or other
provider of health care or education of the client, any appropriate member of the family of
the client, and any other appropriate person upon whom the client relies for support.
new text end

new text begin (g) A licensee shall collaborate with and educate the client and the family or
caregiver of the client about the needs of the client that are being addressed in music
therapy and the manner in which the music therapy addresses those needs.
new text end

Sec. 8.

new text begin [146C.08] 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 (a) 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) committed a fraudulent insurance act;
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) not cooperated 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; or
new text end

new text begin (10) engaged in abusive or fraudulent bill practices.
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 214.10.
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 not exceeding $1,000 that deprives the
licensee of any economic advantage gained by the violation and reimburses the Department
of Health 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 these
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. 9.

new text begin [146C.09] 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) licensure renewal fee, $.......;
new text end

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

new text begin (4) inactive license fee, $.......; and
new text end

new text begin (5) duplicate license fee, $.......
new text end

new text begin (b) All fees are nonrefundable.
new text end

Sec. 10. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 9 are effective the day following final enactment.
new text end