1.1 	A bill for an act
1.2 	relating to health occupations; creating licensure for music therapists; establishing 
1.3 	fees; imposing civil penalties;amending Minnesota Statutes 2022, section 144.0572, 
1.4 	subdivision 1; proposing coding for new law as Minnesota Statutes, chapter 148G.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2022, section 144.0572, subdivision 1, is amended to read:
1.7 		Subdivision 1.Criminal history background check requirements. (a) Beginning 
1.8 	January 1, 2018, An applicant for initial licensure, temporary licensure, or relicensure after 
1.9 	a lapse in licensure as an audiologist or, speech-language pathologist, music therapist, or 
1.10 	an applicant for initial certification as a hearing instrument dispenser, must submit to a 
1.11 	criminal history records check of state data completed by the Bureau of Criminal 
1.12 	Apprehension (BCA) and a national criminal history records check, including a search of 
1.13 	the records of the Federal Bureau of Investigation (FBI).
1.14 	(b) Beginning January 1, 2020, An applicant for a renewal license or certificate as an 
1.15 	audiologist, speech-language pathologist, music therapist, or hearing instrument dispenser 
1.16 	who was licensed or obtained a certificate before January 1, 2018, must submit to a criminal 
1.17 	history records check of state data completed by the BCA and a national criminal history 
1.18 	records check, including a search of the records of the FBI.
1.19 	(c) An applicant must submit to a background study under chapter 245C.
1.20 	(d) The criminal history records check must be structured so that any new crimes that 
1.21 	an applicant or licensee or certificate holder commits after the initial background check are 
1.22 	flagged in the BCA's or FBI's database and reported back to the commissioner of human 
1.23 	services.

2.1 	EFFECTIVE DATE. This section is effective January 1, 2025.

2.2 	Sec. 2. [148G.01] SCOPE.
2.3 	Sections 148G.01 to 148G.16 apply to individuals who are applicants for licensure, who 
2.4 	are licensed, who use protected titles, or who represent that they are licensed as music 
2.5 	therapists.

2.6 	EFFECTIVE DATE. This section is effective July 1, 2024.

2.7 	Sec. 3. [148G.02] DEFINITIONS.
2.8 		Subdivision 1.Scope. The following terms have the meanings given them and apply to 
2.9 	this chapter.
2.10 		Subd. 2.Advisory council. "Advisory council" means the Music Therapy Advisory 
2.11 	Council established in section 148G.03.
2.12 		Subd. 3.Board-certified music therapist. "Board-certified music therapist" means an 
2.13 	individual who holds a current board certification from the Certification Board for Music 
2.14 	Therapists.
2.15 		Subd. 4.Commissioner. "Commissioner" means the commissioner of health or a 
2.16 	designee.
2.17 		Subd. 5.License or licensed. "License" or "licensed" means the act or status of a person 
2.18 	who meets the requirements of general licensure under section 148G.06, temporary licensure 
2.19 	under section 148G.08, or licensure by reciprocity under section 148G.09.
2.20 		Subd. 6.Licensed professional music therapist or LPMT. "Licensed professional 
2.21 	music therapist" or "LPMT" means an individual licensed to practice music therapy pursuant 
2.22 	to this chapter.
2.23 		Subd. 7.Music-based interventions. "Music-based interventions" means the use of 
2.24 	evidence-based approaches and techniques implemented in the context of the practice of 
2.25 	music therapy, including but not limited to music improvisation, receptive music listening, 
2.26 	song writing, lyric discussion, music and imagery, singing, music performance, learning 
2.27 	through music, music combined with other arts, music-assisted relaxation, music-based 
2.28 	patient education, electronic music intervention, and movement to music.
2.29 		Subd. 8.Practice of music therapy. (a) "Practice of music therapy" means the clinical 
2.30 	and evidence-based use of music-based interventions to accomplish individualized goals 
3.1 	for persons of all ages and ability levels within a therapeutic relationship provided by a 
3.2 	licensed professional music therapist.
3.3 	(b) The practice of music therapy includes developing individualized music therapy 
3.4 	treatment plans specific to the needs and strengths of the client or clients treated individually 
3.5 	or in groups in a manner appropriate for the specific client and setting.
3.6 	(c) The practice of music therapy does not include the screening, diagnosis, or assessment 
3.7 	of any physical, mental, or communication disorder.
3.8 		Subd. 9.Temporary licensure. "Temporary licensure" means the method of licensure 
3.9 	described in section 148G.08, by which an individual who has completed an approved or 
3.10 	accredited education program, but has not met the examination requirements, may practice 
3.11 	music therapy on a temporary basis.

3.12 	EFFECTIVE DATE. This section is effective July 1, 2024.

3.13 	Sec. 4. [148G.03] MUSIC THERAPY ADVISORY COUNCIL.
3.14 		Subdivision 1.Establishment. The Music Therapy Advisory Council is hereby 
3.15 	established.
3.16 		Subd. 2.Membership. The commissioner shall appoint six members to the Music 
3.17 	Therapy Advisory Council consisting of the following:
3.18 	(1) three professional music therapists licensed under this chapter, which must include:
3.19 	(i) at least one licensed professional music therapist member who is currently and for 
3.20 	five years immediately preceding their appointment has been engaged in the practice of 
3.21 	music therapy in this state;
3.22 	(ii) at least one licensed professional music therapist member employed outside the 
3.23 	seven-county metropolitan area; and
3.24 	(iii) licensed professional music therapist members who are each employed in a different 
3.25 	practice area or employment setting, including but not limited to hospitals, rehabilitation 
3.26 	settings, education settings, private practice, and government agencies; and
3.27 	(2) three public members, as defined in section 214.02, which must include:
3.28 	(i) two public members who are either personally receiving music therapy services or 
3.29 	are family members of or caregivers to a person receiving music therapy services; and
4.1 	(ii) at least one public member who is a professional from a related profession, including 
4.2 	but not limited to the professions of speech-language pathology, registered hospice nursing, 
4.3 	special education services, and psychology.
4.4 		Subd. 3.Administration. (a) The advisory council is organized and administered under 
4.5 	section 15.059.
4.6 	(b) Upon request of the advisory council, the commissioner must provide meeting space 
4.7 	and administrative services for the council.
4.8 	(c) The members of the advisory council must elect a chair from members of the advisory 
4.9 	council at the initial meeting.
4.10 		Subd. 4.Term limits. Advisory council members must not serve for more than two full 
4.11 	consecutive terms.
4.12 		Subd. 5.Recommendations for appointment. The Music Therapy Association of 
4.13 	Minnesota and other interested persons and organizations may recommend to the 
4.14 	commissioner members qualified for appointment to fill a vacancy or anticipated vacancy 
4.15 	to the council. Recommendations under this subdivision must be communicated to the 
4.16 	commissioner no later than 60 days after a position on the board becomes vacant. The 
4.17 	commissioner may appoint members to the board from the list of persons recommended or 
4.18 	from among other qualified candidates.
4.19 		Subd. 6.Duties. The advisory council shall:
4.20 	(1) advise the commissioner regarding music therapy licensure standards;
4.21 	(2) advise the commissioner regarding enforcement of this chapter;
4.22 	(3) review investigation summaries of competency violations and make recommendations 
4.23 	to the commissioner as to whether the allegations of incompetency are substantiated;
4.24 	(4) provide for the distribution of information regarding music therapist licensure 
4.25 	standards;
4.26 	(5) review applications and make recommendations to the commissioner on granting or 
4.27 	denying licensure or licensure renewal;
4.28 	(6) review reports of investigations relating to individuals and make recommendations 
4.29 	to the commissioner as to whether licensure should be denied or disciplinary action should 
4.30 	be taken against the individual; and
4.31 	(7) perform other duties authorized for advisory councils under chapter 214, as directed 
4.32 	by the commissioner.
5.1 		Subd. 7.Initial Music Therapy Advisory Council. (a) The first music therapist members 
5.2 	appointed to the Music Therapy Advisory Council need not be licensed under this chapter 
5.3 	but must meet the qualifications for licensure under section 148G.06. The commissioner 
5.4 	shall make the initial appointments to the Music Therapy Advisory Council by August 1, 
5.5 	2024.
5.6 	(b) The commissioner shall convene the first meeting of the Music Therapy Advisory 
5.7 	Council by September 1, 2024.
5.8 		Subd. 8.Expiration. Notwithstanding section 15.059, the advisory council does not 
5.9 	expire.

5.10 	EFFECTIVE DATE. This section is effective July 1, 2024.

5.11 	Sec. 5. [148G.04] UNAUTHORIZED PRACTICE; PROTECTED TITLES; EXEMPT 
5.12 	PERSONS.
5.13 		Subdivision 1.Unlicensed practice prohibited. Effective January 1, 2025, no person 
5.14 	shall engage in the practice of music therapy unless the person is licensed as a music therapist 
5.15 	under this chapter.
5.16 		Subd. 2.Protected titles and restrictions on use. (a) Use of the term "licensed music 
5.17 	therapist," "music therapist," "licensed professional music therapist," "LPMT," or similar 
5.18 	titles or terms to indicate or imply that the person is licensed by the state as a music therapist 
5.19 	is prohibited unless that person is licensed under this chapter.
5.20 	(b) Use of the term "board-certified music therapist" or similar titles or terms to indicate 
5.21 	or imply that the person is a licensed music therapist who is certified by the Certification 
5.22 	Board for Music Therapists is prohibited unless the person is licensed under this chapter 
5.23 	and holds a valid certification from the Certification Board for Music Therapists.
5.24 		Subd. 3.Exempt persons. This chapter does not apply to:
5.25 	(1) any person who is licensed, registered, or certified under the laws of this state in 
5.26 	another profession or occupation who is performing services including the use of music 
5.27 	incidental to the practice of that profession or occupation in which the person is licensed, 
5.28 	registered, or certified if the person does not represent themselves to the public as a music 
5.29 	therapist. This exception includes but is not limited to licensed physicians, psychologists, 
5.30 	registered nurses, advance practice registered nurses, professional counselors, social workers, 
5.31 	occupational therapists, alcohol and drug counselors, speech-language pathologists, 
5.32 	audiologists, or personnel supervised by a licensed professional;
6.1 	(2) a person employed as a music therapist by the government of the United States or 
6.2 	any federal agency. A person who is exempt under this clause may use the protected titles 
6.3 	identified in subdivision 2, but only in connection with performing official duties for the 
6.4 	federal government;
6.5 	(3) the practice of music therapy as an integral part of a program of study for students 
6.6 	enrolled in an accredited music therapy program;
6.7 	(4) a person who practices music therapy under the supervision of a licensed professional 
6.8 	music therapist, if the person is not represented as a music therapist; or
6.9 	(5) a person who is trained and certified by a nationally accredited certifying organization 
6.10 	as a music healing professional and who practices within the scope of the specific training 
6.11 	and certification of the specific music healing profession, if the person does not represent 
6.12 	themselves to the public as a music therapist.

6.13 	EFFECTIVE DATE. This section is effective July 1, 2024.

6.14 	Sec. 6. [148G.05] LICENSURE QUALIFICATIONS.
6.15 	(a) An applicant for licensure must comply with the relevant application requirements 
6.16 	for general licensure under section 148G.06, temporary licensure under section 148G.08, 
6.17 	or licensure by reciprocity under section 148G.09.
6.18 	(b) To qualify for licensure, an applicant must not be subject to denial of licensure under 
6.19 	section 148G.15 and must satisfy one of the following:
6.20 	(1) meet the general licensure requirements in section 148G.06;
6.21 	(2) meet the temporary licensure requirements in section 148G.08; or
6.22 	(3) meet the licensure by reciprocity requirements in section 148G.09.

6.23 	EFFECTIVE DATE. This section is effective July 1, 2024.

6.24 	Sec. 7. [148G.06] GENERAL LICENSURE PROCEDURES.
6.25 	(a) An applicant for licensure must:
6.26 	(1) be 18 years of age or older;
6.27 	(2) have completed all academic and fieldwork to obtain a bachelor's degree or higher 
6.28 	in music therapy, or its equivalent, from a music therapy program at a college or university 
6.29 	approved or accredited by the American Music Therapy Association; and
7.1 	(3) have passed the examination for board certification offered by the Certification Board 
7.2 	for Music Therapists or any successor organization or have been transitioned into board 
7.3 	certification.
7.4 	(b) The applicant is responsible for making all arrangements and incurring all expenses 
7.5 	for taking the board certification examination under paragraph (a), clause (3). The applicant 
7.6 	must send their examination scores under paragraph (a), clause (3), directly to the 
7.7 	commissioner.

7.8 	EFFECTIVE DATE. This section is effective July 1, 2024.

7.9 	Sec. 8. [148G.07] GENERAL APPLICATION REQUIREMENTS.
7.10 		Subdivision 1.Application for general licensure. (a) An applicant for general licensure 
7.11 	must submit:
7.12 	(1) a completed application in writing on a form prescribed by the commissioner;
7.13 	(2) documentation of current board certification by the Certification Board of Music 
7.14 	Therapists;
7.15 	(3) a signed statement attesting that the information in the application is true and correct 
7.16 	to the best of the applicant's knowledge and belief;
7.17 	(4) a waiver authorizing the commissioner to obtain access to the applicant's professional 
7.18 	records in this or any other state in which the applicant has practiced music therapy;
7.19 	(5) all relevant fees required under section 148G.16;
7.20 	(6) a fingerprint-based background check as required under section 144.0572; and
7.21 	(7) any other information requested by the commissioner.
7.22 	(b) An applicant must complete a new criminal history background check if more than 
7.23 	one year has elapsed since the applicant last applied for a license.
7.24 		Subd. 2.Application form requirements. The application form for licensure must 
7.25 	include, at a minimum, the applicant's:
7.26 	(1) name;
7.27 	(2) board certification number;
7.28 	(3) business address and telephone number, or home address and telephone number if 
7.29 	the applicant practices music therapy out of the applicant's home; and
8.1 	(4) education, training, and experience, including previous work history for the five 
8.2 	years immediately preceding the date of application.
8.3 		Subd. 3.Action on application for licensure. (a) The commissioner shall approve, 
8.4 	approve with conditions, or deny licensure. The commissioner shall address an application 
8.5 	according to paragraphs (b) to (e).
8.6 	(b) The commissioner shall determine if the applicant meets the requirements for 
8.7 	licensure. The commissioner or the advisory council may investigate information provided 
8.8 	by the applicant to determine whether the information is accurate and complete.
8.9 	(c) The commissioner shall not issue a license to an applicant who refuses to consent to 
8.10 	a background study within 90 days after the submission of an application or who fails to 
8.11 	submit fingerprints to the Department of Human Services. The applicant forfeits any fees 
8.12 	paid to the Department of Health if the applicant refuses to consent to a background study.
8.13 	(d) The commissioner shall notify the applicant by electronic notification as required in 
8.14 	sections 15.991 to 15.992 of the action taken on the application and, if licensure is denied 
8.15 	or approved with conditions, the grounds for the commissioner's determination.
8.16 	(e) An applicant denied licensure or granted licensure with conditions may make a 
8.17 	written request to the commissioner, within 30 days of the date of the commissioner's 
8.18 	determination, for reconsideration of the commissioner's determination. An applicant 
8.19 	requesting reconsideration may submit information that the applicant wants considered in 
8.20 	the reconsideration. After reconsideration of the commissioner's determination, the 
8.21 	commissioner shall determine whether the original determination is affirmed or modified. 
8.22 	An applicant is allowed no more than one request for reconsideration of the commissioner's 
8.23 	determination to deny licensure or approve licensure with conditions in any two-year period.
8.24 		Subd. 4.Reconsideration (a) If a provisional licensee whose music therapy license has 
8.25 	been denied or extended with conditions disagrees with the conclusions of the commissioner, 
8.26 	the provisional licensee may request a reconsideration by the commissioner. The 
8.27 	reconsideration request process must be conducted internally by the commissioner and 
8.28 	chapter 14 does not apply.
8.29 	(b) The provisional licensee requesting the reconsideration must make the request in 
8.30 	writing and must list and describe the reasons why the provisional licensee disagrees with 
8.31 	the decision to deny the music therapy license or the decision to extend the provisional 
8.32 	license with conditions.
9.1 	(c) The reconsideration request and supporting documentation must be received by the 
9.2 	commissioner within 15 calendar days after the date the provisional licensee receives the 
9.3 	denial or provisional license with conditions.

9.4 	EFFECTIVE DATE. This section is effective July 1, 2024.

9.5 	Sec. 9. [148G.08] TEMPORARY LICENSURE.
9.6 		Subdivision 1.Eligibility for temporary licensure. The commissioner shall issue a 
9.7 	temporary license to practice music therapy to applicants who submit all required information 
9.8 	and fees required by subdivision 2 and who are not the subject of a current or past disciplinary 
9.9 	action or disqualified based on actions listed under section 148G.15.
9.10 		Subd. 2.Application for temporary licensure. (a) An applicant for temporary licensure 
9.11 	must submit:
9.12 	(1) a completed application for temporary licensure on forms provided by the 
9.13 	commissioner;
9.14 	(2) any applicable fees under section 148G.16; and
9.15 	(3) evidence of one of the following:
9.16 	(i) completion of all academic and fieldwork requirements of a college or university 
9.17 	program for music therapists that is approved or accredited by the American Music Therapy 
9.18 	Association and either (1) the initiation of sitting for the board certification exam for the 
9.19 	first time, or (2) sitting to retake the board certification exam after receiving a failing score;
9.20 	(ii) a copy of a current and unrestricted credential to practice music therapy in another 
9.21 	jurisdiction; or
9.22 	(iii) a copy of a current and unrestricted certificate from the Certification Board for 
9.23 	Music Therapists stating that the applicant is certified as a music therapist.
9.24 	(b) An applicant for temporary licensure under paragraph (a), clause (3), item (ii) or 
9.25 	(iii), must provide an affidavit with the application for temporary licensure stating that the 
9.26 	applicant is not the subject of a pending investigation or disciplinary action and has not 
9.27 	been the subject of a past disciplinary action.
9.28 		Subd. 3.Qualifying examination requirements; expiration and renewability. (a) An 
9.29 	individual issued a temporary license must demonstrate to the commissioner successful 
9.30 	completion of the qualifying examination requirements under section 148G.06 within the 
9.31 	temporary licensure period. It is the temporary license holder's obligation to submit to the 
9.32 	commissioner the temporary license holder's qualifying examination score. A temporary 
10.1 	license holder who fails to submit a qualifying examination score within the temporary 
10.2 	licensure period is subject to disciplinary action pursuant to section 148G.15.
10.3 	(b) A temporary license issued under this section expires 12 months from the date of 
10.4 	issuance or on the date the commissioner grants or denies licensure, whichever occurs first.
10.5 	(c) A temporary license is not renewable.

10.6 	EFFECTIVE DATE. This section is effective July 1, 2024.

10.7 	Sec. 10. [148G.09] LICENSURE BY RECIPROCITY.
10.8 	The commissioner shall issue a license to an applicant for a music therapy license if an 
10.9 	applicant has submitted:
10.10 	(1) an application in a form and manner prescribed by the commissioner, accompanied 
10.11 	by applicable fees under section 148G.16;
10.12 	(2) evidence satisfactory to the commissioner that the applicant is licensed and in good 
10.13 	standing as a music therapist in another jurisdiction where the qualifications required are 
10.14 	equivalent to or higher than those required in this chapter at the date of application;
10.15 	(3) letters of verification from each other jurisdiction in which the applicant has practiced 
10.16 	music therapy in the last five years including the following information:
10.17 	(i) the applicant's name;
10.18 	(ii) the applicant's date of birth;
10.19 	(iii) the applicant's credential number in that jurisdiction;
10.20 	(iv) the date and terms of issuance of the credential in that jurisdiction; and
10.21 	(v) a statement regarding disciplinary actions, if any, taken against the applicant; and
10.22 	(4) a fingerprint-based background check as required under section 144.0572.

10.23 	EFFECTIVE DATE. This section is effective July 1, 2024.

10.24 	Sec. 11. [148G.10] CONTINUING EDUCATION REQUIREMENTS.
10.25 	(a) Upon obtaining initial board certification, licensees and applicants must engage in 
10.26 	continuing education.
10.27 	(b) The five-year cycle for completing continuing education requirements begins a year 
10.28 	after a licensee or applicant passes the examination for board certification offered by the 
10.29 	Certification Board for Music Therapists or any successor organization.
11.1 	(c) During each five-year cycle, a licensee or applicant must complete 100 hours of 
11.2 	Continuing Music Therapy Education (CMTE) credits. Three of the 100 hours must be 
11.3 	related to ethics.
11.4 	(d) A licensee or applicant may complete CMTE credits in the following categories:
11.5 	(1) workshops, courses, and conferences;
11.6 	(2) independent learning;
11.7 	(3) presentations;
11.8 	(4) music therapy student supervision;
11.9 	(5) publications or writing; and
11.10 	(6) professional development.
11.11 	(e) An applicant must include proof of completion of CMTE requirements with their 
11.12 	certification from the Certification Board for Music Therapists or any successor organization 
11.13 	each time they renew their license to practice music therapy.

11.14 	EFFECTIVE DATE. This section is effective July 1, 2024.

11.15 	Sec. 12. [148G.11] RENEWAL OF LICENSE; LICENSE LAPSE.
11.16 		Subdivision 1.Renewal requirements. To be eligible for license renewal, a licensee 
11.17 	must submit:
11.18 	(1) a completed and signed application for license renewal on a form provided by the 
11.19 	commissioner;
11.20 	(2) the renewal fee required under section 148G.16;
11.21 	(3) proof that the licensee has met and maintained the continuing education requirements 
11.22 	under section 148G.10 and board certification as a board-certified music therapist; and
11.23 	(4) additional information as requested by the commissioner to clarify information 
11.24 	presented in the renewal application. The applicant for license renewal must submit any 
11.25 	additional information requested by the commissioner within 30 calendar days of the request.
11.26 		Subd. 2.Renewal deadline. (a) Licenses must be renewed every two years.
11.27 	(b) Each license must state an expiration date.
11.28 	(c) A completed application for license renewal must be received by the commissioner 
11.29 	at least 30 days before the license expiration date.
12.1 	(d) A completed application for license renewal not received within the time required 
12.2 	under paragraph (c), but received on or before the expiration date, must be accompanied 
12.3 	by a late fee in addition to the renewal fee in section 148G.16.
12.4 		Subd. 3.Licensure renewal notice. At least 60 calendar days before the expiration date 
12.5 	in subdivision 2, the commissioner must mail a renewal notice to the licensee's last known 
12.6 	address on file with the commissioner. The notice must include information on how to apply 
12.7 	for licensure renewal and notice of fees required for renewal. The licensee's failure to receive 
12.8 	the notice does not relieve the licensee of the obligation to meet the renewal deadline and 
12.9 	other requirements for licensure renewal.
12.10 		Subd. 4.Failure to renew. (a) If a licensee fails to renew a license, the license lapses. 
12.11 	The license may be restored within four years of the expiration date upon completion of the 
12.12 	requirements in subdivision 1 and payment of the late fee in section 148G.16.
12.13 	(b) A person who requests reinstatement of a lapsed license more than four years after 
12.14 	the license expiration date is required to reapply for licensure as a new applicant and must 
12.15 	comply with the requirements for new licensees at the time of application.

12.16 	EFFECTIVE DATE. This section is effective July 1, 2024.

12.17 	Sec. 13. [148G.12] CHANGE OF NAME, ADDRESS, OR EMPLOYMENT.
12.18 	A licensee who changes their name, address, employment, business address, or business 
12.19 	telephone number must inform the commissioner of the change in writing within 30 days 
12.20 	of the change. A change in name must be accompanied by a copy of a marriage certificate 
12.21 	or court order. All notices or other correspondence mailed to or served on the licensee by 
12.22 	the commissioner at the licensee's address on file with the commissioner is considered 
12.23 	received by the licensee.

12.24 	EFFECTIVE DATE. This section is effective July 1, 2024.

12.25 	Sec. 14. [148G.13] PRACTICE OF MUSIC THERAPY.
12.26 	(a) The practice of music therapy has the meaning given in section 148G.02, subdivision 
12.27 	8.
12.28 	(b) A licensed music therapist may accept referrals for music therapy services from 
12.29 	medical, developmental, mental health, or education professionals; family members; clients; 
12.30 	caregivers; or others involved and authorized to provide services to the client.
13.1 	(c) A licensed music therapist must conduct a music therapy assessment of a client to 
13.2 	determine if treatment is indicated. If treatment is indicated, the licensee must collect 
13.3 	systematic, comprehensive, and accurate information to determine the appropriateness and 
13.4 	type of music therapy services to provide the client.
13.5 	(d) A licensed music therapist must use appropriate knowledge and skills when providing 
13.6 	music therapy services, including the use of research, reasoning, and problem-solving skills 
13.7 	to determine appropriate actions in the context of each specific clinical setting.
13.8 	(e) A licensed music therapist must develop an individualized music therapy treatment 
13.9 	plan for the client based on the results of the music therapy assessment under paragraph 
13.10 	(c). The music therapy treatment plan must include individualized goals and objectives that 
13.11 	focus on the assessed needs and strengths of the client and must specify music therapy 
13.12 	approaches and interventions to be used to address the goals and objectives. The 
13.13 	individualized music therapy treatment plan must be consistent with any other developmental, 
13.14 	rehabilitative, habilitative, medical, mental health, preventive, wellness care, or educational 
13.15 	services being provided to the client.
13.16 	(f) A licensed music therapist shall evaluate on an ongoing basis the client's response 
13.17 	to music therapy and to the music therapy treatment plan, document the client's progress, 
13.18 	and make modifications to the plan, as appropriate. A licensed music therapist shall determine 
13.19 	when music therapy services are no longer needed in collaboration with the client, the client's 
13.20 	health care provider or providers, family members of the client, and other appropriate 
13.21 	individuals upon whom the client relies for support.
13.22 	(g) A licensed music therapist shall collaborate with and educate the client and the client's 
13.23 	family, caregiver, and any other appropriate individual regarding the needs of the client 
13.24 	being addressed in music therapy and the manner in which the music therapy treatment 
13.25 	addresses those needs. A licensed music therapist shall minimize any barriers to ensure that 
13.26 	the client receives music therapy services in the least restrictive environment.

13.27 	EFFECTIVE DATE. This section is effective July 1, 2024.

13.28 	Sec. 15. [148G.14] REVIEW OF CLIENT DOCUMENTATION; COLLABORATION 
13.29 	WITH OTHER TREATING PROFESSIONALS.
13.30 		Subdivision 1.Review of diagnosis, treatment, and educational plans. Before a 
13.31 	licensed professional music therapist provides music therapy services to a client for an 
13.32 	identified clinical or developmental need, the music therapist shall review the client's 
13.33 	diagnosis, treatment needs, and treatment plan with any care or support team involved in 
14.1 	the client's care. Before a licensed professional music therapist provides music therapy 
14.2 	services to a client for an identified educational need in a special education setting, the 
14.3 	music therapist shall review the student's diagnosis, treatment needs, and any treatment plan 
14.4 	with the individualized family care team or individualized education program team.
14.5 		Subd. 2.Collaboration with treatment team. During the provision of music therapy 
14.6 	services to a client, the licensed professional music therapist shall collaborate as applicable 
14.7 	with the client's treatment team, including the client's physician, psychologist, licensed 
14.8 	clinical social worker, or other mental health professional.
14.9 		Subd. 3.Collaboration with and services provided by an audiologist or 
14.10 	speech-language pathologist. (a) During the provision of music therapy services to a client 
14.11 	with a communication disorder, the licensed professional music therapist shall collaborate 
14.12 	and discuss the music therapy treatment plan with the client's audiologist or speech-language 
14.13 	pathologist before a licensed professional music therapist is permitted to work with the 
14.14 	client and address communication skills.
14.15 	(b) When providing educational or health care services, a licensed professional music 
14.16 	therapist may not replace the services provided by an audiologist or a speech-language 
14.17 	pathologist. Unless authorized to practice speech-language pathology, licensed professional 
14.18 	music therapists must not evaluate, examine, instruct, or counsel on speech, language, 
14.19 	communication, or swallowing disorders and conditions.
14.20 	(c) An individual licensed as a licensed professional music therapist must not represent 
14.21 	to the public that the individual is authorized to treat a communication disorder. This does 
14.22 	not prohibit an individual licensed as a professional music therapist from representing to 
14.23 	the public that the individual may work with clients who have a communication disorder 
14.24 	and address communication skills.

14.25 	EFFECTIVE DATE. This section is effective July 1, 2024.

14.26 	Sec. 16. [148G.15] GROUNDS FOR DENIAL OF LICENSURE AND DISCIPLINE; 
14.27 	DISCIPLINARY ACTION.
14.28 		Subdivision 1.Grounds for denial of license or discipline. The commissioner may 
14.29 	revoke, suspend, deny, approve with conditions, or refuse to issue or renew a license, or 
14.30 	may discipline a licensee using any of the disciplinary actions listed in subdivision 3, on 
14.31 	evidence that the individual has:
14.32 	(1) intentionally submitted false or misleading information to the board;
15.1 	(2) failed, within 30 days, to provide information in response to a written request by the 
15.2 	board;
15.3 	(3) performed services of a licensed professional music therapist in an incompetent or 
15.4 	negligent manner or in a manner that falls below the community standard of care;
15.5 	(4) violated sections 148G.01 to 148G.16;
15.6 	(5) aided or abetted another person in violating any provision of sections 148G.01 to 
15.7 	148G.16;
15.8 	(6) failed to perform services with reasonable judgment, skill, or safety due to the use 
15.9 	of alcohol or drugs, or other physical or mental impairment;
15.10 	(7) been convicted of violating any state or federal law, rule, or regulation which directly 
15.11 	relates to the practice of music therapy;
15.12 	(8) been disciplined for conduct in the practice of an occupation by the state of Minnesota, 
15.13 	another jurisdiction, or a national professional association, if any of the grounds for discipline 
15.14 	are the same or substantially equivalent to those in sections 148G.01 to 148G.16;
15.15 	(9) not cooperated with the board in an investigation conducted according to subdivision 
15.16 	2;
15.17 	(10) advertised in a manner that is false or misleading;
15.18 	(11) engaged in dishonest, unethical, or unprofessional conduct in connection with the 
15.19 	practice of music therapy that is likely to deceive, defraud, or harm the public;
15.20 	(12) demonstrated a willful or careless disregard for the health, welfare, or safety of a 
15.21 	client;
15.22 	(13) provided intervention, other than music therapy, without being licensed to do so 
15.23 	under the laws of this state;
15.24 	(14) paid or promised to pay a commission or part of a fee to any person who contacts 
15.25 	the licensed professional music therapist for consultation or sends patients to the music 
15.26 	therapist for intervention;
15.27 	(15) engaged in an incentive payment arrangement, other than that prohibited by clause 
15.28 	(14), that promotes music therapy overutilization, whereby the referring person or person 
15.29 	who controls the availability of music therapy services to a client profits unreasonably as 
15.30 	a result of client intervention;
16.1 	(16) engaged in abusive or fraudulent billing practices, including violations of federal 
16.2 	Medicare and Medicaid laws, Food and Drug Administration regulations, or state medical 
16.3 	assistance laws;
16.4 	(17) obtained money, property, or services from a consumer using undue influence, 
16.5 	high-pressure sales tactics, harassment, duress, deception, or fraud;
16.6 	(18) performed services for a client who had no possibility of benefiting from the services;
16.7 	(19) failed to refer a client for medical evaluation when appropriate or when a client 
16.8 	indicated symptoms associated with diseases that could be medically or surgically treated;
16.9 	(20) engaged in conduct with a client that is sexual or may reasonably be interpreted by 
16.10 	a client as sexual, or in any verbal behavior that is sexual or sexually demeaning to a patient;
16.11 	(21) violated a federal or state court order, including a conciliation court judgment, or 
16.12 	a disciplinary order issued by the board, related to the person's music therapy practice; or
16.13 	(22) any other just cause related to the practice of music therapy.
16.14 		Subd. 2.Investigation of complaints. The commissioner may initiate an investigation 
16.15 	upon receiving a complaint or other oral or written communication that alleges or implies 
16.16 	that a person has violated any part of this chapter. In the receipt, investigation, and hearing 
16.17 	of a complaint that alleges or implies a person has violated sections 148G.01 to 148G.65, 
16.18 	the board has the powers included in and must follow the procedures under sections 214.10 
16.19 	and 214.103, subdivision 1a.
16.20 		Subd. 3.Disciplinary actions. If the commissioner finds that a licensed professional 
16.21 	music therapist has engaged in any action listed in subdivision 1, the commissioner may 
16.22 	take one or more of the following actions:
16.23 	(1) refuse to grant or renew a license;
16.24 	(2) approve licensure with conditions;
16.25 	(3) revoke licensure;
16.26 	(4) suspend licensure;
16.27 	(5) any reasonable lesser action, including but not limited to reprimand or restriction on 
16.28 	licensure;
16.29 	(6) any action authorized by statute; or
16.30 	(7) impose a civil penalty not to exceed $10,000 for each separate violation, the amount 
16.31 	of the civil penalty to be fixed so as to deprive the licensed professional music therapist of 
17.1 	any economic advantage gained by reason of the violation charged, to discourage similar 
17.2 	violations, or to reimburse the Department of Health for the cost of the investigation and 
17.3 	proceeding, including but not limited to fees paid for services provided by the Office of 
17.4 	Administrative Hearings, legal and investigative services provided by the Office of the 
17.5 	Attorney General, court reporters, witnesses, reproduction of records, advisory council 
17.6 	members' per diem compensation, advisory council or Department of Health staff time, and 
17.7 	travel costs and expenses incurred by advisory council staff and members and Department 
17.8 	of Health staff.
17.9 		Subd. 4.Effect of specific disciplinary action on use of title. Upon notice from the 
17.10 	commissioner denying licensure renewal or upon notice that the commissioner imposed 
17.11 	disciplinary action and the person is no longer entitled to practice music therapy and use 
17.12 	the music therapy and licensed titles, the person shall cease to practice music therapy, to 
17.13 	use titles protected by section 148G.04, and to represent to the public that the person is 
17.14 	licensed by the commissioner.
17.15 		Subd. 5.Reinstatement requirements after disciplinary action. A person who has 
17.16 	had licensure suspended may request and provide justification for reinstatement following 
17.17 	the period of suspension specified by the commissioner. The requirements of section 148G.11 
17.18 	for renewing licensure and any other conditions imposed with the suspension must be met 
17.19 	before licensure may be reinstated.
17.20 		Subd. 6.Authority to contract. The commissioner shall contract with the health 
17.21 	professionals services program as authorized by sections 214.31 to 214.37 to provide services 
17.22 	to practitioners under this chapter. The health professionals services program does not affect 
17.23 	the commissioner's authority to discipline violations of this chapter.

17.24 	EFFECTIVE DATE. This section is effective July 1, 2024.

17.25 	Sec. 17. [148G.16] FEES.
17.26 		Subdivision 1.Licensing fees. (a) The fees established by the commissioner shall not 
17.27 	exceed the following amounts:
17.28 	(1) initial licensure fee, $.......;
17.29 	(2) temporary licensure fee, $.......;
17.30 	(3) licensure renewal fee, $.......;
17.31 	(4) licensure renewal late fee, $.......;
17.32 	(5) license verification, $.......; and
18.1 	(6) duplicate license fee, $........
18.2 	(b) The commissioner shall prorate the initial licensure fee for first-time licensees 
18.3 	according to the number of months that have elapsed between the date the license is issued 
18.4 	and the date the license expires or must be renewed under section 148G.11.
18.5 	(c) Fees are nonrefundable.
18.6 	(d) Fees received under this chapter shall be deposited in the state government special 
18.7 	revenue fund.
18.8 		Subd. 2.Penalty fees. (a) The penalty fee for practicing music therapy or using protected 
18.9 	titles without a current license after the credential has expired and before it is renewed is 
18.10 	$....... for any part of the first month, plus $....... for any part of any subsequent month up 
18.11 	to ... months.
18.12 	(b) The penalty fee for applicants who engage in the unauthorized practice of music 
18.13 	therapy or use protected titles before being issued a license is $....... for any part of the first 
18.14 	month, plus $....... for any part of any subsequent month up to ... months. This paragraph 
18.15 	does not apply to applicants not qualifying for a license who engage in the unauthorized 
18.16 	practice of music therapy.
18.17 	(c) For conduct described in paragraph (a) or (b) exceeding ... months, payment of a 
18.18 	penalty fee does not preclude any disciplinary action reasonably justified by the individual 
18.19 	case.

18.20 	EFFECTIVE DATE. This section is effective July 1, 2024.