Plain English Breakdown
The plain English breakdown is still being put together. The official documents below are already here.
HF4471 • 2026
Music therapist licensure created, fees established, and civil penalties imposed.
Music therapist licensure created, fees established, and civil penalties imposed.
Passed Legislature
This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.
Bill History
-
2026-03-18
House
Introduction and first reading, referred to Health Finance and Policy
Official Summary Text
Music therapist licensure created, fees established, and civil penalties imposed.
Current Bill Text
Read the full stored bill text
A bill for an act relating to health occupations; creating licensure for music therapists; establishing fees; imposing civil penalties; amending Minnesota Statutes 2024, section 144.0572, subdivision 1; proposing coding for new law as Minnesota Statutes, chapter 148H. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 2024, section 144.0572, subdivision 1, is amended to read: Subdivision 1. Criminal history background check requirements. (a) deleted text begin Beginning January 1, 2018, deleted text end 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 , new text end speech-language pathologist, new text begin music therapist, new text end a speech-language pathology assistant, or deleted text begin an deleted text end 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) deleted text begin Beginning January 1, 2020, deleted text end 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. new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2026. new text end Sec. 2. new text begin [148H.01] SCOPE. new text end new text begin Sections 148H.01 to 148H.16 apply to individuals who are applicants for licensure, who are licensed, who use protected titles, or who represent that they are licensed as music therapists. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2026. new text end Sec. 3. new text begin [148H.02] DEFINITIONS. new text end new text begin Subdivision 1. new text end new text begin Scope. new text end new text begin The following terms have the meanings given them and 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 148H.03. 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 an individual who holds a 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 License or licensed. new text end new text begin "License" or "licensed" means the act or status of a person who meets the requirements of general licensure under section 148H.06, temporary licensure under section 148H.08, or licensure by reciprocity under section 148H.09. new text end new text begin Subd. 6. new text end new text begin Licensed professional music therapist or LPMT. new text end new text begin "Licensed professional music therapist" or "LPMT" means an individual licensed to practice music therapy pursuant to this chapter. new text end new text begin Subd. 7. new text end new text begin Music-based interventions. new text end new text begin (a) "Music-based interventions" means the use of music within a therapeutic relationship to accomplish individualized goals for persons of all ages and abilities. new text end new text begin (b) Music-based interventions include but are 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. new text end new text begin Subd. 8. new text end new text begin Practice of music therapy. new text end new text begin (a) "Practice of music therapy" means the use of music-based interventions. new text end new text begin (b) The practice of music therapy includes but is not limited to developing individualized music therapy treatment plans specific to the needs and strengths of the client or clients treated individually or in groups in a manner appropriate for the specific client and setting. new text end new text begin (c) 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 Subd. 9. new text end new text begin Temporary licensure. new text end new text begin "Temporary licensure" means the method of licensure described in section 148H.08, by which an individual who has completed an approved or accredited education program, but has not met the examination requirements, may practice music therapy on a temporary basis. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2026. new text end Sec. 4. new text begin [148H.03] MUSIC THERAPY ADVISORY COUNCIL. new text end new text begin Subdivision 1. new text end new text begin Establishment. new text end new text begin The Music Therapy Advisory Council is hereby established to: new text end new text begin (1) advise the commissioner regarding music therapy licensure standards; new text end new text begin (2) advise the commissioner regarding enforcement of this chapter; new text end new text begin (3) 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 (4) provide for the distribution of information regarding music therapist licensure standards; new text end new text begin (5) review applications and make recommendations to the commissioner on granting or denying licensure or licensure renewal; new text end new text begin (6) review reports of investigations relating to individuals and make recommendations to the commissioner as to whether licensure should be denied or disciplinary action should be taken against the individual; and new text end new text begin (7) perform other duties authorized for advisory councils under chapter 214, as directed by the commissioner. new text end new text begin Subd. 2. new text end new text begin Membership. new text end new text begin The commissioner shall appoint six members to the Music Therapy Advisory Council consisting of the following: new text end new text begin (1) three professional music therapists licensed under this chapter who must be employed in a different practice area or employment setting and must include: new text end new text begin (i) at least one licensed professional music therapist member who is currently engaged and for five years immediately preceding their appointment has been engaged in the practice of music therapy in Minnesota; and new text end new text begin (ii) at least one licensed professional music therapist member employed outside the seven-county metropolitan area; and new text end new text begin (2) three public members as defined in section 214.02 who must include: new text end new text begin (i) two public members who are either personally receiving music therapy services or are family members of or caregivers to a person receiving music therapy services; and new text end new text begin (ii) at least one public member who is a professional from a related profession, including but not limited to the professions of speech-language pathology, registered hospice nursing, special education services, and psychology. new text end new text begin Subd. 3. new text end new text begin Administration. new text end new text begin (a) The advisory council is organized and administered under section 15.059. new text end new text begin (b) Upon request of the advisory council, the commissioner must provide meeting space and administrative services for the council. new text end new text begin (c) The members of the advisory council must elect a chair from members of the advisory council at the initial meeting. new text end new text begin Subd. 4. new text end new text begin Term limits. new text end new text begin Advisory council members must not serve for more than two full consecutive terms. new text end new text begin Subd. 5. new text end new text begin Recommendations for appointment. new text end new text begin The Music Therapy Association of Minnesota and other interested persons and organizations may recommend to the commissioner members qualified for appointment to fill a vacancy or anticipated vacancy to the council. Recommendations under this subdivision must be communicated to the commissioner no later than 60 days after a position on the board becomes vacant. The commissioner may appoint members to the board from the list of persons recommended or from among other qualified candidates. new text end new text begin Subd. 6. new text end new text begin Initial Music Therapy Advisory Council. new text end new text begin (a) The first music therapist members appointed to the Music Therapy Advisory Council need not be licensed under this chapter but must meet the qualifications for licensure under section 148H.06. The commissioner shall make the initial appointments to the Music Therapy Advisory Council by August 1, 2026. new text end new text begin (b) The commissioner shall convene the first meeting of the Music Therapy Advisory Council by September 1, 2026. new text end new text begin Subd. 7. new text end new text begin Expiration. new text end new text begin Notwithstanding section 15.059, the advisory council does not expire. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2026. new text end Sec. 5. new text begin [148H.04] 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 January 1, 2027, an individual must be licensed as a music therapist under this chapter to practice music therapy. 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," "music therapist," "licensed professional music therapist," "LPMT," 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 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 including the use of music incidental to the practice of that profession or occupation in which the person is licensed, registered, or certified 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 professional music therapist, if the person is not represented to the public 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 is not represented to the public as a music therapist. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2026. new text end Sec. 6. new text begin [148H.05] LICENSURE QUALIFICATIONS. new text end new text begin (a) An applicant for licensure must comply with the relevant application requirements for general licensure under section 148H.06, temporary licensure under section 148H.08, or licensure by reciprocity under section 148H.09. new text end new text begin (b) To qualify for licensure, an applicant must not be subject to denial of licensure under section 148H.15 and must satisfy one of the following: new text end new text begin (1) meet the general licensure requirements in section 148H.06; new text end new text begin (2) meet the temporary licensure requirements in section 148H.08; or new text end new text begin (3) meet the licensure by reciprocity requirements in section 148H.09. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2026. new text end Sec. 7. new text begin [148H.06] GENERAL LICENSURE REQUIREMENTS. new text end new text begin (a) 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) have completed all academic and fieldwork to obtain a bachelor's degree or higher in music therapy, or its equivalent, from a music therapy program at a college or university approved or accredited by the American Music Therapy Association; and new text end new text begin (3) have passed the examination for board certification offered by the Certification Board for Music Therapists or any successor organization or have been transitioned into board certification. new text end new text begin (b) The applicant is responsible for making all arrangements and incurring all expenses for taking the board certification examination under paragraph (a), clause (3). The applicant must send their examination scores under paragraph (a), clause (3), directly to the commissioner. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2026. new text end Sec. 8. new text begin [148H.07] GENERAL APPLICATION PROCEDURES. new text end new text begin Subdivision 1. new text end new text begin Application for general licensure. new text end new text begin (a) An applicant for general licensure must submit: new text end new text begin (1) a completed application in writing on a form prescribed by the commissioner; new text end new text begin (2) documentation of current board certification by the Certification Board of Music Therapists; new text end new text begin (3) a signed statement attesting that the information in the application is true and correct to the best of the applicant's knowledge and belief; new text end new text begin (4) a waiver authorizing the commissioner to obtain access to the applicant's professional records in this or any other state in which the applicant has practiced music therapy; new text end new text begin (5) all relevant fees required under section 148H.16; new text end new text begin (6) a fingerprint-based background check as required under section 144.0572; and new text end new text begin (7) any other information requested by the commissioner. new text end new text begin (b) An applicant must complete a new criminal history background check if more than one year has elapsed since the applicant last applied for a license. new text end new text begin Subd. 2. new text end new text begin Application form requirements. new text end new text begin The application form for licensure must include, at a minimum, the applicant's: new text end new text begin (1) name; new text end new text begin (2) board certification number; new text end new text begin (3) business address and telephone number, or home address and telephone number if the applicant practices music therapy out of the applicant's home; and new text end new text begin (4) education, training, and experience, including previous work history for the five years immediately preceding the date of application. 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 act on all applications for licensure. The commissioner shall approve, approve with conditions, or deny an application. The commissioner shall address an application according to paragraphs (b) to (e). 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 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 not issue a license to an applicant who refuses to consent to a background study within 90 days after the submission of an application or who fails to submit fingerprints to the Department of Human Services. The applicant forfeits any fees paid to the Department of Health if the applicant refuses to consent to a background study. new text end new text begin (d) The commissioner shall notify the applicant by electronic notification as required in sections 15.991 and 15.992 of the 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 (e) 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. An applicant 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 for reconsideration of the commissioner's determination to deny licensure or approve licensure with conditions in any two-year period. new text end new text begin Subd. 4. new text end new text begin Reconsideration new text end new text begin (a) If a provisional licensee whose music therapy license has been denied or extended with conditions disagrees with the conclusions of the commissioner, the provisional licensee may request a reconsideration by the commissioner. The reconsideration request process must be conducted internally by the commissioner and chapter 14 does not apply. new text end new text begin (b) The provisional licensee requesting the reconsideration must make the request in writing and must list and describe the reasons why the provisional licensee disagrees with the decision to deny the music therapy license or the decision to extend the provisional license with conditions. new text end new text begin (c) The reconsideration request and supporting documentation must be received by the commissioner within 15 calendar days after the date the provisional licensee receives the denial or provisional license with conditions. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2026. new text end Sec. 9. new text begin [148H.08] TEMPORARY LICENSURE. new text end new text begin Subdivision 1. new text end new text begin Eligibility for temporary licensure. new text end new text begin The commissioner shall issue a temporary license to practice music therapy to applicants who submit all required information and fees required by subdivision 2 and who are not the subject of a current or past disciplinary action or disqualified based on actions listed under section 148H.15. new text end new text begin Subd. 2. new text end new text begin Application for temporary licensure. new text end new text begin (a) An applicant for temporary licensure must submit: new text end new text begin (1) a completed application for temporary licensure on forms provided by the commissioner; new text end new text begin (2) any applicable fees under section 148H.16; and new text end new text begin (3) evidence of one of the following: new text end new text begin (i) completion of all academic and fieldwork requirements of a college or university program for music therapists that is approved or accredited by the American Music Therapy Association and either (1) the initiation of sitting for the board certification exam for the first time, or (2) sitting to retake the board certification exam after receiving a failing score; new text end new text begin (ii) a copy of a current and unrestricted credential to practice music therapy in another jurisdiction; or new text end new text begin (iii) a copy of a current and unrestricted certificate from the Certification Board for Music Therapists stating that the applicant is certified as a music therapist. new text end new text begin (b) An applicant for temporary licensure under paragraph (a), clause (3), item (ii) or (iii), must provide an affidavit with the application for temporary licensure stating that the applicant is not the subject of a pending investigation or disciplinary action and has not been the subject of a past disciplinary action. new text end new text begin Subd. 3. new text end new text begin Qualifying examination requirements; expiration and renewability. new text end new text begin (a) An individual issued a temporary license must demonstrate to the commissioner successful completion of the qualifying examination requirements under section 148H.06 within the temporary licensure period. It is the temporary license holder's obligation to submit to the commissioner the temporary license holder's qualifying examination score. A temporary license holder who fails to submit a qualifying examination score within the temporary licensure period is subject to disciplinary action pursuant to section 148H.15. new text end new text begin (b) A temporary license issued under this section expires 12 months from the date of issuance or on the date the commissioner grants or denies licensure, whichever occurs first. new text end new text begin (c) A temporary license is not renewable. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2026. new text end Sec. 10. new text begin [148H.09] LICENSURE BY 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 under section 148H.16; 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 equivalent to or higher than those required in this chapter at the date of application; new text end new text begin (3) letters of verification from each other jurisdiction in which the applicant has practiced music therapy in the last five years including the following information: new text end new text begin (i) the applicant's name; new text end new text begin (ii) the applicant's date of birth; new text end new text begin (iii) the applicant's credential number in that jurisdiction; new text end new text begin (iv) the date and terms of issuance of the credential in that jurisdiction; and new text end new text begin (v) a statement regarding disciplinary actions, if any, taken against the applicant; and new text end new text begin (4) a fingerprint-based background check as required under section 144.0572. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2026. new text end Sec. 11. new text begin [148H.10] CONTINUING EDUCATION REQUIREMENTS. new text end new text begin (a) Upon obtaining initial board certification, licensees and applicants must engage in continuing education. new text end new text begin (b) The five-year cycle for completing continuing education requirements begins a year after a licensee or applicant passes the examination for board certification offered by the Certification Board for Music Therapists or any successor organization. new text end new text begin (c) During each five-year cycle, a licensee or applicant must complete 100 hours of Continuing Music Therapy Education (CMTE) credits. Three of the 100 hours must be related to ethics. new text end new text begin (d) A licensee or applicant may complete CMTE credits in the following categories: new text end new text begin (1) workshops, courses, and conferences; new text end new text begin (2) independent learning; new text end new text begin (3) presentations; new text end new text begin (4) music therapy student supervision; new text end new text begin (5) publications or writing; and new text end new text begin (6) professional development. new text end new text begin (e) An applicant must include proof of completion of CMTE requirements with their certification from the Certification Board for Music Therapists or any successor organization each time they renew their license to practice music therapy. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2026. new text end Sec. 12. new text begin [148H.11] RENEWAL OF LICENSE; LICENSE LAPSE. 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 submit: new text end new text begin (1) a completed and signed application for license renewal on a form provided by the commissioner; new text end new text begin (2) the renewal fee required under section 148H.16; new text end new text begin (3) proof that the licensee has met and maintained the continuing education requirements under section 148H.10 and board certification as a board-certified music therapist; and new text end new text begin (4) additional information as requested by the commissioner to clarify information presented in the renewal application. The applicant for license renewal must submit any additional information requested by the commissioner within 30 calendar days of the request. 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 30 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 148H.16. 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 information on how to apply 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 148H.16. 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 EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2026. new text end Sec. 13. new text begin [148H.12] CHANGE OF NAME, ADDRESS, OR EMPLOYMENT. new text end new text begin A licensee who changes their name, address, employment, business address, or business telephone number must inform the commissioner of the change in writing 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 is considered received by the licensee. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2026. new text end Sec. 14. new text begin [148H.13] PRACTICE OF MUSIC THERAPY. new text end new text begin Subdivision 1. new text end new text begin Referrals. new text end new text begin 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. new text end new text begin Subd. 2. new text end new text begin Assessment. new text end new text begin A licensed music therapist must conduct a music therapy assessment of a client to determine if treatment is indicated. If treatment is indicated, the licensee must collect systematic, comprehensive, and accurate information to determine the appropriateness and type of music therapy services to provide the client. new text end new text begin Subd. 3. new text end new text begin Knowledge and skill. new text end new text begin A licensed music therapist must 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 Subd. 4. new text end new text begin Treatment plan. new text end new text begin A licensed music therapist must develop an individualized music therapy treatment plan for the client based on the results of the music therapy assessment under paragraph (c). The music therapy treatment plan must include individualized goals and objectives that focus on the assessed needs and strengths of the client and must 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. new text end new text begin Subd. 5. new text end new text begin Evaluation; client progress. new text end new text begin 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 Subd. 6. new text end new text begin Communication with client and others. new text end new text begin 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 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2026. new text end Sec. 15. new text begin [148H.14] REVIEW OF CLIENT DOCUMENTATION; COLLABORATION WITH OTHER TREATING PROFESSIONALS. new text end new text begin Subdivision 1. new text end new text begin Review of diagnosis, treatment, and educational plans. new text end new text begin Before a licensed professional music therapist provides music therapy services to a client for an identified clinical or developmental need, the music therapist shall review the client's diagnosis, treatment needs, and treatment plan with any care or support team involved in the client's care. Before a licensed professional music therapist provides music therapy services to a client for an identified educational need in a special education setting, the music therapist shall review the student's diagnosis, treatment needs, and any treatment plan with the individualized family care team or individualized education program team. new text end new text begin Subd. 2. new text end new text begin Collaboration with treatment team. new text end new text begin During the provision of music therapy services to a client, the licensed professional music therapist shall collaborate as applicable with the client's treatment team, including the client's physician, psychologist, licensed clinical social worker, or other mental health professional. new text end new text begin Subd. 3. new text end new text begin Collaboration with and services provided by an audiologist or speech-language pathologist. new text end new text begin (a) During the provision of music therapy services to a client with a communication disorder, the licensed professional music therapist shall collaborate and discuss the music therapy treatment plan with the client's audiologist or speech-language pathologist before a licensed professional music therapist is permitted to work with the client and address communication skills. new text end new text begin (b) When providing educational or health care services, a licensed professional music therapist must not replace the services provided by an audiologist or a speech-language pathologist. Unless authorized to practice speech-language pathology, licensed professional music therapists must not evaluate, examine, instruct, or counsel on speech, language, communication, or swallowing disorders and conditions. new text end new text begin (c) An individual licensed as a licensed professional music therapist must not represent to the public that the individual is authorized to treat a communication disorder. This does not prohibit an individual licensed as a professional music therapist from representing to the public that the individual may work with clients who have a communication disorder and address communication skills. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2026. new text end Sec. 16. new text begin [148H.15] GROUNDS FOR DENIAL OF LICENSURE AND DISCIPLINE; 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, approve with conditions, or refuse to issue or renew a license, or may discipline a licensee using any of the disciplinary actions listed in subdivision 3, on evidence that the individual has: new text end new text begin (1) intentionally submitted false or misleading information to the board; new text end new text begin (2) failed, within 30 days, to provide information in response to a written request by the board; new text end new text begin (3) performed services of a licensed professional music therapist in an incompetent or negligent manner or in a manner that falls below the community standard of care; new text end new text begin (4) violated sections 148H.01 to 148H.16; new text end new text begin (5) aided or abetted another person in violating any provision of sections 148H.01 to 148H.16; 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) 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 (8) been disciplined for conduct in the practice of an occupation by the state of Minnesota, another jurisdiction, or a national professional association, if any of the grounds for discipline are the same or substantially equivalent to those in sections 148H.01 to 148H.16; new text end new text begin (9) not cooperated with the board in an investigation conducted according to subdivision 2; new text end new text begin (10) advertised in a manner that is false or misleading; new text end new text begin (11) 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 (12) demonstrated a willful or careless disregard for the health, welfare, or safety of a client; new text end new text begin (13) provided intervention, other than music therapy, without being licensed to do so under the laws of this state; new text end new text begin (14) paid or promised to pay a commission or part of a fee to any person who contacts the licensed professional music therapist for consultation or sends patients to the music therapist for intervention; new text end new text begin (15) engaged in an incentive payment arrangement, other than that prohibited by clause (14), that promotes music therapy overutilization, whereby the referring person or person who controls the availability of music therapy services to a client profits unreasonably as a result of client intervention; new text end new text begin (16) engaged in abusive or fraudulent billing practices, including violations of federal Medicare and Medicaid laws, Food and Drug Administration regulations, or state medical assistance laws; new text end new text begin (17) obtained money, property, or services from a consumer using undue influence, high-pressure sales tactics, harassment, duress, deception, or fraud; new text end new text begin (18) performed services for a client who had no possibility of benefiting from the services; new text end new text begin (19) failed to refer a client for medical evaluation when appropriate or when a client indicated symptoms associated with diseases that could be medically or surgically treated; new text end new text begin (20) engaged in conduct with a client that is sexual or may reasonably be interpreted by a client as sexual, or in any verbal behavior that is sexual or sexually demeaning to a patient; new text end new text begin (21) violated a federal or state court order, including a conciliation court judgment, or a disciplinary order issued by the board, related to the person's music therapy practice; or new text end new text begin (22) any other just cause related to the practice of music therapy. 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 may initiate an investigation upon receiving a complaint or other oral or written communication that alleges or implies that a person has violated any part of this chapter. In the receipt, investigation, and hearing of a complaint that alleges or implies a person has violated any part of this chapter, the board has the powers included in and must follow the procedures under sections 214.10 and 214.103, subdivision 1a. 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 licensed professional music therapist has engaged in any action listed in subdivision 1, 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) any action authorized by statute; or new text end new text begin (7) impose a civil penalty not to exceed $10,000 for each separate violation, the amount of the civil penalty to be fixed so as to deprive the licensed professional music therapist of any economic advantage gained by reason of the violation charged, to discourage similar violations, or to reimburse the Department of Health for the cost of the investigation and proceeding, including but not limited to fees paid for services provided by the Office of Administrative Hearings, legal and investigative services provided by the Office of the Attorney General, court reporters, witnesses, reproduction of records, advisory council members' per diem compensation, advisory council or Department of Health staff time, and travel costs and expenses incurred by advisory council staff and members and Department of Health staff. new text end new text begin Subd. 4. new text end new text begin Effect of specific disciplinary action on use of title. new text end new text begin Upon notice from the commissioner denying licensure renewal or upon notice that the commissioner imposed disciplinary action and the person is no longer entitled to practice music therapy and use the music therapy and licensed titles, the person shall cease to practice music therapy, to use titles protected by section 148H.04, and to represent to the public that the person is licensed by the commissioner. new text end new text begin Subd. 5. new text end new text begin Reinstatement requirements after disciplinary action. new text end new text begin A person who has had licensure suspended may request and provide justification for reinstatement following the period of suspension specified by the commissioner. The requirements of section 148H.11 for renewing licensure and any other conditions imposed with the suspension must be met before licensure may be reinstated. 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 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2026. new text end Sec. 17. new text begin [148H.16] FEES. new text end new text begin Subdivision 1. new text end new text begin Licensing 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) initial licensure fee, $.......; new text end new text begin (2) temporary 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) license verification, $.......; 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 148H.11. 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 new text begin Subd. 2. new text end new text begin Penalty fees. new text end new text begin (a) The penalty fee for practicing music therapy or using protected titles without a current license after the credential has expired and before it is renewed is $....... for any part of the first month, plus $....... for any part of any subsequent month up to ... months. new text end new text begin (b) The penalty fee for applicants who engage in the unauthorized practice of music therapy or use protected titles before being issued a license is $....... for any part of the first month, plus $....... for any part of any subsequent month up to ... months. This paragraph does not apply to applicants not qualifying for a license who engage in the unauthorized practice of music therapy. new text end new text begin (c) For conduct described in paragraph (a) or (b) exceeding ... months, payment of a penalty fee does not preclude any disciplinary action reasonably justified by the individual case. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2026. new text end