A. The State Board of Medical Licensure and Supervision may refuse to issue or renew, or may suspend or revoke a license to any person, after notice and hearing in accordance with rules promulgated pursuant to the Music Therapy Practice Act and the provisions of the Administrative Procedures Act who has:

1. Treated or attempted to treat ailments or other health conditions of human beings other than by music therapy as authorized by the Music Therapy Practice Act;

2. Failed to refer patients to other health care providers if symptoms are known to be present for which music therapy treatment is inadvisable or if symptoms indicate conditions for which treatment is outside the scope of music therapy practice as specified by the American Music Therapy Association and the Certification Board for Music Therapists;

3. Used drugs, narcotics, medication or intoxicating liquors to an extent which affects the professional competency of the applicant or licensee;

4. Been convicted of a felony crime that substantially relates to the occupation of music therapy and poses a reasonable threat to public safety;

5. Obtained or attempted to obtain a license as a music therapist by fraud or deception;

6. Been grossly negligent in the practice of music therapy;

7. Been adjudged mentally incompetent by a court of competent jurisdiction and has not subsequently been lawfully declared sane;

8. Been guilty of conduct unbecoming a person licensed as a music therapist or guilty of conduct detrimental to the best interests of the public or the profession;

9. Been guilty of any act in conflict with the ethics of the profession of music therapy; or

10. Had a license suspended or revoked in another state.

B. As used in this section:

1. "Substantially relates" means the nature of criminal conduct for which the person was convicted has a direct bearing on the fitness or ability to perform one or more of the duties or responsibilities necessarily related to the occupation; and

2. "Poses a reasonable threat" means the nature of criminal conduct for which the person was convicted involved an act or threat of harm against another and has a bearing on the fitness or ability to serve the public or work with others in the occupation.

Added by Laws 2016, c. 202, § 12, eff. Nov. 1, 2016. Amended by Laws 2019, c. 363, § 41, eff. Nov. 1, 2019.