Bill Text: CA AB1279 | 2015-2016 | Regular Session | Enrolled
Bill Title: Music therapy.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2016-01-15 - Consideration of Governor's veto stricken from file. [AB1279 Detail]
Download: California-2015-AB1279-Enrolled.html
BILL NUMBER: AB 1279 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 27, 2015
PASSED THE ASSEMBLY AUGUST 31, 2015
AMENDED IN SENATE AUGUST 18, 2015
AMENDED IN SENATE JULY 1, 2015
AMENDED IN SENATE MAY 27, 2015
AMENDED IN ASSEMBLY APRIL 20, 2015
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Holden
FEBRUARY 27, 2015
An act to add Chapter 10.7 (commencing with Section 4650) to
Division 2 of the Business and Professions Code, relating to music
therapy.
LEGISLATIVE COUNSEL'S DIGEST
AB 1279, Holden. Music therapy.
Existing law provides for the licensure and regulation of various
healing arts practitioners by boards within the Department of
Consumer Affairs.
Existing law defines "unfair competition" to mean and include any
unlawful, unfair, or fraudulent business act or practice and unfair,
deceptive, untrue, or misleading advertising. Under existing law, a
person who engages in unfair competition is liable for a civil
penalty not to exceed $2,500 for each violation.
Existing law establishes the State Department of Public Health and
sets forth its powers and duties over the regulation of health
facilities and adult day health care centers, including, but not
limited to, adopting regulations setting forth applicable staffing
standards. Existing regulations of the department applicable to
intermediate care facilities for the developmentally disabled and for
adult day health care centers define "music therapist" as a person
who has a bachelor's degree in music therapy and who is registered or
eligible for registration by the National Association for Music
Therapy, now known as the American Music Therapy Association.
This bill would prohibit a person who provides music therapy, as
defined, from using the title of "Board Certified Music Therapist"
unless the person has completed specified education and clinical
training requirements. The bill would also establish that it is an
unfair business practice for a person to use the title "Board
Certified Music Therapist" if he or she does not meet those
requirements. The bill would prohibit its provisions from being
construed to authorize a person engaged in music therapy to state or
imply that he or she provides mental health counseling,
psychotherapy, or occupational therapy for which a license is
required and provide that use of music therapy shall not imply or
suggest that the person is a Board Certified Music Therapist, if he
or she does not meet specified criteria.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 10.7 (commencing with Section 4650) is added to
Division 2 of the Business and Professions Code, to read:
CHAPTER 10.7. MUSIC THERAPY
4650. This chapter shall be known, and may be cited, as the Music
Therapy Act.
4651. The Legislature finds and declares the following:
(a) Existing national certification of music therapist requires
the therapist to have graduated with a bachelor's degree or its
equivalent, or higher, from a music therapy degree program approved
by the American Music Therapy Association (AMTA), successful
completion of a minimum of 1,200 hours of supervised clinical work
through preinternship training at an approved degree program, and
internship training through approved national roster or university
affiliated internship programs, or an equivalent.
(b) Upon successful completion of the AMTA academic and clinical
training requirements or its international equivalent, an individual
is eligible to sit for the national board certification exam
administered by the Certification Board for Music Therapists (CBMT),
an independent, nonprofit corporation fully accredited by the
National Commission for Certifying Agencies.
(c) The CBMT grants the Music Therapist-Board Certified (MT-BC)
credential to music therapists who have demonstrated the knowledge,
skills, and abilities for competence in the current practice of music
therapy. The purpose of board certification in music therapy is to
provide an objective national standard that can be used as a measure
of professionalism and competence by interested agencies, groups, and
individuals.
(d) The MT-BC is awarded by the CBMT to an individual upon
successful completion of an academic and clinical training program
approved by the AMTA or an international equivalent and successful
completion of an objective written examination demonstrating current
competency in the profession of music therapy. The CBMT administers
this examination, which is based on a nationwide music therapy
practice analysis that is reviewed and updated every five years to
reflect current clinical practice.
(e) Once certified, a music therapist must adhere to the CBMT Code
of Professional Practice and recertify every five years through
either a program of continuing education or reexamination.
4652. It is the intent of the Legislature that this chapter do
the following:
(a) Provide a statutory definition of music therapy.
(b) Enable consumers and state and local agencies to more easily
identify qualified music therapists.
4653. As used in this chapter:
(a) "Music therapy" means the clinical and evidence-based use of
music therapy interventions in developmental, rehabilitative,
habilitative, medical, mental health, preventive, wellness care, or
educational settings to address physical, emotional, cognitive, and
social needs of individuals within a therapeutic relationship. Music
therapy includes the following:
(1) The development of music therapy treatment plans specific to
the needs and strengths of the client who may be seen individually or
in groups.
(2) Music therapy plans shall establish goals, objectives, and
potential strategies of the music therapy services appropriate for
the client and setting.
(b) "Music therapy 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
technology, adapted music intervention, and movement to music.
4654. An individual who provides music therapy shall not refer to
himself or herself using the title of "Board Certified Music
Therapist" unless the individual has completed all of the following:
(a) A bachelors degree or its equivalent, or higher, from a music
therapy degree program approved by the American Music Therapy
Association using current standards, beginning with those adopted on
April 1, 2015.
(b) A minimum of 1,200 hours of supervised clinical work through
preinternship training at an approved degree program and internship
training through an approved national roster or university affiliated
internship program, or the equivalent.
(c) The current requirements for certification, beginning with
those adopted on April 1, 2015, established by the CBMT for the MT-BC
credential.
4655. This chapter shall not be construed to authorize a person
engaged in music therapy to state or imply that he or she provides
mental health counseling, psychotherapy, or occupational therapy for
which a license is required under this division. While the use of
music is not restricted to any profession, the use of music shall not
imply or suggest that the person is a Board Certified Music
Therapist, if he or she does not meet the criteria specified in
Section 4654.
4656. It is an unfair business practice within the meaning of
Chapter 5 (commencing with Section 17200) of Part 2 of Division 7,
for a person to use the title "Board Certified Music Therapist" if he
or she does not meet the requirements of Section 4654.
