Bill Text: CA AB1279 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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BILL NUMBER: AB 1279	AMENDED
	BILL TEXT

	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.   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, as amended, 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 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
interventions, as defined, from using the title of "Board Certified
Music Therapist" unless the person has completed  the
education and clinical training requirements established by the
American Music Therapy Association and holds current board
certification and an MT-BC credential from the Certification Board
for Music Therapists.   specified education and clinical
training requirements.  This 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 or psychotherapy   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 bill would specify that a music therapist who, on January 1,
2016, holds a particular professional designation is qualified to
practice music therapy until January 1, 2020, and would authorize a
state employee who is currently employed as a music therapist to
continue to practice music therapy in his or her current position.

   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Chap   ter 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 statutory definitions relating to the practice 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 accomplish individualized goals for people of
all ages and ability levels within a therapeutic relationship by a
qualified individual. Music therapy includes all of 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) Individualized treatment plans for each client.
   (3) The establishment of 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.
   (c) "Qualified individual" includes an individual who has
completed the education and clinical training requirements
established by the American Music Therapy Association and who holds
current board certification from the Certification Board for Music
Therapists.
   4654.  An individual providing music therapy interventions 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 standards as of January 1, 2016.
   (b) A minimum of 1,200 hours of supervised clinical work through
preinternship training at an approved degree program or internship
training through an approved national roster or university affiliated
internship program, or the equivalent.
   (c) The requirements for certification on January 1, 2016,
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
subdivision (c) of Section 4653.
   4656.  A music therapist who, on January 1, 2016, holds the
professional designation of registered music therapist (RMT),
certified music therapist (CMT), or advanced certified music
therapist (ACMT), and is in good standing with the National Music
Therapy Registry (NMTR), is qualified to practice music therapy in
California until January 1, 2020, when the NMTR will expire.
   4657.  Any state employee who is currently employed in a position
that is identified as a music therapist as of January 1, 2016, is
authorized to continue to practice music therapy until he or she
retires, resigns, or is removed from that position by his or her
employer. That employee may continue to refer to himself or herself
as a music therapist and refer to his or her work as music therapy,
but he or she shall not refer to himself or herself as a Board
Certified Music Therapist.  
  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 statutory definitions relating to the practice 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 accomplish individualized goals for people of
all ages and ability levels within a therapeutic relationship by a
qualified individual. Music therapy includes all of 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) Individualized treatment plans for each client.
   (3) The establishment of 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.
   (c) "Qualified individual" includes an individual who has
completed the education and clinical training requirements
established by the American Music Therapy Association and who holds
current board certification from the Certification Board for Music
Therapists.
   4654.  An individual providing music therapy interventions shall
not refer to himself or herself using the title of "Board Certified
Music Therapist" unless the individual meets the criteria specified
in subdivision (c) of Section 4653 and has been awarded the MT-BC
credential from the Certification Board of Music Therapists.
   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 or psychotherapy for which a license is
required under this division. While the use of music is not
restricted to any profession, the 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 the criteria specified in
subdivision (c) of Section 4653.