Bill Text: GA SB414 | 2011-2012 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Music Therapists; require licensure by the Secretary of State; establishment of Music Therapy Advisory Group
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2012-07-01 - Effective Date [SB414 Detail]
Download: Georgia-2011-SB414-Introduced.html
Bill Title: Music Therapists; require licensure by the Secretary of State; establishment of Music Therapy Advisory Group
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2012-07-01 - Effective Date [SB414 Detail]
Download: Georgia-2011-SB414-Introduced.html
12 LC
37 1329
Senate
Bill 414
By:
Senators Unterman of the 45th, Albers of the 56th and Millar of the 40th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 43 of the Official Code of Georgia Annotated, relating to
professions and businesses, so as to require licensure of music therapists by
the Secretary of State; to provide for definitions; to provide for
establishment, appointment, and membership of the music therapy advisory group;
to provide for licensure application and qualifications; to provide for license
renewal; to provide for waiver of examination; to provide for disciplinary
actions; to provide for related matters; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
43 of the Official Code of Georgia Annotated, relating to professions and
businesses, is amended by adding a new chapter to read as follows:
"CHAPTER
25A
43-25A-1.
As
used in this chapter, the term:
(1)
'Advisory group' means the Music Therapy Advisory Group.
(2)
'Board certified music therapist' means an individual who has completed the
education and clinical training requirements established by the American Music
Therapy Association, has passed the Certification Board for Music Therapists
certification examination or transitioned into board certification, and remains
actively certified by the Certification Board for Music Therapists.
(3)
'Music therapist' means a person licensed to practice music
therapy.
(4)
'Music therapy' means the clinical and evidence based use of music interventions
to accomplish individualized goals within a therapeutic relationship by a
credentialed professional who has completed an approved music therapy
program.
(5)
'Office' means the office of the Secretary of State.
(6)
'Secretary' means the Secretary of State.
43-25A-2.
(a)
There is created within the office of the Secretary of State a Music Therapy
Advisory Group which shall consist of five members.
(b)
The Secretary shall appoint all members of the advisory group. The advisory
group shall consist of persons familiar with the practice of music therapy to
provide the Secretary with expertise and assistance in carrying out his or her
duties pursuant to this chapter.
(c)
The Secretary shall appoint members of the advisory group to serve for terms of
four years. The Secretary shall appoint three members who practice as licensed
music therapists in this state; one member shall be appointed as a
representative of the American Music Therapy Association or any successor
organization; and one member shall be appointed as a representative of the
Certification Board for Music Therapists or any successor
organization.
(d)
Members shall serve without compensation.
(e)
Members may serve consecutive terms at the will of the Secretary. Any vacancy
shall be filled in the same manner as the regular appointments.
43-25A-3.
(a)
The advisory group shall meet at least once per year or as otherwise called by
the Secretary.
(b)
When practicable, the advisory group may meet using telephonic or electronic
means.
(c)
The advisory group may facilitate the development of materials that the
Secretary may utilize to educate the public concerning music therapist
licensure, the benefits of music therapy, and utilization of music therapy by
individuals and in facilities or institutional settings.
(d)
The advisory group may act as a facilitator of state-wide dissemination of
information between music therapists, the American Music Therapy Association or
any successor organization, the Certification Board for Music Therapists or any
successor organization, and the Secretary.
(e)
The advisory group may provide analysis of disciplinary actions taken, appeals
and denials, or revocation of licenses at least once per year.
(f)
The Secretary may seek the advice of the advisory group for issues related to
music therapy.
43-25A-4.
After
January 1, 2014, no person without a license as a music therapist shall use the
title 'music therapist' or similar title, or perform the duties of a music
therapist, provided that this chapter shall not prohibit any practice of music
therapy that is an integral part of a program of study for students enrolled in
an accredited music therapy program.
43-25A-5.
(a)
An applicant for a music therapy license shall submit a completed application
upon a form and in such manner as the Secretary prescribes, accompanied by
applicable fees, and evidence satisfactory to the Secretary that:
(1)
The applicant is at least 18 years of age;
(2)
The applicant holds a bachelor's degree or higher in music therapy, or its
equivalent, from a program approved by the American Music Therapy Association or
any successor organization within an accredited college or
university;
(3)
The applicant successfully completes a minimum of 1,200 hours of clinical
training, with at least 180 hours in preinternship experiences and at least 900
hours in internship experiences, provided that the internship shall be approved
by an academic institution, the American Music Therapy Association or any
successor organization, or both;
(4)
The applicant passes a background check that shall include a review of the
applicant's music therapy licensure history in other jurisdictions, including a
review of any alleged misconduct or neglect in the practice of music therapy on
the part of the applicant; and
(5)
The applicant provides proof of passing the examination for board certification
offered by the Certification Board for Music Therapists or any successor
organization or provides proof of being transitioned into board certification,
and provides proof that the applicant is currently a board certified music
therapist.
43-25A-
6.
(a)
Every license issued under this chapter shall be renewed every five years. A
license shall be renewed upon payment of a renewal fee if the applicant is not
in violation of any of the terms of this chapter at the time of application for
renewal. The following shall also be required for license renewal:
(1)
Proof of maintenance of the applicant's Certification Board for Music Therapists
credentials; and
(2)
Proof of completion of a minimum of 100 hours of continuing education in a
program approved by the Certification Board of Music Therapists or any successor
organization and any other continuing education requirements established by the
Secretary.
(b)
The Secretary shall notify a licensee at least 30 days prior to the expiration
of his or her license. A licensee shall inform the Secretary of any changes to
his or her address. Each licensee shall be responsible for timely renewal of his
or her license.
(c)
Failure to renew a license shall result in forfeiture of the license. Licenses
that have been forfeited may be restored within one year of the expiration date
upon payment of renewal and restoration fees. Failure to restore a forfeited
license within one year of the date of its expiration shall result in the
automatic termination of the license, and the Secretary may require the
individual to reapply for licensure as a new applicant.
(d)
Upon written request of a licensee, the Secretary may place an active license on
an inactive status subject to an inactive status fee established by the
Secretary. The licensee, upon request and payment of the inactive license fee,
may continue on inactive status. An inactive license may be reactivated at any
time by making a written request to the Secretary and by fulfilling requirements
established by the Secretary.
43-25A-7.
The
Secretary shall waive the examination requirement for an applicant until
January 1, 2014, who is:
(1)
Certified as a music therapist and in good standing with the Certification Board
for Music Therapists; or
(2)
Designated as a registered music therapist, certified music therapist, or
advanced certified music therapist and in good standing with the National Music
Therapy Registry.
43-25A-8.
(a)
The Secretary may revoke, suspend, deny, or refuse to issue or renew a license;
place a licensee on probation; or issue a letter of admonition upon proof that
the licensee:
(1)
Has procured or attempted to procure a license by fraud, deceit,
misrepresentation, misleading omission, or material misstatement of
fact;
(2)
Has been convicted of a felony as provided under state law;
(3)
Has willfully or negligently acted in a manner inconsistent with the health or
safety of persons under the individual's care;
(4)
Has had a license to practice music therapy suspended or revoked or has
otherwise been subject to discipline related to the individual's practice of
music therapy in any other jurisdiction;
(5)
Has committed a fraudulent insurance act;
(6)
Excessively or habitually uses alcohol or drugs, provided that the Secretary
shall not discipline an individual under this paragraph if the individual is
enrolled in a substance abuse program approved by the office; or
(7)
Has a physical or mental disability that renders the individual incapable of
safely administering music therapy services.
(b)
If an allegation of conduct described in subsection (a) is made against a
licensee, the Secretary shall conduct an investigation pursuant to state
law.
(c)
In addition to suspension, revocation, denial, or refusal to renew a license,
the Secretary shall fine a person found to have violated any provision of this
chapter or any rule adopted by the Secretary under this chapter not less than
$100.00 nor more than $1,000.00 for each
violation."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.