Bill Text: IA SSB1212 | 2015-2016 | 86th General Assembly | Introduced


Bill Title: A study bill for an act to establish a music therapy advisory council within the board of social work and provide for licensure of music therapists and providing for fees and civil penalties.

Spectrum: Unknown

Status: (Introduced - Dead) 2016-02-15 - 3:30PM; law library State Government. [SSB1212 Detail]

Download: Iowa-2015-SSB1212-Introduced.html
Senate Study Bill 1212 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON DANIELSON) A BILL FOR An Act to establish a music therapy advisory council within 1 the board of social work and provide for licensure of music 2 therapists and providing for fees and civil penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1409XC (7) 86 tr/sc
S.F. _____ Section 1. Section 147.1, subsections 3 and 6, Code 2015, 1 are amended to read as follows: 2 3. “Licensed” or “certified” , when applied to a physician 3 and surgeon, podiatric physician, osteopathic physician and 4 surgeon, physician assistant, psychologist, chiropractor, 5 nurse, dentist, dental hygienist, dental assistant, 6 optometrist, speech pathologist, audiologist, pharmacist, 7 physical therapist, physical therapist assistant, occupational 8 therapist, occupational therapy assistant, orthotist, 9 prosthetist, pedorthist, respiratory care practitioner, 10 practitioner of cosmetology arts and sciences, practitioner 11 of barbering, funeral director, dietitian, marital and 12 family therapist, mental health counselor, social worker, 13 massage therapist, athletic trainer, acupuncturist, nursing 14 home administrator, hearing aid dispenser, or sign language 15 interpreter or transliterator , or music therapist means a 16 person licensed under this subtitle . 17 6. “Profession” means medicine and surgery, podiatry, 18 osteopathic medicine and surgery, practice as a physician 19 assistant, psychology, chiropractic, nursing, dentistry, 20 dental hygiene, dental assisting, optometry, speech pathology, 21 audiology, pharmacy, physical therapy, physical therapist 22 assisting, occupational therapy, occupational therapy 23 assisting, respiratory care, cosmetology arts and sciences, 24 barbering, mortuary science, marital and family therapy, mental 25 health counseling, social work, dietetics, massage therapy, 26 athletic training, acupuncture, nursing home administration, 27 hearing aid dispensing, sign language interpreting or 28 transliterating, orthotics, prosthetics, or pedorthics , or 29 music therapy . 30 Sec. 2. Section 147.2, subsection 1, Code 2015, is amended 31 to read as follows: 32 1. A person shall not engage in the practice of medicine 33 and surgery, podiatry, osteopathic medicine and surgery, 34 psychology, chiropractic, physical therapy, physical 35 -1- LSB 1409XC (7) 86 tr/sc 1/ 12
S.F. _____ therapist assisting, nursing, dentistry, dental hygiene, 1 dental assisting, optometry, speech pathology, audiology, 2 occupational therapy, occupational therapy assisting, 3 orthotics, prosthetics, pedorthics, respiratory care, 4 pharmacy, cosmetology arts and sciences, barbering, social 5 work, dietetics, marital and family therapy or mental health 6 counseling, massage therapy, mortuary science, athletic 7 training, acupuncture, nursing home administration, hearing aid 8 dispensing, or sign language interpreting or transliterating, 9 or music therapy, or shall not practice as a physician 10 assistant, unless the person has obtained a license for that 11 purpose from the board for the profession. 12 Sec. 3. Section 147.13, subsection 15, Code 2015, is amended 13 to read as follows: 14 15. For social work and music therapy , the board of social 15 work. 16 Sec. 4. Section 147.74, Code 2015, is amended by adding the 17 following new subsection: 18 NEW SUBSECTION . 25. A music therapist licensed under 19 chapter 154C may use the words “licensed professional music 20 therapist” after the person’s name or signify the use of the 21 same by the use of the letters “L.P.M.T.” after the person’s 22 name. 23 Sec. 5. Section 154C.1, unnumbered paragraph 1, Code 2015, 24 is amended to read as follows: 25 As used in this chapter subchapter unless the context 26 otherwise requires: 27 Sec. 6. Section 154C.2, subsection 1, Code 2015, is amended 28 to read as follows: 29 1. A person shall not engage in the practice of social 30 work unless the person is licensed pursuant to this chapter 31 subchapter . A person who is not licensed pursuant to this 32 chapter subchapter shall not use words or titles which imply or 33 represent that the person is a licensed bachelor social worker, 34 licensed master social worker, or licensed independent social 35 -2- LSB 1409XC (7) 86 tr/sc 2/ 12
S.F. _____ worker. 1 Sec. 7. Section 154C.4, unnumbered paragraph 1, Code 2015, 2 is amended to read as follows: 3 In addition to duties and responsibilities provided in 4 chapters 147 and 272C , the board shall adopt rules pursuant to 5 chapter 17A to administer this subchapter relating to: 6 Sec. 8. Section 154C.4, subsection 3, Code 2015, is amended 7 by striking the subsection. 8 Sec. 9. Section 154C.6, subsection 3, paragraph a, Code 9 2015, is amended to read as follows: 10 a. That the applicant possesses a valid license to practice 11 social work pursuant to this chapter subchapter issued prior to 12 July 1, 1996. 13 Sec. 10. Section 154C.7, Code 2015, is amended to read as 14 follows: 15 154C.7 General exemptions. 16 This chapter subchapter and chapter 147 do not prevent 17 qualified members of other professions including, but 18 not limited to, nurses, psychologists, marital and family 19 therapists, mental health counselors, physicians, physician 20 assistants, attorneys at law, or members of the clergy, from 21 providing or advertising that they provide services of a social 22 work nature consistent with the accepted standards of their 23 respective professions, provided that these persons do not use 24 a title or description indicating or implying that they are 25 licensed to practice social work under this chapter subchapter 26 or that they are practicing social work as defined in this 27 chapter subchapter . 28 This chapter subchapter does not apply to students of 29 social work whose activities are conducted within a course of 30 professional education in social work. 31 Sec. 11. NEW SECTION . 154C.10 Definitions. 32 As used in this subchapter, unless the context otherwise 33 requires: 34 1. “Advisory council” means the music therapy advisory 35 -3- LSB 1409XC (7) 86 tr/sc 3/ 12
S.F. _____ council created under this subchapter. 1 2. “Board” means the board of social work. 2 3. “Board-certified music therapist” means an individual who 3 has completed the education and clinical training requirements 4 established by the American music therapy association and who 5 holds current board certification from the certification board 6 for music therapists. 7 4. “Music therapist” means a person licensed to practice 8 music therapy pursuant to this subchapter. 9 5. a. “Music therapy” means the clinical and evidence-based 10 use of music interventions to accomplish individualized goals 11 for people of all ages and ability levels within a therapeutic 12 relationship by a board-certified music therapist. Music 13 therapists develop music therapy treatment plans specific 14 to the needs and strengths of the client who may be seen 15 individually or in groups. Music therapy treatment plans 16 are individualized for each client. The goals, objectives, 17 and potential strategies of the music therapy services are 18 appropriate for the client and setting. The music therapy 19 interventions may include music improvisation, receptive 20 music listening, song writing, lyric discussion, music and 21 imagery, singing, music performance, learning through music, 22 music combined with other arts, music-assisted relaxation, 23 music-based patient education, electronic music technology, 24 adapted music intervention, and movement to music. The 25 practice of music therapy does not include the diagnosis of any 26 physical, mental, or communication disorder. 27 b. “Music therapy” may include any of the following: 28 (1) Accepting referrals for music therapy services 29 from medical, developmental, mental health, or education 30 professionals, family members, clients, caregivers, or others 31 involved with and authorized to secure the provision of client 32 services. Before providing music therapy services to a client 33 for an identified clinical or developmental need, the music 34 therapist collaborates, as applicable, with the primary care 35 -4- LSB 1409XC (7) 86 tr/sc 4/ 12
S.F. _____ provider to review the client’s diagnosis, treatment needs, 1 and treatment plan. During the provision of music therapy 2 services to a client, the music therapist shall collaborate, as 3 applicable, with the client’s treatment team. 4 (2) Conducting a music therapy assessment of a client to 5 determine if treatment is needed. If treatment is needed, the 6 music therapist shall collect systematic, comprehensive, and 7 accurate information to determine the appropriateness and type 8 of music therapy services to provide for the client. 9 (3) Developing an individualized music therapy treatment 10 plan for the client that is based upon the results of the music 11 therapy assessment. The music therapy treatment plan includes 12 individualized goals and objectives that focus on the assessed 13 needs and strengths of the client and specify music therapy 14 approaches and interventions to be used to address the goals 15 and objectives. 16 (4) Implementing an individualized music therapy treatment 17 plan that is consistent with any other developmental, 18 rehabilitative, habilitative, medical, mental health, 19 preventive, wellness care, or educational services being 20 provided to the client. 21 (5) Evaluating the client’s response to music therapy 22 and the music therapy treatment plan, documenting change and 23 progress, and suggesting modifications. 24 (6) Developing a plan for determining when the provision of 25 music therapy services is no longer needed. The plan shall be 26 developed in collaboration with the client, physician, or other 27 provider of health care or educational services to the client, 28 family members of the client, and any other appropriate person 29 upon whom the client relies for support. 30 (7) Minimizing any barriers to ensure that the client 31 receives music therapy services in the least restrictive 32 environment. 33 (8) Collaborating with and educating the client, the 34 client’s family, a caregiver of the client, or any other 35 -5- LSB 1409XC (7) 86 tr/sc 5/ 12
S.F. _____ appropriate person regarding the needs of the client that are 1 being addressed in music therapy and the manner in which the 2 music therapy treatment addresses those needs. 3 (9) Utilizing appropriate knowledge and skills to 4 inform practice, including use of research, reasoning, and 5 problem-solving skills to determine appropriate actions in the 6 context of each specific clinical setting. 7 Sec. 12. NEW SECTION . 154C.11 Music therapy advisory 8 council. 9 1. The board shall establish a music therapy advisory 10 council consisting of five members who are familiar with the 11 practice of music therapy. The members of the advisory council 12 shall be appointed by the board and shall consist of the 13 following persons: 14 a. Three persons who practice music therapy in this state. 15 b. One person licensed by one of the boards listed in 16 section 147.13, subsections 1 through 10. 17 c. One person who is a consumer of music therapy. 18 2. The advisory council shall meet at least once per year or 19 as otherwise called by the board. 20 3. Advisory council members shall serve without 21 compensation and may serve consecutive terms at the will of the 22 board. 23 4. The board shall consult with the advisory council 24 prior to setting or changing fees pertaining to music therapy 25 licensure. 26 5. The advisory council may facilitate the development of 27 materials that the board may utilize to educate the public 28 concerning music therapist licensure, the benefits of music 29 therapy, and utilization of music therapy by individuals and in 30 facilities or institutional settings. 31 6. The advisory council may facilitate statewide 32 dissemination of information between music therapists, 33 the American music therapy association or any successor 34 organization, the certification board for music therapists or 35 -6- LSB 1409XC (7) 86 tr/sc 6/ 12
S.F. _____ any successor organization, and the board. 1 7. At least once per year the advisory council shall provide 2 analysis of disciplinary actions taken and appeals, denials, or 3 revocations of licenses occurring in the previous year. 4 8. The board shall adopt the recommendations of the advisory 5 council for issues related to music therapy licensure and 6 practice. 7 Sec. 13. NEW SECTION . 154C.12 Certain activities not 8 prohibited or restricted. 9 This subchapter shall not be construed to prohibit or 10 restrict the practice, services, or activities of the 11 following: 12 1. Any person licensed, certified, or regulated under the 13 laws of this state in another profession or occupation, or 14 personnel supervised by a licensed professional in this state, 15 performing work, including the use of music, incidental to the 16 practice of the person’s licensed, certified, or regulated 17 profession or occupation, provided that the person does not 18 use a title or description indicating or implying that they 19 are licensed to practice music therapy under this subchapter 20 or that they are practicing music therapy as defined in this 21 subchapter. 22 2. Any person whose training and national certification 23 attests to the individual’s preparation and ability to practice 24 the person’s certified profession or occupation, provided that 25 the person does not use a title or description indicating or 26 implying that they are licensed to practice music therapy under 27 this subchapter or that they are practicing music therapy as 28 defined in this subchapter. 29 3. Any practice of music therapy as an integral part of a 30 program of study for students enrolled in an accredited music 31 therapy program, provided that the person does not use a title 32 or description indicating or implying that they are licensed to 33 practice music therapy under this subchapter or that they are 34 practicing music therapy as defined in this subchapter. 35 -7- LSB 1409XC (7) 86 tr/sc 7/ 12
S.F. _____ 4. Any person who practices music therapy under the 1 supervision of a licensed music therapist, provided that the 2 person does not use a title or description indicating or 3 implying that they are licensed to practice music therapy under 4 this subchapter or that they are practicing music therapy as 5 defined in this subchapter. 6 Sec. 14. NEW SECTION . 154C.13 Music therapy licensure. 7 1. The board shall issue a license to an applicant for a 8 music therapy license when such applicant has completed and 9 submitted an application approved by the advisory council, 10 accompanied by applicable fees, and by evidence of the 11 following: 12 a. The applicant holds a bachelor’s degree or higher in 13 music therapy, or its equivalent, from a program approved 14 by the American music therapy association or any successor 15 organization within an accredited college or university. 16 b. The applicant has successfully completed at least one 17 thousand two hundred hours of clinical training with at least 18 one hundred eighty hours in preinternship experiences and at 19 least nine hundred hours in internship experiences, and the 20 internship is approved by an academic institution, the American 21 music therapy association or any successor organization, or 22 both. 23 c. If previously licensed as a music therapist in another 24 state, the applicant is in good standing in that state, and a 25 review of the applicant’s licensure history does not indicate 26 any alleged misconduct or neglect in the practice of music 27 therapy. 28 d. (1) The applicant has passed the examination for 29 certification offered by the certification board for music 30 therapists, or any successor organization, or provides proof of 31 being transitioned into board certification. 32 (2) The applicant is currently a board-certified music 33 therapist. 34 2. The board shall issue a music therapy license to an 35 -8- LSB 1409XC (7) 86 tr/sc 8/ 12
S.F. _____ applicant when the applicant has completed and submitted an 1 application accompanied by applicable fees and has provided 2 evidence that the applicant is licensed and in good standing 3 as a music therapist in another jurisdiction where the 4 qualifications required are equal to or greater than those 5 required in this state at the date of application. 6 3. Until January 1, 2020, the board shall waive the 7 requirement that the applicant pass the examination for 8 certification as set forth in section 154C.13, subsection 9 1, paragraph “e” , for an applicant who is designated by 10 the national music therapy registry as a registered music 11 therapist, certified music therapist, or advanced certified 12 music therapist and in good standing with the national music 13 therapy registry. 14 Sec. 15. NEW SECTION . 154C.14 Music therapy license 15 renewal. 16 1. A music therapy license issued under this chapter shall 17 be valid for two years. A license shall be renewed upon 18 submission of the following to the board: 19 a. Payment of a renewal fee, as designated by the advisory 20 council. 21 b. Proof that the applicant is not in violation of any 22 of the terms of this chapter at the time of application for 23 renewal. 24 c. Proof of maintenance of the applicant’s status as a board 25 certified music therapist. 26 d. Proof of completion of a minimum of forty hours of 27 continuing education in a program approved by the certification 28 board of music therapists or any successor organization and 29 any other continuing education requirements established by the 30 board. 31 2. A music therapist shall inform the board of any 32 changes to the music therapist’s address. A music therapist 33 is responsible for timely renewal of the music therapist’s 34 license. 35 -9- LSB 1409XC (7) 86 tr/sc 9/ 12
S.F. _____ 3. Failure to renew a license shall result in forfeiture of 1 the license. Licenses that have been forfeited may be restored 2 within one year of the expiration date on the license upon 3 payment of renewal and restoration fees. Failure to restore a 4 forfeited license within one year of the date of its expiration 5 shall result in the automatic termination of the license, and 6 the board shall require the individual to reapply for licensure 7 as a new applicant. 8 4. Upon written request of a licensed music therapist, the 9 advisory council may recommend that the board place an active 10 license on inactive status subject to an inactive status fee 11 established by the board. The music therapist, upon request 12 and payment of the inactive license fee, may continue on 13 inactive status for a period of up to two years. An inactive 14 license may be reactivated at any time within such two-year 15 period by making a written request to the advisory council and 16 by fulfilling requirements established by the advisory council. 17 Sec. 16. NEW SECTION . 154C.16 Rulemaking authority. 18 In addition to duties and responsibilities provided in 19 chapters 147 and 272C, the board shall adopt administrative 20 rules pursuant to chapter 17A to implement and administer this 21 subchapter. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 This bill provides for a licensure procedure for music 26 therapists and creates a music therapy advisory council under 27 the board of social work, making Code chapters 147 and 272C, 28 including penalty and other regulatory provisions, applicable 29 to the practice of music therapy. 30 The bill defines “music therapy” and “music therapist” and 31 exempts certain persons who do not hold themselves out as music 32 therapists but may engage in similar activities pursuant to the 33 practice or study of their own professions. 34 The bill establishes a music therapy advisory council. The 35 -10- LSB 1409XC (7) 86 tr/sc 10/ 12
S.F. _____ advisory council shall meet at least annually and provide 1 analysis of disciplinary actions taken, appeals and denials, 2 or revocation of licenses. The board of social work shall 3 adopt the recommendations of the advisory council for issues 4 relating to licensure and practice of music therapists. The 5 council may act as a facilitator of statewide dissemination of 6 information between music therapists and relevant professional 7 organizations. It may also support the board of social work 8 in the development of materials that the board may utilize to 9 educate the public concerning music therapy. 10 The bill requires the board to issue a license to practice 11 music therapy to an applicant who, in addition to submitting 12 the appropriate application form and fees, holds a bachelor’s 13 degree or higher from an accredited college or university 14 program approved by the American music therapy association or 15 any successor organization, has completed requisite clinical 16 training, provides proof that the applicant is currently a 17 board-certified music therapist and has passed the examination 18 for board certification, and is in good standing in all 19 states in which the person holds licensure or certification 20 as a music therapist. “Board-certified music therapist” is 21 defined in the bill as an individual who has completed the 22 education and clinical training requirements established by 23 the American music therapy association and who holds current 24 board certification from the certification board for music 25 therapists. 26 The board shall issue a license to music therapists who 27 are licensed in another state upon the applicant submitting 28 the form and fees and demonstrating good standing with 29 the other state, which has equivalent or more challenging 30 licensure requirements than this state. For applicants who are 31 registered, certified, or advanced certified music therapists 32 in good standing with the national music therapy registry, the 33 examination requirement shall be waived until January 1, 2020. 34 The bill requires licenses to be renewed biennially. The 35 -11- LSB 1409XC (7) 86 tr/sc 11/ 12
S.F. _____ board shall renew a license if the music therapist files the 1 appropriate form and fees, has not violated any requirements of 2 licensure, provides proof of current licensure, provides proof 3 that the music therapist completed a minimum of 40 hours of 4 continuing education in an approved program. Failure to renew 5 a license shall result in forfeiture of the license. Licenses 6 that have been forfeited may be restored within one year of 7 the expiration date upon payment of renewal and restoration 8 fees. Upon the music therapist’s written request, the advisory 9 council may place an active license on inactive status, subject 10 to payment of an inactive status fee. The music therapist, 11 upon request and payment of the inactive status fee, may 12 continue on inactive status for a period of up to two years and 13 may request to activate the license at any time during that 14 two-year period. 15 -12- LSB 1409XC (7) 86 tr/sc 12/ 12
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