California Assembly Bill AB1279 Amended / Bill

 BILL NUMBER: AB 1279AMENDED BILL TEXT 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, 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 does not provide for the licensure of music therapists.   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  provide that only a qualified person, defined as an individual who   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  a specified music therapy association   the American Music Therapy Association  and  who  holds current board certification  and an MT-BC credential  from  a specified certification organization, shall be permitted to perform music therapy interventions. The bill would further provide that 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 certain criteria and has been awarded a credential from the specified certification organization.   the Certification Board for Music Therapists. 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 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.  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. 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.  Only qualified persons, as defined in subdivision (c) of Section 4653, shall be permitted to perform music therapy interventions in the State of California.  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.