KS
Kansas House Bill HB2257

Kansas 2023-2024 Regular Session

Kansas House Bill HB2257 Compare Versions

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11 Session of 2023
22 HOUSE BILL No. 2257
33 By Committee on Health and Human Services
44 2-1
55 AN ACT concerning health and healthcare; relating to the state board of
66 healing arts; providing for the licensure and regulation of music
77 therapists; establishing the music therapy advisory committee.
88 Be it enacted by the Legislature of the State of Kansas:
99 Section 1. (a) Sections 1 through 7, and amendments thereto, shall be
1010 known and may be cited as the music therapy licensure act.
1111 (b) As used in the music therapy licensure act:
1212 (1) "Advisory committee" means the music therapy advisory
1313 committee established by section 2, and amendments thereto.
1414 (2) "Board-certified music therapist" means an individual who has
1515 completed the educational and clinical training requirements established
1616 by the American music therapy association and who holds current board
1717 certification from the certification board for music therapists.
1818 (3) "Music therapist" means a person licensed by the state board of
1919 healing arts to practice music therapy.
2020 (4) (A) "Music therapy" means the clinical and evidence-based use of
2121 music interventions by a board-certified music therapist to accomplish
2222 individualized goals for individuals of all ages and ability levels within a
2323 therapeutic relationship. "Music therapy" treatment plans are
2424 individualized and developed specific to the needs and strengths of the
2525 client, who may be seen individually or as a part of a group, with goals,
2626 objectives and potential strategies appropriate for the client and setting.
2727 "Music therapy" interventions include, but are not limited to, music
2828 improvisation, receptive music listening, songwriting, lyric discussion,
2929 music and imagery, singing, music performance, learning through music,
3030 music combined with other arts, music-assisted relaxation, music-based
3131 patient education, electronic music technology, adaptive music
3232 intervention and movement to music.
3333 (B) "Music therapy" may include, but is not limited to:
3434 (i) Accepting referrals for music therapy services from medical,
3535 developmental, mental health or education professionals, family members,
3636 clients, caregivers or other individuals involved and authorized with the
3737 provision of client services;
3838 (ii) conducting a music therapy assessment of a client to determine if
3939 treatment is indicated and, if treatment is so indicated, collecting
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7676 systematic, comprehensive and accurate information to determine the
7777 appropriateness and type of music therapy services to provide to the client;
7878 (iii) developing an individualized music therapy treatment plan for
7979 the client that is based upon the results of a music therapy assessment, and
8080 such plan may include individualized goals and objectives that focus on
8181 the assessed needs and strengths of the client and specify music therapy
8282 approaches and interventions to be used to address such goals and
8383 objectives;
8484 (iv) implementing an individualized music therapy treatment plan that
8585 is consistent with any other developmental, rehabilitative, habilitative,
8686 medical, mental health, preventive, wellness care or education services
8787 that the client is receiving;
8888 (v) evaluating a client's response to music therapy and the music
8989 therapy treatment plan, documenting change and progress and suggesting
9090 modifications, as appropriate;
9191 (vi) developing a plan for determining when the provision of music
9292 therapy services is no longer needed in collaboration with the client and
9393 the client's healthcare provider, education provider, family members and
9494 any other appropriate person upon whom the client relies for support;
9595 (vii) ensuring that a client receives music therapy services in the least
9696 restrictive environment by minimizing barriers;
9797 (viii) collaborating with and educating a client and the client's family
9898 or caregiver or any other appropriate person regarding the needs of the
9999 client that are being addressed in music therapy and the manner in which
100100 the music therapy treatment addresses such needs; and
101101 (ix) utilizing appropriate knowledge and skills to inform practice,
102102 including the use of research, reasoning and problem-solving skills to
103103 determine appropriate actions in the context of each specific clinical
104104 setting.
105105 (C) "Music therapy" does not include the screening, diagnosis or
106106 assessment of any physical, mental or communication disorder.
107107 Sec. 2. (a) There is hereby created the music therapy advisory
108108 committee to assist the state board of healing arts in administering the
109109 provisions of the music therapy licensure act.
110110 (b) The advisory committee shall consist of five members appointed
111111 by the state board of healing arts. Such members shall be individuals who
112112 are familiar with the practice of music therapy and shall include:
113113 (1) Three music therapists;
114114 (2) one individual who is a healthcare provider licensed, registered,
115115 permitted or otherwise authorized to practice a healthcare profession in
116116 this state other than music therapy; and
117117 (3) one consumer of music therapy services.
118118 (c) The state board of healing arts shall appoint members of the
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162162 advisory committee to serve four-year terms. Members of the advisory
163163 committee may serve consecutive terms as appointed by the state board of
164164 healing arts.
165165 (d) Any vacancy in the membership of the advisory committee shall
166166 be filled in the same manner as the original appointment to the position
167167 that has been vacated.
168168 (e) Members of the advisory committee shall serve without
169169 compensation.
170170 (f) The advisory committee shall meet at least once per year or as
171171 otherwise called by the state board of healing arts.
172172 (g) The state board of healing arts shall advise and consult with the
173173 advisory committee on issues related to music therapy and prior to setting
174174 or changing any fees charged to administer the music therapy licensure act.
175175 (h) The advisory committee may facilitate the development of
176176 materials that the state board of healing arts may use to educate the public
177177 concerning music therapist licensure, the benefits of music therapy and
178178 utilization of music therapy by individuals and in facilities or institutional
179179 settings.
180180 (i) The advisory committee may act as a facilitator of statewide
181181 dissemination of information between music therapists, the American
182182 music therapy association, or any substantially equivalent or successor
183183 organization, the certification board for music therapists, or any
184184 substantially equivalent or successor organization, and the state board of
185185 healing arts.
186186 (j) At least once per year, the advisory committee shall provide
187187 analysis of disciplinary actions taken by the state board of healing arts and
188188 appeals and denials thereof.
189189 Sec. 3. (a) On and after July 1, 2023, no individual shall use the title
190190 "music therapist" or any similar title or practice music therapy without a
191191 valid license issued by the state board of healing arts.
192192 (b) For any individual who does not present themselves to the public
193193 as a music therapist, nothing in this section shall be construed to prohibit
194194 or restrict the practices, services or activities of such individual:
195195 (1) (A) Who is licensed, certified or regulated under the laws of this
196196 state in another profession or occupation, including, but not limited to, any
197197 individual licensed, certified or regulated by the state board of healing arts,
198198 the board of nursing or the behavioral sciences regulatory board, or any
199199 individual supervised by such a licensed, certified or regulated individual;
200200 and
201201 (B) who is performing work, including the use of music, incidental to
202202 the practice of the licensed, certified or regulated profession or occupation;
203203 (2) whose training and national certification demonstrates the
204204 individual's preparation and ability to practice a certified profession or
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248248 occupation;
249249 (3) who practices music therapy as an integral part of a program of
250250 study for students enrolled in an accredited music therapy program; or
251251 (4) who practices music therapy under the supervision of a music
252252 therapist.
253253 Sec. 4. (a) Before a music therapist provides music therapy services
254254 to a client for an identified clinical or developmental need, the music
255255 therapist shall review the client's diagnosis, treatment needs and treatment
256256 plan with the healthcare providers involved in the client's care or, for a
257257 client who is a student, with the student's individualized family service
258258 plan or individualized education program team.
259259 (b) During the provision of music therapy services to a client, the
260260 music therapist shall collaborate, as applicable, with the client's treatment
261261 team, including the client's physician, psychologist, clinical social worker
262262 and any other mental health professional. For a client with a
263263 communication disorder, the music therapist shall collaborate with the
264264 client's audiologist or speech-language pathologist regarding the music
265265 therapy treatment plan for the purpose of addressing the client's
266266 communication skills.
267267 (c) When providing educational or healthcare services, a music
268268 therapist shall not replace the services provided by an audiologist or a
269269 speech-language pathologist. Unless authorized to practice speech-
270270 language pathology, a music therapist shall not evaluate, examine, instruct
271271 or counsel on speech, language, communication or swallowing disorders
272272 and conditions. A music therapist shall not present themselves to the public
273273 that the music therapist is authorized to treat a communication disorder.
274274 This subsection shall not prohibit a music therapist from representing to
275275 the public that the music therapist may work with clients who have a
276276 communication disorder in order to address communication skills.
277277 Sec. 5. The state board of healing arts shall issue a license to an
278278 applicant for a music therapist license upon application on a form and in a
279279 manner prescribed by the board, payment of any required fee and
280280 submission of evidence satisfactory to the board that the applicant:
281281 (a) (1) Is at least 18 years of age;
282282 (2) holds a bachelor's degree or higher in music therapy, or equivalent
283283 thereof, including clinical training hours, from a program offered by an
284284 accredited college or university and approved by the American music
285285 therapy association or any successor organization;
286286 (3) is in good standing based on a review of the applicant's music
287287 therapy licensure history in other jurisdictions, including a review of any
288288 alleged misconduct or neglect in the applicant's practice of music therapy;
289289 and
290290 (4) (A) has passed the examination for board certification offered by
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334334 the certification board for music therapists or any successor organization;
335335 or
336336 (B) has been transitioned into board certification and is currently a
337337 board-certified music therapist; or
338338 (b) is currently licensed and in good standing as a music therapist in
339339 another jurisdiction that has qualifications for such licensure equal to or
340340 greater than the requirements established in the music therapy licensure
341341 act.
342342 Sec. 6. (a) A music therapist license shall be renewed bienially upon
343343 application on a form and in a manner prescribed by the state board of
344344 healing arts, payment of any required fee and submission of evidence
345345 satisfactory to the board that the applicant maintains status as a board-
346346 certified music therapist. Each music therapist shall be responsible for
347347 timely renewal of such license.
348348 (b) A music therapist shall inform the state board of healing arts of
349349 any change to the music therapist's address within 30 calendar days after
350350 such change.
351351 (c) Failure to renew a license shall result in the license being
352352 canceled. A license that has been canceled may be reinstated within one
353353 year after cancellation upon payment of any required renewal and
354354 reinstatement fees. The state board of healing arts may require an applicant
355355 whose license has been canceled for more than one year to apply for
356356 licensure as a new applicant.
357357 (d) There is created the designation of inactive music therapy license.
358358 The state board of healing arts may issue an inactive music therapy license
359359 to any music therapist upon application on a form and in a manner
360360 prescribed by the board and payment of any required inactive license fee.
361361 An inactive music therapy license may be issued for not to exceed two
362362 years. A music therapist with an inactive music therapy license may apply
363363 for an active license upon application on a form and in a manner
364364 prescribed by the board and payment of any required fee.
365365 Sec. 7. (a) The state board of healing arts may revoke, suspend or
366366 limit a music therapy license, publicly censure a music therapist, place a
367367 music therapist under probationary conditions, fine a music therapist not
368368 less than $100 but not more than $1,000 or deny an application for license
369369 or renewal or reinstatement of a license upon a finding that the applicant or
370370 music therapist:
371371 (1) Is ineligible for licensure, including, but not limited to,
372372 falsification of information submitted for licensure or failure to maintain
373373 status as a board-certified music therapist;
374374 (2) has failed to pay any fee required for licensure when due;
375375 (3) has failed to provide information requested by the board in a
376376 timely manner;
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420420 (4) has been convicted of a felony;
421421 (5) has been convicted of any crime that reflects an inability to
422422 practice music therapy with due regard for the health and safety of clients
423423 or patients or with due regard for the truth in filing claims with medicare,
424424 medicaid or any third-party payor;
425425 (6) is unable or has failed to practice music therapy with reasonable
426426 skill and consistent with the welfare of clients or patients, including, but
427427 not limited to, negligence in the practice of music therapy, intoxication,
428428 incapacity or abuse of or engaging in sexual contact with a client or
429429 patient; and
430430 (7) has been the subject of disciplinary action by another jurisdiction
431431 related to the practice of music therapy.
432432 (b) The state board of healing arts may conduct investigations into
433433 allegations of conduct described in subsection (a).
434434 Sec. 8. This act shall take effect and be in force from and after its
435435 publication in the statute book.
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