Session of 2023
HOUSE BILL No. 2257
By Committee on Health and Human Services
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AN ACT concerning health and healthcare; relating to the state board of
healing arts; providing for the licensure and regulation of music
therapists; establishing the music therapy advisory committee.
Be it enacted by the Legislature of the State of Kansas:
Section 1. (a) Sections 1 through 7, and amendments thereto, shall be
known and may be cited as the music therapy licensure act.
(b) As used in the music therapy licensure act:
(1) "Advisory committee" means the music therapy advisory
committee established by section 2, and amendments thereto.
(2) "Board-certified music therapist" means an individual who has
completed the educational and clinical training requirements established
by the American music therapy association and who holds current board
certification from the certification board for music therapists.
(3) "Music therapist" means a person licensed by the state board of
healing arts to practice music therapy.
(4) (A) "Music therapy" means the clinical and evidence-based use of
music interventions by a board-certified music therapist to accomplish
individualized goals for individuals of all ages and ability levels within a
therapeutic relationship. "Music therapy" treatment plans are
individualized and developed specific to the needs and strengths of the
client, who may be seen individually or as a part of a group, with goals,
objectives and potential strategies appropriate for the client and setting.
"Music therapy" interventions include, but are not limited to, music
improvisation, receptive music listening, songwriting, 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, adaptive music
intervention and movement to music.
(B) "Music therapy" may include, but is not limited to:
(i) Accepting referrals for music therapy services from medical,
developmental, mental health or education professionals, family members,
clients, caregivers or other individuals involved and authorized with the
provision of client services;
(ii) conducting a music therapy assessment of a client to determine if
treatment is indicated and, if treatment is so indicated, collecting
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systematic, comprehensive and accurate information to determine the
appropriateness and type of music therapy services to provide to the client;
(iii) developing an individualized music therapy treatment plan for
the client that is based upon the results of a music therapy assessment, and
such plan may include individualized goals and objectives that focus on
the assessed needs and strengths of the client and specify music therapy
approaches and interventions to be used to address such goals and
objectives;
(iv) implementing an individualized music therapy treatment plan that
is consistent with any other developmental, rehabilitative, habilitative,
medical, mental health, preventive, wellness care or education services
that the client is receiving;
(v) evaluating a client's response to music therapy and the music
therapy treatment plan, documenting change and progress and suggesting
modifications, as appropriate;
(vi) developing a plan for determining when the provision of music
therapy services is no longer needed in collaboration with the client and
the client's healthcare provider, education provider, family members and
any other appropriate person upon whom the client relies for support;
(vii) ensuring that a client receives music therapy services in the least
restrictive environment by minimizing barriers;
(viii) collaborating with and educating a client and the client's family
or caregiver or any other appropriate person regarding the needs of the
client that are being addressed in music therapy and the manner in which
the music therapy treatment addresses such needs; and
(ix) utilizing appropriate knowledge and skills to inform practice,
including the use of research, reasoning and problem-solving skills to
determine appropriate actions in the context of each specific clinical
setting.
(C) "Music therapy" does not include the screening, diagnosis or
assessment of any physical, mental or communication disorder.
Sec. 2. (a) There is hereby created the music therapy advisory
committee to assist the state board of healing arts in administering the
provisions of the music therapy licensure act.
(b) The advisory committee shall consist of five members appointed
by the state board of healing arts. Such members shall be individuals who
are familiar with the practice of music therapy and shall include:
(1) Three music therapists;
(2) one individual who is a healthcare provider licensed, registered,
permitted or otherwise authorized to practice a healthcare profession in
this state other than music therapy; and
(3) one consumer of music therapy services.
(c) The state board of healing arts shall appoint members of the
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advisory committee to serve four-year terms. Members of the advisory
committee may serve consecutive terms as appointed by the state board of
healing arts.
(d) Any vacancy in the membership of the advisory committee shall
be filled in the same manner as the original appointment to the position
that has been vacated.
(e) Members of the advisory committee shall serve without
compensation.
(f) The advisory committee shall meet at least once per year or as
otherwise called by the state board of healing arts.
(g) The state board of healing arts shall advise and consult with the
advisory committee on issues related to music therapy and prior to setting
or changing any fees charged to administer the music therapy licensure act.
(h) The advisory committee may facilitate the development of
materials that the state board of healing arts may use 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.
(i) The advisory committee may act as a facilitator of statewide
dissemination of information between music therapists, the American
music therapy association, or any substantially equivalent or successor
organization, the certification board for music therapists, or any
substantially equivalent or successor organization, and the state board of
healing arts.
(j) At least once per year, the advisory committee shall provide
analysis of disciplinary actions taken by the state board of healing arts and
appeals and denials thereof.
Sec. 3. (a) On and after July 1, 2023, no individual shall use the title
"music therapist" or any similar title or practice music therapy without a
valid license issued by the state board of healing arts.
(b) For any individual who does not present themselves to the public
as a music therapist, nothing in this section shall be construed to prohibit
or restrict the practices, services or activities of such individual:
(1) (A) Who is licensed, certified or regulated under the laws of this
state in another profession or occupation, including, but not limited to, any
individual licensed, certified or regulated by the state board of healing arts,
the board of nursing or the behavioral sciences regulatory board, or any
individual supervised by such a licensed, certified or regulated individual;
and
(B) who is performing work, including the use of music, incidental to
the practice of the licensed, certified or regulated profession or occupation;
(2) whose training and national certification demonstrates the
individual's preparation and ability to practice a certified profession or
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occupation;
(3) who practices music therapy as an integral part of a program of
study for students enrolled in an accredited music therapy program; or
(4) who practices music therapy under the supervision of a music
therapist.
Sec. 4. (a) Before a music therapist provides music therapy services
to a client for an identified clinical or developmental need, the music
therapist shall review the client's diagnosis, treatment needs and treatment
plan with the healthcare providers involved in the client's care or, for a
client who is a student, with the student's individualized family service
plan or individualized education program team.
(b) During the provision of music therapy services to a client, the
music therapist shall collaborate, as applicable, with the client's treatment
team, including the client's physician, psychologist, clinical social worker
and any other mental health professional. For a client with a
communication disorder, the music therapist shall collaborate with the
client's audiologist or speech-language pathologist regarding the music
therapy treatment plan for the purpose of addressing the client's
communication skills.
(c) When providing educational or healthcare services, a music
therapist shall not replace the services provided by an audiologist or a
speech-language pathologist. Unless authorized to practice speech-
language pathology, a music therapist shall not evaluate, examine, instruct
or counsel on speech, language, communication or swallowing disorders
and conditions. A music therapist shall not present themselves to the public
that the music therapist is authorized to treat a communication disorder.
This subsection shall not prohibit a music therapist from representing to
the public that the music therapist may work with clients who have a
communication disorder in order to address communication skills.
Sec. 5. The state board of healing arts shall issue a license to an
applicant for a music therapist license upon application on a form and in a
manner prescribed by the board, payment of any required fee and
submission of evidence satisfactory to the board that the applicant:
(a) (1) Is at least 18 years of age;
(2) holds a bachelor's degree or higher in music therapy, or equivalent
thereof, including clinical training hours, from a program offered by an
accredited college or university and approved by the American music
therapy association or any successor organization;
(3) is in good standing based on a review of the applicant's music
therapy licensure history in other jurisdictions, including a review of any
alleged misconduct or neglect in the applicant's practice of music therapy;
and
(4) (A) has passed the examination for board certification offered by
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the certification board for music therapists or any successor organization;
or
(B) has been transitioned into board certification and is currently a
board-certified music therapist; or
(b) is currently licensed and in good standing as a music therapist in
another jurisdiction that has qualifications for such licensure equal to or
greater than the requirements established in the music therapy licensure
act.
Sec. 6. (a) A music therapist license shall be renewed bienially upon
application on a form and in a manner prescribed by the state board of
healing arts, payment of any required fee and submission of evidence
satisfactory to the board that the applicant maintains status as a board-
certified music therapist. Each music therapist shall be responsible for
timely renewal of such license.
(b) A music therapist shall inform the state board of healing arts of
any change to the music therapist's address within 30 calendar days after
such change.
(c) Failure to renew a license shall result in the license being
canceled. A license that has been canceled may be reinstated within one
year after cancellation upon payment of any required renewal and
reinstatement fees. The state board of healing arts may require an applicant
whose license has been canceled for more than one year to apply for
licensure as a new applicant.
(d) There is created the designation of inactive music therapy license.
The state board of healing arts may issue an inactive music therapy license
to any music therapist upon application on a form and in a manner
prescribed by the board and payment of any required inactive license fee.
An inactive music therapy license may be issued for not to exceed two
years. A music therapist with an inactive music therapy license may apply
for an active license upon application on a form and in a manner
prescribed by the board and payment of any required fee.
Sec. 7. (a) The state board of healing arts may revoke, suspend or
limit a music therapy license, publicly censure a music therapist, place a
music therapist under probationary conditions, fine a music therapist not
less than $100 but not more than $1,000 or deny an application for license
or renewal or reinstatement of a license upon a finding that the applicant or
music therapist:
(1) Is ineligible for licensure, including, but not limited to,
falsification of information submitted for licensure or failure to maintain
status as a board-certified music therapist;
(2) has failed to pay any fee required for licensure when due;
(3) has failed to provide information requested by the board in a
timely manner;
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(4) has been convicted of a felony;
(5) has been convicted of any crime that reflects an inability to
practice music therapy with due regard for the health and safety of clients
or patients or with due regard for the truth in filing claims with medicare,
medicaid or any third-party payor;
(6) is unable or has failed to practice music therapy with reasonable
skill and consistent with the welfare of clients or patients, including, but
not limited to, negligence in the practice of music therapy, intoxication,
incapacity or abuse of or engaging in sexual contact with a client or
patient; and
(7) has been the subject of disciplinary action by another jurisdiction
related to the practice of music therapy.
(b) The state board of healing arts may conduct investigations into
allegations of conduct described in subsection (a).
Sec. 8. This act shall take effect and be in force from and after its
publication in the statute book.
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