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AN ACT relating to music therapy and making an appropriation therefor. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 309 IS CREATED TO 3
READ AS FOLLOWS: 4
As used in Sections 1 to 11 of this Act, unless the context requires otherwise: 5
(1) "Board" means the Kentucky Board of Licensure for Professional Music 6
Therapists; 7
(2) "Board-certified music therapist" means a person who holds current board 8
certification from the Certification Board for Music Therapists; 9
(3) "Licensed professional music therapist (LPMT)" means a person who has been 10
issued a license by the board for the practice of music therapy; 11
(4) "Music therapy" means the clinical and evidence-based use of music therapy 12
interventions to accomplish individualized goals for people of all ages and ability 13
levels within a therapeutic relationship by a board-certified music therapist; 14
(5) "Music therapy interventions" include but are not limited to: 15
(a) Music improvisation; 16
(b) Receptive music listening; 17
(c) Songwriting; 18
(d) Song lyric discussion; 19
(e) Imagery and music; 20
(f) Singing; 21
(g) Music performance; 22
(h) Learning through music; 23
(i) Music combined with other arts; 24
(j) Music-assisted relaxation; 25
(k) Music-based patient education; 26
(l) Electronic music technology; 27 UNOFFICIAL COPY 23 RS BR 239
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(m) Adapted music intervention; and 1
(n) Movement to music; 2
(6) "Music therapy treatment plan" means an individualized treatment plan with 3
goals, objectives, and potential strategies of the music therapy interventions that 4
are appropriate for the client and setting; and 5
(7) "The practice of music therapy": 6
(a) Includes but is not limited to: 7
1. Accepting referrals for music therapy services from: 8
a. Medical, mental health, or education professionals; 9
b. Family members; 10
c. Clients; 11
d. Caregivers; and 12
e. Others involved and authorized with the provision of client 13
services; 14
2. Conducting a music therapy assessment of a client to determine if 15
treatment is indicated. If treatment is indicated, collecting systematic, 16
comprehensive, and accurate information to determine the type of 17
music therapy service to provide; 18
3. Developing a music therapy treatment plan; 19
4. Implementing a music therapy treatment plan that is consistent with 20
any other services being provided; 21
5. Evaluating the client's response to the music therapy treatment plan, 22
documenting any change or progress, and suggesting modifications as 23
appropriate; 24
6. Developing a plan for determining when the provision of music 25
therapy services is no longer needed in collaboration with the client, 26
physician, other health care provider, and any other appropriate 27 UNOFFICIAL COPY 23 RS BR 239
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person the client relies on for support; 1
7. Minimizing any barriers to ensure that the client receives music 2
therapy services in the least restrictive environment; and 3
8. Collaborating with and educating a client's support system on the 4
needs of the client that are being addressed in music therapy and the 5
manner in which the treatment plan is addressing those needs; and 6
(b) Does not include the screening, diagnosis, or assessment of any physical, 7
mental, or communication disorder. 8
SECTION 2. A NEW SECTION OF KRS CHAPTER 309 IS CREATED TO 9
READ AS FOLLOWS: 10
(1) There is hereby created the Kentucky Board of Licensure for Professional Music 11
Therapists that shall be attached to the Department of Professional Licensing in 12
the Public Protection Cabinet for administrative purposes. The board shall 13
consist of five (5) members who are United States citizens and have been 14
Kentucky residents for at least five (5) years prior to appointment. The board 15
membership shall be as follows: 16
(a) Three (3) members shall be music therapists who are licensed pursuant to 17
Section 4 of this Act and have engaged in the practice or teaching of music 18
therapy for at least five (5) years. The member shall not hold any elected or 19
appointed office in any professional organization of music therapy or 20
closely related field during his or her tenure on the board; 21
(b) One (1) member shall be a health care provider as defined in KRS 304.17A-22
005 who is not a music therapist. This member shall not hold any elected or 23
appointed office in any professional organization of music therapy or 24
closely related field during his or her tenure on the board; and 25
(c) One (1) member shall represent the public. The public member shall not 26
have been licensed or have practiced as a music therapist, nor have any 27 UNOFFICIAL COPY 23 RS BR 239
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significant financial interest, either direct or indirect, in the profession of 1
music therapy. 2
(2) All members of the board shall be appointed by the Governor for staggered terms 3
of four (4) years. 4
(3) Each member shall hold office until a successor is appointed. Vacancies shall be 5
filled in the same manner as original appointments. Members may serve 6
consecutive terms. 7
(4) Members of the board shall receive no compensation, perquisite, or allowance. 8
(5) The board shall annually elect from its membership a chairperson, secretary, and 9
other officers as necessary to carry out its duties. 10
(6) (a) The board shall meet at least one (1) time each year. Additional meetings 11
may be called by the chairperson upon the written request of at least (2) 12
members of the board. 13
(b) A simple majority of the board members shall constitute a quorum of the 14
board. 15
SECTION 3. A NEW SECTION OF KRS CHAPTER 309 IS CREATED TO 16
READ AS FOLLOWS: 17
(1) The board shall promulgate administrative regulations necessary to carry out the 18
provisions of Sections 1 to 11 of this Act, including: 19
(a) Issuing and renewing licenses to applicants who meet the requirements of 20
Sections 4 and 5 of this Act; 21
(b) Denying, suspending, or revoking a license to practice music therapy; 22
(c) Censuring, reprimanding, or placing a license holder or applicant on 23
probation or under supervisory conditions for a period not to exceed one (1) 24
year; 25
(d) Maintaining a current register of license holders as a matter of public 26
record; 27 UNOFFICIAL COPY 23 RS BR 239
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(e) Establishing procedures for receiving, investigating, and resolving 1
complaints against license holders; 2
(f) Conducting administrative hearings in accordance with KRS Chapter 13B 3
for disciplinary actions taken under authority of paragraphs (b) and (c) of 4
this subsection and Sections 7 and 8 of this Act; 5
(g) 1. Assessing fees for the issuance and renewal of licenses to cover 6
administrative and operating expenses of the board; and 7
2. Authorizing all disbursements necessary to carry out the provisions of 8
Sections 1 to 11 of this Act; and 9
(h) Establishing: 10
1. A code of ethics for license holders; 11
2. Continuing education requirements by adopting the Certification 12
Board for Music Therapists guidelines on continuing education; and 13
3. Conditions for inactive status and return to active status for license 14
holders. 15
(2) The board shall set through administrative regulation the amount of the fees 16
required to be paid by the applicants for licensure and the license holders, 17
including but not limited to: 18
(a) For an application for initial licensure as a licensed professional music 19
therapist, a nonrefundable fee not to exceed two hundred dollars ($200); 20
(b) The renewal fee for a licensed professional music therapist not to exceed 21
two hundred dollars ($200); 22
(c) For a duplicate or replacement license, a fee not to exceed twenty-five 23
dollars ($25); 24
(d) For failure to renew a license for a licensed professional music therapist 25
within the allotted grace period pursuant to Section 5 of this Act, a 26
reinstatement fee not to exceed one hundred dollars ($100); and 27 UNOFFICIAL COPY 23 RS BR 239
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(e) Other reasonable fees for administrative services. 1
SECTION 4. A NEW SECTION OF KRS CHAPTER 309 IS CREATED TO 2
READ AS FOLLOWS: 3
(1) The board shall issue a license as a music therapist to any person who files a 4
completed application, accompanied by the required fees, and who submits 5
satisfactory evidence that the applicant is at least eighteen (18) years of age and 6
demonstrates professional competence by: 7
(a) Holding a bachelor's degree or higher in music therapy, or its equivalent, 8
including clinical training hours from a program approved by the American 9
Music Therapy Association or any successor organization within an 10
accredited college or university; and 11
(b) Providing proof: 12
1. Of: 13
a. Passing the examination for board certification offered by the 14
Certification Board for Music Therapists or any successor 15
organization; or 16
b. Being transitioned into board certification; and 17
2. That the applicant is currently a board-certified music therapist. 18
(2) The board may issue a license to an applicant without examination by the 19
Certification Board for Music Therapists or who has not met the requirements 20
established by the American Music Therapy Association if the person possesses a 21
valid regulatory document issued by the appropriate examining board under the 22
laws of any other state or territory of the United States, the District of Columbia, 23
or any foreign nation that, in the judgment of the board, has requirements 24
substantially equivalent to or exceeding the requirements in this section. 25
(3) The board may facilitate the development of materials to educate the public 26
concerning music therapist licensure, the benefits of music therapy, and the 27 UNOFFICIAL COPY 23 RS BR 239
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utilization of music therapy by individuals, facilities, or institutions. 1
(4) The board may act as a facilitator of statewide dissemination of information 2
between music therapists, the American Music Therapy Association or any 3
successor organization, and the Certification Board for Music Therapists or any 4
successor organization. 5
SECTION 5. A NEW SECTION OF KRS CHAPTER 309 IS CREATED TO 6
READ AS FOLLOWS: 7
(1) After December 31, 2024, each license holder shall renew his or her license to 8
practice music therapy biennially by: 9
(a) Submitting a renewal application on a form provided by the board; 10
(b) Paying the license renewal fee; and 11
(c) Producing evidence of maintenance of the applicant's status as a board-12
certified music therapist. 13
(2) A ninety (90) day grace period shall be allowed for each license holder after the 14
licensure period, during which time the license may be renewed upon payment of 15
the renewal fee, the late fee, and compliance with all renewal requirements. 16
(3) (a) Any license granted by the board shall be automatically suspended if the 17
holder fails to apply for the license renewal pursuant to this section within a 18
period of ninety (90) days after the renewal deadline. 19
(b) Any suspended license may be restored by the board upon payment of a 20
reinstatement fee, not to exceed one hundred dollars ($100), in addition to 21
any unpaid renewal or late fees. 22
(c) Failure to renew a license within ninety (90) days from the date of 23
suspension as provided in this section shall cause the license to be 24
automatically revoked. 25
(d) Reinstatement of a revoked license shall require the license holder to 26
reapply and meet all current standards for licensure required by Sections 4, 27 UNOFFICIAL COPY 23 RS BR 239
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7, and 8 of this Act. 1
(4) A person licensed under the provisions of Section 4 of this Act who intends to 2
retire as a licensed professional music therapist shall notify the board in writing 3
before the expiration of his or her current license. If, within a period of five (5) 4
years from the year of retirement, the license holder wishes to resume practice as 5
a licensed professional music therapist, he or she shall notify the board in 6
writing, and upon giving proof of completing the required continuing education 7
and the payment of an amount equivalent to elapsed renewal fees, the license 8
shall be restored in full effect. 9
SECTION 6. A NEW SECTION OF KRS CHAPTER 309 IS CREATED TO 10
READ AS FOLLOWS: 11
(1) After December 31, 2024, no person shall: 12
(a) Engage in the practice of music therapy unless he or she is licensed under 13
Sections 1 to 11 of this Act; and 14
(b) Use the title "board-certified music therapist," "licensed professional music 15
therapist," LPMT or a title or letters that are substantially the same, or hold 16
himself or herself out as having this status unless he or she is licensed by 17
the board. 18
(2) (a) Sections 1 to 11 of this Act shall not apply to persons licensed, certified, or 19
registered under any other provision of the Kentucky Revised Statutes, or 20
personnel supervised by a licensed professional, performing work, including 21
the use of music, incidental to the practice of his or her licensed, certified, 22
or regulated profession or occupation, if that person does not represent 23
himself or herself as a music therapist. This includes but is not limited to: 24
1. Physicians; 25
2. Psychologists; 26
3. Psychoanalysts; 27 UNOFFICIAL COPY 23 RS BR 239
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4. Registered nurses; 1
5. Physical therapists; 2
6. Marriage and family therapists; 3
7. Social workers; 4
8. Occupational therapists; 5
9. Professional or rehabilitation counselors; and 6
10. Speech-language pathologists or audiologists. 7
(b) Nothing in Sections 1 to 11 of this Act shall be construed to limit, interfere 8
with, or restrict the practice, descriptions of services, or manner in which 9
these persons hold themselves out to the public. 10
(c) Sections 1 to 11 of this Act shall not apply to persons whose training and 11
national certification attests to the individual's preparation and ability to 12
practice his or her certified profession or occupation if that person does not 13
represent himself or herself as a music therapist. 14
(d) Nothing in Sections 1 to 11 of this Act shall be construed to alter, amend, or 15
interfere with the practice of employment counseling, job placement 16
counseling, or school counseling. 17
(3) Nothing in Sections 1 to 11 of this Act shall be construed to apply to the activities 18
and services of a student intern or trainee in music therapy who is pursuing a 19
program of studies in music therapy if the: 20
(a) Activities are performed under the supervision of a licensed professional 21
music therapist; 22
(b) Activities constitute a part of the supervised program of study; and 23
(c) Person is designated as a music therapist intern or student in training. 24
SECTION 7. A NEW SECTION OF KRS CHAPTER 309 IS CREATED TO 25
READ AS FOLLOWS: 26
(1) The board may refuse to issue, deny, suspend or revoke, impose probationary 27 UNOFFICIAL COPY 23 RS BR 239
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conditions upon, issue a written reprimand or admonishment, or perform any 1
combination thereof regarding any license held or applied for under the 2
provisions of Section 4 of this Act if the person: 3
(a) Is found guilty of fraud, deceit, or misrepresentation in procuring or 4
renewing or attempting to procure or renew a license to practice music 5
therapy; 6
(b) Committed any unfair, false, misleading, or deceptive act or practice; 7
(c) Has been negligent in the practice of music therapy; 8
(d) Is adjudicated mentally incompetent by a court; 9
(e) Has a conviction of a crime as defined in KRS 335B.010 involving sexual 10
misconduct or where dishonesty is a necessary element, if in accordance 11
with KRS Chapter 335B. Conviction shall include all instances in which a 12
plea of no contest is the basis of the conviction. A certified copy of the 13
record of conviction shall be conclusive evidence of the conviction; 14
(f) Is found guilty of unprofessional or unethical conduct in this or any other 15
jurisdiction; 16
(g) Has been using any controlled substance or alcoholic beverage to an extent 17
or in a manner dangerous to the person, any other person, or the public, or 18
to an extent that use impairs the ability to perform as a licensed professional 19
music therapist; 20
(h) Has violated any provision of Sections 1 to 11 of this Act or administrative 21
regulations promulgated thereunder; 22
(i) Failed to comply with an order issued by the board or an assurance of 23
voluntary compliance; or 24
(j) Willfully or negligently divulges a professional confidence. 25
(2) Disciplinary proceedings may be initiated upon the receipt by the board of a 26
sworn complaint by any person, including members of the board. 27 UNOFFICIAL COPY 23 RS BR 239
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(3) Two (2) years from the date of revocation, any person whose license has been 1
revoked may petition the board for reinstatement. The board shall investigate the 2
petition and may reinstate the licensee if the board finds that the individual has 3
complied with any terms prescribed by the board and is able to competently 4
engage in the practice of music therapy. 5
(4) If, after an investigation that includes an opportunity for the licensee to respond, 6
the board determines that a violation took place but was not of a serious nature, it 7
may issue a written admonishment to the licensee. A copy of the admonishment 8
shall be placed in the permanent file of the licensee. The licensee shall have the 9
right to file a response to the admonishment within thirty (30) days of its receipt 10
and to have the response placed in the permanent licensure file. The licensee may 11
alternatively, within thirty (30) days of the receipt, file a request for a hearing 12
with the board. Upon receipt of this request, the board shall set aside the written 13
admonishment and set the matter for a hearing under KRS Chapter 13B. 14
(5) The surrender of a license shall not deprive the board of its jurisdiction to 15
proceed with actions authorized under Sections 1 to 11 of this Act. 16
SECTION 8. A NEW SECTION OF KRS CHAPTER 309 IS CREATED TO 17
READ AS FOLLOWS: 18
(1) Before denying, revoking, suspending, imposing probationary or supervisory 19
conditions upon a license, issuing a written reprimand or admonishment, or 20
doing any combination of those regarding any licensee or applicant under 21
Sections 1 to 11 of this Act, the board shall set the matter for hearing as provided 22
by KRS Chapter 13B. 23
(2) After revoking, suspending, imposing probationary or supervisory conditions 24
upon a license, issuing a written reprimand or admonishment, or doing any 25
combination of those regarding any licensee or applicant, the board shall set the 26
matter for a hearing upon the written request of the applicant or licensee within 27 UNOFFICIAL COPY 23 RS BR 239
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thirty (30) days of the applicant's or licensee's receipt of the letter advising him or 1
her of the denial, refusal, admonishment, revocation, suspension, or other 2
disciplinary action taken. 3
(3) Any party aggrieved by a final order of the board may appeal to the Circuit Court 4
of the county where the alleged violation occurred as provided by KRS Chapter 5
13B. 6
SECTION 9. A NEW SECTION OF KRS CHAPTER 309 IS CREATED TO 7
READ AS FOLLOWS: 8
(1) Before a licensed professional music therapist provides music therapy services to 9
a client for an identified clinical or developmental need, the licensee shall review 10
the client's diagnosis, treatment needs, and treatment plan with the health care 11
providers involved in the client's care. 12
(2) Before a licensed professional music therapist provides music therapy services to 13
a student for an identified educational need in a special education setting, the 14
licensee shall review the Individualized Family Service Plan or review with the 15
education program team the student's diagnosis, treatment needs, and treatment 16
plan. 17
(3) During the provision of music therapy services to a client, the licensed 18
professional music therapist shall: 19
(a) Collaborate, as applicable, with the client's health care providers; and 20
(b) If the client has a communication disorder, collaborate and discuss the 21
music therapy treatment plan with the client's audiologist or speech-22
language pathologist so that a music therapist may work with the client and 23
address communication skills. 24
(4) When providing educational or health care services, a licensed professional 25
music therapist may not replace the services provided by an audiologist or a 26
speech-language pathologist. 27 UNOFFICIAL COPY 23 RS BR 239
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(5) Unless authorized to practice speech-language pathology, nothing in Sections 1 1
to 11 of this Act shall authorize a licensed professional music therapist to 2
evaluate, examine, instruct, or counsel on speech, language, communication, or 3
swallowing disorders and conditions. 4
(6) A licensed professional music therapist shall not represent himself or herself as 5
authorized to treat a communication disorder, but may represent himself or 6
herself as working with clients who have communication disorders and address 7
communication skills. 8
SECTION 10. A NEW SECTION OF KRS CHAPTER 309 IS CREATED TO 9
READ AS FOLLOWS: 10
There is hereby created in the State Treasury a trust and agency account to be known 11
as the licensed music therapy practice board fund. All moneys received by the board 12
under the provisions of Sections 1 to 11 of this Act shall be deposited for credit to the 13
licensed music therapy practice board fund. The fund shall be administered by the 14
Department of Professional Licensing in the Public Protection Cabinet. Any interest 15
earnings of the fund shall become a part of the fund and shall not lapse. 16
Notwithstanding KRS 45.229, amounts in the fund at the close of any fiscal year shall 17
not lapse but shall be carried forward into the next fiscal year. The moneys in the 18
licensed music therapy board fund shall be appropriated to the board and shall be used 19
for the purpose of carrying out the provisions of Sections 1 to 11 of this Act. 20
SECTION 11. A NEW SECTION OF KRS CHAPTER 309 IS CREATED TO 21
READ AS FOLLOWS: 22
Any person who violates or aids in the violation of the provisions of Sections 1 to 11 of 23
this Act shall, upon conviction, be fined not less than five hundred dollars ($500) nor 24
more than one thousand dollars ($1,000). 25
Section 12. The initial appointments to the Kentucky Board of Licensure for 26
Professional Music Therapists shall consist of three (3) music therapists who are not 27 UNOFFICIAL COPY 23 RS BR 239
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licensed under this chapter but who have been engaged in their respective practices for at 1
least five (5) years. Once licensing under this Act is implemented, music therapists 2
appointed to the board shall hold the requisite license. The initial appointments of board 3
members shall have staggered terms as follows: 4
(a) Two (2) members shall serve a term of three (3) years; 5
(b) Two (2) members shall serve a term of two (2) years; and 6
(c) One (1) member shall serve a term of one (1) year. 7