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HOUSE DOCKET, NO. 3582 FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 3939
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Kate Donaghue
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to music therapy licensure.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Kate Donaghue19th Worcester1/17/2025 1 of 11
HOUSE DOCKET, NO. 3582 FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 3939
By Representative Donaghue of Westborough, a petition (accompanied by bill, House, No. 3939)
of Kate Donaghue for legislation to establish a board of registration for music therapists.
Consumer Protection and Professional Licensure.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act relative to music therapy licensure.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Chapter 13 of the General Laws is hereby amended by adding the following
2section:-
3 Section 111. (a) There shall be within the department of public health a board of
4registration for music therapists. The board shall consist of 5 members appointed by the governor
5who are citizens of the United States and residents of the commonwealth including: (i) 1 member
6shall be a representative of the public, subject to the provisions of section 9B; (ii) 2 members
7shall be board certified music therapists who have had at least 3 years’ experience practicing
8music therapy in the commonwealth immediately preceding appointment; and (iii) 2 members
9shall be educators of music therapy who have had at least 3 years’ experience teaching music
10therapy in a post-secondary educational institution in the commonwealth immediately preceding
11appointment. Appointments of members shall be for a period of 3 years except for the initial
12appointments of which: (A) 1 member shall be for 1 year; (B) 2 members shall be for 2 years; 2 of 11
13and (C) 2 members shall be for 3 years. No member shall be appointed for more than 2
14consecutive terms. In the event of a vacancy in the office of a member of the board other than by
15expiration of a term, the governor shall appoint a person to fill the vacancy for the unexpired
16term.
17 (b) The board shall elect annually by majority vote a chair and a secretary. The board
18shall meet quarterly or more frequently upon the call of the chair of the board. Members shall
19receive no compensation for their services but shall be entitled to reasonable travel and other
20expenses provided that the expenses of the members of the board, the cost of personnel providing
21services to the board and all other expenses associated with the operation of the board are
22generated by licensure fees.
23 (c) The board shall establish the requirements for registration, establish ethical standards,
24investigate complaints, evaluate the qualifications of applicants and grant licenses to those who
25pass the examination and who are determined to be qualified as music therapists. The board shall
26also evaluate the qualifications of applicants. In considering the qualifications of applicants for
27licensure, the board may choose to consider the standards and methods of certification and
28examination prescribed by the Certification Board of Music Therapists or a successor
29organization and may implement those standards as it deems appropriate.
30 (d) The board shall adopt such rules and regulations consistent with law as it deems
31necessary in the performance of its duties.
32 SECTION 2. Section 1 of chapter 112 of the General Laws, as appearing in the 2022
33Official Edition, is hereby amended by inserting after the word “sanitarians”, in line 23, the
34following words:- , the board of registration for music therapists. 3 of 11
35 SECTION 3. Said chapter 112 is hereby further amended by adding the following
36section:-
37 Section 298. (a) For the purpose of this section, the following terms shall, unless the
38context clearly requires otherwise, have the following meanings:
39 “Board”, the board of licensure for music therapists established in section 111 of chapter
4013.
41 “Board-certified music therapist”, an individual who holds current board certification
42from the Certification Board for Music Therapists.
43 “Commissioner”, the commissioner of the department of public health.
44 “Department”, the department of public health.
45 “Licensed professional music therapist”, a person who is licensed to practice music
46therapy pursuant to the provisions of this section.
47 “Music therapy”, the clinical and evidence-based use of music interventions to
48accomplish individualized goals for people of all ages and ability levels within a therapeutic
49relationship by a board-certified music therapist who develops individualized music therapy
50treatment plans specific to the needs and strengths of the client, who may be seen individually or
51in groups. The goals, objectives, and potential strategies of music therapy services are
52appropriate for the client and the setting. Music therapy interventions may include: (i) music
53improvisation; (ii) receptive music listening; (iii) songwriting; (iv) lyric discussion; (v) music
54and imagery; (vi) singing; (vii) music performance; (viii) learning through music; (ix) music 4 of 11
55combined with other arts; (x) music-assisted relaxation; (xi) music-based patient education; (xii)
56electronic music technology; (xiii) adapted music intervention; and (xiv) movement to music.
57 (b) The practice of music therapy does not include the screening, diagnosis or assessment
58of any physical, mental or communication disorder. Music therapy may include the following:
59 (i) accepting referrals for music therapy services from: (A) medical, developmental,
60mental health or education professionals; (B) family members; (C) clients; (D) caregivers; or (E)
61others involved and authorized to provide client services;
62 (ii) conducting a music therapy assessment of a client to determine if treatment is
63indicated and if treatment is indicated, the music therapist shall collect systematic,
64comprehensive and accurate information to determine the appropriate music therapy services to
65provide for the client;
66 (iii) developing an individualized music therapy treatment plan for the client, based on
67the results of the music therapy assessment in clause (ii), that shall include: (A) individualized
68goals and objectives that focus on the assessed needs and strengths of the client; and (B)
69specifies the music therapy approaches and interventions to be used;
70 (iv) implementing the individualized music therapy treatment plan, which may be
71consistent with other developmental, rehabilitative, habilitative, medical, mental health,
72preventive, wellness or educational services being provided to the client;
73 (v) evaluating the client’s response to the music therapy treatment plan, documenting
74changes and progress and suggesting modifications as appropriate; 5 of 11
75 (vi) developing a plan for determining when music therapy services are no longer needed,
76in collaboration with: (A) the client; (B) physician or other provider of healthcare or education;
77(C) family members; and (D) any other appropriate support person;
78 (vii) minimizing any barriers to ensure that the client receives music therapy services in
79the least restrictive environment;
80 (viii) collaborating with and educating the client, the client’s family, caregivers or other
81appropriate persons regarding the needs being addressed in music therapy and how the treatment
82plan addresses those needs; and
83 (ix) utilizing appropriate knowledge, skills, research, reasoning and problem-solving
84abilities to inform practice and determine the best course of action in each specific clinical
85setting.
86 (c)(1) The board shall:
87 (i) evaluate the qualifications of applicants and grant licenses to those persons who are
88determined to be a qualified licensed professional music therapist based upon applicants passing
89certification examinations, as prescribed by the Certification Board for Music Therapists or any
90succeeding organization;
91 (ii) evaluate the qualifications of applicants and grant license renewals for licensed
92professional music therapist based upon evidence of the satisfactory completion of continuing
93education requirements as determined and published by the board; 6 of 11
94 (iii) require applicants for license renewals for licensed professional music therapist to
95present evidence of their satisfactory completion of continuing education requirements and
96current board certification;
97 (iv) receive and investigate complaints relating to the practice of music therapy and may
98report complaints and the results of an investigation to the proper prosecuting officers where
99appropriate; and
100 (v) prepare annually a list of the names and addresses of persons who are licensed to
101practice music therapy.
102 (2) The board may, after a hearing held pursuant to chapter 30A: revoke, suspend or
103place on probation the license of or reprimand a licensed professional music therapist if such
104person has: (i) fraudulently procured a license; (ii) violated any laws relative to the practice of
105music therapy or any rule or regulation adopted thereunder; (iii) committed professional
106misconduct in the practice of music therapy; or (iv) practiced music therapy while impaired by
107alcohol or drugs; provided, however, that a person whose license has been revoked may reapply
108for a license after 1 year from the date of revocation and the board may, in its discretion, grant a
109license upon such terms and conditions as the board may deem appropriate.
110 (d) An applicant who desires to be a licensed music therapist shall apply to the board in
111writing on an application form prescribed and furnished by the board. At the time of filing the
112application, an applicant for a license shall pay to the board a fee that shall be set by the secretary
113of administration and finance.
114 (e) The board may at its discretion and without examination license as a professional
115music therapist any applicant who is duly licensed or registered under the laws of another state or 7 of 11
116territory in the United States, the District of Columbia or the commonwealth of Puerto Rico;
117provided, however, that the applicant shall meet the requirements for licensure in the
118commonwealth pursuant to this section and shall pay the appropriate fee set by the secretary of
119administration and finance.
120 (f) The board shall license as a professional music therapist each applicant who meets the
121requirements set forth in subsection (h). The board shall issue a license to each person so
122licensed, which shall be conclusive evidence of the right of such person to practice.
123 (g) A licensed professional music therapist shall apply to the board every 2 years on dates
124determined by the board for renewal of such license and shall pay to the board a fee which shall
125be set by the secretary of administration and finance.
126 (h)(1) To be eligible for a license by the board to be a professional music therapist, an
127applicant shall: (i) be of good moral character; (ii) possess a bachelor's degree or higher in music
128therapy, or its equivalent, including clinical training hours, from a music therapy program within
129an accredited college or university; (iii) provide proof: (A) of passing the examination for board
130certification offered by the Certification Board for Music Therapists or any successor
131organization; or (B) of being transitioned into board certification; and (iv) provides proof that the
132applicant is currently a board certified music therapist.
133 (2) An applicant shall issue a completed application upon a form and in such manner as
134the board prescribes, accompanied by applicable fees and evidence satisfactory to the board that
135the applicant is licensed and in good standing as a music therapist in another jurisdiction where
136the qualifications required are equal to or greater than those required in this section at the date of
137application. 8 of 11
138 (i)(1) The board may issue a provisional license to an applicant who meets the
139requirements of provisional licensure as a licensed professional music therapist under this
140section; provided, however, that any provisional license issued shall be in the area in which the
141applicant will apply for licensure under subsection (h).
142 (2) To be eligible for a provisional licensure as a licensed professional music therapist, an
143applicant shall: (i) be of good moral character; and (ii) possess a bachelor's degree or higher in
144music therapy, or its equivalent, including clinical training hours, from a music therapy program
145within an accredited college or university.
146 (3) An applicant for provisional licensure as a licensed professional music therapist shall
147apply to the board in writing on an application form prescribed by the board. At the time of filing
148the application, an applicant for provisional licensure shall pay to the board a fee that shall be set
149by the secretary of administration and finance.
150 (4) The provisional license shall be valid not longer than 6 months.
151 (j) The provisions of this section shall not prohibit the activities and services of: (i) a
152qualified person licensed in the commonwealth from engaging in the profession or business that
153they are licensed, including activities and services by a physician licensed to practice medicine
154and surgery and by a person employed by and under the direct supervision of such physician; and
155(ii) a person engaged in fulfilling the requirements set forth in clauses (ii) and (iii) of subsection
156(h).
157 (k) No person without a license as a professional music therapist shall use the title of
158music therapist, licensed professional music therapist or any similar title or practice music 9 of 11
159therapy. Nothing in this section may be construed to prohibit or restrict the practice, services or
160activities of the following:
161 (i) any person licensed, certified or regulated under the laws of the commonwealth in
162another profession or occupation, including physicians, psychologists, psychoanalysts, registered
163nurses, marriage and family therapists, social workers, occupational therapists, professional or
164rehabilitation counselors, speech-language pathologists or audiologists or personnel supervised
165by a licensed professional, performing work, including the use of music, incidental to the
166practice of his or her licensed, certified or regulated profession or occupation, if that person does
167not represent himself or herself as a music therapist;
168 (ii) any person whose training and national certification attests to the individual's
169preparation and ability to practice their certified profession or occupation, if that person does not
170represent themself as a music therapist;
171 (iii) any practice of music therapy as an integral part of a program of study for students
172enrolled in an accredited music therapy program, if the student does not represent themself as a
173music therapist; or
174 (iv) any person who practices music therapy under the supervision of a licensed
175professional music therapist, if the person does not represent themself as a music therapist.
176 (l)(1) Before a licensed professional music therapist provides music therapy services: (i)
177to a client for an identified clinical or developmental need, the licensed professional music
178therapist shall review the client's diagnosis, treatment needs and treatment plan with the health
179care providers involved in the client's care. 10 of 11
180 (2) Before a licensed professional music therapist provides music therapy services to a
181student for an identified educational need in a special education setting, the licensed professional
182music therapist shall review with the individualized family service plan team or individualized
183education program team the student's diagnosis, treatment needs and treatment plan.
184 (3) During the provision of music therapy services to a client, the licensed professional
185music therapist shall collaborate, as applicable, with the client’s treatment team, including the
186client's physician, psychologist, licensed clinical social worker or other mental health
187professional.
188 (4) During the provision of music therapy services to a client with a communication
189disorder, the licensed professional music therapist shall collaborate and discuss the music
190therapy treatment plan with the client's audiologist or speech-language pathologist so that a
191music therapist may work with the client and address communication skills.
192 (5) When providing educational or health care services, a licensed professional music
193therapist may not replace the services provided by an audiologist or a speech-language
194pathologist. Unless authorized to practice speech-language pathology, music therapists may not
195evaluate, examine, instruct or counsel on speech, language, communication and swallowing
196disorders and conditions. An individual licensed as a professional music therapist may not
197represent to the public that the individual is authorized to treat a communication disorder. This
198does not prohibit an individual licensed as a professional music therapist from representing to the
199public that the individual may work with clients who have a communication disorder and address
200communication skills. 11 of 11
201 (m) Any person who: (i) violates any provision of subsections (c) through (k), inclusive;
202(ii) willfully makes a false oath or affirmation in any case in which an oath or affirmation is
203required under said subsections; or (iii) obtains or attempts to obtain registration by any willful
204fraudulent representation shall be punished by a fine of not less than $500 and not more than
205$1,000.