Amended in Assembly April 20, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1279

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. begin delete Existing law does not provide for the licensure of music therapists. end delete

begin insert

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.

end insert

This bill would begin delete provide that only a qualified person, defined as an individual who end delete begin insert prohibit a person who provides music therapy interventions, as defined, from using the title of “Board Certified Music Therapist” unless the person end insert has completed the education and clinical training requirements established by begin delete a specified music therapy association end delete begin insert the American Music Therapy Association end insert and begin delete who end delete holds current board certification begin insert and an MT-BC credential end insert from begin delete 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. end delete begin insert 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. end insert

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.  

begin delete Only qualified persons, as defined in subdivision (c) of
Section 4653, shall be permitted to perform music therapy
interventions in the State of California. end delete 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.

begin insert

begin insert 4655. end insert   

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.

end insert