Amended in Senate May 27, 2015

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

begin delete An act to add Chapter 10.7 (commencing with Section 4650) to Division 2 of the Business and Professions Code, relating to music therapy. end delete begin insert An act to add Chapter 10.7 (commencing with Section 4650) to Division 2 of the Business and Professions Code, relating to music therapy. end insert

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.

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.

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

begin insert

The bill would specify that a music therapist who, on January 1, 2016, holds a particular professional designation is qualified to practice music therapy until January 1, 2020, and would authorize a state employee who is currently employed as a music therapist to continue to practice music therapy in his or her current position.

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:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Chapter 10.7 (commencing with Section 4650)
is added to Division 2 of the end insert begin insert Business and Professions Code end insert begin insert , to
read: end insert

begin insert

 

Chapter   begin insert 10.7. end insert Music Therapy

 

begin insert 4650. end insert   

This chapter shall be known, and may be cited, as the
Music Therapy Act.

begin insert 4651. end insert   

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.

begin insert 4652. end insert   

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.

begin insert 4653. end insert   

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.

begin insert 4654. end insert   

An individual providing music therapy interventions
shall not refer to himself or herself using the title of “Board
Certified Music Therapist” unless the individual has completed
all of the following:

(a) A bachelors degree or its equivalent, or higher, from a music
therapy degree program approved by the American Music Therapy
Association using standards as of January 1, 2016.

(b) A minimum of 1,200 hours of supervised clinical work
through preinternship training at an approved degree program or
internship training through an approved national roster or
university affiliated internship program, or the equivalent.

(c) The requirements for certification on January 1, 2016,
established by the CBMT for the MT-BC credential.

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, psychotherapy, or occupational therapy
for which a license is required under this division. While the use
of music is not restricted to any profession, the use of music 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.

begin insert 4656. end insert   

A music therapist who, on January 1, 2016, holds the
professional designation of registered music therapist (RMT),
certified music therapist (CMT), or advanced certified music
therapist (ACMT), and is in good standing with the National Music
Therapy Registry (NMTR), is qualified to practice music therapy
in California until January 1, 2020, when the NMTR will expire.

begin insert 4657. end insert   

Any state employee who is currently employed in a
position that is identified as a music therapist as of January 1,
2016, is authorized to continue to practice music therapy until he
or she retires, resigns, or is removed from that position by his or
her employer. That employee may continue to refer to himself or
herself as a music therapist and refer to his or her work as music
therapy, but he or she shall not refer to himself or herself as a
Board Certified Music Therapist.

end insert

begin delete

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.  

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.

4655.  

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 delete