Amended in Senate July 1, 2015

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

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.

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Existing law defines “unfair competition” to mean and include any unlawful, unfair, or fraudulent business act or practice and unfair, deceptive, untrue, or misleading advertising. Under existing law, a person who engages in unfair competition is liable for a civil penalty not to exceed $2,500 for each violation.

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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 begin delete therapy interventions, end delete begin insert therapy, end insert as defined, from using the title of “Board Certified Music Therapist” unless the person has completed specified education and clinical training requirements. begin delete This end delete begin insert The bill would also establish that it is an unfair business practice for a person to use the title “Board Certified Music Therapist” if he or she does not meet those requirements. The end insert 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, psychotherapy, or occupational therapy 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 also prohibit its provisions from being construed to impact state classification requirements for music therapists. end insert

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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.

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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 begin insert a end insert statutory begin delete definitions relating to the practice end delete
begin insert definition end insert 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 begin delete accomplish individualized goals for people
of all ages and ability levels end delete begin insert address physical, emotional, cognitive,
and social needs of individuals end insert within a therapeutic begin delete relationship
by a qualified individual. end delete begin insert relationship. end insert Music therapy includes begin delete all
of end delete 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.

begin delete

(2) Individualized treatment plans for each client.

end delete begin delete

(3) The establishment of goals,

end delete

begin insert (2) end insert begin insert   end insert begin insert Music therapy plans shall establish goals, end insert 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.

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(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.

end delete

4654.  

An individual begin delete providing end delete begin insert who provides end insert music therapy
begin delete interventions end delete 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 begin delete standards as of January 1, 2016. end delete begin insert current
standards, beginning with those adopted on April 1, 2015. end insert

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

(c) The begin insert current end insert requirements for begin delete certification on January 1,
2016, end delete begin insert certification, beginning with those adopted on April 1, 2015, end insert
established by the CBMT for the MT-BC credential.

4655.  

begin insert (a) end insert begin insert   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 begin delete subdivision (c) of Section 4653. end delete begin insert Section 4654. end insert

begin insert

(b) This chapter shall not be construed to impact the State
Personnel Board or the Department of Human Resources’
classification requirements for music therapists, nor to displace
any music therapists who are currently employed with the state,
however, a person so employed may not represent himself or
herself as a Board Certified Music Therapist without meeting the
criteria specified in Section 4654.

end insert

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4656.  

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.

end delete begin delete

4657.  

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 delete begin insert

begin insert 4656. end insert   

It is an unfair business practice within the meaning of
Chapter 5 (commencing with Section 17200) of Part 2 of Division
7, for a person to use the title “Board Certified Music Therapist”
if he or she does not meet the requirements of Section 4654.

end insert