BILL NUMBER: AB 1279 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 1, 2015
AMENDED IN SENATE MAY 27, 2015
AMENDED IN ASSEMBLY APRIL 20, 2015
AMENDED IN ASSEMBLY MARCH 26, 2015
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.
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.
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, therapy, as defined, from
using the title of "Board Certified Music Therapist" unless the
person has completed specified education and clinical training
requirements. This 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 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. The bill would also
prohibit its provisions from being construed to impact state
classification requirements for music therapists.
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.
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 a statutory definitions relating
to the practice defini tion 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 address
physical, emotional, cognitive, and social needs of individuals
within a therapeutic relationship by a qualified
individual. relationship. 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,
(2) Music therapy plans shall establish
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 who
provides 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.
current standards, beginning with those adopted on April 1,
2015.
(b) A minimum of 1,200 hours of supervised clinical work through
preinternship training at an approved degree program or
and internship training through an approved
national roster or university affiliated internship program, or the
equivalent.
(c) The current requirements for certification
on January 1, 2016, certification, beginning with
those adopted on April 1, 2015, established by the CBMT for the
MT-BC credential.
4655. (a) 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. Section 4654.
(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.
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.
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.
4656. 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.