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, as defined, from using the title of “Board Certified Music Therapist” unless the person has completed specified education and clinical training requirements. 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.begin delete The bill would also prohibit its provisions from being construed to impact state classification requirements for music therapists.end delete
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Chapter 10.7 (commencing with Section 4650)
2is added to Division 2 of the Business and Professions Code, to
3read:
4
This chapter shall be known, and may be cited, as the
8Music Therapy Act.
The Legislature finds and declares the following:
10(a) Existing national certification of music therapist requires
11the therapist to have graduated with a bachelor’s degree or its
12equivalent, or higher, from a music therapy degree program
13approved by the American Music Therapy Association (AMTA),
14successful completion of a minimum of 1,200 hours of supervised
P3 1clinical work through preinternship training at an approved degree
2program, and internship training through approved national roster
3or university affiliated internship programs, or an equivalent.
4(b) Upon successful completion of the AMTA academic and
5clinical training
requirements or its international equivalent, an
6individual is eligible to sit for the national board certification exam
7administered by the Certification Board for Music Therapists
8(CBMT), an independent, nonprofit corporation fully accredited
9by the National Commission for Certifying Agencies.
10(c) The CBMT grants the Music Therapist-Board Certified
11(MT-BC) credential to music therapists who have demonstrated
12the knowledge, skills, and abilities for competence in the current
13practice of music therapy. The purpose of board certification in
14music therapy is to provide an objective national standard that can
15be used as a measure of professionalism and competence by
16interested agencies, groups, and individuals.
17(d) The MT-BC is awarded by the CBMT to an individual upon
18successful
completion of an academic and clinical training program
19approved by the AMTA or an international equivalent and
20successful completion of an objective written examination
21
demonstrating current competency in the profession of music
22therapy. The CBMT administers this examination, which is based
23on a nationwide music therapy practice analysis that is reviewed
24and updated every five years to reflect current clinical practice.
25(e) Once certified, a music therapist must adhere to the CBMT
26Code of Professional Practice and recertify every five years through
27either a program of continuing education or reexamination.
It is the intent of the Legislature that this chapter do the
29following:
30(a) Provide a statutory definition of music therapy.
31(b) Enable consumers and state and local agencies to more easily
32identify qualified music therapists.
As used in this chapter:
34(a) “Music therapy” means the clinical and evidence-based use
35of music therapy interventions in developmental, rehabilitative,
36habilitative, medical, mental health, preventive, wellness care, or
37educational settings to address physical, emotional, cognitive, and
38social needs of individuals within a therapeutic
relationship. Music
39therapy includes the following:
P4 1(1) The development of music therapy treatment plans specific
2to the needs and strengths of the client who may be seen
3individually or in groups.
4(2) Music therapy plans shall establish goals, objectives, and
5potential strategies of the music therapy services appropriate for
6the client and setting.
7(b) “Music therapy interventions” include, but are not limited
8to, music improvisation, receptive music listening, song writing,
9lyric discussion, music and imagery, singing, music performance,
10learning through music, music combined with other arts,
11music-assisted relaxation, music-based patient education, electronic
12music technology, adapted music
intervention, and movement to
13music.
An individual who provides music therapy shall not refer
15to himself or herself using the title of “Board Certified Music
16Therapist” unless the individual has completed all of the following:
17(a) A bachelors degree or its equivalent, or higher, from a music
18therapy degree program approved by the American Music Therapy
19Association using current standards, beginning with those adopted
20on April 1, 2015.
21(b) A minimum of 1,200 hours of supervised clinical work
22through preinternship training at an approved degree program and
23internship training through an approved national roster or university
24affiliated
internship program, or the equivalent.
25(c) The current requirements for
certification, beginning with
26those adopted on April 1, 2015, established by the CBMT for the
27MT-BC credential.
begin delete(a)end deletebegin delete end deleteThis chapter shall not be construed to authorize a
29person engaged in music therapy to state or imply that he or she
30provides mental health counseling, psychotherapy, or occupational
31therapy for which a license is required under this division. While
32the use of music is not restricted to any profession, the use of music
33shall not imply or suggest that the person is a Board Certified
34Music Therapist, if he or she does not meet the criteria specified
35in Section 4654.
36(b) This chapter shall not be construed to impact the State
37Personnel Board or the Department of Human Resources’
38classification requirements for music therapists, nor to displace
39any music therapists who are currently employed with the state,
40however, a person so employed may not represent himself or
P5 1herself as a Board Certified Music Therapist without meeting the
2criteria specified in Section 4654.
It is an unfair business practice within the meaning of
4Chapter 5 (commencing with Section 17200) of Part 2 of Division
57, for a person to use the title “Board Certified Music Therapist”
6if he or she does not meet the requirements of Section 4654.
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