BILL ANALYSIS Ó
AB 1279
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Date of Hearing: April 28, 2015
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Susan Bonilla, Chair
AB 1279
Holden - As Amended April 20, 2015
SUBJECT: Music therapy.
SUMMARY: Establishes the Music Therapy Act and provides that
only a qualified individual, as specified, may call himself or
herself a "Board Certified Music Therapist."
EXISTING LAW:
1)Provides for the regulation of various healings arts
professions and vocations under the Business and Professions
Code. (Business and Professions Code (BPC) Section 500 et
seq.)
2)Specifies that provisions relating to the licensure and
regulations of healing art practitioners do not apply to art
therapists, dance therapists, music therapists, and recreation
therapists, who are personnel of health facilities. (BPC
Section 4507)
THIS BILL:
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3)Defines "music therapy" to mean 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.
4)Specifies that music therapy includes all of the following:
a) The development of music therapy treatment plans
specific to the needs and strengths of the client who may
be seen individually or in groups;
b) Individualized treatment plans for each client; and,
c) The establishment of goals, objectives, and potential
strategies of the music therapy services appropriate for
the client and the treatment setting.
5)Specifies that "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.
6)Specifies that a "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 certification from the
Certification Board for Music Therapists (CBMT).
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7)Prohibits an individual providing music therapy interventions
from using the title "Board Certified Music Therapist" unless
the individual meets the criteria specified in number four
above and has been awarded the credential from the CBMT.
8)Clarifies that persons engaged in music therapy are not
permitted to state or imply that they provide mental health
counseling or psychotherapy for which a license is required.
9)Specifies that the use of music is not restricted to any
licensed or unlicensed professional.
10)Further specifies that an individual is not permitted to call
themselves a "Board Certified Music Therapist" if he or she
does not meet the requirements, as specified.
11)Makes findings and declarations relating to the educational
and training standards for music therapists and the CBMT.
12)States the intent of the Legislature is to provide statutory
definitions relating to the practice of music therapy and
enable consumers and state and local agencies to more easily
identify qualified music therapists.
FISCAL EFFECT: None. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS:
1)Purpose. This bill is sponsored by the Certification Board
for Music Therapists . According to the author, "[This bill]
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creates a uniform definition for music therapy services and
clearly defines what education and clinical training
requirements must be completed in order to call [oneself] a
"Board Certified Music Therapist" in California. Music
therapists use music interventions to accomplish non-musical
goals for people of all ages and ability levels within a
therapeutic relationship. This bill would protect consumers
from potential harm or misrepresentation from unqualified
individuals that are not practicing under the CBMT Code of
Professional Practice.
A qualified music therapist must have graduated with a
bachelor's degree or higher from a music therapy degree
program approved by the American Music Therapy Association
(AMTA); and must have successfully completed a minimum of
1,200 hours of supervised clinical work including internship
training through an AMTA-approved National Roster or
University Affiliated internship program, or an equivalent;
and must pass the national board certification exam
administered by the CBMT; and must complete 100 continuing
education credits every five years for recertification.
Board certified music therapists would not only demonstrate
competency, but would have to adhere to continuing education
standards that, given the settings they work in, would ensure
that their competencies remain current and in the best
interests of clients. As a result, clients will receive the
most up to date music therapy services that they need and
deserve."
2)Background. According to the AMTA, music therapy is the
clinical and evidence-based use of music interventions to
accomplish individualized goals within a therapeutic
relationship by a credentialed professional who has completed
an approved music therapy program. Musical therapists use
music strategies, both instrumental and vocal, which are
designed to facilitate changes that are non-musical in nature.
Music therapy programs are based on individual assessment,
treatment planning, and ongoing program evaluation. In
California, there are approximately 430 board-certified music
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therapists. Music therapists work in a variety of settings
including psychiatric treatment centers, outpatient clinics,
community mental health centers, substance abuse programs,
group homes, rehabilitation facilities, medical hospitals,
senior centers, schools, hospice and other facilities.
Although this bill establishes title protection for those
individuals who have met specific educational requirements and
passed an examination as determined by the CBMT, this bill
clarifies that title protection does not prohibit the practice
of music therapy. This bill also clarifies that persons
certified by the CBMT are not authorized to provide mental
health counseling which requires a license.
Certifying Authority. The CBMT is the entity responsible for
certifying music therapists, and certification is voluntary.
The CBMT is an autonomous certifying agency that grants
credential recognition to music therapists who have met the
CBMT standards and who continue to engage in professional
growth and development. Certified individuals are required to
obtain recertification every five years. The CBMT is
currently the only entity that certifies music therapists.
Prior to the CBMT certification process, music therapists were
registered with the National Association of Music Therapy
which no longer certifies music therapists.
The CBMT reports that there are over 6,300 certified music
therapists nationally. According to the CBMT, candidates for
Music Therapy Board Certification must have successfully
completed the academic and clinical training requirements for
music therapy, or their equivalent as established by the AMTA.
According to the AMTA, there are two schools in California
that provide an approved degree in music therapy which are
approved for certification. These schools are: California
State University, Northridge and the University of the
Pacific.
Other States. According to the CBMT, there are seven other
states, Georgia, New York, Nevada, North Dakota, Rhode Island,
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Utah, and Wisconsin, which require some form of regulation for
music therapists. Georgia requires music therapists to be
licensed. New York specifies that music therapists practicing
Creative Arts Therapy and the use of the titles "Creative Arts
Therapist" and "Licensed Creative Arts Therapist" or any
derivative thereof, requires licensure as a Creative Arts
Therapist. Nevada requires music therapists to be licensed
according to the Nevada State Health Division, Bureau of
Health Care Quality and Compliance. In North Dakota, music
therapists are required to be licensed under the State Board
of Integrative Health Care. Rhode Island established a State
Registry for music therapists, Utah has a State Certification
and, Wisconsin requires that Music Therapists be registered
with the Wisconsin Department of Regulations and Licensing.
The Washington State Department of Public Health, "?recognizes
the therapeutic benefit of music to address the cognitive,
emotional, physical, social, or functional needs of clients,
and the value of music to comfort and aid those who are sick,
injured, or dying. However, the department does not support
the proposal to require state certification of music
therapists."
This bill would not require a registration or a license in
order to practice music therapy in California, but instead
would specify that in order to use the title "Board Certified
Music Therapist" an individual must be certified by the CBMT.
Title Act vs. Practice Act. There is an important distinction
between regulations which require licensure and those which
protect a professional title. Statutes regulating professions
in California generally fall into two categories: a "practice
act" or a "title act." A "practice act" regulates the duties,
responsibilities and scope of practice that a licensee can
perform upon meeting specific educational, experiential or
training requirements. A "title act" simply regulates the use
of the title an individual may use in practice. In order to
be permitted to use a title, a state may require proof that an
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individual has a certain level of experience or education
relevant to the particular title being regulated. Title
protection is generally intended to be a means of market
differentiation whereas a "practice act" would literally
prohibit individuals from engaging in the practice regardless
of how it is described. As currently written, this bill would
allow individuals to continue to practice music therapy in
California but they would be prohibited from using only the
title "Board Certified Music Therapist."
The Role of Title Protection. This bill will provide
CBMT-certified music therapists with title protection, while
those non-certified individuals who advertise the use of the
name "Board Certified Music Therapist" could risk possible
legal action. Currently, there is not a grandfathering
provision in this bill which would allow individuals who may
have been practicing music therapy or calling themselves
"Board Certified Music Therapists" to continue calling
themselves "Board Certified Music Therapists," including those
that may have been certified by another entity. In addition,
this bill will clarify that title protection does not permit
the practice of mental health services for which a license is
required.
Music Therapy in California. There are two main reasons for
establishing title protection and creating a definition for
music therapy and setting the standards for Board Certified
Music Therapists: 1) to update current California regulations,
and 2) to create a consistent definition for music therapy in
order to alleviate any potential confusion around the types of
services that are provided by music therapists, as they
sometimes may be confused with other types of non-licensed
therapy services such as art therapy or recreational therapy.
According to the author, inconsistencies in current state
regulations (Code of Regulations, Title 5, 7, 9 and 22)
include references to obsolete credentialing agencies that no
longer exist have created confusion regarding the practice of
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music therapy in California. For example, under current
regulations for mental health rehabilitation centers, skilled
nursing facilities, intermediate care facilities, intermediate
care facilities for the developmentally disabled, and adult
day health centers, the definition of "music therapist" is a
person who has a bachelor's degree in music therapy and who is
registered or eligible for registration as a music therapist
by the National Association for Music Therapy, (9 CCR Section
782.36, 22 CCR Section 72069, 22 CCR Section 73065, 22 CCR
Section 76105, 22 CCR Section 78065). According to the author
and sponsor, the National Association for Music Therapy no
longer registers music therapists, as it is now handled by the
CBMT. However, the current Department of Education
Regulations for purposes of special education, have already
revised those regulations to update the certifying entity and
specify that music therapy may be provided only by personnel
who hold a certifying credential from the CBMT on the
completion of all academic and clinical training requirements
(5 CCR Section 3051.21). By adding a standardized definition
for the term "music therapy," the author contends that it will
help ensure continuity and uniformity of service for all who
practice and receive music therapy.
Current Related Legislation. AB 161 (Chau) of the current
legislative session establishes title protection for certified
athletic trainers. STATUS: This bill is pending in the Senate
Rules Committee.
ARGUMENTS IN SUPPORT:
The Certification Board for Music Therapists writes in support,
"This measure, by establishing statutory definitions, will
provide the authority to correct inconsistencies, including
references to obsolete credentialing agencies that no longer
exist. These inconsistencies and outdated references have
created confusion regarding the practice of music therapy not
only in the public, but within state services in the various
departments who utilize music therapists. This bill is
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important because music therapists are typically part of
interdisciplinary teams working in such settings as education,
corrections, mental health, substance abuse, trauma centers,
veterans' hospitals and treatment centers, neonatal units,
intensive care, oncology, pediatrics, hospice, developmental
centers and more."
ARGUMENTS IN OPPOSITION:
None on file.
POLICY ISSUE FOR CONSIDERATION:
As noted by the author, at one time, individuals who sought
professional recognition as music therapists applied for a
registration with the National Association of Music Therapy,
until the CBMT became the certifying entity. It is unclear how
many individuals are practicing music therapy under a
certification issued by the prior certifying authority. The
author may wish to continue investigating this issue to ensure
that individuals who have obtained the appropriate recognition
from an industry-recognized authority may continue to be
recognized by their certification standards.
REGISTERED SUPPORT:
Certification Board for Music Therapists (sponsor)
California Athletic Trainers' Association
Mobile Music Therapy Services of Orange County
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Numerous individuals
REGISTERED OPPOSITION:
None on file.
Analysis Prepared by:Elissa Silva / B. & P. / (916) 319-3301