BILL ANALYSIS Ó
AB 1279
Page 1
ASSEMBLY THIRD READING
AB
1279 (Holden)
As Amended April 20, 2015
Majority vote
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|Committee |Votes |Ayes |Noes |
|----------------+------+---------------------+---------------------|
|Business & |14-0 |Bonilla, Jones, | |
|Professions | |Baker, Bloom, Burke, | |
| | |Chang, Dodd, Eggman, | |
| | |Gatto, Holden, | |
| | |Mullin, Ting, Wilk, | |
| | |Wood | |
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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." Specifically, this bill:
1)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.
2)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
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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.
3)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.
4)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).
5)Prohibits an individual providing music therapy interventions
from using the title "Board Certified Music Therapist" unless
the individual meets the criteria specified in 4) above and has
been awarded the credential from the CBMT.
6)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.
7)Specifies that the use of music is not restricted to any
licensed or unlicensed professional.
8)Further specifies that an individual is not permitted to call
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themselves a "Board Certified Music Therapist" if he or she does
not meet the requirements, as specified.
9)Makes findings and declarations relating to the educational and
training standards for music therapists and the CBMT.
10)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] 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
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national board certification exam administered by the CBMT; and
must complete 100 continuing education credits every five years
for recertification."
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 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.
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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.
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 (CCR), Titles 5, 7, 9 and 22)
include references to obsolete credentialing agencies that no
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longer exist have created confusion regarding the practice of
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.
Other States. According to the CBMT, there are seven other
states, Georgia, New York, Nevada, North Dakota, Rhode Island,
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
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requires that Music Therapists be registered with the Wisconsin
Department of Regulations and Licensing.
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.
Analysis Prepared by:
Elissa Silva / B. & P. / (916) 319-3301 FN:
0000250