BILL ANALYSIS Ó
SENATE COMMITTEE ON
BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
Senator Jerry Hill, Chair
2015 - 2016 Regular
Bill No: AB 1279 Hearing Date: June 8,
2015
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|Author: |Holden |
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|Version: |May 27, 2015 Amended |
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|Urgency: |No |Fiscal: |No |
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|Consultant|Sarah Huchel |
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Subject: Music therapy.
SUMMARY: Establishes the Music Therapy Act, designates title protection
for the term "Board Certified Music Therapist," and determines
who is a "qualified individual" for purposes of practicing music
therapy.
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) §§ 500 et seq.)
2)Requires, for purposes of special education programs within
Department of Education, that music therapy be provided only
by personnel who hold a Music Therapist - Board Certified
credential from the Certification Board for Music Therapists
(CBMT) on the completion of all academic and clinical training
requirements, and after successfully passing the CBMT National
Board Certification Examination. (Title 5, California Code of
Regulations (CCR) § 3051.21)
3)Defines a music therapist for purposes of the Department of
Developmental Services to mean a vendor who possesses a valid
registration issued by the National Association for Music
Therapy (NAMT) and uses music media and activities to effect
change or growth, as specified. (17 CCR § 54342)
4)Defines a music therapist for purposes of the Department of
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Mental Health and the licensing of skilled nursing facilities,
intermediate care facilities for the developmentally disabled
and adult day health centers, to mean 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 NAMT.
(9 CCR § 782.36, 22 CCR §§ 72069, 76105, 78065)
5)Defines a music therapist for purposes of licensing general
acute care hospitals, acute psychiatric hospitals, and
intermediate care facilities to mean a person who is
registered or eligible for registration as a registered music
therapist by the NAMT.
This bill:
1)Establishes the Music Therapy Act (Act).
2)Makes legislative findings and declarations regarding the
qualifications and standards of board certified music
therapists.
3)States the Legislature's intent to provide statutory
definitions relating to the practice of music therapy thereby
enabling consumers and state and local agencies to more easily
identify qualified music therapists.
4)Defines the following terms:
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 within a therapeutic relationship by a
qualified individual. Music therapy includes all of the
following:
i) The development of music therapy treatment plans
AB 1279 (Holden) Page 3
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specific to the needs and strengths of the client who may
be seen individually or in groups.
ii) Individualized treatment plans for each client.
iii) The establishment of 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
(AMTA) and who holds current board certification from the
CBMT.
5)Prohibits use of the title "Board Certified Music Therapist"
(BCMT) by an individual providing music therapy interventions
unless the individual has completed all of the following:
a) A bachelor's degree or its equivalent, or higher, from a
music therapy degree program approved by the AMTA using
standards as of January 1, 2016.
b) A minimum of 1,200 hours of supervised clinical work
through pre-internship training at an approved degree
program or internship training through an approved national
roster or university affiliated internship program, or the
equivalent.
c) The requirements for certification on January 1, 2016,
established by the CBMT for the BCMT credential.
6)Prohibits the Act 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, as
AB 1279 (Holden) Page 4
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specified.
7)Clarifies that, 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 BCMT if he or she does not meet the
criteria specified.
8)Deems a music therapist who holds the professional designation
of registered music therapist, certified music therapist, or
advanced certified music therapist (ACMT) and is in good
standing with the National Music Therapy Registry (NMTR) as of
January 1, 2016 to be qualified to practice music therapy in
California through January 1, 2020.
9)Authorizes any state employee who is employed in a position as
a music therapist as of January 1, 2016, 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 BCMT.
FISCAL
EFFECT: None. The measure has been keyed "nonfiscal" by
Legislative Counsel.
COMMENTS:
1.Purpose. This bill is sponsored by the Certification Board
for Music Therapists . According to the Author's office,
although music therapy is not currently recognized in
California statute, there are at least eight separate
references in regulations to music therapy or music
therapists. The Author's office believes this bill is
necessary to provide a uniform definition of music therapy
services and establish title protection for use of the term
BCMT.
2.Music Therapy. According to AMTA, "Music therapy is an
established health profession in which music is used within a
therapeutic relationship to address physical, emotional,
cognitive, and social needs of individuals. After assessing
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the strengths and needs of each client, the qualified music
therapist provides the indicated treatment including creating,
singing, moving to, and/or listening to music. Through musical
involvement in the therapeutic context, clients' abilities are
strengthened and transferred to other areas of their lives.
Music therapy also provides avenues for communication that can
be helpful to those who find it difficult to express
themselves in words. Research in music therapy supports its
effectiveness in many areas such as: overall physical
rehabilitation and facilitating movement, increasing people's
motivation to become engaged in their treatment, providing
emotional support for clients and their families, and
providing an outlet for expression of feelings."
The Author's office notes that music therapists serve a wide
population: clients range in age from babies in neonatal
intensive care units to older adults in hospice care. Music
therapy services are provided in a variety of clinical
settings, including rehabilitative facilities, medical
hospitals, psychiatric hospitals, outpatient clinics, day care
treatment centers, agencies serving persons with developmental
disabilities, community mental health centers, drug and
alcohol programs, senior centers, nursing homes, hospice
programs, correctional facilities, halfway houses, schools,
and private practice.
Music therapy practitioners typically work with individuals
who have special needs, which may include medical, learning
and academic, mental health, rehabilitation, developmental,
communication, or wellness needs. Music therapy services are
provided in individual or group sessions within various
healthcare and education settings.
The use of music in therapy is not unique to music therapists.
However, while it is a growing specialty with academic
programs, tests, and certifications tailored to its
philosophies and practices, it is considered a subspecialty by
the Board of Behavioral Sciences (BBS), which licenses and
regulates marriage and family therapists, licensed
professional clinical counselors, and licensed clinical social
workers. These professionals, along with psychologists and
occupational therapists, may choose to specialize in various
and emerging therapeutic subspecialties such as music, dance,
art, drama, and play therapy.
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This bill provides a standardized definition of music therapy
and title protection for BCMTs towards establishing music
therapy as an independent and distinct profession. There are
currently 459 BCMTs in California.
3.Certifying Authorities. This bill establishes title
protection for BCMTs who complete education approved by the
AMTA and pass a national certification exam administered by
the CBMT.
a) AMTA. AMTA was formed in 1998 as a merger between the
NAMT and the American Association for Music Therapy.
Currently, AMTA serves over 5,000 music therapists. It
publishes two research journals as well as a line of
publications, serves as an advocate for music therapy on
the state and federal levels, promotes music therapy
through social media streams, and provides research
bibliographies, podcasts, scholarships, and newsletters to
its members. There are two schools in California providing
AMTA-approved degrees in music therapy: California State
University, Northridge and the University of the Pacific.
b) CMBT . CBMT was incorporated in 1983 to strengthen the
credibility of the music therapy profession by assuring the
competency of credentialed music therapists. CBMT has been
fully-accredited by the National Commission for Certifying
Agencies since 1986. Certified individuals are required to
obtain recertification every five years. The CBMT is
currently the only entity that certifies music therapists.
4.Title Protection v. Practice Act. 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"
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 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
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literally prohibit individuals from engaging in the practice
regardless of how it is described. The Author's office states
that this bill "does not propose a regulatory scheme nor
define a scope of activity. It is a title protection only
bill."
5.Recommended Amendments. The Committee notes the following
concerns:
a) Practice restrictions . While the Author's office asserts
that this bill provides title protection only, it contains
conflicting provisions that may be construed to restrict
scope of practice of existing music therapists and use of
the term "music therapy." It is recommended that the
Author make the following changes:
On page 3, line 38, strike "a qualified individual"
On page 4, strike lines 15-19
On page 4, line 40, strike "subdivision (c) of Section
4653" and add the reference to "Section 4654"
On page 5, strike lines 1-14
b) Enforcement provisions . This bill does not contain an
enforcement mechanism to protect use of the term BCMT. The
following language would provide authority to bring action
against an individual using the term falsely:
On page 5, add "Section 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 4654."
c) Technical Amendments . The following amendments are
recommended for narrative, organizational, and technical
clarity:
i) The following are technical amendments:
On page 3, line 33, strike "(a)"
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On page 3, line 38, strike "all of"
On page 4, line 1, strike (1) and add "(a)"
On page 4, strike line 4
On page 4, line 5, strike "(3) The" and add "Music
therapy treatment plans shall"
On page 4, line 5, strike "establishment" and add
"establish"
On page 4, line 8, after "interventions" add ",which"
On page 4, line 20, strike "interventions"
On page 4, line 24, strike "bachelors" and add
"bachelor's"
On page 4, line 26, strike "January 1, 2016" and add
"April 1, 2015"
On page 4, line 28, strike "or" and add "and"
On page 4, line 31, strike strike "January 1, 2016" and
add "April 1, 2015"
On page 4, line 37, after the second "music" add
"therapy"
ii) The following amendments align the bill's definition
of music therapy with that of AMTA:
On page 3, line 28, after "provide" add "a"
On page 3, line 28, strike "definitions" and add
"definition"
On page 3, line 28, strike "relating to the practice of"
On page 3, line 36, strike "accomplish goals for people"
and add "address physical, emotional, cognitive, and
social needs of individuals"
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On page 3, line 37, strike "of all ages and ability
levels" and "by"
6.Arguments in Support. The Certification Board for Music
Therapists
"AB 1279 would protect consumers from potential harm or
misrepresentation from individuals that are not board
certified music therapists and are not practicing under the
CMBT Code of Professional Practice. Board certified music
therpists not only would demonstrate competency, they 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
patients. Hence, only those who are actually board certified
should be able to hold themselves as being Board Certified
Music Therapists."
7.Arguments in Opposition. The California Association of
Marriage and Family Therapists write, "Proposed section 4657
creates a ban on any state employee hired after 2016 using the
title 'music therapist' unless they are a board certified
music therapist. If there is a state position that is called
'music therapist,' this bill would only allow current
individuals holding a job with that title from using it, until
they retire. Therefore, anyone applying for a generic 'music
therapy' job after this bill will have to be certified. This
would disenfranchise MFTs who are qualified for the state job,
currently practicing in music therapy as a licensed provider,
but not board-certified. The bill appears to give preference
to certified providers, over licensed providers for these
positions. To date, CAMFT has heard of no problem with
licensed professionals working in this kind of therapy that
would compel such a change. It is unclear why this
prohibition is necessary."
SUPPORT AND OPPOSITION:
Support:
Certification Board for Music Therapists (Sponsor)
American Federation of State, County, and Municipal Employees
Local 2620, AFL-CIO
Arts and Services for Disabled, Inc.
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BRIGHT Children International
California Athletic Trainers' Association
Children's Music Fund
Coast Music Therapy
Dental Hygiene Out & About
McConnell Music Therapy Services
Occupational Therapy Association of California
The Music Therapy Center of California
University of the Pacific, Conservatory of Music
Western Region Chapter of the American Music Therapy Association
Numerous individuals
Opposition:
California Association of Marriage and Family Therapists
Concern :
California Park and Recreation Society Recreation Therapy
Section
California Association for Licensed Professional Clinical
Counselors
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