BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1279|
|Office of Senate Floor Analyses | |
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THIRD READING
Bill No: AB 1279
Author: Holden (D)
Amended: 8/18/15 in Senate
Vote: 21
SENATE BUS, PROF. & ECON. DEV. COMMITTEE: 7-0, 7/6/15
AYES: Hill, Bates, Berryhill, Block, Galgiani, Jackson,
Mendoza
NO VOTE RECORDED: Hernandez, Wieckowski
ASSEMBLY FLOOR: 75-0, 5/7/15 - See last page for vote
SUBJECT: Music therapy
SOURCE: Certification Board for Music Therapists
DIGEST: This bill establishes the Music Therapy Act and
designates title protection for the term "Board Certified Music
Therapist."
Senate Floor Amendments of 8/18/15 remove provisions stating
that this bill 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. The group for whom this amendment was inserted no
longer feels that it is necessary.
ANALYSIS:
Existing law:
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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
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 (BCMTs).
3)States the Legislature's intent to:
a) Provide a statutory definition of music therapy thereby
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enabling consumers and state and local agencies to more
easily identify qualified music therapists.
b) Not impact the California Department of Human Resources
(CalHR) classification requirements for music therapists
nor to displace any current music therapists who are
employed by the state. This bill merely prohibits any
person from representing himself or herself as a BCMT
unless he or she meets the requirements of 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
address physical, emotional, cognitive, and social needs of
individuals within a therapeutic relationship. Music therapy
includes 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. Music therapy treatment
plans shall establish goals, objectives, and potential
strategies of the music therapy services appropriate for
the client and setting.
b) Music therapy interventions, which 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.
1)Prohibits use of the title BCMT by an individual providing
music therapy 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 American Music
Therapy Association (AMTA) using current standards,
beginning with those adopted on April 1, 2015.
b) A minimum of 1,200 hours of supervised clinical work
through pre-internship training at an approved degree
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program and internship training through an approved
national roster or university affiliated internship
program, or the equivalent.
c) The current requirements for certification, beginning
with those adopted on April 1, 2015, established by the
CBMT for the BCMT credential.
1)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
specified.
2)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.
3)Declares the use of the title BCMT by an individual not
meeting the requirements of this bill to be an unfair business
practice.
Background
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 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
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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, 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.
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.
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.
1)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
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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.
2)CBMT. 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.
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 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."
FISCAL EFFECT: Appropriation: No Fiscal
Com.:NoLocal: No
SUPPORT: (Verified8/12/15)
Certification Board for Music Therapists (source)
American Federation of State, County, and Municipal Employees
Local 2620, AFL-CIO
American Music Therapy Association, Inc., Western Chapter
Arts and Services for Disabled, Inc.
BRIGHT Children International
California Athletic Trainers' Association
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Children's Music Fund
Coast Music Therapy
Dental Hygiene Out & About
McConnell Music Therapy Services
Music Therapy Consulting
Occupational Therapy Association of California
The Music Therapy Center of California
The Music Works
University of the Pacific, Conservatory of Music
Numerous individuals
OPPOSITION: (Verified8/12/15)
California Park and Recreation Society Recreation Therapy
Section
ARGUMENTS IN SUPPORT: The Certification Board for Music
Therapists, this bill's sponsor, write, "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 therapists 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."
ARGUMENTS IN OPPOSITION: The California Park and Recreation
Society Recreation Therapy Section (CPRS RTS) writes, "CPRS RTS
readily endorses the intention of Music Therapy Task Force to
legally authorize their profession. The original language of AB
1279 was support worthy. It is our recommendation that
oversight and penalties provisions be incorporated into the bill
and should this bill continue as currently drafted, our
organization will consider an oppose position to insure that the
integrity of allied professions are working toward common
certification and licensure models."
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ASSEMBLY FLOOR: 75-0, 5/7/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,
Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau,
Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly,
Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina
Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,
Gordon, Gray, Grove, Harper, Holden, Irwin, Jones,
Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,
Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,
Nazarian, Obernolte, Olsen, Patterson, Perea, Quirk, Rendon,
Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone,
Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood,
Atkins
NO VOTE RECORDED: Campos, Hadley, Roger Hernández, O'Donnell,
Steinorth
Prepared by:Sarah Huchel / B., P. & E.D. / (916) 651-4104
8/19/15 20:39:12
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