BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1279


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          1279 (Holden)


          As Amended  August 18, 2015


          Majority vote


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          |ASSEMBLY:  | 75-0 | (May 7, 2015) |SENATE: |37-0  | (August 27,     |
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          Original Committee Reference:  B. & P.




          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  
            address physical, emotional, cognitive, and social needs of  
            individuals within a therapeutic relationship. 
          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 individually or in groups; and, 








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             b)   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)Prohibits an individual providing music therapy interventions  
            from using the title "Board Certified Music Therapist" unless  
            the individual has completed 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 using current standards, beginning with  
               those adopted on April 15, 2015;
             b)   A minimum of 1,200 hours of supervised clinical work  
               through pre-internship training at an approved degree  
               program and internship training through an approved  
               national roster or university affiliated internship  
               program, or the equivalent; and, 


             c)   The current requirements for certification, beginning  
               with those adopted April 1, 2015, established by the  
               Certification Board for Music Therapists (CBMT) for the  
               Music Therapist - Board Certified (MT-BC) credential.  


          5)Clarifies that persons engaged in music therapy are not  
            permitted to state or imply that they provide mental health  
            counseling, psychotherapy, or occupational therapy for which a  
            license is required.
          6)Specifies that the use of music is not restricted to any  
            licensed or unlicensed professional.










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          7)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. 


          8)States 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 the specified requirements. 


          9)Makes findings and declarations relating to the educational  
            and training standards for music therapists and the CBMT. 


          10)States that 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.  


          The Senate amendments revise the definition of "music therapy;"  
          delete the inclusion of individualized treatment plans for each  
          client as being a part of music therapy; delete the definition  
          of a "qualified individual;" revise the requirements to use the  
          title "Board Certified Music Therapist;" clarify that a person  
          engaged in music therapy may not state or imply that he or she  
          provides occupational therapy for a license is required; declare  
          the use of the title "Board Certified Music Therapist" by a  
          person who does not meet specified requirements to be an unfair  
          business practice; and, make a minor and technical change. 


          FISCAL EFFECT:  None.  This bill is keyed non-fiscal by the  
          Legislative Counsel.  


          COMMENTS:  


          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  








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          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."


          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.  


          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  








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          certification process, music therapists were registered with the  
          National Association of Music Therapy which no longer certifies  
          music therapists.  


          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.  


          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: 0001467












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