BILL ANALYSIS Ó
AB 1279
Page 1
GOVERNOR'S VETO
AB
1279 (Holden)
As Enrolled September 2, 2015
2/3 vote
--------------------------------------------------------------------
|ASSEMBLY: |75-0 |(May 7, 2015) |SENATE: |39-0 |(August 27, |
| | | | | |2015) |
--------------------------------------------------------------------
--------------------------------------------------------------------
|ASSEMBLY: |79-0 |(August 31, | | | |
| | |2015) | | | |
| | | | | | |
| | | | | | |
--------------------------------------------------------------------
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.
AB 1279
Page 2
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,
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.
AB 1279
Page 3
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.
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.
AB 1279
Page 4
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
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
AB 1279
Page 5
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
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
AB 1279
Page 6
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.
GOVERNOR'S VETO MESSAGE:
This bill establishes the "Music Therapy Act" and regulates when
a person may use the title of "Board Certified Music Therapist."
Generally, I have been very reluctant to add licensing or title
statutes to the laws of California. This bill appears to be
unnecessary as the Certification Board for Music Therapists, a
private sector group, already has defined standards for board
certification.
Why have the state now add another violin to the orchestra?"
Analysis Prepared by:
Elissa Silva / B. & P. / (916) 319-3301 FN:
0002526
AB 1279
Page 7