Existing law provides for the licensure and regulation of various healing arts practitioners by boards within the Department of Consumer Affairs.

Existing law defines unfair competition to mean and include any unlawful, unfair, or fraudulent business act or practice and unfair, deceptive, untrue, or misleading advertising. Under existing law, a person who engages in unfair competition is liable for a civil penalty not to exceed $2,500 for each violation.

Existing law establishes the State Department of Public Health and sets forth its powers and duties over the regulation of health facilities and adult day health care centers, including, but not limited to, adopting regulations setting forth applicable staffing standards. Existing regulations of the department applicable to intermediate care facilities for the developmentally disabled and for adult day health care centers define music therapist as a person who has a bachelors degree in music therapy and who is registered or eligible for registration by the National Association for Music Therapy, now known as the American Music Therapy Association.

This bill would prohibit a person who provides music therapy, as defined, from using the title of Board Certified Music Therapist unless the person has completed specified education and clinical training requirements. The bill would also establish 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 those requirements. The bill would prohibit its provisions 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 and provide that use of music therapy shall not imply or suggest that the person is a Board Certified Music Therapist, if he or she does not meet specified criteria.

Existing law provides for the licensure and regulation of various healing arts practitioners by boards within the Department of Consumer Affairs.

Existing law defines unfair competition to mean and include any unlawful, unfair, or fraudulent business act or practice and unfair, deceptive, untrue, or misleading advertising. Under existing law, a person who engages in unfair competition is liable for a civil penalty not to exceed $2,500 for each violation.

Existing law establishes the State Department of Public Health and sets forth its powers and duties over the regulation of health facilities and adult day health care centers, including, but not limited to, adopting regulations setting forth applicable staffing standards. Existing regulations of the department applicable to intermediate care facilities for the developmentally disabled and for adult day health care centers define music therapist as a person who has a bachelors degree in music therapy and who is registered or eligible for registration by the National Association for Music Therapy, now known as the American Music Therapy Association.

This bill would prohibit a person who provides music therapy, as defined, from using the title of Board Certified Music Therapist unless the person has completed specified education and clinical training requirements. The bill would also establish 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 those requirements. The bill would prohibit its provisions 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 and provide that use of music therapy shall not imply or suggest that the person is a Board Certified Music Therapist, if he or she does not meet specified criteria. The bill would also prohibit its provisions from being construed to impact state classification requirements for music therapists.

Existing law provides for the licensure and regulation of various healing arts practitioners by boards within the Department of Consumer Affairs.

Existing law establishes the State Department of Public Health and sets forth its powers and duties over the regulation of health facilities and adult day health care centers, including, but not limited to, adopting regulations setting forth applicable staffing standards. Existing regulations of the department applicable to intermediate care facilities for the developmentally disabled and for adult day health care centers define music therapist as a person who has a bachelors degree in music therapy and who is registered or eligible for registration by the National Association for Music Therapy, now known as the American Music Therapy Association.

This bill would prohibit a person who provides music therapy interventions, therapy, as defined, from using the title of Board Certified Music Therapist unless the person has completed specified education and clinical training requirements. This The bill would also establish 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 those requirements. The bill would prohibit its provisions 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 and provide that use of music therapy shall not imply or suggest that the person is a Board Certified Music Therapist, if he or she does not meet specified criteria. The bill would also prohibit its provisions from being construed to impact state classification requirements for music therapists.

Existing law provides for the licensure and regulation of various healing arts practitioners by boards within the Department of Consumer Affairs. Existing law does not provide for the licensure of music therapists.

This bill would provide that only a qualified person, defined as an individual who prohibit a person who provides music therapy interventions, as defined, from using the title of Board Certified Music Therapist unless the person has completed the education and clinical training requirements established by a specified music therapy association the American Music Therapy Association and who holds current board certification and an MT-BC credential from a specified certification organization, shall be permitted to perform music therapy interventions. The bill would further provide that an individual providing music therapy interventions shall not refer to himself or herself using the title of Board Certified Music Therapist unless the individual meets certain criteria and has been awarded a credential from the specified certification organization. the Certification Board for Music Therapists. This bill would prohibit its provisions from being construed to authorize a person engaged in music therapy to state or imply that he or she provides mental health counseling or psychotherapy for which a license is required and provide that use of music therapy shall not imply or suggest that the person is a Board Certified Music Therapist, if he or she does not meet specified criteria.

Existing law provides for the licensure and regulation of various healing arts practitioners by boards within the Department of Consumer Affairs. Existing law does not provide for the licensure of music therapists.

This bill would enact the Music Therapy Act and would state the intent of the Legislature 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 bill would define terms for the purposes of the act. provide that only a qualified person, defined as an individual who has completed the education and clinical training requirements established by a specified music therapy association and who holds current board certification from a specified certification organization, shall be permitted to perform music therapy interventions. The bill would further provide that an individual providing music therapy interventions shall not refer to himself or herself using the title of Board Certified Music Therapist unless the individual meets certain criteria and has been awarded a credential from the specified certification organization.

Existing law provides for the licensure and regulation of various healing arts practitioners by boards within the Department of Consumer Affairs.

This bill would enact the Music Therapy Act and would state the intent of the Legislature 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 bill would define terms for the purposes of the act.

GOVERNOR'S VETO

GV Bill Id:AB 1279

Author:(Holden)

As Enrolled Ver:September 2, 2015

2/3 vote

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:

   1. 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,

   2. 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:

   1. 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;

   2. 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,

   3. 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.

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 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 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.

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

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1279

Author:(Holden)

As Amended Ver:August 18, 2015

Majority vote

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:

   1. 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,

   2. 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:

   1. 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;

   2. 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,

   3. 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.

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 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 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

 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:

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:

1. Provide a statutory definition of music therapy thereby enabling consumers and state and local agencies to more easily identify qualified music therapists.

2. 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.

4. 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:

1. 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.

2. 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.

5. Prohibits use of the title BCMT by an individual providing music therapy unless the individual has completed all of the following:

1. 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.

2. 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.

3. The current requirements for certification, beginning with those adopted on April 1, 2015, 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 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. 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 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 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.: No Local: No

SUPPORT: (Verified 8/12/15)

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

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: (Verified 8/12/15)

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.”

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

**** END ****

 THIRD READING  

Bill No: AB 1279

Author: Holden (D)

Amended: 7/1/15 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.”

ANALYSIS:

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 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:

1. Provide a statutory definition of music therapy thereby enabling consumers and state and local agencies to more easily identify qualified music therapists.

2. 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.

4. 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:

1. 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.

2. 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.

5. Prohibits use of the title BCMT by an individual providing music therapy unless the individual has completed all of the following:

1. 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.

2. 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.

3. The current requirements for certification, beginning with those adopted on April 1, 2015, 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 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. States that this bill shall not be construed to impact the State Personnel Board or CalHR’s classification requirements for music therapists, nor to displace any music therapists who are currently employed with the state, however, a person so employed may not represent himself or herself as a BCMT without meeting the criteria in this bill.

9. 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 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 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.: No Local: No

SUPPORT: (Verified 7/8/15)

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

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: (Verified 7/8/15)

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.”

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

7/8/15 15:50:01

**** END ****

SENATE COMMITTEE ON

BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT

Senator Jerry Hill, Chair

2015 - 2016 Regular

Bill No: AB 1279 Hearing Date: July 6, 2015

Subject: Music therapy.

SUMMARY:

Establishes the Music Therapy Act and designates title protection for the term “Board Certified Music Therapist” (BCMT).

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 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.

2. Makes legislative findings and declarations regarding the qualifications and standards of board certified music therapists.

3. States the Legislature’s intent to :

1. Provide a statutory definition of music therapy thereby enabling consumers and state and local agencies to more easily identify qualified music therapists.

2. Not impact CalHR’s 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 Board Certified Music Therapist unless he or she meets the requirements of this bill.

4. 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:

1. 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.

2. 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.

5. Prohibits use of the title BCMT by an individual providing music therapy unless the individual has completed all of the following:

1. 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.

2. 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.

3. The current requirements for certification, beginning with those adopted on April 1, 2015, 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 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. States 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, however, a person so employed may not represent himself or herself as a Board Certified Music Therapist without meeting the criteria in this bill.

9. Declares the use of the title BCMT by an individual not meeting the requirements of this bill to be an unfair business practice.

FISCAL EFFECT:

None. The measure has not been keyed “fiscal” 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 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.

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.

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 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.

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 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. Arguments in Support. The Certification Board for Music Therapists 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.”

6. 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

American Music Therapy Association, Inc., Western Chapter

Arts and Services for Disabled, Inc.

BRIGHT Children International

California Athletic Trainers’ Association

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:

California Association of Marriage and Family Therapists

Concern:

California Park and Recreation Society Recreation Therapy Section

California Association for Licensed Professional Clinical Counselors

-- END --

SENATE COMMITTEE ON

BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT

Senator Jerry Hill, Chair

2015 - 2016 Regular

Bill No: AB 1279 Hearing Date: June 8, 2015

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 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:

1. “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:

1. The development of music therapy treatment plans specific to the needs and strengths of the client who may be seen individually or in groups.

2. Individualized treatment plans for each client.

3. The establishment of goals, objectives, and potential strategies of the music therapy services appropriate for the client and setting.

2. “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.

3. “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:

1. 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.

2. 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.

3. 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 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 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.

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.

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 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. 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 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:

1. 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

2. 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.”

3. Technical Amendments. The following amendments are recommended for narrative, organizational, and technical clarity:

1. The following are technical amendments:

On page 3, line 33, strike “(a)”

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”

2. 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”

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.

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

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 1279

Author:(Holden)

As Amended Ver:April 20, 2015

Majority vote

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:

   1. The development of music therapy treatment plans specific to the needs and strengths of the client who may be seen individually or in groups;

   2. Individualized treatment plans for each client; and,

   3. 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 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 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.

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 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 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

Date of Hearing: April 28, 2015

ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS

Susan Bonilla, Chair

ABPCA Bill Id:AB 1279

Author:Holden – As Amended Ver:April 20, 2015

SUBJECT: Music therapy.

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.”

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) Section 500 et seq.)

2. Specifies that provisions relating to the licensure and regulations of healing art practitioners do not apply to art therapists, dance therapists, music therapists, and recreation therapists, who are personnel of health facilities. (BPC Section 4507)

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:

   1. The development of music therapy treatment plans specific to the needs and strengths of the client who may be seen individually or in groups;

   2. Individualized treatment plans for each client; and,

   3. 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 number four 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 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 national board certification exam administered by the CBMT; and must complete 100 continuing education credits every five years for recertification.

Board certified music therapists would not only demonstrate competency, but 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 clients. As a result, clients will receive the most up to date music therapy services that they need and deserve.”

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.

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.

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 requires that Music Therapists be registered with the Wisconsin Department of Regulations and Licensing.

The Washington State Department of Public Health, "…recognizes the therapeutic benefit of music to address the cognitive, emotional, physical, social, or functional needs of clients, and the value of music to comfort and aid those who are sick, injured, or dying. However, the department does not support the proposal to require state certification of music therapists."

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.

Title Act vs. Practice Act. There is an important distinction between regulations which require licensure and those which protect a professional title. 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" simply 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. As currently written, this bill would allow individuals to continue to practice music therapy in California but they would be prohibited from using only the title "Board Certified Music Therapist."

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, Title 5, 7, 9 and 22) include references to obsolete credentialing agencies that no 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.

Current Related Legislation. AB 161 (Chau) of the current legislative session establishes title protection for certified athletic trainers. STATUS: This bill is pending in the Senate Rules Committee.

ARGUMENTS IN SUPPORT:

The Certification Board for Music Therapists writes in support, "This measure, by establishing statutory definitions, will provide the authority to correct inconsistencies, including references to obsolete credentialing agencies that no longer exist. These inconsistencies and outdated references have created confusion regarding the practice of music therapy not only in the public, but within state services in the various departments who utilize music therapists. This bill is important because music therapists are typically part of interdisciplinary teams working in such settings as education, corrections, mental health, substance abuse, trauma centers, veterans' hospitals and treatment centers, neonatal units, intensive care, oncology, pediatrics, hospice, developmental centers and more."

ARGUMENTS IN OPPOSITION:

None on file.

POLICY ISSUE FOR CONSIDERATION:

As noted by the author, at one time, individuals who sought professional recognition as music therapists applied for a registration with the National Association of Music Therapy, until the CBMT became the certifying entity. It is unclear how many individuals are practicing music therapy under a certification issued by the prior certifying authority. The author may wish to continue investigating this issue to ensure that individuals who have obtained the appropriate recognition from an industry-recognized authority may continue to be recognized by their certification standards.

REGISTERED SUPPORT:

Certification Board for Music Therapists (sponsor)

California Athletic Trainers' Association

Mobile Music Therapy Services of Orange County

Numerous individuals

REGISTERED OPPOSITION:

None on file.

Analysis Prepared by: Elissa Silva / B. & P. / (916) 319-3301