Reference is to the bill as introduced.
Amend the bill, as and if amended, by deleting SECTION 1 in its entirety and inserting:
/ SECTION 1. Title 37 of the 1976 Code is amended by adding:
Section 37-30-10. (A)
This chapter must be known and may be cited
as the 'Music Therapy Practice Act'.
(B) In order to
safeguard the public health, safety, and welfare, to protect the
public from incompetent and unauthorized people, to assure the
highest degree of professional conduct on the part of music
therapists, and to ensure the availability of music therapy
services of high quality to people in need of these services,
the purpose of this chapter is to register a person offering
music therapy services to the public.
Section 37-30-20. As
used in this chapter:
(1) 'AMTA' means the
American Music Therapy Association.
(2) 'CBMT' means the
Certification Board for Music Therapists.
(3) 'Department' means
the Department of Consumer Affairs.
(4) 'Registered music
therapist' means a person registered to practice music therapy
in this State under the provisions of this chapter.
(5) 'Music therapy'
means the clinical-based 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 and met the
credentialing standards determined by the CBMT.
(a)
For the purpose of accomplishing music therapy goals,
music therapy may include the:
(i)
assessment of a client's emotional
and physical health, spiritual health, social functioning,
communication abilities, and cognitive skills through the
client's history and the observation and interaction of the
client in music and non-music settings;
(ii)
development and implementation of
treatment plans, based on a client's assessed needs, using music
interventions including, but not limited to, music
improvisation, receptive music listening, song writing, lyric
analysis, music and imagery, music performance, learning through
music, and movement to music; and
(iii)
evaluation and documentation of the
client's response to treatment.
(b)
For the purpose of accomplishing music therapy goals,
music therapy services include, but are not limited to:
(i)
conducting an individualized
assessment for the purpose of collecting systematic,
comprehensive, and accurate data necessary to determine the
course of action of a subsequent individualized treatment
plan;
(ii)
planning and developing the
individualized music therapy treatment plan that identifies an
individual's goals, objectives, and potential treatment
intervention strategies;
(iii)
implementing the individualized music
therapy treatment plan consistent with the individual's overall
treatment program;
(iv)
systematically evaluating and
comparing the individual's response to the individualized music
therapy treatment plan and suggesting modifications as
appropriate;
(v)
developing a discharge plan in
collaboration with the individual and his family, treatment
team, and other identified support networks where appropriate
and available;
(vi)
minimizing the impact of
environmental constraints as a barrier to participation in least
restrictive environments for individuals engaging in music
therapy;
(vii)
collaborating with and educating the individual and his
family, caregiver, and others to foster an environment
responsive to the developmental needs of the individual as
addressed in music therapy; and
(viii)
consulting with groups, programs, organizations, and
communities to improve accessibility to music therapy services.
Section 37-30-30. Before commencing business of music therapy in this State, regardless of the means of doing business, any person engaged in the business of providing music therapy must register with the department as a music therapist on a form prescribed by the department. The registration must be renewed biennially no later than October first. The department may collect an initial non-refundable registration fee of one hundred fifty dollars with biennial renewal fees of fifty dollars and may use the proceeds to offset the costs of administering and enforcing this chapter.
Section 37-30-40. (A)
A person may not practice music therapy,
provide a music therapy service, or hold himself out as being
able to practice music therapy in this State unless he is
registered under the provisions of this chapter. A person who
renders a music therapy service on the effective date of this
chapter must be registered pursuant to this chapter within six
months following the effective date of this chapter.
(B) A provision in this
chapter may not be construed to prevent or restrict a person
from performing:
(1)
work incidental to the practice of his profession or
occupation; or
(2)
volunteer activities, if that person does not represent
himself as a music therapist.
Section 37-30-50. To be
eligible for registration as a music therapist, an applicant
must:
(1) be at least
eighteen years of age;
(2) be of good moral
character;
(3) abide by the CBMT
Code of Professional Practice;
(4) have successfully
completed an AMTA-approved academic program with a baccalaureate
degree or higher with a major in music therapy from an
accredited college or university, or its equivalent;
(5) hold an active
credential, Music Therapist-Board Certified (MT-BC) from the
Certification Board for Music Therapists or have a designation
contained in the National Music Therapy Registry (NMTR)
including Registered Music Therapist (RMT), Certified Music
Therapist (CMT) or Advanced Certified Music Therapist (ACMT);
and
(6) have successfully
completed a minimum of twelve thousand hours of clinical
training, with at least one hundred eighty of these hours being
in pre-internship experiences and at least nine hundred of these
hours in internship experiences in an internship program
approved by an academic institution, the AMTA, or both, or its
equivalent.
Section 37-30-60. (A)
A consumer aggrieved by a music therapist
may file a complaint with the department, and the department
shall review the complaint, investigate it as the department
considers appropriate, and initiate action as authorized by
law.
(B) The department may
conduct investigations relevant to the administration of this
chapter and, to the extent necessary for this purpose, may
administer oaths or affirmations, may subpoena witnesses, compel
their attendance, adduce evidence, and require the production of
any matter relevant to the investigation, including the
existence, description, nature, custody, condition, and location
of any books, documents, or other tangible things and the
identity and location of persons having knowledge of relevant
facts, or any other matter reasonably calculated to lead to the
discovery of admissible evidence.
(C) If a person's
records are located outside this State, the person, at the
department's discretion, shall either make them available to the
department at a convenient location within this State or pay the
reasonable and necessary expenses for the department to examine
these records at the place where they are maintained. The
administrator of the department may designate representatives,
including comparable officials of the State in which the records
are located, to inspect them on his behalf.
(D) Upon failure
without lawful excuse to obey a subpoena or to give testimony,
and upon reasonable notice to all persons affected, the
department may apply to the Administrative Law Court for an
order compelling compliance.
(E) Upon satisfactory
evidence that a person has violated or failed to comply with a
provision of this chapter or regulation promulgated pursuant to
the authority of this chapter, the department may issue an order
requiring any combination of the following:
(1)
the person to cease and desist from committing violations
of this chapter;
(2)
administrative fines not more than five thousand dollars
for each violation; and
(3)
revocation, suspension, or denial of registration.
(F) A person aggrieved
by an action taken by the department may file a request for a
contested case hearing with the Administrative Law Court in
accordance with the court's rules of procedure. If the person
fails to request a contested case hearing within the time
provided in the court's rules of procedure, the administrative
order becomes final and the department may bring an action to
enforce its order pursuant to Title 1, Chapter 23.
Section 37-30-70. The department is authorized to promulgate rules and regulations for the implementation of this chapter. /
Renumber sections to conform.
Amend title to conform.