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Sponsors: Reps. Chalk, Whipper, Allen, Allison, Brady, R.L. Brown, Clemmons, Cobb-Hunter, Dillard, Harrison, Hodges, Limehouse, Long and Willis
Document Path: l:\council\bills\agm\19836ab10.docx
Introduced in the House on February 24, 2010
Currently residing in the House Committee on Medical, Military, Public and Municipal Affairs
Summary: Music Therapy Practice Act
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 2/24/2010 House Introduced and read first time HJ-107 2/24/2010 House Referred to Committee on Medical, Military, Public and Municipal Affairs HJ-107
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 85 TO TITLE 40 SO AS TO ENACT THE "MUSIC THERAPY PRACTICE ACT", TO REGULATE THE PRACTICE OF MUSIC THERAPY, TO PROVIDE CERTAIN DEFINITIONS, TO CREATE THE SOUTH CAROLINA BOARD OF MUSIC THERAPY TO ASSIST THE DEPARTMENT ON ALL MATTERS PERTAINING TO THE EDUCATION, EXAMINATION, LICENSURE, AND CONTINUING EDUCATION OF LICENSED MUSICAL THERAPISTS AND THE PRACTICE OF MUSIC THERAPY, TO PROHIBIT THE CONDUCT OF MUSIC THERAPY WITHOUT A LICENSE, TO PROVIDE THE DEPARTMENT OF LABOR, LICENSING AND REGULATION PROVIDE ADMINISTRATIVE, FISCAL, INVESTIGATIVE, INSPECTIONAL, CLERICAL, SECRETARIAL, AND LICENSE RENEWAL OPERATIONS AND ACTIVITIES OF THE BOARD, TO PROVIDE DUTIES AND RESPONSIBILITIES OF THE BOARD, TO PROVIDE CRITERIA FOR LICENSURE, AND TO PROVIDE FOR THE USE OF A PROFESSIONAL DESIGNATION; AMONG OTHER THINGS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 40 of the 1976 Code is amended by adding:
Section 40-85-5. Unless otherwise provided for in this chapter, Article 1, Chapter 1 of this title applies to music therapists; however, if there is a conflict between this chapter and Article 1, Chapter 1 of this title, the provisions of this chapter control.
Section 40-85-10. (A) This act 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 being misled by 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, it is the purpose of this act to regulate a person offering a music therapy service to the public.
Section 40-85-20. As used in this chapter:
(1) 'AMTA' means the American Music Therapy Association.
(2) 'Board' means the South Carolina Board of Music Therapy.
(3) 'Department' means the Department of Labor, Licensing and Regulation.
(4) 'Licensed Music Therapist' or 'LMT' means a person licensed to practice music therapy in this State under the provisions of this chapter.
(5) 'Music therapy' means 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.
(a) For the purpose of accomplishing music therapy goals, music may include the:
(i) assessment of a client's emotional and physical health, social functioning, communication abilities, and cognitive skills through the client's history and the observation and interaction of the client in music and nonmusic settings;
(ii) development and implementation of treatment plans, based on a client's assessed needs, using music interventions including music improvisation, receptive music listening, song writing, lyric discussion, 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, the individual's family, treatment team, and other identified support networks where appropriate;
(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, 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, or communities to improve accessibility to music therapy services.
Section 40-85-30. (A) A person practicing or offering to practice music therapy, privately or in public service, shall submit evidence that he is qualified to practice and must register as provided for in this chapter. A person may not practice music therapy or use the term or title 'Licensed Music Therapist' unless registered under the provisions of this chapter or otherwise exempted from this chapter.
(B) A person who renders a music therapy service or identifies himself as a licensed music therapist must be registered pursuant to this chapter within six months following the effective date of this chapter.
Section 40-85-40. (A)(1) There is created the South Carolina Board of Music Therapy to assist the department on all matters pertaining to the education, examination, licensure, and continuing education of licensed musical therapists and the practice of music therapy.
(2) The board must be composed of five members appointed as follows:
(a) two members appointed by the Speaker of the House of Representatives;
(b) two members appointed by the President Pro Tempore of the Senate; and
(c) one member appointed by the Governor.
(B) The chairman must be elected for a one-year term. Terms of office for members are for two years and until their successors are appointed and qualify. Vacancies must be filled in the manner of original appointment for the unexpired term. The board shall meet at least annually and not more than once a month. All meetings must be scheduled at the call of the chairman.
(C) The board may take no action except upon the affirmative vote of three members.
Section 40-85-50. (A) A person may not practice or hold himself out as being able to practice music therapy or provide a music therapy service in this State unless he is licensed under the provisions of this chapter.
(B) Nothing in this act may be construed to prevent or restrict a person:
(1) of another licensed profession or personnel supervised by licensed professionals in this State from performing work incidental to the practice of his profession or occupation, if that person does not represent himself as a licensed music therapist;
(2) enrolled in a course of study leading to a degree in music therapy from performing a music therapy service incidental to his course work when supervised by a licensed professional, if the person is designated by a title that clearly indicates his status as a student; or
(3) employed by an agency, bureau, or division of the federal government while in the discharge of his official duties, except that when this individual engages in the practice of music therapy outside the line of official duty, he must be licensed as provided in this chapter.
Section 40-85-60. The Department of Labor, Licensing and Regulation shall provide all administrative, fiscal, investigative, inspectional, clerical, secretarial, and license renewal operations and activities of the board in accordance with Section 40-1-50.
Section 40-85-70. (A) The board shall:
(1) adopt rules governing its proceedings and internal operations and may promulgate regulations to enforce, administer, and implement this chapter;
(2) determine the qualifications of an applicant for licensure and to determine which applicants successfully meet those qualifications; and
(3) determine fees necessary to execute the provisions of this chapter.
(B) In addition to the powers and duties provided in this chapter, the board has those powers and duties set forth in Section 40-1-70.
Section 40-85-80. (A) To be eligible for licensure as a music therapist pursuant to the provisions of this chapter, an applicant must:
(1) be at least eighteen years of age;
(2) be of good moral character;
(3) have successfully completed an academic program approved by the AMTA with a baccalaureate degree or higher with a major in music therapy from an accredited college or university;
(4) have successfully completed the board certification exam offered by the Certification Board for Music Therapists; and
(5) have successfully completed a minimum of twelve hundred hours of clinical training, with at least one hundred eighty hours in preinternship experiences and at least nine hundred hours in internship experiences. An internship program may be approved by an academic institution, the AMTA, or both.
(B) The board may, upon notice and opportunity for a hearing, deny an application for reinstatement of a license or grant reinstatement of a license with restrictions. A condition imposed may include a requirement for continuing education, practice under the supervision of a licensed music therapy specialist, or other conditions the board considers appropriate.
(C) Notwithstanding subsection (A) of this section, the board may grant an initial license to an LMT who:
(1) is certified by the Certification Board for Music Therapists before July 1, 2010; and
(2) who holds an active Music Therapist-Board Certified (MT-BC) credential.
Section 40-85-90. (A) An initial license and renewal is valid for five years.
(B) An LMT may renew his license if he:
(1) completes a minimum of one hundred hours of music therapy service; and
(2) meets continuing competency requirements by completing a minimum of one hundred hours of continuing education programs approved by the Certification Board of Music Therapists and other requirements established by the board.
Section 40-85-100. Only an LMT may use the designations 'MT-BC/L' and 'Music Therapist-Board Certified/Licensed' in connection with his name, contingent on compliance with national certification guidelines provided by the Certification Board for Music Therapists."
SECTION 2. The provisions of this chapter become effective upon approval by the Governor.
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