HF 380 (LSB 1409YH (20) 86)

HOUSE FILE 380

BY  STAED, KAUFMANN, ROGERS, KOESTER, STECKMAN, PRICHARD, KEARNS, T. TAYLOR, ANDERSON, HANSON, THEDE, MASCHER, STUTSMAN, WINCKLER, LENSING, COHOON, GASKILL, JACOBY, McCONKEY, and FORBES

A BILL FOR

An Act to establish a music therapy advisory council within the board of social work and provide for licensure of music therapists and providing for fees and civil penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 147.1, subsections 3 and 6, Code 2015, are amended to read as follows:
   3.  “Licensed” or “certified”, when applied to a physician and surgeon, podiatric physician, osteopathic physician and surgeon, physician assistant, psychologist, chiropractor, nurse, dentist, dental hygienist, dental assistant, optometrist, speech pathologist, audiologist, pharmacist, physical therapist, physical therapist assistant, occupational therapist, occupational therapy assistant, orthotist, prosthetist, pedorthist, respiratory care practitioner, practitioner of cosmetology arts and sciences, practitioner of barbering, funeral director, dietitian, marital and family therapist, mental health counselor, social worker, massage therapist, athletic trainer, acupuncturist, nursing home administrator, hearing aid dispenser, or sign language interpreter or transliterator, or music therapist means a person licensed under this subtitle.
   6.  “Profession” means medicine and surgery, podiatry, osteopathic medicine and surgery, practice as a physician assistant, psychology, chiropractic, nursing, dentistry, dental hygiene, dental assisting, optometry, speech pathology, audiology, pharmacy, physical therapy, physical therapist assisting, occupational therapy, occupational therapy assisting, respiratory care, cosmetology arts and sciences, barbering, mortuary science, marital and family therapy, mental health counseling, social work, dietetics, massage therapy, athletic training, acupuncture, nursing home administration, hearing aid dispensing, sign language interpreting or transliterating, orthotics, prosthetics, or pedorthics, or music therapy.
    Sec. 2.  Section 147.2, subsection 1, Code 2015, is amended to read as follows:
   1.  A person shall not engage in the practice of medicine and surgery, podiatry, osteopathic medicine and surgery, psychology, chiropractic, physical therapy, physical therapist assisting, nursing, dentistry, dental hygiene, dental assisting, optometry, speech pathology, audiology, occupational therapy, occupational therapy assisting, orthotics, prosthetics, pedorthics, respiratory care, pharmacy, cosmetology arts and sciences, barbering, social work, dietetics, marital and family therapy or mental health counseling, massage therapy, mortuary science, athletic training, acupuncture, nursing home administration, hearing aid dispensing, or sign language interpreting or transliterating, or music therapy, or shall not practice as a physician assistant, unless the person has obtained a license for that purpose from the board for the profession.
    Sec. 3.  Section 147.13, subsection 15, Code 2015, is amended to read as follows:
   15.  For social work and music therapy, the board of social work.
    Sec. 4.  Section 147.74, Code 2015, is amended by adding the following new subsection:
   NEW SUBSECTION.  25.  A music therapist licensed under chapter 154C may use the words “licensed professional music therapist” after the person’s name or signify the use of the same by the use of the letters “L.P.M.T.” after the person’s name.
    Sec. 5.  Section 154C.1, unnumbered paragraph 1, Code 2015, is amended to read as follows:

   As used in this chapter subchapter unless the context otherwise requires:
    Sec. 6.  Section 154C.2, subsection 1, Code 2015, is amended to read as follows:
   1.  A person shall not engage in the practice of social work unless the person is licensed pursuant to this chapter subchapter. A person who is not licensed pursuant to this chapter subchapter shall not use words or titles which imply or represent that the person is a licensed bachelor social worker, licensed master social worker, or licensed independent social worker.
    Sec. 7.  Section 154C.4, unnumbered paragraph 1, Code 2015, is amended to read as follows:

   In addition to duties and responsibilities provided in chapters 147 and 272C, the board shall adopt rules pursuant to chapter 17A to administer this subchapter relating to:
    Sec. 8.  Section 154C.4, subsection 3, Code 2015, is amended by striking the subsection.
    Sec. 9.  Section 154C.6, subsection 3, paragraph a, Code 2015, is amended to read as follows:
   a.  That the applicant possesses a valid license to practice social work pursuant to this chapter subchapter issued prior to July 1, 1996.
    Sec. 10.  Section 154C.7, Code 2015, is amended to read as follows:
   154C.7  General exemptions.

   This chapter subchapter and chapter 147 do not prevent qualified members of other professions including, but not limited to, nurses, psychologists, marital and family therapists, mental health counselors, physicians, physician assistants, attorneys at law, or members of the clergy, from providing or advertising that they provide services of a social work nature consistent with the accepted standards of their respective professions, provided that these persons do not use a title or description indicating or implying that they are licensed to practice social work under this chapter subchapter or that they are practicing social work as defined in this chapter subchapter.

   This chapter subchapter does not apply to students of social work whose activities are conducted within a course of professional education in social work.
    Sec. 11.  NEW SECTION.  154C.10  Definitions.

   As used in this subchapter, unless the context otherwise requires:

   1.  “Advisory council” means the music therapy advisory council created under this subchapter.
   2.  “Board” means the board of social work.
   3.  “Board-certified music therapist” means an individual who has completed the education and clinical training requirements established by the American music therapy association and who holds current board certification from the certification board for music therapists.
   4.  “Music therapist” means a person licensed to practice music therapy pursuant to this subchapter.
   5.  a.  “Music therapy” means the clinical and evidence-based use of music interventions to accomplish individualized goals for people of all ages and ability levels within a therapeutic relationship by a board-certified music therapist. Music therapists develop 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 are individualized for each client. The goals, objectives, and potential strategies of the music therapy services are appropriate for the client and setting. The music therapy interventions may include 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. The practice of music therapy does not include the diagnosis of any physical, mental, or communication disorder.
   b.  “Music therapy” may include any of the following:
   (1)  Accepting referrals for music therapy services from medical, developmental, mental health, or education professionals, family members, clients, caregivers, or others involved with and authorized to secure the provision of client services. Before providing music therapy services to a client for an identified clinical or developmental need, the music therapist collaborates, as applicable, with the primary care provider to review the client’s diagnosis, treatment needs, and treatment plan. During the provision of music therapy services to a client, the music therapist shall collaborate, as applicable, with the client’s treatment team.
   (2)  Conducting a music therapy assessment of a client to determine if treatment is needed. If treatment is needed, the music therapist shall collect systematic, comprehensive, and accurate information to determine the appropriateness and type of music therapy services to provide for the client.
   (3)  Developing an individualized music therapy treatment plan for the client that is based upon the results of the music therapy assessment. The music therapy treatment plan includes individualized goals and objectives that focus on the assessed needs and strengths of the client and specify music therapy approaches and interventions to be used to address the goals and objectives.
   (4)  Implementing an individualized music therapy treatment plan that is consistent with any other developmental, rehabilitative, habilitative, medical, mental health, preventive, wellness care, or educational services being provided to the client.
   (5)  Evaluating the client’s response to music therapy and the music therapy treatment plan, documenting change and progress, and suggesting modifications.
   (6)  Developing a plan for determining when the provision of music therapy services is no longer needed. The plan shall be developed in collaboration with the client, physician, or other provider of health care or educational services to the client, family members of the client, and any other appropriate person upon whom the client relies for support.
   (7)  Minimizing any barriers to ensure that the client receives music therapy services in the least restrictive environment.
   (8)  Collaborating with and educating the client, the client’s family, a caregiver of the client, or any other appropriate person regarding the needs of the client that are being addressed in music therapy and the manner in which the music therapy treatment addresses those needs.
   (9)  Utilizing appropriate knowledge and skills to inform practice, including use of research, reasoning, and problem-solving skills to determine appropriate actions in the context of each specific clinical setting.
    Sec. 12.  NEW SECTION.  154C.11  Music therapy advisory council.
   1.  The board shall establish a music therapy advisory council consisting of five members who are familiar with the practice of music therapy. The members of the advisory council shall be appointed by the board and shall consist of the following persons:
   a.  Three persons who practice music therapy in this state. 
   b.  One person licensed by one of the boards listed in section 147.13, subsections 1 through 10.
   c.  One person who is a consumer of music therapy.
   2.  The advisory council shall meet at least once per year or as otherwise called by the board.
   3.  Advisory council members shall serve without compensation and may serve consecutive terms at the will of the board.
   4.  The board shall consult with the advisory council prior to setting or changing fees pertaining to music therapy licensure.
   5.  The advisory council may facilitate the development of materials that the board may utilize to educate the public concerning music therapist licensure, the benefits of music therapy, and utilization of music therapy by individuals and in facilities or institutional settings.
   6.  The advisory council may facilitate statewide dissemination of information between music therapists, the American music therapy association or any successor organization, the certification board for music therapists or any successor organization, and the board.
   7.  At least once per year the advisory council shall provide analysis of disciplinary actions taken and appeals, denials, or revocations of licenses occurring in the previous year.
   8.  The board shall adopt the recommendations of the advisory council for issues related to music therapy licensure and practice.
    Sec. 13.  NEW SECTION.  154C.12  Certain activities not prohibited or restricted.

   This subchapter shall not be construed to prohibit or restrict the practice, services, or activities of the following:

   1.  Any person licensed, certified, or regulated under the laws of this state in another profession or occupation, or personnel supervised by a licensed professional in this state, performing work, including the use of music, incidental to the practice of the person’s licensed, certified, or regulated profession or occupation, provided that the person does not use a title or description indicating or implying that they are licensed to practice music therapy under this subchapter or that they are practicing music therapy as defined in this subchapter.
   2.  Any person whose training and national certification attests to the individual’s preparation and ability to practice the person’s certified profession or occupation, provided that the person does not use a title or description indicating or implying that they are licensed to practice music therapy under this subchapter or that they are practicing music therapy as defined in this subchapter.
   3.  Any practice of music therapy as an integral part of a program of study for students enrolled in an accredited music therapy program, provided that the person does not use a title or description indicating or implying that they are licensed to practice music therapy under this subchapter or that they are practicing music therapy as defined in this subchapter.
   4.  Any person who practices music therapy under the supervision of a licensed music therapist, provided that the person does not use a title or description indicating or implying that they are licensed to practice music therapy under this subchapter or that they are practicing music therapy as defined in this subchapter.
    Sec. 14.  NEW SECTION.  154C.13  Music therapy licensure.
   1.  The board shall issue a license to an applicant for a music therapy license when such applicant has completed and submitted an application approved by the advisory council, accompanied by applicable fees, and by evidence of the following:
   a.  The applicant holds a bachelor’s degree or higher in music therapy, or its equivalent, from a program approved by the American music therapy association or any successor organization within an accredited college or university.
   b.  The applicant has successfully completed at least one thousand two hundred hours of clinical training with at least one hundred eighty hours in preinternship experiences and at least nine hundred hours in internship experiences, and the internship is approved by an academic institution, the American music therapy association or any successor organization, or both.
   c.  If previously licensed as a music therapist in another state, the applicant is in good standing in that state, and a review of the applicant’s licensure history does not indicate any alleged misconduct or neglect in the practice of music therapy.
   d.  (1)  The applicant has passed the examination for certification offered by the certification board for music therapists, or any successor organization, or provides proof of being transitioned into board certification.
   (2)  The applicant is currently a board-certified music therapist.
   2.  The board shall issue a music therapy license to an applicant when the applicant has completed and submitted an application accompanied by applicable fees and has provided evidence that the applicant is licensed and in good standing as a music therapist in another jurisdiction where the qualifications required are equal to or greater than those required in this state at the date of application.
   3.  Until January 1, 2020, the board shall waive the requirement that the applicant pass the examination for certification as set forth in section 154C.13, subsection 1, paragraph “e”, for an applicant who is designated by the national music therapy registry as a registered music therapist, certified music therapist, or advanced certified music therapist and in good standing with the national music therapy registry.
    Sec. 15.  NEW SECTION.  154C.14  Music therapy license renewal.
   1.  A music therapy license issued under this chapter shall be valid for two years. A license shall be renewed upon submission of the following to the board:
   a.  Payment of a renewal fee, as designated by the advisory council.
   b.  Proof that the applicant is not in violation of any of the terms of this chapter at the time of application for renewal.
   c.  Proof of maintenance of the applicant’s status as a board certified music therapist.
   d.  Proof of completion of a minimum of forty hours of continuing education in a program approved by the certification board of music therapists or any successor organization and any other continuing education requirements established by the board.
   2.  A music therapist shall inform the board of any changes to the music therapist’s address. A music therapist is responsible for timely renewal of the music therapist’s license.
   3.  Failure to renew a license shall result in forfeiture of the license. Licenses that have been forfeited may be restored within one year of the expiration date on the license upon payment of renewal and restoration fees. Failure to restore a forfeited license within one year of the date of its expiration shall result in the automatic termination of the license, and the board shall require the individual to reapply for licensure as a new applicant.
   4.  Upon written request of a licensed music therapist, the advisory council may recommend that the board place an active license on inactive status subject to an inactive status fee established by the board. The music therapist, upon request and payment of the inactive license fee, may continue on inactive status for a period of up to two years. An inactive license may be reactivated at any time within such two-year period by making a written request to the advisory council and by fulfilling requirements established by the advisory council.
    Sec. 16.  NEW SECTION.  154C.16  Rulemaking authority.

   In addition to duties and responsibilities provided in chapters 147 and 272C, the board shall adopt administrative rules pursuant to chapter 17A to implement and administer this subchapter.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill provides for a licensure procedure for music therapists and creates a music therapy advisory council under the board of social work, making Code chapters 147 and 272C, including penalty and other regulatory provisions, applicable to the practice of music therapy.
   The bill defines “music therapy” and “music therapist” and exempts certain persons who do not hold themselves out as music therapists but may engage in similar activities pursuant to the practice or study of their own professions. 
   The bill establishes a music therapy advisory council. The advisory council shall meet at least annually and provide analysis of disciplinary actions taken, appeals and denials, or revocation of licenses. The board of social work shall adopt the recommendations of the advisory council for issues relating to licensure and practice of music therapists. The council may act as a facilitator of statewide dissemination of information between music therapists and relevant professional organizations. It may also support the board of social work in the development of materials that the board may utilize to educate the public concerning music therapy. 
   The bill requires the board to issue a license to practice music therapy to an applicant who, in addition to submitting the appropriate application form and fees, holds a bachelor’s degree or higher from an accredited college or university program approved by the American music therapy association or any successor organization, has completed requisite clinical training, provides proof that the applicant is currently a board-certified music therapist and has passed the examination for board certification, and is in good standing in all states in which the person holds licensure or certification as a music therapist. “Board-certified music therapist” is defined in the bill as an individual who has completed the education and clinical training requirements established by the American music therapy association and who holds current board certification from the certification board for music therapists. 
   The board shall issue a license to music therapists who are licensed in another state upon the applicant submitting the form and fees and demonstrating good standing with the other state, which has equivalent or more challenging licensure requirements than this state. For applicants who are registered, certified, or advanced certified music therapists in good standing with the national music therapy registry, the examination requirement shall be waived until January 1, 2020.
   The bill requires licenses to be renewed biennially. The board shall renew a license if the music therapist files the appropriate form and fees, has not violated any requirements of licensure, provides proof of current licensure, provides proof that the music therapist completed a minimum of 40 hours of continuing education in an approved program. Failure to renew a license shall result in forfeiture of the license. Licenses that have been forfeited may be restored within one year of the expiration date upon payment of renewal and restoration fees. Upon the music therapist’s written request, the advisory council may place an active license on inactive status, subject to payment of an inactive status fee. The music therapist, upon request and payment of the inactive status fee, may continue on inactive status for a period of up to two years and may request to activate the license at any time during that two-year period.