House File 180 - Introduced HOUSE FILE 180 BY STAED , STUTSMAN , HUNTER , MASCHER , KRESSIG , KAJTAZOVIC , LUNDBY , WESSEL-KROESCHELL , WINCKLER , LENSING , ABDUL-SAMAD , T. TAYLOR , ANDERSON , OURTH , BEARINGER , RUFF , STECKMAN , KEARNS , THOMAS , DUNKEL , HEDDENS , M. SMITH , GASKILL , BERRY , KELLEY , GAINES , OLDSON , FORBES , MUHLBAUER , and WOLFE A BILL FOR An Act providing for the licensure of music therapists and 1 providing for fees. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1405YH (5) 85 jr/sc

H.F. 180 Section 1. Section 147.1, subsections 3 and 6, Code 2013, 1 are amended to read as follows: 2 3. “Licensed” or “certified” , when applied to a physician 3 and surgeon, podiatric physician, osteopathic physician and 4 surgeon, physician assistant, psychologist, chiropractor, 5 nurse, dentist, dental hygienist, dental assistant, 6 optometrist, speech pathologist, audiologist, pharmacist, 7 physical therapist, physical therapist assistant, occupational 8 therapist, occupational therapy assistant, orthotist, 9 prosthetist, pedorthist, respiratory care practitioner, 10 practitioner of cosmetology arts and sciences, practitioner 11 of barbering, funeral director, dietitian, marital and 12 family therapist, mental health counselor, social worker, 13 massage therapist, athletic trainer, acupuncturist, nursing 14 home administrator, hearing aid dispenser, or sign language 15 interpreter or transliterator , or music therapist means a 16 person licensed under this subtitle . 17 6. “Profession” means medicine and surgery, podiatry, 18 osteopathic medicine and surgery, practice as a physician 19 assistant, psychology, chiropractic, nursing, dentistry, 20 dental hygiene, dental assisting, optometry, speech pathology, 21 audiology, pharmacy, physical therapy, physical therapist 22 assisting, occupational therapy, occupational therapy 23 assisting, respiratory care, cosmetology arts and sciences, 24 barbering, mortuary science, marital and family therapy, mental 25 health counseling, social work, dietetics, massage therapy, 26 athletic training, acupuncture, nursing home administration, 27 hearing aid dispensing, sign language interpreting or 28 transliterating, orthotics, prosthetics, or pedorthics , or 29 music therapy . 30 Sec. 2. Section 147.2, subsection 1, Code 2013, is amended 31 to read as follows: 32 1. A person shall not engage in the practice of medicine 33 and surgery, podiatry, osteopathic medicine and surgery, 34 psychology, chiropractic, physical therapy, physical 35 -1- LSB 1405YH (5) 85 jr/sc 1/ 5

H.F. 180 therapist assisting, nursing, dentistry, dental hygiene, 1 dental assisting, optometry, speech pathology, audiology, 2 occupational therapy, occupational therapy assisting, 3 orthotics, prosthetics, pedorthics, respiratory care, 4 pharmacy, cosmetology arts and sciences, barbering, social 5 work, dietetics, marital and family therapy or mental health 6 counseling, massage therapy, mortuary science, athletic 7 training, acupuncture, nursing home administration, hearing aid 8 dispensing, or sign language interpreting or transliterating, 9 or music therapy, or shall not practice as a physician 10 assistant, unless the person has obtained a license for that 11 purpose from the board for the profession. 12 Sec. 3. Section 147.13, Code 2013, is amended by adding the 13 following new subsection: 14 NEW SUBSECTION . 25. For music therapy, the board of music 15 therapy. 16 Sec. 4. Section 147.14, subsection 1, Code 2013, is amended 17 by adding the following new paragraph: 18 NEW PARAGRAPH . x. For music therapy, three members licensed 19 to practice music therapy and two members who are not licensed 20 to practice music therapy and who shall represent the general 21 public. 22 Sec. 5. NEW SECTION . 154G.1 Definitions. 23 As used in this chapter, unless the context otherwise 24 requires: 25 1. “Board” means the board of music therapy designated in 26 section 147.13. 27 2. “Music therapist” is an individual who practices music 28 therapy. 29 3. a. “Music therapy” is the specialized use of music and 30 music materials to restore, maintain, and improve cognitive, 31 psychological, social, emotional, affective, physical, sensory 32 or sensorimotor, motor, communicative, or physiological 33 functioning. 34 b. The practice of music therapy means the application 35 -2- LSB 1405YH (5) 85 jr/sc 2/ 5

H.F. 180 of principles, methods, and procedures involving the use of 1 music to provide therapeutic development of verbal skills and 2 nonverbal behavior, memory recall, improved self-expression 3 and socialization, enhancement of self-esteem, stress and pain 4 management, cultural and spiritual expression, development of 5 fine and gross motor skills, improved respiratory functioning 6 and speech, and sensory integration and stimulation. 7 Sec. 6. NEW SECTION . 154G.2 Requirements for licensure. 8 1. To qualify for a license to practice music therapy, an 9 applicant must be at least eighteen years of age and shall meet 10 all of the following requirements: 11 a. A bachelor’s degree or higher in music therapy from an 12 educational program that included clinical training, and such 13 program is approved by the board. 14 b. Successful completion of an examination approved and 15 prescribed by the board. 16 c. Hold in good standing a designation approved by the 17 board, including any of the following: 18 (1) The credential “music therapist —— board certified” 19 granted by the certification board for music therapists. 20 (2) A professional designation of registered music 21 therapist, certified music therapist, or advanced certified 22 music therapist and listed as such on the national music 23 therapy registry. 24 d. Evidence of physical, mental, and professional capability 25 for the practice of music therapy in a manner acceptable to the 26 board. 27 e. Evidence, upon review by the board, that the applicant 28 has not had a license to practice music therapy or other health 29 care license, registration, or certificate refused, revoked, or 30 suspended by any other jurisdiction for reasons that relate to 31 the applicant’s ability to practice music therapy unless that 32 license, registration, or certification has been restored to 33 good standing by that jurisdiction. 34 2. The application must be accompanied by the license 35 -3- LSB 1405YH (5) 85 jr/sc 3/ 5

H.F. 180 fees and application fees established by the board and by the 1 documents, affidavits, and certificates necessary to establish 2 that the applicant possesses the necessary qualifications. 3 Sec. 7. NEW SECTION . 154G.3 Use of title —— exceptions. 4 1. A person shall not represent oneself to the public as a 5 music therapist or as being otherwise authorized to practice 6 music therapy or use any titles, words, letters, abbreviations, 7 or insignia indicating or implying that the person is a 8 licensed music therapist unless the person has been licensed 9 according to this chapter. 10 2. This chapter and chapter 147 do not prevent a person 11 licensed in another profession, or personnel supervised by such 12 a licensed professional, from providing services consistent 13 with the nature of music therapy, but these persons shall not 14 use a title or description denoting that they are licensed 15 music therapists. 16 Sec. 8. NEW SECTION . 154G.4 Duties of the board. 17 The board shall adopt rules consistent with this chapter, 18 chapter 147, and chapter 272C as necessary for the performance 19 of its duties under this chapter, chapter 147, and chapter 20 272C. 21 Sec. 9. Section 272C.1, subsection 6, Code 2013, is amended 22 by adding the following new paragraph: 23 NEW PARAGRAPH . ag. The board of music therapy, created 24 pursuant to chapter 147. 25 Sec. 10. INITIAL BOARD. 26 1. Notwithstanding the requirement of licensure pursuant 27 to section 147.14, subsection 1, paragraph “x”, the initial 28 members of the board of music therapy established pursuant to 29 this Act shall be appointed as follows to the following terms: 30 a. Two professional members holding a designation described 31 in section 154G.2, subsection 1, paragraph “c”, and meeting the 32 requirements of section 147.16 and one member representing the 33 general public shall be appointed for a term of three years. 34 b. One professional member holding a designation described 35 -4- LSB 1405YH (5) 85 jr/sc 4/ 5

H.F. 180 in section 154G.2, subsection 1, paragraph “c”, and meeting the 1 requirements of section 147.16 and one member representing the 2 general public shall be appointed for a term of two years. 3 2. Subsequent appointments to the board shall be for a term 4 of three years, in accordance with section 147.19. 5 EXPLANATION 6 This bill enacts new Code chapter 154G, which requires the 7 licensing of music therapists. The bill provides a definition 8 for the practice of music therapy. 9 The bill provides that the practice of music therapy shall 10 be regulated by a board of music therapy. The board consists 11 of five members, three music therapists, and two members 12 representing the general public. 13 The bill empowers the board to establish license fees and 14 application fees. 15 The bill requires the board of music therapy to adopt 16 rules consistent with Code chapter 147, relating to licensure 17 of health professionals, generally, new Code chapter 154G, 18 and Code chapter 272C, relating to regulation of licensed 19 professions and occupations and to continuing education. 20 The bill provides for appointment of the initial board of 21 music therapy. 22 -5- LSB 1405YH (5) 85 jr/sc 5/ 5