Senate
File
2116
-
Introduced
SENATE
FILE
2116
BY
MATHIS
and
BOLKCOM
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
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Section
1.
Section
135.11,
subsection
14,
Code
2014,
is
1
amended
to
read
as
follows:
2
14.
Administer
chapters
125
,
136A
,
136C
,
139A
,
142
,
142A
,
3
144
,
and
147A
,
and
154G
.
4
Sec.
2.
Section
147.1,
subsections
3
and
6,
Code
2014,
are
5
amended
to
read
as
follows:
6
3.
“Licensed”
or
“certified”
,
when
applied
to
a
physician
7
and
surgeon,
podiatric
physician,
osteopathic
physician
and
8
surgeon,
physician
assistant,
psychologist,
chiropractor,
9
nurse,
dentist,
dental
hygienist,
dental
assistant,
10
optometrist,
speech
pathologist,
audiologist,
pharmacist,
11
physical
therapist,
physical
therapist
assistant,
occupational
12
therapist,
occupational
therapy
assistant,
orthotist,
13
prosthetist,
pedorthist,
respiratory
care
practitioner,
14
practitioner
of
cosmetology
arts
and
sciences,
practitioner
15
of
barbering,
funeral
director,
dietitian,
marital
and
16
family
therapist,
mental
health
counselor,
social
worker,
17
massage
therapist,
athletic
trainer,
acupuncturist,
nursing
18
home
administrator,
hearing
aid
dispenser,
or
sign
language
19
interpreter
or
transliterator
,
or
music
therapist
means
a
20
person
licensed
under
this
subtitle
.
21
6.
“Profession”
means
medicine
and
surgery,
podiatry,
22
osteopathic
medicine
and
surgery,
practice
as
a
physician
23
assistant,
psychology,
chiropractic,
nursing,
dentistry,
24
dental
hygiene,
dental
assisting,
optometry,
speech
pathology,
25
audiology,
pharmacy,
physical
therapy,
physical
therapist
26
assisting,
occupational
therapy,
occupational
therapy
27
assisting,
respiratory
care,
cosmetology
arts
and
sciences,
28
barbering,
mortuary
science,
marital
and
family
therapy,
mental
29
health
counseling,
social
work,
dietetics,
massage
therapy,
30
athletic
training,
acupuncture,
nursing
home
administration,
31
hearing
aid
dispensing,
sign
language
interpreting
or
32
transliterating,
orthotics,
prosthetics,
or
pedorthics
,
or
33
music
therapy
.
34
Sec.
3.
Section
147.2,
subsection
1,
Code
2014,
is
amended
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to
read
as
follows:
1
1.
A
person
shall
not
engage
in
the
practice
of
medicine
2
and
surgery,
podiatry,
osteopathic
medicine
and
surgery,
3
psychology,
chiropractic,
physical
therapy,
physical
4
therapist
assisting,
nursing,
dentistry,
dental
hygiene,
5
dental
assisting,
optometry,
speech
pathology,
audiology,
6
occupational
therapy,
occupational
therapy
assisting,
7
orthotics,
prosthetics,
pedorthics,
respiratory
care,
8
pharmacy,
cosmetology
arts
and
sciences,
barbering,
social
9
work,
dietetics,
marital
and
family
therapy
or
mental
health
10
counseling,
massage
therapy,
mortuary
science,
athletic
11
training,
acupuncture,
nursing
home
administration,
hearing
aid
12
dispensing,
or
sign
language
interpreting
or
transliterating,
13
or
music
therapy
or
shall
not
practice
as
a
physician
14
assistant,
unless
the
person
has
obtained
a
license
for
that
15
purpose
from
the
board
or
other
regulatory
authority
for
the
16
profession.
17
Sec.
4.
Section
147.13,
Code
2014,
is
amended
by
adding
the
18
following
new
subsection:
19
NEW
SUBSECTION
.
25.
For
music
therapy,
the
department
of
20
public
health.
21
Sec.
5.
NEW
SECTION
.
154G.1
Definitions.
22
As
used
in
this
chapter,
unless
the
context
otherwise
23
requires:
24
1.
“Advisory
board”
means
the
advisory
board
of
music
25
therapy
created
in
section
154G.6.
26
2.
“Board
certified
music
therapist”
means
an
individual
27
who
has
completed
the
education
and
clinical
training
28
requirements
established
by
the
American
music
therapy
29
association,
has
passed
the
certification
board
for
music
30
therapists
certification
examination
or
transitioned
into
31
board
certification,
and
remains
actively
certified
by
the
32
certification
board
for
music
therapists.
33
3.
“Department”
means
the
department
of
public
health.
34
4.
“Director”
means
the
director
of
the
department
of
public
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health.
1
5.
“Music
therapist”
means
a
person
licensed
to
practice
2
music
therapy
pursuant
to
this
chapter.
3
6.
“Music
therapy”
means
the
clinical
and
evidence-based
4
use
of
music
interventions
to
accomplish
individualized
goals
5
within
a
therapeutic
relationship
through
an
individualized
6
music
therapy
treatment
plan
for
the
client
that
identifies
7
the
goals,
objectives,
and
potential
strategies
of
the
music
8
therapy
services
appropriate
for
the
client
using
music
9
therapy
interventions,
which
may
include
music
improvisation,
10
receptive
music
listening,
song
writing,
lyric
discussion,
11
music
and
imagery,
music
performance,
learning
through
music,
12
and
movement
to
music.
The
practice
of
music
therapy
does
not
13
include
the
diagnosis
of
any
physical,
mental,
or
communication
14
disorder.
“Music
therapy”
may
include
the
following:
15
a.
Accepting
referrals
for
music
therapy
services
16
from
medical,
developmental,
mental
health,
or
education
17
professionals,
family
members,
clients,
or
caregivers.
Before
18
providing
music
therapy
services
to
a
client
for
a
medical,
19
developmental,
or
mental
health
condition,
the
licensee
shall
20
collaborate,
as
applicable,
with
the
client’s
physician,
21
psychologist,
or
mental
health
professional
to
review
the
22
client’s
diagnosis,
treatment
needs,
and
treatment
plan.
23
During
the
provision
of
music
therapy
services
to
a
client,
the
24
licensee
shall
collaborate,
as
applicable,
with
the
client’s
25
treatment
team.
26
b.
Conducting
a
music
therapy
assessment
of
a
client
to
27
collect
systematic,
comprehensive,
and
accurate
information
28
necessary
to
determine
the
appropriate
type
of
music
therapy
29
services
to
provide
for
the
client.
30
c.
Developing
an
individualized
music
therapy
treatment
plan
31
for
the
client.
32
d.
Carrying
out
an
individualized
music
therapy
treatment
33
plan
that
is
consistent
with
any
other
medical,
developmental,
34
mental
health,
or
educational
services
being
provided
to
the
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client.
1
e.
Evaluating
the
client’s
response
to
music
therapy
and
2
the
individualized
music
therapy
treatment
plan
and
suggesting
3
modifications,
as
appropriate.
4
f.
Developing
a
plan
for
determining
when
the
provision
of
5
music
therapy
services
is
no
longer
needed
in
collaboration
6
with
the
client,
any
physician,
or
other
provider
of
health
7
care
or
education
of
the
client,
any
appropriate
member
of
the
8
family
of
the
client,
and
any
other
appropriate
person
upon
9
whom
the
client
relies
for
support.
10
g.
Minimizing
any
barriers
so
that
the
client
may
receive
11
music
therapy
services
in
the
least
restrictive
environment.
12
h.
Collaborating
with
and
educating
the
client
and
the
13
family
or
caregiver
of
the
client
or
any
other
appropriate
14
person
about
the
needs
of
the
client
that
are
being
addressed
15
in
music
therapy
and
the
manner
in
which
the
music
therapy
16
addresses
those
needs.
17
Sec.
6.
NEW
SECTION
.
154G.2
Department
——
duty
to
18
administer.
19
1.
The
department
shall
administer
this
chapter
and,
for
20
that
purpose,
the
department
shall,
insofar
as
practicable,
be
21
considered
a
board
for
purposes
of
this
chapter
and
chapters
22
147
and
272C.
23
2.
The
department’s
duties
shall
include
but
are
not
limited
24
to
the
following:
25
a.
Act
on
matters
concerning
licensure
and
the
process
26
of
applying
for,
granting,
suspending,
imposing
supervisory
27
or
probationary
conditions
upon,
reinstating,
and
revoking
a
28
license.
29
b.
Develop
continuing
education
requirements
as
a
condition
30
of
license
renewal.
31
c.
Appoint
members
of
the
advisory
board
for
musical
32
therapy.
33
d.
Periodically
evaluate
requirements
for
licensure
in
34
other
states
and
make
recommendations
to
the
general
assembly
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regarding
reciprocity
between
other
states
that
require
1
licensure
of
music
therapists.
2
e.
Establish
a
fee
schedule
for
submitting
an
application,
3
issuing
initial
licenses,
and
issuing
license
renewals.
4
3.
The
professional
licensure
division
of
the
department
5
shall
perform
administrative,
clerical,
or
ministerial
6
functions
incident
to
the
department’s
administration
of
this
7
chapter,
including
accepting
applications
for
licensure
or
8
licensure
renewal
on
behalf
of
the
department
and
forwarding
9
such
applications
to
the
director
for
the
director’s
10
consideration,
administering
examinations
to
applicants
for
11
licensure,
collecting
fees
paid
under
this
chapter,
and
any
12
other
functions
at
the
request
of
the
director.
13
Sec.
7.
NEW
SECTION
.
154G.3
Requirements
for
licensure.
14
1.
To
qualify
for
a
license
to
practice
music
therapy,
an
15
applicant
shall
meet
all
of
the
following
requirements:
16
a.
Be
at
least
eighteen
years
of
age.
17
b.
Hold
a
bachelor’s
degree
or
higher
in
music
therapy,
or
18
its
equivalent,
from
a
program
within
an
accredited
college
19
or
university
which
program
has
been
approved
by
the
American
20
music
therapy
association
or
any
successor
organization.
21
c.
Provide
proof
of
passing
the
examination
for
board
22
certification
offered
by
the
certification
board
for
music
23
therapists,
or
any
successor
organization,
or
provide
proof
of
24
being
transitioned
into
board
certification.
25
d.
Hold
in
good
standing
a
designation
approved
by
the
26
department,
including
any
of
the
following:
27
(1)
The
credential
“music
therapist
——
board
certified”
28
granted
by
the
certification
board
for
music
therapists.
29
(2)
A
professional
designation
of
registered
music
30
therapist,
certified
music
therapist,
or
advanced
certified
31
music
therapist
and
listed
as
such
on
the
national
music
32
therapy
registry.
33
e.
Have
successfully
completed
a
minimum
of
one
thousand
34
two
hundred
hours
of
clinical
training,
with
at
least
one
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hundred
eighty
hours
in
pre-internship
experiences
and
at
least
1
nine
hundred
hours
in
internship
experiences,
provided
that
2
the
internship
is
approved
by
an
academic
institution,
the
3
American
music
therapy
association,
or
both,
or
any
successor
4
organization.
5
f.
Show
evidence
of
physical,
mental,
and
professional
6
capability
for
the
practice
of
music
therapy
in
a
manner
7
acceptable
to
the
department.
8
g.
Show
evidence,
upon
review
by
the
department,
that
the
9
applicant
has
not
had
a
license
to
practice
music
therapy
10
or
other
health
care
license,
registration,
or
certificate
11
refused,
revoked,
or
suspended
by
any
other
jurisdiction
12
for
reasons
that
relate
to
the
applicant’s
ability
to
13
practice
music
therapy
unless
that
license,
registration,
14
or
certification
has
been
restored
to
good
standing
by
that
15
jurisdiction.
16
2.
The
application
must
be
accompanied
by
the
initial
17
license
fee
and
application
fee
established
by
the
department
18
and
by
the
documents,
affidavits,
and
certificates
necessary
19
to
establish
that
the
applicant
possesses
the
necessary
20
qualifications.
21
Sec.
8.
NEW
SECTION
.
154G.4
Use
of
title
——
exceptions.
22
1.
A
person
shall
not
represent
oneself
to
the
public
as
a
23
music
therapist
or
as
being
otherwise
authorized
to
practice
24
music
therapy
or
use
any
titles,
words,
letters,
abbreviations,
25
or
insignia
indicating
or
implying
that
the
person
is
a
26
licensed
music
therapist
unless
the
person
has
been
licensed
27
according
to
this
chapter.
28
2.
This
chapter
and
chapter
147
do
not
prevent
any
person
29
licensed,
certified,
or
regulated
under
Iowa
law
in
another
30
profession
or
occupation,
or
personnel
supervised
by
a
licensed
31
professional
in
this
state,
from
performing
work,
including
32
the
use
of
music,
incidental
to
the
practice
of
the
person’s
33
licensed,
certified,
or
regulated
profession
or
occupation
if
34
that
person
does
not
represent
oneself
as
a
music
therapist.
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3.
This
chapter
and
chapter
147
do
not
restrict
the
1
practice,
services,
or
activities
of
any
person
whose
training
2
and
national
certification
attests
to
the
person’s
preparation
3
and
ability
to
practice
the
person’s
certified
profession
or
4
occupation
if
that
person
does
not
represent
oneself
as
a
music
5
therapist.
6
4.
This
chapter
and
chapter
147
do
not
restrict
any
practice
7
of
music
therapy
that
is
an
integral
component
of
a
program
8
of
study
for
students
enrolled
in
an
accredited
music
therapy
9
program
if
the
student
does
not
represent
oneself
as
a
music
10
therapist.
11
5.
This
chapter
and
chapter
147
do
not
restrict
any
person
12
who
practices
music
therapy
under
the
supervision
of
a
licensed
13
music
therapist
if
the
person
does
not
represent
oneself
as
a
14
music
therapist.
15
Sec.
9.
NEW
SECTION
.
154G.5
Licensure
renewal
requirements
16
——
forfeiture
——
inactive
status.
17
1.
Every
license
issued
under
this
chapter
shall
be
renewed
18
biennially.
A
license
shall
be
renewed
upon
payment
of
a
19
renewal
fee
if
the
applicant
is
not
in
violation
of
any
of
the
20
terms
of
this
chapter
at
the
time
of
application
for
renewal.
21
The
following
shall
also
be
required
for
license
renewal:
22
a.
Proof
of
maintenance
of
the
applicant’s
status
as
a
board
23
certified
music
therapist.
24
b.
Proof
of
completion
of
a
minimum
of
forty
hours
of
25
continuing
education
in
a
program
approved
by
the
certification
26
board
of
music
therapists,
or
any
successor
organization,
and
27
any
other
continuing
education
requirements
established
by
the
28
department.
29
2.
A
licensee
shall
inform
the
department
of
any
changes
to
30
the
licensee’s
address.
Each
licensee
shall
be
responsible
for
31
timely
renewal
of
the
licensee’s
license.
32
3.
Failure
to
renew
a
license
shall
result
in
forfeiture
of
33
the
license.
Licenses
that
have
been
forfeited
may
be
restored
34
within
one
year
of
the
expiration
date
on
the
license
upon
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payment
of
renewal
and
restoration
fees.
Failure
to
restore
a
1
forfeited
license
within
one
year
of
the
date
of
its
expiration
2
shall
result
in
the
automatic
revocation
of
the
license,
and
3
the
department
shall
require
the
individual
to
reapply
for
4
licensure.
5
4.
Upon
written
request
of
a
licensee
and
payment
of
an
6
inactive
status
fee,
the
department
may
place
an
active
license
7
on
inactive
status.
The
licensee,
upon
request
and
payment
of
8
the
inactive
license
fee,
may
continue
on
inactive
status
for
a
9
period
up
to
two
years.
An
inactive
license
may
be
reactivated
10
at
any
time
by
making
a
written
request
to
the
department
and
11
by
fulfilling
requirements
established
by
the
department.
12
Sec.
10.
NEW
SECTION
.
154G.6
Advisory
board
of
music
13
therapy.
14
1.
The
director
of
the
department
shall
appoint
a
15
five-member
advisory
board
of
music
therapy.
Members
of
the
16
advisory
board
must
be
licensed
to
practice
music
therapy
and
17
shall
serve
at
the
pleasure
of
the
director.
Members
shall
be
18
appointed
for
staggered
terms
of
three
years.
Members
of
the
19
advisory
board
do
not
receive
per
diem
or
expenses.
20
2.
The
department
shall
consult
with
the
advisory
board
and
21
the
board
shall
advise
on
the
following
matters:
22
a.
Approving
and
prescribing
the
examination
required
under
23
section
154G.3,
subsection
1,
paragraph
“b”
.
24
b.
Establishing
a
fee
schedule
for
applications,
initial
25
licenses,
license
renewals,
license
restoration,
and
inactive
26
status
requests.
27
c.
Establishing
continuing
education
requirements.
28
Sec.
11.
NEW
SECTION
.
154G.7
Suspension
and
revocation.
29
The
department
shall
revoke,
suspend,
or
refuse
any
license
30
granted
pursuant
to
this
chapter
,
or
refuse
to
grant
a
license
31
pursuant
to
this
chapter,
when
the
licensee
fails
or
refuses
32
to
pay
an
examination,
license,
or
renewal
fee
required
by
law
33
or
when
the
licensee
is
guilty
of
any
of
the
following
acts
or
34
omissions:
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1.
Fraud
in
procuring
a
license.
1
2.
Professional
incompetence.
2
3.
Knowingly
making
misleading,
deceptive,
untrue,
or
3
fraudulent
representations
in
the
practice
of
the
licensee’s
4
profession
or
engaging
in
unethical
conduct
or
practice
harmful
5
or
detrimental
to
the
public.
Proof
of
actual
injury
need
not
6
be
established.
7
4.
Habitual
intoxication
or
addiction
to
the
use
of
drugs.
8
5.
Conviction
of
a
felony
related
to
the
profession
or
9
occupation
of
the
licensee.
A
copy
of
the
record
of
conviction
10
or
plea
of
guilty
shall
be
conclusive
evidence.
11
6.
Fraud
in
representation
as
to
skill
or
ability.
12
7.
Use
of
untruthful
or
improbable
statements
in
13
advertisements.
14
8.
Willful
or
repeated
violations
of
the
provisions
of
this
15
chapter
.
16
Sec.
12.
NEW
SECTION
.
154G.8
Deposit
and
use
of
moneys
17
collected.
18
1.
The
department
shall
set
the
license
fees
and
renewal
19
fees
for
all
licenses
issued
pursuant
to
this
chapter
,
by
rule,
20
based
upon
the
actual
costs
of
licensing.
21
2.
All
fees
assessed
pursuant
to
this
chapter
shall
be
22
retained
as
repayment
receipts
by
the
department,
and
such
23
fees
received
shall
be
used
exclusively
to
offset
the
costs
of
24
administering
this
chapter
.
25
3.
Notwithstanding
section
8.33
,
fees
collected
by
the
26
department
that
remain
unencumbered
or
unobligated
at
the
close
27
of
the
fiscal
year
shall
not
revert
but
shall
remain
available
28
for
expenditure
for
the
purposes
designated
until
the
close
of
29
the
succeeding
fiscal
year.
30
Sec.
13.
NEW
SECTION
.
154G.9
Rulemaking.
31
The
department
shall
adopt
rules
consistent
with
this
32
chapter,
chapter
147,
and
chapter
272C
as
necessary
for
the
33
performance
of
its
duties
under
this
chapter,
chapter
147,
and
34
chapter
272C.
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Sec.
14.
Section
272C.1,
subsection
6,
Code
2014,
is
amended
1
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
ag.
The
department
of
public
health,
when
3
administering
chapter
154G.
4
Sec.
15.
INITIAL
BOARD.
5
1.
Notwithstanding
the
requirement
of
licensure
pursuant
6
to
section
154G.5,
the
initial
members
of
the
board
of
music
7
therapy
established
pursuant
to
this
Act
shall
be
appointed
by
8
the
director
of
the
department
of
public
health
as
follows
to
9
the
following
terms:
10
a.
Three
professional
members
holding
a
designation
11
described
in
section
154G.3,
subsection
1,
paragraph
“d”,
shall
12
be
appointed
for
a
term
of
three
years.
13
b.
Two
professional
members
holding
a
designation
described
14
in
section
154G.3,
subsection
1,
paragraph
“d”,
shall
be
15
appointed
for
a
term
of
two
years.
16
2.
Subsequent
appointments
to
the
board
shall
be
for
a
term
17
of
three
years,
in
accordance
with
section
154G.6.
18
EXPLANATION
19
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
20
the
explanation’s
substance
by
the
members
of
the
general
assembly.
21
This
bill
enacts
new
Code
chapter
154G,
which
requires
the
22
licensing
of
music
therapists.
The
bill
provides
a
definition
23
for
the
practice
of
music
therapy.
24
The
bill
provides
that
the
practice
of
music
therapy
shall
be
25
regulated
by
the
department
of
public
health
and
advised
by
a
26
five-member
advisory
board
of
licensees.
27
The
bill
authorizes
the
department,
in
consultation
with
the
28
advisory
board,
to
establish
fees
relating
to
licensure
under
29
Code
chapter
154G.
30
The
bill
requires
the
department,
in
consultation
with
the
31
advisory
board,
to
adopt
rules
consistent
with
Code
chapter
32
147,
relating
to
licensure
of
health
professionals,
generally,
33
new
Code
chapter
154G,
and
Code
chapter
272C,
relating
to
34
regulation
of
licensed
professions
and
occupations
and
to
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