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 TLSB 5342XS (6) 85 jr/sc
S.F. 2116 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 35 -1- LSB 5342XS (6) 85 jr/sc 1/ 11
S.F. 2116 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 35 -2- LSB 5342XS (6) 85 jr/sc 2/ 11
S.F. 2116 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 35 -3- LSB 5342XS (6) 85 jr/sc 3/ 11
S.F. 2116 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 35 -4- LSB 5342XS (6) 85 jr/sc 4/ 11
S.F. 2116 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 35 -5- LSB 5342XS (6) 85 jr/sc 5/ 11
S.F. 2116 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. 35 -6- LSB 5342XS (6) 85 jr/sc 6/ 11
S.F. 2116 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 35 -7- LSB 5342XS (6) 85 jr/sc 7/ 11
S.F. 2116 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: 35 -8- LSB 5342XS (6) 85 jr/sc 8/ 11
S.F. 2116 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. 35 -9- LSB 5342XS (6) 85 jr/sc 9/ 11
S.F. 2116 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 35 -10- LSB 5342XS (6) 85 jr/sc 10/ 11
S.F. 2116 continuing education. 1 -11- LSB 5342XS (6) 85 jr/sc 11/ 11