Senate File 313 - Introduced SENATE FILE 313 BY MATHIS (COMPANION TO HF 180) 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 1405XS (7) 85 jr/sc
S.F. 313 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 1405XS (7) 85 jr/sc 1/ 7
S.F. 313 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. “Board certified music therapist” means an individual 28 who has completed the education and clinical training 29 requirements established by the American music therapy 30 association, has passed the certification board for music 31 therapists certification examination or transitioned into 32 board certification, and remains actively certified by the 33 certification board for music therapists. 34 3. “Music therapist” means a person licensed to practice 35 -2- LSB 1405XS (7) 85 jr/sc 2/ 7
S.F. 313 music therapy pursuant to this chapter. 1 4. “Music therapy” means the clinical and evidence-based 2 use of music interventions to accomplish individualized goals 3 within a therapeutic relationship through an individualized 4 music therapy treatment plan for the client that identifies 5 the goals, objectives, and potential strategies of the music 6 therapy services appropriate for the client using music therapy 7 interventions, which may include music improvisation, receptive 8 music listening, song writing, lyric discussion, music and 9 imagery, music performance, learning through music, and 10 movement to music. “Music therapy” may include the following: 11 a. Accepting referrals for music therapy services 12 from medical, developmental, mental health, or education 13 professionals; family members; clients; or caregivers. Before 14 providing music therapy services to a client for a medical, 15 developmental, or mental health condition, the licensee shall 16 collaborate, as applicable, with the client’s physician, 17 psychologist, or mental health professional to review the 18 client’s diagnosis, treatment needs, and treatment plan. 19 During the provision of music therapy services to a client, the 20 licensee shall collaborate, as applicable, with the client’s 21 treatment team. 22 b. Conducting a music therapy assessment of a client to 23 collect systematic, comprehensive, and accurate information 24 necessary to determine the appropriate type of music therapy 25 services to provide for the client. 26 c. Developing an individualized music therapy treatment plan 27 for the client. 28 d. Carrying out an individualized music therapy treatment 29 plan that is consistent with any other medical, developmental, 30 mental health, or educational services being provided to the 31 client. 32 e. Evaluating the client’s response to music therapy and 33 the individualized music therapy treatment plan and suggesting 34 modifications, as appropriate. 35 -3- LSB 1405XS (7) 85 jr/sc 3/ 7
S.F. 313 f. Developing a plan for determining when the provision of 1 music therapy services is no longer needed in collaboration 2 with the client, any physician, or other provider of health 3 care or education of the client, any appropriate member of the 4 family of the client, and any other appropriate person upon 5 whom the client relies for support. 6 g. Minimizing any barriers so that the client may receive 7 music therapy services in the least restrictive environment. 8 h. Collaborating with and educating the client and the 9 family or caregiver of the client or any other appropriate 10 person about the needs of the client that are being addressed 11 in music therapy and the manner in which the music therapy 12 addresses those needs. 13 Sec. 6. NEW SECTION . 154G.2 Requirements for licensure. 14 1. To qualify for a license to practice music therapy, an 15 applicant must be at least eighteen years of age and shall meet 16 all of the following requirements: 17 a. A bachelor’s degree or higher in music therapy, or its 18 equivalent, from a program within an accredited college or 19 university which program has been approved by the American 20 music therapy association or any successor organization. 21 b. Successful completion of an examination approved and 22 prescribed by the board. 23 c. Hold in good standing a designation approved by the 24 board, including any of the following: 25 (1) The credential “music therapist —— board certified” 26 granted by the certification board for music therapists. 27 (2) A professional designation of registered music 28 therapist, certified music therapist, or advanced certified 29 music therapist and listed as such on the national music 30 therapy registry. 31 d. Successful completion of a minimum of one thousand two 32 hundred hours of clinical training, with at least one hundred 33 eighty hours in pre-internship experiences and at least nine 34 hundred hours in internship experiences, provided that the 35 -4- LSB 1405XS (7) 85 jr/sc 4/ 7
S.F. 313 internship is approved by an academic institution, the American 1 music therapy association or any successor organization, or 2 both. 3 e. Evidence of physical, mental, and professional capability 4 for the practice of music therapy in a manner acceptable to the 5 board. 6 f. Evidence, upon review by the board, that the applicant 7 has not had a license to practice music therapy or other health 8 care license, registration, or certificate refused, revoked, or 9 suspended by any other jurisdiction for reasons that relate to 10 the applicant’s ability to practice music therapy unless that 11 license, registration, or certification has been restored to 12 good standing by that jurisdiction. 13 2. The application must be accompanied by the license 14 fees and application fees established by the board and by the 15 documents, affidavits, and certificates necessary to establish 16 that the applicant possesses the necessary qualifications. 17 Sec. 7. NEW SECTION . 154G.3 Use of title —— exceptions. 18 1. A person shall not represent oneself to the public as a 19 music therapist or as being otherwise authorized to practice 20 music therapy or use any titles, words, letters, abbreviations, 21 or insignia indicating or implying that the person is a 22 licensed music therapist unless the person has been licensed 23 according to this chapter. 24 2. This chapter and chapter 147 do not prevent a person 25 licensed in another profession, or personnel supervised by such 26 a licensed professional, from providing services consistent 27 with the nature of music therapy, but these persons shall not 28 use a title or description denoting that they are licensed 29 music therapists. 30 Sec. 8. NEW SECTION . 154G.4 Duties of the board. 31 The board shall adopt rules consistent with this chapter, 32 chapter 147, and chapter 272C as necessary for the performance 33 of its duties under this chapter, chapter 147, and chapter 34 272C. 35 -5- LSB 1405XS (7) 85 jr/sc 5/ 7
S.F. 313 Sec. 9. Section 272C.1, subsection 6, Code 2013, is amended 1 by adding the following new paragraph: 2 NEW PARAGRAPH . ag. The board of music therapy, created 3 pursuant to chapter 147. 4 Sec. 10. INITIAL BOARD. 5 1. Notwithstanding the requirement of licensure pursuant 6 to section 147.14, subsection 1, paragraph “x”, the initial 7 members of the board of music therapy established pursuant to 8 this Act shall be appointed as follows to the following terms: 9 a. Two professional members holding a designation described 10 in section 154G.2, subsection 1, paragraph “c”, and meeting the 11 requirements of section 147.16 and one member representing the 12 general public shall be appointed for a term of three years. 13 b. One professional member holding a designation described 14 in section 154G.2, subsection 1, paragraph “c”, and meeting the 15 requirements of section 147.16 and one member representing the 16 general public shall be appointed for a term of two years. 17 2. Subsequent appointments to the board shall be for a term 18 of three years, in accordance with section 147.19. 19 EXPLANATION 20 This bill enacts new Code chapter 154G, which requires the 21 licensing of music therapists. The bill provides a definition 22 for the practice of music therapy. 23 The bill provides that the practice of music therapy shall 24 be regulated by a board of music therapy. The board consists 25 of five members, three music therapists, and two members 26 representing the general public. 27 The bill empowers the board to establish license fees and 28 application fees. 29 The bill requires the board of music therapy to adopt 30 rules consistent with Code chapter 147, relating to licensure 31 of health professionals, generally, new Code chapter 154G, 32 and Code chapter 272C, relating to regulation of licensed 33 professions and occupations and to continuing education. 34 The bill provides for appointment of the initial board of 35 -6- LSB 1405XS (7) 85 jr/sc 6/ 7
S.F. 313 music therapy. 1 -7- LSB 1405XS (7) 85 jr/sc 7/ 7